NO. 39

TOWN OF GREENVILLE WATER IMPACT FEE ORDINANCE
AN ORDINANCE ESTABLISHING IMPACT FEES FOR WATER USE IN THE
TOWN OF GREENVILLE, OUTAGAMIE COUNTY, WISCONSIN

1.01     General Provisions

(1)      Authority.  This ordinance is established pursuant to the provisions of Section 66.0617 Wisconsin Statutes (the "Statute").

(2)     Purpose.  The purpose of this ordinance is to provide for the fair and equitable recovery of costs associated with providing water facilities for future growth in the Town.

(3)      Severability.  It is hereby declared to be the legislative intent that should any provision or part of this ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this ordinance in its entirety or any part thereof, other than that so declared to be invalid.

(1)        For the purposes of this ordinance all terms other than the Statute (defined in Section 1.01) shall have the meanings assigned in the Greenville Sanitary District Ordinance as amended on January 13, 2003, unless otherwise defined below.

(2)        The following terms shall have the meaning assigned in the Statute:

a. Capital Cost
b. Development
c. Impact Fees
d. Land Development
e. Political Subdivision
f.  Public Facilities
g. Service Area
h. Service Standard

(3)     "Town" shall mean the Town of Greenville, Outagamie County, Wisconsin.

(4)     "Sanitary District" shall mean the Greenville Sanitary District No. 1, which provides water and sewer service within portions of the Town.

(5)     The word "shall" is mandatory and the word "may" is permissive.

2.01     Impact Fees

(1)     The Town shall collect Impact Fees on all new construction within the Sanitary District prior to issuance of a building permit by the Town.

(2)     The Town shall forward all Impact Fees to the Sanitary District for the exclusive use by the Sanitary District to pay the Capital Costs associated with Land Development.

(3)     The amount of the Impact Fee shall be as provided in the Greenville Sanitary District Ordinance as amended on January 13, 2003 and shall meet the standards for impact fees under the Statute.

(4)     The Town shall refund any impact fees to the current owner of the property with respect to which impact fees were imposed if not used by the Sanitary District to pay the Capital costs associated with Land Development within a time period ending no later than 2040.

2.02     Appeal

(1)     Any Developer may contest the amount, collection or use of the Impact Fee, provided that such appeal shall be made in writing to the Town Clerk, specifying the specific aspect being contested.

(2)     The Town Board shall act as the body to decide appeals under this section, provided that it may refer such appeal to the Commission of the Sanitary District on an advisory basis.