[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 6-20-2005 by Ord. No. 05-25.
Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Village Impact Fee Ordinance."
Consistent with § 66.0617, Wis. Stats.,
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 the new development.
This chapter is intended to ensure that new development bears an appropriate
share of the cost of capital expenditures necessary to provide public
facilities within the Village and its service areas.
This chapter is intended to impose impact fees
in order to finance new facilities, the demand for which is generated
by new development. The Village is responsible for and will meet,
through the use of general Village revenues, all capital improvement
needs associated with existing development. Only needs created by
new development will be met by impact fees. Impact fees shall be spent
on new or enlarged capital facilities improvements required by new
developments that pay the fees.
Authority for this chapter is provided by § 66.0617,
Wis. Stats. The provisions of this chapter shall not be construed
to limit the power of the Village to adopt any ordinance or fee pursuant
to any other source of local authority or to utilize any other methods
or powers otherwise available for accomplishing the purposes set forth
herein, either in lieu of or in conjunction with this chapter.
This chapter shall be uniformly applicable to
all new development that occurs within the Village. The effective
date of this chapter shall be August 1, 2005. Any building permit
application filed on or after August 1, 2005, will be liable for impact
fees imposed under this chapter.
As used in this chapter, the following words
and terms shall have the following meanings, unless the context indicates
another meaning is clearly intended:
The permit required for new construction and additions pursuant
to Pleasant Prairie Municipal Code. However, the term "building permit,"
as used herein, shall not be deemed to include permits required for
remodeling, rehabilitation or other improvements to an existing structure
or rebuilding a damaged or destroyed structure, provided there is
no increase in the number of dwelling units resulting therefrom.
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.
The construction or modification of improvements to real
property that requires issuance of a building permit and either creates
additional residential dwelling units within the Village or its service
areas or that result in new nonresidential uses, either of which create
a need for new, expanded or improved public facilities within the
Village or its service areas.
Any charge, fee or assessment levied pursuant to this chapter
to be collected at the time of issuance of a building permit.
The needs assessment prepared by Virchow, Krause & Company,
LLP, and approved by the Village Board following public hearing on
June 20, 2005, which identified the public facility costs for the
purpose of calculating impact fees as defined by § 66.0617,
Wis. Stats. The adopted needs assessment is on file with the Village
Clerk.
Any development approved by the Village for residential use.
A single-family residence or a separate living area within
a multiunit residential apartment or condominium building. It shall
not include a separate residential living area in a mixed-use commercial/residential
building. RDUs for multiunit residential buildings generally consists
of a combination of bedroom(s), bathroom(s), kitchen(s) and/or living
area for the purpose of providing a separate and distinct living space,
or as otherwise may reasonably be designated as separate by the Village.
(Examples: a single-family home shall count as 1 RDU, a duplex or
side-by-side townhouse shall count as 2 RDUs, an eight-unit condominium
building shall count as 8 RDUs, a four-unit apartment building shall
count as 4 RDUs). Mixed-use commercial/residential buildings shall
be assessed an impact fee based on assessed valuation like other nonresidential
development.
A geographic area determined by the Village Board within
which the Village provides public facilities.
A plat, certified survey map or other method used to divide
a parcel of property into two or more separate parcels or lots.
A.
General requirement. Any person who creates a new
development in the Village shall be required to pay an impact fee
as further set forth in this chapter.
B.
Uniform application; discretion; affordable housing.
(1)
Impact fees shall be assessed in such a manner that
any new development having the same impacts on capital facilities
shall be assessed the same impact fee.
(2)
Subsection B(1) above notwithstanding, the Village Board may waive or reduce the impact fee required to be assessed against a new development if that development promotes other policies established by the Village Board from time to time, including, but not limited to, the provision of affordable housing. However, no amount of the impact fee for which the waiver or reduction is provided may be shifted to any other portion of the development in which the waiver or reduction has been granted, nor may it be shifted to any other land development in the political subdivision.
[Amended 7-5-2006 by Ord. No. 06-32; 8-16-2021 by Ord. No.
21-17; 8-16-2021 by Ord. No. 21-18]
A.
Amount and calculation.
(1)
The impact fee for residential development shall be $1,490 per residential
dwelling unit ("RDU") until amended by the Village Board; provided,
however, that no such amendment shall exceed $1,490 (as adjusted for
inflation) unless a new needs assessment is prepared as provided in
§ 66.0617, Wis. Stats. A developer shall be charged an impact
fee for the maximum number of RDUs that could exist in the subdivision.
(2)
The impact fee for nonresidential development shall be $1.94 per
$1,000 of estimated valuation until amended by the Village Board;
provided, however, that no such amendment shall exceed $1.94 (as adjusted
for inflation) unless a new needs assessment is prepared as provided
in § 66.0617, Wis. Stats. For purposes of this subsection,
estimated valuation shall be valued at the time of application for
a building permit, as determined by the Director of Assessment Services
using the Village's current version of the commercial building/improvement
cost estimation software. The estimated value shall be determined
by the Director of Assessment Services based on the final building
plans and specifications.
B.
Payment due. The total impact fee assessment for residential and
nonresidential developments shall become due and payable upon the
issuance of a building permit.
C.
