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 expenditures necessary to provide such public facilities within the City of Prescott and its service areas 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 City of Prescott, 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 Chapter
510, Subdivision of Land, of this Code, and any other statutes or ordinances.
The following fees are impact fees established by the City pursuant
to § 66.0617, Wis. Stats.:
A. Public water impact fees pursuant to §
352-10 of this chapter.
B. Public streets impact fees pursuant to §
352-11 of this chapter.
C. Public park impact fees pursuant to §
352-12 of this chapter.
D. Public buildings impact fees pursuant to §
352-13 of this chapter.
The following City documents contain the needs assessments for the impact fees identified under §
352-3 above, demonstrate City compliance with the requirements of § 66.0617(3) and (4), Wis. Stats., and shall be kept on file and available for public inspection in the office of the City Clerk:
A. Impact Fee Needs Assessment prepared by Cedar Corporation; and
B. City of Prescott Comprehensive Master Plan, prepared by Citizens
of Prescott.
Revenues collected by the City as impact fees shall be placed
by the City Treasury in segregated interest-bearing accounts and shall
be accounted for separately from other funds of the City. Impact fee
revenues and interest earned on impact fee revenues may be expended
by the City only for the capital costs for which the impact fees were
imposed.
[Amended 8-9-2010 by Ord.
No. 12-10]
Maximum time to use impact fees collected from the time of fee
collection:
A. An impact
fee that was collected before January 1, 2003, must be used for that
purpose for which it was imposed not later than December 31, 2012.
Any such fee that is not used by that date shall be refunded to the
current owner of the property with respect to which the impact fee
was imposed, along with any interest that has accumulated.
B. An impact
fee that was collected after December 31, 2002, and before April 11,
2006, must be used for the purpose for which it was imposed not later
than the first day of the 120th month beginning after the date on
which the fee was collected. Any such fee that is not used by that
date shall be refunded to the current property owner with respect
to which the impact fee was imposed, along with any interest that
has accumulated.
C. With regard
to an impact fee that is collected after April 10, 2006, and that
is collected within seven years after the effective date of the ordinance,
such impact fee must be used for that purpose for which it was imposed
within 10 years after the effective date of the ordinance. Any such
fee that is not used by that date shall be refunded to the current
owner of the property with respect to which the impact fee was imposed,
along with any interest that has accumulated.
D. With regard
to an impact fee that is collected after April 10, 2006, and that
is collected more than seven years after the effective date of the
ordinance, such impact fees shall be used within a reasonable period
of time after they are collected to pay the capital costs for which
they were imposed, or they shall be refunded to the current owner
of the property with respect to which the impact fees were imposed,
along with any interest that has accumulated.
The Common Council may authorize by resolution the payment of
impact fees in installment payments. If installment payments are authorized,
interest shall be paid on the installment payments at the same rate
then charged by the City on installment payments for special assessments.
The Common Council 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 City.