AB1156,3,1312
66.0617
(1) (e)
"Political subdivision" "Municipality" means a city, village,
town
13or county or town.
AB1156, s. 5
14Section
5. 66.0617 (1) (f) of the statutes is amended to read:
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66.0617
(1) (f) "Public facilities" means highways, as defined in s. 340.01 (22),
16and other transportation facilities, traffic control devices, facilities for collecting and
17treating sewage, facilities for collecting and treating storm and surface waters,
18facilities for pumping, storing
, and distributing water, parks
, and playgrounds
and
19other recreational facilities, solid waste and recycling facilities, fire protection
20facilities, law enforcement facilities, emergency medical facilities and libraries
21except that, with regard to counties, "public facilities" does not include highways, as
22defined in s. 340.01 (22), other transportation facilities or traffic control devices.
23"Public facilities" does not include facilities owned by a school district.
AB1156, s. 6
24Section
6. 66.0617 (1) (g) of the statutes is amended to read:
AB1156,4,2
166.0617
(1) (g) "Service area" means a geographic area delineated by a
political
2subdivision municipality within which there are public facilities.
AB1156, s. 7
3Section
7. 66.0617 (1) (h) of the statutes is amended to read:
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66.0617
(1) (h) "Service standard" means a certain quantity or quality of public
5facilities relative to a certain number of persons, parcels of land or other appropriate
6measure, as specified by the
political subdivision
municipality.
AB1156, s. 8
7Section
8. 66.0617 (2) (a) of the statutes is amended to read:
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66.0617
(2) (a)
Subject to par. (am), a political subdivision A municipality may
9enact an ordinance under this section that imposes impact fees on developers to pay
10for the capital costs that are necessary to accommodate land development.
AB1156, s. 9
11Section
9. 66.0617 (2) (am) of the statutes is repealed.
AB1156, s. 10
12Section
10. 66.0617 (2) (b) of the statutes is amended to read:
AB1156,4,1813
66.0617
(2) (b) Subject to par. (c), this section does not prohibit or limit the
14authority of a
political subdivision municipality to finance public facilities by any
15other means authorized by law, except that the amount of an impact fee imposed by
16a
political subdivision municipality shall be reduced, under sub. (6) (d), to
17compensate for any other costs of public facilities imposed by the
political subdivision 18municipality on developers to provide or pay for capital costs.
AB1156, s. 11
19Section
11. 66.0617 (2) (c) of the statutes is amended to read:
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66.0617
(2) (c) Beginning on May 1, 1995, a
political subdivision municipality 21may impose and collect impact fees only under this section.
AB1156, s. 12
22Section
12. 66.0617 (3) of the statutes is amended to read:
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66.0617
(3) Public hearing; notice. Before enacting an ordinance that imposes
24impact fees, or amending an existing ordinance that imposes impact fees, a
political
25subdivision municipality shall hold a public hearing on the proposed ordinance or
1amendment. Notice of the public hearing shall be published as a class 1 notice under
2ch. 985, and shall specify where a copy of the proposed ordinance or amendment and
3the public facilities needs assessment may be obtained.
AB1156, s. 13
4Section
13. 66.0617 (4) (a) (intro.) of the statutes is amended to read:
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66.0617
(4) (a) (intro.) Before enacting an ordinance that imposes impact fees
6or amending an ordinance that imposes impact fees by revising the amount of the fee
7or altering the public facilities for which impact fees may be imposed, a
political
8subdivision municipality shall prepare a needs assessment for the public facilities
9for which it is anticipated that impact fees may be imposed. The public facilities
10needs assessment shall include, but not be limited to, the following:
AB1156, s. 14
11Section
14. 66.0617 (4) (a) 3. of the statutes is amended to read:
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66.0617
(4) (a) 3. A detailed estimate of the capital costs of providing the new
13public facilities or the improvements or expansions in existing public facilities
14identified in subd. 2., including an estimate of the effect of recovering these capital
15costs through impact fees on the availability of affordable housing within the
16political subdivision municipality.
AB1156, s. 15
17Section
15. 66.0617 (4) (b) of the statutes is amended to read:
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66.0617
(4) (b) A public facilities needs assessment or revised public facilities
19needs assessment that is prepared under this subsection shall be available for public
20inspection and copying in the office of the clerk of the
political subdivision 21municipality at least 20 days before the hearing under sub. (3).
