[HISTORY: Adopted by the Village Board of the Village of
Grafton by Ord. No. 017, Series 2001 (Title 3, Ch. 3.44, of the 1979 Code); amended
in its entirety 2-20-2017 by Ord.
No. 001-2017. Subsequent amendments noted where
applicable.]
In order to provide for the capital costs for the construction,
expansion and improvement of public facilities, including the cost
of land, legal, engineering and design costs to serve growth in the
Village of Grafton's population, there are hereby imposed the following
impact fees upon developers to pay for the capital costs that are
necessary to accommodate land development in compliance with the requirements
of § 66.0617, Wis. Stats.
The provisions of this chapter shall be applicable as follows:
A.
Applicability to all land development for which an impact fee has
not been collected. The provisions of this chapter shall be applicable
to all land development for which an impact fee has not been collected
by the Village prior to July 5, 1995.
B.
Effects upon all building permits issued prior to chapter effective
date. All building permits issued prior to the effective date of this
chapter shall not be affected by this chapter, except as follows:
1.
Nothing in this chapter or any amendment thereto shall be deemed
to require any change in the plans, construction or designated use
of any building or structure if a building permit (also see Subsection
B.2 of this section) for such building or structure was lawfully and
properly issued prior to the effective date of this chapter, or any
such amendment thereto, and such building permit and/or certificate
of occupancy had not by its own terms expired prior to such effective
date of this chapter, and construction pursuant to such building permit
is commenced prior to the expiration date of such building permit.
2.
Where a building permit for a building or structure has been issued
in accordance with law prior to the effective date of this chapter,
and provided that construction is begun within 90 days of such effective
date and the exterior of the building or structure is completed within
six months of such effective date, said building or structure may
be completed in accordance with the approved plans on the basis of
which the building permit has been issued; and further, may, upon
completion, be occupied under a certificate of occupancy by the use
for which originally designated, subject thereafter to the provisions
of the Village of Grafton Code.
C.
Pending applications. This chapter and any amendment thereto shall
apply to all applications for land development pending and not finally
decided on the effective date thereof to which it would apply if such
applications were filed on or after such effective date.
As used in this chapter, the following terms shall have the
meanings indicated:
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 the political subdivision can
demonstrate that its legal, engineering and design costs which relate
directly to the public improvement for which the impact fees were
imposed exceed 10% of capital costs. "Capital costs" does not include
other non-capital costs to construct, expand or improve public facilities,
vehicles; or the costs of equipment to construct, expand or improve
public facilities.
A person that constructs or creates a land development.
Cash contributions, contributions of land or interests in
land, or any other items of value that are imposed on a developer
by a political subdivision under this chapter.
The construction or modification of improvements to real
property that creates additional residential dwelling units within
a political subdivision or that results in nonresidential uses that
create a need for new, expanded or improved public facilities within
a political subdivision.
A city, village, town or county.
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 stormwater 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. With regard to impact fees that were first imposed before
June 14, 2006, "public facilities" includes other recreational facilities
that were substantially completed by June 14, 2006.
A geographic area delineated by a political subdivision 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 political subdivision.
The amount of impact fees to be collected for each residential dwelling unit created after the effective date of this chapter shall be in an amount as specified under §§ 3.44.090, 3.44.092, 3.44.094, 3.44.096 and 3.44.098 of this chapter. The amount of impact fees to be collected for commercial, industrial and institutional development shall be in accordance with the amount specified under §§ 3.44.094, 3.44.096 and 3.44.098 of this chapter.
A.
Determination. Impact fee amounts shall be determined from time to
time and shall be based upon detailed estimates of the capital costs
of providing new public facilities or the improvement or expansion
of existing public facilities which will be required because of land
development, in accordance with § 66.0617, Wis. Stats. Such
determination shall include an estimate of the effect of the impact
fees on the availability of affordable housing within the Village.
The full amount of the impact fee shall be determined based upon the
number of residential dwelling units created.
B.
Guidelines and criteria for the impact fees imposed by this chapter.
The impact fees imposed by this chapter:
1.
Shall bear a rational relationship to the need for new, expanded
or improved public facilities that are required to serve land development.
2.
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 political subdivision.
3.
Shall be based upon actual capital costs for new, expanded or improved
public facilities.
4.
Shall be reduced to compensate for other capital costs imposed by
the Village 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 dedication under Ch. 236,
Wis. Stats., or any other items of value.
5.
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.
6.
May not include amounts necessary to address existing deficiencies
in public facilities.
7.
Shall be payable by the developer or the property owner to the political
subdivision in full upon the issuance of a building permit by the
political subdivision.
A.
The payment of all fees imposed
by this chapter shall be at the time of building permit issuance.
The Village Clerk shall be notified in writing by the Building Inspection
Department when a building permit is issued that will require the
collection of an impact fee. The required fee shall be paid to the
Village Finance Department, which shall notify the Village Clerk of
said payment.
B.
