[HISTORY: Adopted by the Town Board of the Town of Vernon 11-2-2006
by Ord. No. 2006-10. Amendments noted where applicable.]
If the Town Board determines that the dedication described in § 200-13 of Chapter 200, Land Division and Development Control, is not feasible or compatible with the development of the Town, the owner shall, in lieu thereof, pay an impact fee to the Town pursuant to § 66.0617 Wis. Stats., as described in this chapter to pay for the capital costs that are necessary to accommodate future land development with regard to parks, playgrounds and land for athletic fields.
The amount of the impact fee shall be as follows:
A.
Base impact fee amount: $410 per residential dwelling
unit.
B.
In order to account for future increases in construction
costs and interest costs, and in order to ensure that the fees are equitably
distributed between current and future developers, the impact fees described
herein shall automatically adjust on an annual basis on January 1 of each
year by the percentage increase or decrease in the United States Bureau of
Labor Statistics Midwest Region All Items Consumer Price Index for All Urban
Consumers from January 1 of the preceding year.
Revenues from impact fees collected pursuant to this chapter shall be
placed in a segregated, interest-bearing account and shall be accounted for
separately from the other funds of the Town of Vernon. Impact fee revenues
and interest earned on impact fee revenues may be expended only for capital
costs for which the impact fees were imposed.
Impact fees that are imposed and collected by the Town of Vernon pursuant
to this chapter must be spent or refunded within seven years from the date
the fee is collected, unless extended by resolution pursuant to § 66.0617(9)
Wis. Stats. Refunds shall be made to the then-current owner of the property
with respect to which the impact fees were imposed.
A.
Developers or property owners of property subject to
a land development shall pay impact fees to the Town of Vernon in full upon
the first to occur of the following events, unless the Town of Vernon Town
Board agrees otherwise in writing:
(1)
Recording a plat or certified survey map which would
divide any land that is zoned to permit a residential use by right;
(2)
Issuing a building permit for any land development;
(3)
Granting any other approval by the Town of Vernon for
any land development (e.g., rezoning, conditional use, occupancy permit, or
other approval).
B.
In every case, the impact fee must be paid in full no
later than within 14 days of the issuance of an occupancy permit.
C.
The foregoing payment obligation applies only to such
land development events that occur within the Town of Vernon from the effective
date of this chapter until this chapter is repealed. If for any reason, intentional
or unintentional, payment is not made when it first becomes due, the Town
of Vernon, at its option, may enforce the obligation at the time of any succeeding
land development event until payment is fully received. If more than one developer
or property owner participates in a land development project, or if different
developers or property owners participate at different times, the developers
and all applicable property owners shall be deemed to have independently apportioned
their payment obligation among themselves. The Town of Vernon shall be entitled
to refuse to approve a land development event until payment is made, and shall
have no obligation to determine which developer or property owner is required
to pay, even if payment from the then-current developer or property owner
would not have been required but for the fact that a prior developer or property
owner did not pay.
Pursuant to § 66.0617(10) Wis. Stats., a developer upon whom
an impact fee is imposed has the right to contest the amount, collection or
use of the impact fee to the Town of Vernon Town Board. The procedures for
such appeal shall be as follows.
A.
All appeals which challenge the Town authority granted
by this chapter, or the procedures for adoption of this chapter, or otherwise
challenge the validity of this chapter, must be filed in writing with the
Town Clerk within 90 days of the effective date of this chapter, unless applicable
state law specifically allows a longer time for such appeal, in which case
the applicable state law limitation shall apply.
B.
All appeals which challenge the Town's actions in
administering or enforcing this chapter must be filed in writing with the
Town Clerk within 15 days of the date that the Town action that is to be appealed
took place.
C.
In all cases, the appeal must be entitled "Notice of
Appeal of Impact Fee" and shall state the developer's name, address,
telephone number; address (if available) and legal description of the land
development upon which the impact fee is imposed; and a statement of the nature
of and reasons for the appeal.
D.
The Town Clerk shall schedule the appeal for consideration
by the Town Board at a regular or special meeting as soon as reasonably practicable
under the circumstances and shall notify the developer of the time, date and
place of such meeting, in writing, by regular mail, deposited in the mail
no later than at least three days before the date of such meeting. Upon review
of such appeal, the Town Board may adjust the amount, collection, or use of
the impact fee that applies to the appellant, upon just and reasonable cause
shown.
The Town of Vernon exercises this authority pursuant to § 66.0617
Wis. Stats., and this chapter shall be interpreted in conjunction with said
statute, including any future revisions thereto, including, but not limited
to, the statutory definition of the terms "developer" and "land development."
