[HISTORY: Adopted by the Village Board of the Village of Black Earth
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-4-2004 by Ord. No. 04-O-6]
A.
To protect the parks, parkways, recreational facilities
and conservancy area within the village from injury, damage or desecration,
these regulations are enacted.
B.
"Park" shall include all grounds, structures, and watercourses,
which are or may be located within any area dedicated to the public use as
a park, parkway, recreation facility or conservancy district in the village.
A.
Parks generally shall be closed and all activities therein
shall be terminated at 10:00 p.m., Sunday through Thursday, and 11:00 p.m.,
Friday and Saturday, and shall not reopen until 7:00 a.m. the following morning.
B.
Sunny Field Park. Sunny Field Park shall close each day
at sunset as that term is defined and designated by the national weather service.
C.
Exceptions. No person shall enter or remain in any park
at any time other than as herein provided, unless specific written authority
is first obtained from the Village Clerk or unless the person is involved
in an activity that has been previously sanctioned in writing by the Park
Committee and/or Village Board.
A.
No person shall drink or have in his/her possession any
fermented malt beverage or intoxicating liquor in any village park after 10:30
p.m. on any day of the week unless there is written prior approval of the
Village Board.
B.
Sunny Field park. The foregoing notwithstanding, no person
shall drink or have in his possession any fermented malt beverage or intoxicating
liquor in Sunny Field Park at any time, unless there is written prior approval
of the Village Board.
No person shall post, paste, fasten, paint or attach any placard, bill,
notice, sign or advertising matter upon any structure, tree or other natural
object in any park, except park regulations and other signs authorized by
the Village Board.
No person shall strike a golf ball or throw or bat a hard ball in any
park, except pursuant to village-sponsored activities under the direction
of the Village Recreation Director or in areas specifically designated for
such activities.
No person shall remove benches, seats, tables or other park equipment
without prior approval of the Village Board.
No camping shall be permitted in any park without prior approval of
the Village Board.
No person shall start, tend or maintain a fire. Personal grills are
permitted, provided lawns and vegetation are not endangered. Unburned fuel
and ashes shall be disposed of in such a manner as to prevent fire or damage
to any park property.
No person shall in any manner, harass, disturb or interfere with persons
holding written permits granted by the village for the use of park shelter
areas or park facilities.
No person shall intentionally cut or break any kind of glass, break
or in any way injure or deface any building, fence, lamp, equipment or facility
of any feature of property, including natural objects upon or within the park.
No person shall throw, deposit, place or leave in the park, any paper
rubbish, waste cans, bottles or refuse of any kind, except in receptacles
provided for waste.
No person shall have in his/her possession within village parks any
glass beverage container or containers.
When village approval or permission in writing is required, the proper
village authority will authorize the same and inform the Village Clerk who
shall issue the required permission by permit which shall be available for
display upon official request.
In addition to the regulations contained in this article, the Park Committee
may post, from time to time, specific rules and regulations. Such specific
rules and regulations, when posted by the authority of the Village Board,
shall be incorporated by reference into this article as fully as set forth
herein.
No person shall dump or deposit any rubbish, refuse, earth or other
material in any park.
No person shall operate or play any amplifying system without prior
approval of the Village Board.
No person shall permit any dog, cat or other pet owned to be in any
park unleashed.
[Adopted 5-1-1990 by Ord. No. 90-O-7
as Ch. 21 of the 1990 Code; amended in its entirety 8-3-2004
by Ord. No. 2004-O-7[1]]
[1]
Editor's Note: This ordinance amended former Ch. 287, Public Lands, Dedicated of, in its entirety; however, it was not the intent of the Village to delete the regulations of Ord. No. 04-O-6 (contained in Art. I of this article) which were added to the chapter prior to its amendment. Therefore, Ord. No. 04-O-6 was added as Art. I and the amended parkland fees and dedication regulations were subsequently redesignated as Art. II and renumbered to follow the consecutive numbering style of the Code.
