[Ord. No. 871, § II, 10-1-2013]
(a) 
This division imposes impact fees, in order to regulate the effect of development on public facilities, and to help finance public facilities, the demand for which is generated by new development in the Village.
(b) 
Impact fees shall be imposed for library, police protection, fire protection, park facilities, water service facilities and sewer service facilities.
[Amended 5-20-2020 by Ord. No. 980]
(c) 
This division is authorized under W.S.A., § 66.0617.
[Ord. No. 871, § II, 10-1-2013]
The definitions set forth in W.S.A., § 66.0617(1), and any amendments thereto, are hereby incorporated and made a part of this ordinance as if fully set forth herein. In addition, the following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BUILDING PERMIT
Any permit required for new construction and additions pursuant to Chapter 18 of this Code.
CAPITAL BUDGET
A plan for capital expenditures, including commitments, to be incurred during the budget year.
MIXED USE DEVELOPMENT
Local use of land involving both residential and nonresidential development.
NONRESIDENTIAL DEVELOPMENT
Any local use of land for primarily industrial, institutional or commercial purposes, or which does not fall within the definition of residential development.
PLUMBING PERMIT
Any permit required under this Code for connections to the Village's water or sewer system.
RESIDENTIAL DEVELOPMENT
The use of land for the primary purpose of housing accommodations.
RESIDENTIAL EQUIVALENT CONNECTION (REC)
A unit of measure for water and sewer related impact fees equivalent to the amount of water capacity needed to supply one residential dwelling unit. A REC as used herein, shall be equal to 54,750 gallons per year.
SUBDIVISION PLAT
A preliminary or final map of a subdivision showing the salient features of a proposed subdivision and which is submitted to the Village for purposes of preliminary or final consideration. As used herein, it shall also include a certified survey map.
VILLAGE
The Village of Mukwonago.
[Ord. No. 871, § II, 10-1-2013]
(a) 
Impact fees for library, police facilities, fire protection facilities and park facilities.
[Amended 5-20-2020 by Ord. No. 980]
(1) 
Impact fees for library, police facilities, fire protection facilities and park facilities are hereby imposed upon all new residential development within the Village. The expansion, remodeling, rehabilitating, or rebuilding of existing residential structures that results in the creation of additional dwelling units shall also be subject to impact fees for library, police facilities, fire protection facilities and park facilities.
(2) 
Impact fees for police facilities and fire protection facilities are hereby imposed upon all new nonresidential development within the Village. The expansion, remodeling, rehabilitating, or rebuilding that results in the creation of additional square footage of usable building area shall also be subject to impact fees for police and fire protection.
(3) 
The amount of impact fees for library, police facilities, fire protection facilities and park facilities shall be as set forth in § 44-5(a) of this chapter.
(b) 
Impact fees for water facilities.
(1) 
Impact fees for water system improvements are hereby imposed on all new development. The expansion, change in use, remodeling, rehabilitating, or rebuilding of existing structures that results in the creation of additional residential dwelling units or the need for additional water capacity for nonresidential uses shall also be subject to an impact fee for water facilities. Any existing residential or nonresidential structure not connected to the Village water system (as of the date this ordinance was enacted) that subsequently connects to the water system shall be subject to the water impact fees.
(2) 
The amount of the fees imposed is set forth in § 44-5(b) of this division. No plumbing or building permit shall be issued unless the impact fees set forth in 44-5(b), have been paid in full.
(c) 
Impact fees for sewer facilities.
(1) 
Impact fees for sewer system improvements are hereby imposed on all new development. The expansion, change in use, remodeling, rehabilitating, or rebuilding of existing structures that results in the creation of additional residential dwelling units or the need for additional sewer system capacity for nonresidential uses shall also be subject to an impact fee for sewer facilities. Any existing residential or nonresidential structure not connected to the Village sewer system (as of the date this ordinance was enacted) that subsequently connects to the sewer system shall be subject to the sewer facilities impact fee.
(2) 
The amount of the fees imposed is set forth in § 44-5(c) of this division. No plumbing or building permit shall be issued unless the impact fees set forth in § 44-5(c), have been paid in full.
