Village of Osceola, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Osceola 4-11-2006 by Ord. No. 06-08. Amendments noted where applicable.]
GENERAL REFERENCES
Special assessments — See Ch. 83.
Historic preservation — See Ch. 130.
Mobile homes and mobile home parks — See Ch. 153.
Streets and sidewalks — See Ch. 186.
Utilities — See Ch. 201.
Subdivision of land — See Ch. 218.
Zoning — See Ch. 219.
This chapter is enacted to establish the mechanism for the imposition of impact fees upon development to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public facilities that are necessary to accommodate such development. This chapter is intended to assure that development bears an appropriate share of the cost of capital costs necessary to provide such public facilities within the Village of Osceola as are required to serve the needs arising out of development, as well as to comply with § 66.0617, Wis. Stats. As provided in § 66.0617(2)(b), Wis. Stats., the Village of Osceola, by adopting this chapter, is not intending to limit its authority to finance public facilities by any other means authorized by law, including, without limitation, the means authorized by § 236.13(2) and (2m), Wis. Stats., and other applicable statutes or ordinances.
A. 
In this chapter, all words shall have the same meanings as set forth in § 66.0617(1), Wis. Stats. (2003-2004), subject to the following specific definition of terms:
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 noncapital costs to construct, expand or improve public facilities or the costs of equipment to construct, expand or improve public facilities.
CURRENT DEVELOPMENT
Development which commences on or after the effective date of this chapter.
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 other recreational facilities, solid waste and recycling facilities, fire protection facilities, law enforcement facilities, emergency medical facilities and libraries, except that, with regard to counties, "public facilities" does not include highways, as defined in § 340.01(22), Wis. Stats., other transportation facilities or traffic control devices. "Public facilities" does not include facilities owned by a school district.
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.
B. 
Additional definitions.
COMMERCIAL AND INDUSTRIAL DEVELOPMENT
All types of development in the Village other than residential development, which development creates a need for new, expanded or improved public facilities in the Village.
DEVELOPMENT
Shall have the same meaning as the phrase "land development" defined above.
RESIDENTIAL DEVELOPMENT
A building or a portion thereof designed or used exclusively for residential occupancy by one family.
RESIDENTIAL DWELLING UNIT
A building or a portion thereof designed or used exclusively for residential occupancy by one family.
RESIDENTIAL EQUIVALENT UNIT (REU)
A unit of measure for impact fees equivalent to one residential dwelling unit. For purposes of calculating the public water or sewer impact fee for residential development, one REU is equivalent to one dwelling unit. For purposes of calculating the public water or sewer impact fee for commercial or industrial development, one REU is considered equal to the basic meter size of 5/8 inch. For purposes of calculating the parks and recreation impact fee, one REU is equal to each separate dwelling unit. In all cases, the Village Administrator shall apply these standards to calculate the appropriate impact fee.
The following fees are impact fees established by the Village pursuant to § 66.0617, Wis. Stats.:
A. 
Public water and sewer impact fees pursuant to § 134-10 of this chapter.
B. 
Public parks and recreation impact fees pursuant to § 134-11 of this chapter.
C. 
Public municipal buildings impact fees pursuant to § 134-12 of this chapter.
The Village has prepared an impact fee needs assessment for the impact fees identified under § 134-3 above, in compliance with the requirements of § 66.0617(4), Wis. Stats. This document shall be kept on file and available for public inspection in the office of the Village Clerk.
Revenues collected by the Village as impact fees shall be placed by the Village Treasurer in segregated interest-bearing accounts, and shall be accounted for separately from other funds of the Village. Impact fee revenues and interest earned on impact fee revenues may be expended by the Village only for the types of capital costs, as identified herein, for which the impact fees were imposed.
A. 
The following shall constitute the maximum lengths of time subsequent to the collection of an impact fee during which the fee may be used by the Village for the planning, financing, acquisition and construction of the specified public facilities:
(1) 
Public water and sewer facilities: seven years.
(2) 
Public parks and recreation facilities: seven years.
(3) 
Public municipal buildings facilities: seven years.
B. 
Fees collected by the Village and reserved under § 134-5 above, for public facilities and which are not used within the time period specified herein, shall be refunded to the persons who, at the time of the expiration of such time period, are the owners of record of the property upon which the impact fees were imposed.
A. 
Unless otherwise expressly provided herein, all required impact fees shall be paid in full before issuance of a building permit by the Village for any development to which the impact fee applies.
B. 
Any impact fee imposed due to installation of a larger meter pursuant to § 134-10B shall be paid prior to installation of the larger meter.
The Village Board may authorize by resolution, either as a general policy or with respect to one or more of the identified public facilities or with respect to specific projects, the payment of impact fees in installments. If installment payments are authorized, interest shall be paid on the installment payments at the same rate then charged by the Village on installment payments for special assessments.
A. 
No appeal may be commenced pursuant to this section if any applicable impact fee or installment payment is delinquent. No impact fee payment obligation shall be suspended during the appeal process.
B. 
Pursuant to § 66.0617(10), Wis. Stats., the only issues upon which an impact fee appeal can be raised are the following:
(1) 
The amount of the impact fee imposed by the Village and paid by the developer.
(2) 
The method of collection of the impact fee.
(3) 
The purpose for which impact the Village expends fee funds.
C. 
Appeals must be brought within 30 days of the earlier of:
(1) 
The due date for payment of the applicable impact fee; or
(2) 
The due date of the first installment payment.
D. 
