[Amended 11-27-1995 by Ord. No. 324; 11-24-1997 by Ord. No.
359; 9-11-2000 by Ord. No. 405; 12-9-2002 by Ord. No. 430; 3-22-2004 by Ord. No. 445; 11-22-2004 by Ord. No. 467; 4-24-2006 by Ord. No.
488]
Pursuant to the authority to impose impact fees
found in Wis. Stats. § 66.0617, and pursuant to the impact
fee studies and plans required therein, the Village of Waterford hereby
establishes and imposes impact fees as prescribed in this article.
There is hereby established a geographically
defined area which shall be known as the service area within which
it will be necessary to enlarge and improve new and existing public
facilities attendant to the Village of Waterford library system, public
parks system, water system, and fire and rescue system as a result
of land development and growth within the Village of Waterford. The
service area for the public library system is shown in Exhibit A of
Ordinance Nos. 324 and 359, on file in the Clerk’s office and
made a part hereof by reference. The service area of the public park
system is shown in Exhibit A of the Public Facilities Needs Assessment,
Park Impact Fee, Baxter & Woodman, Inc., February 2012, on file
in the Clerk’s office and made a part hereof by reference. The
service area of the water system is shown in Exhibit A of the Water
System Needs Assessment, Village of Waterford, Baxter & Woodman,
Inc., January, 2011, on file in the Clerk’s office and made
a part hereof by reference. The service area of the fire and rescue
system is shown in Appendix B of the Needs Assessment Update for Water,
Sewer, and Fire & Rescue Impact Fees, Crispell-Snyder, Inc., November,
2005, on file in the Clerk’s office and made a part hereof by
reference.
[1]
Editor's Note: This ordinance provided that it would become
effective 5-1-2012.
In accordance with Wis. Stats. § 66.0617,
the Village of Waterford adopts the following standards for impact
fees which will be imposed under this article. Impact fees adopted
by the Village of Waterford:
A.
Shall bear a rational relationship to the need for
new, expanded or improved public facilities that are required to serve
land development.
B.
May not exceed the proportionate share of the capital
costs that are required to serve land development, as compared to
existing uses of land within the Village of Waterford.
C.
Shall be based upon actual capital costs or reasonable
estimates of capital costs for new, expanded, or improved public facilities.
D.
Shall be reduced to compensate for other capital costs
imposed by the Village of Waterford with respect to land development
to provide or pay for public facilities, including special assessments,
special charges, land dedications or fees in lieu of land dedications
under Wis. Stats. ch. 236, or any other items of value.
E.
Shall be reduced to compensate for moneys received
from the federal or state government specifically to provide for the
public facilities for which the impact fees are imposed.
F.
May not include amounts necessary to address existing
deficiencies in public facilities.
G.
Shall be payable by any person or entity that constructs,
creates or modifies any improvement to real property that creates
additional residential dwelling units within the Village, or that
results in nonresidential uses that create a need for new, expanded
or improved public facilities within the Village, upon the issuance
of a building permit by the Village.
[Amended 2-28-2011 by Ord. No. 568]
H.
References hereinabove to public facilities shall
be deemed to refer to the following, to the extent that their inclusion
is permitted under Wis. Stats. § 66.0617: public park land
areas with attendant improvements; the Village of Waterford public
library system, including structural improvements and materials owned
and operated by the system; the water system, including wells, storage
towers, transmission mains and other appurtenances; and the fire and
rescue system, including structural improvements and equipment owned
and utilized by the system.
A.
The amount of the impact fee imposed hereunder may
be automatically increased for inflation, but no such automatic increase
may be effective unless reviewed at least every five years after the
first such increase. In no case shall the adjusted amount be greater
than the maximum fee identified in the applicable study.
[Amended 4-23-2012 by Ord. No. 586[1]]
[1]
Editor's Note: This ordinance provided that it would become
effective 5-1-2012.
B.
The impact fees are adopted in the following amounts:
(1)
Village of Waterford public library system impact
fee: $137.
(2)
Village of Waterford public park land impact fee:
[Amended 4-23-2012 by Ord. No. 586[2]]
(a)
From May 1, 2012, through April 30, 2013: $700.
(b)
From May 1, 2013, through April 30, 2014: $750.
(c)
From May 1, 2014, through April 30, 2015: $800.
(d)
From May 1, 2015, through April 30, 2016: $850.
(e)
From May 1, 2016, until such time as the fee is adjusted by ordinance:
$900.
[2]
Editor's Note: This ordinance provided that it would become
effective 5-1-2012.
(3)
Village of Waterford water system impact fee: $ 1,280.
[Amended 5-29-2010 by Ord. No. 553; 2-28-2011 by Ord. No. 568]
(4)
Village of Waterford fire and rescue system impact
fee: $1,201.
C.
Imposition.
(1)
Residential development.
