PUBLIC HEARING
Amendment to Land Division and Development Ordinance and
Proposed Ordinance 07-01 to Impose Impact Fees on Development to Pay
For the Capital Costs that are Necessary to
For Parks, Playgrounds and Land for Athletic Fields
JULY 9, 2007
Leair called the public hearing to order at 7:00 p.m., present were Supervisors Carlson, Schmittinger and Reid; Morris was absent. Also present were Administrator Herrmann and Clerk Whitmore. Leair read the notice for the public hearing. Herrmann told the Board and those present that Ruekert and Mielke had done a study on the proposed and projected costs at the parks. The Board has reviewed the study and had made the proposed amendments to the ordinances based on that study. The new fees would be - $759.00 for each three (3) or more bedroom dwelling or single-family home; $506.00 for each two (2) bedroom dwelling and $309.00 for each studio or one (1) bedroom unit approved in 2007, the fee would changed based on the consumer price index each year.
Leair opened the hearing to the public asking if there were any questions.
Ron Hill, S37 W28615 Quail Run – Park Board Chairman. Hill asked where the funds that are collected for, and what the Park Board has to do to use the funds. Discussion, Hill was told he should work with the Board on requests for use of the funds.
There were no further questions; Leair brought the discussion back to the table.
Schmittinger questioned if we are required to spend the funds on parks or could we use it towards the fire department? Herrmann said we would need to enact a new impact fee for the fire department that a new ordinance would be required and an amendment to the Land Division ordinance would also be needed. Reid asked if the impact fees are widely used. Herrmann said he would have to do some research on that question. Schmittinger said he felt the new development would have more impact on the fire department than the parks.
There were no further questions; Leair closed the public hearing at 7:12 p.m.
JULY 9, 2007
Leair called the meeting to order at 7:12 p.m.
Discussion/action
– Minutes to be approved –
Carlson made motion to approve the minutes of the Liquor License Hearing and Regular Town Board Meeting of 6-11-07, Schmittinger seconded, motion carried unanimously.
Carlson made motion to approve the minutes of 6-25-07, Reid seconded, motion carried unanimously.
Schmittinger made motion to approve, Carlson seconded, motion carried unanimously.
Monthly report
from Wales-Genesee Fire Chief Greg Jezak
Whitmore told the Board Jezak would not be present this evening, he had surgery on his hand Friday.
Discussion/action
– Final Plat Kettle Ridge Farms, Highway 83 – Kettle View LLC
Leair reported the Plan Commission recommended approval of this plat subject to the conditions of the Planner dated 6-18-07. Kurt Andrae was present to discuss the final plat; he stated the plat has no improvement changes from the preliminary plat. The development did go from 9 to 8 lots, after the DOT had issued an approval letter; their design team for highway 83 felt they needed more right-of-way along highway 83. Herrmann pointed out on the map the area that was lost to the right of way. The development did receive a no objection letter from the DOT last week, discussion.
Carlson made motion to approve the final plat for Kettle Ridge Farms subject to the conditions of the Planner in a memo dated 6-18-07, Schmittinger seconded, motion carried unanimously.
Memorandum
To: Town
of
From: Jeffrey C. Herrmann, Town Planner
Date: 06/18/07
Re: Kettle Ridge Farms – Final
Plat
On August 28, 2006, the Town of
lots ranged in size from 5.49 acres to 33.04
acres. This final plat is for the
division of
Outlot 1, which is a total of 46.01 acres. It was anticipated that this lot would be
further divided upon the sale of the lot.
The developer is now seeking approval of a final plat known as “Kettle
Ridge Farms”, which is an 8-lot subdivision with seven (7) Outlots. A new public road improvement is proposed,
resulting in a new access onto
Soil test locations were included on the face of the preliminary
plat, and the soil test data was submitted with the preliminary plat. Based on the soil data, it is evident that
the site contains a seasonal high ground water level. Many of the sites will contain mound or A+4
septic systems. In addition, the home
sites will require some fill in order to construct homes with basements. It is strongly recommended that the Town of
Due to the seasonal high groundwater conditions and potential drainage problems, it is felt that the Town Engineer shall concur with the final storm water analysis, prior to the Town signing the final plat. Although the proposed request is in compliance with the Waukesha County Development Plan and the Town of Genesee Zoning Map, to approve the final plat prior to addressing the grading, erosion control and stormwater management plans may result in severe drainage problems and/or major modifications to the final plat, which may result in the requirement of a new plat submittal. The proposed grading and drainage plan should be reviewed by the Town Engineer.