(d) 
In the case of change of use, redevelopment, or expansion or modification of an existing use the respective impact fee shall be based upon the net increase in the number of dwelling units, the square footage of usable building area, or the amount of capacity required in terms of a residential equivalent connections.
(e) 
The impact fees established under this chapter are imposed under the authority granted in W.S.A. § 66.0617 as amended and are subject to the conditions and limitations as provided for in that statute.
[Added 5-20-2020 by Ord. No. 980]
[Ord. No. 871, § II, 10-1-2013]
The following shall be exempted from payment of the impact fee:
(a) 
Alterations to or expansion of an existing building where no additional water and sewer connections are requested and where the alterations will not result in additional use of the water or sewerage systems shall be exempt from water and sewer facilities impact fees.
(b) 
The replacement of a building or structure with a new building or structure of the same size and use where no additional or larger water and/or sewer connections are requested and where the use is not changed shall be exempt from impact fees.
(c) 
Any new property or existing property with expansion, remodeling, rehabilitating, or rebuilding for which a sewer or water facilities impact fee was previously charged and paid on a per acre basis then the property owner shall receive a pro rata credit[1].
(d) 
Any claim of exemption or credit must be made no later than the time of application for the building or plumbing permit. Any claim not so made shall be deemed waived.
[Ord. No. 871, § II, 10-1-2013; Ord. No. 944, § I, 1-16-2018]
(a) 
Library, police facilities, fire protection facilities and park facilities.
[Amended 5-20-2020 by Ord. No. 980]
(1) 
Residential development. The following fee schedule per residential unit shall apply:
Library Facilities
Police Facilities
Fire Facilities
Park Facilities
1-bedroom
$731
$156
$152
$600
2-bedroom
$1,098
$233
$228
$900
3+ bedroom and single-family
$1,463
$311
$304
$1,200
(2) 
Commercial, institutional and industrial development. The following fee per square foot of building area shall apply:
Library Facilities
Police Facilities
Fire Facilities
Park Facilities
Industrial
NA
$0.063
$0.063
NA
Commercial/institutional
NA
$0.115
$0.115
NA
(b) 
Water facilities impact fees. A fee of $2,484 per REC shall apply to all development.
[Amended 5-20-2020 by Ord. No. 980]
(c) 
Sewer facilities impact fees. A fee of $918 per REC shall apply to all development.
[Amended 5-20-2020 by Ord. No. 980]
(d) 
REC schedule. The Village shall determine the applicable number of RECs for each property by using the number of RECs as determined for that property based on the schedules set forth below;
(1) 
Residential Development.
Residential
RECs
Single-family unit
1.00
Duplex
2
Multifamily (1 bedroom)
0.50
Multifamily (2 bedroom)
0.75
Multifamily (3 bedroom)
1
(2) 
Nonresidential development. The number of RECs for each nonresidential property shall be determined as set forth in Resolution 2013-31, a resolution to determine water and waste water usage for the sewer and water impact fee or the most current version of the resolution. A minimum charge of 0.50 RECs shall be applied to each nonresidential property.
(e) 
Annual adjustment of fees and periodic review. All impact fees shall automatically increase annually effective each January 1 by a percentage equal to the percentage increase in the 20-City Construction Cost Index published by the Engineering News Record over the most recent twelve-month period, unless the Village, by resolution, limits the fee increase to a lesser percentage rate. At least once every five years, the Village shall cause an updated public facilities needs assessment to be prepared for all impact fees to ensure that the amount of the fees reflect actual costs for completed public facilities and current plans for future facilities needed to serve new development.
[Ord. No. 871, § II, 10-1-2013]
(a) 
Payment of fee. All impact fees shall be paid to the Village Clerk prior to the issuance of a building or plumbing permit, or connection to the water or sewerage system.
(b) 
Separate fund account required. All impact fees collected shall be properly identified by and promptly transferred for deposit in the impact fee account as determined in § 44-7. 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.
