City of New Berlin, WI
Waukesha County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as 14.01 through 14.025 and 14.90 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 83.
Electrical standards — See Ch. 106.
Erosion control — See Ch. 110.
Fire prevention — See Ch. 124.
Historic preservation — See Ch. 141.
Plumbing standards — See Ch. 193.
Stormwater runoff — See Ch. 226.
Subdivision of land — See Ch. 235.
Water and sewers — See Ch. 267.
Zoning — See Ch. 275.

§ 80-1 Wisconsin Uniform Building Code adopted; exceptions.

A. 
Adopted. The Wisconsin Uniform Building Code prepared by the Building Inspectors Association of Southeastern Wisconsin in January 1967, together with all subsequent revisions, amendments and supplements, is hereby adopted and incorporated into this chapter by reference. A copy of such Wisconsin Uniform Building Code, together with all revisions, amendments and supplements thereto, shall be on file and open to public inspection in the office of the City Clerk.
B. 
Specific exception. The following provisions of the Wisconsin Uniform Building Code are specifically excepted and not included as part of this chapter: §§ 30.05(1)(g) and 30.33(6)(i).
C. 
Recreation room exceptions.
(1) 
The following provisions of the Wisconsin Uniform Building Code are excepted: For houses constructed prior to June 1, 1980, all basement rooms shall have a ceiling height of at least six feet four inches from finished floor to the finished ceiling. Ceilings less than seven feet in height shall have recessed lighting and no paddle ceiling fans. All basement sleeping rooms shall comply with the requirements of the Wisconsin Uniform Dwelling Code.
(2) 
Beams and girders or other projections shall not project more than an additional four inches below the six feet four inches of ceiling height in the homes mentioned above.
(3) 
Every stair shall be provided with a minimum headroom clearance of six feet zero inches measured vertically from a line parallel to the nosing of the treads to the ceiling or soffit directly above that line.
(4) 
Treads shall be at least eight inches wide, measured horizontally from nosing to nosing.

§ 80-2 State Administrative Code provisions adopted.

A. 
The following chapters of the Wisconsin Administrative Code establishing a One- and Two-Family Dwelling Code, and all amendments thereto, are adopted and incorporated in this chapter by reference:
[Amended 6-19-2001 by Ord. No. 2142]
Chapter
Effective Date
COMM 20
Administration and Enforcement
6-1-1980
COMM 21
Construction Standards
6-1-1980
COMM 22
Energy Conservation
12-1-1980
COMM 23
Heating, Ventilating and Air Conditioning Standards
6-1-1980
COMM 24
Electrical Standards
6-1-1980
COMM 25
Plumbing
6-1-1980
B. 
The Chief Building Inspector and his representatives, as certified by the Department of Commerce, are empowered to administer and enforce all of the provisions of this subchapter.

§ 80-3 Impact fees.

