This chapter is enacted to establish the mechanism for the imposition of impact fees upon development to finance the capital cost of acquiring, establishing, upgrading, expanding, and constructing public facilities which 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 Village of Baldwin 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 Village of Baldwin, by adopting this chapter, is not intending to limits 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
620, Subdivision of Land, of this Code, and any other statutes or ordinances.
The following fees are impact fees established by the Village
pursuant to § 66.0617, Wis. Stats.:
A. Public water impact fee pursuant to §
598-10.
B. Public sewer impact fee pursuant to §
598-11.
C. Public street impact fee pursuant to §
598-12.
D. Public park impact fee pursuant to §
598-13.
E. Public buildings impact fee pursuant to §
598-14.
The following Village documents contain the needs assessment for the impact fees identified under §
598-3, demonstrate Village 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 Village Clerk-Treasurer:
A. "Impact Fee Needs Assessment" prepared by Short Elliot Hendrickson,
Inc.
B. "Capital Improvements Plan" prepared by Short Elliot Hendrickson,
Inc.
C. "Village of Baldwin Outdoor Recreation Plan" prepared by Cedar Corporation.
D. "Water Storage and Supply Analysis - Village of Baldwin" prepared
by Cedar Corporation.
E. "Impact Fees: Public Facilities Needs Assessment" prepared by Cedar
Corporation (updated June 2004).
Revenues collected by the Village as impact fees shall be placed
by the Village Clerk-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 capital costs for which the
impact fees were imposed.
[Amended 1-14-2009; 5-11-2016]
Unless otherwise expressly provided herein, all required impact
fees shall be paid in full upon the issuance of a building permit
by the Village of Baldwin. Impact fee payments shall be assumed to
be the responsibility of the owner of record at the time of application
for building permit or the owner of record at the time of request
for connection to the public water system, whichever is applicable.
A. If the provisions of this section are inconsistent with any terms
addressing imposition or payment of impact fees in any developer's
agreement executed prior to passage of this chapter, the terms of
any such developer's agreement(s) shall control.
B. Any impact fee imposed due to installation of a larger meter pursuant to §
598-10B shall be paid prior to installation of the larger meter.
C. The Village Board, upon written application, may waive, reduce, or
defer payment of the required impact fee for land developments by
or for nonprofit entities or charitable organizations. The Village
Board may require the submittal of any information it deems necessary
to verify the nonprofit or charitable status of the developer as part
of the application process. The Village Board, at its sole discretion,
may create additional conditions to any waiver, reduction or deferral
of impact fee payment(s) approved pursuant to this subsection.
The Village Board 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 Village on installment payments for special assessments.