[Added 2-28-2006 by Ord. No. 2006-2]
Consistent with § 66.0617, Wis. Stats., the purpose of this
article is to establish a mechanism for the imposition of a park facilities
impact fee upon new development to finance the capital costs of acquiring,
establishing, upgrading, expanding and constructing public park facilities
necessary to accommodate the new development. This article is intended to
ensure that new development bears an appropriate share of the cost of capital
expenditures necessary to provide public park facilities within the Village
and that such costs are equitably apportioned on the basis of additional need
created by the new development.
This article is intended to impose an impact fee in order to finance
park facilities, the demand for which is generated by new residential development.
The Village is responsible for and will meet, through the use of general Village
revenues, all capital improvement needs associated with existing development.
Only needs created by new development will be met by impact fees. Impact fees
shall be spent on new or enlarged capital facilities improvements required
by new developments that pay the fees.
Authority for this article is provided by § 66.0617, Wis.
Stats. The provisions of this article shall not be construed to limit the
power of the Village to adopt any ordinance or fee pursuant to any other source
of local authority or to utilize any other methods or powers otherwise available
for accomplishing the purposes set forth herein, either in lieu of or in conjunction
with this article.
This article shall be uniformly applicable to all new development that
occurs within the Village. The effective date shall be April 25, 2006. Any
building permit applications or subdivision requests filed on or after the
effective date will be liable for any impact fees imposed under this article.
As used in this article, the following words and terms shall have the
following meanings, unless the context indicates another meaning is clearly
intended:
The permit required for new construction and additions pursuant to
the Village Code. The term "building permit," as used herein, shall not be
deemed to include permits required for remodeling, rehabilitation, or other
improvements to an existing structure or rebuilding a damaged or destroyed
structure, provided there is no increase in the number of residential living
units resulting therefrom.
The capital costs to construct, expand or improve public park facilities,
excluding land but including legal, engineering and design costs to construct,
expand or improve public park facilities, except that not more than 10% of
capital costs may consist of legal, engineering and design costs unless the
Village can demonstrate that its legal, engineering and design costs which
relate directly to the park facilities exceed 10% of the capital costs.
Public facilities that are treated as capital assets according to
generally accepted accounting principles and does not include costs associated
with the operation, administration, maintenance, or replacement of capital
improvements, nor does it include administrative facilities. For purposes
of this article, capital improvements specifically include any park and recreational
facilities, including park improvements, park equipment, and construction
and installation of the same, but excluding park land.
The construction or modification of improvements to real property
that requires issuance of a building permit or that creates additional residential
living units within the Village either of which creates a need for new, expanded
or improved public facilities within the Village.
The charge, fee, or assessment levied pursuant to this article and
intended to fund any portion of the costs of capital improvements.
The needs assessment prepared by Virchow, Krause & Company, LLP
and approved by the Village Board following public hearing on February 28,
2006, which identified the public facility costs for the purpose of calculating
impact fees as defined by § 66.0617, Wis. Stats. The adopted needs
assessment is on file with the Village Administrator.
See "capital improvements."
A single-family residence, a separate living area within a multiunit
residential apartment or condominium building, or a separate residential living
area in a mixed-use commercial/residential building. RLUs for multiunit residential
buildings generally consists of a combination of bedroom(s), bathroom(s),
kitchen(s) and/or living area for the purpose of providing a separate and
distinct living space, or as otherwise may reasonably be designated as separate
by the Village. (Examples: A single-family home shall count as one RLU, a
duplex or side-by-side townhouse shall count as two RLUs, an eight-unit condominium
building shall count as eight RLUs, and a four-unit apartment building shall
count as four RLUs). An RLU for a mixed-use commercial/residential building
generally consists of the separate and distinct residential living space within
the mixed-use building, as may reasonably be designated by the Village as
separate, but shall not include the commercial portion of the mixed-use building.
(Examples: A mixed-use building with one apartment unit and a business shall
count as one RLU, and a mixed-use building with two apartment units and a
business shall count as two RLUs).
A plat, certified survey map, or other method used to divide a parcel
of property into two or more separate parcels or lots.
A.
General requirement. Any person who creates a new development
in the Village shall be required to pay an impact fee as further set forth
in this article.
B.
Uniform application; discretion; affordable housing.
(1)
Impact fees shall be assessed in such a manner that any
new development having the same impacts on park facilities shall be assessed
the same impact fee.
(2)
Subsection B(1) above notwithstanding, the Village Board may waive or reduce the impact fee required to be assessed against a new development if that development promotes other policies established by the Village Board from time to time, including but not limited to the provision of affordable housing. However, no amount of the impact fee for which the waiver or reduction is provided may be shifted to any other portion of the development in which the waiver or reduction has been granted, nor may it be shifted to any other land development in the Village.
A.
Amount and calculation.
(1)
The park facilities impact fee shall be $419 per RLU
until amended by the Village Board, except that this amount may be increased
annually by the Consumer Price Index to reflect the inflationary increases
of the costs of improving park facilities via Village Board resolution. No
such amendment shall exceed $419 (as adjusted for inflation) unless a new
needs assessment is prepared as provided in § 66.0617, Wis. Stats.
(2)
The impact fee shall be assessed against each RLU created
by the new development to calculate the total impact fee assessment. A developer
shall be charged an impact fee for the maximum number of RLUs that could exist
in the subdivision.
B.