A. 
Findings.
(1) 
The city must expand its highways, facilities for collecting and treating sewerage, facilities for collecting and treating storm and surface waters, facilities for pumping, storing and distributing water, parks, playgrounds, and other recreational facilities in order to maintain current levels of service if new development is to be accommodated without decreasing current levels of service. This must be done in order to promote and protect the public health, safety and welfare.
(2) 
The imposition of impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare.
(3) 
Each of the types of land development described in this section will create a need to expend capital costs for the construction, equipping, or expansion of the capital facilities.
(4) 
The fees established by this section are derived from, are based upon, and do not exceed the costs of providing additional facilities and equipment necessitated by the new land developments for which the fees are charged.
(5) 
The report entitled "City of New Berlin, Comprehensive Impact Fee Study Addendum A," dated March 1995 and as updated now and from time to time, sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need and costs for additional public capital facilities in the city.
(6) 
Impact fees collected within the City of New Berlin shall be collected in accordance with the standards set forth at § 66.0617(6), Wis. Stats.
(7) 
The city has the authority to adopt this section, and in other ways levy impact fees or other charges, pursuant to Wisconsin State Statutes, including but not limited to Chs. 62, 66 and 236 thereof.
B. 
Intent and purpose.
(1) 
This section is intended to assist in the implementation of the City of New Berlin Master Plan.
(2) 
The purpose of this section is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide needed improvements in the city.
C. 
Definitions. It is intended that all words and definitions used in this section be consistent with those found at § 66.0617, Wis. Stats.
CAPITAL EQUIPMENT
Equipment with an expected used life of three years or more.
CAPITAL IMPROVEMENT or CAPITAL COSTS
The capital costs to construct, expand, or improve public facilities, including the cost of land but excludes maintenance and operation. Facilities include highways, facilities for collecting and treating sewerage, facilities for collecting and treating storm and surface waters, facilities for pumping, storing, and distributing water, parks, playgrounds, and other recreational facilities. Capital improvement does not include facilities owned by a school district.
CITY OF NEW BERLIN MASTER PLAN
A long-range Master Plan which includes the following component plans: Land Use Plan; Environmental Plan; Park, Recreation and Open Space Plan; Transportation Plan, and the adopted 208 Plan and amendments thereto.
DEVELOPMENT
The construction or modification of improvements to real property that create additional residential dwelling units or result in nonresidential uses that create a need for new expanded or improved facilities which require the issuance of a building permit or other permit for connection to municipal water or sewer systems.
FEE PAYER
A person applying for the issuance of a building permit.
HOUSING FOR THE ELDERLY
Housing which is restricted to residents aged 62 and above.
INDEPENDENT FEE CALCULATION STUDY
The demographic and/or public facilities documentation prepared by a fee payer to allow the determination of the impact fee other than by the use of the table in Subsection E(1) of this section.
D. 
Imposition of the impact fee.
(1) 
Any person who, after the effective date of this section, seeks to develop land within the city, by applying for a building permit or an extension of a building permit issued prior to the effective date of this section or applies for a permit for the connection to municipal sewer or water, is hereby required to pay an impact fee in the manner and amount set forth in this section.
(2) 
No new building permit or permit for the connection to municipal sewer or water shall be issued unless and until the impact fee(s) hereby required has been determined and paid.
(a) 
If the type of development activity that a building permit is applied for is not specified in this section, the Director of Planning or his/her designee shall use the fee applicable to the most nearly comparable type of land use specified in this section. The Director of Planning shall be guided in the selection of a comparable type by the Master Plan, supporting documents of the Master Plan, and the City Zoning Code. If the Director of Planning determines that there is no comparable type of land use specified in this section, then the city's Committee of the Whole shall determine the appropriate fee by considering demographic or other documentation which is available from state, local and regional authorities.
(b) 
In case of change of use, redevelopment, or expansion or modification of an existing use which requires the issuance of a building permit or an increase in meter size, the impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use. The Director of Planning shall be guided in this determination by the sources listed above.
E. 
Computation of amount of impact fee.
(1) 
The amount of the impact fee shall be determined in accordance with the City Comprehensive Impact Fee Study Addendum A prepared by the City Planning and Engineering Departments, dated March 1995 and as updated now and hereafter, in accordance with Chapter 267, Water and Sewers, §§ 267-6 and 267-7, of this Code.
(2) 
If a fee payer wishes to contest the amount, collection, or use of the impact fee, then the fee payer shall appeal to the Committee of the Whole. If the fee payer contests the amount of the fee, the fee payer shall prepare and submit to the Committee of the Whole an independent fee calculation study for the land development activity which gives rise to the impact fee. Such documentation submitted shall show the basis upon which the independent fee calculation shall be made. The Committee of the Whole shall consider the documentation submitted by the fee payer but is not required to accept such documentation as the Committee of the Whole shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the fee payer to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the fee payer shall pay impact fees based upon the schedule shown in this section. If the Committee of the Whole determines that an acceptable independent fee calculation study is presented, the Committee of the Whole may adjust the fee to that appropriate to the particular development; otherwise, the fee shall be computed in accordance with the fee schedule at Subsection E(1). If for any reason the Committee of the Whole determines that the impact fee is, in whole or in part, improperly calculated, collected, or used, the fee payer shall pay impact fees to the extent the Committee of the Whole deems such impact fee to be appropriate.
[Amended 6-19-2001 by Ord. No. 2142]
(3) 
At least once each fiscal period the Director of Finance and Administration shall present to the Common Council a proposed capital improvement program for assigning funds, including any accrued interest, from the impact fee trust accounts to specific improvement projects and related expenses. Moneys, including any accrued interest, not assigned in any fiscal period shall be retained in the same impact fee trust accounts until the next fiscal period except as provided by the refund provision of this section.
[Amended 7-23-2002 by Ord. No. 2180]
(4) 
Funds may be used to provide refunds as described in this section.
F. 
Use of funds.
(1) 
Funds collected from impact fees shall be used solely for the purpose of acquiring equipment and/or making capital improvements to various facilities as identified in this section, related sections of this Code, and the various studies referred to herein. Such funds shall not be used for maintenance or operations.
(2) 
In the event that bonds or similar debt instruments are issued for advance provision of capital facilities for which facilities impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are the type described above.
G. 
Refunds.
(1) 
If a building permit expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest. The fee payer shall submit an application for such a refund to the Director of Planning within 30 days of the expiration of the permit. The application shall include such supporting documentation as the city may reasonably require.
(2) 
Impact fees must be expended within the time schedule as set forth within § 66.0617(9), Wis. Stats., as amended, except that upon the adoption of a resolution by the Common Council in accordance with § 66.0617(9)(b), Wis. Stats., which resolution sets forth extenuating circumstances or hardship, the deadline for expending the impact fees may be extended an additional three years. Fees not expended within the deadline set forth hereunder shall be refunded to the current owner of the property with respect to which the impact fee was originally imposed, together with any interest that has accumulated on said funds.
[Amended 11-19-2009 by Ord. No. 2419]
H. 
Exemptions and credits.
(1) 
Exemptions.
(a) 
The following shall be exempted from payment of the impact fee:
[1] 
Alterations or expansion of an existing residential building where no additional residential units are created, or where the use is not changed.
[2] 
The construction of accessory buildings or structures.
[3] 
The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use.
(b) 
Any claim of exemption must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.
(c) 
An exemption from, or a reduction in the amount of, the impact fee may be permitted by the Common Council on development that provides low-cost housing.
(2) 
Credits.
(a) 
Credits equaling the net present value of any past or future property tax payments the fee payer has paid or will pay toward capital facilities and equipment to be funded by impact fees shall be given as set forth in the impact fee schedule detailed in the report entitled "City of New Berlin, Comprehensive Impact Fee Study Addendum A," dated March 1995 and as updated hereafter.
(b) 
All parcels created by certified survey map or subdivision plat which have paid public sites and open space fees prior to the initial adoption of this section shall be provided a credit of $300.
(c) 
Other capital costs, if any, imposed with respect to land development to provide or pay for public facilities, including special assessments, special charges, or any other items of value.
I. 
Review. The fee schedule contained in this section shall be reviewed by the Common Council at least once each fiscal year and modified, if necessary, as a result of:
(1) 
Changes in credit calculation;
(2) 
Changing facility needs;
(3) 
Inflation;
(4) 
Revised cost estimates for capital improvements;
(5) 
Changes in the availability of other funding sources applicable to public facility projects; and
(6) 
Such other factors as may be relevant.

§ 80-4 Violations and penalties.

Except as otherwise provided, any person who shall violate any provision of this chapter, or any rule, regulation or order made hereunder, upon conviction of same shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.