Pursuant to the authority of § 66.0617, Wisconsin
Statutes, the local impact fees enabling legislation, the purpose
of this chapter 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. This chapter
is intended to assure that new development bears a proportionate share
of the cost of capital expenditures necessary to provide public facilities
within the City of Lake Mills and its service areas as they are required
to serve the needs arising out of land development.
As used in this chapter, 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 such costs which relate directly
to the public improvement for which the impact fees were imposed actually
exceed 10% of capital costs. "Capital costs" does not include other
noncapital costs to construct, expand or improve public facilities
or the costs of equipment to construct, expand or improve public facilities.
DEVELOPER
A person that constructs or creates a land development.
IMPACT FEES
Cash contributions, contributions of land or interests in
land or any other items of value that are imposed on a developer under
this chapter.
LAND DEVELOPMENT
The construction or modification of improvements to real
property that creates additional residential dwelling 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.
PUBLIC FACILITIES
Highways, as defined in § 340.01(22), Wis. Stats.,
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,
other recreational facilities (if those facilities have been substantially
completed by June 14, 2006), 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.
SERVICE AREA
A geographic area delineated by the City Council within which
the City provides public facilities.
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 City Council.
New public facilities, or improvements or expansions of existing
public facilities that are required because of land development for
which impact fees will be imposed, are those which are identified
in this chapter and in facilities needs assessment reports prepared
prior to the adoption of this chapter and any amendments hereto. All
facilities needs reports that form the basis of any impact fee imposed
by the City shall be kept on file in the office of the City Clerk
at least 20 days prior to any public hearing to be held on the creation
of this chapter and any amendments. A Class I notice is required prior
to any required hearing. All facilities needs assessment reports shall
remain on file in the office of the City Clerk for the entire period
during which impact fees arising out of a specific report and this
chapter are collected prior to expenditure, and such report shall
after expenditure of all impact fees be maintained as a public record
for such time period as required by law.
[Amended 2-2-2010 by Ord.
No. 1057C]
All revenues from impact fees that have been or will be imposed
or collected under this chapter shall be collected, expended and refunded
as specified in Wis. Stats. § 66.0617 and this section.
A. Revenues from impact fees shall be placed in one or more separate
segregated, interest-bearing accounts and shall be accounted for separately
from other City general and utility funds. Impact fee revenues and
interest earned thereon may be expended only for capital costs for
which the impact fees were imposed and in accordance with this section.
B. For impact fee revenues collected after April 10, 2006, if those fees are collected within seven years of the effective date of the ordinance that imposed the fee, then all such fees shall be used within 10 years after the effective date of the ordinance that imposed the fees. If not so used within 10 years, and if no resolution is adopted in accordance with Subsection
C of this section, then all such fees not expended within 10 years of collection shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with interest that has accumulated. For purposes of determining when the ordinance that imposed each impact fee became effective, see Subsection
D.
C. The ten-year time limit for using impact fees under Subsection
B may be extended for three additional years if the City Council adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the ten-year limit, the City needs an additional three years in which to use the impact fees that were collected after April 10, 2006. 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.
D. The sewer impact fee imposed under this chapter was created when
Ordinance 709A became effective on June 15, 1995. The water impact
fee imposed under this chapter was created when Ordinance 709A became
effective on June 15, 1995. The park facilities impact fee imposed
under this chapter was created when Ordinance 709A became effective
on June 15, 1995. The community center impact fee imposed under this
chapter was created when Ordinance 738 became effective on April 25,
1996.
E. The sanitary sewer impact fee that was originally imposed under this
chapter was created when Ordinance 709A became effective on June 15,
1995. The sanitary sewer impact fee was amended through the adoption
of Ordinance 1163 in May 2016, which ended the original sanitary sewer
impact fee, and which established new sanitary sewer impact fees and
impact fee zones. The water impact fee imposed under this chapter
was created when Ordinance 709A became effective on June 15, 1995.
The park facilities impact fee imposed under this chapter was created
when Ordinance 709A became effective on June 15, 1995. The community
center impact fee imposed under this chapter was created when Ordinance
738 became effective on April 25, 1996.
[Amended 5-3-2016 by Ord.
