Village of Bellevue, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Bellevue Board 2-8-2006 (Ch. 17 of the 1998 Code); amended 3-22-2006; 11-15-2006; 11-28-2007; 4-27-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 410.
This chapter is authorized under § 66.0617, Wis. Stats. The provisions of this chapter shall not be construed to limit the power of the Village to adopt such ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this chapter.
The purpose of this chapter is to promote the public health, safety and general welfare of the community and to facilitate the adequate provision of parks, playgrounds and land for athletic fields, water supply and storage facilities, fire protection and law enforcement facilities by imposing impact fees upon developers to pay for the capital costs of public facilities that are necessary to accommodate land development.
As used in this section, the following terms shall have the meanings indicated:
CAPITAL COST
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 the Village can demonstrate that its legal, engineering and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand or improve public facilities, the costs of equipment to construct, expand or improve public facilities or vehicles.
DEVELOPER
A person that constructs or creates a land development.
IMPACT FEES
Cash fees or contributions of land imposed upon a developer under this chapter.
LAND DEVELOPMENT
The construction or modification of improvements to real property that creates additional residential dwelling units within the Village or that results in nonresidential uses that create a need for new, expanded or improved public facilities within the Village.
RESIDENTIAL EQUIVALENT CONNECTION (REC)
A unit of measure for water-related impact fees equivalent to the average amount of water capacity needed to supply one single-family residential dwelling unit. For the purpose of the water supply impact fees established under this chapter, a REC shall be equal to 67,890 gallons annually.
A. 
Impact fees are hereby imposed on all developments and land divisions within the Village of Bellevue and shall be calculated pursuant to this chapter.
B. 
For residential and nonresidential development, impact fees shall be due in full upon the issuance of a building permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
The effective date of a building permit is the date on which all impact fees imposed under this chapter are paid in full.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Any developer creating or constructing additional residential dwelling units within the Village shall pay a fee to the Village to provide for the capital costs necessary to accommodate the park and recreational needs of land development, except as provided in § 270-10 below.
B. 
The amount of the fee per residential dwelling unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 270-11 below, shall be as follows:
(1) 
For single-family or two-family residential development, the fee shall be $698 per dwelling unit.
(2) 
For multifamily residential development units of two bedrooms or more, the fee shall be $524 per dwelling unit.
(3) 
For multifamily residential development units of one bedroom or less, the fee shall be $345 per dwelling unit.
C. 
Such fees collected by the Village shall be placed in a special fund which shall be separate from the general fund of the Village, and the special fund and all interest earned thereon shall be used exclusively for the particular capital costs for which the fee was imposed.
D. 
Such fees shall be expended by the Village for the aforesaid purpose within seven years of the date of payment, or such fee amount paid along with any interest that has accumulated shall be refunded by the Village to the current owner(s) of the property with respect to which such fee was imposed.
E. 
If the Village and the developer agree upon the dedication of land in lieu of all or a portion of the impact fees imposed in this section, the impact fees owed on the land development shall be reduced by an amount equal to the value of land being dedicated to the Village. The value of the land to be dedicated shall be determined by the Village's Assessor on the basis of full and fair market value of the land to be dedicated. If the developer is not satisfied with the appraisal, he may appeal the determination, in which case the appraisal board, consisting of one appraiser selected by the Village at its own expense, one appraiser selected by the developer at his own expense, and a third selected by the two appraisers at the Village expense, shall determine the value.
A. 
Any developer creating or constructing development within the Village shall pay a fee to the Village to provide for the capital costs of water supply and storage facilities that are necessary to accommodate land development, except as provided in § 270-10 below.
B. 
The amount of the fee per unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 270-11 below, shall be as follows:
(1) 
The water supply and storage facilities impact fee shall be $191 per REC.
(2) 
For all residential users of the water system, the following table shall be used to determine the number of residential equivalent connections (REC) per dwelling unit or building:
Residential Users
REC
Condominium
1.00
Single-family home
1.00
Duplex
2.00
Multiple-family (2 bedrooms or more)
1.00/unit
Multiple-family (1 bedroom or less)
0.75/unit
(3) 
For all nonresidential users of the water system, anticipated water consumption shall be estimated from the following table for purposes of computing water impact fees unless the Village Administrator determines that the information in the table does not accurately reflect the user's anticipated water consumption, in which case the Village Administrator will estimate water consumption. The RECs will be determined by dividing the estimated water consumption by the water consumption for one REC. The minimum REC for any property shall not be less than 1.00 REC. Upon completion of the REC computations, all RECs will be rounded up to the nearest 0.5 REC and an impact fee of $191 per REC will be calculated.
