[Adopted by Ord. No. 01-28 (§ 17.09 of the former City Code); amended by Ord. No. 04-9; Ord. No. 06-20A]
Pursuant to the authority granted in § 66.0617, Wis.
Stats., the purpose of this article is to establish a mechanism for
the imposition of impact fees, due to increased land development within
the service area of the City of Watertown and the Water Utility of
the City of Watertown, upon such new land development to finance the
capital costs of acquiring, establishing, upgrading, expanding, and
constructing additional water treatment facilities, wells, pumping
stations, and storage systems which are necessary to accommodate such
new land development. In order to assure that the new land development
bears an appropriate share of the capital costs necessary to provide
water treatment facilities, wells, pumping stations, and storage systems
within the City of Watertown and its service area, required to serve
the need for water supply services arising out of this new land development,
it is necessary to adopt an impact fee structure so that the Water
Utility can recover these additional capital costs from the owners/developers
of new land development within the City of Watertown, as they are
required to serve the needs arising out of this new land development
on an equitable basis. In order to establish the needs of the service
area, amount, implementation schedule and timing for imposition of
an impact fee for water supply services, the City conducted a study
and needs assessment, which has been summarized in the Facilities
Needs Assessment Report (August 2000), prepared by Engineering Consultants,
and the Report on Impact Fees (November 2000) prepared by Virchow,
Krause & Company, LLP, on file in the office of the Water Systems
Manager.
As used in this article, the following terms shall have the
meanings indicated:
CAPITAL COSTS
The capital costs to construct, expand or improve water treatment
facilities, wells, and distribution and storage systems, including
the cost of land, and including legal, engineering and design costs
to construct, expand or improve water treatment facilities, wells,
and distribution and storage systems, except that not more than 10%
of capital costs may consist of legal, engineering and design costs.
"Capital costs" does not include other non-capital costs or cost of
equipment to construct, expand or improve water treatment facilities,
wells, and distribution and storage systems.
CITY
The City of Watertown.
FULL BUILDING PERMIT
The written approval issued by the City Building Inspector's office, in accordance with the provisions of § SPS 320.09(4), Wis. Adm. Code, and §
253-11 of the Watertown Code, for any construction, repair, enlargement, improvement or alteration of any building or structure within the City. It does not include the "early start" permit or preliminary permit issued at the time of excavation or installation of footings for any such building or structure.
IMPACT FEE
A monetary fee collected from an owner of record or assessed
against a land development pursuant to § 66.0617, Wis. Stats.,
by the City to defray all or part of the requirements for construction,
reconstruction, improvement, extension and expansion of the Water
Utility of the City of Watertown or any indebtedness incurred for
that purpose in order to provide water supply services on a pro rata
basis to the land development upon which the impact fee is levied.
LAND DEVELOPMENT
The construction or modification of improvements to real
property that creates additional residential equivalent units within
the City or its service areas or that results in nonresidential uses
that create a need for new, expanded or improved public facilities
within the City or its service areas.
OWNER OF RECORD
A person or entity that owns, builds, constructs or creates
a land development.
PUBLIC FACILITIES
Facilities for collection, extraction and storage of water,
water treatment facilities, wells, and distribution systems for water
supply within the City or its service area.
RESIDENTIAL EQUIVALENT UNIT (REU)
A unit of measure for the impact fee equivalent to one residential
dwelling unit. For purposes of this article, one residential equivalent
unit is considered equal to the basic residential water meter size
of 5/8 inch or 3/4 inch. The residential equivalent unit is used as
a single unit of measurement for all residential, nonresidential,
commercial, industrial, and institutional land developments because
of the relationship between size of the water meter and the proportionate
amount of water supply services used by the land development.
SERVICE AREA
A geographic area delineated by the Common Council, within
which the City provides public facilities.
SERVICE STANDARD
A certain quantity or quality of water supply services relative
to a certain number of persons, parcels of land or other appropriate
measure as specified by the Common Council.
[Amended 10-4-2016 by Ord. No. 16-18; 7-5-2022 by Ord. No. 22-63]
The payment of an impact fee imposed under this article as a
condition of a permit for new construction or issuance of a permit
for a change in water meter size may be contested as to the amount,
collection or use of the impact fee to the Watertown Public Works
Commission, provided that the applicant files a written notice of
appeal in the office of the City Clerk within 15 days of the approval
of the full building permit by the office of the Building Inspector
for new construction or issuance of a permit for a change in water
meter size upon which the impact fee is imposed. Such notice of appeal
shall be titled "Notice of Appeal of Impact Fee" and shall state the
applicant's name, address, telephone number, address (if available)
and legal description of the land development upon which the impact
fee is imposed, and a statement of the nature of and reasons for the
appeal. Said "Notice of Appeal of Impact Fee" shall be immediately
forwarded by the Clerk of the City to the Water Systems Manager. The
Water Systems Manager shall schedule the appeal for consideration
by the Watertown Public Works Commission at a regular meeting as soon
as reasonably practicable under the circumstances and shall notify
the applicant 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 Watertown Public Works Commission may adjust the amount, collection
or use of the impact fee upon just and reasonable cause shown.
The impact fee contained in this article shall be reviewed by
the Watertown Public Works Commission and approved by the Common Council
of the City every two years. Until changed by this process, the current
fees shall stay in full force and effect.