No. 1163]
F. With regard to impact fees that were collected after December 31,
2002, and before April 11, 2006, such impact fees must be used for
the purpose for which they were imposed not later than the first day
of the 120th month beginning after the date on which the fees were
collected. Any such fee that is not used by that date shall be refunded
to the current owner of the property with respect to which the impact
fee was imposed, along with interest that has accumulated.
G. With regard to impact fees that were collected before January 1,
2003, such impact fees must be used for the purpose for which they
were imposed not later than December 31, 2012. Any such fee that is
not used by that date shall be refunded to the current owner of the
property with respect to which the impact fee was imposed, along with
interest that has accumulated.
Funds collected from impact fees shall be used solely for the purpose of paying the proportionate costs of providing public facilities that become necessary due to land development. These costs may include the costs of debt service on bonds or similar debt instruments when the debt has been incurred for the purpose of proceeding with designated public facilities projects prior to the collection of all anticipated impact fees for that project. Impact fee revenues and interest earned on impact fee revenues may be expended only for the particular capital costs for which the impact fee was imposed, unless the fee is refunded, along with any accumulated interest, under §
411-4B.
[Amended 12-18-2012 by Ord. 1103 ]
All required impact fees shall be payable in full by the developer
or the property owner to the City Clerk prior to the issuance of a
building permit.
A. Annexations.
(1) Any property or parcel of land annexed by the City of Lake Mills
is subject to the payment of sanitary sewer and water impact fees
under the conditions set forth in this section. Properties annexed
are benefited by the availability of sanitary sewer and the water
distribution system.
(2) Any property annexed by the City of Lake Mills which is developed
and currently connected to the sanitary sewer system is exempt from
the sanitary sewer impact fee.
(3) Undeveloped property annexed to the City of Lake Mills is subject
to the payment of sanitary sewer and water impact fees at the time
of development. Time of development is defined as the date of application
for any and all applicable building permits.
(4) Payment of impact fees for developed property requesting annexation
shall be paid prior to the final action of the City Council on the
annexation petition.
B. Existing laterals.
(1) Undeveloped land. Undeveloped land which has existing water and/or
sanitary sewer laterals shall pay impact fees at the time of issuance
of a building permit. This applies to undeveloped land in the City
of Lake Mills and to undeveloped land outside the City which is within
the sanitary sewer service area.
(2) Previously developed land. Land which has existing sanitary sewer
and/or water laterals due to previous development are exempt from
the payment of impact fees only if the lateral(s) have been unused
for less than one year as of the date of application for a building
permit. In the event the laterals have been unused one year or more,
impact fees for sanitary sewer and/or water shall be paid prior to
the issuance of a building permit. In the event a building permit
is not required, the impact fees shall be paid prior to the initiation
of service.
[Amended 2-2-2010 by Ord.
No. 1057C; 5-3-2016 by Ord. No. 1163]
The basis for the imposition of sanitary sewer impact fees, and the establishment of sanitary sewer impact fee zones, is the "Sanitary Sewer Public Facilities Needs Assessment and Impact Fee Study Update" prepared for the City of Lake Mills in December 2015, and which is on file in the office of the City Clerk. The sanitary sewer impact fees, are shown below for each impact fee zone, which are generally depicted in the Impact Fee Zones Map 2, which is incorporated herein by reference. The sanitary sewer impact fees are subject to annual adjustments based on the consumer price index, and are to be paid in accordance with §
411-6. The original, unadjusted sanitary sewer impact fees are shown in Subsections A through E and are updated each July by resolution of the Council. Each dwelling unit in a multifamily structure shall be treated as an individual one-inch connection.
