Village of Cottage Grove, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of Village of Cottage Grove 3-18-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 130.
Subdivision of land — See Ch. 274.
Water and sewers — See Ch. 312.
198a Exhibit 1A 198b Exhibit 1B

§ 198-1 Short title.

This chapter shall be known and may be cited as the "Village of Cottage Grove Impact Fee Ordinance."

§ 198-2 Authority and purpose.

Pursuant to the authority of s. 66.55, Wis. Stats., 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 assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public facilities within the Village of Cottage Grove and its service areas as they are required to serve the needs arising out of land development.

§ 198-3 Definitions.

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 non-capital costs to construct, expand or improve public facilities or the costs of equipment to construct, expand or improve public facilities.
DEVELOPMENT
Any man-made change to improved or unimproved real property, the use of any principal structure or land or any other activity that requires the issuance of a building permit.
IMPACT FEES
Cash contributions, of land or interests 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 s. 340.01(22), Wis. Stats., and other transportation facilities, traffic control devices, facilities for collecting and treating sewage, facilities for collecting and treating storm- and surface waters, facilities for pumping, storing and distributing water, parks, playgrounds and other recreation facilities, 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.
RESIDENTIAL EQUIVALENT UNIT (REU)
The amount of billable sewage flow that is estimated to be contributed to the system from a single-family residence. For the purposes of this chapter, this amount is defined as 248 gallons per day per single-family residence.
SERVICE AREA
A geographic area delineated by the Village Board within which the Village provides 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 Village Board.

§ 198-4 Public facilities needs assessment.

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 in conjunction with 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.

§ 198-5 Impact fee revenue administration.

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 imposed and collected but not used within a specified reasonable period of time after collection to pay the capital costs for which they were imposed shall be refunded on a prorated proportional basis, as determined by the Utility Commission, to the current record owner or owners of the property with respect to which the impact fees were imposed. Reasonable time periods for expenditure of impact fee revenues shall be within five years after the recommended time for commencement of construction, expansion or improvement of a specific public facility identified in a facilities needs assessment report, or within 20 years after the projected loan obligations undertaken for a project should be satisfied.

§ 198-6 Use of impact fees.

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, to reimburse the utility for advances of other funds or reserves, and such other purposes consistent with s. 66.55, Wis. Stats., which are recorded by the Utility Commission and approved by the Village Board.

§ 198-7 Payment of impact fees.

All required impact fees, unless expressly excepted in a section of this chapter, shall be paid prior to the issuance of a building or plumbing permit, or both, whichever permits are applicable. Impact fee payments shall be assumed to be the responsibility of the owner of record at the time the building or plumbing permit, or both, is requested.

§ 198-8 Appeals.

A. 
The payment of an impact fee imposed under this chapter as a condition of the issuance of a building permit may be contested as to the amount, collection or use of the impact fee to the Village Board, provided that the applicant files a written notice of appeal in the Village Clerk's office within 15 days of the filing of an application for a building permit upon which the impact fee is imposed. Such notice of appeal shall be titled "Notice of Appeal of Impact Fee" and shall state the applicant's name, address and telephone number, the address (if available) and legal description of the land development upon which the impact fee is imposed and a statement of the nature of and reasons for the appeal.
B. 
The Village Clerk shall schedule the appeal for consideration by the Village Board at a regular meeting as soon as reasonably practicable under the circumstances and shall notify the applicant of the time, date and place of such meeting in writing by regular mail, deposited in the mail no later than at least three days before the date of such meeting. Upon review of such appeal, the Village Board may adjust the amount, collection or use of the impact fee upon just and reasonable cause shown.

§ 198-9 Types of impact fees.

