[HISTORY: Adopted by the Town Board of the
Town of Ledgeview 7-5-2016 by Ord. No. 2016-013[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 15.
Parks and recreation facilities — See Ch. 71.
Zoning — See Ch. 135.
[1]
Editor’s Note: This ordinance also superseded former
Ch. 56, Impact Fees, adopted 2-18-2004 by Ord. No. 2004-002, as amended.
This chapter is intended to allocate financial burdens of providing
public facilities fairly between residents living in the Town at the
time of adoption of this chapter and owners of existing land development
projects within the Town and developers of new land developments,
and to comply with § 66.0617, Wis. Stats., on municipal
impact fees.
A.
Imposition
of park facilities impact fee.
(1)
Appropriateness and use of fee. The Town Board has determined that
it is appropriate to impose and use impact fees to pay for the capital
costs for park facilities that are necessary to accommodate new land
development without decreasing current levels of service in the Town.
The impact fees are being imposed in accordance with § 66.0617,
Wis. Stats., and the needs assessment and methodology set forth in
the Impact Fee Report for Park Improvement ("Needs Assessment Report")
on file in the office of the Town Clerk.
(2)
Payment of park facilities impact fee required.
[Amended 12-21-2021 by Ord. No. 2021-22]
(a)
Any person who, after the effective date of this chapter, applies for a building permit or an extension of a previously issued building permit, for the construction or modification of improvements to real property that creates additional residential dwelling units within the Town, shall pay a park facilities impact fee as indicated in the Town Code of Ordinances Chapter 1, General Provisions, Article II, Fees and Penalties, § 1-19, Fee Schedule.
(3)
Low-cost housing. The impact fee imposed by this section may be waived
or reduced by the Town Board upon recommendation of the Plan Commission
on new development for low-cost housing in accordance with § 66.0617(7),
Wis. Stats.
(4)
Definitions. The definitions set forth in § 66.0617(1),
Wis. Stats., and any amendments thereto, are hereby incorporated and
made a part of this chapter unless otherwise expressly modified in
the Needs Assessment Report.
(5)
Fee review. The Town Treasurer shall report annually to the Town
Board with regard to all deposits, withdrawals and fund balances in
the accounts established for impact fees. Upon review of such reports,
the Town Board may determine to make reasonable modifications to the
impact fees, if necessary, in accordance with § 66.0617,
Wis. Stats.
B.
Imposition
of transportation impact fee.
(1)
Appropriateness and use of fee. The Town Board has determined that
it is appropriate to impose and use impact fees to pay for the capital
costs for transportation facilities that are necessary to accommodate
new land development without decreasing current levels of service
in the Town. The impact fees are being imposed in accordance with
§ 66.0617, Wis. Stats., and the needs assessment and methodology
set forth in the Impact Fee Report for Park Improvement ("Needs Assessment
Report") on file in the office of the Town Clerk.
(2)
Payment of transportation impact fee required. Any person who, after
the effective date of this chapter, applies for a building permit
or an extension of a previously issued building permit, for the construction
or modification of improvements to real property that creates additional
residential dwelling units within the Town, shall pay a transportation
impact fee as follows:
(3)
Low-cost housing. The impact fee imposed by this section may be waived
or reduced by the Town Board upon recommendation of the Plan Commission
on new development for low-cost housing in accordance with § 66.0617(7),
Wis. Stats.
(4)
Definitions. The definitions set forth in § 66.0617(1),
Wis. Stats., and any amendments thereto, are hereby incorporated and
made a part of this chapter unless otherwise expressly modified in
the Needs Assessment Report.
(5)
Fee review. The Town Treasurer shall report annually to the Town
Board with regard to all deposits, withdrawals and fund balances in
the accounts established for impact fees. Upon review of such reports,
the Town Board may determine to make reasonable modifications to the
impact fees, if necessary, in accordance with § 66.0617,
Wis. Stats.
Pursuant to § 66.0617(2)(b), Wis. Stats., the imposition
of park facilities impact fees under this section does not prohibit
or limit the Town's authority to finance park facilities by other
means authorized by law, including, but not limited to, for example,
the use of fees in lieu of land dedication under Chapter 236 of the
Wisconsin Statutes, which are deemed to not be impact fees as that
term is used in § 66.0617, Wis. Stats.
A.
Public facilities needs assessment for park improvements. In accordance
with § 66.0617(4), Wis. Stats. the Town has prepared a Needs
Assessment Report for park facilities improvements. The needs assessment,
standards and methodology used for calculation of the park facilities
impact fee, together with documentation of the Town's compliance with
the statutory requirements, are contained in the Needs Assessment
Report on file with the Town Clerk.
B.
Transportation needs and impact study for transportation improvements.
