§ 62-20. Impact fees.

(a)

Purpose and intent. When underdeveloped land is developed for residential or other purposes, it often creates a need for additional transportation. water, sewage, storm water facilities as well as parks and recreational facilities and other public facilities. Without the generation of new revenue sources, municipalities often must choose between 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 current level of services. Wisconsin Statutes § 66.0617 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 village by Wis. Stats. § 66.0617, the village board hereby enacts this ordinance 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 village. The impact fees created by this section shall apply to all development in the village, whether the property is owned privately or by any political corporation, governmental subdivision or agency thereof, or any non-profit organization, including any religious or other eleemosynary organization.

(b)

Public facilities needs assessment. In accordance with Wis. Stats. § 66.0617, the village has prepared a needs assessment for the public facilities for which it is anticipated that impact fees may be imposed. A copy of the needs assessment is on file and available for public inspection and copying in the office of the village clerk.

(c)

Definitions. The definitions set forth in Wis. Stats. § 66.0617 and any amendments thereto, are hereby incorporated and made a part of this section as is fully set forth herein.

(d)

Fees. An impact fee will be imposed by the village board upon any person seeking to construct or create a land development within the village in accordance with this section and Wis. Stats. § 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 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 village.

(3)

Shall be based upon actual capital costs or reasonable estimates of capital costs for new, expanded or improved public facilities.

(4)

Shall be reduced to compensate for other capital costs imposed by the village with respect to land development to provide or pay for public facilities, including special assessments, special charges, land dedications, or fees in lieu of land dedication, Wis. Stats. Chapter 236, or any other items of value.

(5)

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.

(6)

May not include amounts necessary to address existing deficiencies in public facilities.

(7)

May, on a case-by-case basis by village board action, be reduced or eliminated for a specific project or development which provides low-income housing opportunities within the Village of Hammond.

(f)

Collection. Impact fees shall be collected as follows:

(1)

Impact fees on vacant land will be paid upon issuance of a building permit by the village.

(2)

Impact fees will also be paid upon issuance of a building permit by the village for any modification, remodeling, or expansion which creates additional residential units and results in an increased number of water meters or an increased size of water meter. The amount of any impact fee imposed pursuant to this subsection shall be based on the size difference between the existing water meter and any enlarged water meter installed as a result of the modification, remodeling or expansion.

(3)

Any other impact fees due pursuant to the terms of this section shall be payable upon issuance of a building permit by the village.

(4)

Impact fee payments shall be the responsibility of the owner of record of the property at the time of application for building permit or the owner of record of the property at the time of request for connection to public water system, whichever is applicable.

(5)

Residential units for which impact fees have been paid may not be transferred to another parcel of property.

(g)

Fee schedule.

Water facilities, per unit	$1,075.00
Sanitary sewer system, per unit	2,500.00
Parks/Playgrounds/Recreational, per unit	300.00
Transportation system, per unit	300.00
Total impact fee per residential unit	4,175.00

 

(h)

Interest-bearing account. The village shall establish and maintain a segregated interest-bearing account for revenues collected from impact fees. Such funds shall be accounted for separately from other funds of the village.

(i)

Use and refund of fees. Impact fees imposed and collected pursuant to the terms of this section shall be used or refunded within the time periods and pursuant to the provisions of Wis. Stats. § 66.0617.

(j)

Fee review. The fee schedule set forth in subsection (g) will be reviewed by the village board at least once each year 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 Wis. Stats. § 66.0617.

(k)

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 village board specifying the basis upon which an appeal is taken.

(2)

Within 30 days of receiving a request for review by a developer, the village board shall either place the matter on its next regularly scheduled meeting of the village board to hear the appeal of the developer.

(l)

Temporary limited right to refund. All of the provisions of this section 62-20 notwithstanding, and in an effort to stimulate growth in the village, there shall be created a temporary limited right to refund of impact fees for new residential development in the village. This temporary limited right to refund of impact fees shall have the following provisions:

(1)

A developer of new single- or two-family residential units in the village shall, upon application to and approval by the village board, be granted a right to refund of all impact fees applicable to the development pursuant to this section. An application fee of $10.00 shall be submitted with each application. A complete application for building permit for a single- or two-family residential unit shall be submitted with each application for the right to refund of impact fees.

(2)

The developer shall pay all impact fees applicable to the development pursuant to this section 62-20 at the time of issuance of building permit.

(3)

Complete applications for a right to refund shall be considered in the order in which they were received by the village clerk's office. The determination of the village board on any application for a right to refund shall be at its discretion, shall be final and shall not be appealable.

(4)

Such right to refund shall be transferable. The right to refund will terminate unless the residential unit for which the right to refund was granted shall be completed and occupied within one year of the date of issuance of the building permit for that unit. Whether a unit is "occupied" for purposes of this subsection (4) shall be at the sole discretion of the village board. Any property for which a right to refund was granted and subsequently expired due to lapse of time shall be ineligible for a new right to refund.

(5)

If the single- or two-family residential unit for which a right to refund was granted is completed and occupied as provided in subsection (4), the impact fee paid shall be refunded within 30 days of the determination that the provisions of subsection (4) have been met.

(6)

A maximum of 25 rights to refund shall be issued by the village board to developers of new single- or two-family residential units under this temporary limited right to refund provision.

(7)

Applications for a right to refund of impact fee will be accepted by the village clerk on or after July 1, 2017, for a period of one year—until June 30, 2018.

(Ord. No. 62-20, 2-12-01; Ord. No. 62-20, § I, 6-14-04; Ord. No. 62-20, § I, 2-14-05; Ord. No. 62-20, § I, 6-12-06; Ord. No. 62-20, § I, 4-14-08; Ord. of 3-9-09(1), §§ I(1), (2); Ord. of 4-12-10, § I; Ord. of 3-14-11, § I; Ord. of 3-12-12; Ord. of 6-26-17(1), § II)