This submittal is a final plat, which gives the Town Plan
Commission 45 days and the Town Board 60 days to take action. The final plat was filed with
The Town Planner advises that the Town of
1.
Subject to the developer satisfying all comments, conditions and
concerns of the Town Engineer, the Town Planner
and all reviewing, objecting and approving bodies, including but not limited to
the State of Wisconsin Department of Commerce per ch. 236, Wisconsin Statutes
and ch. Comm. 85, Wisconsin Administrative Code; State of Wisconsin Department
of Administration per ch. 236, Wisconsin Statutes; The Waukesha County
Department of Public Works; The Waukesha County Department of Parks and Land Use and the Village of North
Prairie in regard to the final plat, prior to commencing construction of
any improvement, whether public or private, or site development or approval of
the final plat, whichever is earlier.
2.
Subject to the Developer submitting to the Town Clerk and receiving
approval as to form from the Town Attorney and as to amount from the Town
Engineer, the final letter of credit or cash and subject to the Developer
submitting to and receiving from the Town Attorney, Town Planner and the Town
Engineer, approval of the final Developer’s Agreement for the improvements
(including all public, private and site development improvements), prior to
commencing construction of any improvement, whether public or private, or site
development or approval of the final plat, whichever is earlier.
3.
Subject to the Developer submitting to and receiving from the Town
Planner, Town Attorney and the Town Engineer, approval of the final draft of
the deed restrictions, prior to commencing construction of any improvement,
whether public or private, or site development or approval of the final plat,
whichever is earlier.
4.
Subject to the Developer applying for and receiving from the Plan
Commission for the Town of Genesee, the Town Board for the Town of Genesee, and
Waukesha County all necessary variances or waivers (if any) to the Waukesha
County Zoning Code, the Waukesha County Shoreland and Floodland Protection
Ordinance, and the Town of Genesee Land Division and Development Ordinance,
prior to commencing construction of any improvement, whether public or private,
or site development or approval of the final plat, whichever is earlier.
5.
Subject to, prior to the Town signing the final plat, all other
required signatures must be inscribed on the final plat.
6.
Subject to the Developer submitting the plat to the
7.
Notes shall be placed on the final plat indicating the dates and
sections of the ordinance waived by the Town of
8.
Any and all correspondence from the Wisconsin Department of Natural
Resources shall be submitted to the Town Clerk.
9.
All lots shall contain adequate private onsite waste disposal systems
on the individual lot itself. No septic
systems shall be allowed by easement onto another lot or on the Outlots.
10. Two (2) septic fields are
located within the 30 foot planting strip.
The Town Plan Commission and Town Board shall make a determination if
this is acceptable.
11. Under Trans 233 restrictions
“Vision Corner Restriction” the “30 inches in height” shall be changed to “24
inches in height”.
12. Under Notes, the statement
regarding “Outlots 1 & 2 are proposed for S.T.H. 83 widening”, shall be
changed to “Outlots 1 & 2 to be dedicated to the State of
purposes”.
13.
Building envelopes are shown on the final plat. The following statement shall be added under
notes, “No buildings/structures shall be constructed outside a building
envelope without the written approval from the Town of
14. The final plat shows a “10 foot Drainage Easement and a 25 foot access easement for maintenance of Outlots 5 & 6” between Lots 4 and 5. However, the Storm Water Management Plans show a “20 foot drainage and access easement” between Lots 4 and 5.
15.
The Storm Water Management Plans show the cul-de-sac as
“
16. Any and all waivers reviewed and approved by the Town Plan Commission shall be noted on the final plat. The language of all notes shall be reviewed and approved by the Town Planner.
17. All necessary easements shall be shown for the landscaping, signage and entrance plan approved by the Town Plan Commission.
18.
The
19. The Town of
20. There may be additional technical errors and
corrections that will need to be fixed, changed or modified when a revised
final plat is submitted.
21. The signature and reference
to the Town Clerk shall be removed from the final plat. The Town
Clerk will sign the final plat under the Town Board signature block.