The requirements of this article are established to ensure:
A.
That adequate parks, open spaces, and sites for other
public uses are properly located and preserved as the Village grows; and
B.
That the cost of providing the park and recreation sites
and facilities necessary to serve the additional people brought into the community
by land development are equitably apportioned on the basis of additional needs
created by development.
This article is intended to impose a parkland dedication requirement
and an impact fee in order to finance park facilities, the demand for which
is generated by new residential development. The Village is responsible for
and will meet, through the use of general Village revenues, all capital improvement
needs associated with existing development. Only needs created by new development
will be met by impact fees. Impact fees shall be spent on new or enlarged
capital facilities improvements required by new developments that pay the
fees.
Authority for this article is provided by Wis. Stat. § 66.0617.
The provisions of this article shall not be construed to limit the power of
the Village to adopt any ordinance or fee pursuant to any other source of
local authority or to utilize any other methods or powers otherwise available
for accomplishing the purposes set forth herein, either in lieu of or in conjunction
with this article.
This article shall be uniformly applicable to all new residential development
that occurs within the Village of Black Earth.
As used in this article, the following words and terms shall have the
following meanings, unless the context indicates another meaning is clearly
intended:
The permit required for new construction and additions pursuant to
Black Earth Municipal Code. The term "building permit," as used herein, shall
not be deemed to include permits required for remodeling, rehabilitation,
or other improvements to an existing structure or rebuilding a damaged or
destroyed structure, provided there is no increase in the number of dwelling
units resulting therefrom.
The capital costs to construct, expand or improve public facilities,
including the cost of land, and including legal, engineering and design costs
to construct, expand or improve public facilities, except that not more than
10% of capital costs may consist of legal, engineering and design costs unless
the political subdivision can demonstrate that its legal, engineering and
design costs which relate directly to the public improvement for which the
impact fees were imposed exceed 10% of the capital costs. "Capital costs"
does not include other noncapital costs to construct, expand or improve public
facilities or the cost of equipment to construct, expand or improve public
facilities.
Public facilities that are treated as capitalized expenses according
to generally accepted accounting principles and does not include costs associated
with the operation, administration, maintenance, or replacement of capital
improvements, nor does it include administrative facilities. For purposes
of this article, "capital improvements" specifically includes any park and
recreational facilities, including acquisition of land, construction, improvements,
park equipment, and installation of same.
Any man-made change to improved or unimproved real property, the
use of any principal structure or land, or any other activity that requires
issuance of a building permit. The term "building permit," as used herein,
shall not be deemed to include permits required for remodeling, rehabilitation,
or other improvements to an existing structure or rebuilding a damaged or
destroyed structure, provided there is no increase in the number of dwelling
units resulting therefrom.
Any charge, fee, or assessment (or equivalent land dedication) levied
pursuant to this article when any portion of the revenues collected is intended
to fund any portion of the costs of capital improvements.
The Village's official land use plan
The needs assessment prepared by Vierbicher Associates, Inc., and
approved by the Village Board following public hearing on July 6, 2004, which
identified the public facility costs for the purpose of calculating impact
fees as defined by Wis. Stat. § 66.0617. The adopted needs assessment
is on file with the Village Clerk.
See "capital improvements."
Any development approved by the local government for residential
use.
A single-family residence, a separate living area within a multiunit
residential apartment or condominium building, or a separate residential living
area in a mixed-use commercial/residential building. RLUs for multiunit residential
buildings generally consists of a combination of bedroom(s), bathroom(s),
kitchen(s) and/or living area for the purpose of providing a separate and
distinct living space, or as otherwise may reasonably be designated as separate
by the Village or the Dane-Iowa Wastewater Commission. (Examples: a single-family
home shall count as one RLU, a duplex or side-by-side townhouse shall count
as two RLUs, an eight-unit condominium building shall count as eight RLUs,
a four-unit apartment building shall count as four RLUs). A RLU for a mixed-use
commercial/residential building generally consists of the separate and distinct
residential living space within the mixed-use building, as may reasonably
be designated by the Village as separate, but shall not include the commercial
portion of the mixed-use building. (Examples: a mixed-use building with one
apartment unit and a business shall count as one RLU; a mixed-use building
with two apartment units and a business shall count as two RLUs).