Standard Industrial Classification Code
Description
Gallons per Employee Hour
0742
Veterinary services for animal specialties
20.0
0752
Animal specialty services
16.0
0782
Lawn and garden services
10.0
1446
Industrial sand
5.0
1521
General contractors — residential
2.3
1541
General contractors — industrial buildings and warehouses
2.3
1611
General contractors public works
2.3
1711
Plumbing, heating and air conditioning
2.3
1731
Electrical work
2.3
1761
Roofing and sheet metal work
2.3
1799
Special trade contractors (not elsewhere classified)
2.3
2013
Sausage and other prepared meats
110.0
2065
Candy and other confectionery products
50.0
2087
Flavoring extracts and syrups (not elsewhere classified)
75.0
2394
Canvas and related products
2.3
2431
Millwork
5.0
2434
Wood kitchen cabinets
5.0
2522
Metal office furniture
2.3
2721
Periodicals: publishing and printing
10.0
2731
Books: publishing and printing
10.0
2751
Commercial printing, letterpress and screen
10.0
2752
Commercial printing, lithographic
10.0
2789
Book binding and related work
10.0
2795
Lithographic plate making and related services
25.0
2819
Industrial inorganic chemicals (not elsewhere classified)
10.0
2834
Pharmaceutical preparation
10.0
2841
Soap and other detergents
15.0
2893
Manufacturing of printing ink
30.0
2899
Chemicals and chemical preparations (not elsewhere classified)
10.0
3079
Miscellaneous plastic products
85.0
3111
Leather tanning and finishing
345.0
3272
Concrete products, except block and brick
25.0
3442
Metal doors, sash, frames, molding and trim
2.3
3444
Sheet metal work
40.0
3451
Screw machine products
10.0
3462
Iron and steel forging
5.0
3469
Metal stampings (not elsewhere classified)
5.0
3471
Electroplating, plating, polishing, anodizing, etc.
50.0
3479
Coating, engraving and allied services (not elsewhere classified)
100.0
3495
Wire springs
2.3
3498
Fabricated pipe and fittings
2.3
3499
Fabricated metal products (not elsewhere classified)
25.0
3531
Construction machinery and equipment
5.0
3544
Spec. dies and tools, die sets, jigs and fixtures, molds
10.0
3562
Ball and roller bearings
5.0
3565
Industrial patterns
5.0
3569
General industrial machinery and equipment (not elsewhere classified)
4.0
3576
Scales and balances, except laboratory
2.3
3599
Machinery, except electrical (not elsewhere classified)
10.0
3613
Switchgear and switchboard apparatus
5.0
3632
Household refrigerators and home and farm freezers
2.3
3694
Electrical equipment for internal combustion engines
2.3
2714
Motor vehicle parts and accessories
75.0
3999
Manufacturing industries (not elsewhere classified)
2.3
4141
Local passenger transportation charter service
2.3
4151
School buses
2.3
4212
Local trucking without storage
10.0
4213
Trucking, except local
2.3
4225
General warehousing and storage
2.3
4311
U.S. Postal Service
2.3
4722
Travel agency
2.3
4811
Telephone communication
2.3
4832
Radio broadcasting
2.3
5042
Toys and hobby goods and supplies
2.3
5063
Electrical apparatus and equipment
2.3
5054
Electrical appliances
2.3
5072
Hardware — wholesale distribution
2.3
5082
Construction and mining machinery and equipment
2.3
5084
Industrial machinery and equipment
2.3
5142
Frozen foods
10.0
5149
Wholesale groceries and related products (not elsewhere classified)
10.0
5199
Wholesale nondurable goods (not elsewhere classified)
10.0
5211
Lumber and other building materials
2.3
5231
Paint, glass, wallpaper
2.3
5251
Hardware — retail sales
2.3
5261
Retail nurseries, lawn and garden supply stores
10.0
5271
Mobile home dealers
2.3
5311
Department stores
2.3
5331
Variety stores
2.3
5411
Grocery stores with meat and produce departments
16.0
5412
Grocery stores without meat and produce departments
6.0
5441
Candy, nut and confectionery stores
10.0
5462
Retail bakeries — baking and selling
10.0
5499
Miscellaneous food stores
2.3
5511
Motor vehicle dealers
5.0
5531
Auto and home supply stores
2.3
5541
Gasoline service stations
15.0
5551
Boat dealers
5.0
5611
Clothing stores
2.3
5651
Shoe stores
2.3
5681
Furriers and fur shops
5.0
5711
Furniture, floor coverings, appliances
2.3
5812
Eating places (restaurants)
20.0
5813
Drinking places (taverns)
45.0
5912
Drugstores and proprietary stores
2.3
5921
Liquor stores
2.3
5931
Used merchandise stores
2.3
5941
Sporting goods stores and bicycle shops
2.3
5942-9
Miscellaneous stores
2.3
5992
Florists
10.0
5999
All other retail stores
2.3
6022-9
Banks
2.3
6122-63
Savings and loans
2.3
6311
Insurance companies
2.3
6411
Insurance agents
2.3
6512
Operators of nonresidential buildings
2.3
6515
