[HISTORY: Adopted by the Village Board of the Village of
Belleville 4-19-2010 by Ord. No.
2010-04-02 (Title 9, Ch. 5, of the 1994 Code). Amendments
noted where applicable.]
The Village of Belleville finds that the management of stormwater
and other surface water discharges within and beyond the Village of
Belleville is a matter that affects the health, safety and welfare
of the Village, its citizens and businesses, and others in the surrounding
area. Failure to effectively manage stormwater affects the sanitary
sewer utility operations of the Village by, among other things, increasing
infiltration to the sanitary sewer. In addition, surface water runoff
causes erosion of lands, damages to businesses and residences, sedimentation,
and other environmental damage in the Village of Belleville and/or
surrounding area. In order to protect the health, safety and welfare
of the public, the Village of Belleville is exercising its authority
to establish a stormwater utility for stormwater management services.
The Village is acting under the authority of §§ 62.04,
62.11, 62.16, 62.175, 62.18, 66.0621, 66.0627, 66.0809, 66.0811 and
66.0821, Wis. Stats.
There is hereby established a Stormwater Utility in the Village
of Belleville. The operation of the Stormwater Utility shall be under
the supervision of the Village Clerk/Treasurer.
The Village, acting through the Stormwater Utility, may acquire,
construct, lease, own, operate, maintain, extend, expand, replace,
clean, dredge, repair, conduct, manage and finance such facilities,
operations and activities as are deemed by the Village to be proper
and reasonably necessary for a system of stormwater and surface water
management. These facilities may include, without limitation due to
enumeration, surface and underground drainage facilities, sewers,
watercourses, retaining walls, ponds, streets, roads, ditches and
such other facilities as will support a stormwater management system.
In their interpretation and application, the provisions of this
chapter shall be interpreted liberally to secure the ends sought hereby
and shall not be deemed a limitation or repeal of any other power
granted by the Wisconsin Statutes.
The following terms, whenever they occur in this chapter, are
defined as follows:
The fee imposed under this chapter for the rendering of Stormwater
Utility services by the Village.
A property shall be considered to be developed if:
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
Construction of an improvement on the property is at least 50%
completed and such construction has ceased for a period of at least
three months, whether consecutive or not.
The basic unit by which the Stormwater Utility charge is
calculated under this chapter. It is the statistical average horizontal
impervious area of residential living units within the Village of
Belleville on the date of the establishment of the Stormwater Utility.
The horizontal impervious area includes, but is not limited to, all
areas covered by structures, roof extensions, patios, porches, driveways,
sidewalks, pavement, gravel, compacted clay, and loading docks.
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,
sidewalks, parking lots, pavement, gravel, compacted clay, and loading
docks, all as measured on a horizontal plane.
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.
Any residential property comprised of two or more living
units, including duplexes, apartments and condominiums.
A lot or parcel of land, with improvements such as a building,
structure, other impervious area as defined in this section, grading
or substantial landscaping, which is not exclusively residential as
defined herein, including but not limited to commercial, industrial,
institutional, mixed-use, and governmental property, and excluding
publicly owned right-of-way and publicly owned or privately owned
rail beds.
A lot or parcel of land developed exclusively for residential
purposes, regardless of zoning classification, including single-family
units, duplexes, and multifamily units. The term includes manufactured
homes.
Any residential property, including manufactured homes, consisting
of one dwelling unit.
The Utility established under this chapter for the purpose
of managing stormwater and imposing charges for the recovery of costs
connected with such stormwater management.
Property that is not developed by the addition of an improvement
such as a building, structure, other impervious area as defined in
this section, grading or substantial landscaping which increases stormwater
runoff.
The person appointed by the Village Board as the chief administrative
officer of the Village.
By this chapter, the Village Board is establishing the rate
classification and basis for computation of charge for stormwater
services for each lot and parcel within the Village of Belleville.
The actual charges to be imposed pursuant to these rate classifications,
and any future changes in those rates, shall be made by resolution.
