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Village of Grafton, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Grafton by Ord. No. 017, Series 2001 (Title 3, Ch. 3.44, of the 1979 Code); amended in its entirety 2-20-2017 by Ord. No. 001-2017. Subsequent amendments noted where applicable.]
In order to provide for the capital costs for the construction, expansion and improvement of public facilities, including the cost of land, legal, engineering and design costs to serve growth in the Village of Grafton's population, there are hereby imposed the following impact fees upon developers to pay for the capital costs that are necessary to accommodate land development in compliance with the requirements of § 66.0617, Wis. Stats.
The provisions of this chapter shall be applicable as follows:
A. 
Applicability to all land development for which an impact fee has not been collected. The provisions of this chapter shall be applicable to all land development for which an impact fee has not been collected by the Village prior to July 5, 1995.
B. 
Effects upon all building permits issued prior to chapter effective date. All building permits issued prior to the effective date of this chapter shall not be affected by this chapter, except as follows:
1. 
Nothing in this chapter or any amendment thereto shall be deemed to require any change in the plans, construction or designated use of any building or structure if a building permit (also see Subsection B.2 of this section) for such building or structure was lawfully and properly issued prior to the effective date of this chapter, or any such amendment thereto, and such building permit and/or certificate of occupancy had not by its own terms expired prior to such effective date of this chapter, and construction pursuant to such building permit is commenced prior to the expiration date of such building permit.
2. 
Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within 90 days of such effective date and the exterior of the building or structure is completed within six months of such effective date, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued; and further, may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of the Village of Grafton Code.
C. 
Pending applications. This chapter and any amendment thereto shall apply to all applications for land development pending and not finally decided on the effective date thereof to which it would apply if such applications were filed on or after such effective date.
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 the political subdivision can demonstrate that its legal, engineering and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does not include other non-capital costs to construct, expand or improve public facilities, vehicles; 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 interests in land, or any other items of value that are imposed on a developer by a political subdivision under this chapter.
LAND DEVELOPMENT
The construction or modification of improvements to real property that creates additional residential dwelling units within a political subdivision or that results in nonresidential uses that create a need for new, expanded or improved public facilities within a political subdivision.
POLITICAL SUBDIVISION
A city, village, town or county.
PUBLIC FACILITIES
Highways, as defined in § 340.01(22), Wis. Stats., and other transportation facilities, traffic control devices, facilities for collecting and treating sewage, facilities for collecting and treating stormwater and surface waters, 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. With regard to impact fees that were first imposed before June 14, 2006, "public facilities" includes other recreational facilities that were substantially completed by June 14, 2006.
SERVICE AREA
A geographic area delineated by a political subdivision within which there are public facilities.
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 political subdivision.
The amount of impact fees to be collected for each residential dwelling unit created after the effective date of this chapter shall be in an amount as specified under §§ 3.44.090, 3.44.092, 3.44.094, 3.44.096 and 3.44.098 of this chapter. The amount of impact fees to be collected for commercial, industrial and institutional development shall be in accordance with the amount specified under §§ 3.44.094, 3.44.096 and 3.44.098 of this chapter.
A. 
Determination. Impact fee amounts shall be determined from time to time and shall be based upon detailed estimates of the capital costs of providing new public facilities or the improvement or expansion of existing public facilities which will be required because of land development, in accordance with § 66.0617, Wis. Stats. Such determination shall include an estimate of the effect of the impact fees on the availability of affordable housing within the Village. The full amount of the impact fee shall be determined based upon the number of residential dwelling units created.
B. 
Guidelines and criteria for the impact fees imposed by this chapter. The impact fees imposed by this chapter:
1. 
Shall bear a rational relationship to the need for new, expanded or improved public facilities that are required to serve land development.
2. 
May not exceed the proportionate share of the capital costs that are required to serve land development, as compared to existing uses of land within the political subdivision.
3. 
Shall be based upon actual capital costs for new, expanded or improved public facilities.
4. 
Shall be reduced to compensate for other capital costs imposed by the Village with respect to land development to provide or pay for public facilities, including special assessments, special charges, land dedications or fees in lieu of land dedication under Ch. 236, Wis. Stats., or any other items of value.
5. 
Shall be reduced to compensate for moneys received from the federal or state government specifically to provide or pay for the public facilities for which the impact fees are imposed.
6. 
May not include amounts necessary to address existing deficiencies in public facilities.
7. 
Shall be payable by the developer or the property owner to the political subdivision in full upon the issuance of a building permit by the political subdivision.
A. 
The payment of all fees imposed by this chapter shall be at the time of building permit issuance. The Village Clerk shall be notified in writing by the Building Inspection Department when a building permit is issued that will require the collection of an impact fee. The required fee shall be paid to the Village Finance Department, which shall notify the Village Clerk of said payment.
B. 
The payment of impact fees imposed by this chapter shall apply to the following types of development:
1. 
Single-family dwelling units.
2. 
Two-family dwelling units.
3. 
Multifamily dwelling units.
