Chapter 17.60


17.60.010    Purpose.

17.60.020    Authority.

17.60.030    Definitions.

17.60.040    Needs assessment.

17.60.050    Impact fees.

17.60.060    Other means of financing improvements reserved.

17.60.070    Administration.

17.60.080    Appeal.

17.60.090    Review and standards.

17.60.010 Purpose.

The purpose of this chapter is to promote the public health, safety, and general welfare by imposing impact fees on developers and/or land owners to pay for the capital costs which are necessary to accommodate land development in the Town of East Troy. (Ord. 2011-16 § 1. 2008 code § 18.11(9)(1))

17.60.020 Authority.

This impact fee chapter regulating land development fees in the Town of East Troy is enacted pursuant to 1993 Act 305 and 2005 Act 477. The Town finds, in conjunction with the passage of this provision, that the provisions pertaining to public facilities needs assessment, as defined by Wis. Stat. § 66.0617, have been met, that proper notice has been given, and that the study setting forth such findings and titled “Needs Assessment Study for Parks and Law Enforcement Impact Fees for the Town of East Troy, Walworth County, Wisconsin” has been made available for public inspection at least 20 days prior to the date of passage of the ordinance codified in this chapter. (Ord. 2011-16 § 1. 2008 code § 18.11(9)(2))

17.60.030 Definitions.

In this chapter:

“Building permit” shall mean a permit required for new construction and additions pursuant to the Town Code of Ordinances. The term “building permit,” as used herein, shall not be deemed to include permits required for remodeling, rehabilitation, or other improvements to an existing structure, or for the reconstruction or replacement of a structure existing at the time of the adoption of this section; provided, that there is not increased need for new, expanded or improved public facilities therefrom.

“Capital costs” means 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 percent of capital costs may consist of legal, engineering, and design costs unless the Town 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 percent of capital costs. Capital costs do not include other noncapital costs to construct, expand, or improve public facilities, vehicles, or the costs of equipment to construct, expand, or improve public facilities.

“Developer” means a person that constructs or creates a land development.

“Impact fees” means cash contributions, contributions of land or interests in land or any other items of value that are imposed on a developer or land owner by the Town under this chapter.

“Land development” means the construction or modification of improvements to real property that creates additional REUs within the Town or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within the Town.

“Needs assessment” means the assessment of needs required by Wis. Stat. § 66.0617.

“Public facilities” means highways, as defined in Wis. Stat. § 340.01(22), and other transportation facilities, traffic control devices, facilities for collecting and treating sewage, facilities for collecting and treating storm and surface waters, facilities for pumping, storing and distributing water, parks, playgrounds and land for athletic fields, solid waste and recycling facilities, fire protection facilities, law enforcement facilities, emergency medical facilities and libraries. “Public facilities” does not include facilities owned by a school district.

“REU” means one residential housing (dwelling) unit. Each single-family residential unit constitutes one REU, regardless of whether such unit is located in or within a one-family, multifamily, condominium, cooperative, rental, or owner-occupied unit. For example, a single-family house would constitute one REU, a duplex would constitute two REUs, and a six-family apartment building would constitute six REUs. Facilities such as nursing homes, community based residential care facilities (CBRFs) or residential care apartment complexes (RCACs), as defined by statute, whether for-profit or not-for-profit, and state prisons or penal facilities, which include living space for five or more patients or residents and which are intended for long-term or permanent residential purposes, shall not constitute residential development for purposes of imposing impact fees under this chapter.

“Service area” means the entire Town of East Troy. (Ord. 2011-16 § 1. 2008 code § 18.11(9)(3))

17.60.040 Needs assessment.

“The Needs Assessment Study for Parks and Law Enforcement Impact Fees for the Town of East Troy, Walworth County, Wisconsin” dated October 2011, as it may be amended and supplemented from time to time, is hereby approved and incorporated by reference. A copy of this document and any amendments or addenda thereto shall be available for inspection in the Town Clerk’s office, and shall be the basis for the impact fee imposed pursuant to this chapter. (Ord. 2011-16 § 1. 2008 code § 18.11(9)(4))

17.60.050 Impact fees.

Any developer creating or constructing any land development within the Town shall pay a fee to the Town pursuant to this section to help defray the capital costs necessary to accommodate the land development.

