Village of Fredonia, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fredonia as Title 14, Ch. 2, of the 1995 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 19, Art. IV.
Building construction — See Ch. 206.
Subdivision of land — See Ch. 500.
Pursuant to the authority of § 66.0617, Wisconsin Statutes, the local impact fees enabling legislation, the purpose of this chapter is to establish the mechanism for the imposition of impact fees upon new development to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public facilities which are necessary to accommodate land development. This chapter is intended to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public facilities within the Village of Fredonia and its service areas as they are required to serve the needs arising out of land development.
As used in this chapter, the following terms shall have the meanings indicated:
CAPITAL COSTS
The capital costs to construct, expand or improve public facilities, including the cost of land, and including legal, engineering and design costs to construct, expand or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering and design costs unless such costs which relate directly to the public improvement for which the impact fees were imposed actually exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand or improve public facilities or the costs of equipment to construct, expand or improve public facilities.
DEVELOPER
A person that constructs or creates a land development.
IMPACT FEES
Cash contributions, contributions of land or interest in land or any other items of value that are imposed on a developer under this chapter.
LAND DEVELOPMENT
The construction or modification of improvements to real property that creates additional residential dwelling units within the Village or its service areas or that results in nonresidential uses that create a need for new, expanded or improved public facilities within the Village or its service areas.
PUBLIC FACILITIES
Highways, as defined in § 340.01(22), Wisconsin Statutes, and other transportation facilities; traffic control devices; facilities for collecting and treating sewage; facilities for collecting and treating stormwater and surface water; facilities for pumping, storing and distributing water; parks, playgrounds and land for athletic fields; solid waste and recycling facilities; fire protection facilities; law enforcement facilities; emergency medical facilities and libraries. "Public facilities" does not include facilities owned by a school district.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
SERVICE AREA
A geographic area delineated by the Village Board within which the Village provides public facilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
SERVICE STANDARD
A certain quantity or quality of public facilities relative to a certain number of persons, parcels of land or other appropriate measure, as specified by the Village Board.
New public facilities, or improvements or expansions of existing public facilities that are required because of land development for which impact fees will be imposed are those which are identified in this chapter and in facilities needs assessment reports prepared prior to the adoption of this chapter and any amendments hereto. All facilities needs reports that form the basis of any impact fee imposed by the Village shall be kept on file in the office of the Village Clerk-Treasurer at least 20 days prior to any public hearing to be held on the creation of this chapter and any amendments. A Class 1 notice is required prior to any required hearing. All facilities needs assessment reports shall remain on file in the office of the Village Clerk-Treasurer for the entire period during which impact fees arising out of a specific report and this chapter are collected prior to expenditure, and such report shall, after expenditure of all impact fees, be maintained as a public record for such time period as required by law.
A. 
Revenues from impact fees shall be placed in one or more segregated, interest-bearing accounts and shall be accounted for separately from other Village general and utility funds. Impact fee revenues and interest earned thereon may be expended only for capital costs for which the impact fees were imposed.
B. 
Impact fee revenues collected within seven years of the effective date of an ordinance, but 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 an interest that has accumulated. The ten-year time limit for using impact fees may be extended for three years upon the Village's adoption of a resolution stating that, due to extenuating circumstances or hardship in meeting the ten-year limit, it needs an additional three years to use the impact fees that were collected.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Funds collected from impact fees shall be used solely for the purpose of paying the proportionate costs of providing public facilities that become necessary due to land development. These costs may include the costs of debt service on bonds or similar debt instruments when the debt has been incurred for the purpose of proceeding with designated public facilities projects prior to the collection of all anticipated impact fees for that project.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All required impact fees, unless expressly excepted in a section of this chapter, shall be paid by the applicant in full upon issuance of applicable building permits.
A. 
The developer or property owner upon whom an impact fee is imposed may contest the amount, collection, or use of an impact fee as specified herein. An appeal to contest the amount, collection or use of an impact fee may be commenced within 30 days of application for a building or plumbing permit, if applicable to the particular impact fee. An appeal to contest the use of an impact fee shall be commenced not later than 30 days prior to the award of any public contract for expenditure of the collected fee revenues.
B. 
It shall be a condition to the commencement of such an appeal that the impact fee from which the developer or property owner appeals shall be paid as and when the fee becomes due and payable, and upon default in making any such payment, such appeal may be dismissed.
C. 
The appellant shall pay a filing fee as set forth on the Village Fee Schedule at the time of filing of the appeal.[1]
[1]
Editor's Note: The current Village Schedule of Fees is on file in the Village office.
D. 
An appeal is commenced by filing a complaint with the Village Clerk-Treasurer. The complaint shall specify the impact fee amount or collection objected to and the basis for the objection. The appeal shall be scheduled for a public hearing before the Planning Commission at its next regular meeting. The Planning Commission shall take additional evidence and testimony on the matter, including reports from Village staff, and shall make its recommendation to the Village Board based upon the standards set forth in § 66.0617, Wisconsin Statutes. The Village Board shall consider the appeal, review the record made before the Planning Commission and the recommendation of the Commission and decide the appeal, based upon the standards for impact fees in § 66.0617. If the Village Board determines that the appeal has merit, it shall determine appropriate remedies. These may include reallocation of the proceeds of the challenged impact fee to accomplish the purposes for which the fee was collected, refunding the impact fee in full or in part, along with interest collected by the Village thereon, or granting the appellant the opportunity to make the impact fee payment in installments, or such other remedies as it deems appropriate in a particular case. The decision of the Village Board is final.[2]
[2]
Editor's Note: Original Sec. 14-2-8, Water Impact Fees, which immediately followed this subsection, was repealed 7-21-2016 by Ord. No. 2016-06.
A. 
Nothing in this section shall limit the authority of the Village to impose land dedication requirements contained elsewhere in the Code on developers as part of plat and certified survey map approvals under Ch. 236, Wisconsin Statutes, and the ordinances of the Village.
B. 
The basis for the imposition of park facilities impact fees is the facilities needs assessment report and its attachments, "Public Facilities Needs Assessment and Impact Fee Study," June 2003, which is on file in the office of the Village Clerk-Treasurer. The park facilities impact fees shall be paid by the applicant in full upon issuance of applicable building permits. The park facilities impact fees are on file in the Village office.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Each dwelling unit in a multifamily structure shall be regarded as a single-family unit.
D. 
Any residential property with expansion, remodeling, rehabilitating, or rebuilding that results in the creation of additional dwelling units shall be subject to impact fees.
E. 
These impact fees shall be increased on January 1 of each year by 3.0%.
F. 
These impact fees shall be collected until all capital costs associated with specified projects in the related "Facilities Needs Assessment and Impact Fee Study" have been incurred and satisfied, unless such time period exceeds 10 years beyond the projected commencement of the specified projects for which these park facilities impact fees are imposed. The ten-year time limit for using impact fees may be extended for three years upon the Village's adoption of a resolution stating that, due to extenuating circumstances or hardship in meeting the ten-year limit, it needs an additional three years to use the impact fees that were collected.[1]
[1]
Editor's Note: Original Sec. 14-2-9, Fire Facilities Impact Fees, which immediately followed this section, was repealed 8-2-2018 by Ord. No. 2018-04. Original Sec. 14-2-10, Police Facilities Impact Fees was repealed 7-21-2016 by Ord. No. 2016-06.