[HISTORY: Adopted by the Village Board of the Village of Black Earth 11-14-2005
by Ord. No. 05-O-12. Amendments noted where applicable.]
The requirements of this chapter are established to ensure that adequate
library space and facilities are properly located and preserved as the Village
grows and that the cost of providing the library space 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 chapter is intended to impose a library impact fee in order to
finance library space and 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 library impact fees. Library impact fees shall be spent on
new or enlarged capital facilities improvements required by new developments
that pay the fees.
Authority for this section is provided by § 66.0617, Wis.
Stats. The provisions of this section shall not be construed to limit the
power of the Village to adopt any ordinance, other impact fee or other 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 section.
This chapter shall be uniformly applicable to all new residential development
that occurs within the Village of Black Earth.
As used in this chapter, 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 chapter, capital improvements specifically includes any library facilities,
including acquisition of land, construction, improvements, library 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 levied pursuant to this chapter when
any portion of the revenues collected is intended to fund any portion of the
costs of the library facilities or capital improvements identified in this
chapter and/or the needs assessment.
See "capital improvements. "
The Village's official land use plan.
The needs assessment prepared by Vierbicher Associates, Inc., entitled
"Library Impact Fee Needs Assessment" and approved by the Village Board following
public hearing on November 14, 2005, which identified the public facility
costs for the purpose of calculating impact fees as defined by § 66.0617,
Wis. Stats. The adopted needs assessment is on file with the Village Clerk.
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
two RLUs, an eight-unit condominium building shall count as eight RLUs, a
four-unit apartment building shall count as four RLUs). An 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 pay the library impact fee as further set forth in this
chapter.
B.
Uniform application; discretion. Library impact fees
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 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. Library 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 library impact fee shall be $550[1] per residential living unit (RLU) until amended by the Village
Board. No amended library impact fee shall exceed $862 (as adjusted for inflation)
unless a new needs assessment is prepared as provided in § 66.0617,
Wis. Stats.
[1]
Editor's Note: This amount was set on November 14, 2005 by Village
Board following consideration of the library impact fee needs assessment prepared
by Vierbicher Associates, Inc., and adopted by the Village Board on November
14, 2005. The needs assessment justified an impact fee of $862.
(2)
The library impact fees shall be assessed against each
RLU created by the new residential development to calculate the total library
impact fee assessment.
C.
Payment due. The total library 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 library
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 library impact fees,
the funds shall be placed into a separate library 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
account for 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 library impact fees collected
under this section shall be used for the library facilities, capital improvements
and capital costs identified in the needs assessment. 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.
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
chapter, 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 § 66.0617(9),
Wis. Stats., 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 chapter.
B.
Refund requirement. Impact fees held by the Village and
not expended or pledged toward repayment of indebtedness incurred for capital
improvements under this section 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 a library impact fee imposed under this chapter may be appealed to the Village Board pursuant to the procedures set forth in § 287-28.
This chapter 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 library impact fee is 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, chapters 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 chapter; provided however, that
a property owner may be required to pay, pursuant to Village ordinances, regulations
or policies, other fees or for other capital improvements in addition to the
library impact fee for capital improvements as specified in this chapter.
The provisions of this chapter 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 chapter 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.