4. 
Commercial developments (excluding condominiums, which are classified as residential units for the purposes of this chapter).
5. 
Industrial developments.
6. 
Institutional developments.
Impact fees shall be placed in segregated, interest-bearing accounts as follows:
A. 
Revenues from impact fees collected to be placed in segregated, interest-bearing accounts. Revenues from impact fees collected pursuant to this chapter shall be placed in an interest-bearing account and each service area district or zone as established in this chapter shall be individually accounted for.
B. 
Expenditure of impact fee funds. All funds collected from land development activities within a given service area district or zone, and interest thereon, shall be expended only within that service area district or zone and only for capital costs for which they were imposed.
The impact fees imposed by this chapter shall be used or refunded based upon the provisions of Wisconsin Act 44, which became effective on January 19, 2008. The Act established the following timeline for the use or refund of the impact fees imposed by this chapter:
A. 
Police facility impact fees - approved December 20, 2004.
1. 
Fees collected before April 11, 2006, must be used not later than the first day of the 120th month beginning after the date on which the fee was collected.
2. 
Fees collected after April 10, 2006, and collected within seven years of the effective date of the ordinance imposing the fee must be used within 10 years after the effective date of the ordinance.
3. 
Fees collected after April 10, 2006, and collected more than seven years after the effective date of the ordinance imposing the fees must be used within a reasonable period of time after collected.
B. 
Department of Public Works facility impact fees - approved December 5, 2005.
1. 
Fees collected before April 11, 2006, must be used not later than the first day of the 120th month beginning after the date on which the fee was collected.
2. 
Fees collected after April 10, 2006, and collected within seven years of the effective date of the ordinance imposing the fee must be used within 10 years after the effective date of the ordinance.
3. 
Fees collected after April 10, 2006, and collected more than seven years after the effective date of the ordinance imposing the fees must be used within a reasonable period of time after collected.
A. 
The Village of Grafton has caused to be prepared a 2015 Needs Assessment Study – Parks and Recreational Facilities Impact Fees, based upon the 2014 Park and Open Space Plan.
B. 
The study evaluated the current park and recreational facilities and new facilities needed to support anticipated growth within the community. Park and recreational facilities needs within the Village of Grafton are based on per capita standards, as established in the 2014 Park and Open Space Plan Update.
C. 
Each single-family residential unit constitutes one residential equivalent unit (REU), whether located within a one-family, multifamily, condominium, cooperative, rental or owner-occupied unit. Impact fees for park and recreational facilities will be assessed only to residential uses since the demand for these public facilities is generally utilized by the residential portion of the community.
The Village of Grafton, in response to the 2001 Village of Grafton Police Department Space Needs Study, has prepared a Police Facility Needs Assessment, which is on file in the Village Clerk's office. In accordance with § 66.0617, Wis. Stats., the police station needs assessment evaluates the physical adequacy of the original facility as well as a projection of the future needs based on forecasted growth. The Police station needs assessment considers any deficiencies that may have existed in the original police station facility as well as the recommended police station expansion in order to compensate for new development. The police station facility needs assessment was utilized as a primary source for forecasting the future demands for public services from projected residential and nonresidential development and to determine the costs that shall be recovered from this new growth in the form of an impact fee.
The Village of Grafton, in response to the 2003 Village of Grafton Public Works Department Space Needs Study, has prepared a Public Works Transportation Facility Needs Assessment and Impact Study, which is on file in the Village Clerk's office. In accordance with § 66.0617, Wis. Stats., the Public Works Department needs assessment evaluates the physical adequacy of the original facility as well as a projection of the future needs based on forecasted growth. The Public Works Department needs assessment considers any deficiencies that may have existed in the original public works facility as well as the recommended public works facility expansion in order to compensate for new development. The Public Works Transportation Facility needs assessment was utilized as a primary source for forecasting the future demands for public services from projected residential and nonresidential development and to determine the costs that shall be recovered from this new growth in the form of an impact fee.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
The developer or the owner shall pay to the Village a park, playground and land for athletic field impact fee for each dwelling unit that has been issued a building permit. The amount of the impact fee shall be as indicated in the 2015 Needs Assessment Study and updated annually per § 3.44.110. If the land is suitable for the dedication and development of a public park, playground or land for athletic field, as determined by the Village Board, the above impact fee shall be reduced by an amount as determined by the Village President by subtracting the value of any lands dedicated within the land development for public park, playground or land for athletic field purposes.
A. 
The following fees schedule is the amount as set by the Village Board upon creation of the Police Station Facility impact fee. This amount shall be adjusted annually based upon the current year's Consumer Price Index (CPI) and shall be utilized for the imposition of Police Station Facility impact fees:
1. 
Residential development: $631 per dwelling unit.
2. 
Commercial development: $0.40 per square foot.
3. 
Industrial development: $0.40 per square foot.
4. 
Institutional development: $0.40 per square foot.
B. 