(a)
Each impact fee shall be imposed on a residential
equivalent unit (REU) basis, with each single-family residential unit,
whether located within a one-family, multifamily, condominium, cooperative,
rental, or owner-occupied unit, constituting one such REU. A residential
unit is defined as any individual living unit which has, within the
unit, at least an individual lockable entrance/exit, a kitchen that
includes a cooking appliance (consisting of an appliance with burners
and an oven and/or a microwave of at least 1,000 watts), an individual
bathroom which contains a shower and/or bathtub, and a sleeping/living
area. One residence shall equal one REU, and the impact fee shall
be imposed upon every residence in the corresponding study area.
(b)
Notwithstanding the above:
[1]
In residential buildings containing four or more residential units, if one water meter is installed to serve more than one residential unit, the water system impact fee shall be based upon the size of the water meter according to the schedule set forth in Subsection C(2)(c) below. If more than one water meter is installed, the applicable water system impact fee shall be imposed for each meter according to the schedule set forth in Subsection C(2)(c), below.
[2]
Facilities such as nursing homes, and facilities such as community-based residential care facilities (CBRFs) or residential care apartment complexes (RCACs), as defined by statute, whether for-profit or not-for-profit, which include living space for five or more patients or residents and are intended for long-term or permanent residential purposes, are classified as nonresidential, commercial businesses and shall pay impact fees as though they are nonresidential development under Subsection C(2).
(2)
Nonresidential development.
(a)
Nonresidential development is defined as business, industrial, institutional and any other use which is not defined as residential under Subsection C(1) above.
(b)
The public library system impact fee and the
public park land impact fee shall not be imposed on nonresidential
development, as nonresidential development does not ordinarily generate
a need for these facilities.
(c)
The water system impact fee and the fire and
rescue system impact fee shall be imposed on nonresidential development.
These fees will be charged on a residential equivalent unit (REU)
basis, and the number of REUs to be charged will be determined by
the size of the water meter(s) installed. A three-quarter-inch meter
would service one REU, and each increase in the size of the meter
or variation in the type of meter (displacement, compound or turbine)
results in a change in flow, which in turn serves as multiplier. The
REU ratio for each meter size is set forth as follows:
|
Meter Size
(inches)
|
Meter Type
|
Flow
(gpm)
|
REU
Ratio
| |
|---|---|---|---|---|
|
3/4 or less
|
Displacement
|
15
|
1.00
| |
|
1
|
Displacement
|
25
|
1.67
| |
|
1 1/2
|
Displacement
|
50
|
3.33
| |
|
2
|
Displacement
|
80
|
5.33
| |
|
2
|
Compound
|
80
|
5.33
| |
|
2
|
Turbine
|
100
|
6.67
| |
|
3
|
Compound
|
160
|
10.67
| |
|
3
|
Turbine
|
240
|
16.00
| |
|
4
|
Compound
|
250
|
16.67
| |
|
4
|
Turbine
|
420
|
28.00
| |
|
6
|
Compound
|
500
|
33.33
| |
|
6
|
Turbine
|
920
|
61.33
| |
|
8
|
Compound
|
800
|
53.33
| |
|
8
|
Turbine
|
1,600
|
106.67
| |
|
10
|
Compound
|
1,150
|
76.67
| |
|
10
|
Turbine
|
2,500
|
166.67
|
(3)
Adjustments.
(a)
In certain cases, the Village may adjust the
number of REUs assigned, or the impact fee imposed, based upon satisfactory
evidence from the developer that such an adjustment is justified,
or because of contribution to the cost of public improvements by other
funding.
(b)
Because of the contribution to the cost of the Water System improvements by other funding applicable to the Waterford Centre Business/Industrial Planned Community Development District, as defined in § 245-74 of this Code, the Village of Waterford water system impact fee in that zoning district, per REU, shall be $800.
[Amended 5-29-2010 by Ord. No. 553; 2-28-2011 by Ord. No. 568]
[Amended 2-28-2011 by Ord. No. 568; 6-11-2018 by Ord. No. 662]
All impact fees shall be due and payable upon
the issuance of a building permit. If the total amount of the impact
fees for a development exceeds $75,000, a developer may defer payment
as set forth in Wis. Stats. § 66.0617(6)(g). In addition, the
Village Board, by resolution, may authorize the payment of impact
fees, otherwise payable in full, in installment payments. If installment
payments are authorized, interest shall be paid on the installment
payments at the same rate then charged by the Village on installments
of special assessments. Upon payment, the Village shall provide the
person from whom the Village received the payment an accounting of
how the fee will be spent.
No exemption or reduction in the amount of said
fee shall be made on land development that provides for low-cost housing.
A.
There is hereby established an impact fee fund for
public park land development within the Village of Waterford, an impact
fee fund for public library improvements within the Village of Waterford,
an impact fee fund for water system additions within the Village of
Waterford, and an impact fee fund for fire and rescue system improvements
within the Village of Waterford. Each such fund shall be placed in
a segregated, interest-bearing account and shall be accounted for
separately from all other funds of the Village. Revenues from said
funds, including impact fee revenues and interest earned on impact
fee revenues, may be expended only for the type of capital costs for
which the impact fees were imposed.
B.