A plat, certified survey map, or other method used to divide a parcel
of property into two or more separate parcels or lots.
A.
General requirement. Any person who creates a new residential
development in the Village, whether by certified survey or a subdivision plat,
shall be required to dedicate parkland, pay an impact fee or provide a combination
of parkland dedication and impact fees as further set forth in this article.
The decision to require a parkland dedication, an impact fee, or a combination
thereof shall be at the sole discretion of the Board.
B.
Combination. If the Board determines that a combination of impact fees and parkland dedication best serves the public interest, the fee, in such cases, shall be determined by subtracting the value of the square footage of dedicated land, as set forth in § 287-28B, from the total impact fee which would have been imposed had no parkland been dedicated.
C.
Uniform application; discretion. Impact fees and parkland
dedications shall be assessed in such a manner that any new development having
the same impacts on capital facilities shall be assessed the same impact fee.
This provision notwithstanding, the Village Board may contribute from the
general fund any part or all of the impact fee or parkland dedication assessed
against a new development that promotes other policies established by the
Village Board from time to time including, but not limited to, the provision
of affordable housing and the retention of existing employment or the generation
of new employment.
A.
General. Impact fees shall not exceed the cost of providing
capital improvements for which the need is reasonably attributable to those
developments that pay the fees. The fees shall be spent on new or enlarged
capital improvements that reasonably benefit those developments for which
the fees are paid and as further set forth herein.
B.
Amount and calculation.
(1)
The park impact fee shall be $1,500[1] per residential living unit (RLU) until amended by the Village
Board, provided, however, that no such amendment shall exceed $2,000 (as adjusted
for inflation) unless a new needs assessment is prepared as provided in Wis.
Stat. § 66.0617.
[1]
Editor's Note: This amount was set on July 6, 2004, by the Village
Board following consideration of the park impact fee needs assessment prepared
by Vierbicher Associates, Inc., and adopted by the Village Board on July 6,
2004. The needs assessment justified an impact fee of $2,000 based on a land
value of $35,000 per acre. The impact fee set by the Village Board may be
adjusted for inflation annually on January 1 by resolution of the Village
Board without further need to amend this article.
(2)
The park impact fees shall be assessed against each RLU created by the new residential development to calculate the total park impact fee assessment. If the Board determines that a combination of park impact fee and parkland dedication should be imposed, rather than solely relying on the park impact fee, the total park impact fee assessment shall be reduced by the value of the parkland dedicated. (See the example under Black Earth Municipal Code § 287-25B).
C.
Payment due. The total impact fee assessment shall become
due and payable at the time the final plat, final certified survey map, or
other final subdivision approval is granted by the Board. Notwithstanding
the foregoing, no final plat, certified survey map, or building permit shall
be issued or executed until the impact fee imposed by this section has been
paid in full.
D.
Annual review. The Village may annually review the impact
fee and make such modifications as are deemed necessary as a result of development
occurring in the prior year; capital improvements actually constructed; changing
facility needs; inflation; revised cost estimates for land acquisition and
capital improvements; changes in the availability of other funding sources
applicable to public facility projects; and such other factors as may be relevant.
E.
Segregated account. Upon receipt of impact fees, the
funds shall be placed into a separate impact fee account. At the discretion
of the Village, multiple impact fee accounts may be maintained for separate
and distinct development or capital improvements projects. All such accounts
shall be interest-bearing accounts and be held in a bank authorized to receive
deposits of Village funds. Interest earned shall be credited to that account
and shall be used solely for the purposes specified for such funds.
F.
