[Adopted 2-3-2004 by Ord. No. 04-01]
This article shall be known and may be cited
as the "Water Utility of the Village of New Glarus Ordinance."
Pursuant to the authority of § 66.0617,
Wis. Stats., the local-impact-fees enabling legislation, the purpose
of this article 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 an appropriate share
of the cost of capital expenditures necessary to provide public facilities
within the Village of New Glarus 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 relating directly to
the public improvement for which the impact fees were imposed actually
exceed 10% of the capital costs. "Capital costs" does not include
other noncapital 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 issuance of a permit for a new water meter or a change
in water meter size.
A fee to be collected at the time of a permit for a new water
meter or a change in water meter size.
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.
For purposes of this article, as defined in § 340.01(22),
Wis. Stats., means facilities for collecting and treating sewage,
facilities for collecting and treating storm and surface waters, or
facilities for pumping, storing, treating and distributing water.
"Public facilities" does not include facilities owned by a school
district.
A unit of measure for impact fees equivalent to one residential
dwelling unit. For purposes of this article, one residential equivalent
is considered equal to the basic residential meter size of 5/8 inch
or 3/4 inch.
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.
The Water Utility of the Village of New Glarus.
The Village of New Glarus.
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 a reasonable period of time after collection to pay the
capital costs for which they were imposed shall be refunded on a prorated
proportional basis, as determined by the Village Board, to the current
record owner or owners of the property with respect to which the impact
fees were imposed. Reasonable time periods for expenditure of impact
fee revenues shall be as set by the State of Wisconsin, within seven
years of their payment, or refunded to the then owner of the property
against which the fee was imposed, unless the municipality extends
the spending period for another three years due to extenuating circumstances
or hardship conditions.
[Amended 6-6-2006 by Ord. No. 06-06]
Funds collected from impact fees shall be used
solely for the purpose of paying the proportionate costs of providing
public facilities that may 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 Village or Utility for advances of other funds or reserves, and
such other purposes consistent with Wisconsin Statutes § 66.0617
which are recorded and approved by the Village Board.
All required impact fees, unless expressly excepted
in a section of this chapter, shall be paid in full at the time of
issuance of a building permit for a new water meter or construction
resulting in a change in water meter size, whichever is applicable.
Impact fee payments shall be assumed to be the responsibility of the
owner of record at the time of issuance of a building permit for a
new water meter or construction resulting in a change in water meter
size is requested.
The payment of an impact fee imposed under this
section as a condition of a permit for a new water meter or a change
in water meter size 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 approval by the Building Inspector of an application
for a new water meter or a change in water meter size upon which the
impact fee is imposed. Such notice of appeal shall be entitled "Notice
of Appeal of Impact Fee" and shall state the applicant'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. 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.
Any funds not expended or encumbered by the reasonable period of time as outlined in § 298-68, upon application of the current landowner, shall be returned to such landowner with interest at a rate of 4% per annum, provided that the landowner submits a written application for a refund to the Village Clerk of the Village of New Glarus within 180 days of the expiration of the reasonable time period as outlined in § 298-68B.
A.
The basis for the imposition of the water impact fees
is the "Public Water Facilities Needs Assessment," prepared November
2003 and amended December 2003 by Town and Country Engineering, Inc.,
and the "Report on Impact Fees," prepared by Virchow, Krause &
Company, LLP, in December 2003, both of which are on file in the office
of the Village Clerk of the Village of New Glarus.
B.
In the interest of fairness and in an effort to better effectuate the purpose of this article as outlined in § 298-74 the Village has adopted the attached schedule (Attachment A[1]) relating to the impact fees to be paid prior to the issuance
of a permit for a new water meter or a change in water meter size.
[1]
Editor's Note: Attachment A is on file in
the Village Clerk's office.
C.
These impact fees shall be collected until the capital
costs associated with the projects specified in the “Impact
Fee Needs Assessment Report” and the “Report on Impact
Fees” reports have been incurred and satisfied, unless such
time period exceeds seven years after their payment, or 10 years,
provided the Village extends the spending period three years due to
extenuating circumstances or hardship conditions.
[Amended 6-6-2006 by Ord. No. 06-06]
A.
The following situations shall be exempted from payment of the impact fees as outlined in § 298-73.
(1)
Alterations or expansion of an existing building where
no additional or larger water meter connections are requested.
(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.
(3)
A change in water meter size shall not be exempted
from payment of the impact fee; however, a credit shall be given for
the current impact fee on the old meter size. For example, at the
time of an application for a change from a five-eight-inch meter to
a one-inch meter, the impact fee would equal the current impact fee
for a one-inch meter less the current impact fee for a five-eight-inch
meter.
(4)
No impact fee shall be required, nor credited, for
a change in water meter size that results in a decrease in meter size.
(5)
Residential dwellings with an existing water supply
annexed to the Village.
B.
Any claim for exception must be made no later than
the time of application for a permit for a new water meter or a change
in water meter size. Any claim not so made shall be deemed waived.
The impact fees contained herein shall be reviewed
by the Village Board every two years.
