This chapter is enacted to establish the mechanism for the imposition
of impact fees upon development to finance the capital costs of acquiring,
establishing, upgrading, expanding, and constructing public facilities that
are necessary to accommodate such development. This chapter is intended to
assure that development bears an appropriate share of the cost of capital
costs necessary to provide such public facilities within the Village of Osceola
as are required to serve the needs arising out of development, as well as
to comply with § 66.0617, Wis. Stats. As provided in § 66.0617(2)(b),
Wis. Stats., the Village of Osceola, by adopting this chapter, is not intending
to limit its authority to finance public facilities by any other means authorized
by law, including, without limitation, the means authorized by § 236.13(2)
and (2m), Wis. Stats., and other applicable statutes or ordinances.
The following fees are impact fees established by the Village pursuant
to § 66.0617, Wis. Stats.:
A. Public water and sewer impact fees pursuant to §
134-10 of this chapter.
B. Public parks and recreation impact fees pursuant to §
134-11 of this chapter.
C. Public municipal buildings impact fees pursuant to §
134-12 of this chapter.
The Village has prepared an impact fee needs assessment for the impact fees identified under §
134-3 above, in compliance with the requirements of § 66.0617(4), Wis. Stats. This document shall be kept on file and available for public inspection in the office of the Village Clerk.
Revenues collected by the Village as impact fees shall be placed by
the Village Treasurer in segregated interest-bearing accounts, and shall be
accounted for separately from other funds of the Village. Impact fee revenues
and interest earned on impact fee revenues may be expended by the Village
only for the types of capital costs, as identified herein, for which the impact
fees were imposed.
The Village Board may authorize by resolution, either as a general policy
or with respect to one or more of the identified public facilities or with
respect to specific projects, the payment of impact fees in installments.
If installment payments are authorized, interest shall be paid on the installment
payments at the same rate then charged by the Village on installment payments
for special assessments.
The Village Board may, at its sole discretion, agree to lessen the amount
of the impact fee imposed on a specific development to accommodate the construction
of state- or federal-funded low- or moderate-income housing within the Village.
The fees established by this chapter shall be subject to modification
by the Village Board, acting in accord with § 66.0617, Wis. Stats.,
at any time subsequent to the initial adoption of this chapter.
If any section, phrase, sentence, or portion of this chapter is for
any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion(s) shall be deemed separate, distinct, and independent provisions.
Any such holding shall not affect the validity of the remaining portions of
this chapter.