Description

The cost of running a municipality is supposed to be paid primarily through real estate

taxes. Suddenly we are seeing municipalities starting to create many additional “special

charges,” including transportation fees, emergency services fees, and “good neighbor”

fees, either for services formerly included in taxes, or as a condition of approvals of

development. Can they charge these fees? How do these special charges relate to the

levy limits established by the Wisconsin Legislature? Do they violate the Impact Fee Law?

Issues include:

• The Wisconsin Impact Fee Law, created in 1993, defines “impact fees" as “cash

contributions, contributions of land or interests in land or any other items of value

that are imposed on a developer by a municipality under this section,” meaning as

a condition for development. The Impact Fee Law requires that the municipality

study the need for the fee, apportion it equitably over the developments that cause

the need for the fee, keep it in an escrow account, spend it only for that purpose,

and reimburse any unused funds to the donor developer.

• The Levy Limits imposed by the Wisconsin Legislature, tightly control how taxes

can be increased in a municipality to pay for operational costs, causing

municipalities to seek other means of covering escalating costs.

• A number of municipalities have instituted new “special charges” either billed as

“special use fees” to property for ongoing costs, or charged as a condition of

approval of development, without following the Impact Fee Law.

• Lawsuits have already been filed against municipalities to challenge these fees,

and the application of these special charges to particular users, which are likely to

be long and expensive arguments.

• How can the property owner and developer’s needs and rights for predictable

costs, to be balanced against a municipality’s need to balance its budget.