Payment due. The total impact fee assessment shall become
due and payable at the time the final plat, final certified survey map, or
other final subdivision approval is granted by the Board. In the absence of
a subdivision, the total impact fee assessment shall become due and payable
at the time of issuance of the building permit. Notwithstanding the foregoing,
no final plat, certified survey map, or building permit shall be issued or
executed until the impact fee imposed by this article has been paid in full.
C.
Annual review. The Village may annually review the impact
fee and make such modifications as are deemed necessary as a result of: development
occurring in the prior year; capital improvements actually constructed; changing
facility needs; inflation; revised cost estimates for land acquisition and
capital improvements; changes in the availability of other funding sources
applicable to public facility projects; and such other factors as may be relevant.
D.
Segregated account. Upon receipt of impact fees, the
funds shall be placed into a separate impact fee account. At the discretion
of the Village, multiple impact fee accounts may be maintained for separate
and distinct development or capital improvements projects. All such accounts
shall be interest-bearing accounts and shall be held in a bank authorized
to receive deposits of Village funds. Interest earned shall be credited to
that account and shall be used solely for the purposes specified for such
funds. The Village shall maintain and keep accurate financial records for
the account, including the source and disbursement of all revenues, the amount
of all funds collected, and the projects that were funded.
The Village may issue bonds, revenue certificates, and other obligations
of indebtedness in such manner and subject to such limitations as may be provided
by law in furtherance of the provision of capital improvement projects. Funds
pledged toward retirement of bonds, revenue certificates, or other obligations
of indebtedness for such projects may include impact fees and other Village
revenues as may be allowed by the Board. Impact fees paid pursuant to this
article, however, shall be restricted to use solely and exclusively for financing
directly or as a pledge against bonds, revenue certificates, and other obligations
of indebtedness for the cost of capital improvements as specified herein.
A.
Reasonable time determination. Pursuant to § 66.0617(9),
Wis. Stats., the Village determines that 20 years is a reasonable length of
time for the planning, financing, acquisition and construction of the public
park facilities set forth in this article.
B.
Refund requirement. Impact fees imposed and collected
but not used within 20 years of payment to pay the capital costs for which
they were imposed shall be refunded on a prorated, proportional basis, as
determined by the Village Board, to the current record owner(s) of record
of the property upon which the impact fee was originally imposed.
C.
Refund petition. The applicable owner of record shall
apply for a refund of all or part of such fee as follows:
(1)
A petition for refund must be filed within one year of
the event giving rise to the right to claim a refund.
(2)
The petition for refund must be submitted in writing
to the Village Administrator or his or her duly designated agent. The petition
shall set forth the basis for petitioner's request for the refund.
(3)
Within one month of the date of receipt of a petition
for refund, the Village Administrator or his or her duly designated agent
must provide the petitioner, in writing, with a decision on the refund request,
including the reasons for the decision. If a refund is due to the petitioner,
the Village Administrator or his or her duly designated agent shall request
that a refund payment be made to petitioner.
(4)
The petitioner may appeal the determination of the Village
Administrator to the Village Board.
Appeals may be made to the Village Board as set forth below.
A.
The applicant seeking appeal must file a written notice
of appeal with the Village Board within 30 days following either the denial
of execution of a final plat, certified survey map or other subdivision; denial
of issuance of a building permit; denial of a refund; or date the impact fee
was due, whichever is applicable, and in the event of a conflict the earliest
date applicable.
B.
The notice of appeal shall state the applicant's name,
address, and telephone number, address and legal description of the applicable
lot or parcel, and a statement of the nature of and reasons for the appeal.
In the event that payment of an impact fee is being appealed, the notice of
appeal shall be accompanied by full payment of the impact fee if such payment
has not already been provided to the Village.
C.
The Village Administrator shall schedule the appeal for
consideration by the Village Board at a regular or special meeting no later
than 60 days from receipt of the notice of appeal. The Village Administrator
shall notify the applicant of the date, time and location of the meeting in
writing, by regular mail, no less than three days before the date of such
meeting.
D.
Upon review of the appeal, the Village Board may adjust
the amount, collection, refund or use of the impact fee upon reasonable cause
shown and in a manner consistent with the terms of this article. Approval,
denial, or modification of the appeal request may be made by regular motion
of the Board. The decision of the Board shall be a final administrative determination.
E.
No impact fee payment shall be suspended or stayed during
the pendency of any appeal filed pursuant to this article.
This article shall not affect, in any manner, the permissible use of
property, density of development, design and improvement standards and requirements,
or any other aspect of the development of land or provision of capital improvements
subject to the zoning and subdivision regulations or other regulations of
the Village, which shall be operative and remain in full force and effect
without limitation with respect to all such development.
The impact fee is additional and supplemental to, and not in substitution
of, any other requirements imposed by the Village on the development of land
or the issuance of building permits. It is intended to be consistent with
and to further the objectives and policies of the Master Plan or Comprehensive
Plan and other Village policies, ordinances and resolutions by which the Village
seeks to ensure the provision of public facilities in conjunction with the
development of land. In no event shall a property owner be obligated to pay
for capital improvements in an amount in excess of the amount calculated pursuant
to this article; provided, however, that a property owner may be required
to pay, pursuant to Village ordinances, regulations, or policies, for other
capital improvements in addition to the impact fee for capital improvements
as specified in this article.
The provisions of this article are hereby found and declared to be in
furtherance of the public health, safety, welfare, and convenience, and this
article shall be liberally construed to effectively carry out its purposes.
If any subsection, phrase, sentence or other portion of this article is for
any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed separate, distinct and independent, and such
holding shall not affect the validity of the remaining portions thereof.