1.    Residential Development. Residential development shall mean land development resulting in the construction or creation of new REUs within the Town. For each REU to be constructed or created by the proposed development, a residential developer or land owner shall pay a park facility impact fee in the amount of $501.00 per REU for each REU to be constructed or created by the proposed development. Additionally, for each REU to be constructed or created by a proposed development, a residential developer or land owner shall pay a law enforcement impact fee in the amount of $413.00.

2.    The Town may adjust the number of REUs assigned, or the impact fee imposed, based upon satisfactory evidence from the developer that such an adjustment is justified, and shall adjust impact fees to account for contributions to the cost of public improvements from other funding sources.

3.    Impact fees shall be imposed as a condition of approval of any building permit for the subject land development and full payment thereof must be made to the Town within 14 days of the issuance of such building permit. The building permit shall automatically become void if the impact fees are not paid within 14 days of issuance of the building permit. Payment of the impact fees are the responsibility of the owner of the property at the time of the building permit issuance.

4.    Prior to the developer’s entry into a binding purchase agreement concerning any land development affected by this chapter, developers shall notify prospective purchasers of the fact and amount of the current impact fee requirements of this chapter, and that the impact fees are the obligation of the owner of the property. (Ord. 2011-16 § 1. 2008 code § 18.11(9)(5))

17.60.060 Other means of financing improvements reserved.

Pursuant to Wis. Stat. § 66.0617(2)(b), the imposition of impact fees under this chapter does not prohibit or limit the Town’s authority to finance public facilities by any other means authorized by law. (Ord. 2011-16 § 1. 2008 code § 18.11(9)(6))

17.60.070 Administration.

1.    Segregated Account. There is hereby established both a park facility impact fee and law enforcement impact fee fund, which shall be placed in segregated, interest-bearing accounts and shall be accounted for separately from all other funds of the Town.

2.    Expenditures. Impact fee revenues and interest earned thereon may be expended only for the particular capital costs for which the impact fee was imposed, unless the fee is refunded as provided under subsection (3) of this section. Funds shall not be used for maintenance nor to address any existing deficiencies in any public facilities at the time of enactment.

3.    Refund on Impact Fees. Any impact fees collected under this chapter, and all interest earned thereon, which have been collected within seven years of the effective date of the ordinance codified in this chapter, but are not used within 10 years after the effective date of the ordinance codified in this chapter to pay the capital costs for which they were imposed, shall be refunded to the current owner of the property, unless by Board resolution the Town extends this period for up to an additional three years due to specified extenuating circumstances or hardship.

4.    The expenditure and use of the impact fees shall be under the control and supervision of the Town Board. The Town annual budget summary, required under Wis. Stat. § 65.90, shall include revenue and expenditure totals for each impact fee fund. (Ord. 2011-16 § 1. 2008 code § 18.11(9)(7))

17.60.080 Appeal.

1.    Any person 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 Town Clerk which describes the nature of the appeal, provides supporting documentation, and specifies the basis upon which the appeal is made.

2.    At the next regular Town Board meeting, the Town Board shall hear and decide the appeal.

3.    The Clerk shall notify the appealing party of the time and place of the Town Board meeting at which time the appealing party shall be given the opportunity to present additional information in support of the appeal.

4.    Pursuant to Wis. Stat. § 66.0617(10), the only issues upon which an impact fee appeal can be raised are:

a.    The amount of the fee imposed by the Town;

b.    The method of collection of the impact fee;

c.    The purpose for which the Town expends fee funds.

5.    If the Town Board determines that the appeal has merit, it shall determine appropriate remedies. These remedies may include reallocation of the proceeds of the challenged impact fee to accomplish the purposes for which the fee was collected; refunding the impact fee in full or in part, along with interest collected by the Town thereon; granting the appellant the opportunity to make the impact fee payment in installments; or such other remedies as it deems appropriate in a particular case. (Ord. 2011-16 § 1. 2008 code § 18.11(9)(8))

17.60.090 Review and standards.

The Town Board shall periodically review its public facilities needs assessment and account of the impact fees established herein and modify them as necessary to account for changing facility needs, inflation, revised cost estimates, capital improvements, changes in other funding sources applicable to public facility projects and other relevant factors.

All impact fees imposed herein:

1.    Shall bear a rational relationship to the need for new, expanded or improved public facilities required to serve land development.

2.    Shall not exceed the proportionate share of the capital costs required to serve land development, as compared to existing uses of land within the Town.

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 Town with respect to land development to provide or pay for public facilities, including special assessments, special charges, and land dedications or any other items of value. (Ord. 2011-16 § 1. 2008 code § 18.11(9)(9))