City of Waterloo, WI
Jefferson County
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Table of Contents
Table of Contents
A. 
The subdivider shall pay the City all fees and assessments as hereinafter required and at the times specified before being entitled to record a final plat or certified survey map. In planned developments, all fees and assessments must be paid prior to the issuance of any building permit.
B. 
Preliminary plat review fee. The subdivider shall pay a fee as stated in the City of Waterloo Fee Schedule to the Clerk-Treasurer at the time of first application for approval of any preliminary plats to assist in defraying the cost of review. A reapplication fee as stated in the City of Waterloo Fee Schedule shall be paid to the Clerk-Treasurer at the time of reapplication for approval of any preliminary plat which has been submitted and previously reviewed within six months from the date of first application.
[Amended 11-17-2005 by Ord. No. 2005-4]
C. 
[2]Inspection fee. The subdivider shall pay a fee equal to the actual cost to the City for such inspection as the City Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the City or any other governmental authority.
[2]
Editor's Note: Former Subsection C, Improvement review fee, was repealed 3-16-2006 by Ord. No. 2006-02, which ordinance also redesignated former Subsections D through J as Subsections C through I, respectively.
D. 
Final plat review fee. The subdivider or developer shall pay a fee as stated in the City of Waterloo Fee Schedule to the Clerk-Treasurer at the time of first application for approval of said plat to assist in defraying the cost of review. A reapplication fee as stated in the City of Waterloo Fee Schedule shall be paid to the Clerk-Treasurer at the time of reapplication for approval of any final plat which has previously been reviewed.
[Amended 11-17-2005 by Ord. No. 2005-4]
E. 
Public site fee. The subdivider or developer shall pay all public site fees required by this chapter in accordance with the provisions thereof.
[Amended by Ord. No. 98-2]
F. 
Engineering fees. The subdivider or developer shall pay a fee equal to the actual cost to the City for all engineering work incurred by the City in connection with the land division, minor land division or planned development. In addition:
(1) 
Engineering work shall include the preparation of construction plans and standard specifications. The City Engineer may permit the subdivider or developer to furnish all, some or part of the required construction plans and specifications. The fee for engineering work shall be billed periodically and shall be payable within 10 days.
(2) 
Inspection fees provided for in Subsection C above shall be paid.
G. 
Legal fees. The subdivider or developer shall pay a fee equal to the cost of any legal work which may be undertaken by the City in connection with the land division, minor land division or planned development. Legal work shall include all conferences regarding the subdivision or development and the drafting of contracts and agreements between the City and the subdivider. Legal fees shall be billed periodically and shall be payable within 10 days.
H. 
Minor subdivision fees.
(1) 
Certified survey map review fee. The subdivider shall pay a fee as stated in the City of Waterloo Fee Schedule at the time the certified survey map is submitted to assist in defraying the cost of review.
[Amended 11-17-2005 by Ord. No. 2005-4]
(2) 
Other fees. Prior to Council approval, the subdivider shall pay recording costs and any applicable fees as provided in Subsections E, F and G above.
I. 
Planned development fees.
(1) 
Plan review fee. The developer shall pay a fee as stated in the City of Waterloo Fee Schedule at the time the plan is submitted to assist in defraying the cost of review.
(2) 
Other fees. Prior to the issuance of any building permit, the developer shall pay any applicable fees as provided in Subsections C, E, F and G above.
[1]
Editor's Note: The Fee Schedule is on file at the office of the City Clerk-Treasurer.
A. 
General. Where, in the judgment of the Council, it would be inappropriate to apply literally the provisions of § 380-11 and Articles IV and V of this chapter because exceptional or undue hardship would result, the Council may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted unless the Council finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1) 
Exceptional circumstances. There are exceptional, extraordinary or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. Such hardship should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed.
(2) 
Preservation of property rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.
(3) 
Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
B. 
Monuments. The Council may waive the placing of monuments, required under § 236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable time on condition that the subdivider execute a surety bond or irrevocable letter of credit to insure the placing of such monuments within the required time limits established by the City.
Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal such objection or failure to approve as provided in § 236.13(5), Wis. Stats., within 30 days of notification of the rejection of the plat. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action.
[Added 3-16-2006 by Ord. No. 2006-02[1]; amended 3-5-2009 by Ord. No. 2009-03]
A. 
General.
[Amended 10-4-2018 by Ord. No. 2018-07]
(1) 
Impact fee administration. This § 385-50 is intended to allocate financial burdens of providing public facilities fairly between residents living in the City at the time of adoption of new land developments, as well as to comply with § 66.0617, Wis. Stats. The Common Council is adopting this section to provide an additional means to recover the cost of development beyond that already existing, to finance public facilities.
