[HISTORY: Adopted by the Town Board of the Town of Algoma
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 225.
[Adopted 4-18-2007 by Ord. No. 127]
This article is authorized under § 66.0617, Wis. Stats.
The provisions of this article shall not be construed to limit the
authority of the Town to finance public improvements by any other
means, 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 article.
The purpose of this article is to promote the public health,
safety, and general welfare of the community and to facilitate the
adequate provision of parks, playgrounds, and land for athletic facilities
by imposing impact fees upon developers or property owners to pay
for the capital costs of public facilities that are necessary to accommodate
land development.
As used in this article, the following terms shall have the
meanings indicated:
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 Town 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, vehicles;
or the costs of equipment to construct, expand or improve public facilities.
A person that constructs or creates land development.
A one-family housing unit, and each unit of a duplex, apartment
or condominium project.
The construction or modification of improvements to real
property that creates additional residential dwelling units that create
a need for new, expanded or improved public facilities within the
Town.
"Highways," as defined in § 340.01(22), Wis. Stats.,
and other transportation facilities, traffic control devices, 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
facilities, solid waste and recycling facilities, fire protection
facilities, law enforcement facilities, emergency medical facilities
and libraries. "Public facilities" does not include facilities owned
by a school district.
New public facilities or improvements, or expansions of existing
public facilities, as it relates to park and recreation, that are
required because of land development for which impact fees will be
imposed are those which are identified in the public facilities needs
assessment study prepared prior to the adoption of this article and
any amendments hereto. The public facilities needs assessment study
that forms the basis of any impact fees imposed by the Town by this
article shall be kept on file in the office of the Town Clerk at least
20 days prior to any public hearing to be held on the creation of
this article and any amendments. A Class 1 notice is required prior
to any public hearing. The park and recreation public facilities needs
assessment report shall remain on file in the office of the Town Clerk
for the entire period during which impact fees are collected.
Impact fees are hereby imposed on all developments and land
divisions within the Town of Algoma and shall be calculated pursuant
to this article. Impact fees shall be payable by the developer or
the property owner to the Town in full upon the issuance of a building
permit by the Town.
A.
Any developer or property owner constructing new residential housing
units within the Town shall pay an impact fee of $825 per housing
unit.
B.
Said fee collected by the Town shall be placed in a separate, segregated,
interest-bearing account and shall be accounted for separately from
other funds of the Town. The Town shall keep an account of all impact
fees paid by date, tax parcel number and amount. Impact fee revenues
and interest earned on impact fee revenues may be expended only for
the particular capital costs for which the impact fee was imposed.
C.
For such fees that are collected by the Town within seven years of
the effective date of this article, but are not used within 10 years,
such fee amount paid shall be refunded by the Town to the current
owner of the property with respect to which the impact fee was imposed,
along with any interest that has accumulated. Under extenuating circumstances,
the Town of Algoma may, and reserves the right to, extend this period
an additional three years with the adoption of a resolution. The resolution
shall specify the extenuating circumstances or hardship that led to
the need for extending the period.[1]
Any impact fee imposed under this article shall be reduced to
compensate for other capital costs imposed by the Town with respect
to land development to provide or pay for public facilities, including
special assessments, special charges, land dedications or fees in
lieu of land dedications under Ch. 236, Wis. Stats., or any other
items of value. Impact fees imposed under this article 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 fee was imposed.
All fees collected and special accounts maintained under this
article shall be subject to administration by the Town Treasurer.
The Treasurer shall report annually to the Town Board with regard
to all deposits, withdrawals and fund balances in these accounts.
The purpose of the annual report is to provide the Town 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 Town Board may determine where there exists any reasonable
need for refund of fees previously collected. The Town Board shall,
as part of its annual budget process, review the impact fee imposed
under this article.
Any developer or property owner upon whom an impact fee is imposed
under this article shall have the right to contest the amount, collection
or use of the impact fee to the Town Board, provided the developer
or property owner files a written notice of appeal in the Town Clerk's
office within 15 days of the building permit approval upon which the
impact fee is imposed. Such notice of appeal shall be titled "Notice
of Appeal of Impact Fee" and shall state the developer's or property
owner's name, address, and telephone number, and legal description
or tax parcel identification number of the land development upon which
the impact fee is imposed, and a statement of the nature of and reasons
for the appeal. The Town Clerk shall schedule the appeal for consideration
by the Town Board at a regular meeting as soon as reasonably practicable
under the circumstances, but within 45 days of receipt of written
notice of appeal, and shall notify the developer or property owner
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 Town Board
may adjust the amount, collection or use of the impact fee upon just
and reasonable cause shown.
The schedule of impact fees above is based upon the public facilities
needs assessment study done for the Town of Algoma dated April 12,
2007, and adopted by the Town Board by resolution dated April 18,
2006.
