[HISTORY: Adopted by the Common Council of
the City of New Berlin 10-10-2000 by Ord. No. 2124 as 14.01 through 14.025
and 14.90 of the Municipal Code. Amendments noted where applicable.]
[Amended 5-28-2019 by Ord. No. 2619; 2-9-2021 by Ord. No. 2647]
A.
Adopted. The Wisconsin Uniform Building Code prepared by the Building
Inspectors Association of Southeastern Wisconsin in January 1967,
together with all subsequent revisions, amendments and supplements,
is hereby adopted and incorporated into this chapter by reference.
A copy of such Wisconsin Uniform Building Code, together with all
revisions, amendments and supplements thereto, shall be on file and
open to public inspection in the office of the City Clerk.
B.
Specific exception. The following provisions of the Wisconsin Uniform
Building Code are specifically excepted and not included as part of
this chapter: § 30.05(1)(g).
C.
Recreation room exceptions.
(1)
The following provisions of the Wisconsin Uniform Building Code are
accepted: for houses constructed prior to June 1, 1980, all basement
rooms shall have a ceiling height of at least six feet four inches
from finished floor to the finished ceiling. Ceilings less than seven
feet in height shall have recessed lighting and no paddle ceiling
fans. All basement sleeping rooms shall comply with the requirements
of the Wisconsin Uniform Dwelling Code.
(2)
Beams and girders or other projections shall not project more than
an additional four inches below the six feet four inches of ceiling
height in the homes mentioned above.
(3)
Treads shall be at least eight inches wide, measured horizontally
from nosing to nosing.
[Amended 6-19-2001 by Ord. No. 2142; 5-28-2019 by Ord. No. 2619; 2-9-2021 by Ord. No. 2647]
A.
The following chapters of the Wisconsin Administrative Code establishing
a One- and Two- Family Dwelling Code, and all amendments thereto,
are adopted and incorporated in this chapter by reference:
|
Chapter
|
Effective Date
|
|---|---|
|
SPS 320 Administration and Enforcement
|
6-1-1980
|
|
SPS 321 Construction Standards
|
6-1-1980
|
|
SPS 322 Energy Conservation
|
12-1-1980
|
|
SPS 323 Heating, Ventilating and Air Conditioning Standards
|
6-1-1980
|
|
SPS 324 Electrical Standards
|
6-1-1980
|
|
SPS 325 Plumbing
|
6-1-1980
|
B.
The Lead Building Inspector and his representatives, as certified
by the Department of Safety and Professional Services, are empowered
to administer and enforce all of the provisions of this subchapter.
C.
The following chapters of the Wisconsin Administrative Code establishing
a Commercial Building Code along with the current edition of the International
Building Code suite as adopted by the state, and all amendments thereto,
are adopted and incorporated in this chapter by reference:
|
SPS 361 Administration and Enforcement
|
|
SPS 362 Buildings and Structures
|
|
SPS 363 Energy Conservation
|
|
SPS 364 Heating, Ventilating and Air Conditioning
|
|
SPS 365 Fuel Gas Appliances
|
|
SPS 366 Existing Buildings
|
D.
The Lead Building Inspector and his representatives, as certified
by the Department of Safety and Professional Services, are empowered
to administer and enforce all of the provisions of this subchapter.
A.
Findings.
(1)
The city must expand its highways, facilities for
collecting and treating sewerage, facilities for collecting and treating
storm and surface waters, facilities for pumping, storing and distributing
water, parks, playgrounds, and other recreational facilities in order
to maintain current levels of service if new development is to be
accommodated without decreasing current levels of service. This must
be done in order to promote and protect the public health, safety
and welfare.
(2)
The imposition of impact fees is one of the preferred
methods of ensuring that development bears a proportionate share of
the cost of capital facilities necessary to accommodate such development.
This must be done in order to promote and protect the public health,
safety and welfare.
(3)
Each of the types of land development described in
this section will create a need to expend capital costs for the construction,
equipping, or expansion of the capital facilities.
(4)
The fees established by this section are derived from,
are based upon, and do not exceed the costs of providing additional
facilities and equipment necessitated by the new land developments
for which the fees are charged.
