[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.
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.
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.
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.