The payment of impact fees imposed by this chapter shall apply to
the following types of development:
Impact fees shall be placed in segregated, interest-bearing
accounts as follows:
A.
Revenues from impact fees collected to be placed in segregated, interest-bearing
accounts. Revenues from impact fees collected pursuant to this chapter
shall be placed in an interest-bearing account and each service area
district or zone as established in this chapter shall be individually
accounted for.
B.
Expenditure of impact fee funds. All funds collected from land development
activities within a given service area district or zone, and interest
thereon, shall be expended only within that service area district
or zone and only for capital costs for which they were imposed.
The impact fees imposed by this chapter shall be used or refunded
based upon the provisions of Wisconsin Act 44, which became effective
on January 19, 2008. The Act established the following timeline for
the use or refund of the impact fees imposed by this chapter:
A.
Police facility impact fees - approved December 20, 2004.
1.
Fees collected before April 11, 2006, must be used not later than
the first day of the 120th month beginning after the date on which
the fee was collected.
2.
Fees collected after April 10, 2006, and collected within seven years
of the effective date of the ordinance imposing the fee must be used
within 10 years after the effective date of the ordinance.
3.
Fees collected after April 10, 2006, and collected more than seven
years after the effective date of the ordinance imposing the fees
must be used within a reasonable period of time after collected.
B.
Department of Public Works facility impact fees - approved December
5, 2005.
1.
Fees collected before April 11, 2006, must be used not later than
the first day of the 120th month beginning after the date on which
the fee was collected.
2.
Fees collected after April 10, 2006, and collected within seven years
of the effective date of the ordinance imposing the fee must be used
within 10 years after the effective date of the ordinance.
3.
Fees collected after April 10, 2006, and collected more than seven
years after the effective date of the ordinance imposing the fees
must be used within a reasonable period of time after collected.
A.
The Village of Grafton has prepared a 2020 Village of Grafton Park
and Recreational Facilities Impact Fee Needs Assessment, based upon
the 2020 Comprehensive Outdoor Recreation Plan.
[Amended 10-5-2020 by Ord. No. 014-2020]
B.
The study evaluated the current park and recreational facilities
and new facilities needed to support anticipated growth within the
community. Park and recreational facilities needs within the Village
of Grafton are based on per capita standards, as established in the
2020 Comprehensive Outdoor Recreation Plan.
[Amended 10-5-2020 by Ord. No. 014-2020]
C.
Each single-family residential unit constitutes one residential equivalent
unit (REU), whether located within a one-family, multifamily, condominium,
cooperative, rental or owner-occupied unit. Impact fees for park and
recreational facilities will be assessed only to residential uses
since the demand for these public facilities is generally utilized
by the residential portion of the community.
The Village of Grafton, in response to the 2001 Village of Grafton
Police Department Space Needs Study, has prepared a Police Facility
Needs Assessment, which is on file in the Village Clerk's office.
In accordance with § 66.0617, Wis. Stats., the police station
needs assessment evaluates the physical adequacy of the original facility
as well as a projection of the future needs based on forecasted growth.
The Police station needs assessment considers any deficiencies that
may have existed in the original police station facility as well as
the recommended police station expansion in order to compensate for
new development. The police station facility needs assessment was
utilized as a primary source for forecasting the future demands for
public services from projected residential and nonresidential development
and to determine the costs that shall be recovered from this new growth
in the form of an impact fee.
The Village of Grafton, in response to the 2003 Village of Grafton
Public Works Department Space Needs Study, has prepared a Public Works
Transportation Facility Needs Assessment and Impact Study, which is
on file in the Village Clerk's office. In accordance with § 66.0617,
Wis. Stats., the Public Works Department needs assessment evaluates
the physical adequacy of the original facility as well as a projection
of the future needs based on forecasted growth. The Public Works Department
needs assessment considers any deficiencies that may have existed
in the original public works facility as well as the recommended public
works facility expansion in order to compensate for new development.
The Public Works Transportation Facility needs assessment was utilized
as a primary source for forecasting the future demands for public
services from projected residential and nonresidential development
and to determine the costs that shall be recovered from this new growth
in the form of an impact fee.
[Amended 8-6-2018 by Ord.
No. 004-2018; 10-5-2020 by Ord. No. 014-2020]
The developer or the owner shall pay to the Village a park, playground and land for athletic field impact fee for each dwelling unit that has been issued a building permit. The amount of the impact fee shall be as indicated in the 2020 Village of Grafton Park and Recreational Facilities Impact Fee Needs Assessment and updated annually per § 3.44.110. If the land is suitable for the dedication and development of a public park, playground or land for athletic field, as determined by the Village Board, the above impact fee shall be reduced by an amount as determined by the Village Board by subtracting the value of any lands dedicated within the land development for public park, playground or land for athletic field purposes.
A.
The following fees schedule is the amount as set by the Village Board
upon creation of the Police Station Facility impact fee. This amount
shall be adjusted annually based upon the current year's Consumer
Price Index (CPI) and shall be utilized for the imposition of Police
Station Facility impact fees:
B.
