(A) Definitions. The definitions in Wis. Stats. § 66.0617(1) are hereby adopted by reference.
(B) Imposed. Pursuant to Wis. Stats. § 66.0617, a wastewater treatment plant impact fee per residential unit equivalent for residential, commercial, industrial, and industrial development is hereby imposed on developers. The fee shall be in the amount set forth in Exhibit B of the village’s Wastewater Treatment Plant Needs Assessment, (which is incorporated here by reference), except that the impact fee for an efficiency or one-bedroom apartment shall be set as provided in § 36.04.
(C) Payment of the impact fee. The impact fee shall be paid to the Village Treasurer/Deputy Clerk by the property owner at the time of applying for a building permit.
(D) Requirements for impact fee revenues. Revenues from impact fees shall be placed in a segregated, interest-bearing account and shall be accounted for separately from the other funds of the village. Impact fee revenues and interest earned on impact fee revenues may be expended only for capital costs for which the impact fee was imposed.
(E) Impact fee accounting; time periods; return of fees.
(1) The Village Treasurer/Deputy Clerk shall keep an account of the amount and date of each impact fee payment and the date such funds are expended on a first-in first-out basis.
(2) The time period for the expenditure of the wastewater treatment plant impact fee funds shall be in accordance with the time limits set forth in Wis. Stats. § 66.0617.
(3) Impact fees, together with interest earned, which are not used to pay the capital costs for which they are imposed within the time period prescribed in division (E)(2) above shall be refunded to the current owner of the property with respect to which the impact fees are imposed.
(F) Appeal.
(1) Any developer upon whom an impact fee has been imposed may contest the amount, collection, or the use of the impact fee by filing an appeal to the Village Board addressed to the Village Administrator/Clerk. A copy of the appeal shall be forwarded to the Sewer Utility Superintendent who shall submit a written report and make a recommendation. At the next Board meeting, the Board shall adopt a proposed resolution of the matter and the Administrator/Clerk shall send a copy of the same to the developer. If the developer still feels aggrieved, within ten days he or she may file a written request with the Administrator/Clerk that a hearing on the matter be held.
(2) If the hearing request is received by the Administrator/Clerk five days or more from the next Board meeting, the Board will hear the matter at that meeting. If received less than five days from the next Board meeting, the matter will be heard at the next succeeding Board meeting.
(3) After fully hearing the matter, the Board shall reduce its findings and decisions to writing within ten days and the Administrator/Clerk shall send a copy thereof to the developer by certified mail. If the developer still feels aggrieved, he or she may file an appeal with the Circuit Court within 30 days of the receipt of the Board decision.
(Prior Code, § 13.05) (Ord. 5-96, passed 9-12-1996; Ord. 03-2009, passed 6-11-2009; Ord. 10-2014, passed 11-13-2014; Ord. 03-2019, passed 2-14-2019)