AB800, s. 11
17Section
11. 66.55 (2) (b) of the statutes is renumbered 66.55 (2) (b) (intro.) and
18amended to read:
AB800,5,2119
66.55
(2) (b) (intro.) Subject to par. (c), this section does not prohibit or limit the
20authority of a
political subdivision municipality to finance public facilities by any
21other means authorized by law, except
that the as follows:
AB800,5,25
221. The amount of an impact fee imposed by a
political subdivision municipality 23shall be reduced, under sub. (6) (d), to compensate for any other costs of public
24facilities imposed by the
political subdivision municipality on developers to provide
25or pay for capital costs.
AB800, s. 12
1Section
12. 66.55 (2) (b) 2. and 3. of the statutes are created to read:
AB800,6,72
66.55
(2) (b) 2. A municipality may not require the contribution of land,
3interests in land or other items of value or the payment of fees or other charges under
4s. 59.69, 60.61, 60.62, 61.35 or 62.23 or under ch. 236 with respect to any land
5development to finance any part of a facility to be owned by the municipality that
6does not, or is not intended in the future, to serve and benefit exclusively such land
7development.
AB800,6,158
3. A municipality or a town sanitary district under s. 60.77 (5) (e) may not
9require the payment of fees or other charges under s. 66.069 or 66.076 with respect
10to any land development to finance any part of a facility to be owned by the
11municipality or the town sanitary district that does not, or is not intended in the
12future, to serve and benefit exclusively such land development, unless such fees or
13charges are imposed uniformly upon that portion of the entire municipality or town
14sanitary district that is being served by the same or comparable facilities at the time
15that such fees or charges are imposed.
AB800, s. 13
16Section
13. 66.55 (2) (c) of the statutes is amended to read:
AB800,6,1817
66.55
(2) (c) Beginning on May 1, 1995, a
political subdivision municipality 18may impose and collect impact fees only under this section.
AB800, s. 14
19Section
14. 66.55 (3) of the statutes is amended to read:
AB800,6,2520
66.55
(3) Public hearing; notice. Before enacting an ordinance that imposes
21impact fees, or amending an existing ordinance that imposes impact fees, a
political
22subdivision municipality shall hold a public hearing on the proposed ordinance or
23amendment. Notice of the public hearing shall be published as a class 1 notice under
24ch. 985, and shall specify where a copy of the proposed ordinance or amendment and
25the public facilities needs assessment may be obtained.
AB800, s. 15
1Section
15. 66.55 (4) (a) (intro.) of the statutes is amended to read:
AB800,7,72
66.55
(4) (a) (intro.) Before enacting an ordinance that imposes impact fees or
3amending an ordinance that imposes impact fees by revising the amount of the fee
4or altering the public facilities for which impact fees may be imposed, a
political
5subdivision municipality shall prepare a needs assessment for the public facilities
6for which it is anticipated that impact fees may be imposed. The public facilities
7needs assessment shall include, but not be limited to, the following:
AB800, s. 16
8Section
16. 66.55 (4) (a) 3. of the statutes is amended to read:
AB800,7,139
66.55
(4) (a) 3. A detailed estimate of the capital costs of providing the new
10public facilities or the improvements or expansions in existing public facilities
11identified in subd. 2., including an estimate of the effect of recovering these capital
12costs through impact fees on the availability of affordable housing within the
13political subdivision municipality.
AB800, s. 17
14Section
17. 66.55 (4) (b) of the statutes is amended to read:
AB800,7,1815
66.55
(4) (b) A public facilities needs assessment or revised public facilities
16needs assessment that is prepared under this subsection shall be available for public
17inspection and copying in the office of the clerk of the
political subdivision 18municipality at least 20 days before the hearing under sub. (3).
AB800, s. 18
19Section
18. 66.55 (5) (b) of the statutes is amended to read:
AB800,8,220
66.55
(5) (b) An ordinance enacted under this section may delineate
21geographically defined zones within the
political subdivision municipality and may
22impose impact fees on land development in a zone that differ from impact fees
23imposed on land development in other zones within the
political subdivision 24municipality. The public facilities needs assessment that is required under sub. (4)
25shall explicitly identify the differences, such as land development or the need for
1those public facilities, which justify the differences between zones in the amount of
2impact fees imposed.
AB800, s. 19
3Section
19. 66.55 (6) (b) of the statutes is amended to read:
AB800,8,64
66.55
(6) (b) May not exceed the proportionate share of the capital costs that
5are required to serve land development, as compared to existing uses of land within
6the
political subdivision municipality.
AB800, s. 20
7Section
20. 66.55 (6) (d) of the statutes is amended to read:
AB800,8,128
66.55
(6) (d) Shall be reduced to compensate for other capital costs imposed by
9the
political subdivision municipality with respect to land development to provide or
10pay for public facilities, including special assessments, special charges
, land
11dedications or fees in lieu of land dedications under ch. 236 or any other items of
12value
and shall be reduced to compensate for taxes imposed under ch. 70.
