[HISTORY: Adopted by the Village Board of
Village of Cottage Grove 3-18-1996. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Village of Cottage Grove Impact Fee Ordinance."
Pursuant to the authority of s. 66.55, Wis.
Stats., the local impact fees enabling legislation, the purpose of
this chapter is to establish the mechanism for the imposition of impact
fees upon new development to finance the capital costs of acquiring,
establishing, upgrading, expanding and constructing public facilities
which are necessary to accommodate land development. This chapter
is intended to assure that new development bears a proportionate share
of the cost of capital expenditures necessary to provide public facilities
within the Village of Cottage Grove and its service areas as they
are required to serve the needs arising out of land development.
As used in this chapter, the following terms
shall have the meanings indicated:
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 such costs which relate directly
to the public improvement for which the impact fees were imposed actually
exceed 10% of capital costs. "Capital costs" does not include other
non-capital costs to construct, expand or improve public facilities
or the costs of equipment to construct, expand or improve public facilities.
Any man-made change to improved or unimproved real property,
the use of any principal structure or land or any other activity that
requires the issuance of a building permit.
Cash contributions, of land or interests in land or any other
items of value that are imposed on a developer under this chapter.
The construction or modification of improvements to real
property that creates additional residential dwelling units within
the Village or its service areas or that results in nonresidential
uses that create a need for new, expanded or improved public facilities
within the Village or its service areas.
Highways, as defined in s. 340.01(22), Wis. Stats., and other
transportation facilities, traffic control devices, facilities for
collecting and treating sewage, facilities for collecting and treating
storm- and surface waters, facilities for pumping, storing and distributing
water, parks, playgrounds and other recreation facilities, solid waste
and recycling facilities, fire protection facilities, law enforcement
facilities, emergency medical facilities and libraries. "Public facilities"
does not include facilities owned by a school district.
The amount of billable sewage flow that is estimated to be
contributed to the system from a single-family residence. For the
purposes of this chapter, this amount is defined as 248 gallons per
day per single-family residence.
A geographic area delineated by the Village Board within
which the Village provides public facilities.
A certain quantity or quality of public facilities relative
to a certain number of persons, parcels of land or other appropriate
measure, as specified by the Village Board.
New public facilities, or improvements or expansions
of existing public facilities, that are required because of land development
for which impact fees will be imposed are those which are identified
in this chapter and in facilities needs assessment reports prepared
prior to the adoption of this chapter and in conjunction with any
amendments hereto. All facilities needs reports that form the basis
of any impact fee imposed by the Village shall be kept on file in
the office of the Village Clerk at least 20 days prior to any public
hearing to be held on the creation of this chapter and any amendments.
A Class 1 notice is required prior to any required hearing. All facilities
needs assessment reports shall remain on file in the office of the
Village Clerk for the entire period during which impact fees arising
out of a specific report and this chapter are collected prior to expenditure,
and such report shall, after expenditure of all impact fees, be maintained
as a public record for such time period as required by law.
A.
Revenues from impact fees shall be placed in one or
more segregated, interest-bearing accounts and shall be accounted
for separately from other Village general and utility funds. Impact
fee revenues and interest earned thereon may be expended only for
capital costs for which the impact fees were imposed.
B.
Impact fee revenues imposed and collected but not used within eight years to pay the capital costs for which they were imposed shall be refunded to the payer of the fees with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in Subsection A. Impact fees that are collected for capital costs related to lift stations or collecting and treating sewage that are not used within 10 years after they are collected to pay the capital costs for which they were imposed shall be refunded to the payer of fees for the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in Subsection A. For purposes of the time limits in this subsection, an impact fee is paid on the date a developer obtains a bond or irrevocable letter of credit in the amount of the unpaid fees executed in the name of the municipality.
[Amended 5-6-2019 by Ord.
No. 04-2019]
Funds collected from impact fees shall be used
solely for the purpose of paying the proportionate costs of providing
public facilities that become necessary due to land development. These
costs may include the costs of debt service on bonds or similar debt
instruments when the debt has been incurred for the purpose of proceeding
with designated public facilities projects prior to the collection
of all anticipated impact fees for that project, to reimburse the
utility for advances of other funds or reserves, and such other purposes
consistent with s. 66.55, Wis. Stats., which are recorded by the Utility
Commission and approved by the Village Board.
[Amended 5-6-2019 by Ord.
No. 04-2019]
Payment of impact fees. All required impact
fees, unless expressly excepted in a section of this chapter or unless
meeting the criteria set forth in § 66.0617(6)(g), Wis.
Stats., shall be paid prior to the issuance of a building or plumbing
permit, or both, whichever permits are applicable. Fees meeting the
criteria set forth in § 66.0617(6)(g), Wis. Stats., may
be deferred as described in that statute. Impact fee payments shall
be assumed to be the responsibility of the owner of record at the
time the building or plumbing permit, or both, is required.
A.
The payment of an impact fee imposed under this chapter
as a condition of the issuance of a building permit may be contested
as to the amount, collection or use of the impact fee to the Village
Board, provided that the applicant files a written notice of appeal
in the Village Clerk's office within 15 days of the filing of an application
for a building permit upon which the impact fee is imposed. Such notice
of appeal shall be titled "Notice of Appeal of Impact Fee" and shall
state the applicant's name, address and telephone number, the 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.
B.
The Village Clerk shall schedule the appeal for consideration
by the Village Board at a regular meeting as soon as reasonably practicable
under the circumstances and shall notify the applicant 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 Village Board may adjust
the amount, collection or use of the impact fee upon just and reasonable
cause shown.
