[HISTORY: Adopted by the Village Board of the Village of Osceola 4-11-2006
by Ord. No. 06-08. Amendments noted where applicable.]
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.
CAPITAL COSTS
CURRENT DEVELOPMENT
DEVELOPER
IMPACT FEES
LAND DEVELOPMENT
POLITICAL SUBDIVISION
PUBLIC FACILITIES
SERVICE AREA
SERVICE STANDARD
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:
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.
Development which commences on or after the effective date of this
chapter.
A person that constructs or creates a land development.
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.
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.
A city, village, town or county.
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.
A geographic area delineated by a political subdivision within which
there are public facilities.
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.
COMMERCIAL AND INDUSTRIAL DEVELOPMENT
DEVELOPMENT
RESIDENTIAL DEVELOPMENT
RESIDENTIAL DWELLING UNIT
RESIDENTIAL EQUIVALENT UNIT (REU)
Additional definitions.
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.
Shall have the same meaning as the phrase "land development" defined
above.
A building or a portion thereof designed or used exclusively for
residential occupancy by one family.
A building or a portion thereof designed or used exclusively for
residential occupancy by one family.
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.:
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:
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.
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:
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
| |
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.
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.
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.
