[HISTORY: Articles I and II adopted by the Town Board of
the Town of Greenville (now Village Board of the Village of Greenville)
as indicated in article histories. Subsequent articles adopted by
the Village Board of the Village of Greenville as indicated in article
histories. Amendments noted where applicable.]
[Adopted 2-10-2003 by Ord. No. 39]
A. Authority. This article is established pursuant to the provisions
of § 66.0617, Wisconsin Statutes (the "statute").
B. Purpose. The purpose of this article is to provide for the fair and
equitable recovery of costs associated with providing water facilities
for future growth in the Village.
A. For the purposes of this article, all terms other than the statute (defined in §
165-1) shall have the meanings assigned in Part III, Sanitary District Legislation, of the Village Code, unless otherwise defined below.
B. The following terms shall have the meaning assigned in the statute:
(2) Developer.
[Amended 10-13-2014]
(5) Municipality.
[Amended 10-13-2014]
C. Terms defined. As used in this article, the following terms shall
have the meanings indicated:
VILLAGE
The Village of Greenville, Outagamie County, Wisconsin.
D. The word "shall" is mandatory, and the word "may" is permissive.
A. The Village shall collect impact fees on all new construction within
the Village of Greenville prior to issuance of a building permit by
the Village.
B. The Village shall forward all impact fees to the Village of Greenville
for the exclusive use by the Village of Greenville to pay the capital
costs associated with land development.
C. The amount of the impact fee shall be as provided in Part III, Sanitary
District Legislation, of the Village Code and shall meet the standards
for impact fees under the statute.
D. The Village 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 Village of Greenville 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 Village
Clerk, specifying the specific aspect being contested.
B. The Village Board shall act as the body to decide appeals under this
article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Village of Greenville by facilitating
adequate and equitable financing for the provision of parks, playgrounds
and athletic fields in the Village 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 Village 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 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 do not include other noncapital costs
to construct, expand or improve public facilities; vehicles; or the
costs of equipment to construct, expand or improve public facilities.
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 Village under this article.
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 created a
need for new, expanded or improved pubic facilities within the Village.
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 stormwater 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.
PUBLIC FACILITIES NEEDS ASSESSMENT
(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 definition 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 Village 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 Village.
Village
The Village 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 Village.
(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 Village 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) Except as provided under this subsection, shall be payable by the
developer or the property owner to the municipality in full upon the
issuance of a building permit by the municipality. Except as provided
in this subsection, if the total amount of impact fees due for a development
will be more than $75,000, a developer may defer payment of the impact
fees for a period of four years from the date of the issuance of the
building permit or until six months before the municipality incurs
the costs to construct, expand, or improve the public facilities related
to the development for which the fee was imposed, whichever is earlier.
If the developer elects to defer payment under this subsection, the
developer shall maintain in force a bond or irrevocable letter of
credit in the amount of the unpaid fees executed in the name of the
municipality. A developer may not defer payment of impact fees for
projects that have been previously approved.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Village. The Village 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. Except as provided in this subsection, impact fees that are not used within eight years after they are collected to pay the capital costs for which they were imposed shall be refunded to the payer of fees for the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in Subsection
B. (Impact fees that are collected for capital costs related to lift stations or collecting and treating sewage that are not used within 10 years after they are collected to pay the capital costs for which they were imposed shall be refunded to the payer of fees for 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 that is specified under this subsection may be extended for three years if the municipality 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.) For purposes of the time limits in this subsection, an impact fee is paid on the date a developer obtains a bond or irrevocable letter of credit in the amount of the unpaid fees executed in the name of the municipality.
[Amended 10-13-2014;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. Park and recreation needs assessment. The establishment of a Village
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 Village of Greenville park
and recreation impact fee in the amount of $682 per dwelling unit.
C. Payment of fee. The Village of Greenville park and recreation impact
fee shall be payable in full by the developer or property owner upon
the issuance of a residential building permit by the Village.
[Amended 10-13-2014]
D. Discretionary reduction or waiver of fee. The Village 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 Village current median
value. The Village Board may also reduce or waive the fee for dwellings
in a conservation subdivision which, in the discretion of the Village
Board, provides alternative open space and recreational opportunities
for the owners.
E. Mandatory reduction of fee. The impact fee imposed under this article shall be reduced to compensate for land acquisition and capital costs received by land dedication under Chapter
270, Subdivision Control, or funds received through grants by federal and state governmental agencies.
A. Amendments to article. The Village Board may amend this article.
The Village 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 article 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 Village
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 Village Board by resolution. Copies of the revised or amended
public facilities needs assessment shall be available for public inspection
and copying at the Village Clerk's office at least 20 days prior to
Village Board action adopting such revision or amendment. The Village
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 Village 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 Village Board shall provide a hearing on the
appeal within 45 days of the receipt of the appeal. The Village 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 Village Clerk. The Village Clerk
shall mark all exhibits and the proceedings shall be recorded. Within
14 days after the hearing, the Village 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.