Sponsor
Alderman Friedel
Title
Ordinance No. 20-07
To repeal and recreate Chapter 98, Article III, Division 4 of the Municipal Code of the City of Racine, Wisconsin relating to Water Utility - Impact Fee.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Chapter 98, Article III, Division 4 of the Municipal Code of the City of Racine is hereby repealed and recreated to read as follows:
"DIVISION 4. IMPACT FEE
Sec. 98-83. Definitions.
For the purpose of this division, the following phrases have the meaning stated:
Capital cost means 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 10% of capital costs may consist of legal, engineering and design costs unless the City can demonstrate that its legal, engineering and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. Capital costs does not include other noncapital costs to construct, expand or improve public facilities, the costs of equipment to construct, expand or improve public facilities or the costs for vehicles.
Developer means a person that constructs or creates a land development.
Impact Fees means cash fees imposed upon a developer under this chapter.
Land Development means the construction or modification of improvements to real property that creates additional residential dwelling units within the City or that result in nonresidential uses that create a need for new, expanded or improved public facilities within the City. For the purpose of the water impact fee, land development shall include any property, formerly unconnected to the water system that connects to the water system.
Residential Equivalent Connection (REC) means the measure of annual water usage expressed in terms of the amount of water used by a typical single-family residence, which shall be deemed to be 72,000 gallons per year.
Sec. 98-84. Purpose.
The purpose of this ordinance is to promote the public health, safety and general welfare of the community and to facilitate the adequate provision for regional water utility system facilities by imposing impact fees upon developers to pay for the capital costs that are necessary to accommodate land development.
Sec. 98-85. Authority.
This ordinance is authorized under ยง66.0617, Wis. Stats. The provisions of this ordinance shall not be construed to limit the power of the City to adopt such ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this ordinance.
Sec. 98-86. Imposition of impact fees.
(a) Impact fees are hereby imposed on all developments and land divisions within the City of Racine.
(b) For all development, impact fees shall be due in full within fourteen (14) days of the issuance of a building or plumbing permit.
(c) The effective date of a building permit is the date on which all impact fees imposed under this Chapter are paid in full and unless all impact fees are paid in full within 14 days after issuance as required by ยง66.0617 (6) (g), Wis. Stats., said building permit shall expire 15 days after issuance.
Sec. 98-87. Residential equivalent connection tables.
The following tables shall be used to determine RECs to be used from the city water system:
(1) Residential Users.
Residential Users |
REC |
Condominium |
0.75/unit |
Single-family home |
1.00 |
Duplex |
1.50 |
Multiple-family |
0.75/unit |
(2) Nonresidential users.
SIC Code |
Description |
Gallons per Employee Hour |
0742 |
Veterinary services for animal specialties |
20.0 |
0752 |
Animal specialty services |
16.0 |
0782 |
Lawn and garden services |
10.0 |
1446 |
Industrial sand |
5.0 |
1521 |
General contractors--Residential |
2.3 |
1541 |
General contractors--Industrial buildings and warehouses |
2.3 |
1611 |
General contractors--Public works |
2.3 |
1711 |
Plumbing, heating and air conditioning |
2.3 |
1731 |
Electrical work |
2.3 |
1761 |
Roofing and sheet metal work |
2.3 |
1799 |
Special trade contractors, N.E.C. |
2.3 |
2013 |
Sausage and other prepared meats |
110.0 |
2065 |
Candy and other confectionery products |
50.0 |
2087 |
Flavoring extracts and syrups, N.E.C. |
75.0 |
2394 |
Canvas and related products |
2.3 |
2431 |
Millwork |
5.0 |
2434 |
Wood kitchen cabinets |
5.0 |
2522 |
Metal office furniture |
2.3 |
2721 |
Periodicals: Publishing and printing |
10.0 |
2731 |
Books: Publishing and printing |
10.0 |
2751 |
Commercial printing, letterpress and screen |
10.0 |
2752 |
Commercial printing, lithographic |
10.0 |
2789 |
Book binding and related work |
10.0 |
2795 |
Lithographic platemaking and related services |
25.0 |
2819 |
Industrial inorganic chemicals, N.E.C. |
10.0 |
2834 |
Pharmaceutical preparation |
10.0 |
2841 |
Soap and other detergents |
15.0 |
2893 |
Manufacturing of printing ink |
30.0 |
2899 |
Chemicals and chemical preparations, N.E.C. |
10.0 |
3079 |
Miscellaneous plastic products |
85.0 |
3111 |
Leather tanning and finishing |
345.0 |
3272 |
Concrete products, except block and brick |
25.0 |
3442 |
Metal doors, sash, frames, molding and trim |
2.3 |
3444 |
Sheet metal work |
40.0 |
3451 |
Screw machine products |
10.0 |
3462 |
Iron and steel forging |
5.0 |
3469 |
Metal stampings, N.E.C. |
5.0 |
3471 |
Electroplating, plating, polishing, anodizing, etc. |
50.0 |
3479 |
Coating, engraving and allied services, N.E.C. |
100.0 |
3495 |
Wire springs |
2.3 |
3498 |
Fabricated pipe and fittings |
2.3 |
3499 |
Fabricated metal products, N.E.C. |
25.0 |
3531 |
Construction machinery and equipment |
5.0 |
3544 |
Spec. dies and tools, die sets, jigs and fixtures, molds |
10.0 |
3562 |
Ball and roller bearings |
5.0 |
3565 |
Industrial patterns |
5.0 |
3569 |
General industrial machinery and equipment, N.E.C. |
4.0 |
3576 |
Scales and balances, except laboratory |
2.3 |
3599 |
Machinery, except electrical, N.E.C. |
10.0 |
3613 |
Switchgear and switchboard apparatus |
5.0 |
3632 |
Household refrigerators and home and farm freezers |
2.3 |
3694 |
Electrical equipment for internal combustion engines |
2.3 |
3714 |
Motor vehicle parts and accessories |
75.0 |
3999 |
Manufacturing industries, N.E.C. |
2.3 |
4141 |
Local passenger transportation charter service |
2.3 |
4151 |
School buses |
2.3 |
4212 |
Local trucking without storage |
10.0 |
4213 |
Trucking, except local |
2.3 |
4225 |
General warehousing and storage |
2.3 |
4311 |
U.S. Postal Service |
2.3 |
4722 |
Travel agency |
2.3 |
4811 |
Telephone communication |
2.3 |
4832 |
Radio broadcasting |
2.3 |
5042 |
Toys and hobby goods and supplies |
2.3 |
5063 |
Electrical apparatus and equipment |
2.3 |
5054 |
Electrical appliances |
2.3 |
5072 |
Hardware--Wholesale distribution |
2.3 |
5082 |
Construction and mining machinery and equipment |
2.3 |
5084 |
Industrial machinery and equipment |
2.3 |
5142 |
Frozen foods |
10.0 |
5149 |
Wholesale groceries and related products, N.E.C. |
10.0 |
5199 |
Wholesale nondurable goods, N.E.C. |
10.0 |
5211 |
Lumber and other building materials dealers |
2.3 |
5231 |
Paint, glass, wallpaper |
2.3 |
5251 |
Hardware--Retail sales |
2.3 |
5261 |
Retail nurseries, lawn and garden supply stores |
10.0 |
5271 |
Mobile home dealers |
2.3 |
5311 |
Department stores |
2.3 |
5331 |
Variety stores |
2.3 |
5411 |
Grocery stores with meat and produce departments |
16.0 |
5412 |
Grocery stores without meat and produce departments |
6.0 |
5441 |
Candy, nut and confectionery stores |
10.0 |
5462 |
Retail bakeries--Baking and selling |
10.0 |
5499 |
Miscellaneous food stores |
2.3 |
5511 |
Motor vehicle dealers |
5.0 |
5531 |
Auto and home supply stores |
2.3 |
5541 |
Gasoline service stations |
15.0 |
5551 |
Boat dealers |
5.0 |
5611 |
Clothing stores |
2.3 |
5651 |
Shoe stores |
2.3 |
5681 |
Furriers and fur shops |
5.0 |
5711 |
Furniture, floor coverings, appliances |
2.3 |
5812 |
Eating places (restaurants) |
20.0 |
5813 |
Drinking places (taverns) |
45.0 |
5912 |
Drugstores and proprietary stores |
2.3 |
5921 |
Liquor stores |
2.3 |
5931 |
Used merchandise stores |
2.3 |
5941 |
Sporting goods stores and bicycle shops |
2.3 |
5942-9 |
Miscellaneous stores |
2.3 |
5992 |
Florists |
10.0 |
5999 |
All other retail stores |
2.3 |
6022-59 |
Banks |
2.3 |
6122-63 |
Savings and loans |
2.3 |
6311 |
Insurance companies |
2.3 |
6411 |
Insurance agents |
2.3 |
6512 |
Operators of nonresidential buildings |
2.3 |
6515 |
Operators of residential mobile home sites |
2.3 |
6531 |
Real estate agents and managers |
2.3 |
6553 |
Cemetery subdividers and developers |
2.3 |
6722 |
Management investment offices |
2.3 |
7011 |
Hotels, motels, tourist courts |
0.5 REC/Unit |
7211 |
Power laundries, family and commercial |
105.0 |
7212 |
Cleaning and laundry pickup stations |
2.3 |
7215 |
Fac. coin-op laundries and dry cleaning |
910.0 |
7221 |
Photographic studios |
2.3 |
7231 |
Beauty shops |
16.0 |
7241 |
Barber shops |
10.0 |
7261 |
Funeral service and crematories |
15.0 |
7299 |
Miscellaneous services, N.E.C. |
2.3 |
7311 |
Advertising agencies, employment services |
2.3 |
7332 |
Blueprinting and photocopying services |
2.3 |
7351 |
Employment agencies |
2.3 |
7391 |
Research and development laboratories |
10.0 |
7395 |
Photo finishing labs |
10.0 |
7512 |
Passenger car rental and leasing, w/o drivers |
10.0 |
7531 |
Top and body repair shop |
5.0 |
7534 |
Tire retreading and repair shops |
20.0 |
7538 |
General automotive repair shops |
5.0 |
7542 |
Car washes |
115.0 |
7622 |
Radio and television repair |
2.3 |
7699 |
Repair shops and related services, N.E.C. |
2.3 |
7832 |
Motion picture theaters, not drive-ins |
20.0 |
7911 |
Dance halls, studios and schools |
20.0 |
7922 |
Theatrical producers |
20.0 |
7933 |
Bowling alleys |
50.0 |
7992 |
Public golf courses |
45.0 |
7997 |
Membership sports and recreation clubs |
75.0 |
7999 |
Roller rinks, gymnasiums, museums |
20.0 |
8011 |
Offices of physicians |
10.0 |
8021 |
Offices of dentists |
10.0 |
8031 |
Offices of osteopaths |
10.0 |
8041 |
Offices of chiropractors |
10.0 |
8051 |
Skilled nursing care facilities |
20.0 |
8091 |
Health and allied services, N.E.C. |
10.0 |
8111 |
Attorneys |
2.3 |
8211 |
Elementary and secondary schools |
20.0 |
8221 |
Colleges, universities and professional schools |
25.0 |
8231 |
Libraries and information centers |
20.0 |
8249 |
Vocational schools, N.E.C. |
20.0 |
8421 |
Arboreta, botanical and zoological gardens |
45.0 |
8621 |
Professional membership organizations |
2.3 |
8641 |
Civic, social and fraternal associations |
15.0 |
8661 |
Religious organizations (hours occupied only) |
20.0 |
8699 |
Membership organizations, N.E.C. |
2.3 |
38911 |
Engineering, architectural and surveying services |
2.3 |
8931 |
Accountants |
2.3 |
9199 |
General government, N.E.C. |
2.3 |
38911 |
Engineering, architectural and surveying services |
2.3 |
8931 |
Accountants |
2.3 |
9199 |
General government, N.E.C. |
2.3 |
9221 |
Police protection |
2.3 |
9224 |
Fire protection |
2.3 |
9451 |
Administration of veteran's affairs |
2.3 |
9999 |
All offices, N.E.C. |
2.3 |
Sec. 98-88. Impact Fee.
(a) Established. Except as otherwise provided, a impact fee is hereby established for each new service connection to the city water supply system and for each change of use or for the addition of a new use or for a new or expanded building on a lot or parcel already connected to the city water system at the time of application. The impact fee shall not apply to the Village of Elmwood Park, the Village of North Bay or the Town of Somers if they fail to enter into a retail water service agreement that is substantially similar to the agreement between the city and the Village of Mt. Pleasant and the city and the Village of Sturtevant.
(b) Amount. The impact fee is established at $3,143.00 per REC. The amount of the impact fee shall be adjusted annually as of February 1 of each year by the percentage change in the annual average (20-city prices) Construction Cost Index (as published by the Engineering News Record).
a. For all residential users of the water supply system, the table set forth in section 98-87 shall be used to determine the number of RECs per dwelling unit or building.
b. For all nonresidential users of the water supply system, the impact fee shall be calculated as follows:
i. The municipality shall obtain and, if extraterritorial, provide to the city reliable information from each applicant for a connection to the Racine water system, before approving the connection, relating to the specific proposed use(s) of the property, in terms of SIC codes, if applicable, and the maximum employee hours for a peak day of operations.
ii. Based on the information provided, the city shall calculate the number of RECs for that property/development using the method set forth in section 98-87 and shall be calculate and impose an impact fee in accordance with subsection (b). All REC calculations for an account shall be rounded up to the nearest whole REC. A minimum fee based upon one REC shall apply to all nonresidential connections.
iii. Since the impact fee determined under subsections i. and ii. above is based upon the estimated intended usage, the City shall have the right to recalculate the charge based upon actual usage for a 12-month period. At any time between the first and third anniversary dates of establishment of the nonresidential water service account, the City may review the account history to determine the highest actual recorded usage in a 12-month period.
iv. Based upon the information obtained under subsection ii, the City may recalculate the impact fee. If the recalculated charge exceeds that of the amount paid for the original charge, the additional amount shall become due and payable at the time the adjustment is made.
c. Such fees collected by the City shall be placed in a special fund which shall be separate from the general fund of the City, and the special fund and all interest earned thereon shall be used exclusively for the particular capital costs for which the fee was imposed.
d. Such fees shall be expended by the City for the aforesaid purpose within 7 years of the date of payment, or such fee amount paid along with any interest that has accumulated shall be refunded by the City to the current owner(s) of the property with respect to which such fee was imposed.
Sec. 98-89. Fee Reduction.
Any impact fee imposed under this section shall be reduced to compensate for capital costs otherwise imposed by the City, upon the land development subject to this section, for the same public facilities for which an impact fee has been imposed under this section, including by way of special assessments, special charges, land dedications, or any ordinance adopted thereunder or any other items of value. Impact fees imposed under this section shall also be reduced to compensate for moneys received from the federal or state government specifically to provide or pay for the public facilities for which the impact fees under this section are imposed.
Sec. 98-90. Exemption From Fees.
(a) The lawful new construction of a single-family dwelling structure upon a nondivisible parcel of land supporting or having supported a habitable single-family dwelling structure razed or to be razed within one year of the date of the issuance of a building permit for the new construction as part of the new construction project shall be exempt from the fees imposed under this chapter. Any new construction of a single-family dwelling structure upon a single parcel of land involving the demolition of a preexisting residential structure upon such single parcel of land, which project is similar to but not exactly as described above to be exempt, may be found to be exempt upon application to the Common Council and a finding by the Common Council that such project does not bear a rational relationship to the need for new, expanded or improved public facilities required to serve such development. Such application shall be made to the Common Council prior to the payment of any fees under this section.
(b) No impact fee shall be due from the Village of Mt. Pleasant with respect to the connection to the city water system of a lot or parcel within 12 months after the effective date of the 2004 Intergovernmental Retail Water Service Agreement Between the City of Racine (through the city water utility) and the Village of Mt. Pleasant if such lot or parcel was developed with a principal building prior to such effective date, and if the water main to which such lot or parcel is connected was existent prior to such effective date and if the connection is made in compliance with the requirements of Section 13 of such agreement. No impact fee shall be due from the city during the 12 months after the effective date of such agreement.
Sec. 98-91. Administration and Review.
The revenue and expenditure totals for each impact fee will be included in the City's annual budget, and a summary of the revenue and expenditure totals for each impact fee must also be made available in the City's annual budget summary required under Wisconsin State Statute ยง65.90 (3) (a).
Sec. 98-102. Appeal.
Any developer upon whom an impact fee is imposed under this section shall have the right to contest the amount, collection or use of the impact fee to the Common Council, provided that the developer files a written notice of appeal in the City Clerk's office within 15 days of the developer's filing of an application for a building permit upon which the impact fee is imposed. Such notice of appeal shall be entitled "Notice of Appeal of Impact Fee" and shall state the developer'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 developer of the time, date and place of such meeting, in writing, by regular mail, deposited in the mail no later than at least three 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."
Part 2:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council:
__________________________
Approved: ______________
__________________________
Mayor
Attest:
__________________________
City Clerk
Fiscal Note: N/A