The fees imposed by this section shall apply to any and all land development projects that occur following the effective date of this chapter. In addition, the fees imposed by this section shall apply to land development projects that were approved prior to the effective date of this chapter but that have not been signed and/or recorded as of the date of the adoption of this chapter. The fees imposed herein shall be paid according to § 3.44.050 of this chapter.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
A. 
The following fees schedule is the amount as set by the Village Board upon creation of the Public Works Facility impact fee. This amount shall be adjusted annually based upon the current year's Consumer Price Index (CPI) and shall be utilized for the imposition of Public Works Facility impact fees:
1. 
Residential development: $918 per dwelling unit.
2. 
Commercial development: $0.20 per square foot.
3. 
Industrial development: $0.18 per square foot.
4. 
Institutional development: $0.20 per square foot.
B. 
The fees imposed by this section shall apply to any and all land development projects that occur following the effective date of this chapter. In addition, the fees imposed by this section shall apply to land development projects that were approved prior to the effective date of this chapter but that have not been signed and/or recorded as of the date of the adoption of this chapter. The fees imposed herein shall be paid according to § 3.44.050 of this chapter.
Any single-family land development for which fees for parks, playgrounds, or land for athletic fields have been paid prior to May 1, 1995, pursuant to the provisions and requirements of the Village of Grafton Municipal Code as said Municipal Code existed prior to May 1, 1995, shall be exempt from the impact fees imposed under this chapter.
The Village Board may consider a written request from a developer of low-cost housing to exempt or reduce the amount of the impact fee on a land development that provides low-cost housing. Low-cost housing is defined as any housing in which the resident's income is restricted by law to not more than 80% of Ozaukee County's median income. The Village Board shall prepare written findings justifying its decision on any such request. Should a request be approved by resolution of the Village Board the Village shall not shift the reduced impact fee to any other development in the land development in which the low-cost housing is located or any other land development in the Village.
The impact fees imposed in this chapter for parks, playgrounds and land for athletic fields, police station facilities and public works facilities shall be automatically adjusted, without further Village Board action, during the first quarter of each year by the percentage equal to that of the rate of consumer inflation based upon the percent of change of the yearly Consumer Price Index for the previous year for the Milwaukee Metropolitan Area as reported by the U.S. Department of Labor, Bureau of Labor Statistics. The Village Director of Administrative Services, or the Village Director of Administrative Services' designee, shall determine such adjustment and maintain a copy of the said Consumer Price Index upon which such adjustment was made in the Village Department of Finance.
All fees collected and special accounts maintained under this chapter shall be subject to administration by the Village Director of Administrative Services.
A. 
Report required. Commencing with the calendar year subsequent to the effective date of this chapter, the Village Director of Administrative Services shall report annually to the Village Board with regard to all deposits, withdrawals, and fund balances in regard to impact fees. The purpose of the annual report is to provide the Village Board with information necessary to determine that all funds collected are spent within a reasonable amount of time pursuant to this chapter, for the purposes intended, and that the amount of the fees imposed continues to represent an equitable and reasonable apportionment of the cost of public facilities for land development.
B. 
Refunds. Should the Village Board determine that any refunds be made, such refund shall be made by the Village Director of Administrative Services proportionally to the current owner(s) of the lot(s), parcels(s), or dwelling unit(s), as applicable, and taking into account the time and amount of fees paid for such lot(s), parcels(s), or dwelling unit(s), as applicable.
Any developer who disputes the amount, collection or use of the impact fees provided for herein shall have the right to appeal to the Village Board, and the procedure for such appeal shall be as follows:
A. 
Appeal initiation and appeal application fee. An appeal shall be initiated by filing a written notice of appeal with the Village Clerk accompanied by an appeal application fee in the amount of $125 plus postage.
B. 
Content of the written notice of appeal. The written notice of appeal shall include the name, address and telephone number of the developer; the legal description of the land development for which the impact fee is imposed and the appeal is requested; the number of residential dwelling units being created; the amount and nature of the impact fee imposed; and the specific objections to the amount of the impact fee, collection of the impact fee, or the use of the impact fee.
C. 
Hearing the appeal. Upon receipt of the written notice of appeal and appeal application fee, the Village Clerk shall schedule a special meeting of the Village Board for the special purpose of hearing the appeal. Such special meeting shall be scheduled not more than 30 days from the date of the receipt of the written notice of appeal unless a later date for the hearing is agreed to by the developer in writing.
D. 
Conduct of the appeal proceedings. The developer may present such oral and documentary evidence as the developer may desire upon the hearing and the Village Plan Commission may similarly submit evidence in support of the impact fee(s). All proceedings shall be electronically recorded or taken by a court reporter, at the option of the developer. If a court reporter is requested, the developer shall pay the costs thereof.
E. 
Village Board determination. The Village Board shall make its determination based upon the evidence presented and shall issue its decision in writing within 20 days of the hearing.
F. 
Certification to the Ozaukee County Circuit Court. The decision of the Village Board may be certified to the Ozaukee Circuit Court as a special writ for judicial review.