A. 
Sanitary sewer system facility plan impact fees.
(1) 
The basis for the imposition of the following sewer impact fees is the facilities needs assessment report and its attachments as outlined in the needs assessment prepared by Mid-State Associates, Inc., in August 1995 titled "Sanitary Sewer System Facility Plan and Public Needs Assessment" and the Impact Fee Study prepared by Virchow Krause & Co. in October 2003, both of which are on file in the office of the Village Clerk.
[Amended 6-7-2004 by Ord. No. 01-2004]
(2) 
In the interest of fairness and in an effort to better effectuate the purpose of this chapter as outlined in § 198-2, the Village has adopted the following schedule relating to the impact fees to be paid prior to the issuance of applicable building or plumbing permits:
[Amended 6-7-2004 by Ord. No. 01-2004]
Type
Fee based on Number of REUs:
Effective 6-1-2004
Effective 6-1-2005
Effective 6-1-2006
Single-family
residential
1.00 (per unit)
$1,046
$1,550
$2,055
Duplex
1.68
$1,757
$2,604
$3,452
Apartments
0.53 (per unit)
$554
$821
$1,089
Condominiums
0.53 (per unit)
$554
$821
$1,089
(3) 
These impact fees shall be collected until all capital costs associated with specified projects in the Sanitary Sewer System Facility Plan and Public Needs Assessment report have been incurred and satisfied, unless such time period exceeds five years beyond the projected commencement of projects or five years beyond projected satisfaction of indebtedness for the specified projects for which these impact fees are imposed.
(4) 
New developments for which a building permit is applied for after March 18, 1996, and for which a west side interceptor fee was paid by the developer shall be credited $300 toward the sewer impact fee. Undeveloped lots within the area defined by Figure 1[1] are eligible for the credit at the time they incur a sewer impact fee.
[1]
Editor's Note: Figure 1 is included at the end of this chapter and is also designated as Exhibit 1B.
B. 
Water supply and distribution system impact fees.
(1) 
The basis for the imposition of the following water supply and distribution system impact fees is the facilities needs assessment report and its attachments as outlined in the needs assessment prepared by Mid-State Associates, Inc., in September 1995 titled "Engineering Report and Public Needs Assessment for the Water Supply and Distribution System of the Village of Cottage Grove, Dane County, Wisconsin" and the Impact Fee Study prepared by Virchow Krause & Co. in September 1995, both of which are on file in the office of the Village Clerk.
[Amended October 2003, 6-7-2004 by Ord. No. 01-2004]
(2) 
In the interest of fairness and in an effort to better effectuate the purpose of this chapter as outlined in § 198-2, the Village has adopted the following schedule relating to the impact fees to be paid prior to the issuance of applicable building or plumbing permits:
[Amended 6-7-2004 by Ord. No. 01-2004]
Type
Fee based on Number of REUs:
Effective 6-1-2004
Effective 6-1-2005
Effective 6-1-2006
Single-family
residential
1.00 (per unit)
$893
$1,053
$1,215
Duplex
1.68
$1,500
$1,769
$2,041
Apartments
0.53 (per unit)
$473
$558
$644
Condominiums
0.53 (per unit)
$473
$558
$644
(3) 
These impact fees shall be collected until all capital costs associated with specific projects contained within the Engineering Report and Public Needs Assessment for the Water Supply and Distribution System of the Village of Cottage Grove, Dane County, Wisconsin, have been incurred and satisfied unless such time period exceeds five years beyond the projected commencement of projects or five years beyond projected satisfaction of indebtedness for the specified projects for which these water impact fees are imposed.
C. 
Residential equivalent unit (REU).
(1) 
Sewer and water impact fees for all developments shall be assessed based on the number of residential equivalent units assigned to that type of development and the current impact fee per REU as defined in Subsections A and B above. Residential equivalent unit (REU) assessment shall follow the schedule attached as Exhibit 1A.[2]
[2]
Editor's Note: Exhibit 1A is included at the end of this chapter.
(2) 
The minimum REU assigned to any development shall be 1.0. Calculated REUs shall be rounded to the nearest 0.1 REU.
(3) 
REU determinations for all developments not specifically identified above shall be determined by the Village Utility Commission.
(4) 
The Village reserves the right to assess an REU other than that shown in Subsection C(1) for a listed development on a case-by-case basis to reflect extenuating circumstances. The Village shall outline the rationale used for such alternative REU assessment.
D. 
(Repealed)[3]
[3]
Editor's Note: Former Subsection D, Library facilities impact fee, added 12-18-2006 by Ord. No. 19-2006, was repealed 6-1-2009 by Ord. No. 08-2009.

§ 198-10 Exemptions.

A. 
The following situations shall be exempted from payment of the impact fee(s) outlined in § 198-9:
(1) 
Alterations or expansions of an existing building where no additional or larger water meter connections are requested and where the use is not changed.
(2) 
The replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water and/or sewer connections are requested and where the use is not changed.
B. 
Any claim of exemption must be made no later than the time of application for connection to the Village's water system. Any claim not so made shall be deemed waived.

§ 198-11 Proportionate payments in lieu of dedication.

The Village Board may, in its discretion, accept lands dedicated for public purposes in lieu of the impact fees assessed pursuant to this chapter; provided, however, that in no event shall the fair market value of the land or lands accepted by the Village be less than the amount of the assessment which would otherwise be levied in accordance with the provisions of this chapter.

§ 198-12 Review; enforcement.

A. 
The impact fee(s) contained herein shall be reviewed by the Utility Commission and the Village Board every three years.
B. 
Enforcement shall be provided pursuant to Chapter 1, General Provisions, § 1-19, of the Code. In addition to or in lieu of any such prosecution, the Village of Cottage Grove shall have the power to sue in civil court to enforce the provisions of this chapter.