Village of Waterford, WI
Racine County
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Table of Contents
Table of Contents
[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]

§ 235-29 Impact fees established.

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.

§ 235-30 Establishment of service area.

[Amended 2-28-2011 by Ord. No. 568; 4-23-2012 by Ord. No. 586[1]]
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.

§ 235-31 Standards.

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.

§ 235-32 Amount.

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]

§ 235-33 Payment.

[Amended 2-28-2011 by Ord. No. 568]
All impact fees shall become due and payable upon the issuance of a building permit.

§ 235-34 Low-cost housing.

No exemption or reduction in the amount of said fee shall be made on land development that provides for low-cost housing.

§ 235-35 Separate fund established.

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.

§ 235-36 Refund.

[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:
[1] 
Public park land development: 10 years.
[2] 
Public library system improvement: 10 years.
[3] 
Water system additions: 10 years.
[4] 
Fire and rescue system improvements: 10 years.
(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.

§ 235-37 Exemptions and credits.

[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.

§ 235-38 Violations and penalties.

Any person violating any provision of this article shall be subject to the uniform penalty provisions of Chapter 1, Article II, of this Municipal Code, or any other legal remedy available according to law.

§ 235-39 Appeals.

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.