[HISTORY: Adopted by the Town Board of the Town of Greenville
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision control — See Ch. 270.
[Adopted 2-10-2003 by Ord. No. 39]
A.
For the purposes of this article, all terms other than the Statute (defined in § 165-1) shall have the meanings assigned in the Greenville Sanitary District Ordinance,[1] as amended on January 13, 2003, unless otherwise defined
below.
[1]
Editor's Note: See Part III, Sanitary District Legislation,
of the Town Code.
B.
C.
Terms defined. As used in this article, the following terms shall
have the meanings indicated:
- SANITARY DISTRICT
- The Greenville Sanitary District No. 1, which provides water and sewer service within portions of the Town.
- TOWN
- The Town of Greenville, Outagamie County, Wisconsin.
D.
The word "shall" is mandatory and the word "may" is permissive.
A.
The Town shall collect impact fees on all new construction within
the Sanitary District prior to issuance of a building permit by the
Town.
B.
The Town shall forward all impact fees to the Sanitary District for
the exclusive use by the Sanitary District to pay the capital costs
associated with land development.
C.
The amount of the impact fee shall be as provided in the Greenville
Sanitary District Ordinance as amended on January 13, 2003 and shall
meet the standards for impact fees under the Statute.
D.
The Town shall refund any impact fees to the current owner of the
property with respect to which impact fees were imposed if not used
by the Sanitary District to pay the capital costs associated with
land development within a time period ending no later than 2040.
A.
Any developer may contest the amount, collection or use of the impact
fee, provided that such appeal shall be made in writing to the Town
Clerk, specifying the specific aspect being contested.
B.
The Town Board shall act as the body to decide appeals under this
article, provided that it may refer such appeal to the Commission
of the Sanitary District on an advisory basis.
[Adopted 11-13-2006]
A.
Authority. This article is adopted pursuant to authority conferred
by § 66.0617, Wisconsin Statutes.
B.
Purpose. The purpose of this article is to promote the public health,
safety and general welfare of the Town of Greenville, by facilitating
adequate and equitable financing for the provision of parks, playgrounds
and athletic fields in the Town of Greenville. This article imposes
an impact fee upon developers or property owners to pay for the capital
costs for additional facilities necessary to accommodate and serve
new residential development within the Town of Greenville.
C.
Definitions. As used in this article, the following terms shall have
the meanings indicated:
- CAPITAL COSTS
- 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 Town 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 do not include other non-capital costs to construct, expand or improve public facilities, vehicles; of the costs of equipment to construct, expand or improve public facilities.
- DEVELOPER or PROPERTY OWNER
- A person that constructs or creates land development.
- IMPACT FEES
- Cash contributions, contributions of land or interests in land, or any other items of value that are imposed on a developer or property owner by the Town under this article.
- LAND DEVELOPMENT
- The construction or modification of improvements to real property that creates additional residential dwelling units within the Town, or that results in nonresidential uses that created a need for new, expanded or improved pubic facilities within the Town.
- PUBLIC FACILITIES
- Highways, as defined in § 340.01(22), Wisconsin Statutes, and other transportation facilities; traffic control devices; facilities for collecting and treating sewage; facilities for collecting and treating storm and surface waters; facilities for pumping, storing and distributing water; parks, playgrounds and land for athletic facilities; solid waste and recycling facilities; fire protection facilities; law enforcement facilities; emergency medical facilities; and libraries. "Public facilities" does not include facilities owned by a school district.
- (1) An inventory of existing public facilities, including an identification of any existing deficiencies in the quantity or quality of those public facilities, for which it is anticipated that an impact fee may be imposed.
- (2) An identification of the new public facilities, or improvements or expansions of existing public facilities, that will be required because of land development for which it is anticipated that impact fees may be imposed. This identification shall be based on explicitly identified service areas and service standards.
- (3) A detailed estimate of the capital costs of providing the new public facilities or the improvements or expansions in existing public facilities identified in Subsection (2) of this definition, including an estimate of the effect of recovering these capital costs through impact fees of the availability of affordable housing within the political subdivision.
- (4) A public facilities needs assessment or revised public facilities needs assessment that is prepared under this subsection shall be available for public inspection and copying in the office of the Clerk of the political subdivision at least 20 days before the hearing under § 165-8.
- SERVICE AREA
- The Town of Greenville, Outagamie County, Wisconsin.
- SERVICE STANDARD
- A certain quantity or quality of public facilities relative to a certain number of persons, parcels of land or other appropriate measure, as specified by the Town.
- TOWN
- The Town of Greenville, Outagamie County, Wisconsin.
