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.
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.
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]
[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.
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)
CAPITAL COSTS
DEVELOPMENT
IMPACT FEE
LAND DEVELOPMENT
PUBLIC FACILITIES
SERVICE AREA
Definitions. In this § 380-50, the following definitions shall be applicable:
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.
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.
A fee to be collected at the time of issuance of a building
permit.
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.
Defined in § 66.0617(1)(f), Wis. Stats., and shall mean the facilities described in the documents set forth in Subsection C below.
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]
(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.
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]
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.:
(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.
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:
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.