(2) 
Definitions. In this § 380-50, the following definitions shall be applicable:
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 related directly to the public improvement for which the impact fees were imposed actually exceed 10% of the capital costs.
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 issuance of a building permit.
IMPACT FEE
A fee to be collected at the time of issuance of a building permit.
LAND DEVELOPMENT
The construction or modification of improvements to real property that creates additional residential dwelling units within the City or its service areas or that results in nonresidential uses that create a need for new, expanded or improved public facilities within the City or its service areas.
PUBLIC FACILITIES
Defined in § 66.0617(1)(f), Wis. Stats., and shall mean the facilities described in the documents set forth in Subsection C below.
SERVICE AREA
A geographic area delineated by the City Council from time to time, within which the City provides public facilities.
(3) 
Exemption/reduction. The Common Council may, in its sole discretion, provide for an exemption from, or a reduction in the amount of, impact fees on land development that provides low-cost housing as provided for in § 66.0617(7), Wis. Stats.
(4) 
Credits. The Common Council may grant credits to reduce impact fees in the circumstances described in § 66.0617(6)(d) and (e), Wis. Stats., upon such terms and conditions as the Common Council may determine.
B. 
Impact fees established.
[Amended 10-4-2018 by Ord. No. 2018-07]
(1) 
The following fees are impact fees established by the City pursuant to § 66.0617, Wis. Stats.:
(a) 
Public parks and recreation impact fees.
(b) 
Public works impact fees.
(c) 
Sanitary sewer system impact fees.
(d) 
Stormwater system impact fees.
(2) 
Amount.
(a) 
Effective March 5, 2009, the impact fees are hereby established per single REU in the following amounts:
Impact Fee
Rate Per REU
Parks and recreation impact fee
$326
Public works impact fee
$471
Sanitary sewer system impact fee
$761
Stormwater impact fee
$215
Total impact fee per REU
$1,773
(b) 
For purposes of this section, "REU" means a "residential equivalent unit"; and consists of a single-family dwelling unit. REUs shall be determined for properties/structures that are not single-family dwelling units in the following manner: For such property/structure, one REU shall be assigned for each 5,000 square feet (gross) of area, or any portion thereof.
(3) 
Effective January 1, 2010, and on each January 1 thereafter, impact fees shall be adjusted to reflect increases or decreases, if any, in the cost of living. The adjusted impact fees shall be in the amount of the impact fees for the prior calendar year, plus an amount equal to the percentage change in the Consumer Price Index — Urban — Milwaukee (the "Index") occurring during the calendar year preceding the year in question, multiplied by the impact fees in effect during such prior year. In the event the Index is no longer published, the Common Council shall substitute an alternative index that reasonably recognizes cost-of-living increases and decreases.
(4) 
Impact fees shall be determined for the calendar year within which a building permit is issued pursuant to Subsection G below.
C. 
Basis for impact fees. The following documents contain the public facilities needs assessments for the impact fees identified in Subsection B above and demonstrate City compliance with the requirements of § 66.0617(3), Wis. Stats.:
[Amended 10-4-2018 by Ord. No. 2018-07]
(1) 
Public Facilities Needs Assessment, dated December 29, 2005, prepared by Schreiber/Anderson Associates, Inc.; and
(2) 
Public Facilities Needs Assessment, dated November 2008, prepared by Schreiber/Anderson Associates, Inc.
D. 
Disposition of impact fee revenue.
[Amended 10-4-2018 by Ord. No. 2018-07]
(1) 
Revenues collected by the City as impact fees shall be placed by the City Clerk in segregated interest-bearing accounts, and shall be accounted for separately from other funds of the City. Impact fee revenues and interest earned on impact fee revenues may be expended by the City only for the capital costs for which the impact fees were imposed, and shall be expended on a first-in-first-out basis.
(2) 
In the event that the City should ever establish separate impact fee zones with different fees depending upon the zone in which property is located, separate accounts shall be kept of fees collected from different impact fee zones, where the particular impact fee ordinance provides for differential fees according to zones, and revenues collected in particular zones shall be spent in those zones as appropriate.
E. 
Expenditure of impact fee revenue.
[Amended 10-4-2018 by Ord. No. 2018-07]
(1) 
The City determines the following lengths of time are appropriate for the planning, financing, acquisition and construction of the public facilities listed below:
Type of Facility
Maximum Time to Use Impact Fees Collected From the Time of Fee Collection
Public parks and recreation facilities
7
Public works facilities
7
Sanitary sewer system facilities
7
Stormwater facilities
7
(2) 
Fees held by the City under Subsection D above, and not expended or encumbered within the time period specified herein, shall be refunded to the then-current owner of record of the property at the time of the refund and with respect to which the impact fees were imposed, together with the interest earned by the City on the impact fee so paid.
