There is hereby created and established a Stormwater Utility
within the Village of New Glarus, effective January 1, 2010. The entire
operation, charge and management of the Stormwater Utility is vested
in the Village Administrator; subject, however, to the general control
and supervision of the Village Board, pursuant to applicable state
law.
The Village, acting through the Stormwater Utility, may, without
limitation due to enumeration, acquire by gift, purchase, eminent
domain, condemnation or otherwise, construct, lease, own, operate,
maintain, improve, update, modify, extend, expand, replace, clean,
dredge, repair, conduct, manage, finance, borrow monies, assess and/or
levy fees for such facilities, operations, maintenance and activities
as are deemed, from time to time, by the Village to be proper and
reasonably necessary for a system of storm- and surface water management.
These facilities may include, without limitation due to enumeration,
surface and underground drainage facilities, inlets, manholes, sewers,
channels, ditches, retention and detention basins, infiltration facilities,
retaining walls, streets, roads, natural drainageways, and such other
facilities as will support a stormwater management system.
For purposes of this chapter, the following definitions shall
apply. Words used in the singular shall include the plural, and the
plural, the singular; words used in the present tense shall include
the future tense; the word "shall" is mandatory and not discretionary;
the word "may" is permissive.
CHARGE
The periodic or other fee imposed under this chapter for
the rendering of stormwater utility services by the Village.
EQUIVALENT RUNOFF UNIT or ERU
The basic unit by which a storm sewer charge is calculated
under this chapter and is based upon the impervious area reasonably
determined by the Village. The term "ERU" means the statistical average
horizontal impervious area of single-family homes and duplexes within
the Village of New Glarus on the date of adoption of this chapter.
IMPERVIOUS AREA
A surface which has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by rainwater.
The term includes, without limitation due to enumeration, all areas
covered by structures, roof extensions, patios, porches, driveways,
loading docks and sidewalks, and semi-impervious surfaces such as
compacted gravel, all as measured on a horizontal plane.
DUPLEX
Any residential property having two dwelling units.
DWELLING UNIT
A room or group of rooms including cooking accommodations,
occupied by one family, and in which not more than two persons, other
than members of the family, are lodged or boarded for compensation
at any one time.
MULTIFAMILY UNIT
Any residential property comprised of three or more dwelling
units, including condominiums and manufactured homes.
NONRESIDENTIAL PROPERTY
A lot or parcel of land, with improvements such as a building,
structure, grading or substantial landscaping, which is not residential
property, excluding publicly-owned rights of way, recreational trails,
and publicly-owned or privately-owned rail beds utilized for railroad
transportation.
PERSON
Each and every property owner and includes, but is not limited
to, natural persons, partnerships, corporations, limited liability
companies, limited liability partnerships, joint ventures, and all
other legal entities of whatever kind or nature.
RESIDENTIAL PROPERTY
A lot or parcel of land developed exclusively for residential
purposes, including single-family units, duplexes, and multifamily
units. The term includes condominiums and manufactured homes.
STORMWATER UTILITY
The Village owned and operated utility established under
this chapter for the purpose of managing stormwater and imposing charges
for the recovery of costs connected with such stormwater management.
UNDEVELOPED PROPERTY
Real property that is not developed by the addition of an
improvement such as a building, structure, grading or substantial
landscaping. A property shall be considered to be developed if:
A.
A certificate of occupancy has been issued for a building or
structure on the property or, if no certificate of occupancy has been
issued, upon substantial completion of construction or final inspection;
or
B.
Construction of an improvement on the property is at least fifty-percent
completed and such construction has ceased for a period of at least
three months, whether consecutive or not.
The Stormwater Utility finances shall be accounted for in a
separate Stormwater Utility Enterprise Fund by the Village. All income
and revenues shall be retained by the Stormwater Utility Enterprise
Fund. The Stormwater Utility shall prepare an annual budget, which
is to include all operation and maintenance costs, debt service and
other costs related to the operation of the Stormwater Utility. The
annual budget is subject to approval by the Village Board.
The land rights and improvements of the Village, or such rights
determined to exist, for the following components of the public stormwater
system are hereby transferred to the land assets of the New Glarus
Stormwater Utility.
B. Inlets, catch basins, retention ponds and related stormwater control
features;
C. Storm sewer access structures;
E. Fees collected for stormwater management and fees collected in lieu
of land dedication.
The Village Board, from time to time, by budget adoption may
establish classifications other than the customer classifications
set forth in this chapter, as may be likely to provide a reasonable
and fair distribution of the costs of the stormwater utility to all
users.
[Amended 5-18-2010 by Ord. No. 10-02]
The Stormwater Utility billing schedule shall be set by the
Village Administrator and approved by the Village Board. Billing procedure
shall be as per Chapter PSC 185, Wisconsin Administrative Code.
A property owner shall be responsible for timely submitting
a fully completed and accurate stormwater utility service application
at the time a building permit is issued or a site plan review is conducted.
The application shall be made on a form prescribed by the Village
and provided with each application for a building permit or application
for site plan review. Failure to submit such stormwater utility service
application or providing false information on such form shall constitute
a violation of this chapter. The implementation of stormwater charges
shall commence as set forth in this chapter.
In the event of any conflict between any provision set forth
in this chapter and any other Village ordinance, the competing provisions
shall be harmonized to the fullest extent possible so as to facilitate
the intent and proper effect of the separate areas of regulation.