The existing impact fee fund for sewer system additions within the Village of Waterford, as initially established in Ordinance No. 359, shall be administered pursuant to this article, and shall be closed out when the balance of said fund reaches zero. If said funds are not used within a reasonable time period after collection, determined herein to be within seven years of the date of collection, refunds shall be granted pursuant to § 235-36, except as that time period may be extended as set forth § 235-36B.
[Amended 2-28-2011 by Ord. No. 568]
Impact fees that are imposed and collected by the Village of
Waterford, but which are not used within a reasonable time period
after they are collected, shall be refunded to the current owner of
the property that was subject to the fee as set forth below.
A.
Pursuant to Wis. Stats. § 66.0617(9)(c)1, an impact fee
that was collected before January 1, 2003 must be used for the purpose
for which it was imposed not later than December 31, 2012. Any such
fee that is not used by that date shall be refunded to the current
owner of the property with respect to which the impact fee was imposed,
along with any interest that has accumulated.
B.
Pursuant to Wis. Stats. § 66.0617(9)(c)2, an impact fee
that was collected after December 31, 2002, and before April 11, 2006,
must be used for the purpose for which it was imposed not later than
the first day of the 120th month beginning after the date on which
the fee was collected. Any such fee that is not used by that date
shall be refunded to the current owner of the property with respect
to which the impact fee was imposed, along with any interest that
has accumulated.
C.
Reasonable time limits.
(1)
Pursuant to Wis. Stats. §§ 66.0617(9)(a) and (b),
an impact fee that is collected after April 10, 2006 and is collected
within seven years of the effective date of the ordinance that imposed
the fee, but is not used within 10 years after the effective date
of the ordinance to pay the capital costs for which it was imposed,
shall be refunded to the current owner of the property with respect
to which the impact fees were imposed, along with any interest that
has accumulated.
(a)
The Village of Waterford hereby determines that a reasonable
time period for the construction of improvements, considering the
appropriate planning and financing periods for the particular types
of public facilities for which the impact fees are imposed, shall
be considered as follows:
(2)
The ten-year time limit for using impact fees that is specified under Subsection C(1) may be extended for three years if the Village 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 subsection.
D.
Pursuant to Wis. Stats. § 66.0617(9)(d), an impact fee
that is collected after April 10, 2006, and that is collected more
than seven years after the effective date of the ordinance that imposed
the fee, shall be used within a reasonable period of time after is
collected to pay the capital costs for which it was imposed, or it
shall be refunded to the current owner of the property with respect
to which the impact fee was imposed, along with any interest that
has accumulated.
[Amended 2-28-2011 by Ord. No. 568]
A.
The following shall be exempted from payment of impact
fees herein provided, or may be eligible for a credit, as follows:
(1)
Alterations or expansion of existing buildings where
no additional or larger water meter connections are requested or required.
If a larger water meter replaces an existing meter, the water impact
fee charged shall be the difference between the increased meter size
and the existing meter size. If a smaller water meter replaces an
existing meter, no refunds of previously paid impact fees shall be
given.
(2)
The replacement of a building or structure with a
new building or structure where no additional or larger water or service
connections are requested. If a larger water meter replaces an existing
meter, the water impact fee charged shall be the difference between
the increased meter size and the existing meter size. If a smaller
water meter replaces an existing meter, no refunds of previously paid
impact fees shall be given.
(3)
No impact fee shall be charged when secondary meters
are installed for water only where there is no discharge to sewer
per PSC Schedule Am-1.
(4)
If
the use of a property changes to a use that requires impact fees not
charged to the original use (e.g., from nonresidential to residential)
and a building permit is required, the additional impact fees shall
be charged. If the use of the property changes to a use where fewer
impact fees are charged, no refunds of previously collected impact
fees shall be made.
B.
Any claim of exemption shall be made at the time of
application for building permit. Any claim not so made shall be deemed
waived.
Any person upon whom an impact fee is imposed
has the right to appeal the amount, collection, or use of the impact
fee to the Village Board of the Village of Waterford. The procedure
shall be as follows:
A.
Any person appealing the amount, collection, or use
of the impact fee shall submit a letter or petition to the Village
of Waterford Village Clerk, describing the nature of the appeal and
providing any supporting documentation therewith.
B.
The Clerk shall present the appeal letter or petition
to the Finance Committee for its recommendation to the Village Board.
In the case of an appeal of a water system impact fee, the Finance
Committee shall forward the appeal to the Public Works and Utilities
Committee for its recommendation prior to the Finance Committee's
consideration of the appeal. The Clerk shall notify the person appealing
of the time and place of the Finance Committee meeting, at which time
the appellant shall be given an opportunity to present additional
information in support of the appeal, following which the Finance
Committee shall make its recommendation to the Village Board which
shall thereafter, at a subsequent meeting, consider said recommendation
and make a determination thereon.
[Amended 7-11-2011 by Ord. No. 575]
C.
The appellant shall thereafter have a further right,
within 60 days, to request and cause the Village Board of the Village
of Waterford to conduct a formal hearing of the contest within a reasonable
time following said request.[1]
[1]
Editor's Note: Former Art. VII, Annexations, added 9-26-2005
by Ord. No. 481, as amended, which immediately followed this section,
was repealed 6-11-2018 by Ord. No. 662.
