[Adopted as § 11.7 of the 2000 Code]
This article shall be known as the "Connection Fee Ordinance."
The purpose of this Connection Fee Ordinance is to generate
funding to cover costs associated with certain improvements within
the Village and to impose a charge for the privilege of connecting
a parcel within the Village, directly or indirectly, to any system
or unit and to provide for collection of said charges. Funds derived
under this Connection Fee Ordinance shall be used for the benefit
of the Village.
The Village is empowered to fix fees or charges for the privilege
of connecting, directly or indirectly, to systems or units and to
prescribe, revise, and collect fees, tolls, rates, rentals or other
charges for services and facilities furnished by it. The Village also
has the authority to enter into contracts allocating the installation
and/or construction of infrastructure and other municipal improvements
that will be the subject of the connection fees, including, but not
limited to, roadways, sewer, water and utilities.
The revenue provided for hereby shall be in addition to all
revenue otherwise collected by or on behalf of the Village including,
but not limited to, miscellaneous taxes, federal and state grants
and loans, contract revenue, investment income, annexation fees, service
charges, and other charges imposed by other laws and/or Village ordinances.
The Administrator shall administer, implement, and enforce the
provisions of this Connection Fee Ordinance. Any powers granted to
or duties imposed on the Administrator may be delegated by the Administrator
to persons acting in the beneficial interest of, or in the employ
of the Village.
A.
The connection fees may apply to development plans and the associated
improvements to be constructed within the Village at the Village Board's
discretion. The Village Board shall have the sole discretion to determine
whether a connection fee shall apply to the owners of the affected
property and the amount of the connection fee.
B.
The connection fee shall be a one-time mandatory lump-sum charge
per improvement that represents a portion of the cost of development
including, but not limited to, the improvements. The connection fees
shall be paid by the affected property owners in exchange for the
property owners connecting to improvements, with improvements being
defined in the broadest sense. The connection fees shall vary from
project to project and shall be determined at the time the development
plan is approved or, for any and all projects in process at the time
this article is passed, the connection fees shall be determined within
a reasonable time following the passage of this Connection Fee Ordinance.
C.
The specific details of an imposed connection fee shall be set forth
by resolution and provided to the affected property owners within
a reasonable time prior to the connection fee's due date. The
affected property owners will be required to pay the connection fee
prior to the property owner connecting to the improvement.
If any part, section, subsection, paragraph, sentence, clause,
phrase or term of this Connection Fee Ordinance is held invalid or
unconstitutional for any reason by any court, that decision does not
affect the validity or constitutionality of the remainder of this
Connection Fee Ordinance. The Village Board declares that it would
have adopted each provision of this Connection Fee Ordinance irrespective
of the validity of any other provision. In the event there is any
conflict between this article and any applicable Wisconsin Statute,
the Wisconsin Statute shall control in such instance. In the event
a provision of this article conflicts with any other Village ordinance,
the terms within this Connection Fee Ordinance shall supersede, provided
that such terms are less restrictive.
This Connection Fee Ordinance shall be applicable to any and
all future projects within the Village and any and all projects currently
in process within the Village.
