[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:
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.
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.
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.
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.
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.
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.
A.
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.
B.
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.
A.
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.[1]
B.
Where there are multiple dwelling units on a lot or
parcel of land, the fees shall be imposed for each dwelling unit.
A.
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.
B.
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.
A.
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).
B.
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]
(1)
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.
(2)
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.
A.
The following situations shall be exempted from payment of the impact fee(s) outlined in § 330-9:
(1)
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.
(2)
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.
(3)
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.
B.
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.