A.
Sanitary sewer system facility plan impact fees.
(1)
The basis for the imposition of the following sewer
impact fees is the facilities needs assessment report and its attachments
as outlined in the needs assessment prepared by Mid-State Associates,
Inc., in August 1995 titled "Sanitary Sewer System Facility Plan and
Public Needs Assessment" and the Impact Fee Study prepared by Virchow
Krause & Co. in October 2003, both of which are on file in the
office of the Village Clerk.
[Amended 6-7-2004 by Ord. No. 01-2004]
(2)
In the interest of fairness and in an effort to better effectuate the purpose of this chapter as outlined in § 198-2, the Village has adopted the following schedule relating to the impact fees to be paid prior to the issuance of applicable building or plumbing permits:
[Amended 6-7-2004 by Ord. No. 01-2004]
|
Type
|
Fee based on Number of REUs:
|
Effective 6-1-2004
|
Effective 6-1-2005
|
Effective 6-1-2006
| |
|---|---|---|---|---|---|
|
Single-family
residential
|
1.00 (per unit)
|
$1,046
|
$1,550
|
$2,055
| |
|
Duplex
|
1.68
|
$1,757
|
$2,604
|
$3,452
| |
|
Apartments
|
0.53 (per unit)
|
$554
|
$821
|
$1,089
| |
|
Condominiums
|
0.53 (per unit)
|
$554
|
$821
|
$1,089
|
(3)
These impact fees shall be collected until all capital
costs associated with specified projects in the Sanitary Sewer System
Facility Plan and Public Needs Assessment report have been incurred
and satisfied, unless such time period exceeds five years beyond the
projected commencement of projects or five years beyond projected
satisfaction of indebtedness for the specified projects for which
these impact fees are imposed.
(4)
New developments for which a building permit is applied
for after March 18, 1996, and for which a west side interceptor fee
was paid by the developer shall be credited $300 toward the sewer
impact fee. Undeveloped lots within the area defined by Figure 1[1] are eligible for the credit at the time they incur a sewer
impact fee.
[1]
Editor's Note: Figure 1 is included at the end of this chapter and is also designated as Exhibit 1B.
B.
Water supply and distribution system impact fees.
(1)
The basis for the imposition of the following water
supply and distribution system impact fees is the facilities needs
assessment report and its attachments as outlined in the needs assessment
prepared by Mid-State Associates, Inc., in September 1995 titled "Engineering
Report and Public Needs Assessment for the Water Supply and Distribution
System of the Village of Cottage Grove, Dane County, Wisconsin" and
the Impact Fee Study prepared by Virchow Krause & Co. in September
1995, both of which are on file in the office of the Village Clerk.
[Amended October 2003, 6-7-2004 by Ord. No.
01-2004]
(2)
In the interest of fairness and in an effort to better effectuate the purpose of this chapter as outlined in § 198-2, the Village has adopted the following schedule relating to the impact fees to be paid prior to the issuance of applicable building or plumbing permits:
[Amended 6-7-2004 by Ord. No. 01-2004]
|
Type
|
Fee based on Number of REUs:
|
Effective 6-1-2004
|
Effective 6-1-2005
|
Effective 6-1-2006
| |
|---|---|---|---|---|---|
|
Single-family
residential
|
1.00 (per unit)
|
$893
|
$1,053
|
$1,215
| |
|
Duplex
|
1.68
|
$1,500
|
$1,769
|
$2,041
| |
|
Apartments
|
0.53 (per unit)
|
$473
|
$558
|
$644
| |
|
Condominiums
|
0.53 (per unit)
|
$473
|
$558
|
$644
|
(3)
These impact fees shall be collected until all capital
costs associated with specific projects contained within the Engineering
Report and Public Needs Assessment for the Water Supply and Distribution
System of the Village of Cottage Grove, Dane County, Wisconsin, have
been incurred and satisfied unless such time period exceeds five years
beyond the projected commencement of projects or five years beyond
projected satisfaction of indebtedness for the specified projects
for which these water impact fees are imposed.
C.
Residential equivalent unit (REU).
(1)
Sewer and water impact fees for all developments shall be assessed based on the number of residential equivalent units assigned to that type of development and the current impact fee per REU as defined in Subsections A and B above. Residential equivalent unit (REU) assessment shall follow the schedule attached as Exhibit 1A.[2]
[2]
Editor's Note: Exhibit 1A is included at the end of this chapter.
(2)
The minimum REU assigned to any development shall
be 1.0. Calculated REUs shall be rounded to the nearest 0.1 REU.
(3)
REU determinations for all developments not specifically
identified above shall be determined by the Village Utility Commission.
A.
The following situations shall be exempted from payment of the impact fee(s) outlined in § 198-9:
(1)
Alterations or expansions of an existing building
where no additional or larger water meter connections are requested
and where the use is not changed.
(2)
The replacement of a building or structure with a
new building or structure of the same size and use where no additional
or larger water and/or sewer connections are requested and where the
use is not changed.
B.
Any claim of exemption must be made no later than
the time of application for connection to the Village's water system.
Any claim not so made shall be deemed waived.
The Village Board may, in its discretion, accept
lands dedicated for public purposes in lieu of the impact fees assessed
pursuant to this chapter; provided, however, that in no event shall
the fair market value of the land or lands accepted by the Village
be less than the amount of the assessment which would otherwise be
levied in accordance with the provisions of this chapter.
A.
The impact fee(s) contained herein shall be reviewed
by the Utility Commission and the Village Board every three years.