A schedule of current rates, following approval by the Village Board,
shall be maintained and on file in the office of the Village Clerk/Treasurer.
All charges established pursuant to this chapter shall be fair and
reasonable. Stormwater Utility charges shall be based on the number
of equivalent runoff units (ERUs) assigned to each parcel. The ERU
charge shall be assessed based upon the impervious area as reasonably
determined by the Village Clerk/Treasurer, except for properties classified
as undeveloped, which shall be exempt from the Stormwater Utility
charge.
A.
Residential: single family. The charge imposed for single-family
residential properties shall be the fee for one ERU.
B.
Residential: two or more living units. The charge imposed for residential
properties with two or more living units shall be 0.67 of one ERU
per living unit existing on the property, i.e., multifamily parcel
charge equals 0.67 times ERU fee times the number of dwelling units.
C.
Nonresidential. The charge imposed for nonresidential and mixed-use
properties shall be the fee for one ERU multiplied by the numerical
factor obtained by dividing the total square footage of impervious
area of the property by the square footage of one ERU. The factor
shall be rounded down to the nearest 0.1, i.e., nonresidential parcel
charge equals ERU fee times parcel impervious area divided by 2,800
square feet.
D.
Undeveloped. There shall be no charges imposed on parcels during
the time period in which they are defined herein as undeveloped.
E.
Right-of-way. Public highway, road, and rail right-of-way shall be
exempt from the Stormwater Utility fee.
F.
Minimum charge. The minimum charge for any customer charged a fee
shall be equal to the fee for 1/2 of one ERU, in the absence of a
credit or adjustment approved by the Village Clerk/Treasurer.
G.
Impervious area measurement. The Village Clerk/Treasurer shall be
responsible for determining the impervious area of nonresidential
parcels based on the best available information, including but not
limited to data supplied by the Village Assessor, Village Engineer,
Village Building Inspector, Village Clerk/Treasurer, aerial photography,
property owner, tenant, or developer. The Village Clerk/Treasurer
may require additional information as necessary to make the determination.
The number of ERUs shall be updated by the Village Clerk/Treasurer
based on any additions to the impervious area as approved through
the building permit process.
The Village Board shall, by resolution, set or adjust the ERU
fee to reflect the costs of the stormwater management program. Stormwater
fees will be kept on file with the Village Clerk/Treasurer.
The Village Board shall adopt, by separate resolution, criteria
recommended by the Village Clerk/Treasurer for providing credits and
adjustments. The Village Clerk/Treasurer shall develop a manual that
explains the criteria for calculating credits and adjustments and
provides application materials for each. It shall be the responsibility
of the property owner to prove, using the credits and adjustments
manual, that a parcel is eligible for either a credit or an adjustment.
A.
Credits.
(1)
Eligibility. A customer may be eligible for a credit in the form
of a reduced ERU multiplier for properties where all of the following
conditions apply:
(a)
The Village's cost of providing service or making service
available to the property has been lessened.
(b)
The property conforms to all applicable ordinances and standards
of the Village of Belleville in effect at the time of parcel development.
(c)
The property has been assigned a nonresidential user classification
by the Village Clerk/Treasurer.
(2)
Maximum credit. The maximum aggregate credit for any individual property
is 50% of its ERU charge, regardless of how many types of credits
the property qualifies for.
(3)
Credit types. The following credits may be available to customers for properties that meet all of the eligibility criteria of Subsection A(1):
(a)
Peak flow control credit. Credits shall be considered for customers who own and maintain stormwater management facilities such as retention or detention basins that exceed the Village's peak discharge rate requirements as set forth in Chapter 450, Stormwater Management and Erosion Control, § 450-13B(3) and (4).
(b)
Water quality credit. Credits shall be considered for customers who own and maintain stormwater management facilities that improve the quality of runoff from the property to a degree that exceeds the Village's water quality requirements, as set forth in Chapter 450, Stormwater Management and Erosion Control, § 450-13B(1).
