AB800: Bill Text

AB800,6,18 66.55 (2) (c) Beginning on May 1, 1995, a political subdivision municipality may impose and collect impact fees only under this section.

AB800, s. 14 Section 14. 66.55 (3) of the statutes is amended to read:

AB800,6,25 66.55 (3) Public hearing; notice. Before enacting an ordinance that imposes impact fees, or amending an existing ordinance that imposes impact fees, a political subdivision municipality shall hold a public hearing on the proposed ordinance or amendment. Notice of the public hearing shall be published as a class 1 notice under ch. 985, and shall specify where a copy of the proposed ordinance or amendment and the public facilities needs assessment may be obtained.

AB800, s. 15 Section 15. 66.55 (4) (a) (intro.) of the statutes is amended to read:

AB800,7,7 66.55 (4) (a) (intro.) Before enacting an ordinance that imposes impact fees or amending an ordinance that imposes impact fees by revising the amount of the fee or altering the public facilities for which impact fees may be imposed, a political subdivision municipality shall prepare a needs assessment for the public facilities for which it is anticipated that impact fees may be imposed. The public facilities needs assessment shall include, but not be limited to, the following:

AB800, s. 16 Section 16. 66.55 (4) (a) 3. of the statutes is amended to read:

AB800,7,13 66.55 (4) (a) 3. A detailed estimate of the capital costs of providing the new public facilities or the improvements or expansions in existing public facilities identified in subd. 2., including an estimate of the effect of recovering these capital costs through impact fees on the availability of affordable housing within the political subdivision municipality.

AB800, s. 17 Section 17. 66.55 (4) (b) of the statutes is amended to read:

AB800,7,18 66.55 (4) (b) A public facilities needs assessment or revised public facilities needs assessment that is prepared under this subsection shall be available for public inspection and copying in the office of the clerk of the political subdivision municipality at least 20 days before the hearing under sub. (3).

AB800, s. 18 Section 18. 66.55 (5) (b) of the statutes is amended to read:

AB800,8,2 66.55 (5) (b) An ordinance enacted under this section may delineate geographically defined zones within the political subdivision municipality and may impose impact fees on land development in a zone that differ from impact fees imposed on land development in other zones within the political subdivision municipality. The public facilities needs assessment that is required under sub. (4) shall explicitly identify the differences, such as land development or the need for those public facilities, which justify the differences between zones in the amount of impact fees imposed.

AB800, s. 19 Section 19. 66.55 (6) (b) of the statutes is amended to read:

AB800,8,6 66.55 (6) (b) May not exceed the proportionate share of the capital costs that are required to serve land development, as compared to existing uses of land within the political subdivision municipality.

AB800, s. 20 Section 20. 66.55 (6) (d) of the statutes is amended to read:

AB800,8,12 66.55 (6) (d) Shall be reduced to compensate for other capital costs imposed by the political subdivision municipality 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 dedications under ch. 236 or any other items of value and shall be reduced to compensate for taxes imposed under ch. 70.

AB800, s. 21 Section 21. 66.55 (6) (g) of the statutes is amended to read:

AB800,8,18 66.55 (6) (g) Shall be payable by the developer to the political subdivision municipality, either in full or in instalment payments that are approved by the political subdivision, before municipality, and may not be due on a date that is earlier than the date on which a building permit may be for the land development is issued or other required approval may be given by the political subdivision.

AB800, s. 22 Section 22. 66.55 (6) (h) of the statutes is created to read:

AB800,8,21 66.55 (6) (h) Shall be imposed equitably on all types of land development that are served by any of the public facilities to be financed by such fees.

AB800, s. 23 Section 23. 66.55 (7) of the statutes is amended to read:

AB800,9,6 66.55 (7) (title) Low-cost, moderate-cost housing. An ordinance enacted under this section may provide for an exemption from, or a reduction in the amount of, impact fees on land development that provides low-cost or moderate-cost housing, except that no amount of an impact fee for which an exemption or reduction is provided under this subsection may be shifted to any other development in the land development in which the low-cost or moderate-cost housing is located or to any other land development in the political subdivision municipality. An ordinance enacted under this section may not have a disproportionate effect on a purchaser, occupant or developer of low or moderately priced housing in the municipality.

AB800, s. 24 Section 24. 66.55 (8) of the statutes is amended to read:

AB800,9,12 66.55 (8) 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 political subdivision municipality. Impact fee revenues and interest earned on impact fee revenues may be expended only for capital costs for which the impact fees were imposed.

AB800, s. 25 Section 25. 66.55 (9) of the statutes is amended to read:

AB800,9,23 66.55 (9) Refund of impact fees. An ordinance enacted under this section shall specify that impact Impact fees that are imposed and collected by a political subdivision municipality but are not used within a reasonable period of time 5 years after they are collected to pay the capital costs for which they were imposed shall be refunded to the current owner of the property with respect to which the impact fees were imposed. The ordinance shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection. In determining the length of the time periods under the ordinance, a political subdivision shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

AB800, s. 26 Section 26. 66.55 (10) of the statutes is renumbered 66.55 (10) (a) and amended to read:

AB800,10,7 66.55 (10) (a) A political subdivision municipality that enacts an impact fee ordinance under this section shall, by ordinance, specify a procedure under which a developer upon whom an impact fee is imposed has the right to contest the any issue related to the imposition, amount, collection or use of the impact fee to the governing body of the political subdivision. The ordinance shall specify that the initial appeal shall be before the municipality's governing body, and that a subsequent apppeal shall be made in circuit court.

AB800, s. 27 Section 27. 66.55 (10) (b) of the statutes is created to read:

AB800,10,11 66.55 (10) (b) A court shall award a developer who contests an impact fee under par. (a) reasonable attorney fees if the developer prevails, notwithstanding s. 814.04 (1).

AB800, s. 28 Section 28. 66.55 (10) (c) of the statutes is created to read:

AB800,10,14 66.55 (10) (c) Section 893.80 does not apply to an action commenced under this subsection.

AB800, s. 29 Section 29. 66.55 (11) of the statutes is created to read:

AB800,10,22 66.55 (11) Limits on restrictions. If a municipality imposes a moratorium on, or similar restriction affecting, land development, including limitations on the approval or issuance of rezoning, land divisions or building permits, no new ordinance or amendment of an existing ordinance that is enacted under this section, after the moratorium or similar restriction takes effect, may take effect before the first day of 24th month beginning after the termination of the moratorium or similar restriction.

AB800, s. 30 Section 30. 236.45 (2) (b) of the statutes is amended to read:

AB800,11,3 236.45 (2) (b) This Subject to s. 66.55 (2) (b), this section and any ordinance adopted pursuant thereto shall be liberally construed in favor of the municipality, town or county and shall not be deemed a limitation or repeal of any requirement or power granted or appearing in this chapter or elsewhere, relating to the subdivision of lands.

AB800, s. 31 Section 31. 814.04 (intro.) of the statutes, as affected by 1997 Wisconsin Acts 55 and .... (Senate Bill 384), is amended to read:

AB800,11,9 814.04 Items of costs. (intro.) Except as provided in ss. 66.55 (10) (b), 93.20, 100.30 (5m), 106.04 (6) (i) and (6m) (a), 115.80 (9), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

AB800, s. 32 Section 32. 893.80 (8) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB800,11,13 893.80 (8) This section does not apply to actions commenced under s. 19.37, 19.97, 66.55 (10) or 281.99.

AB800, s. 33 Section 33. Effective date.

AB800,11,15 (1) This act takes effect on July 1, 1998.

AB800,11,16 (End)