[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Title 14, Ch. 2, of the 1995 Code. Amendments noted where
applicable.]
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:
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.
A person that constructs or creates a land development.
Cash contributions, contributions of land or interest in
land or any other items of value that are imposed on a developer under
this chapter.
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.
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)]
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)]
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.
[Amended 11-17-2022 by Ord. No. 2022-6]
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 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 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.Â
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.Â
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.Â
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.Â
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.
D.Â
An appeal is commenced by filing a complaint with the Village Clerk.
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]
[Amended 11-17-2022 by Ord. No. 2022-6]
[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.Â
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.Â
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. 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 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
C.Â
Each dwelling unit in a multifamily structure shall be regarded as
a single-family unit.
D.Â
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.Â
These impact fees shall be increased on January 1 of each year by
3.0%.
F.Â
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.
