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.
DEVELOPMENT
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
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.
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.
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.