Maintenance of records. The Village shall maintain and
keep accurate financial records for the account including the source and disbursement
of all revenues; shall account for all monies received; shall ensure that
the disbursement of funds shall ensure proper use of such funds; and shall
provide an annual account showing the source and amount of all funds collected
and the projects that were funded.
G.
Use of impact fees. The impact fees collected under this
section shall be used for the capital improvements and capital costs identified
in the needs assessment. In determining where to allocate impact fee expenditures,
the needs assessment supports spending 37% of the impact fees on community-wide
parkland facilities and 63% of the impact fees on subneighborhood parkland
facilities that primarily benefit the new residential development being assessed
the impact fee. The Village Board may follow this allocation of expenditures
or deviate from it where otherwise justified by the nature of the new residential
development or the public interest.
A.
Design criteria.
(1)
In the design of a subdivision, land division, or new
residential development project, provisions shall be made for suitable sites
of adequate area for parks, playgrounds, open spaces, and other public purposes.
Such sites shown on the Official Map, Master Plan, comprehensive outdoor recreation
plan, if any, or other plan shall be considered in the design.
(2)
Consideration may be given to the preservation of scenic
and historic sites, stands of trees, marshes, lakes, ponds, streams, watercourses,
watersheds, wetlands, ravines, woodlands, prairie plants and animal communities.
The park shall be improved with the necessary public improvements as required
by the Village Board, with input from the Plan Commission, Public Works/Parks
Committee, Village Engineer, and Director of Public Works, as the Village
Board deems necessary.
B.
Amount of parkland dedication. Sufficient developable
land area shall be dedicated for park, recreation and open space needs of
the development that is suitable and readily developable to provide adequate
park, playground, recreation and open space to meet the needs to be created
by and to be provided for the subdivision or new development project in accordance
with the standards outlined hereinafter. The Board shall determine the amount
of parkland to be dedicated, provided that the value of said dedication shall
not exceed the total impact fee assessment. The value of the parkland dedicated
shall be determined based on the assessed value of the land dedicated, or
on such appraised or other market basis as determined reasonable by the Board.
This value shall then be subtracted from the total impact fee assessed to
determine the amount of the impact fee still due and owing, if any. An example
of the calculations for the parkland dedication and for combining parkland
dedication with impact fees is set forth in the footnote below.[1]
[1]
Editor's Note: Please note the following example, which is being
provided for illustration purposes. Assuming that the assessed value of the
land to be dedicated is $35,000 per acre, the impact fee is $1,500 per RLU
and the new residential development has 120 single-family lots with one RLU
per lot, the total impact fee would be $1,500 x 120 or $180,000. The Board
could simply assess this amount. In the alternative, the Board could require
the dedication of land, with maximum acreage calculated as follows: $180,000
divided by $35,000 (the per acre value of land) = 5.14 acres of land or 5.14
acres x 43,560 sq feet in an acre = 223,898.4 square feet. Finally, and as
an alternative to either an exclusive parkland dedication or impact fee, the
Board could require a combination of the two. For example, the Board could
require a two-acre park (with a value of $70,000) plus $110,000 in cash.
C.
Annual review. The Village may annually review the parkland
dedication and make such modifications as are deemed necessary as a result
of development occurring in the prior year; capital improvements actually
constructed; changing facility needs; inflation; revised cost estimates for
capital improvements; changes in the availability of other funding sources
applicable to public facility projects; and such other factors as may be relevant.
The Village may issue bonds, revenue certificates, and other obligations
of indebtedness in such manner and subject to such limitations as may be provided
by law in furtherance of the provision of capital improvement projects. Funds
pledged toward retirement of bonds, revenue certificates, or other obligations
of indebtedness for such projects may include impact fees and other Village
revenues as may be allowed by the Board. Impact fees paid pursuant to this
article, however, shall be restricted to use solely and exclusively for financing
directly or as a pledge against bonds, revenue certificates, and other obligations
of indebtedness for the cost of capital improvements as specified herein.
A.
