[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as Ch. 25 of the 2011 Code. Amendments noted where applicable.]
There are hereby established geographically defined zones. These
zones shall be known as service areas within which it will be necessary
to install new public facilities or expand existing public facilities
as a result of land development. The service areas which are to be
served by public water facility improvements are shown in Exhibit
A (not included herein).[1]
[1]
Editor's Note: Exhibit A is on file in the Village Clerk's
office.
A.
In accordance
with state statutes, the Village of Williams Bay does adopt the following
standards for impact fees imposed under this chapter. Impact fees
adopted by the Village of Williams Bay:
(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 include amounts for an increase in service capacity greater than
the capacity necessary to serve the development for which the fee
is imposed.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
(3)
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 municipality.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Shall be based upon actual capital costs or reasonable estimates
of capital costs for new, expanded or improved public facilities.
(5)
Shall be reduced to compensate for other capital costs imposed by
the municipality 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 dedications under Ch. 236,
Wis. Stats., or any other items of value.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(7)
May not include amounts necessary to address existing deficiencies
in public facilities.
(8)
May
not include expenses for operation or maintenance of a public facility.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
(9)
Shall be payable by the developer to the municipality, in full, before
a building permit may be issued or other required approval may be
given by the municipality.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Impact
fees shall be determined upon a residential unit basis with a single-family
residence being a unit of one. The number of residential units for
all properties shall be assigned in accordance with the schedule contained
in Exhibit B.[1]
[1]
Editor's Note: Exhibit B is included as an attachment to this chapter.
A.
The impact fee for water supply, treatment and storage is adopted
in the following amount: $3,147.50 per residential unit.
[Amended 6-6-2022 by Ord. No. 2022-08]
B.
These fees are to be adjusted annually and approved by the Village
Auditor, effective each January 1, based on the lesser of the actual
cost of the improvements or updated estimates thereof. In updating
such estimates, the Village may use its prior year's average investment
rate less 2% as an escalator in lieu of new engineering estimates.
Impact fees shall come due and payable either in full or in
installment payments as approved by the Village Board before a building
permit may be issued.
No exemption or reduction in the amount of said fee shall be
made on land development that provides for low-cost housing.
There are hereby established impact fee funds for each of the
categories of impact fees. Revenues from said funds shall be placed
in segregated, interest bearing accounts and shall be accounted for
separately from all other funds of the Village. Revenues from said
funds, including impact fee revenues and interest earned on impact
fee revenues, may be expended only for capital costs for which the
impact fees were imposed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Impact fees that are imposed and collected by the Village of
Williams Bay but not used within a reasonable time period after which
they are collected shall be refunded to the current owner of property
with respect to which the impact fees were imposed. The Village hereby
determines that a reasonable time period for improvements shall be
considered as eight years.
A developer upon whom an impact fee is imposed has the right
to contest the amount, collection, or use of the impact fee to the
Village Board of the Village of Williams Bay. The appeal process shall
be as follows:
A.
Review of initial determination.
(1)
Any developer wishing to contest the amount, collection, or use of
the impact fee imposed upon him or her as a condition of obtaining
a building permit shall, within 30 days of the imposition of the impact
fee upon the developer by the Village of Williams Bay, file with the
Building Inspector a request for review of such impact fee imposition.
The request for review shall state the ground or grounds upon which
the developer contends that the imposition of the impact fee in amount,
in collection, or in use is improper. The Building Inspector shall
review the initial determination to impose the impact fee that is
the subject of contest within 30 days of receipt of a request for
review. The Building Inspector shall ascertain and determine whether
the initial imposition of the impact fee in amount, collection, or
use thereof was made in accordance with this chapter and shall mail
or deliver to the person contesting the said impact fee a copy of
the Building Inspector's determination.
(2)
The Building Inspector shall also file a copy of his determination
with the Village Board. If the Building Inspector determines the imposition
of the impact fee was not made in accordance with this chapter, he
shall correct the imposition of the impact fee as necessary to conform
to this chapter. The determination shall advise the person aggrieved
of the right to appeal the determination. Appeal from a determination
on review under this subsection shall be taken within 30 days of notice
of such determination.
B.
Appeal to Village Board. An appeal of the amount, collection or use
of the impact fee and the review of the initial determination made
by the Building Inspector and the Building Inspector's determination
to the Village Board may be taken by filing with or mailing to the
office of the Village Clerk within 30 days of notice of the Building
Inspector's determination a written notice of appeal. The building
builder or developer contesting the amount, collection or use of the
impact fee may file with the notice of appeal written evidence and
argument in support of the builder's or developer's position with
regard to the imposition of the impact fee. The Village shall provide
the appellant a hearing before the Village Board within 30 days of
receipt of the notice of appeal filed or made in accordance with the
requirements of this subsection and shall serve the appellant with
notice of such hearing by mail or personal service at least 10 days
before such hearing.
C.
Conduct of hearing. At the hearing, the appellant and the Village
may be represented by an attorney and may present evidence and call
and examine witnesses and cross examine witnesses of the other party.
Such witnesses shall be sworn by the Village Clerk. The hearing will
be held before the Village Board which shall make the decision on
appeal. The Village Board may issue subpoenas. An appellant's attorney
of record may issue a subpoena to compel the attendance of a witness
or the production of evidence. The proceedings shall be taken by a
recording device, the expense thereof to be paid by the Village.
D.
Final determination. Within 30 days of completion of the hearing
and the filing of briefs, if any, the Village Board shall mail or
deliver to the appellant its written determination stating the reasons
therefor. Such determination shall be a final determination.
E.
Judicial review. Any party to a proceeding resulting in a final determination
may seek review thereof by certiorari to the Circuit Court within
30 days of receipt of the final determination. The Court may affirm
or reverse the final determination, or remand to the Village Board
for further proceedings consistent with the Court's decisions. If
review is sought of a final determination, the record of the proceedings
shall be transcribed at the expense of the person seeking review.
By stipulation, the Court may order a synopsis of the proceedings
in lieu of a transcript. The Court may otherwise limit the requirement
for a transcript.