A. Red Zone.
|
Meter Sizes
(inches)
|
Impact Fee
|
---|
|
5/8
|
$770
|
|
3/4
|
$770
|
|
1.0
|
$1,284
|
|
1.25
|
$1,798
|
|
1.50
|
$2,311
|
|
2.00
|
$3,467
|
|
3.00
|
$6,035
|
|
4.00
|
$9,501
|
|
Greater than 4.0
|
As determined by the Public Works Board
|
B. Yellow Zone.
|
Meter Sizes
(inches)
|
Impact Fee
|
---|
|
5/8
|
$1,156
|
|
3/4
|
$1,156
|
|
1.0
|
$1,926
|
|
1.25
|
$2,696
|
|
1.50
|
$3,467
|
|
2.00
|
$5,200
|
|
3.00
|
$9,052
|
|
4.00
|
$14,251
|
|
Greater than 4.0
|
As determined by the Public Works Board
|
C. Purple Zone.
|
Meter Sizes
(inches)
|
Impact Fee
|
---|
|
5/8
|
$1,156
|
|
3/4
|
$1,156
|
|
1.0
|
$1,926
|
|
1.25
|
$2,696
|
|
1.50
|
$3,467
|
|
2.00
|
$5,200
|
|
3.00
|
$9,052
|
|
4.00
|
$14,251
|
|
Greater than 4.0
|
As determined by the Public Works Board
|
D. Blue Zone.
|
Meter Sizes
(inches)
|
Impact Fee
|
---|
|
5/8
|
$3,860
|
|
3/4
|
$3,860
|
|
1.0
|
$6,434
|
|
1.25
|
$9,008
|
|
1.50
|
$11,581
|
|
2.00
|
$17,372
|
|
3.00
|
$30,240
|
|
4.00
|
$47,611
|
|
Greater than 4.0
|
As determined by the Public Works Board
|
E. All other areas.
|
Meter Sizes
(inches)
|
Impact Fee
|
---|
|
5/8
|
$96
|
|
3/4
|
$96
|
|
1.0
|
$159
|
|
1.25
|
$223
|
|
1.50
|
$287
|
|
2.00
|
$430
|
|
3.00
|
$749
|
|
4.00
|
$1,180
|
|
Greater than 4.0
|
As determined by the Public Works Board
|
F. These fees do not apply in cases where an existing building is being
hooked up to an existing sewer lateral or to a sewer lateral that
has been replaced or repaired, unless the size of the meter is increased.
In cases where an increase in the meter occurs, the differential between
the existing sewer service and the expanded sewer service shall be
the basis for determining the applicable impact fee, and such determination
shall be made by the Public Works Board. If such fee becomes applicable,
it shall be payable prior to the issuance of a building permit. If
no building permit is issued, then such fee shall be payable prior
to the issuance of any other required permits from the City of Lake
Mills.
G. These fees shall be increased by resolution on July 1 of each year
by a percentage amount equal to the consumer price index from the
previous calendar year.
H. These impact fees shall be applicable to those properties which are
located in the unincorporated areas identified in the City of Lake
Mills sewer service area and which are required under § 623-20Ato
connect to sanitary sewer.
[Amended 2-2-2010 by Ord.
No. 1057C]
The basis for the imposition of water impact fees is the facilities needs assessment report and its attachments, "Water Facilities Needs Assessment," which is on file in the office of the City Clerk. The water impact fees, where were originally imposed on June 15, 1995, and which are subject to annual adjustments based on the consumer price index, are to be paid in accordance with §
411-6.
A. The original, unadjusted water impact fees are shown below, and are
updated each July by resolution of the Council.
|
Meter Sizes
(inches)
|
Impact Fee
|
---|
|
1.0
|
$1,596
|
|
1.25
|
$3,711
|
|
1.5
|
$5,826
|
|
2.0
|
$10,055
|
|
Greater than 2.0
|
As determined by the Public Works Board
|
|
Each dwelling unit in a multifamily structure shall be treated
as an individual one-inch connection.
|
B. These fees do not apply in cases where an existing building is being
hooked up to an existing water lateral or to a water lateral that
has been replaced or repaired, unless the size of the meter is increased.
In cases where an increase in the meter occurs, the differential between
the existing water service and the expanded water service shall be
the basis for determining the applicable impact fee, and such determination
shall be made by the Public Works Board. If such fee is found to be
applicable, it shall be payable prior to the issuance of a building
permit, or if no building permit is issued or required, then prior
to any other necessary permit.
C. These fees shall be increased by resolution on July 1 of each year
by a percentage amount equal to the consumer price index from the
previous calendar year.