The fees imposed by this section shall apply to any and all land development projects that occur following the effective date of this chapter. In addition, the fees imposed by this section shall apply to land development projects that were approved prior to the effective date of this chapter but that have not been signed and/or recorded as of the date of the adoption of this chapter. The fees imposed herein shall be paid according to § 3.44.050 of this chapter.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
A.
The following fees schedule is the amount as set by the Village Board
upon creation of the Public Works Facility impact fee. This amount
shall be adjusted annually based upon the current year's Consumer
Price Index (CPI) and shall be utilized for the imposition of Public
Works Facility impact fees:
B.
The fees imposed by this section shall apply to any and all land development projects that occur following the effective date of this chapter. In addition, the fees imposed by this section shall apply to land development projects that were approved prior to the effective date of this chapter but that have not been signed and/or recorded as of the date of the adoption of this chapter. The fees imposed herein shall be paid according to § 3.44.050 of this chapter.
Any single-family land development for which fees for parks,
playgrounds, or land for athletic fields have been paid prior to May
1, 1995, pursuant to the provisions and requirements of the Village
of Grafton Municipal Code as said Municipal Code existed prior to
May 1, 1995, shall be exempt from the impact fees imposed under this
chapter.
The Village Board may consider a written request from a developer
of low-cost housing to exempt or reduce the amount of the impact fee
on a land development that provides low-cost housing. Low-cost housing
is defined as any housing in which the resident's income is restricted
by law to not more than 80% of Ozaukee County's median income. The
Village Board shall prepare written findings justifying its decision
on any such request. Should a request be approved by resolution of
the Village Board the Village shall not shift the reduced impact fee
to any other development in the land development in which the low-cost
housing is located or any other land development in the Village.
The impact fees imposed in this chapter for parks, playgrounds
and land for athletic fields, police station facilities and public
works facilities shall be automatically adjusted, without further
Village Board action, during the first quarter of each year by the
percentage equal to that of the rate of consumer inflation based upon
the percent of change of the yearly Consumer Price Index for the previous
year for the Milwaukee Metropolitan Area as reported by the U.S. Department
of Labor, Bureau of Labor Statistics. The Village Director of Administrative
Services, or the Village Director of Administrative Services' designee,
shall determine such adjustment and maintain a copy of the said Consumer
Price Index upon which such adjustment was made in the Village Department
of Finance.
All fees collected and special accounts maintained under this
chapter shall be subject to administration by the Village Director
of Administrative Services.
A.
Report required. Commencing with the calendar year subsequent to
the effective date of this chapter, the Village Director of Administrative
Services shall report annually to the Village Board with regard to
all deposits, withdrawals, and fund balances in regard to impact fees.
The purpose of the annual report is to provide the Village Board with
information necessary to determine that all funds collected are spent
within a reasonable amount of time pursuant to this chapter, for the
purposes intended, and that the amount of the fees imposed continues
to represent an equitable and reasonable apportionment of the cost
of public facilities for land development.
B.
Refunds. Should the Village Board determine that any refunds be made,
such refund shall be made by the Village Director of Administrative
Services proportionally to the current owner(s) of the lot(s), parcels(s),
or dwelling unit(s), as applicable, and taking into account the time
and amount of fees paid for such lot(s), parcels(s), or dwelling unit(s),
as applicable.
Any developer who disputes the amount, collection or use of
the impact fees provided for herein shall have the right to appeal
to the Village Board, and the procedure for such appeal shall be as
follows:
A.
Appeal initiation and appeal application fee. An appeal shall be
initiated by filing a written notice of appeal with the Village Clerk
accompanied by an appeal application fee in the amount of $125 plus
postage.
B.
Content of the written notice of appeal. The written notice of appeal
shall include the name, address and telephone number of the developer;
the legal description of the land development for which the impact
fee is imposed and the appeal is requested; the number of residential
dwelling units being created; the amount and nature of the impact
fee imposed; and the specific objections to the amount of the impact
fee, collection of the impact fee, or the use of the impact fee.
C.
Hearing the appeal. Upon receipt of the written notice of appeal
and appeal application fee, the Village Clerk shall schedule a special
meeting of the Village Board for the special purpose of hearing the
appeal. Such special meeting shall be scheduled not more than 30 days
from the date of the receipt of the written notice of appeal unless
a later date for the hearing is agreed to by the developer in writing.
D.
Conduct of the appeal proceedings. The developer may present such
oral and documentary evidence as the developer may desire upon the
hearing and the Village Plan Commission may similarly submit evidence
in support of the impact fee(s). All proceedings shall be electronically
recorded or taken by a court reporter, at the option of the developer.
If a court reporter is requested, the developer shall pay the costs
thereof.
E.
Village Board determination. The Village Board shall make its determination
based upon the evidence presented and shall issue its decision in
writing within 20 days of the hearing.
F.
Certification to the Ozaukee County Circuit Court. The decision of
the Village Board may be certified to the Ozaukee Circuit Court as
a special writ for judicial review.
