§ 3-6-2. Library and Police Impact Fees.

(a)

Short Title. This Section shall be known and may be cited as the "Library and Police Impact Fee Ordinance".

(b)

Authority and Purpose. Pursuant to the authority of Sec. 66.0617, Wis. Stats., the local impact fees enabling legislation, the purpose of this Section is to establish the mechanism for the imposition of impact fees upon new development to finance the capital costs associated with constructing library and police facilities, the demand for which is generated by new development. This Section is intended to assure that new development bears an appropriate share of the cost of capital expenditures necessary to provide appropriate library and police facilities in the City.

(c)

Definitions. The definitions set forth in Sec. 66.0617(1), Wis. Stats., and any amendments thereto, are hereby incorporated and made a part of this Section. In addition, the following words and terms shall be used:

(1)

City. The City of Verona, Wisconsin.

(2)

Common Council. The Common Council of the City of Verona.

(3)

Capital Costs. 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 ten percent (10%) of capital costs may consist of legal, engineering and design costs unless such costs relate directly to the public improvement for which the impact fees were imposed and actually exceed ten percent (10%) of the capital costs.

(4)

Impact Fee. A fee to be collected within fourteen (14) days of the issuance of a building permit.

(5)

Land Development. The construction or modification of improvements to real property that creates additional residential dwelling units within the City or that results in nonresidential uses that create a need for new, expanded or improved public facilities within the City.

(6)

Developer. A person that constructs or creates a land development.

(7)

Public Facilities. For purposes of this Section, as defined in Sec. 66.0617(1)(f), Wis. Stats., means law enforcement facilities and libraries.

(8)

Service Area. For purposes of police needs analysis, the service area is defined as the City of Verona. For purposes of library needs analysis, the service area is defined as the City of Verona as well as outside communities using the library facilities.

(d)

Impact Fee Revenue Administration.

(1)

Revenues from each impact fee that is imposed shall be placed in separate, segregated, interest-bearing accounts and shall be accounted for separately from other City general and utility funds. Impact fee revenues and interest earned thereon shall be expended only for the particular capital costs for which the impact fees were imposed, unless the fee is refunded under Subsection (2).

(2)

Impact fee revenues imposed and collected but not used within seven (7) years after collection to pay the capital costs for which they were imposed, along with any interest that has accumulated, shall be refunded to the current record owner or owners of the property with respect to which the impact fees were imposed, subject to a three-year extension for extenuating circumstances as described in Subsection (3).

(3)

The seven-year time limit for using the impact fees may be extended for three (3) years if the Common Council adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the seven-year limit, it needs an additional three (3) years to use the impact fees that were collected.

(e)

Use of Impact Fees. Funds collected from impact fees shall be used solely for the purpose of paying the proportionate costs of providing public facilities that may become necessary due to land development. These costs may include the costs of debt service on bonds or similar debt instruments when the debt has been incurred for the purpose of proceeding with designated public facilities projects prior to the collection of all anticipated impact fees for that project, to reimburse the City for advances of other funds or reserves, and such other purposes consistent with Sec. 66.0617, Wis. Stats., which are recorded and approved by the Common Council.

(f)

Payment of Impact Fees. All required impact fees, unless expressly exempted in a section of this Chapter, shall be paid in full within fourteen (14) days of the issuance of a building permit. Impact fee payments shall be assumed to be the responsibility of the developer or the property owner.

(g)

Appeals. The payment of an impact fee imposed under this Section may be contested as to the amount, collection or use of the impact fee to the Common Council, provided that the applicant files a written notice of appeal in the City Clerk's office within thirty (30) days of payment of the impact fee. Such notice of appeal shall be entitled "Notice of Appeal of Impact Fee" and shall state the applicant'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 City Clerk shall schedule the appeal for consideration by the Common Council at a regular meeting as soon as reasonably practicable under the circumstances and shall notify the applicant of the time, date and place of such meeting in writing by regular mail, deposited in the mail no later than at least ten (10) days before the date of such meeting. Upon review of such appeal, the Common Council may adjust the amount, collection or use of the impact fee upon just and reasonable cause shown.

(h)

Basis for Determining Library and Police Impact Fees. The basis for the imposition of these impact fees is the impact fee report titled "City of Verona Report on Library and Police Impact Fees and Public Facilities Needs Assessment" prepared by Virchow Krause & Co. LLP dated February 13, 2006, which is on file in the office of the City Clerk of the City of Verona.

These impact fees shall be collected and expended until the capital costs associated with the projects specified in the "City of Verona Report on Library and Police Impact Fees and Public Facilities Needs Assessment" have been incurred and satisfied.

(i)

Impact Fee Schedule. At the time a building permit for land development is issued, the developer shall pay impact fees for library and police public facilities as follows:

(1)

Library Impact Fees.

a.

Single-family: Five Hundred Forty Dollars ($540.00) per unit.

b.

Multifamily: Three Hundred Seventy-One Dollars ($371.00) per unit.

(2)

Police Impact Fees.

a.

Residential:

i.

Single-family: Four Hundred Thirteen Dollars ($413.00) per unit.

ii.

Multifamily: Three Hundred Sixty-Eight Dollars ($368.00) per unit.

b.

Nonresidential:

i.

Fee per One Thousand Dollar ($1,000.00) valuation: $1.4094.

(j)

Review. The impact fees contained herein shall be reviewed by the Common Council periodically.

(k)

Severability. If any section, phrase, sentence, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

(Ord. No. 06-725, 8-17-06)