D. These impact fees shall be collected until all capital costs associated with specified projects in the "Water Facilities Needs Assessment" report have been incurred and satisfied, unless such time period for collection or expenditure has been varied through §
411-4 and Wis. Statutes § 66.0617.
[Amended 2-2-2010 by Ord.
No. 1057C]
E. In determining the time periods for expending water impact fees collected
for capital costs for which the impact fees have been imposed, the
City Council has considered and determined the appropriate planning
and financing periods to be as follows:
[Amended 2-2-2010 by Ord.
No. 1057C]
(1) For the construction of the water tower (elevated tank) and well
#6, and the water mains associated therewith, the appropriate period
of time for continued collection of water impact fees shall be until
the financing of these projects has been fully paid. The construction
of all water impact fee-related projects have been fully completed
prior to 2008.
(2) It is estimated that the bond and loans to fund these projects should
be fully satisfied by no later than April 10, 2026.
Nothing in this section shall limit the authority of the City
to impose land dedication requirements contained elsewhere in the
Code on developers as part of plat and certified survey map approvals
under Ch. 236, Wis. Stats. Notwithstanding the intent to impose land
dedication requirements on developers, separate park impact fees shall
be imposed on property owners in accordance with § 66.0617,
Wis. Stats. Any dedication of land required by the developer shall
be credited to landowners who shall be required under this chapter
to pay park facilities impact fees if any such impact fee would be
used to pay for the same capital costs for which the land dedication
is required of the developer under Ch. 236.
A. The basis for the imposition of a parks facilities impact fee is
the facilities needs assessment report and its attachments, "Park
Facility Needs Assessment," which is on file in the office of the
City Clerk. The parks facility impact fee was originally imposed and
computed on July 15, 1995, to be $543. The park facilities impact
fee is to be paid prior to the issuance of a building permit. Each
unit in a multifamily structure shall be treated as an individual
dwelling unit for the purposes of determining the impact fee.
[Amended 2-2-2010 by Ord.
No. 1057C]
B. These fees shall be increased by resolution by July 1 of each year
by a percentage amount equal to the Consumer Price Index from the
previous calendar year.
C. These impact fees shall be collected until all capital costs associated with specified projects in the "Parks Facilities Needs Assessment" report have been incurred and satisfied, unless such time period for collection or expenditure of individual fees has been varied by §
411-4 and Wis. Statutes § 66.0617.
[Amended 2-2-2010 by Ord.
No. 1057C]
D. In determining the length of the time periods for expending park
facility impact fees collected for capital costs for which the impact
fees have been imposed, the City Council has considered and determined
the appropriate planning and financing periods to be as follows:
[Amended 2-2-2010 by Ord.
No. 1057C]
(1) The construction of two soccer fields, one parking lot, two softball
fields, and the equipping of one playground at what has become known
as Wallace Park are the remaining projects to be funded by impact
fees in the Park Facilities Needs Assessment, and as of 2006, these
projects had not yet been completed.
(2) It is estimated that the costs and loans to fund these projects from
park impact fees should be fully satisfied by no later than April
11, 2021.
[Amended 4-1-2008 by Ord.
No. 1029]
A community center is defined as a recreational facility and
is therefore subject to funding through impact fees under the provisions
of Wis. Stats. § 66.0617. The basis for the imposition of
a community center impact fee is the Facilities Report for the City
of Lake Mills, dated February 27, 1995, and its attachments, which
is on file in the office of the City Clerk. The community center impact
fee originally imposed in 1996 was $167 per residential dwelling unit
and is to be paid prior to the issuance of applicable building permits.
Each unit in a multifamily structure shall be treated as an individual
dwelling unit for the purposes of determining this impact fee.
A. These fees have been and will continue to be increased by resolution
on July 1 of each year by a percentage amount equal to the consumer
price index from the previous calendar year.
B. This impact fee shall be collected until all capital costs associated
with specified projects in the "Facilities Assessment" report have
been satisfied. The Community Center was constructed in 1998 and was
substantially complete in 1999, and the fees may be collected no later
than December 31, 2018, to pay for the financing of the portion of
capital costs of the construction of the community center which were
attributable to development.
[Amended 2-2-2010 by Ord.
No. 1057C]