AB800, s. 21
13Section
21. 66.55 (6) (g) of the statutes is amended to read:
AB800,8,1814
66.55
(6) (g) Shall be payable by the developer to the
political subdivision 15municipality, either in full or in instalment payments that are approved by the
16political subdivision, before municipality, and may not be due on a date that is earlier
17than the date on which a building permit
may be
for the land development is issued
18or other required approval may be given by the political subdivision.
AB800, s. 22
19Section
22. 66.55 (6) (h) of the statutes is created to read:
AB800,8,2120
66.55
(6) (h) Shall be imposed equitably on all types of land development that
21are served by any of the public facilities to be financed by such fees.
AB800, s. 23
22Section
23. 66.55 (7) of the statutes is amended to read:
AB800,9,623
66.55
(7) (title)
Low-cost, moderate-cost housing. An ordinance enacted
24under this section may provide for an exemption from, or a reduction in the amount
25of, impact fees on land development that provides low-cost
or moderate-cost
1housing, except that no amount of an impact fee for which an exemption or reduction
2is provided under this subsection may be shifted to any other development in the land
3development in which the low-cost
or moderate-cost housing is located or to any
4other land development in the
political subdivision
municipality. An ordinance
5enacted under this section may not have a disproportionate effect on a purchaser,
6occupant or developer of low or moderately priced housing in the municipality.
AB800, s. 24
7Section
24. 66.55 (8) of the statutes is amended to read:
AB800,9,128
66.55
(8) Requirements for impact fee revenues. Revenues from impact fees
9shall be placed in a segregated, interest-bearing account and shall be accounted for
10separately from the other funds of the
political subdivision municipality. Impact fee
11revenues and interest earned on impact fee revenues may be expended only for
12capital costs for which the impact fees were imposed.
AB800, s. 25
13Section
25. 66.55 (9) of the statutes is amended to read:
AB800,9,2314
66.55
(9) Refund of impact fees.
An ordinance enacted under this section shall
15specify that impact Impact fees that are imposed and collected by a
political
16subdivision municipality but are not used within
a reasonable period of time 5 years 17after they are collected to pay the capital costs for which they were imposed shall be
18refunded to the current owner of the property with respect to which the impact fees
19were imposed.
The ordinance shall specify, by type of public facility, reasonable time
20periods within which impact fees must be spent or refunded under this subsection.
21In determining the length of the time periods under the ordinance, a political
22subdivision shall consider what are appropriate planning and financing periods for
23the particular types of public facilities for which the impact fees are imposed.
AB800, s. 26
24Section
26. 66.55 (10) of the statutes is renumbered 66.55 (10) (a) and
25amended to read:
AB800,10,7
166.55
(10) (a) A
political subdivision municipality that enacts an impact fee
2ordinance under this section shall, by ordinance, specify a procedure under which a
3developer upon whom an impact fee is imposed has the right to contest
the any issue
4related to the imposition, amount, collection or use of the impact fee
to the governing
5body of the political subdivision. The ordinance shall specify that the initial appeal
6shall be before the municipality's governing body, and that a subsequent apppeal
7shall be made in circuit court.
AB800, s. 27
8Section
27. 66.55 (10) (b) of the statutes is created to read:
AB800,10,119
66.55
(10) (b) A court shall award a developer who contests an impact fee under
10par. (a) reasonable attorney fees if the developer prevails, notwithstanding s. 814.04
11(1).
AB800, s. 28
12Section
28. 66.55 (10) (c) of the statutes is created to read:
AB800,10,1413
66.55
(10) (c) Section 893.80 does not apply to an action commenced under this
14subsection.
AB800, s. 29
15Section
29. 66.55 (11) of the statutes is created to read:
AB800,10,2216
66.55
(11) Limits on restrictions. If a municipality imposes a moratorium on,
17or similar restriction affecting, land development, including limitations on the
18approval or issuance of rezoning, land divisions or building permits, no new
19ordinance or amendment of an existing ordinance that is enacted under this section,
20after the moratorium or similar restriction takes effect, may take effect before the
21first day of 24th month beginning after the termination of the moratorium or similar
22restriction.
AB800, s. 30
23Section
30. 236.45 (2) (b) of the statutes is amended to read:
AB800,11,324
236.45
(2) (b)
This Subject to s. 66.55 (2) (b), this section and any ordinance
25adopted pursuant thereto shall be liberally construed in favor of the municipality,
1town or county and shall not be deemed a limitation or repeal of any requirement or
2power granted or appearing in this chapter or elsewhere, relating to the subdivision
3of lands.
AB800,11,9
6814.04 Items of costs. (intro.) Except as provided in ss.
66.55 (10) (b), 93.20,
7100.30 (5m), 106.04 (6) (i) and (6m) (a), 115.80 (9), 769.313, 814.025, 814.245, 895.035
8(4), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and
9943.51 (2) (b), when allowed costs shall be as follows:
AB800,11,1312
893.80
(8) This section does not apply to actions commenced under s. 19.37,
1319.97
, 66.55 (10) or 281.99.
AB800,11,1515
(1)
This act takes effect on July 1, 1998.