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