(3) 
Notwithstanding the provisions of Subsection E(1) above, the seven-year period described therein may be extended for three additional years if the Common Council adopts a resolution stating that, due to extenuating circumstances or hardships in meeting the seven-year limit, it needs an additional three years to use the impact fees that were collected. The resolution shall specify the extenuating circumstances or hardship that led to the need to adopt such a resolution.
F. 
Use of impact fees. Funds collected from impact fees shall be used solely for the purpose of paying the proportionate cost of providing public facilities that may 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 City for advances of other funds or reserves, and such other purposes consistent with § 66.0617, Wis. Stats., which are recorded and approved by the Common Council.
G. 
Payment of impact fees. All required impact fees, unless expressly exempted in a section of this Municipal Code, shall be paid in full prior to issuance of a building permit. Impact fee payments shall be assumed to be the responsibility of the developer at the time a building permit is issued.
H. 
Appeals. A "developer," as defined in § 66.0617(1)(b), Wis. Stats., may appeal or contest the amount, collection or use of the impact fee in the manner provided herein.
(1) 
It shall be a condition precedent to the commencement of such an appeal that the impact fees from which the developer appeals shall be paid as and when the fees become due and payable, and upon default in making any such payments, such appeal may be dismissed.
(2) 
The only questions appealable under this subsection are the following, as authorized by § 66.0617(10), Wis. Stats.:
(a) 
The amount of fee charged and paid by the developer.
(b) 
The method of collection of the impact fee.
(c) 
The use to which the particular fee paid by the developer is made by the municipality.
(3) 
Appeals must be brought within 30 days of the date of payment of the impact fees.
(4) 
The appellant shall pay a filing fee of $250 at the time of filing of the appeal. The notice of appeal shall be filed with the City Clerk.
(5) 
Following the filing of the notice of appeal, the City Clerk shall compile a record of the ordinance imposing the impact fees that are the subject of the appeal, a record of the management and expenditure of the proceeds of the impact fees, and shall transmit these documents to the Common Council. In consultation with the City departments, the City Clerk shall also compile a report on each appeal in which the appellant is seeking a reduction or total refund in the impact fees paid. This report shall specify the fiscal impact on the City of Waterloo if the appeal overturns the impact fees. If the fiscal impact report indicates that the appeal, if successful, will cause a revenue shortfall that otherwise was not budgeted with respect to the public facility, and if this revenue shortfall cannot be reconciled by reduction in impacts caused by development on the appellant's property, the report shall estimate whether it will be necessary for the City to adjust impact fees, or amend existing ordinances to recover the proposed revenue shortfall.
(6) 
The Common Council 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 illegality or impropriety of the fees from which the appeal has been taken. Following the close of the public hearing, the Common Council shall deliberate upon the matter, and shall conduct such studies and inquiries as it deems appropriate to decide the appeal.
(7) 
If the Common Council determines that the appeal has merit, it shall determine appropriate remedies. These may include reallocation of the proceeds of the challenged impact fees to accomplish the purposes for which the fee was collected, refunding the impact fees in full or in part, along with interest collected by the City thereon, or granting the appellant the opportunity to make the impact fees payment in installments, or such other remedies as it deems appropriate in a particular case.
[1]
Editor's Note: With the addition of this § 380-50, former §§ 380-50 and 380-51 were renumbered as §§ 380-51 and 380-52, respectively.
It shall be unlawful to build upon, divide, convey, record or place monuments on any land in violation of this chapter or the Wisconsin Statutes, and no person shall be issued a building permit by the City authorizing the building on, or improvement of, any subdivision, minor land division or replat within the jurisdiction of this chapter not of record as of the effective date of this chapter until the provisions and requirements of this chapter have been fully met. The City may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.
A. 
Penalty. Any person who violates or fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $500 plus the costs of prosecution for each offense, and the penalty for default of payment of such forfeiture and costs shall be imprisonment in the county jail until payment thereof, but not exceeding six months. Each day a violation exists or continues shall constitute a separate offense. Violations and concommitant penalties shall include the following:
(1) 
Recordation improperly made carries penalties as provided in § 236.30, Wis. Stats.
(2) 
Conveyance of lots in unrecorded plats carries penalties as provided for in § 236.31, Wis. Stats.
(3) 
Monuments disturbed or not placed carries penalties as provided for in § 236.32, Wis. Stats.
B. 
Remedy. An assessor's plat made under § 70.27, Wis. Stats., may be ordered as a remedy by the City at the expense of the subdivider when a subdivision, as defined herein, is created by successive divisions.