AB1156, s. 16
22Section
16. 66.0617 (5) (b) of the statutes is amended to read:
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66.0617
(5) (b) An ordinance enacted under this section may delineate
24geographically defined zones within the
political subdivision municipality and may
25impose impact fees on land development in a zone that differ from impact fees
1imposed on land development in other zones within the
political subdivision 2municipality. The public facilities needs assessment that is required under sub. (4)
3shall explicitly identify the differences, such as land development or the need for
4those public facilities, which justify the differences between zones in the amount of
5impact fees imposed.
AB1156, s. 17
6Section
17. 66.0617 (6) (b) of the statutes is amended to read:
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66.0617
(6) (b) May not exceed the proportionate share of the capital costs that
8are required to serve land development, as compared to existing uses of land within
9the
political subdivision municipality .
AB1156, s. 18
10Section
18. 66.0617 (6) (d) of the statutes is amended to read:
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66.0617
(6) (d) Shall be reduced to compensate for other capital costs imposed
12by the
political subdivision municipality with respect to land development to provide
13or pay for public facilities, including special assessments, special charges, land
14dedications or fees in lieu of land dedications under ch. 236 or any other items of
15value.
AB1156, s. 19
16Section
19. 66.0617 (6) (g) of the statutes is amended to read:
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66.0617
(6) (g) Shall be payable by the developer
or the property owner to the
18political subdivision, either municipality in full
or in installment payments that are
19approved by the political subdivision, before within 14 days of the issuance of a
20building permit
may be issued or
other required approval may be given within 14
21days of the issuance of an occupancy permit by the
political subdivision municipality.
AB1156, s. 20
22Section
20. 66.0617 (7) of the statutes is amended to read:
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(7) Low-cost housing. An ordinance enacted under this section may
24provide for an exemption from, or a reduction in the amount of, impact fees on land
25development that provides low-cost housing, except that no amount of an impact fee
1for which an exemption or reduction is provided under this subsection may be shifted
2to any other development in the land development in which the low-cost housing is
3located or to any other land development in the
political subdivision municipality.
AB1156, s. 21
4Section
21. 66.0617 (8) of the statutes is amended to read:
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66.0617
(8) Requirements for and reporting on impact fee revenues. 6Revenues from
each impact
fees fee that is imposed shall be placed in a
separate 7segregated
, interest-bearing account and shall be accounted for
, in accordance with
8generally accepted accounting practices, separately from the other funds of the
9political subdivision municipality. Impact fee revenues and interest earned on
10impact fee revenues may be expended only for
the particular capital costs for which
11the impact
fees were fee was imposed
, unless the fee is refunded under sub. (9).
12Annually, a municipality shall publish, as a class 1 notice under ch. 985, a report that
13lists each impact fee imposed by the municipality which is in an account described
14in this subsection and the capital costs for which the fee was spent or is to be spent.
AB1156, s. 22
15Section
22. 66.0617 (9) of the statutes is amended to read:
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66.0617
(9) Refund of impact fees. An ordinance enacted under this section
17shall specify that impact fees that are imposed and collected by a
political subdivision 18municipality but are not used within
a reasonable period of time 10 years after they
19are collected to pay the capital costs for which they were imposed shall be refunded
20to the current owner of the property with respect to which the impact fees were
21imposed
, along with any interest that has accumulated, as described in sub. (8). The
22ordinance shall specify, by type of public facility, reasonable time periods within
23which impact fees must be spent or refunded under this subsection. In determining
24the length of the time periods under the ordinance, a
political subdivision
1municipality shall consider what are appropriate planning and financing periods for
2the particular types of public facilities for which the impact fees are imposed.
AB1156, s. 23
3Section
23. 66.0617 (10) of the statutes is amended to read:
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66.0617
(10) Appeal. A
political subdivision municipality that enacts an
5impact fee ordinance under this section shall, by ordinance, specify a procedure
6under which a developer upon whom an impact fee is imposed has the right to contest
7the amount, collection or use of the impact fee to the governing body of the
political
8subdivision municipality.
AB1156, s. 24
9Section
24. 66.0628 (3) of the statutes is created to read:
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66.0628
(3) Revenues from each fee that is imposed shall be placed in a
11separate segregated interest-bearing account and shall be accounted for, in
12accordance with generally accepted accounting practices, separately from the other
13funds of the political subdivision. Annually, a political subdivision shall publish, as
14a class 1 notice under ch. 985, a report that lists each fee imposed by the political
15subdivision which is in an account described in this subsection and the purposes for
16which the fee was spent or is to be spent.