Operators of residential mobile home sites
2.3
6531
Real estate agents and managers
2.3
6553
Cemetery subdividers and developers
2.3
6722
Management investment offices
2.3
7011
Hotels, motels, tourist courts
0.5 REC p/unit
7211
Power laundries, family and commercial
105.0
7212
Cleaning and laundry pickup stations
2.3
7215
Fac. coin-op laundries and dry cleaning
910.0
7221
Photographic studios
2.3
7231
Beauty shops
16.0
7241
Barber shops
10.0
7261
Funeral service and crematories
15.0
7299
Miscellaneous services (not elsewhere classified)
2.3
7311
Advertising agencies, employment services
2.3
7332
Blueprinting and photocopying services
2.3
7351
Employment agencies
2.3
7391
Research and development laboratories
10.0
7395
Photofinishing labs
10.0
7512
Passenger car rental and leasing, w/o drivers
10.0
7531
Top and body repair shop
5.0
7534
Tire retreading and repair shops
20.0
7538
General automotive repair shops
5.0
7542
Car washes
115.0
7622
Radio and television repair
2.3
7699
Repair shops and related services (not elsewhere classified)
20.0
7832
Motion-picture theaters, not drive-ins
20.0
7911
Dance halls, studios and schools
20.0
7922
Theatrical producers
20.0
7933
Bowling alleys
50.0
7992
Public golf courses
45.0
7997
Membership sports and recreation clubs
75.0
7999
Roller rinks, gymnasiums, museums
20.0
8011
Offices of physicians
10.0
8021
Offices of dentists
10.0
8031
Offices of osteopaths
10.0
8041
Offices of chiropractors
10.0
8051
Skilled nursing care facilities
20.0
8091
Health and allied services (not elsewhere classified)
10.0
8111
Attorneys
2.3
8211
Elementary and secondary schools
20.0
8221
Colleges, universities and professional schools
25.0
8231
Libraries and information centers
20.0
8249
Vocational schools (not elsewhere classified)
20.0
8421
Arboreta, botanical and zoological gardens
45.0
8621
Professional membership organizations
2.3
8641
Civic, social and fraternal associations
15.0
8661
Religious organizations (hours occupied only)
20.0
8699
Membership organizations (not elsewhere classified)
2.3
38911
Engineering, architectural and surveying services
2.3
8931
Accountants
2.3
9199
General government (not elsewhere classified)
2.3
9221
Police protection
2.3
9224
Fire protection
2.3
9451
Administration of veterans affairs
2.3
9999
All offices (not elsewhere classified)
2.3
SIC Code Source: Office of Management and Budget, Executive Office of the President
(4) 
Since the impact fee determined under Subsection B(1) or (3) above is based upon the estimated intended usage, the Village shall have the right to recalculate the charge based upon actual usage for a twelve-month period. At any time between the first and third anniversary dates of establishment of the nonresidential water service account, the Village may review the account history to determine the highest actual recorded usage in a twelve-month period.
(5) 
Based upon the information obtained under Subsection B(4), the Village may recalculate the impact fee. If the recalculated charge exceeds that of the amount paid for the original charge, the additional amount shall become due and payable at the time the adjustment is made.
(6) 
Such fees collected by the Village shall be placed in a special fund which shall be separate from the general fund of the Village, and the special fund and all interest earned thereon shall be used exclusively for the particular capital costs for which the fee was imposed.
(7) 
Such fees shall be expended by the Village for the aforesaid purpose within seven years of the date of payment, or such fee amount paid along with any interest that has accumulated shall be refunded by the Village to the current owner(s) of the property with respect to which such fee was imposed.
A. 
Any developer creating or constructing development within the Village shall pay a fee to the Village to provide for the capital costs of fire protection facilities necessary to accommodate land development, except as provided in § 270-10 below.
B. 
The amount of the fee per unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 270-11 below, shall be as follows:
(1) 
For single-family or two-family residential development, the fee shall be $266 per dwelling unit.
(2) 
For multifamily residential development units of two bedrooms or more, the fee shall be $199 per dwelling unit.
(3) 
For multifamily residential development of one bedroom or less, the fee shall be $133 per dwelling unit.
(4) 
For commercial and institutional development, the fee shall be $0.053 per square foot of building space.