A.
Standards for impact fees. The following standards apply to impact
fees established and imposed by this article:
(1)
Shall bear a rational relationship to the need for new, expanded
or improved public facilities that are required to serve land development.
(2)
May not exceed the proportionate share of the capital costs that
are required to serve land development as compared to existing uses
of land within the Town.
(3)
Shall be based upon actual capital costs or reasonable estimates
of capital costs for new, expanded or improved public facilities.
(4)
Shall be reduced to compensate for other capital costs imposed by
the Town with respect to land development to provide or pay for public
facilities, including special assessments, special charges, land dedications
or fees in lieu of land dedications or any other items of value.
(5)
Shall be reduced to compensate for monies received from the federal
or state government specifically to provide or pay for the public
facilities for which the impact fees are imposed.
(6)
May not include amounts necessary to address existing deficiencies
in public facilities.
(7)
Shall be payable by the developer to the Town either in full or in
installment payments that are approved by the Town, before a building
permit may be issued or other required approval may be given by the
Town.
B.
Requirements for impact fee revenues. Revenues for impact fees shall
be placed in a segregated interest-bearing account and shall be accounted
for separately from other funds of the Town. The Town shall keep an
account of all impact fees paid by date, tax parcel number and amount.
Impact fee revenues and interest earned on impact fee revenues may
be expended only for capital costs for which the impact fees are imposed.
C.
Refund of impact fees. Impact fees that are collected within seven
years but are not used within 10 years to pay the capital costs for
which they were imposed 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 ten-year time limit for
using impact fees may be extended for three years if the Town adopts
a resolution stating that, due to extenuating circumstances or hardship
in meeting the ten-year limit, it needs an additional three years
to use the impact fees that were collected. The resolution shall include
detailed written findings that specify the extenuating circumstances
or hardship that led to the need to adopt a resolution under this
subsection. In the event the property has been divided or subdivided
subsequent to the collection of the impact fee, the Town shall appropriately
apportion the refund among the parcels.[1]
A.
Park and recreation needs assessment. The establishment of a Town
of Greenville park and recreation impact fee is based upon the Town
of Greenville Park and Recreational Needs Assessment dated November
13, 2006, and adopted by Town Board Resolution No. 2006-4.
B.
Impact fee. There is hereby established a Town of Greenville Park
and Recreation Impact Fee in the amount of $682 per dwelling unit.
D.
Discretionary reduction or waiver of fee. The Town Board may reduce
or waive the Park and Recreation Impact Fee for moderate-income housing,
defined as housing which is 80% or less of the Town current median
value. The Town Board may also reduce or waive the fee for dwellings
in a conservation subdivision which, in the discretion of the Town
Board, provides alternative open space and recreational opportunities
for the owners.
A.
Amendments to ordinance. The Town Board may amend this article. The
Town Board shall hold a public hearing. Notice of the public hearing
shall be published as a Class 1 notice under Chapter 985, Wis. Stats.,
and shall specify where a copy of the ordinance and amendment and
the public facilities needs assessment may be obtained. The public
facilities needs assessment or revised public facilities needs assessment
shall be available for public inspection and copying at the Town Clerk's
office at least 20 days before the public hearing.
B.
Revisions to public facilities needs assessment. Any revision or
amendment to the public facilities needs assessment shall be adopted
by the Town Board by resolution. Copies of the revised or amended
public facilities needs assessment shall be available for public inspection
and copying at the Town Clerk's office at least 20 days prior
to Town Board action adopting such revision or amendment. The Town
Clerk shall keep a record of all public facilities needs assessments
and revisions and amendments thereto.
C.
Appeals. Any developer/owner who is required to pay an impact fee
under this article may appeal the basis of the fee; the applicability
of the fee; the amount of the fee; the amount of refund or the use
of the fee to the Town Board within 30 days from the date the fee
is due and payable or a refund is received. The appeal shall be in
writing and shall specify the basis or the grounds upon which the
appeal is taken. The Town Board shall provide a hearing on the appeal
within 45 days of the receipt of the appeal. The Town shall serve
the appellant with notice of such hearing by mail or personal service
at least 10 days before such hearing. Witnesses testifying at the
hearing may be sworn by the Town Clerk. The Town Clerk shall mark
all exhibits and the proceedings shall be recorded. Within 14 days
after the hearing, the Town shall render a written determination stating
the reasons therefor. The written determination shall be a final determination
and mailed or delivered to the appellant.
D.
Judicial review. Any person aggrieved by a final determination may
seek review thereof by certiorari within 30 days of receipt of the
final determination.
