[HISTORY: Adopted by the Village Board of the Village of
Fox Crossing 7-13-2020 by Ord.
No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from Ch. 14 of the former
Municipal Code, adopted 3-23-2009.
Pursuant to the authority of § 66.0617, Wis. Stats.,
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 an appropriate share of the cost
of capital expenditures necessary to provide public facilities within
the Village of Fox Crossing and its service areas, as they are required
to serve the needs arising out of the land development.
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 municipality 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 noncapital
costs to construct, expand or improve public facilities; vehicles;
or the costs of equipment to construct, expand or improve public facilities.
Any man-made change to improved or unimproved real property,
the use of any principal structure or land or any other activity that
requires issuance of a building permit.
Cash contributions, contributions of land or interest in
land, or any other items of value that are imposed on a developer
by the Village pursuant to § 66.0617, Wis. Stats.
The construction or modification of improvements to real
property that creates additional residential dwelling units within
the Village or its service areas or that results in nonresidential
uses that create a need for new, expanded or improved public facilities
within the Village or its service areas.
For purposes of this chapter, as defined in § 66.0617(1)(f),
Wis. Stats., means fire protection facilities, emergency medical facilities
and parks, playgrounds and land for athletic fields.
A geographic area delineated by the Village Board within
which the Village provides public facilities and for the purpose of
this chapter includes the entire Village of Fox Crossing.
The Village of Fox Crossing.
A.
Pursuant to this chapter, impact fees are hereby imposed on new development
to recover the costs for fire protection and emergency medical facilities
and park facilities.
B.
Funds collected from impact fees shall be used solely for the purpose
of paying the proportionate costs of providing public facilities that
may 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, to reimburse the Village or utility
for advances of other funds or reserves, and such other purposes consistent
with § 66.0617, Wis. Stats., which are recorded and approved
by the Village Board.
The basis for the imposition of the fire impact fees is the
facilities needs assessment titled "Report on Fire Impact Fees and
Public Needs Assessment" prepared by Virchow, Krause and Company,
LLP on June 14, 2006, which is on file in the office of the Village
Clerk of the Village of Fox Crossing. These impact fees shall be collected
until the capital costs associated with the projects specified in
the Report on Fire Impact Fees and Public Needs Assessment have been
incurred and satisfied ("satisfied" includes the full repayment of
any debt of the Village related to the projects). The amount of the
fee imposed shall be in accordance with the Village of Fox Crossing
Fee Schedule.
The basis for the imposition of a park facilities impact fee
is the Public Facilities Needs Assessment prepared by Municipal Economics
and Planning, a division of Ruekert/Mielke, in September of 2008 which
is on file in the office of the Village Clerk of the Village of Fox
Crossing. These impact fees shall be collected until the capital costs
associated with the projects specified in the Public Facilities Needs
Assessment have been incurred and satisfied ("satisfied" includes
the full repayment of any debt of the Village related to the projects).
The amount of the fee imposed shall be in accordance with the Village
of Fox Crossing Fee Schedule.
A.
Revenues from impact fees shall be placed in segregated, interest-bearing
accounts and shall be accounted for separately from other Village
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.
B.
Impact fees imposed and collected by the Village under this chapter
shall be used within the time limits defined by § 66.0617(9),
Wis. Stats., by the Village to pay the capital costs of the public
facilities for which they were imposed or, in the alternative, refunded
to the current owner of the real property with respect to which the
impact fees were imposed along with any interest that has accumulated.
Specifically, the time limits shall be as follows:
(1)
With regard to impact fees collected before January 1, 2003, not
later than December 31, 2012.
(2)
With regard to impact fees collected after December 31, 2002, and
before April 11, 2006, not later than the first day of the 120th month
beginning after the date on which the fee was collected.
(3)
With regard to impact fees collected after April 10, 2006, but within
seven years of the effective date of the ordinance enacting the impact
fees, 10 years after the effective date of the ordinance enacting
the impact fees.
(4)
With regard to impact fees collected after April 10, 2006, but more
than seven years after the effective date of the ordinance enacting
the impact fees, 15 years after the date on which the fee was collected.
(5)
With regard to impact fees collected within seven years after the
effective date of the ordinance enacting impact fees, 10 years after
the effective date of the ordinance enacting impact fees.
(6)
With regard to impact fees collected more than seven years after
the effective date of the ordinance enacting impact fees, 15 years
after the date on which the fee was collected.
A.
All required impact fees shall be payable by the developer or the
property owner to the municipality in full at the issuance of a building
permit.
B.
All building permits are deemed to be issued subject to the payment
of the fee. Failure to pay impact fees in compliance with this chapter
shall be cause for the revocation of a building permit.
C.
Representation of values at the time of the issuance of a building
permit or certificate of use and occupancy which represents an underestimation
of more that 10%, upon which an impact fee has been calculated, shall
be cause for the Village to give notice to the developer or owner
that the impact fees require recalculation. Said notice shall be given
not later than November 1 of the first year of the full value assessment.
The Village shall give notice of the recalculation and that the additional
calculation represents a special charge related to the property. Failure
to pay within 14 days of the notice shall be cause for the Village
to place the charge and administrative costs on the tax bill as a
special charge.
The payment of an impact fee imposed under this chapter may
be contested as to the amount, collection or use of the impact fee
to the Village Board, provided that the applicant files a written
notice of appeal in the Village Clerk's office within 30 days of payment
of the impact fee. Such notice of appeal shall be titled "Notice of
Appeal of Impact Fee" and shall state the applicant's name, address,
and 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 the 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 practical 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 10 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.
All fees collected and special accounts maintained under this
chapter shall be subject to administration by the Village Treasurer.
The Treasurer shall report annually to the Village Board with regard
to all deposits, withdrawals and fund balances in these accounts.
The purpose of the annual report is to provide the Village Board with
information necessary to determine that all funds collected are spent
within the time required for the purpose intended and that the amount
of fees imposed continues to represent an equitable and reasonable
apportionment of the cost of public improvements and requirements
generated by land development. Upon such considerations and for such
purposes, the Village Board may make reasonable adjustments to the
amount of such fees and determine whether there exists any reasonable
need for refund of fees previously collected. The impact fees imposed
under this chapter shall be increased annually at a rate equal to
the percentage change in the Engineering News Record Construction
Cost Index for the previous 12 months, with the adjustment effective
January 1 of each year. The Village Treasurer or designee shall calculate
the adjusted fees and maintain a copy of the calculation and the adjusted
impact fees in the office of the Village Clerk. The revenue and expenditure
totals for each impact fee must also be included in the Village's
annual budget, and a summary of the revenue and expenditure totals
for each impact fee must also be made available in the Village's annual
budget summary required under § 65.90(3)(a), Wis. Stats.
If any section, phrase, sentence, or portion of this chapter
is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision, and such holding shall not affect the validity
of the remaining portions thereof.
