Village of Saukville, WI Impact Fees

This chapter is authorized under § 66.0617, Wis. Stats. The provisions of this chapter shall not be construed to limit the power of the Village to adopt such ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this chapter.

§ 118-3 Purpose.

The purpose of this chapter is to promote the public health, safety and general welfare of the community and to facilitate the adequate provision for law enforcement facilities, public works transportation facilities and libraries by imposing impact fees upon developers to pay for the capital costs that are necessary to accommodate land development.

§ 118-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CAPITAL COST

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 Village 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, the costs of equipment to construct, expand or improve public facilities or the costs for vehicles.

DEVELOPER

A person who constructs or creates a land development.

IMPACT FEES

Cash fees imposed upon 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 that results in nonresidential uses that create a need for new, expanded or improved public facilities within the Village.

§ 118-5 Imposition of impact fees.

[Amended 5-6-2008 by Ord. No. 677]

Impact fees are hereby imposed on all developments and land divisions within the Village of Saukville.

For all developments, impact fees shall be payable in full upon the issuance of a building permit.

§ 118-6 Law enforcement facilities impact fee.

Any developer creating a land division for development or constructing additional development within the Village shall pay a fee to the Village to provide for the capital costs necessary to accommodate the law enforcement needs of land development, except as provided in § 118-10 below.

The amount of the fee per unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 118-11 below, shall be as follows:

(1)

For single-family or two-family residential development, the fee shall be $673 per dwelling unit.

(2)

For multifamily residential development, the fee shall be $505 per dwelling unit.

(3)

For studio and one-bedroom apartments, the fee shall be $336 per dwelling unit.

(4)

For commercial development, the fee shall be $0.24 per square foot of building space.

(5)

For industrial development, the fee shall be $0.17 per square foot of building space.

Such fees collected by the Village shall be placed in a special fund which shall be separate from the general fund of the Village, and the special fund and all interest earned thereon shall be used exclusively for the particular capital costs for which the fee was imposed.

Such fees collected by June 20, 2014, but not used by June 20, 2017, shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated. Such fees collected after June 20, 2014, but not used within a period of 10 years after they are collected, shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated.

[Amended 6-24-2014 by Ord. No. 747]

§ 118-7 Public works transportation facilities impact fee.

Any developer creating a land division for development or constructing additional development within the Village shall pay a fee to the Village to provide for the capital costs necessary to accommodate the public works transportation needs of land development, except as provided in § 118-10 below.

The amount of the fee per unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 118-11 below, shall be as follows:

(1)

For single-family or two-family residential development, the fee shall be $74 per dwelling unit.

(2)

For multifamily residential development, the fee shall be $55 per dwelling unit.

(3)

For studio and one-bedroom apartments, the fee shall be $37 per dwelling unit.

(4)

For commercial development, the fee shall be $0.018 per square foot of building space.

(5)

For industrial development, the fee shall be $0.014 per square foot of building space.

[Amended 6-24-2014 by Ord. No. 747]

§ 118-8 Library facilities impact fee.

Any developer creating a land division for residential development or constructing additional residential dwelling units within the Village shall pay a fee to the Village to provide for the capital costs necessary to accommodate the library facilities' needs of land development, except as provided in § 118-10 below.

The amount of the fee per residential dwelling unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 118-11 below, shall be as follows:

(1)

For single-family or two-family residential development, the fee shall be $560 per dwelling unit.

(2)

For multifamily residential development, the fee shall be $420 per dwelling unit.

(3)

For studio and one-bedroom apartments, the fee shall be $280 per dwelling unit.

[Amended 6-24-2014 by Ord. No. 747]

§ 118-9 Fee reduction.

Any impact fee imposed under this chapter shall be reduced to compensate for capital costs otherwise imposed by the Village, upon the land development subject to this chapter, for the same public facilities for which an impact fee has been imposed under this chapter, including by way of special assessments, special charges, land dedications, or any ordinance adopted thereunder or any other items of value. Impact fees imposed under this chapter shall also 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 under this chapter are imposed.

§ 118-10 Exemption from fees.

The lawful new construction of a single-family dwelling structure upon a nondivisible parcel of land supporting or having supported a habitable single-family dwelling structure razed or to be razed within one year of the date of the issuance of a building permit for the new construction as part of the new construction project shall be exempt from the fees imposed under this chapter. Any new construction of a single-family dwelling structure upon a single parcel of land involving the demolition of a preexisting residential structure upon such single parcel of land, which project is similar to but not exactly as described above to be exempt, may be found to be exempt upon application to the Village Board and a finding by the Village Board that such project does not bear a rational relationship to the need for new, expanded or improved public facilities required to serve such development. Such application shall be made to the Village Board prior to the payment of any fees under this chapter.

§ 118-11 Administration and review.

All fees collected and special accounts maintained under this chapter shall be subject to administration by the Village Treasurer. The Treasurer shall report annually to the Village Board with regard to all deposits, withdrawals and fund balances in these accounts. The purpose of the annual report is to provide the Village Board with information necessary to determine that all funds collected are spent within the time required for the purpose intended and that the amount of fees imposed continues to represent an equitable and reasonable apportionment of the cost of public improvements and requirements generated by land development. Upon such considerations and for such purposes, the Village Board may make reasonable adjustments to the amount of such fees and determine whether there exists any reasonable need for refund of fees previously collected. The impact fees imposed under this chapter shall be increased annually at a rate equal to the percentage change in the Engineering News Record Construction Cost Index for the previous 12 months, with the adjustment effective January 1 of each year. The Village Treasurer or designee shall calculate the adjusted fees and maintain a copy of the calculation and the adjusted impact fees in the office of the Village Clerk. The revenue and expenditure totals for each impact fee must also be included in the Village's annual budget, and a summary of the revenue and expenditure totals for each impact fee must also be made available in the Village's annual budget summary required under § 65.90(3)(a), Wis. Stats.

§ 118-12 Appeals.

Any developer upon whom an impact fee is imposed under this chapter shall have the right to contest the amount, collection or use of the impact fee to the Village Board, provided that the developer files a written notice of appeal in the Village Clerk's office within 15 days of the developer's filing of an application for a building permit upon which the impact fee is imposed. Such notice of appeal shall be entitled "Notice of Appeal of Impact Fee" and shall state the developer's name, address, telephone number, 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. 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 developer 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.