(5)
The report entitled "City of New Berlin, Comprehensive
Impact Fee Study Addendum A," dated March 1995 and as updated now
and from time to time, sets forth a reasonable methodology and analysis
for the determination of the impact of new development on the need
and costs for additional public capital facilities in the city.
(6)
Impact fees collected within the City of New Berlin
shall be collected in accordance with the standards set forth at § 66.0617(6),
Wis. Stats.
(7)
The city has the authority to adopt this section,
and in other ways levy impact fees or other charges, pursuant to Wisconsin
State Statutes, including but not limited to Chs. 62, 66 and 236 thereof.
B.
Intent and purpose.
(1)
This section is intended to assist in the implementation
of the City of New Berlin Master Plan.
(2)
The purpose of this section 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 needed improvements in the city.
C.
CAPITAL EQUIPMENT
CAPITAL IMPROVEMENT or CAPITAL COSTS
CITY OF NEW BERLIN MASTER PLAN
DEVELOPMENT
FEE PAYER
HOUSING FOR THE ELDERLY
INDEPENDENT FEE CALCULATION STUDY
Definitions. It is intended that all words and definitions
used in this section be consistent with those found at § 66.0617,
Wis. Stats.
Equipment with an expected used life of three years or more.
The capital costs to construct, expand, or improve public
facilities, including the cost of land but excludes maintenance and
operation. Facilities include highways, facilities for collecting
and treating sewerage, facilities for collecting and treating storm
and surface waters, facilities for pumping, storing, and distributing
water, parks, playgrounds, and other recreational facilities. Capital
improvement does not include facilities owned by a school district.
A long-range Master Plan which includes the following component
plans: Land Use Plan; Environmental Plan; Park, Recreation and Open
Space Plan; Transportation Plan, and the adopted 208 Plan and amendments
thereto.
The construction or modification of improvements to real
property that create additional residential dwelling units or result
in nonresidential uses that create a need for new expanded or improved
facilities which require the issuance of a building permit or other
permit for connection to municipal water or sewer systems.
A person applying for the issuance of a building permit.
Housing which is restricted to residents aged 62 and above.
The demographic and/or public facilities documentation prepared by a fee payer to allow the determination of the impact fee other than by the use of the table in Subsection E(1) of this section.
D.
Imposition of the impact fee.
(1)
Any person who, after the effective date of this section,
seeks to develop land within the city, by applying for a building
permit or an extension of a building permit issued prior to the effective
date of this section or applies for a permit for the connection to
municipal sewer or water, is hereby required to pay an impact fee
in the manner and amount set forth in this section.
(2)
No new building permit or permit for the connection
to municipal sewer or water shall be issued unless and until the impact
fee(s) hereby required has been determined and paid.
(a)
If the type of development activity that a building
permit is applied for is not specified in this section, the Director
of Planning or his/her designee shall use the fee applicable to the
most nearly comparable type of land use specified in this section.
The Director of Planning shall be guided in the selection of a comparable
type by the Master Plan, supporting documents of the Master Plan,
and the City Zoning Code. If the Director of Planning determines that
there is no comparable type of land use specified in this section,
then the city's Committee of the Whole shall determine the appropriate
fee by considering demographic or other documentation which is available
from state, local and regional authorities.
(b)
In case of change of use, redevelopment, or expansion
or modification of an existing use which requires the issuance of
a building permit or an increase in meter size, the impact fee shall
be based upon the net positive increase in the impact fee for the
new use as compared to the previous use. The Director of Planning
shall be guided in this determination by the sources listed above.
E.
Computation of amount of impact fee.
(1)
The amount of the impact fee shall be determined in accordance with the City Comprehensive Impact Fee Study Addendum A prepared by the City Planning and Engineering Departments, dated March 1995 and as updated now and hereafter, in accordance with Chapter 267, Water and Sewers, §§ 267-6 and 267-7, of this Code.