22. A note shall be added to the final plat stating no
commercial or business use of any lot shall be allowed unless it specifically
complies with the rules and regulations of the Waukesha County Zoning Code.
23. A note shall be added to the final plat indicating
that a detailed grading and drainage plan for each individual lot shall be
provided to the Town Engineer for review and approval. The grading plan shall include the elevations
of top of footing, first floor and garage.
Soil borings may be required at the home site depending on the depth of
the basement. Any expenses incurred by
the Town of
24. A copy of the final (approved) erosion control and
stormwater management plan shall be on file with the Town of
25. A note shall be placed on the face of the final CSM
stating, “The lot shall not be further divided absent the express written
approval of the Town Board of the Town of
26. or outlots shall be created absent the express written
approval of the Town Board of the Town of
27. The State Department of
Administration, the
28. Professional fees. Petitioner shall, on demand, reimburse the
Town for all costs and expenses of any type that the Town incurs in connection
with this development, including the cost of professional services incurred by
the Town (including engineering, legal, planning and other consulting fees) for
the review and preparation of required documents or attendance at meetings or
other related professional services for this application, as well as to enforce
the conditions in this conditional approval due to a violation of these
conditions.
29. Payment of Charges. Any unpaid bills owed to the Town by the
Subject Property Owner or his or her tenants, operators or occupants, for
reimbursement of professional fees (as described above); or for personal
property taxes; or for real property taxes; or for licenses, permit fees or any
other fees owed to the Town; shall be placed upon the tax roll for the Subject
Property if not paid within thirty (30) days of the billing by the Town,
pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of
the requirements of this conditional approval that is subject to all remedies
available to the Town, including possible cause for termination of the
conditional approval.
cc: Town of
Town of
Waukesha County Department of Parks and Land Use
National Survey & Engineering
Thomas McAdams
Kurt Andrae
Discussion/action
– Certified Survey Map – W33- S4971 Highway “C – William Cantwell
Leair stated the Plan Commission did recommend approval at the June 25th Plan Commission meeting subject to the conditions of the Town Planner in a memo of 6-18-07.
Herrmann told the Board the lot had changed from the conceptual plan to serve the entire parcel when it is developed, showing a conceptual plan for the entire parcel and explaining the future lots will have access only to Road “GE”. Access is being worked on with Town Engineer Bob Gassert.
Carlson made motion to approve the certified survey for William Cantwell subject to the conditions of the Planner dated 6-18-07, Schmittinger seconded, motion carried unanimously.
CERTIFIED SURVEY MAP
PROJECT NAME: Cantwell
CSM
DATE: June
18, 2007
OWNER: William B. Cantwell
W330 S4971 C.T.H. E
TAX KEY NO.: GNT 1557.998
LOCATION: Being a part of the NE ¼ of Section 30, Town
of
ZONING
CLASSIFICATION: A-2 Rural
Home District.
REQUESTED USES: Creation of a one (1) lot Certified Survey Map (CSM).
COMPLIANCE WITH THE
The recommended Land Use
Plan for the Town of Genesee, as noted in the Waukesha County Development Plan
identifies this property in the Rural Density Residential, Agricultural and
Other Open Lands category (5.0 acres of lot area per dwelling unit); However, Waukesha County has indicated that
the existing overall zoning for the Town of Genesee complies with the one (1)
unit per five (5) acre requirement; therefore as long as the proposed density
is consistent with existing zoning, then the proposed development complies with
the intent of the Waukesha County Development Plan.
STAFF ANALYSIS:
In March the petitioner
submitted a concept plan for review by the Town of
On June 4, 2007, the
petitioner submitted a Certified Survey Map (CSM) for the creation of a one (1)
Lot CSM. The proposed lot is anticipated
to be for a family member. Future access
to the remaining parcel was a big concern of the Town that the petitioner is
aware of and has tried to address that concern in an overall revised concept
plan. The proposed lot size is
approximately 3.39 acres. The
In performing a detailed
review of the CSM dated June 1, 2007, I have found the following items must be
added to the map or waived by the Town of
Section 5.02 (E) All utility and/or drainage easements shall be shown on the final CSM.
Section 6.06 Duplicate CSM to be Filed; An identical reproducible copy (on stable drafting film at least 4 mils thick) along with the recording data shall be placed on file with the Town Clerk.
