[HISTORY: Adopted by the City Council of the City of Edgerton 3-1-1993 by Ord. No. 2-93 (§ 4.21 of the 1993 Municipal Code). Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "City of
Edgerton Impact Fee Ordinance."
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 City of Edgerton 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:
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 relate directly to
the public improvement for which the impact fees were imposed actually
exceed 10% of the 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.
The City of Edgerton.
Any man-made change to improved or unimproved real property,
the use of any principal structure or land or any other activity that
creates a new residential dwelling unit.
A fee to be collected at the time of building permit. According
to state statutes, impact fees may be paid up to 14 days after issuance
of the building permit.
The construction or modification of improvements to real
property that creates additional residential dwelling units within
the City or its service areas.
Facilities for parks, playgrounds and land for athletic fields.
Shall mean a room or group of rooms providing or intended
to provide living quarters for not more than one family.
A geographic area delineated by the City Council within which
the City provides 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 City Council.
Revenues from each type of impact fee shall be placed in a 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. Impact fee revenues imposed and collected
but not used within a reasonable period of time after collection to
pay the capital costs for which they were imposed shall be refunded,
with interest, on a prorated proportional basis, as determined by
the City Council, to the current record owner or owners of the property
with respect to which the impact fees were imposed. Reasonable time
periods for expenditure of impact fee revenues shall be within seven
years after the collection of the impact fee revenue. The reasonable
time period for expenditure may be extended for three years if the
City adopts a resolution stating that, due to extenuating circumstances
or hardship meeting the seven year limit, it needs an additional three
years to use the impact fees that were collected. The resolution shall
specify the extenuating circumstances or hardship that lead to the
need to adopt a resolution under this section.
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 City or
utility for advances of other funds or reserves, and such other purposes
consistent with Wis. Stats., § 66.0617, which are recorded
and approved by the City Council.
All required impact fees, unless expressly accepted in a section
of this chapter, shall be paid in full with in 14 days of issuance
of a building permit.
The payment of an impact fee imposed under this section may
be contested as to the amount, collection or use of the impact fee
to the City Council, provided that the applicant files a written notice
of appeal in the City Clerk's office within 15 days of the payment
of the impact fee. Such notice of appeal shall be entitled "Notice
of Appeal of Impact Fee" and shall state the applicant's name, address,
telephone number, address (if available) and legal description (including
parcel number) of the land development upon which the impact fee is
imposed, and a statement of the nature of and reasons for the appeal.
The City Clerk shall schedule the appeal for consideration by the City
Council at a regular meeting as soon as reasonably practicable 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 three days before the date of such
meeting. Upon review of such appeal, the City Council may adjust the
amount, collection or use of the impact fee upon just and reasonable
cause shown.
Any funds not expended or encumbered by the reasonable period of time as outlined in § 412-4, upon application of the current landowner, shall be returned to such landowner with interest, based on a proportionate share of interest earnings on the impact fee revenues, provided that the landowner submits a written application for a refund to the City Clerk of the City of Edgerton within 180 days of the expiration of the reasonable time period as outlined in § 412-4.
The following situations shall be exempt from payment of the impact fee as outlines in § 412-6.
A.
Development of nonresidential dwelling units.
The impact fees contained herein shall be reviewed by the City
Council every two years.
If any section, phrase, sentence, or portion of this chapter
is for any reason held invalid or unconstitutional by any court or
competent jurisdiction, such portions shall be deemed separate, distinct,
and independent provision, and such holding shall not affect the validity
of the remaining portions thereof.