(c) 
Refund. Any funds not expended or encumbered by the end of the time limit for the expenditure of such funds as specified in W.S.A. § 66.0617 shall, upon application, be returned to the payer of fees for the property with respect to which the impact fees were imposed, with interest.
[Amended 5-20-2020 by Ord. No. 980]
(d) 
Denial of refund request. In the event a payer requests a refund and the request is denied, then the review/appeal process in § 44-9 shall control.
[Amended 5-20-2020 by Ord. No. 980]
[Ord. No. 871, § II, 10-1-2013]
(a) 
There is hereby established a separate impact fee fund. All impact fees collected shall be deposited into a segregated, interest-bearing account. A separate accounting shall be maintained for impact fees for library facilities, police facilities, fire protection facilities, park facilities, water system facilities, and sewerage system facilities.
[Amended 5-20-2020 by Ord. No. 980]
(b) 
Funds withdrawn from these accounts must be used in accordance with the provisions of § 44-8.
[Ord. No. 871, § II, 10-1-2013]
(a) 
Funds collected from impact fees and interest earnings thereon shall be used solely for the purpose of making capital improvements for facilities identified in the impact fee report and shall not be used for operations or maintenance expenses.
(b) 
If bonds or similar debt instruments are issued for advanced provision of capital facilities for which impact fees 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) of this section.
(c) 
At least once each fiscal period, on or before September 1 of each year, the Village Finance Director or Administrator shall present to the Village Board an updated proposed capital improvement program for library, police, fire protection, park, water and sewerage facilities. The capital improvement program (CIP) shall be the plan for public facilities capital expenditures over a period of time. The capital improvement program shall include an assignment of funds, including any accrued interest, from the impact fee trust fund to specific capital improvement projects and related expenses.
[Amended 5-20-2020 by Ord. No. 980]
(d) 
The fund may be used to provide refunds as described in § 44-6(c).
[Ord. No. 871, § II, 10-1-2013]
(a) 
The filing of an appeal does not allow for the issuance of a building permit or otherwise stay the collection of the impact fee unless a bond or other sufficient surety (as determined by the Village Attorney) has been filed and then only if the non-payment of the impact fee is the sole reason that the plumbing or building permit cannot be issued.
(b) 
Request for initial review. Any person aggrieved by a decision as to the amount or the extent of an impact fee may have the amount of and/or extent of the impact fee reviewed by filing a request for initial review with the Village Clerk within 30 days of notification of the amount of and/or extent of the impact fee for the property involved. The request for initial review shall state the grounds upon which the aggrieved person contends that the determination should be modified or reversed. Failure to make a request for initial review shall not preclude the aggrieved person from filing a request for administrative review. The Village Clerk shall forward the request for initial review to the Village official that made the initial determination for which a review is being sought. The Village official shall review the request for initial review within 10 days and provide to the aggrieved a written determination as to whether the initial decision is affirmed, modified or reversed as well as provide the reasons therefore. The determination shall be dated and shall advise such person of his/her right to have the determination reviewed by a request for administrative review, as set forth below.
(c) 
Request for administrative review. If an individual objects to the imposition of an impact fee or the amount of an impact fee, then the individual may make a request for administrative review. The request for administrative review shall [be] filed with the Village Clerk within 60 days of notification of the amount of and/or extent of the impact fee for the property involved (or within 30 days from the issuance of the decision of the request for initial review) and shall be served upon the Village Clerk in the same manner as a summons and complaint is served in circuit court. The request for administrative review shall be in writing and shall include evidence and argument in support of the applicant's position.
(1) 
Upon receipt of the request for administrative review, the Village Clerk shall immediately notify the Village Attorney and Village President of such request for administrative review. The Village President shall appoint, without a need for confirmation, an impartial hearing examiner. The hearing examiner shall then be in charge of managing the proceedings.
(2) 
At the hearing, the appellant and the Village may be represented by counsel and may present evidence and call and examine witnesses and cross-examine witnesses of the other party. Such witnesses shall be sworn by the hearing examiner, who also may provide for the issuing of subpoenas.