[Adopted as § 2.0 of the 2000 Code; amended in its entirety 6-7-2016 by Ord. No. 07-2016]
The requirements of this article are established to ensure adequate parks, open spaces and sites for other public uses are properly located, expanded and preserved as the Village grows. It has also been established to ensure the cost of providing the park and recreation sites and facilities necessary to serve the additional people brought into the community by land development are equitably apportioned on the basis of the additional needs created by the development. The requirements shall apply to all lands proposed for residential development.
This article is authorized under §§ 61.34, 61.35, 62.23, 66.0617, 236.01, and 236.45 of the Wisconsin Statutes. The purpose of this article is to establish the mechanism for the imposition of impact fees upon new development to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public facilities which are necessary to accommodate land development. The provisions of this article 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 article.
In the design of a subdivision, land division, planned unit development or development project, provision shall be made for suitable sites of adequate area for schools, parks, playgrounds, open spaces, drainageways and other public purposes. Such sites as shown on the Official Map, Master Plan or Comprehensive Outdoor Recreation Plan, if applicable, shall be made part of the design.
The developer shall donate sufficient land area to the Village for public use that is suitable and readily developable to provide adequate park, playground, recreation and open space, subject to a determination of acceptability by the Village. These public lands shall be made a part of the plat or certified survey map and shall be donated to the public at a maximum not-to-exceed rate of up to one acre for each 15 acres, as determined by the Village. The Village and developer may agree to a land donation in excess of the established maximum of one per 15 acres. Such agreement shall be made in writing.
Where, in the discretion of the Village Board, there is no land suitable for public use within the proposed subdivision or the donation of land would not be compatible with the Village's Comprehensive Development Plan, or the Village Board determines that a cash contribution would better serve the public interest, the Village staff shall recommend to the Village Board that the developer pay a fee in lieu of making the required land donation. In case of a certified survey map, the Village staff shall make its recommendation to the Planning and Zoning Commission.
Where a fee-in-lieu-of-land system is used, the developer shall pay to the Village a fee of $300 per lot created for single- and two-family subdivisions, or $300 per dwelling unit for multifamily subdivisions. The same standard shall apply when any combination of single-family, two-family and multifamily are proposed in the same subdivision.
The Village Board may recommend the developer satisfy the requirements by combining land donation with fee payments. The fee in such cases shall be determined by subtracting the fair market value of the donated land from the total fee which would have been imposed had no land been donated by the developer. The fair market value shall be determined by the Village Assessor.
All funds so collected by the Village shall be deposited as "Special Fund for the Acquisition and Development of Public Sites, Recreation Areas, Open Spaces and Greenways" (Park Special Fund), and such funds so levied and collected shall be used to pay a portion of capital costs for such purposes, at such places, and in such manner as shall be approved, ordered and directed by the Village upon recommendation by the Village Board. Any and all interest accumulated upon such funds shall be added to the special fund and be similarly designated.
All fees provided for herein are required to be paid on or before the date of the Village's final plat approval or approval of the certified survey map.
In addition to the fees or dedication required in the preceding sections, a one-time fee of $300 per dwelling unit will be assessed at the time a building permit is issued for new construction in a new or existing subdivision for all single-family, two-family, and multifamily residential developments.
If a person sells off a lot from his home or business, the value for determining the fee shall be based on the vacant lot that is sold off and not on the lot with the existing building.
Impact fees imposed by the Village shall bear a rational relationship to the need for new, expanded or improved public facilities that are required to serve land development.
When a certified survey map does not result in additional buildable residential lots, there shall be no fee charged.
All approvals of certified survey maps by the Planning and Zoning Commission are subject to the payment of the fee described above. If the certified survey map is recorded without paying the fee and the fee is not paid, then the Village may assess the amount unpaid as a special assessment and place it on the tax roll.
When a subdivision of land has been made and the park fee has been paid on such land, no further park fee shall be assessed against the developer on subsequent division of such land.
As used in this article, the following terms shall have the meanings indicated:
- CAPITAL COST
- The 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 such costs related directly to the public improvement for which the impact fees were imposed actually exceed 10% of the capital costs.
- Any person, firm, partnership, corporation, association, estate or other legal entity dividing land for development. This shall include all residential development.
- DWELLING UNIT
- Per the definition of "dwelling unit" in § 295-8, a dwelling unit for single-family purposes is considered to consist of one or more rooms which are arranged, designed or used as living quarters for one family only. Per the definition of "dwelling, multifamily" in § 295-8, multifamily dwelling units consist of a building, or portion thereof, containing three or more dwelling units, each occupied by one family with the intent to use the structure as the principal place of abode.
- FAIR MARKET VALUE (MARKET VALUE)
- The highest price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.
- PUBLIC FACILITIES
- Highways as discussed in Chapter 264, Vehicles and Traffic, 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 fields, 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.
All fees imposed and collected under this article that are not used within a reasonable period of time after they are collected shall be refunded to the current owner of the property with respect to which the impact fees were imposed in accordance with applicable state statutes.
A developer upon whom a fee or dedication is imposed has the right to contest the amount, collection or use of the impact fee to the Village Board. Such appeal shall be made within 30 days after the decision or action complained of, by filing with the Village Clerk-Treasurer a notice of appeal specifying the grounds thereof. The Village Board shall thereafter reach its decision within 60 days from the filing of the appeal.