For the purposes listed in W.S.A. §§ 236.01
and 236.45, the Common Council ordains subdivision regulations as
provided herein.
Refer to Chapter
181, Parks, Recreation and Open Space, Article
II, Recreational Open Space.
This chapter shall apply not only to the subdivisions
and additions hereinabove set forth in the body of this chapter but
shall also, insofar as payment of costs for improvement of subdivisions
is concerned, apply to those subdivisions and additions, or parts
thereof, already platted and approved which are undeveloped, wholly
or partially, as of March 28, 1974.
[Amended by Ord. No. 5-87; Ord. No. 21-89; 5-1-2000 by Ord. No. 9-00]
A. General. The subdivider shall pay the City all fees
as hereinafter required and at the times specified. Fee amounts are
established by the Common Council from time to time.
B. Pre-preliminary plan application fee. The subdivider
shall pay a fee for each lot or parcel within the pre-preliminary
plat to the City Clerk at the time of first application of any pre-preliminary
plat to assist in defraying the cost of the application. A reapplication
fee shall be paid to the City Clerk at the time of reapplication for
approval of any pre-preliminary plat which has been reviewed.
C. Preliminary plat application fee. The subdivider shall
pay a fee for each lot or parcel within the preliminary plat to the
City Clerk at the time of first application of any preliminary plat
to assist in defraying the cost of the application. A reapplication
fee shall be paid to the City Clerk at the time of reapplication for
approval of any preliminary plat which has been reviewed.
D. Final plat application fee. The subdivider shall pay
a fee for each lot or parcel within the final plat to the City Clerk
at the time of first application for approval of any final plat to
assist in defraying the cost of review. A reapplication fee shall
be paid to the City Clerk at the time of reapplication for approval
of any final plat which has previously been reviewed.
E. Certified survey map fee. The subdivider shall pay
a fee to the City Clerk's office at the time of submission for approval
of a certified survey map.
F. Inspection fee. The subdivider shall pay a fee equal
to the actual cost to the City for such inspection as the City Engineer
deems necessary to assure that the construction of the required improvements
is in compliance with the plans, specifications and ordinances of
the City or any other governmental authority.
G. Engineering fee. The subdivider shall pay a fee equal
to the actual cost to the City for all engineering work incurred by
the City in connection with the plat. Engineering work shall include
the preparation of construction plans and standard specifications.
The subdivider may furnish all, some or part of the required construction
plans and specifications, in which case no engineering fees shall
be levied for such plans and specifications furnished.
H. Administrative and review fee. The subdivider shall
be responsible for the cost of plan review, legal, administrative
or fiscal work which may be undertaken by the City in connection with
the plat. Legal work shall include the drafting of contracts between
the City and the subdivider. An administration and review fee is required
for all plats and all certified survey maps at the time of application
for pre-preliminary plat. The deposit fee shall be held in a trust
fund and cost deducted as incurred. At the end of the review period
and determination of costs, any amount remaining in the fund for that
application will be refunded.
[Added by Ord. No. 34-87]
A. Within 10 days of the filing of a proposed certified
survey map, pre-preliminary plat, preliminary plat or final plat,
the Zoning Administrator shall send written notice of plat filing
to all owners of land within 200 feet of the subject property.
B. Notice shall be sent by United States regular mail
to the parcel owner and to the address indicated on the current tax
roll maintained by the City of Hudson Assessor. Notice requirements
of this section shall be fulfilled and completed when the Zoning Administrator
complies with the requirements herein and files his affidavit of mailing
with the City. Failure to receive notice by an adjacent property owner
shall not invalidate any action taken by the City.
[Added by Ord. No. 20-96; amended by Ord. No. 1-97; Ord. No. 11-99; 5-1-2000 by Ord. No. 9-00; 7-16-2001 by Ord. No. 7-01; 10-7-2002 by Ord. No. 11-0212-1-2014 by Ord. No.
14-14; 8-3-2020 by Ord. No. 13-20]
A. Purpose and intent. When underdeveloped land is developed for residential
or other purposes, it often creates a need for additional transportation,
water, sewage and stormwater facilities as well as parks, playgrounds
and land for athletic facilities, public libraries and other public
facilities. Without the generation of new revenue sources, municipalities
often must choose between the foregoing needed public facilities or
imposing higher property taxes. The imposition of impact fees has
become an increasingly important source of local revenue to pay for
public facilities. The State Legislature has adopted an Impact Fee
Law which helps communities raise funds to pay for new development
and maintain the current level of services. The 1993 Wisconsin Act
305 created W.S.A. § 66.55, now W.S.A § 66.0617,
which allows a municipality to enact an ordinance to impose impact
fees on certain developers in an effort for new development to pay
its fair share of municipal capital costs. Pursuant to the authority
granted to the City of Hudson by W.S.A. § 66.0617, the Common
Council hereby enacts this section to enable it to impose impact fees
on developers to pay for the capital costs that are necessary to accommodate
land development and to maintain current levels of service to those
developing areas of the City of Hudson.
B. Public facilities needs assessments. In accordance with W.S.A. § 66.0617(4),
the City of Hudson has prepared needs assessments for the public facilities
for which it is anticipated that impact fees may be imposed.
C. Definitions. The definitions set forth in W.S.A. § 66.0617(1),
and any amendments thereto, are hereby incorporated and made a part
of this section as is fully set forth herein.
