[Ord. No. 04-17, § I, 4-26-2004; 6-12-2023 by Ord. No. 23-03]
This chapter is intended to impose an impact fee on development
for the sanitary sewer utility, water utility, library, parks, and
department of public works. The impact fee is intended to regulate
the effect of new development on City infrastructure and services,
the demand for which is generated by new development, or any improvements
made to existing development. The purpose of this chapter is to regulate
the use and development of land so as to assure that new development
bears a proportionate share of the cost of capital expenditures necessary
to provide essential facilities in the City.
[Ord. No. 04-17, § I, 4-26-2004]
The City Council has the authority to adopt this chapter pursuant
to W.S.A. § 66.0617.
[Ord. No. 04-17, § I, 4-26-2004; 6-12-2023 by Ord. No. 23-03]
As applied in this chapter, the following words and terms shall
be used:
Any permit required for new construction and additions pursuant to Chapter 14 of the Municipal Code.
A plan for capital expenditures, including commitments, to
be incurred during the budget year.
A plan for capital expenditures, including commitments, to
be incurred during the budget year and four years into the future.
The City of Lake Geneva, Walworth County, Wisconsin.
The Common Council of the City of Lake Geneva.
Any change to improved or unimproved real property, the use
of any principal structure or land, or any other activity that requires
the issuance of a building permit.
Generally means a cash contribution imposed on a developer
by the City, but could include contributions of land or interests
in land or any other items of value.
The local use of land involving both residential and nonresidential
development.
Any local use of land for primarily industrial or commercial
purposes, or which does not fall within the definition of residential
development.
A (single-family residential and individual unit within a
multifamily residential building) multiplier to be applied to the
meter size calculation of a nonresidential unit to arrive at a net
impact fee.
A dwelling which is a group of rooms, providing or intended
to provide living quarters for not more than one family. Included
are single-family residential dwellings and individual units within
a multifamily residential building. A residential unit is one residential
equivalent unit.
[Ord. No. 04-17, § I, 4-26-2004; 11-11-2013 by Ord. No.
13-21; 6-12-2023 by Ord. No. 23-03]
This chapter shall be uniformly applicable to residential and
nonresidential development which occurs within the City.
[Ord. No. 04-17, § I, 4-26-2004; Ord. No. 05-37, § I, 10-24-2005; 11-11-2013 by Ord. No. 13-21; 6-12-2023 by Ord. No. 23-03]
Any developer creating or constructing land development within
the City shall pay a fee to the City to provide for the capital costs
necessary to provide facilities to serve this land development as
follows:
(1)
For sanitary sewer utility facilities, each residential unit is required
to pay an impact fee equal to one REU of $4,103. Each nonresidential
unit is required to pay per nonresidential unit an impact fee for
one REU times a multiplier based upon meter size as follows:
|
REU
|
Meter Size
|
|---|---|
|
1.00
|
5/8-inch or 3/4-inch
|
|
1.6
|
1-inch
|
|
5.7
|
1.5-inch
|
|
5.7
|
2-inch
|
|
14.3
|
3-inch
|
|
28.6
|
4-inch
|
|
57.1
|
6-inch
|
|
77.1
|
8-inch
|
|
114.3
|
10-inch
|
(2)
For water facilities, each residential unit is required to pay an
impact fee equal to one REU of $2,530. Each nonresidential unit is
required to pay per nonresidential unit an impact fee for one REU
times a multiplier based upon meter size as follows:
|
REU
|
Meter Size
|
|---|---|
|
1.00
|
5/8-inch or 3/4-inch
|
|
1.6
|
1-inch
|
|
5.7
|
1.5-inch
|
|
5.7
|
2-inch
|
|
14.3
|
3-inch
|
|
28.6
|
4-inch
|
|
57.7
|
6-inch
|
|
77.1
|
8-inch
|
|
114.3
|
10-inch
|
(3)
For both water and wastewater facilities, any person who seeks to
remodel or upgrade an existing nonresidential unit resulting in an
upgrade in water meter size shall pay an impact fee equal to the difference
between REU of the existing meter and new meter times the current
impact fee.
(4)
For parks facilities, each residential unit is required to pay an
impact fee of $1,407.
(5)
For library facilities, each residential unit is required to pay
an impact fee of $426.