Reasonable time determination. Pursuant to Wis. Stat.
§ 66.0617(9), the Village determines that 20 years is a reasonable
length of time for the planning, financing, acquisition and construction of
the public facilities set forth in this article.
B.
Refund requirement. Impact fees held by the Village and
not expended or pledged toward repayment of indebtedness incurred for capital
improvements under this article within 20 years of payment shall be refunded
to the person, who at the expiration of such time, is the owner of record
of the property upon which the impact fee was imposed.
C.
Refund petition. The applicable owner of record may apply
for a refund of all or part of such fee as follows:
(1)
A petition for refund must be filed within one year of
the event giving rise to the right to claim a refund.
(2)
The petition for refund must be submitted in writing
to the Village President or his or her duly designated agent. The petition
shall set forth the basis for petitioner's request for the refund.
(3)
Within one month of the date of receipt of a petition
for refund, the Village President or his or her duly designated agent must
provide the petitioner, in writing, with a decision on the refund request
including the reasons for the decision. If a refund is due to the petitioner,
the Village President or his or her duly designated agent shall request that
a refund payment be made to petitioner.
(4)
Petitioner may appeal the determination of the Village
President to the Village Board.
Payment of an impact fee or dedication of parkland imposed under this
article may be appealed to the Village Board as set forth below.
A.
The applicant seeking appeal must file a written notice
of appeal with the Village Board within 30 days following either the denial
of execution of a final plat, certified survey map or other subdivision; denial
of issuance of a building permit; denial of a refund; or date the impact fee
was due, whichever is applicable, and in the event of a conflict the earliest
date applicable.
B.
The notice of appeal shall state the applicant's
name, address, telephone number, address, legal description of the applicable
lot or parcel, and a statement of the nature of and reasons for the appeal.
In the event payment of an impact fee is being appealed, the notice of appeal
shall be accompanied by full payment of the impact fee if such payment has
not already been provided to the Village.
C.
The Village Clerk shall schedule the appeal for consideration
by the Village Board at a regular or special meeting no later than 60 days
from receipt of the notice of appeal. The Village Clerk shall notify the applicant
of the date, time and location of the meeting in writing, by regular mail,
no less than three days before the date of such meeting.
D.
Upon review of the appeal, the Village Board may adjust
the amount, collection, refund or use of the impact fee or parkland dedication
upon just and reasonable cause shown and in a manner consistent with the terms
of this article. Approval, denial, or modification of the appeal request may
be made by regular motion of the Board. The decision of Board shall be a final
administrative determination.
E.
No impact fee payment or parkland dedication shall be
suspended or stayed during the pendency of any appeal filed pursuant to this
section.
This section shall not affect, in any manner, the permissible use of
property, density of development, design and improvement standards and requirements,
or any other aspect of the development of land or provision of capital improvements
subject to the zoning and subdivision regulations or other regulations of
the Village, which shall be operative and remain in full force and effect
without limitation with respect to all such development.
The impact fee and/or parkland dedication is/are additional and supplemental
to, and not in substitution of, any other requirements imposed by the Village
on the development of land or the issuance of building permits. It is intended
to be consistent with and to further the objectives and policies of the Master
Plan or Comprehensive Plan, the capital improvements plan, and other Village
policies, ordinances, and resolutions by which the Village seeks to ensure
the provision of public facilities in conjunction with the development of
land. In no event shall a property owner be obligated to pay for capital improvements
in an amount in excess of the amount calculated pursuant to this article;
provided, however, that a property owner may be required to pay, pursuant
to Village ordinances, regulations, or policies, for other capital improvements
in addition to the impact fee for capital improvements as specified in this
article.
The provisions of this article are hereby found and declared to be in
furtherance of the public health, safety, welfare, and convenience, and it
shall be liberally construed to effectively carry out its purposes. If any
subsection, phrase, sentence or other portion of this article is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed separate, distinct and independent, and such holding
shall not affect the validity of the remaining portions thereof.
