Pursuant to the authority to impose impact fees found in § 66.0617,
Wis. Stats., and pursuant to the impact fee studies and plans required
therein, the Village of East Troy hereby establishes and imposes impact
fees as prescribed in this section.
A. Establishment of service area. There is hereby established a geographically
defined area which shall be known as the "service area" within which
it will be necessary to enlarge and improve new and existing public
facilities attendant to the Village of East Troy water system and
library improvements as a result of land development and growth within
the Village of East Troy. The service for the water system and library
improvements is shown in Exhibit A which is attached hereto and incorporated
herein by this reference and is on file in the Clerk-Treasurer's office
and shall remain on file in the Clerk-Treasurer's office.
[Amended 12-7-2015 by Ord. No. 2015-09]
B. Standard for impact fees. In accordance with § 66.0617,
Wis. Stats., the Village of East Troy adopts the following standards
for impact fees which will be imposed under this section:
(1) Impact
fees adopted by the Village of East Troy:
(a)
Shall bear a rational relationship to the need for new, expanded
or improved public facilities that are required to serve land development.
(b)
May not exceed the proportionate share of the capital costs
that are required to serve land development, as compared to existing
uses of land within the Village of East Troy.
(c)
Shall be based upon actual capital costs or reasonable estimates
of capital costs for new, expanded, or improved public facilities.
(d)
Shall be reduced to compensate for other capital costs imposed
by the Village of East Troy with respect to land development to provide
or pay for public facilities, including special assessments, special
charges, land dedications or fees in lieu of land dedications under
Ch. 236, Wis. Stats., or any other items of value.
(e)
Shall be reduced to compensate for moneys received from the
federal or state government specifically to provide or pay for the
public facilities for which the impact fees are imposed.
[Amended 6-15-2015 by Ord. No. 2015-02]
(f)
May not include amounts necessary to address existing deficiencies
in public facilities.
(g)
Shall be payable by the developer or the property owner to the
Village in full upon the issuance of a building permit by the Village.
[Amended 6-15-2015 by Ord. No. 2015-02]
(2) References hereinabove to public facilities shall be deemed to refer
to the following, to the extent that their inclusion is permitted
under § 66.0617, Wis. Stats.: the Village of East Troy water
system, including wells, storage towers, and transmission mains; and
the public library, including structural improvements and equipment
owned and utilized by the system.
[Amended 12-7-2015 by Ord. No. 2015-09]
C. Amount. The impact fees are adopted in the following amounts:
[Amended 12-7-2015 by Ord. No. 2015-09]
(1) Village of East Troy water system impact fee: $1,469.
(2) Additional water fee for boosted zone: $723.
(3) Library impact fee: $482.
D. Residential impact fees. Each impact fee shall be imposed on a residential
equivalent unit (REU) basis with each single-family residential unit,
whether located within a one-family, condominium, cooperative, rental,
or owner-occupied unit, constituting one such REU. Multifamily homes
with two or fewer bedrooms shall pay 0.73 times the impact fees charged
to a single-family home. Other types of temporary or limited term
domestic use facilities shall be assigned residential unit equivalents
as provided herein:
(1) Congregate care facility (ACLF): one per four bedrooms.
(2) Community-based residential facility (CBRF): one per four bedrooms.
(3) Retirement home: one per four bedrooms.
(4) Assisted living facility: one per two units.
(5) Motel/hotel: one per two rooms or suites.
E. Nonresidential impact fees. Nonresidential development will be charged
the impact fee for water and law enforcement only according to water
meter size. The fees will be charged on a cost per REU as follows:
|
Water and Law Enforcement Impact Fees REU Multiplier
|
---|
|
Meter Size
(inches)
|
Meter Type
|
Flow
(gallons per minute)
|
REU Ratio
|
---|
|
3/4 or less
|
Displacement
|
15
|
1.0
|
|
1
|
Displacement
|
25
|
1.7
|
|
1 to 1 1/2
|
Displacement
|
50
|
3.3
|
|
2
|
Displacement
|
80
|
5.3
|
|
2
|
Compound
|
80
|
5.3
|
|
2
|
Turbine
|
100
|
6.7
|
|
3
|
Compound
|
160
|
10.7
|
|
3
|
Turbine
|
240
|
16.0
|
|
4
|
Compound
|
250
|
16.7
|
|
4
|
Turbine
|
420
|
28.0
|
|
6
|
Compound
|
500
|
33.3
|
|
6
|
Turbine
|
920
|
61.3
|
|
8
|
Compound
|
800
|
53.3
|
|
8
|
Turbine
|
1,600
|
106.7
|
|
10
|
Compound
|
1,150
|
76.7
|
|
10
|
Turbine
|
2,500
|
166.7
|
F. Payment of impact fees. Payment of impact fees for water system additions
and library additions shall become due and payable upon the issuance
of a building permit for new development or before service connection
for existing developments.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-7-2015 by Ord. No. 2015-09]
G. Low-cost housing. No exemption or reduction in the amount of said
fee shall be made on land development that provides for low-cost housing.
H. Separate fund established. There is hereby established an impact
fee fund for water system additions and library additions within the
Village of East Troy. Each such fund shall be placed in a segregated,
interest-bearing account and shall be accounted for separately from
all other funds of the Village. Revenues from said fund, including
impact fee revenues and interest earned on impact fee revenues, may
be expended only for capital costs for which the impact fees were
imposed.
[Amended 12-7-2015 by Ord. No. 2015-09]
I. Refund of impact fees. Impact fees that are collected after April
10, 2006, within seven years of the effective date of the ordinance,
but are not used within 10 years after the effective date of the ordinance
to pay the capital costs for which they were imposed, shall be refunded
to the current owner of the property with respect to which the impact
fees were imposed, along with any interest that has accumulated. However,
the time for refunding impact fees may be extended an additional three
years by a majority vote of the Village Board of Trustees adopting
a resolution stating that, due to hardship or extenuating circumstances
in meeting the ten-year limit, the Village requires an additional
three years to use the impact fees.
[Amended 2-6-2017 by Ord.
No. 2017-05]
J. Exemptions.
(1) The following shall be exempted from payment of impact fees herein
provided:
(a) Alterations or expansion of existing buildings where no additional
or larger water meter connections are requested or required and where
the use of the property is not changed.
(b) The replacement of a building or structure with a new building or
structure of the same or less size where no additional or larger water
or service connections are requested and where the use is not changed.
(2) Any claim of exemption shall be made at the time of application for
building permit. Any claim not so made shall be deemed waived.
K. Penalty provision. Any person violating any provision of this section shall be subject to the uniform penalty provisions of §
1-4 of this Code or any other legal remedy available according to law.
L. Appeal. Any person upon whom an impact fee is imposed has the right
to appeal the amount, collection, or use of the impact fee to the
Village Board of the Village of East Troy. The procedure shall be
as follows:
(1) Any person appealing the amount, collection, or use of the impact
fee shall submit a letter or petition to the Village of East Troy
Clerk-Treasurer, describing the nature of the appeal and providing
any supporting documentation therewith.
(2) The Clerk-Treasurer shall present the appeal letter or petition to
the Village Board. The Clerk-Treasurer shall notify the person appealing
of the time and place of the Village Board meeting at which the appellant
shall be given an opportunity to present additional information in
support of the appeal.
(3) The appellant shall thereafter have a further right, within 60 days,
to request and cause the Village Board of the Village of East Troy
to conduct a formal hearing of the contest within a reasonable time
following said request.