(6)
For department of public works facilities, each residential unit
is required to pay an impact fee of $2,393. Each nonresidential unit
is required to pay an impact fee of $442 per 1,000 square feet of
building space.
[Ord. No. 04-17, § I, 4-26-2004; Ord. No. 05-37, § II, 10-24-2005; 11-11-2013 by Ord. No. 13-21; 6-12-2023 by Ord. No. 23-03]
(a)
The impact fee for residential and nonresidential units shall be
assessed and become due prior to issuance of a building permit.
(b)
If the total amount of impact fees due for a development will be
more than $75,000, a developer may defer payment of the impact fees
for a period of four years from the date of the issuance of the building
permit or until six months before the municipality incurs the costs
to construct, expand, or improve the public facilities related to
the development for which the fee was imposed, whichever is earlier.
If the developer elects to defer payment under this subsection, the
developer shall maintain in force a bond or irrevocable letter of
credit in the amount of the unpaid fees executed in the name of the
municipality. A developer may not defer payment of impact fees for
projects that have been previously approved.
(c)
The impact fee for existing remodeled or upgraded residential and
nonresidential units resulting in an upgrade in water meter size shall
be assessed and become due prior to issuance of a water meter.
(d)
Pursuant to agreement between the City and any party, said fee may
be imposed upon such other mechanism that may be defined in said agreement.
[Ord. No. 04-17, § I, 4-26-2004; 6-12-2023 by Ord. No. 23-03]
(a)
All fees collected under this chapter shall be placed in a segregated,
interest-bearing account and shall be accounted for separately from
other funds of the City. The fees and any interest on the fees shall
be spent only in accordance with this chapter.
(b)
In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which the impact fee 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) above.
(c)
At least once each fiscal year, the City Administrator shall present
to the City Council a proposed capital improvement program assigning
funds, including any accrued interest to fund improvements for the
improvement of City facilities funds, including any accrued interest,
not assigned in any fiscal year shall be retained in the same impact
fee trust fund until the next fiscal year, except as provided by the
refund provisions of this chapter.
(d)
The impact fees imposed under this section shall be increased annually
at the percent change of the U.S. Census Bureau Construction Price
Index (CPI) for single-family houses under construction, for the 12-month
period preceding October of the prior year, with the adjustment effective
January 1 of each year. The City Administrator or designee shall calculate
the adjusted fees and maintain a copy of the calculation and the adjusted
impact fees in the office of the City Clerk.
[Ord. No. 04-17, § I, 4-26-2004; 6-12-2023 by Ord. No. 23-03]
Any funds not expended or encumbered by the end of the calendar
quarter immediately following eight years (10 years for sanitary sewer
impact fees) from the date the impact fee was paid shall be returned
to the original payer of such fees with any interest that has accumulated.
The ten-year time limit for using impact fees that is specified under this section may be extended for three years if the municipality adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the ten-year limit, it needs an additional three years to use the impact fees that were collected. The resolution shall include detailed written findings that specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this section. For purposes of the time limits in this paragraph, an impact fee is paid on the date a developer obtains a bond or irrevocable letter of credit in the amount of the unpaid fees executed in the name of the municipality under Section 39-6(b).
[Ord. No. 04-17, § I, 4-26-2004]
The following shall be exempted from payment of the impact fee:
(1)
Alterations or expansion of an existing building where no additional
residential units or sewer connections are requested and where the
use is not changed.
(2)
The replacement of a building or structure with a new building or
structure of the same size where number of dwelling units and/or number
of sewer connections remains unchanged.
|
Any claim of exemption must be made no later than the time of
application for creation or subdivision of the lot. Any claim not
so made shall be deemed waived.
|
[Ord. No. 04-17, § I, 4-26-2004]
Any property owner aggrieved by the amount, collection or use
of fees collected for that property may appeal the determination to
the City Council by making a written request to the City Clerk for
review of the determination to the Council. The request shall detail
the owner's complaint about the amount, collection or use of the fees
and provide the name and address of the owner complaining. The Clerk
shall give the owner seven days written notice by certified mail at
the address provided of when the matter will be reviewed by the City
Council. The owner shall be given a reasonable opportunity to address
the Council following which the Clerk shall give the owner written
notification by mail to the address provided of the Council's decision
on the appeal.
