66.1103 AnnotationA chiropractic clinic may qualify for financing under this section. 70 Atty. Gen. 133.
66.1103 AnnotationThe Financing of Corporate Expansion Through Industrial Revenue Bonds. Mulcahy & Guszkowski. 57 MLR 201 (1974).
66.110566.1105Tax increment law.
66.1105(1)(1)Short title. This section shall be known and may be cited as the “Tax Increment Law”.
66.1105(2)(2)Definitions. In this section, unless a different intent clearly appears from the context:
66.1105(2)(ab)(ab) “Affordable housing” means housing that costs a household no more than 30 percent of the household’s gross monthly income.
66.1105(2)(ae)(ae)
66.1105(2)(ae)1.1. “Blighted area” means any of the following:
66.1105(2)(ae)1.a.a. An area, including a slum area, in which the structures, buildings or improvements, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of these factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare.
66.1105(2)(ae)1.b.b. An area which is predominantly open and which consists primarily of an abandoned highway corridor, as defined in s. 66.1333 (2m) (a), or that consists of land upon which buildings or structures have been demolished and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community.
66.1105(2)(ae)2.2. “Blighted area” does not include predominantly open land area that has been developed only for agricultural purposes.
66.1105(2)(aj)(aj) “Decrement situation” means a situation in which the aggregate value, as equalized by the department of revenue, of all taxable property located within a tax incremental district on or about the date on which a resolution is adopted under sub. (5) (h) 1. is at least 10 percent less than the current tax incremental base of that district.
66.1105(2)(am)(am) “Environmental pollution” has the meaning given in s. 299.01 (4).
66.1105(2)(bm)(bm) “Highway” has the meaning provided in s. 340.01 (22).
66.1105(2)(bq)(bq) “Household” means an individual and his or her spouse and all minor dependents.
66.1105(2)(c)(c) “Local legislative body” means the common council.
66.1105(2)(cm)(cm) “Mixed-use development” means development that contains a combination of industrial, commercial, or residential uses, except that lands proposed for newly platted residential use, as shown in the project plan, may not exceed 35 percent, by area, of the real property within the district.
66.1105(2)(e)(e) “Planning commission” means a plan commission created under s. 62.23, a board of public land commissioners if the city has no plan commission, or a city plan committee of the local legislative body, if the city has neither a commission nor a board.
66.1105(2)(f)(f)
66.1105(2)(f)1.1. “Project costs” mean any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the city which are listed in a project plan as costs of public works or improvements within a tax incremental district or, to the extent provided in this subd. 1. (intro.) or subds. 1. k. and 1. n., or sub. (20) (c), without the district, plus any incidental costs, diminished by any income, special assessments, or other revenues, including user fees or charges, other than tax increments, received or reasonably expected to be received by the city in connection with the implementation of the plan. For any tax incremental district for which a project plan is approved on or after July 31, 1981, only a proportionate share of the costs permitted under this subdivision may be included as project costs to the extent that they benefit the tax incremental district, except that expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by a 1st class city, to fund parking facilities ancillary to and within one mile from public entertainment facilities, including a sports and entertainment arena, shall be considered to benefit any tax incremental district located in whole or in part within a one-mile radius of such parking facilities. To the extent the costs benefit the municipality outside the tax incremental district, a proportionate share of the cost is not a project cost. “Project costs” include:
66.1105(2)(f)1.a.a. Capital costs including, but not limited to, the actual costs of the construction of public works or improvements, new buildings, structures, and fixtures; the demolition, alteration, remodeling, repair or reconstruction of existing buildings, structures and fixtures other than the demolition of listed properties as defined in s. 44.31 (4); the acquisition of equipment to service the district; the removal or containment of, or the restoration of soil or groundwater affected by, environmental pollution; and the clearing and grading of land.
66.1105(2)(f)1.b.b. Financing costs, including, but not limited to, all interest paid to holders of evidences of indebtedness issued to pay for project costs, any premium paid over the principal amount of the obligations because of the redemption of the obligations prior to maturity, and payments made by the city or village to a county or other municipality that issues obligations to finance project costs of a district pursuant to sub. (20).
66.1105(2)(f)1.c.c. Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the city of real property within a tax incremental district for consideration which is less than its cost to the city.
66.1105(2)(f)1.d.d. Professional service costs, including, but not limited to, those costs incurred for architectural, planning, engineering, and legal advice and services.
66.1105(2)(f)1.e.e. Imputed administrative costs, including, but not limited to, reasonable charges for the time spent by city employees in connection with the implementation of a project plan.
66.1105(2)(f)1.f.f. Relocation costs, including, but not limited to, those relocation payments made following condemnation under ss. 32.19 and 32.195.
66.1105(2)(f)1.g.g. Organizational costs, including, but not limited to, the costs of conducting environmental impact and other studies and the costs of informing the public with respect to the creation of tax incremental districts and the implementation of project plans.
66.1105(2)(f)1.h.h. The amount of any contributions made under s. 66.1333 (13) in connection with the implementation of the project plan.
66.1105(2)(f)1.i.i. Payments made, in the discretion of the local legislative body, which are found to be necessary or convenient to the creation of tax incremental districts or the implementation of project plans, including payments made to a town that relate to property taxes levied on territory to be included in a tax incremental district as described in sub. (4) (gm) 1.