Annual review. The Village may annually review the impact fee and
make such modifications as are deemed necessary as a result of development
occurring in the prior year; capital improvements actually constructed;
changing facility needs; inflation; revised cost estimates for capital
improvements; changes in the availability of other funding sources
applicable to public facility projects; and such other factors as
may be relevant.
D.
Segregated account. Upon receipt of impact fees, the funds shall
be placed into a separate impact fee account. At the discretion of
the Village, multiple impact fee accounts may be maintained for separate
and distinct development or capital improvement projects. All such
accounts shall be interest-bearing accounts and be held in a bank
authorized to receive deposits of Village funds. Interest earned shall
be credited to that account and shall be used solely for the purposes
specified for such funds. The Village shall maintain and keep accurate
financial records for the account, including the source and disbursement
of all revenues.
The Village may issue bonds, revenue certificates
and other obligations of indebtedness in such manner and subject to
such limitations as may be provided by law in furtherance of the provision
of capital improvement projects. Funds pledged toward retirement of
bonds, revenue certificates or other obligations of indebtedness for
such projects may include impact fees and other Village revenues as
may be allowed by the Board. Impact fees paid pursuant to this section,
however, shall be restricted to use solely and exclusively for financing
directly or as a pledge against bonds, revenue certificates and other
obligations of indebtedness for the cost of capital improvements as
specified herein.
A.
Refund requirement: reasonable time. Impact fees imposed
and collected but not used within seven years after collection to
pay the capital costs for which they were imposed shall be refunded
on a prorated proportional basis as determined by the Village Board,
to the current record owner(s) of property on which the impact fee was originally imposed. The seven-year
time limit for using impact fees may be extended for three years if
the Village adopts a resolution stating that due to extenuating circumstances
a hardship in meeting the seven-year limit exists and it needs an
additional three years to use the impact fees collected.
[Amended 7-5-2006 by Ord. No. 06-32]
B.
Refund petition. The applicable owner(s) of record
may apply for a refund of all or part of such fee as follows:
(1)
A petition for refund must be filed within one year
of the event giving rise to the right to claim a refund.
(2)
The petition for refund must be submitted in writing
to the Village Administrator or his or her duly designated agent.
The petition shall set forth the basis for petitioner's request for
the refund.
(3)
Within one month of the date of receipt of a petition
for refund, the Village Administrator or his or her duly designated
agent must provide the petitioner, in writing, with a decision on
the refund request, including the reasons for the decision. If a refund
is due to the petitioner, the Village Administrator or his or her
duly designated agent shall request that a refund payment be made
to petitioner.
(4)
Petitioner may appeal the determination of the Village
Administrator to the Village Board.
Payment of an impact fee imposed under this
chapter may be appealed to the Village Board as set forth below.
A.
The applicant seeking appeal must file a written notice
of appeal with the Village Board within 30 days following either:
the denial of execution of a final plat, certified survey map or other
subdivision; denial of issuance of a building permit; denial of a
refund; or date the impact fee was due, whichever is applicable, and
in the event of a conflict the earliest date applicable.
B.
The notice of appeal shall state the applicant's name,
address, telephone number, address, legal description of the applicable
lot or parcel and a statement of the nature of and reasons for the
appeal. In the event payment of an impact fee is being appealed, the
notice of appeal shall be accompanied by full payment of the impact
fee if such payment has not already been provided to the Village.
C.
The Village Clerk shall schedule the appeal for consideration
by the Village Board at a regular or special meeting no later than
60 days from receipt of the notice of appeal. The Village Clerk shall
notify the applicant of the date, time and location of the meeting
in writing, by regular mail, no less than three days before the date
of such meeting.
D.
Upon review of the appeal, the Village Board may adjust
the amount, collection, refund or use of the impact fee upon just
and reasonable cause shown and in a manner consistent with the terms
of this chapter. Approval, denial or modification of the appeal request
may be made by regular motion of the Board. The decision of Board
shall be a final administrative determination.
E.
No impact fee payment shall be suspended or stayed
during the pendency of any appeal filed pursuant to this section.
This chapter shall not affect, in any manner,
the permissible use of property, density of development, design and
improvement standards and requirements or any other aspect of the
development of land or provision of capital improvements subject to
the zoning and subdivision regulations or other regulations of the
Village, which shall be operative and remain in full force and effect
without limitation with respect to all such development.
The impact fee is additional and supplemental
to, and not in substitution of, any other requirements imposed by
the Village on the development of land or the issuance of building
permits. It is intended to be consistent with and to further the objectives
and policies of the Master Plan or Comprehensive Plan, the capital
improvements plan and other Village policies, ordinances and resolutions
by which the Village seeks to ensure the provision of public facilities
in conjunction with the development of land. In no event shall a property
owner be obligated to pay for capital improvements in an amount in
excess of the amount calculated pursuant to this chapter; provided,
however, that a property owner may be required to pay, pursuant to
Village ordinances, regulations or policies, for other capital improvements
in addition to the impact fee for capital improvements as specified
in this section.
The provisions of this chapter are hereby found
and declared to be in furtherance of the public health, safety, welfare
and convenience of the Village and it shall be liberally construed
to effectively carry out its purposes. If any subsection, phrase,
sentence or other portion of this chapter is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed separate, distinct and independent, and such holding
shall not affect the validity of the remaining portions thereof.
