A. 
General. The subdivider shall pay the Village of East Troy all fees as hereinafter required and at the times specified before being entitled to recording of a plat or certified survey map. At the time of submission of a plat or certified survey, the Plan Commission, at its sole discretion, may require the subdivider to make a good faith deposit with the Village Clerk-Treasurer to cover, in all or part, the expenses anticipated to be incurred by the Village because of the land division. Unused portions of such fund may be refunded to the subdivider. The requirements of this section apply within both the Village and its extraterritorial jurisdiction.
B. 
Engineering fee.
(1) 
The subdivider shall pay a fee equal to the actual cost to the Village for all engineering work incurred by the Village in connection with the plat, including but not limited to:
(a) 
The preparation of those construction plans and specifications required to be designed by the Village Engineer.
(b) 
The preparation of those construction plans and specifications which the subdivider requests the Village Engineer prepare.
(c) 
The review of construction plans and specifications furnished by the subdivider.
(d) 
Such inspection as the Village Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances (or other regulations) of the Village or any other governmental authority.
(2) 
The Village Engineer shall render an itemized estimated bill for services to be rendered, excluding inspection work, within 30 days after approval, or conditional approval, of the preliminary plat. Copies of this estimated bill shall be sent both to the Village and the subdivider. The subdivider shall pay 1/2 of this bill prior to the Village Engineer commencing any work on plans and specifications and shall pay the remaining half at the time the final plat is submitted for approval. Nonpayment constitutes grounds for rejection of said final plat. Following completion and approval of all construction work, an adjusted, final bill, including the costs of inspection, shall be submitted by the Village Engineer, with copies to both the Village and the subdivider. The net amount of the final bill shall be paid by the subdivider within 30 days of its receipt. Payments hereunder may be made directly to the Village Engineer by the subdivider.
C. 
Administrative fee. The subdivider shall pay a fee to the Village equal to the cost of any legal, administrative, or fiscal work which may be undertaken by the Village in connection with the plat or certified survey map.
D. 
Concept plan. There shall be no fee for the Village's review of a concept or sketch plan of a proposed land division. However, such reviews shall be conducted only as staff time permits.
E. 
Preliminary plat/certified survey map review fee.[1]
(1) 
The subdivider shall pay a fee set by the Village Board to the Village Clerk-Treasurer at the time of first application for approval of any preliminary plats to assist in defraying the cost of review.
(2) 
A reapplication fee set by the Village Board shall be paid to the Village Clerk-Treasurer at the time of reapplication for approval of any preliminary plat which has previously been reviewed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Final plat review fee.[2]
(1) 
The subdivider shall pay a fee set by the Village Board to the Village Clerk-Treasurer at the time of first application for approval of said plat to assist in defraying the cost of review.
(2) 
A reapplication fee set by the Village Board shall be paid to the Village Clerk-Treasurer at the time of reapplication for approval of any final plat which has previously been reviewed.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Objecting agency review fees. The subdivider shall transmit all fees required for state agency review to the Village Clerk-Treasurer at the time of application. Said review fees shall be retransmitted to the proper state review agency by the Village Clerk-Treasurer. Said fees shall be applicable, where appropriate, to review fees required by the Wisconsin Department of Administration, Wisconsin Department of Transportation, Wisconsin Department of Safety and Professional Services, and the Wisconsin Department of Natural Resources.
H. 
Public site fee. If the subdivision does not contain lands to be dedicated as required in this chapter, the Village Clerk-Treasurer shall require a fee pursuant to § 495-52D for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision.
I. 
Assessments. All outstanding assessments due to the Village shall be due prior to the signing of the final plat or certified survey by the Village.
J. 
Cost determination. The subdivider of land divisions within the Village shall reimburse the Village for its actual cost of design, inspection, testing, construction and associated legal and real estate fees incurred in connection with the preliminary plat, final plat, replat or certified survey. The Village's costs shall be determined as follows:
(1) 
The cost of Village employees' time engaged in any way with the land division based on the hourly rate paid to the employee multiplied by a factor determined by the Village Clerk-Treasurer to represent the Village's cost for expenses, benefits, insurance, sick leave, holidays, vacation, and similar benefits.
(2) 
The cost of Village equipment employed.
(3) 
The cost of mileage reimbursed to Village employees which is attributed to the land division.
(4) 
The actual costs of Village materials incorporated into the work, including transportation costs, plus a restocking and/or handling fee not to exceed 10% of the cost of the materials.
(5) 
All consultant fees, including but not limited to legal fees, at the invoiced amount plus administrative costs. Unless the amount totals less than $50, the Village shall bill the subdivider monthly for expenses incurred by the Village. Statements outstanding for more than 30 days shall accrue interest at the rate of 1 1/2% per month. Bills outstanding for more than 90 days shall be forwarded to the subdivider's surety agency for payment. Amounts less than $50 shall be held for billing by the Village until amounts total more than $50 or until the conclusion of project activities.
Pursuant to the authority to impose impact fees found in § 66.0617, Wis. Stats., and pursuant to the impact fee studies and plans required therein, the Village of East Troy hereby establishes and imposes impact fees as prescribed in this section.
A. 
Establishment of service area. There is hereby established a geographically defined area which shall be known as the "service area" within which it will be necessary to enlarge and improve new and existing public facilities attendant to the Village of East Troy water system and library improvements as a result of land development and growth within the Village of East Troy. The service for the water system and library improvements is shown in Exhibit A which is attached hereto and incorporated herein by this reference and is on file in the Clerk-Treasurer's office and shall remain on file in the Clerk-Treasurer's office.
[Amended 12-7-2015 by Ord. No. 2015-09]
B. 