(5) 
For industrial development, the fee shall be $0.032 per square foot of building space.
C. 
Such fees collected by the Village shall be placed in a special fund which shall be separate from the general fund of the Village, and the special fund and all interest earned thereon shall be used exclusively for the particular capital costs for which the fee was imposed.
D. 
Such fees shall be expended by the Village for the aforesaid purpose within seven years of the date of payment, or such fee amount paid along with any interest that has accumulated shall be refunded by the Village to the current owner(s) of the property with respect to which such fee was imposed.
A. 
Any developer creating or constructing development within the Village shall pay a fee to the Village to provide for the capital costs of law enforcement facilities necessary to accommodate land development, except as provided in § 270-10 below.
B. 
The amount of the fee per unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 270-11 below, shall be as follows:
(1) 
For single-family or two-family residential development, the fee shall be $154 per dwelling units.
(2) 
For multifamily residential development units of two bedrooms or more, the fee shall be $116 per dwelling unit.
(3) 
For multifamily residential development of one bedroom or less, the fee shall be $77 per dwelling unit.
(4) 
For commercial and institutional development, the fee shall be $0.030 per square foot of building space.
(5) 
For industrial development, the fee shall be $0.019 per square foot of building space.
C. 
Such fees shall be collected by the Village shall be placed in a special fund which shall be separate from the general fund of the Village, and the special fund and all interest earned thereon shall be used exclusively for the particular capital costs for which the fee was imposed.
D. 
Such fees shall be expended by the Village for the aforesaid purpose within seven years of the date of payment, or such fee amount paid along with any interest that has accumulated shall be refunded by the Village to the current owner(s) of the property with respect to which such fee was imposed.
Any impact fee imposed under this chapter shall be reduced to compensate for capital costs otherwise imposed by the Village upon land development for the same particular public facilities for which an impact fee is imposed under this chapter, including special assessments, special charges, land dedications under Ch. 236, Wis. Stats., or any ordinance adopted thereunder or any other items of value. Impact fees imposed under this chapter shall also be reduced to compensate for moneys received from the federal or state government specifically to provide or pay for the public facilities for which the impact fees under this chapter are imposed.
A. 
The lawful new construction of a single-family dwelling structure razed or to be razed within one year of the date of the issuance of a building permit for the new construction as part of the new construction project shall be exempt from the fees imposed under this chapter. Any new construction of a single-family dwelling structure upon a single parcel of land involving the demolition of a preexisting residential structure upon such single parcel of land, which project is similar to but not exactly as described above, may be found to be exempt upon application to the Village Board and a finding by the Village Board that such project does not bear a rational relationship to the need for new, expanded or improved public facilities required to serve such development. Such application shall be made to the Village Board prior to the payment of any fees under this chapter.
B. 
Any developer platting and later creating or constructing additional residential dwelling units within the Village after April 27, 2011, shall be exempt from paying the parks and recreational facilities impact fee.
All fees collected and special accounts maintained under this chapter shall be subject to administration by the Village Clerk-Treasurer. The Clerk-Treasurer shall report annually to the Village Board with regard to all deposits, withdrawals and fund balances in these accounts. The purpose of the annual report is to provide the Village Board with information necessary to determine that all funds collected are spent within the time required for the purpose intended and that the amount of fees imposed continues to represent an equitable and reasonable apportionment of the cost of public improvements and requirements generated by land development. Upon such considerations and for such purposes, the Village Board may determine whether there exists any reasonable need for refund of fees previously collected. The Village Board shall, as part of its annual budget process, audit and review the impact fees imposed under this chapter. The revenue and expenditure totals for each impact fee must also be included in the Village's annual budget, and a summary of the revenue and expenditure totals for each impact fee must also be made available in the Village's annual budget summary required under § 65.90(3)(a), Wis. Stats.
Any developer upon whom an impact fee is imposed under this chapter shall have the right to contest the amount, collection or use of the impact fee to the Village Board, provided that the developer files a written notice of appeal in the Village Clerk-Treasurer's office within 15 days of the final site plan approval (commercial properties) or building permit approval (residential properties) upon which the impact fee is imposed. Such notice of appeal shall be titled "Notice of Appeal of Impact Fee" and shall state the developer's name, address, telephone number, address (if available) and legal description or tax parcel identification number of the land development upon which the impact fee is imposed, and a statement of the nature of and reasons for the appeal. The Village Clerk-Treasurer shall schedule the appeal for consideration by the Village Board at a regular meeting as soon as reasonably practicable under the circumstances and shall notify the developer 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 Village Board may adjust the amount, collection or use of the impact fee upon just and reasonable cause shown.
This chapter shall take effect on February 8, 2006.