This chapter hereby imposes impact fees in order to regulate the effect of new development on Village infrastructure and services, the demand for which is generated by new development or any improvements made to existing development. The purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide essential facilities in the Village of Slinger.
[HISTORY: Adopted by the Village Board of Trustees of the Village of Slinger 10-21-2019 by Ord. No. 10-07-2019.[1] Amendments noted where applicable.]
The Village Board of the Village of Slinger has the authority to adopt this chapter pursuant to § 66.0617, Wis. Stats.
As applied in this chapter, the following words and terms shall be used:
A plan for capital expenditures, including commitments, to be incurred during the budget year.
A plan for capital expenditures, including commitments, to be incurred during the budget year and four years into the future.
Any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires the issuance of a building permit.
A fee to be collected at the time of issuance of building permit.
The local use of land involving both residential and nonresidential development.
Any local use of land for primarily industrial or commercial purposes, or which does not fall within the definition of residential development.
Any or all of the facilities as stated in the 2019 impact fee study by Ruekert & Mielke, Inc., and/or any ancillary item associated with said study.
The charge as established pursuant to § 398-7K(5)(b) of this Code.
A geographic area delineated by a municipality within which there are public facilities.
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 municipality.
The Village of Slinger, Washington County, Wisconsin.
The Board of Trustees of the Village of Slinger, Washington County, Wisconsin.
This chapter will be uniformly applicable to development which occurs within the Village of Slinger.
A.
Any person who, after the effective date of this chapter, seeks to create, subdivide, and/or otherwise develop a residential, commercial, or industrial unit, or the property owner, is hereby required to pay an impact fee segregated as follows:
Summary of Proposed Impact Fees | |||||||
|---|---|---|---|---|---|---|---|
Development | Parks Facilities | Admini-strative Services Facilities | Department of Public Works Facilities | Library Facilities | Police Facilities | Sanitary Sewer Facilitiesa | Total |
Residential (per dwelling except sanitary sewer) | $1,208 | $547 | $1,508 | $931 | $1,604 | $2,652 | $8,450 |
Non-residential (per acre except sanitary sewer) | N/A | $1,625 | $4,476 | N/A | $4,762 | $2,652 | $13,514 |
NOTES: | |
a | Sanitary sewer charges are per REC. |
B.
Any development that is classified as mixed-use will pay impact fees as the Village concludes is appropriate based on how the Village anticipates the development will make use of public facilities.
The impact fees will be assessed and become due at issuance of the building permit by the municipality, subject to the following. Except as provided in this section, 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 section, 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.
A.
All fees except the sanitary sewerage facilities impact fee will be collected under this chapter, placed in a segregated, interest-bearing account and will be accounted for separately from other funds of the Village. The fees and any interest on the fees will be spent only in accordance with this chapter.
B.
In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which the impact fee may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in Subsection A above.
C.
At least once each fiscal year, the Village Administrator shall present to the Village Board a proposed capital improvement program assigning funds, including any accrued interest, to fund improvements associated with each segregated fund for impact fees. Funds, including any accrued interest, not assigned in any fiscal year shall be retained in the same impact fee trust fund until the next fiscal year, except as provided by the refund provisions of this chapter.
D.
The following collection and spending scenarios shall govern the use of any impact fees collected by the Village:
Collection Date | Collection Period | Spending Deadline |
|---|---|---|
After 1-1-2019 | Since effective date of chapter | Within 8 years of collection, except sanitary sewer fee funds, which is within 10 years of collection, unless extended as provided by § 66.0617(9), Wis. Stats. |
Any funds not expended or encumbered in accordance with § 486-7D shall be returned to such landowner, along with interest that was earned on those funds.
A.
The following shall be exempted from payment of the impact fee:
(1)
Alterations or expansion of an existing building where no additional residential units or sewer connections are requested and where the use is not changed.
(2)
The replacement of a building or structure with a new building or structure of the same size where number of dwelling units and/or number of sewer connections remains unchanged.
B.
Any claim of exemption must be made no later than the time of application for creation or subdivision of the lot. Any claim not so made shall be deemed waived.
C.
The Village Board may exempt or reduce the impact fees for low-income housing, provided that no amount of an impact fee for which an exemption or reduction is provided is shifted to any other development in the land development in which the low-cost housing is located or to any other land development in the municipality.
Any property owner upon whom an impact fee is imposed shall have the right to contest the amount, collection or use of the impact fee to the Village Board, provided that the property owner files a written notice of appeal in the Village Clerk's office within 90 days of when the fee is due and payable. Such notice of appeal shall be entitled "Notice of Appeal of Impact Fee" and shall state the property owner'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. The Village Clerk shall schedule the appeal for consideration by the Village Board at a regular meeting as soon as reasonably practicable under the circumstances and shall notify the property owner 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 Village Board may adjust the amount, collection or use of the impact fee upon just and reasonable cause shown.
A violation of this chapter shall be subject to the penalties and remedies described in § 1-2 of this Code; however, in addition to or in lieu of such penalties and remedies, the Village of Slinger shall have the power to sue in civil court to enforce the provisions of this chapter.