The appellant shall pay a filing fee of $200 at the time of filing of the appeal. The notice of appeal shall be filed with the Village Clerk.
E. 
Following the filing of the notice of appeal, the Village Clerk shall compile a record consisting of the ordinance imposing the contested impact fee and a record of the management of the fees and expenditures made or proposed to be made of the impact fee. The Village Clerk shall transmit these documents to the Village Board. The Village Clerk shall also compile a report for each appeal in which the appellant is seeking a total or partial refund of the impact fee paid. This report shall specify the fiscal impact of a successful appeal on the Village. The fiscal impact report shall estimate whether it will be necessary for the Village to adjust impact fees or amend existing ordinances if there is a successful appeal.
F. 
The Village Board shall hold a public hearing on the appeal, preceded by a Class 1 notice, providing fair opportunity for the appellant to be heard. The burden shall be on the appellant to establish that pursuant to the terms of this chapter, the impact fee at issue should not have been assessed. Following the close of the public hearing, the Village Board shall deliberate upon the matter. A decision shall be reached within a reasonable period of time after the holding of the public hearing. The Board reserves the right to perform any additional studies and engage in consultations to assist it in arriving at its decision.
G. 
If the Village Board determines that the appeal has merit, it shall determine the appropriate remedy. 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; 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.
A. 
A public water and sewer impact fee is hereby imposed on all development in the Village as specified by this chapter. With respect to property which is developed prior to annexation to the Village, this impact fee shall be deemed to be payable with 30 days of the effective date of its annexation.
B. 
The public water and sewer impact fee is hereby imposed for any current or future development within the Village. The public water and sewer impact fee shall also be imposed on any existing development in which additional residential dwelling units are created or for which a larger water meter is installed, whether such installation is due to a modification of the development or not. Public water and sewer impact fees pertaining to development necessitating installation of a larger water meter shall be referred to in this chapter as a "larger meter fee" and shall be imposed based on the size of the new larger meter, subject to the credit described in Subsection F(2) below.
C. 
The public water and sewer impact fee shall be calculated as set forth in the impact fee needs assessment referenced in § 134-4 of this chapter.
D. 
The public water and sewer impact fee for residential development shall be $1,570 for each residential dwelling unit created by the development.
E. 
The public water and sewer impact fee for commercial or industrial development shall be $1,570 per REU, based on the number of REUs applicable to the particular meter size as specified herein.
(1) 
The total public water and sewer impact fee for a particular commercial or industrial development shall be based on the size of the water meter installed to service the development according to the following table of meter equivalents:
Equivalent Meter Conversion
Meter Size
(inches)
Number of REUs
3/4 or 5/8
1
1
2.5
1.25
4
1.5
5
2
8
3
15
4
25
(2) 
The impact fee for a particular development shall be determined by multiplying the applicable public water and sewer impact fee specified in Subsection E above by the number of REUs as determined by reference to the table above.
F. 
Public water and sewer impact fees may be reduced or eliminated as follows:
(1) 
Additions to existing buildings which do not involve the creation of additional dwelling units or the installation of additional or larger water meters shall not be assessed a public water and sewer impact fee.
(2) 
A larger meter impact fee shall be reduced by the amount of any previous impact fee paid for that same meter installation. In the case of installment payments, the reduction does not include any interest paid.
A. 
A public parks and recreation impact fee is hereby imposed on all residential development in the Village. With respect to property which is developed prior to annexation to the Village, this impact fee shall be deemed to be payable with 30 days of the effective date of its annexation to the Village.
B. 
The public parks and recreation impact fee is hereby imposed for any current or future residential development within the Village of Osceola. The public parks impact fee shall also be imposed on any modification to an existing residential development that results in any additional dwelling units.
C. 
The public parks and recreation impact fee imposed shall be calculated according to the impact fee needs assessment referred to in § 134-4.
D. 
The public parks and recreation impact fee shall be $440 for each REU.
E. 
The total public parks and recreation impact fee shall be based upon the number of dwelling units created by the development.
F. 
The public parks and recreation impact fee shall be equal to the impact fee per REU as set forth in Subsection D above, multiplied by the number of dwelling units in a development.
A. 
A public municipal buildings impact fee is hereby imposed on all development in the Village of Osceola. The public municipal buildings impact fee shall be imposed upon any residential development occurring on land subsequently annexed to the Village of Osceola as of the date of annexation of such land.
B. 
The public municipal buildings impact fee is hereby imposed for any current (as of the effective date of this chapter) or future development within the Village of Osceola. The public buildings impact fee shall also be imposed on any modification to an existing residential development which results in any additional residential units.
C. 
The public municipal buildings impact fee imposed shall be calculated as set forth in the impact fee needs assessment referred to in § 134-4 of this chapter.
D. 
The public municipal buildings impact fee shall be $595 for each REU.
E. 
The public municipal buildings impact fee shall be equal to the amount per REU set forth in Subsection D above multiplied by the equivalent meter conversions specified in § 134-10E.
The Village Board may, at its sole discretion, agree to lessen the amount of the impact fee imposed on a specific development to accommodate the construction of state- or federal-funded low- or moderate-income housing within the Village.
The fees established by this chapter shall be subject to modification by the Village Board, acting in accord with § 66.0617, Wis. Stats., at any time subsequent to the initial adoption of this chapter.
If any section, phrase, sentence, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion(s) shall be deemed separate, distinct, and independent provisions. Any such holding shall not affect the validity of the remaining portions of this chapter.