[HISTORY: Adopted by the Village Board of
the Village of Saukville 6-19-2007 by Ord. No. 666. Amendments noted where
applicable.]
This chapter is entitled the "Impact Fee Ordinance."
This chapter is authorized under § 66.0617,
Wis. Stats. The provisions of this chapter shall not be construed
to limit the power of the Village to adopt such ordinance pursuant
to any other source of local authority, nor to utilize any other methods
or powers otherwise available for accomplishing the purposes set forth
herein, either in substitution of or in conjunction with this chapter.
The purpose of this chapter is to promote the
public health, safety and general welfare of the community and to
facilitate the adequate provision for law enforcement facilities,
public works transportation facilities and libraries by imposing impact
fees upon developers to pay for the capital costs that are necessary
to accommodate 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 the Village 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 capital costs. "Capital costs" does not include other noncapital
costs to construct, expand or improve public facilities, the costs
of equipment to construct, expand or improve public facilities or
the costs for vehicles.
A person who constructs or creates a land development.
Cash fees imposed upon a developer under this chapter.
The construction or modification of improvements to real
property that creates additional residential dwelling units within
the Village or that results in nonresidential uses that create a need
for new, expanded or improved public facilities within the Village.
[Amended 5-6-2008 by Ord. No. 677]
A.
Any developer creating a land division for development or constructing additional development within the Village shall pay a fee to the Village to provide for the capital costs necessary to accommodate the law enforcement needs of land development, except as provided in § 118-10 below.
B.
The amount of the fee per unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 118-11 below, shall be as follows:
(1)
For single-family or two-family residential development,
the fee shall be $673 per dwelling unit.
(2)
For multifamily residential development, the fee shall
be $505 per dwelling unit.
(3)
For studio and one-bedroom apartments, the fee shall
be $336 per dwelling unit.
(4)
For commercial development, the fee shall be $0.24
per square foot of building space.
(5)
For industrial development, the fee shall be $0.17
per square foot of building space.
C.
Such fees collected by the Village shall be placed
in a special fund which shall be separate from the general fund of
the Village, and the special fund and all interest earned thereon
shall be used exclusively for the particular capital costs for which
the fee was imposed.
D.
Such fees collected by June 20, 2014, but not used by June 20, 2017,
shall be refunded to the current owner of the property with respect
to which the impact fees were imposed, along with any interest that
has accumulated. Such fees collected after June 20, 2014, but not
used within a period of 10 years after they are collected, shall be
refunded to the current owner of the property with respect to which
the impact fees were imposed, along with any interest that has accumulated.
[Amended 6-24-2014 by Ord. No. 747]
A.
Any developer creating a land division for development or constructing additional development within the Village shall pay a fee to the Village to provide for the capital costs necessary to accommodate the public works transportation needs of land development, except as provided in § 118-10 below.
B.
The amount of the fee per unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 118-11 below, shall be as follows:
(1)
For single-family or two-family residential development,
the fee shall be $74 per dwelling unit.
(2)
For multifamily residential development, the fee shall
be $55 per dwelling unit.
(3)
For studio and one-bedroom apartments, the fee shall
be $37 per dwelling unit.
(4)
For commercial development, the fee shall be $0.018
per square foot of building space.
(5)
For industrial development, the fee shall be $0.014
per square foot of building space.
C.
Such fees collected by the Village shall be placed
in a special fund which shall be separate from the general fund of
the Village, and the special fund and all interest earned thereon
shall be used exclusively for the particular capital costs for which
the fee was imposed.
D.
Such fees collected by June 20, 2014, but not used by June 20, 2017,
shall be refunded to the current owner of the property with respect
to which the impact fees were imposed, along with any interest that
has accumulated. Such fees collected after June 20, 2014, but not
used within a period of 10 years after they are collected, shall be
refunded to the current owner of the property with respect to which
the impact fees were imposed, along with any interest that has accumulated.
[Amended 6-24-2014 by Ord. No. 747]
A.
Any developer creating a land division for residential development or constructing additional residential dwelling units within the Village shall pay a fee to the Village to provide for the capital costs necessary to accommodate the library facilities' needs of land development, except as provided in § 118-10 below.
B.
The amount of the fee per residential dwelling unit to be constructed or created by the proposed development, subject to adjustment pursuant to § 118-11 below, shall be as follows:
C.
Such fees collected by the Village shall be placed
in a special fund which shall be separate from the general fund of
the Village, and the special fund and all interest earned thereon
shall be used exclusively for the particular capital costs for which
the fee was imposed.
D.
Such fees collected by June 20, 2014, but not used by June 20, 2017,
shall be refunded to the current owner of the property with respect
to which the impact fees were imposed, along with any interest that
has accumulated. Such fees collected after June 20, 2014, but not
used within a period of 10 years after they are collected, shall be
refunded to the current owner of the property with respect to which
the impact fees were imposed, along with any interest that has accumulated.
[Amended 6-24-2014 by Ord. No. 747]
Any impact fee imposed under this chapter shall
be reduced to compensate for capital costs otherwise imposed by the
Village, upon the land development subject to this chapter, for the
same public facilities for which an impact fee has been imposed under
this chapter, including by way of special assessments, special charges,
land dedications, or any ordinance adopted thereunder or any other
items of value. Impact fees imposed under this chapter shall also
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 under this chapter are imposed.
The lawful new construction of a single-family
dwelling structure upon a nondivisible parcel of land supporting or
having supported a habitable single-family dwelling structure razed
or to be razed within one year of the date of the issuance of a building
permit for the new construction as part of the new construction project
shall be exempt from the fees imposed under this chapter. Any new
construction of a single-family dwelling structure upon a single parcel
of land involving the demolition of a preexisting residential structure
upon such single parcel of land, which project is similar to but not
exactly as described above to be exempt, may be found to be exempt
upon application to the Village Board and a finding by the Village
Board that such project does not bear a rational relationship to the
need for new, expanded or improved public facilities required to serve
such development. Such application shall be made to the Village Board
prior to the payment of any fees under this chapter.
All fees collected and special accounts maintained
under this chapter shall be subject to administration by the Village
Treasurer. The Treasurer shall report annually to the Village Board
with regard to all deposits, withdrawals and fund balances in these
accounts. The purpose of the annual report is to provide the Village
Board with information necessary to determine that all funds collected
are spent within the time required for the purpose intended and that
the amount of fees imposed continues to represent an equitable and
reasonable apportionment of the cost of public improvements and requirements
generated by land development. Upon such considerations and for such
purposes, the Village Board may make reasonable adjustments to the
amount of such fees and determine whether there exists any reasonable
need for refund of fees previously collected. The impact fees imposed
under this chapter shall be increased annually at a rate equal to
the percentage change in the Engineering News Record Construction
Cost Index for the previous 12 months, with the adjustment effective
January 1 of each year. The Village Treasurer or designee shall calculate
the adjusted fees and maintain a copy of the calculation and the adjusted
impact fees in the office of the Village Clerk. The revenue and expenditure
totals for each impact fee must also be included in the Village's
annual budget, and a summary of the revenue and expenditure totals
for each impact fee must also be made available in the Village's annual
budget summary required under § 65.90(3)(a), Wis. Stats.
Any developer upon whom an impact fee is imposed
under this chapter shall have the right to contest the amount, collection
or use of the impact fee to the Village Board, provided that the developer
files a written notice of appeal in the Village Clerk's office within
15 days of the developer's filing of an application for a building
permit upon which the impact fee is imposed. Such notice of appeal
shall 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. 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 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 Village Board may adjust
the amount, collection or use of the impact fee upon just and reasonable
cause shown.