(c)
Other. Other proposals may be considered on a case-by-case basis.
All such proposals must either directly reduce the Village's
cost of managing stormwater runoff or contribute directly towards
improving the quality of runoff discharged into the Village's
municipal separate storm sewer system. Such proposals may receive
up to 10% credit towards the 50% maximum.
B.
Adjustments. A customer may be eligible to have the number of ERUs
assigned to its property adjusted under the conditions described below:
(1)
Within 30 days of the submission of a request to the Village Clerk/Treasurer
for an adjustment to the number of ERUs allocated to the property,
the Village Clerk/Treasurer shall forward the request on to the Public
Works and Parks Committee, and the Public Works and Parks Committee
shall issue a written recommendation as to whether the request for
adjustment should be granted, denied or granted in part. The written
recommendation shall also set forth the reason or reasons for such
recommendation. The recommendation shall be sent to the customer by
certified mail and shall be forwarded on to the Village Clerk/Treasurer.
(2)
Within 30 days of receipt of the written recommendation from the
Public Works and Parks Committee, the Village Clerk/Treasurer shall
review and approve the recommendation, unless a request is made by
the Public Works and Parks Committee, Village Clerk/Treasurer, or
the applicant for the Village Board to review the request. The customer
shall be notified of the approval or referral by certified mail.
(3)
If a review by the Village Board is requested, the Village Board
shall determine whether the recommendation should be approved, rejected,
or modified. The customer shall be allowed to present evidence at
the hearing. The final determination of the Village Board shall be
in writing and set forth, in detail, the reason or reasons for its
decision and shall inform the customer by certified mail.
(4)
In reviewing a recommendation, the Village Board shall apply the
considerations set forth in § 66.0821(4)(c), Wis. Stats.
C.
Review procedure.
(1)
Undeveloped property. Properties assigned a residential or nonresidential
user classification may be eligible to have the property reclassified
as undeveloped if either of the following conditions exist:
(a)
The property owner can show that the cumulative impervious area
on the parcel is less than half of the impervious area of one ERU.
(b)
The property owner can show that all living units associated
with a residential parcel are accounted for by ERUs assigned to an
adjacent parcel with the same owner.
(2)
Nonresidential property. Nonresidential customers who believe the number of ERUs allocated to their property to be incorrect may submit an adjustment request to the Village Clerk/Treasurer. The allocated ERUs may be adjusted if the owner can provide information showing the square footage calculation as determined in § 554-8C and G is incorrect.
D.
Effective date. Any ERU adjustment or reduced multiplier granted
shall thereafter be used to calculate the customer's user charges.
The reduction shall only apply for the period of time subsequent to
the filing of the request for adjustment. There shall be no retroactive
adjustment for user charges imposed prior to the filing of the request.
A.
The Village shall separately account for the Stormwater Utility finances.
The Village Clerk/Treasurer shall prepare an annual budget, which
is to include all operation and maintenance costs, costs of borrowing
and other costs related to the operation of the Utility. The budget
shall be reviewed annually by the Public Works and Parks Committee
and subject to approval by the Village Board. Any excess of revenues
over expenditures in a year will be deposited in a stormwater maintenance
fund, which will be used to defer the costs of capital improvements
or to retire debt.
B.
Bills. Stormwater Utility charges shall be billed to the utility
account or accounts associated with each property. In the event that
there are multiple utility accounts associated with a single property,
the charge shall be divided among accounts based on the best available
information regarding the relative number of living units or amount
of impervious area associated with each account. In the event of late
payment or nonpayment by utility account holders, the property owner
shall be responsible for payment of all Stormwater Utility charges.
C.
Late payment. Failure to pay the charges when due will result in
a one-time late payment charge of 3% being added to bills not paid
within 20 days of issuance.
D.
Unpaid charges. Unpaid charges shall be assessed as a lien against
the property pursuant to § 66.0821, Wis. Stats.