Section 6.07 The Town Clerk or his/her designee shall place upon the reproducible copy of the final CSM the correct legal house number assigned to that lot in conformity with the grid system in effect in Waukesha County and any local ordinances. Any costs, fees and/or expenses incurred from assigning house number shall be at the expense of the developer.
PLANNER’S RECOMMENDATION:
Based on the above information, the Town Planner recommends that the Town Plan Commission recommend to the Town Board to approve the CSM subject to the aforementioned conditions being satisfied prior to Town signing the final CSM and subject to the following:
1.
Subject to the
developer satisfying all comments, conditions and concerns of the Town
Engineer, the Town Planner and all reviewing, objecting and approving bodies,
including but not limited to the State of Wisconsin Department of Commerce per
ch. 236, Wisconsin Statutes and ch. Comm. 85, Wisconsin Administrative Code;
State of Wisconsin Department of Administration per ch. 236, Wisconsin
Statutes; and the Village of North Prairie in regard to the CSM, prior
to the Town signing the final CSM.
2. There shall be no commercial or business use on the lot, except as specifically permitted pursuant to the applicable Zoning Code.
3.
Any and all waivers reviewed and approved by the Town
Plan Commission and Town Board shall be noted on the final CSM. The Town Planner shall approve the language
of the note. The Town Plan Commission
(03/26/07) and Town Board (04/09/07) approved a waiver from Section 2.06 (J) of
the Town of
4. All existing and proposed easements shall be shown.
5.
The Town Engineer shall review and approve the location
of the proposed driveway onto Town Hwy GE to ensure that it meets all site
distance requirements of the Town of
6.
The
7. Subject to the Developer satisfying all of the aforementioned conditions within one year of the Town Board granting conditional final CSM approval.
8. Professional fees. Petitioner shall, on demand, reimburse the Town for all costs and expenses of any type that the Town incurs in connection with this development, including the cost of professional services incurred by the Town (including engineering, legal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions in this conditional approval due to a violation of these conditions.
9. Payment of Charges. Any unpaid bills owed to the Town by the subject property owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; of for real property taxes; or for licenses, permit fees or any other fees owed to the Town; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of the billing by the Town, pursuant to
Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Town, including possible cause for termination of the conditional approval.
This submittal is a C.S.M., which gives the Town Plan Commission 45 days and the Town Board 60 days to take action. The Town received the CSM on June 4, 2007, giving the Town Plan Commission until July 19, 2007 and the Town Board until August 3, 2007 to take action, unless an extension is granted in writing by the developer.
Respectfully submitted
Jeffrey C. Herrmann, AICP
Town Administrator/Planner
cc: Town of
Town of
Waukesha County Department of Parks and Land Use
Jahnke & Jahnke Associates
William Cantwell
Discussion/action
– Request for Holding Tank Agreement – Timothy Ley,
Whitmore asked this be approved subject to approval of the size of tank by the County Health Department and payment of the bond. She had called the county questioning if the size of the tank
was correct and was told the tanks had to be at least 2,000 gallons. The calculation sheet shows the
tank as 1, 542, the county was going to contact the installer for more information, discussion. Carlson made motion to approve the holding tank agreement for Timothy Ley subject to the County approving the size of the tank and the bond amount be filled in on the agreement, Reid seconded, motion carried unanimously.
Discussion/action –
Request to install final lift of asphalt prior to any homes being constructed in
the Ridge at Genesee – Neumann Developments, Inc. – Bonnie Schaefer
Herrmann asked this be discussed either later in the meeting if Ms. Schaefer arrives or be tabled to next month.
Discussion – Use
permit for town parks’ athletic fields – Ron Hill
Hill explained
playing or practicing and tell our teams, too bad we were here first. We need something legal for the sheriff department to issue fines if needed, asking if an ordinance could be written. They would like to put up signs that say something like “Permit required – Preauthorization use required, subject to fines or prosecution” and an ordinance number. Then give our coaches laminated cards listing the dates on them. Discussion if signs alone would work.
Leair said the parks are open to everyone; she hates to say permit required. Hill stated he didn’t want to close the park to anyone, just something that will help our teams use our fields when they are scheduled to.
