Chapter 15.28
IMPACT FEES

Sections:

15.28.010    Impact fees.

15.28.010 Impact fees.

A.    Fee Option.

1.    Parks and Recreational Transportation Trails. If the proposed subdivision or certified survey map does not encompass a proposed park or recreational transportation trail, a fee for the acquisition and development of public parks and recreational transportation trails reasonably necessary to accommodate the new development shall deposited with the Department of Building Inspection for payment to the city treasurer within fourteen (14) days of issuance of a building permit in the amounts shown below for each proposed dwelling unit within the plat or certified survey map. Fees paid to the city treasurer under the provisions of this section shall be placed in a nonlapsing separate, segregated, interest-bearing account for city parks and shall be separate from the general fund of the city, and the special fund shall be used exclusively for the acquisition and development of parks and recreational transportation trails within the city.

a.    Park and Recreational Transportation Trail Fee Amounts; Zones. For purposes of determining park and recreational transportation trail fee amounts, the city identifies zones corresponding to land sections as identified in a map entitled “City of Brookfield Land Section Map.” This map is adopted by reference within Section 17.100.120 entitled: “Development impact fee administration.”

b.    Park and recreational transportation trail fees for all land sections in the city except Sections 5 and 13 shall be seven hundred forty-seven dollars ($747.00) for each single-family housing unit and five hundred twenty-one dollars ($521.00) for each multiple-family housing unit.

c.    Park and recreational transportation trail fees for lands in Land Section 5 shall be eight hundred ninety-one dollars ($891.00) for each single-family housing unit. (No multiple-family development is planned in land Section 5).

d.    Park and recreational transportation trail fees for lands in Land Section 13 shall be eight hundred seventy dollars ($870.00) for each single-family housing unit and six hundred six dollars ($606.00) for each multiple-family housing unit.

2.    Wetland Preservation. If the subdivision, subject property, or certified survey map does not encompass a wetland or if the city plan commission does not require wetlands to be shown as an outlot in the subdivision or certified survey map, a fee for the acquisition of wetlands shall be deposited with the Department of Building Inspection for payment to the city treasurer within fourteen (14) days of the issuance of a building permit in the amount of ninety-six dollars ($96.00) for each proposed dwelling unit within the plat or certified survey map for residential subdivisions; and four dollars and nineteen cents ($4.19) for each one thousand (1,000) square feet of lot area, or fraction thereof, in nonresidential developments. Fees paid to the city treasurer for wetland preservation under the provisions of this section shall be placed in a nonlapsing separate, segregated, interest-bearing account for wetland preservation and shall be separate from the general fund of the city, and the special fund shall be used exclusively for the acquisition of wetlands within the city.

The wetland preservation fee is intended, in part, to provide for the acquisition of one thousand six hundred fifty-three (1,653) acres of privately owned wetlands in accordance with the recommendations of the city park and open space plan. The fee for commercial development is intended to require these developments to contribute towards open space preservation for community-wide stormwater management purposes.

B.    Bikeway Program. The council adopted a “Bikeway Master Plan for the City of Brookfield” on July 19, 1988, by Resolution 3764. The bikeway plan determined that a comprehensive system of bikeways was necessary to enhance bicycle safety, use and enjoyment, and to contribute to the quality of life in the city. Accordingly, each subdivider or developer of land shall develop bikeways as provided for in the bikeway plan.

1.    Whenever a bikeway designated on the city’s bikeway master plan is encompassed in or adjacent to a tract of land for which a subdivision or certified survey map is proposed, the subdivider shall construct all portions of the bikeway shown on the bikeway master plan that is encompassed on or adjacent to said lands in accordance with established city specifications.

2.    If the subdivision, subject property, or certified survey map does not encompass a bikeway or is not adjacent to a bikeway, a fee for the development of bikeways shall be paid to the city treasurer within fourteen (14) days of the issuance of a building permit in the amount of two hundred dollars ($200.00) for each proposed dwelling unit within the plat or certified survey map for residential subdivisions; and twenty dollars ($20.00) for each one thousand (1,000) square feet of lot area, or fraction thereof, in nonresidential developments. Public site fees collected for bikeways by the city treasurer under the provisions of this subsection shall be placed in a nonlapsing separate, segregated, interest-bearing account for bikeways and shall be separate from the general fund of the city, and the special fund shall be used exclusively for the development of bikeways within the city.

3.    As a form of security that the required bikeway will be completed, or where the plan commission determines that the construction of the bikeway should be delayed, the subdivider shall pay an amount equal to the bikeway fee set forth in subsection (B)(2) of this section, to be used as security to ensure bikeway construction. Where the fee has been paid for security purposes, an itemization of the bikeway construction costs shall be presented to the director of public works. The deposited fees shall be returned to the subdivider in full if the construction costs are equal to the amount of the deposited fee. The cost per lineal foot of bikeway shall not exceed a maximum established annually by the board of public works. If the cost is less than the deposit, the difference shall be placed in the special fund for bikeway development. If the construction costs exceed the amount of the deposited fee, the city shall pay the difference, not to exceed the established maximum cost per lineal foot, to the subdivider. The annual maximum cost per lineal foot for bikeway construction shall be computed by the board of public works using prevailing cost for such construction in the area of the city.

a.    Subdividers must pay a bikeway fee of two hundred dollars ($200.00) per lot for residential developments and twenty dollars ($20.00) per one thousand (1,000) square feet for nonresidential developments. The bikeway fee applies to both residential and nonresidential developments. Where the development includes a portion of bikeway designated on the bikeway master plan, the developer shall construct the bikeway adjacent to or within the development as shown in the bikeway master plan. The bikeway fee is intended, in part, to provide for the construction of one hundred eleven (111) miles of bikeway in accordance with the recommendations of the city bikeway master plan. (Ord. 2103-07 § 3, 2007)