[HISTORY: Adopted by the Town Board of the Town of Grand Chute 9-4-2007 (Ch. 30 of the 1997 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Town of Grand Chute Impact Fee Ordinance."
Pursuant to the authority of § 66.0617, Wis. Stats., the local impact fees enabling legislation, the purpose of this chapter is to establish the mechanism for the imposition of impact fees upon new development to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public facilities which are necessary to accommodate land development. This chapter is intended to assure that new development bears an appropriate share of the cost of capital expenditures necessary to provide public facilities within the Town of Grand Chute and its service areas, as they are required to serve the needs arising out of the land development.
As used in this chapter, the following terms shall have the meanings indicated:
- CAPITAL COSTS
- 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 which relate directly to the public improvement for which the impact fees were imposed actually exceed 10% of 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 the issuance of a building permit.
- IMPACT FEES
- Cash contributions, contributions of land or interests in land or any other items of value that are imposed on a developer by the Town under this chapter.
- LAND DEVELOPMENT
- The construction or modification of improvements to real property that creates additional residential dwelling units within the Town or its service areas or that results in nonresidential uses that create a need for new, expanded or improved public facilities within the Town or its service areas.
- PUBLIC FACILITIES
- 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 stormwater and surface water, facilities for pumping, storing and distributing water, parks, playgrounds and other recreation 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.
- SERVICE AREA
- A geographic area delineated by the Town Board within which the Town provides public facilities, and for the purpose of this chapter includes the entire Town of Grand Chute.
- SERVICE STANDARD
- 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 Town Board.
- Town of Grand Chute.
New public facilities, or improvements or expansions of existing public facilities, that are required because of land development for which impact fees will be imposed are those which are identified in this chapter and in facilities needs assessment reports prepared prior to the adoption of this chapter and in conjunction with any amendments hereto. All facilities needs reports that form the basis of any impact fee imposed by the Town 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 chapter and any amendments. A Class 1 notice is required prior to any required hearing. All facilities needs assessment reports shall remain on file in the office of the Town Clerk for the entire period during which impact fees arising out of a specific report and this chapter are collected prior to expenditure, and such report shall, after expenditure of all impact fees, be maintained as a public record for such time period as required by law.
Revenues from impact fees shall be placed in one or more segregated, interest-bearing accounts and shall be accounted for separately from other Town general and utility funds Impact fee revenues and interest earned thereon may be expended only for capital costs for which the impact fees were imposed.
Impact fees that are collected but not used shall be refunded in accordance with § 66.0617(9), Wis. Stats.
Funds collected from impact fees shall be used solely for the purpose of paying the proportionate costs of providing public facilities that 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.
Impact fees shall be payable by the developer or the property owner to the Town Treasurer in full upon the issuance of a building permit. If any development affected by an impact fee imposed under this chapter is under construction or has received a building permit at the time this chapter takes effect, all required impact fees shall be paid to the Town Treasurer in full upon the issuance of a certificate of occupancy. Impact fees shall be presumed to be payable by the owner of record at the time the building permit or certificate of occupancy is requested.
Where there are multiple dwelling units on a lot or parcel of land, the fees shall be imposed for each dwelling unit.
Any developer or property owner upon whom an impact fee is imposed by this chapter shall have the right to contest the amount, collection or use of the impact fee to the Town Board. Such appeals shall be filed in writing with the Town Administrator within 30 days of receipt of request from the Town for payment of the impact fee.
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 and shall notify the applicant 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 Town Board shall decide all appeals within 30 days after the hearing and shall transmit a copy of its written decision to the appellant.
Fire impact fees. The basis for the imposition of the fire impact fees is the facilities needs assessment titled "Report on Fire Impact Fees and Public Facilities Needs Assessment" prepared by the Town on July 17, 2006, which is on file in the office of the Town Clerk of the Town of Grand Chute. These impact fees shall be collected until the capital costs associated with the projects specified in the Report on Fire Impact Fees and Public Facilities Needs Assessment have been incurred and satisfied ("satisfied" includes the full repayment of any debt of the Town related to the projects).
Water system impact fees. The basis for the imposition of the water system impact fees is the facilities needs assessment titled "Water System Needs Assessment" prepared by the Town on November 7, 2008, which is on file in the office of the Town Clerk of the Town of Grand Chute. These impact fees shall be collected until the capital costs associated with the projects specified in the Water System Needs Assessment have been incurred and satisfied ("satisfied" includes the full repayment of any debt of the Town related to the projects).
[Added 1-20-2009 by Ord. No. 2009-01]
Amount of impact fees. Impact fees imposed under this Subsection B shall be determined based on the size of each water meter to be installed to serve the development. In the event that an existing water meter is to be replaced with a higher capacity meter, the impact fee shall be limited to the amount by which the fee that would be imposed on a new connection with the higher capacity meter exceeds the charge that would apply to the replaced meter.
Single-family residential structures less than 1,500 square feet of living space that request a water meter larger than 3/4 inch shall be required to pay the difference between the three-fourths-inch meter fee and the requested size meter fee.
The following situations shall be exempted from payment of the impact fee(s) outlined in § 330-9:
When a lot or parcel for which payment has been made is further divided, payment shall be required only for the additional lot(s) or parcel(s) created.
No payment shall be required on any lot that supports a residential structure existing prior to the approval of the final plat or certified survey map.
No payment shall be required for the construction of a single-family residential structure of a size of less than 1,500 square feet of living area.
Any claim of exemption must be made prior to the payment of any fees under this chapter.
The Town Board may, in its discretion, accept lands dedicated for public purposes in lieu of the impact fees assessed pursuant to this chapter; provided, however, that in no event shall the fair market value of the land or lands accepted by the Town be less than the amount of the assessment which would otherwise be levied in accordance with the provisions of this chapter.
The fees imposed pursuant to this chapter shall be listed on the Impact Fees Schedule and approved by the Town Board on an annual basis as a part of the fiscal year annual fee list. The amount of the impact fees imposed shall be adjusted annually based upon the Construction Cost Index (CCI) as reported by the Engineering News Record (ENR) effective January 1 of each year by a percentage equal to the annual percent change as listed for the end of October of the previous year.