Herrmann suggested asking what other communities do. Hill agreed, saying he just wants to get the ball rolling and try to have something in place by next year.
Reid suggested something like – Pre-scheduled permitted teams have priority on all sports fields – further discussion.
Hill will discuss language with the Park Board also.
Discussion on
sample ordinance for parking on town roads
Herrmann gave the Board a preliminary draft of an ordinance and parking regulations for other areas, asking the Board to review them and tell him what they would like in an ordinance. Schmittinger suggested possibly using the size of the vehicles that can be parked on town roads. Herrmann will work on the ordinance based the discussions this evening.
Discussion/action –
Amendment to the Land Division & Development Ordinance section 7.09 Public Site
& Open Spaces (B) Proportionate Payment in Lieu of Dedication and
Ordinance 07-1 An Ordinance to Impost Impact Fees and Discussion/action – Ordinance 07-1 An
Ordinance to Impost Impact Fees
Leair stated as discussed at the pubic hearing the fees will
be changed to the recommendations
suggested in the study. Schmittinger made motion to approve the amendment to the Land Division Ordinance and Ordinance 07-1, Carlson seconded, motion carried unanimously.
STATE OF
ORDINANCE NO. 07-1
AN ORDINANCE TO IMPOSE IMPACT FEES ON DEVELOPERS
TO PAY FOR THE CAPITAL COSTS THAT ARE NECESSARY TO
ACCOMMODATE LAND DEVELOPMENT FOR PARKS,
PLAYGROUNDS AND LAND FOR ATHLETIC FIELDS
AND TO AMEND SECTION 7.09(B) OF THE LAND DIVISION AND DEVELOPMENT ORDINANCE IN THIS REGARD
WHEREAS, Wisconsin Statute Section 66.0617 authorizes a political subdivision, including the Town of Genesee, to enact an Ordinance that imposes impact fees on Developers to pay for the capital costs that are necessary to accommodate land development; and,
WHEREAS, the public facilities for which impact fees may be imposed include parks, playgrounds, and land for athletic fields pursuant to Wisconsin Statute Section 66.0617(1)(f); and
WHEREAS, after carefully considering this matter, and in order to reasonably determine the existing and future public facilities needs related to providing parks, playgrounds and land for athletic fields in the Town of Genesee, the Town of Genesee Town Board authorized the preparation of a public facilities needs assessment in this regard; and,
WHEREAS, the public facilities needs assessment was prepared in accordance with Wisconsin Statute Section 66.0617(4); and,
WHEREAS, said public facilities needs assessment was made available for public inspection and copying in the Office of the Town of Genesee Clerk at least twenty (20) days before a public hearing was held in this matter; and,
WHEREAS, Notice of Public Hearing regarding this matter was published as a Class 1 Notice under Chapter 985 Wisconsin Statutes, including specifying where a copy of the proposed Ordinance and the Public Facilities Needs Assessment could be obtained; and,
WHEREAS, the proposed impact fee is intended to revise existing provisions of the Town of Genesee Land Division and Development ordinance, and therefore as required by Wisconsin Statutes Section 236.45(4) Notice of Public Hearing was published as a Class 2 Notice under Chapter 985 Wisconsin Statutes; and
WHEREAS, as required by Wisconsin Statutes 236.45(4), this matter was properly referred to the Town Plan Commission, which has considered the matter and has recommended that the amendment to the Land Division and Development ordinance be adopted as described herein; and
WHEREAS, the Town Board of the Town of Genesee held a public hearing on the proposed Ordinance at the Town of Genesee Hall on July 9, 2007; and,
WHEREAS, the Town Board finds that the conclusions of the Public Facilities Needs Assessment and Impact Fee Study are reasonable and appropriate, with regard to the impact fees relevant to parks, playgrounds and land for athletic fields, and in particular the Town Board finds that the same:
a. bear a rational relationship to the need for new, expanded or improved public facilities that are required to serve future land development;
b. do
not exceed the proportionate share of the capital costs that are required to
serve future land development, as compared to existing uses of land within the
Town of
c. are based upon actual capital costs or reasonable estimates of capital costs for new, expanded or improved public facilities;
d. compensate, as necessary, for other capital costs proposed by the Town of Genesee with respect to land development to provide or pay for public facilities, including special assessments, special charges, land dedications or fees in lieu of land dedications under Chapter 236 or any other items of value;
e. compensate, as necessary, for monies received from the Federal or State Government specifically to provide or pay for public facilities for which the impact fees are imposed;
f. do not include amounts necessary to address existing deficiencies in public facilities;
g. shall be payable by the Developer or the property owner to the Town of Genesee in full within 14 days of the issuance of a building permit or within 14 days of the issuance of an occupancy permit; and
WHEREAS, the Town Board shall refund to the then-current owner of the property such fees as may be collected but which are not used seven (7) years from the date they were collected, to the then-current owner of the property, as required by statute, unless such time is extended pursuant to applicable laws; and,
WHEREAS, the Town Board finds that the appropriate planning period is 7 years, subject to the seven (7) year limit following the date of collection as noted above; and,
WHEREAS, the Town Board has determined that appeals made by a Developer, to contest the amount, collection or use of the impact fee shall be made as described herein, below.
