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.
[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.
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.