[HISTORY: Adopted by the Village Board of the Village of Blue Mounds as Ch. 22 of the 2001 Village Code. Amendments noted where applicable.]
Sewers and sewage disposal — See Ch. 282.
This chapter is intended to fairly allocate financial burdens of providing public facilities between:
This chapter may be referred to as the "Impact Fee Ordinance."
The development fees that the Village of Blue Mounds considers to be impact fees shall be exclusively the following:
Wis. Stats., § 66.0617 does not prohibit or limit the authority of a political subdivision to finance public facilities by any other means permitted by law. Although the Village does not deem the following to be impact fees, the Village has conducted needs assessments and followed the substantive and procedural requirements of Wis. Stats., § 66.0617 with respect to the following fees.
The following Village documents contain the public facilities needs assessments for the impact fees listed above and other fees, as specified. The needs assessments document complies with the public notice and hearing requirements of Wis. Stats., § 66.0617(3).
Facilities Plan for Wastewater Treatment Plant Reconstruction in the Village of Blue Mounds, November 1994, prepared by Town & Country Engineering, Inc.
Report on Public Facility Needs Assessment for Wastewater Treatment Facility and Methodology and Calculations for Wastewater Connection Fee, August 1997.
All fees shall be paid to the Village prior to the issuance by the Village of a building permit or other required approval. Fees shall be paid by the developer, as "developer" is defined in Wis. Stats., § 66.0617(1)(b), or the developer's representative or successor in interest. Payments shall be made in full unless installment payments are provided for in the ordinance referenced in §§ 213-2 and 213-3 or, pursuant to Wis. Stats., § 66.0617(6)(g), the Appeal Board has authorized the payment of a particular fee that is otherwise payable at the time of issuance of a building permit or other required municipal approval in installment payments. The ordinance specified or the Appeal Board may require that interest be paid on installment payments at a rate comparable to the rate charged by the Village of Blue Mounds on installment payments of special assessments or modified to reflect then-current interest costs plus 1%.
Revenues collected as impact fees shall be placed by the Village of Blue Mounds Treasurer in segregated interest-bearing accounts and shall be accounted for separately from other funds of the Village of Blue Mounds. Impact fee revenues and interest earned on impact fee revenues may be expended by the Village of Blue Mounds only for the capital costs for which the impact fees were imposed and shall be expended on a first-in, first-out basis. Where the particular impact fee ordinance designated in § 213-2 provides for differential fees according to zones, separate accounts shall be kept of fees collected from different impact fee zones and revenues collected in particular zones shall be spent in those zones as appropriate.
The Village determines the following lengths of time appropriate for the planning, financing, acquisition and construction and/or equipment of the public facilities listed below:
Appeals may be brought by developers, as that term is defined in Wis. Stats., § 66.0617(1)(b), as provided herein:
It shall be a condition precedent to filing such an appeal that the impact fee appealed from shall be paid as and when the fee or any installments thereof become due and payable. Upon default in timely making any such payment, such appeal shall be dismissed.
The only questions that are appealable under this section are the following, pursuant to Wis. Stats., § 66.0617(10):
A challenge to the use of impact fees that are collected shall address solely the question of whether the fees are being used for the purposes for which they were collected within the allowable time established under this chapter. Appeals as to use of proceeds are not entitled to challenge the Village's public facility plans or needs assessments.
Appeals must be brought within 30 days of the date of payment of the impact fee by the appellant, or the appeal right shall be deemed waived.
For purposes of this chapter, the Village Board of the Village of Blue Mounds shall be the hearing and appeals board, and appeals and notices of appeal shall be filed with the Village Clerk/Treasurer.
An application fee to bring an appeal shall be paid at the time of the filing of the appeal in the amount of $200. The appeal fee is nonrefundable and failure to pay this amount within 30 days of the date of payment of the impact fee by the appellant shall cause the appeal to be dismissed.
Following the filing of appeal, the Village Clerk/Treasurer shall compile a record of the ordinance imposing the impact fee that is the subject of the appeal, a record of the management and expenditure of the proceeds of such fee and shall transmit same, with the appeal documents to the appeal board. In consultation with appropriate departments, the Village Clerk/Treasurer shall also compile a report on each appeal in which the appellant is seeking a reduction or total refund in the fee paid by the appellant. This report shall identify the fiscal impact on the Village of Blue Mounds if the request to the appellant is granted. If this fiscal impact report indicates that the granting of the appeal will cause a revenue shortfall that otherwise had not been expected with respect to the public facility, and if this revenue shortfall cannot be reconciled by reduction in impacts caused by development on the appellant's property, the report shall estimate whether it will be necessary for the Village to adjust impact fees to amendment of existing ordinances, to make up the revenue shortfall.
The appeals board shall hold a public hearing on the appeal proceeded by a Class 1 notice under Wis. Stats. Chapter 985, providing fair opportunity for the appellant to be heard. The burden shall be on the appellant to establish illegality or impropriety of the fee from which the appeal has been taken. Following the close of the public hearing, the appeal board shall deliberate upon the matter, conducting such studies and inquiries as it deems appropriate, and shall decide the appeal.
If the appeal board determines that the appeal has merit, the appeal board may determine the appropriate remedies. These may include redirection of the proceeds of the impact fee in question to accomplish the purposes for which the fee was collected, refunding in full or in part the impact fee that was collected along with interest collected by the Village thereon or granting the appellant the opportunity to make the impact fee payment in installment payments as described above or such other remedies as the appeal board deems appropriate to the cause.
Pursuant to Wis. Stats., § 66.0617(6)(g), the appeal board may authorize the payment of a fee that is otherwise payable at the time of issuance of a zoning permit or other required municipal approval as specified within the ordinance imposing the particular impact fee in installment payments. The appeal board may require that interest be paid on installment payments at a rate comparable to the rate charged by the Village of Blue Mounds on installment payments of special assessments modified to reflect then-current interest costs or interest cost estimates.