D. Fees. Impact fees are hereby imposed by the Common Council upon any
person seeking to construct or create a land development as defined
in W.S.A. § 66.0617(1)(d) within the City of Hudson in accordance
with this section and W.S.A. § 66.0617.
E. Standards for fees. Impact fees imposed under this section:
(1) Shall bear a rational relationship to the need for new, expanded
or improved public facilities that are required to serve land development.
(2) May not include amounts for an increase in service capacity greater
than the capacity necessary to serve the development for which the
fee is imposed.
(3) May not exceed the proportionate share of the capital costs that
are required to serve land development as compared to existing land
uses of land within the City of Hudson.
(4) Shall be based upon actual capital costs or reasonable estimates
of capital costs for new, expanded or improved public facilities.
(5) Shall be reduced to compensate for other capital costs imposed by the City of Hudson with respect to land development to provide or pay for the public facilities for which the impact fees are imposed, including special assessments, special charges, land dedications or fees in lieu of land dedications, under W.S.A. Ch. 236, capital costs imposed under §
9-4 of the Municipal Code of the City of Hudson, or any other items of value.
(6) Shall be reduced to compensate for moneys received from the federal
or state government specifically to provide or pay for the public
facilities for which the impact fees are imposed.
(7) May not include amounts necessary to address existing deficiencies
in public facilities.
(8) May not include expenses for operation and maintenance of a public
facility.
F. Collection. Impact fees shall be imposed and collected as follows:
(1) Water impact fees shall be imposed on all new connections to the
water system or connections that have a change in use that requires
a larger water meter. For connections with a change in use that requires
a larger water meter, the charge would be the difference between the
existing meter size and the required meter size as proposed for the
development.
(2) Trunk storm sewer impact fees shall be imposed on all new development
within the City.
(3) Trunk storm sewer impact fees for the Stageline District shall be
imposed on all new development within the Stageline District.
(4) Impact fees will be collected by the Building Inspector at the time
of issuance of a building permit.
(5) If the total amount of impact fees due for a development will be
more than $75,000, a developer may defer payment of the impact fees
for a period of four years from the date of issuance of the building
permit or until six months before the municipality incurs the costs
to construct, expand, or improve the public facilities related to
the development for which the fee was imposed, whichever is earlier.
If the developer elects to defer payment under this subsection, the
developer shall maintain in force a bond or irrevocable letter of
credit in the amount of the unpaid fees executed in the name of the
municipality. A developer may not defer payment of impact fees for
projects that have been previously approved.
(6) At the time that the City collects impact fees, it will provide to
the developer an accounting of how the fees will be spent.
G. Impact Fee Schedule. Impact fees are established as specified in
the Impact Fee Schedule. Water impact fees shall automatically increase
effective each January 1 by a percentage equal to the percentage increase
in the 20-City Construction Cost Index published by the Engineering
News Record over the most recent twelve-month period, unless the City,
by resolution, limits the fee increase to a lesser percentage rate.
H. Land dedication.
(1) When it is determined by the Park Board that a portion of a plat
or certified survey map is required by such future public park and
other recreational facilities, the developer may be required to reserve
such area for not more than three years, during which time the City
shall either acquire the property or release the reservation.
(2) Where land has been required to be reserved pursuant to Subsection
H(1) or when the developer owns other land that has been determined by the Plan Commission to be acceptable for park and recreation purposes, the developer may be required to dedicate such land as part of an impact fee payment.
(3) Cash value of land to be dedicated shall be determined by the City
and developer based upon the full and fair market value of the land.
If the City and developer cannot agree on the full and fair market
value of the land, an appraisal board consisting of one appraiser
selected by the City at its own expense, one appraiser selected by
the developer at his/her expense and a third appraiser selected by
two other appraisers at City expense shall determine the value.
I. Interest-bearing account. The City shall establish and maintain a
segregated interest-bearing account for revenues collected from each
impact fee. A separate accounting shall be maintained for water facilities,
trunk storm sewer facilities, and trunk storm sewer facilities for
the Stageline District. Such funds shall be accounted for separately
from other funds of the City. Impact fee revenues and interest earned
on impact fee revenues may be expended only for capital costs for
which the impact fees were imposed.
J. Refund of fees. Any impact fees that are imposed and collected pursuant
to the provisions of this section and not expended or committed for
expenditure by the end of the calendar quarter immediately following
eight years from the date the impact fee was paid shall be refunded
to the payer of the fees for the property with respect to which the
impact fees were imposed.
K. Fee review. The public facilities needs assessments and fee amounts
will be reviewed at least once every five years and modified, if necessary,
as a result of changing facility needs, inflation, revised cost estimates,
capital improvements, changes in other funding sources applicable
to public facility projects and other relevant factors and in accordance
with the standards for impact fees set forth in W.S.A. § 66.0617.
Any changes in the fee amounts would require a public hearing on the
proposed ordinance amendment in accordance with the procedures set
forth in W.S.A. § 66.0617.
L. Appeal procedure.
(1) A developer upon whom an impact fee is imposed may, within 15 days
of the imposition of the impact fee, contest the amount, collection
or use of the impact fee by filing a written request with the Common
Council specifying the basis upon which an appeal is taken.
(2) Within 30 days of receiving a request for review by a developer,
the Common Council shall either place the matter on its next regular
scheduled meeting or schedule a special meeting of the Common Council
to hear the appeal of the developer.