Standard for impact fees. In accordance with § 66.0617, Wis. Stats., the Village of East Troy adopts the following standards for impact fees which will be imposed under this section:
(1) 
Impact fees adopted by the Village of East Troy:
(a) 
Shall bear a rational relationship to the need for new, expanded or improved public facilities that are required to serve land development.
(b) 
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 of East Troy.
(c) 
Shall be based upon actual capital costs or reasonable estimates of capital costs for new, expanded, or improved public facilities.
(d) 
Shall be reduced to compensate for other capital costs imposed by the Village of East Troy 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 under Ch. 236, Wis. Stats., or any other items of value.
(e) 
Shall 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 are imposed.
[Amended 6-15-2015 by Ord. No. 2015-02]
(f) 
May not include amounts necessary to address existing deficiencies in public facilities.
(g) 
Shall be payable by the developer or the property owner to the Village in full upon the issuance of a building permit by the Village.
[Amended 6-15-2015 by Ord. No. 2015-02]
(2) 
References hereinabove to public facilities shall be deemed to refer to the following, to the extent that their inclusion is permitted under § 66.0617, Wis. Stats.: the Village of East Troy water system, including wells, storage towers, and transmission mains; and the public library, including structural improvements and equipment owned and utilized by the system.
[Amended 12-7-2015 by Ord. No. 2015-09]
C. 
Amount. The impact fees are adopted in the following amounts:
[Amended 12-7-2015 by Ord. No. 2015-09]
(1) 
Village of East Troy water system impact fee: $1,469.
(2) 
Additional water fee for boosted zone: $723.
(3) 
Library impact fee: $482.
D. 
Residential impact fees. Each impact fee shall be imposed on a residential equivalent unit (REU) basis with each single-family residential unit, whether located within a one-family, condominium, cooperative, rental, or owner-occupied unit, constituting one such REU. Multifamily homes with two or fewer bedrooms shall pay 0.73 times the impact fees charged to a single-family home. Other types of temporary or limited term domestic use facilities shall be assigned residential unit equivalents as provided herein:
(1) 
Congregate care facility (ACLF): one per four bedrooms.
(2) 
Community-based residential facility (CBRF): one per four bedrooms.
(3) 
Retirement home: one per four bedrooms.
(4) 
Assisted living facility: one per two units.
(5) 
Motel/hotel: one per two rooms or suites.
E. 
Nonresidential impact fees. Nonresidential development will be charged the impact fee for water and law enforcement only according to water meter size. The fees will be charged on a cost per REU as follows:
Water and Law Enforcement Impact Fees REU Multiplier
Meter Size
(inches)
Meter Type
Flow
(gallons per minute)
REU Ratio
3/4 or less
Displacement
15
1.0
1
Displacement
25
1.7
1 to 1 1/2
Displacement
50
3.3
2
Displacement
80
5.3
2
Compound
80
5.3
2
Turbine
100
6.7
3
Compound
160
10.7
3
Turbine
240
16.0
4
Compound
250
16.7
4
Turbine
420
28.0
6
Compound
500
33.3
6
Turbine
920
61.3
8
Compound
800
53.3
8
Turbine
1,600
106.7
10
Compound
1,150
76.7
10
Turbine
2,500
166.7
F. 
Payment of impact fees. Payment of impact fees for water system additions and library additions shall become due and payable upon the issuance of a building permit for new development or before service connection for existing developments.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-7-2015 by Ord. No. 2015-09]
G. 
Low-cost housing. No exemption or reduction in the amount of said fee shall be made on land development that provides for low-cost housing.
H. 
Separate fund established. There is hereby established an impact fee fund for water system additions and library additions within the Village of East Troy. Each such fund shall be placed in a segregated, interest-bearing account and shall be accounted for separately from all other funds of the Village. Revenues from said fund, including impact fee revenues and interest earned on impact fee revenues, may be expended only for capital costs for which the impact fees were imposed.
[Amended 12-7-2015 by Ord. No. 2015-09]
I. 
Refund of impact fees. Impact fees that are collected after April 10, 2006, within seven years of the effective date of the ordinance, but are not used within 10 years after the effective date of the ordinance 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. However, the time for refunding impact fees may be extended an additional three years by a majority vote of the Village Board of Trustees adopting a resolution stating that, due to hardship or extenuating circumstances in meeting the ten-year limit, the Village requires an additional three years to use the impact fees.
[Amended 2-6-2017 by Ord. No. 2017-05]
J. 
Exemptions.
(1) 
The following shall be exempted from payment of impact fees herein provided:
(a) 
Alterations or expansion of existing buildings where no additional or larger water meter connections are requested or required and where the use of the property is not changed.
(b) 
The replacement of a building or structure with a new building or structure of the same or less size where no additional or larger water or service connections are requested and where the use is not changed.
(2) 
Any claim of exemption shall be made at the time of application for building permit. Any claim not so made shall be deemed waived.
K. 
Penalty provision. Any person violating any provision of this section shall be subject to the uniform penalty provisions of § 1-4 of this Code or any other legal remedy available according to law.
L. 
Appeal. Any person upon whom an impact fee is imposed has the right to appeal the amount, collection, or use of the impact fee to the Village Board of the Village of East Troy. The procedure shall be as follows:
(1) 
Any person appealing the amount, collection, or use of the impact fee shall submit a letter or petition to the Village of East Troy Clerk-Treasurer, describing the nature of the appeal and providing any supporting documentation therewith.
(2) 
The Clerk-Treasurer shall present the appeal letter or petition to the Village Board. The Clerk-Treasurer shall notify the person appealing of the time and place of the Village Board meeting at which the appellant shall be given an opportunity to present additional information in support of the appeal.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
The appellant shall thereafter have a further right, within 60 days, to request and cause the Village Board of the Village of East Troy to conduct a formal hearing of the contest within a reasonable time following said request.