(2)
If a fee payer wishes to contest the amount, collection, or use of the impact fee, then the fee payer shall appeal to the Committee of the Whole. If the fee payer contests the amount of the fee, the fee payer shall prepare and submit to the Committee of the Whole an independent fee calculation study for the land development activity which gives rise to the impact fee. Such documentation submitted shall show the basis upon which the independent fee calculation shall be made. The Committee of the Whole shall consider the documentation submitted by the fee payer but is not required to accept such documentation as the Committee of the Whole shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the fee payer to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the fee payer shall pay impact fees based upon the schedule shown in this section. If the Committee of the Whole determines that an acceptable independent fee calculation study is presented, the Committee of the Whole may adjust the fee to that appropriate to the particular development; otherwise, the fee shall be computed in accordance with the fee schedule at Subsection E(1). If for any reason the Committee of the Whole determines that the impact fee is, in whole or in part, improperly calculated, collected, or used, the fee payer shall pay impact fees to the extent the Committee of the Whole deems such impact fee to be appropriate.
[Amended 6-19-2001 by Ord. No. 2142]
(3)
At least once each fiscal period the Director of Finance
and Administration shall present to the Common Council a proposed
capital improvement program for assigning funds, including any accrued
interest, from the impact fee trust accounts to specific improvement
projects and related expenses. Moneys, including any accrued interest,
not assigned in any fiscal period shall be retained in the same impact
fee trust accounts until the next fiscal period except as provided
by the refund provision of this section.
[Amended 7-23-2002 by Ord. No. 2180]
(4)
Funds may be used to provide refunds as described
in this section.
F.
Use of funds.
(1)
Funds collected from impact fees shall be used solely
for the purpose of acquiring equipment and/or making capital improvements
to various facilities as identified in this section, related sections
of this Code, and the various studies referred to herein. Such funds
shall not be used for maintenance or operations.
(2)
In the event that bonds or similar debt instruments
are issued for advance provision of capital facilities for which facilities
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 the type described above.
G.
Refunds.
(1)
If a building permit expires without commencement
of construction, then the fee payer shall be entitled to a refund,
without interest. The fee payer shall submit an application for such
a refund to the Director of Planning within 30 days of the expiration
of the permit. The application shall include such supporting documentation
as the city may reasonably require.
(2)
Impact fees must be expended within the time schedule
as set forth within § 66.0617(9), Wis. Stats., as amended,
except that upon the adoption of a resolution by the Common Council
in accordance with § 66.0617(9)(b), Wis. Stats., which resolution
sets forth extenuating circumstances or hardship, the deadline for
expending the impact fees may be extended an additional three years.
Fees not expended within the deadline set forth hereunder shall be
refunded to the current owner of the property with respect to which
the impact fee was originally imposed, together with any interest
that has accumulated on said funds.
[Amended 11-19-2009 by Ord. No. 2419]
H.
Exemptions and credits.
(1)
Exemptions.
(a)
The following shall be exempted from payment of the
impact fee:
[1]
Alterations or expansion of an existing residential
building where no additional residential units are created, or where
the use is not changed.
[2]
The construction of accessory buildings or structures.
[3]
The replacement of a destroyed or partially
destroyed building or structure with a new building or structure of
the same size and use.
(b)
Any claim of exemption must be made no later than
the time of application for a building permit. Any claim not so made
shall be deemed waived.
(c)
An exemption from, or a reduction in the amount of,
the impact fee may be permitted by the Common Council on development
that provides low-cost housing.
(2)
Credits.
(a)
Credits equaling the net present value of any past
or future property tax payments the fee payer has paid or will pay
toward capital facilities and equipment to be funded by impact fees
shall be given as set forth in the impact fee schedule detailed in
the report entitled "City of New Berlin, Comprehensive Impact Fee
Study Addendum A," dated March 1995 and as updated hereafter.
(b)
All parcels created by certified survey map or subdivision
plat which have paid public sites and open space fees prior to the
initial adoption of this section shall be provided a credit of $300.
(c)
Other capital costs, if any, imposed with respect
to land development to provide or pay for public facilities, including
special assessments, special charges, or any other items of value.
I.
Review. The fee schedule contained in this section
shall be reviewed by the Common Council at least once each fiscal
year and modified, if necessary, as a result of:
