CCR1992123COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #123-92
RESOLUTION APPROVING THE CONCEPT OF A SCHOOL IMPACT FEE
WHEREAS, an impact fee is being reviewed by the School Study
Committee; and
WHEREAS, the attached ordinance is recommended.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby support the concept of the attached
ordinance and recommends that the City of Muskego enter into
Section 66.30, Wisconsin Statutes, agreement between the
Muskego/Norway School District, the Town of Norway, and the City
of Muskego.
DATED THIS l2TH DAY OF MAY , 1992.
SPONSORED BY:
Wayne G. Salentine, Mayor
This is to certify that this is a true and accurate copy of
Resolution #123-92 which was adopted by the Common Council of
the City of Muskego.
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ORDINANCE NO.
The Common Council of the City of Muskego do ordain as
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The Zoning Ordinance of the City of Muskego is hereby
amended to add the following Section 6.
SECTION 6. - SCHOOL IMPACT FEE
(1) Payment. No building permit shall be issued for the
construction of any proposed building containing one or more
dwelling unita, or for the construction of any proposed building
addition or modification that will result either in one or more
additional dwelling units within an existing building or one or
8 more additional bedrooms within an existing dwelling unit, until
after the school impact fee provided for in this eection has been
paid to the City Treasurer; provided, however, that no euch fee
shell be required with respect to any one-bedroom dwelling unit
01: any dwelling unit that is legally restricted to use by the
elderly; and further provided that appropriate credit shall be ~
given for any school impact fee previously paid with respect to a
dwelling unit to which one OK more additional bedrooms are
proposed to be added.
(2) Amount. Except as provided in subsection (1) above,
the amount of the school impact fee to be paid with respect to
each dwelling unit shall be determined in accordance with the
following echedule:
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(a) one bedroom -- $0;
(b) two bedrooms -- $750; -
(c) three or more bedrooms -- $1,000.
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For purposes of this section, "bedroom" is defined as any room
other than a living room, dining room, kitchen or bathroom,
exclusive of unfinished basement or attic space, regardless of
the description or proposed use of such room.
(3) Administrati.on, Use and Refund of Fees.
(a) Deposit and Investment. School impact fees shall
be deposited and maintained in a segregated special account;
provided, however, that if such fees are disbursed to the
appropriate school district on the day of receipt, they need not
be so deposited.by the City Treasurer. Such fees may be invested
in accordance with applicable law, as amended from time to time.
(b) Disbursement. At any time after receipt of school
impact fees by the City Treasurer, such fees may be disbursed to
the school district within whose boundaries the building with
respect to which the impact fee was paid was proposed to be
constructed, provided that the City has first entered into an
intergovernmental cooperative agreement with such school district
regarding the administration, use and/or refund or such fees.
Whenever school impact fees are disbursed by the City to a school
district, the following detailed information regarding each
individual 6chool impact fee so disbursed shall simultaneously be
provided to that school district in writing: the amount of the
foe, the date of paymant o€ the fee to the City, the name and
address of the owner of the parcel. of land ox lot on which the
building with respect to which the fee was paid was proposed to
be con,atructed, the type and street address (if available) of
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such building, and the legal description and tax key number of
such parcel or Lot.
(e) g. Except a6 is otherwise provided in this
subparagraph, school impact fees shall only be used for the
acquisition, conetruction or installation of new or expanded
school sites, new or expanded school buildings, new school
equipment or other new school-related capital objects, which are
requlred to sene the school-related needs of residential
development occurring in the City after the effective date of
this section, or to pay debt service directly related to the
acquisition, construction or installation of any such sites,
buildings, equipment or other capital objects. (For purposes of
this sec.tion, "capital objects" is defined in the same way it is
defined in the Wisconsin Elementary and Secondary School
Accounting System Handbook, prepared by the Wisconsin Department
of Public Instruction and published in 1991, as amended from time
to time.) [Notwithstanding the foregoing limitation, school
impact fees may be used to pay debt service directly related to
the acquiei on of the exieting
school facil e maximum amount
designated il hereby finds have
been provid ict to serve the
school-relat ent 'occurring in the
City after the effective date of thi6 section:
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As a furthar limitation on the use of school impact fees, any
6u.ch. particular fee shall be used only for school sites,
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buildings, equipment or other school-related capital objects
which would be usable by or benefit children of the appropriate
age who might reaide in the proposed building with respect to
which such fee was paid.
(d) Refund. If any particular school impact fee paid
hereunder is not used for the purposes specifiod herein within
ten (10) years after the date of payment, it shall be refunded to
the then Owner of record (or if there is more than one Owner of
record, then to the owners of record, as their interest6 my
appear) of the parcel of land or lot on which the proposed
building with respect to which the lmpact fee waa paid waa to be
constructed, together with any interest earned thereon, lees any
reasonable costs of administration associated with such fee.
(a) CooDerative Aqreement. Any intergovernmental
cooperative agreement entered into by and between the City and a
school diatrict.regarding school impact fees shall contain,
without limitation, appropriate provisions to assure compliance
by the school district with the restrictions of this section
regarding the administration., use and/or refund of such fees and
a provision requiring the school district to vigorously defend
a.ny court action challenging the exaction, administration, use or
refu.nd of any school. impact fees received by it from the City.
(4) Severability. The provisions of this Ordinance shall.
be severable.
(5) Effective Date. This ordinance shall become effective
upon. the last to occur of the following cven.ts: (a) the pa66age
of two (2) weeks nf.ter publication of this Ordinance according to
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law, following ita adoption by the Common Council, and (b) the
adoption and effectuation according to law of a countergart
ordinance by the Town of Norway.
Adopted this day of , 1992.
Wayne G. Salentfne, Mayor
Attest:
Jean K. Marenda, Clerk
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