NOW THEREFORE, The Town Board of the Town of
SECTION 1: Section 7 of the Town of Genesee Land Division and Development ordinance entitled "Design Standards," Subsection 7.09 entitled "Public Sites and Open Spaces," subsection
entittled
"Proportionate Payment in Lieu of Dedication" is hereby repealed and
recreated as follows:
(B)
Impact Fees for Parks,
Playgrounds and Land for Athletic Fields
1. ENACTMENT OF IMPACT FEE. If the Board determines that the dedication described in Subsection (A), above, is not feasible or compatible with development of the municipality, the owner shall, in lieu thereof, pay to the municipality an impact fee as described in this Subsection (B), to pay for the capital costs that are necessary to accommodate future land development with regard to parks, playgrounds and land for athletic fields.
2. FEE AMOUNT. The amount of the impact fee shall be as follows:
(a) Base impact fee amount.
Studio or one-bedroom dwelling unit $379.00
Two-bedroom dwelling unit $506.00
Three or more bedroom dwelling unit or single family home $759.00
$
(b) In order to account for future increases in construction costs and interest costs, and in order to ensure that the fees are equitably distributed between current and future Developers, the base impact fees described herein shall automatically adjust on an annual basis on January 1 of each year by the percentage increase or decrease in the United States Bureau of Labor Statistics Midwest Region All Items Consumer Price Index for All Urban Consumers from January 1 of the preceding year.
3. ACCOUNTING. Revenues collected pursuant to this impact
fee ordinance shall be placed in a segregated, interest-bearing account and
shall be accounted for separately from the other funds of the Town of
4. REFUND OF IMPACT FEES. Impact fees that are imposed and collected by
the Town of
§66.0617(9), Stats. Refunds shall be made to the then-current owner of the property with respect to which the impact fees were imposed.
5. PAYMENT.
(a) Developers
or property owners of property subject to a land development shall pay impact
fees to the Town of
(1) Recording a plat or certified survey map which would divide any land which is zoned to permit a residential use by right;
(2) Issuing a building permit for any land development;
(3)
Granting any other approval by the
Town of
(b) In every case the impact fee must be paid in full no later than within 14 days of the issuance of an occupancy permit.
(c)
The foregoing payment obligation
applies only to such land development events that occur within the Town of
6. APPEAL.
Pursuant to Wisconsin Statute 66.0617(10), a Developer upon whom an
impact fee is imposed has the right to contest the amount, collection or use of
the impact fee to the Town of
the validity of Ordinance, must be filed in writing with the Town Clerk within 90
days of the effective date of this Ordinance, unless applicable State law specifically allows a longer time for such appeal in which case the applicable State law limitation shall apply. All appeals which challenge the Town’s actions in administering or enforcing this Ordinance must be filed in writing with the Town Clerk within 15 days of the date that the Town action that is to be appealed took place. In all cases, the appeal must 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 Town Clerk shall schedule the appeal for consideration by the Town Board at a regular or special 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 Town Board may adjust the amount, collection or use of the impact fee that applies to the appellant, upon just and reasonable cause shown.
7. INTERPRETATION. The Town of
“Developer” means a person that constructs or creates a land development;
“Land development” means the construction or modification of improvements to real property that creates additional residential dwelling units within a municipality or that result in nonresidential uses that create a need for new, expanded or improved public facilities within a municipality.