In accordance with § 66.0617(4), Wis. Stats., the Town has
prepared a Transportation Needs and Impact Study for transportation
improvements. The needs assessment, standards and methodology used
for calculation of the transportation impact fee, together with documentation
of the Town's compliance with the statutory requirements, are contained
in the Needs Assessment Report on file with the Town Clerk.
Revenues collected as impact fees under this chapter shall be
placed by the Town Treasurer in segregated interest-bearing accounts
and shall be accounted for separately from other funds of the Town.
Impact fee revenues and interest earned on impact fee revenues may
be expended by the Town only for the capital costs for which the impact
fees were imposed and shall be expended on a first-in first-out basis.
Separate accounts shall be kept of fees collected from different impact
fee zones, where the particular impact fee ordinance provides for
differential fees according to zones, and revenues collected in particular
zones shall be spent in those zones as appropriate.
A.
The
Town determines the following lengths of time appropriate for the
planning, financing, acquisition and construction and equipment of
the public facilities listed:
[Amended 12-21-2021 by Ord. No. 2021-22]
Type of Facility
|
Maximum Time to Use Impact Fees Collected from Time of Fee Collection
|
---|---|
Park Improvements
|
Pursuant to §66.0617(9), Wis. Stats.
|
Transportation Improvements
|
Pursuant to §66.0617(9), Wis. Stats.
|
A.
Appeals
to the imposition of impact fees may be brought by developers, as
defined in § 66.0617(1)(b), Wis. Stats., as follows:
(1)
It shall be a condition to the lodging of such an appeal that the
impact fee appealed from shall be paid as and when the fee or any
installments thereof become due and payable, and upon default in making
any such payment, such appeal shall be dismissed.
(2)
The only questions that are appealable under this chapter are the
following, pursuant to § 66.0617(10), Wis. Stats.:
(3)
Pursuant to § 66.0617(6)(g), Wis. Stats., the Appeal Board
may authorize the payment of a fee that is otherwise payable at the
time of issuance of a building permit or other required municipal
approval as specified within the ordinance imposing the particular
impact fee in installment payments. The Appeal Board may require that
interest be paid on installment payments at a rate comparable to the
rate charged by the Town on installment payments of special assessments
modified to reflect then-current interest costs or interest cost estimates.
(4)
A challenge to the use of impact fees that are collected shall address solely the question of whether the fees are being used for the purposes for which they were collected within the allowable time established under § 56-6A, above. Appeals as to use of proceeds are not entitled to challenge the Town's public facility plans or needs assessment.
B.
Appeals
must be brought within 30 days of the date of payment of the impact
fee by the appellant. The appeal must be submitted to the Town Clerk,
in writing, and must specify the basis of the appeal.
C.
For
purposes of this chapter, the Town Board shall be the Hearing and
Appeals Board, and appeals and notices of appeal shall be filed with
the Town Clerk. An application fee to bring an appeal shall be paid
at the time of the filing of the appeal in the amount of $100. The
appeal fee is nonrefundable, and failure to pay this amount shall
cause the appeal to be dismissed.
D.
Following
the filing of the appeal, the Town Clerk shall compile a record of
the ordinance imposing the impact fee that is the subject of the appeal
and a record of the management and expenditure of the proceeds of
such fee and shall transmit such with the appeal documents to the
Appeal Board. In consultation with appropriate departments at the
Town government, the Town Clerk shall also compile a report on each
appeal in which the appellant is seeking a reduction or total refund
in the fee paid by the appellant. This report shall identify the fiscal
impact on the Town if the request to the appellant is granted. If
this fiscal impact report indicates that the granting of the appeal
will cause a revenue shortfall that otherwise had not been expected
with respect to the public facility, and if this revenue shortfall
cannot be reconciled by reduction in impacts caused by development
on the appellant's property, the report shall estimate whether it
will be necessary for the Town to adjust impact fees to amendment
of existing ordinances to make up the revenue shortfall.
E.
The
Appeal Board shall hold a public hearing on the appeal, preceded by
a Class I notice under Ch. 985, Wis. Stats., providing fair opportunity
for the appellant to be heard. The burden shall be on the appellant
to establish illegality or impropriety of the fee from which the appeal
has been taken. Following the close of the public hearing, the Appeal
Board shall deliberate upon the matter, conducting such studies and
inquiries as it deems appropriate, and shall decide the appeal.
F.
If
the Appeal Board feels that the appeal has merit, the Appeal Board
may determine the appropriate remedies. These may include redirection
of the proceeds of the impact fee in question to accomplish the purposes
for which the fee was collected, refunding in full or in part the
impact fee that was collected, along with interest collected by the
Town thereon, or granting the appellant the opportunity to make the
impact fee payment in installment payments as described in this chapter,
or such other remedies as the Appeal Board deems appropriate to the
case.
If any provision of this chapter is declared illegal or invalid
for any reason, that illegality or invalidity shall not affect the
remaining provisions, which shall remain in full force and effect.