§ 50-232. Impact fees.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Capital costs means 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 ten percent 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 ten percent of capital costs. The term "capital costs" does not include other noncapital costs to construct, expand or improve public facilities, vehicles; or the costs of equipment to construct, expand or improve public facilities.
Developer means a person that constructs or creates a land development, including land divisions and condominium developments.
Impact fees means cash contributions, contributions of land or interests in land, or any other items of value that are imposed on a developer by the village under this section.
Land development means 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.
Public facilities means all of the following: highways as defined by Wis. Stats. § 340.01(22) and other transportation facilities; traffic control devices, public sidewalks and pedestrian/recreational paths, facilities for collecting and treating sewage, facilities for collecting and treating storm and surface waters, facilities for pumping, storing and distributing water, parks, playgrounds and land for athletic fields, solid waste and recycling facilities, fire protection facilities, law enforcement facilities, emergency medical facilities and libraries. The term "public facilities" does not include facilities owned by a school district.
Service area means a geographic area delineated by the village within which there are public facilities.
Service standard means 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 village.
(b)
Imposed. Pursuant to Wis. Stats. § 66.0617, impact fees are hereby imposed on developers as follows:
(1)
Department of public works facilities. Fees for public facilities for the construction, expansion or improvement of such village facilities as streets and highways, traffic control devices, water distribution systems, stormwater management systems, sanitary sewerage systems, and solid waste and recycling facilities shall be as set by resolution of the village board.
(2)
Park facilities. Fees for public facilities for parks, playgrounds or land for athletic fields shall be as set by resolution of the village board.
(3)
Libraries. Fees for public facilities for libraries shall be as set by resolution of the village board.
(4)
Fire protection facilities. Fees for public fire protection facilities shall be as set by resolution of the village board.
(5)
Law enforcement facilities. Fees for public law enforcement facilities shall be as set by resolution of the village board.
(c)
On-site public facilities. Public facilities are those facilities needed to be constructed on the site of the land development including, but not limited to, sanitary sewage collection facilities, sidewalks or pedestrian/recreation paths, water facilities, stormwater and surface water facilities, streets, signage, traffic control signals/signs and lighting. The dollar value of such on-site public facilities will be determined for each land development on a case-by-case basis in the manner described in the public facilities needs assessment. The developer will be required to either provide or pay for the above on-site public facilities. It is the finding by the village that such on-site public facilities are not impact fees regulated by Wis. Stats. § 66.0617 nor do such public facilities constitute other capital costs for which a credit against or reduction of impact fees may be required.
(d)
Payment. Impact fees shall be paid by the developer or property owner to the village in full upon the issuance of a building permit by the village.
(e)
Requirements for revenues. Impact fees collected shall be placed in a segregated, interest-bearing account and shall be accounted separately from other funds of the village. Impact fees and interest earned thereon may be expended only for capital costs for which the impact fees were imposed.
(f)
Use/return. The village finance director/treasurer shall keep a record of the amount and date of each impact fee collected or expended by the village on a first-in, first-out basis. Impact fees, together with interest earned, which are not expended to pay capital costs for which they were imposed within the time periods described in this subsection shall be refunded to the current owner of the property to which the impact fees were imposed. The time periods for expenditure of impact fees are established as follows:
(1)
With regard to impact fees collected on or before December 31, 2001, not later than December 31, 2012.
(2)
With regard to impact fees collected on or after January 1, 2003, and before April 11, 2006, not later than the first day of the 120th month beginning after the date on which the fee was collected.
(3)
With regard to impact fees collected after April 10, 2006, but on or before May 6, 2015, not later than May 6, 2018 which is ten years after the effective date of the ordinance enacting impact fees. The ten year period may be extended three additional years in accordance with Wis. Stats. § 66.0617(9)(b).
(4)
With regard to impact fees collected after May 6, 2015, 20 years after the date on which the fee was collected.
(Ord. No. 802-13, § 1(Att.), 4-22-2013)