[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:
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.
A person that constructs or creates a land development.
Cash fees or contributions of land imposed upon a developer
under this chapter.
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.
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.
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.
