[HISTORY: Adopted by the Village Board of the Village of Mazomanie 7-10-2012 by Ord. No. 2012-1. Amendments noted where applicable.]
The Village Board finds that the management of stormwater and other surface water discharges draining to the Black Earth Creek watershed is a matter that affects the health, safety and welfare of the Village, its citizens, businesses and others in the surrounding area. In addition, the Federal Environmental Protection Agency and the Wisconsin Department of Natural Resources have implemented new standards for stormwater management that may eventually require significant upgrades to the existing stormwater practices of the Village, without any funding to assist in complying with these new standards. Failure to effectively manage stormwater affects the sanitary sewer operations of the Village by, among other things, increasing the likelihood of infiltration and inflow into the sanitary sewer system. Surface water runoff may cause erosion of lands, threaten residences and businesses with water damage, and create environmental damage to the rivers within and adjacent to the Village. A system for the collection and disposal of stormwater provides services to all properties within the Village and surrounding areas, including properties not currently served by the systems. The costs of operating and maintaining the Village stormwater management system, and financing necessary repairs, replacements, improvements and extensions thereof, should, to the extent practicable, be allocated in relationship to the services received from the system. In order to protect the health, safety and welfare of the public, the Village Board of Trustees hereby exercises its authority to establish a stormwater utility and establish the rates for stormwater management services adopting and publishing as required by law the regulations contained in this section. The Village is acting pursuant to the authority granted by Chapters 61 and 66, Wis. Stats., including but not limited to §§ 61.34, 61.35, 61.354, 61.36, 61.39, 66.0619, 66.0621, 66.0627, 66.0801, 66.0805, 66.0809, 66.0811 and 66.0821, Wis. Stats.
There is hereby established a stormwater utility in the Village, to be known as the "Mazomanie Stormwater Utility" (sometimes hereinafter referred to in this chapter as the "Utility"). The management, operation and control of the Mazomanie Stormwater Utility shall be vested in the Village Board. The Village Board or its designee will oversee the Utility.
Applicability. This chapter applies to all parcels within the incorporated boundaries of the Village of Mazomanie, as established from time to time.
Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.
Interpretation. In their interpretation and application, the provisions of this chapter shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
Subject to the approval of the Village Board, the Stormwater Utility shall have the power and authority to acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, conduct, manage, and finance such utilities, 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, storm sewers, watercourses, retaining walls, ponds, streets, roads, ditches and such other facilities relating to collection, runoff, treatment, detention or retention. This includes facilities that will support a Stormwater Management System, whether such facilities are owned and operated directly by the Village or are provided under statutory or contractual provisions and furnishing of which facilities creates or imposes a cost or charge upon the Village for the services afforded by such facilities.
In this chapter, the following terms shall have the following meanings:
- ADMINISTRATIVE COSTS
- The costs of general management and administration of the Utility as described in Ch. NR 216, Wis. Adm. Code, including, but are not limited to, the following:
- A. Wages, salaries and related employee expenses for management and administration of the Utility, together with fringe benefits and premiums paid on such wages and salaries for the state workers', compensation coverage.
- B. Utility billing and accounting expenses.
- C. Office supplies.
- D. Permit fees.
- E. Consultant and legal fees.
- F. The stormwater utility charges calculated for Village-owned parcels
- CAPITAL COST
- The cost of acquiring, purchasing, leasing, planning, designing, constructing, extending, replacing or improving all or any part of the Village's stormwater management system and any principal, interest or premiums on any indebtedness incurred for these purposes, including sinking funds that may be established for such future costs.
- COMMERCIAL PARCEL
- A parcel zoned for or used for business or commercial uses.
- The owner of a parcel of land within the Village.
- DEBT SERVICE
- All annual principal and interest requirements and obligations of the Village, including debt service reserves and coverage requirements, that relate to stormwater management system improvements.
- DEVELOPED PARCEL
- Any parcel where the property has been altered from its natural state to create or add impervious surface. A parcel is deemed to be a developed parcel when:
- DUPLEX RESIDENTIAL PARCEL
- A parcel on which is located a building intended for occupancy by two families, or as otherwise identified in the Village's building and zoning codes.
- EQUIVALENT RUNOFF UNIT ("ERU")
- The statistical average of the impervious areas of all single-family residential and duplex residential parcels within the Village. At the time of initial adoption of this chapter, one ERU was equal to 3,639 square feet of impervious area.
- FIXED CHARGE
- The annual lump sum charge to every customer for the costs incurred by the Village in administering the Utility. The fixed charge shall be the same for each customer and shall be computed by dividing the total budgeted Village stormwater utility administration costs by the number of customers in existence as of any point in time.
- IMPERVIOUS SURFACE
- A surface as measured on a horizontal plane which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. It includes, but is not limited to, all areas covered by structures, roof extensions, patios, porches, driveways, loading docks, parking lots, sidewalks, and compacted clay and gravel which are used as driveways or parking lots. An impervious surface is deemed to generate excess or increased runoff as compared to property in its undeveloped state.
- INDUSTRIAL PARCEL
- A parcel zoned for or used for manufacturing or industrial activities.
- INSTITUTIONAL PARCEL
- A parcel intended for governmental, educational or religious activities that has obtained exemption from Wisconsin real property taxes under § 70.11, Wis. Stats.
- MULTIFAMILY RESIDENTIAL PARCEL
- A parcel on which is located a structure(s) containing three or more dwelling units.
- NONOPERATION AND MAINTENANCE COSTS
- Administrative costs, capital costs, sinking funds and debt service. Nonoperation and maintenance costs are not eligible for credits.
- OPERATION AND MAINTENANCE COSTS (O&M)
- All direct and indirect costs, excluding administrative costs, capital costs, sinking funds and debt service, incurred and necessary to provide adequate drainage and control of stormwater and surface water on a continuing basis and assure optimal long-term function of stormwater management system facilities. O&M costs of the Utility may include expenses for, but not limited to, the following purposes:
- A. Wages, salaries and compensation paid to Utility employees and supervisory personnel, together with fringe benefits and premiums paid for the state worker's compensation coverage.
- B. Fuel and other operating supplies.
- C. Repairs to and maintenance of the equipment associated therewith.
- D. Premiums for hazard insurance.
- E. Premiums for insurance providing coverage against liability for the injury to persons and/or property.
- F. Rents and leasing costs for maintenance facilities.
- G. Operation, licensing and maintenance costs for trucks and heavy equipment.
- H. Consultant and legal fees.
- I. Replacement costs.
- J. Materials used in repairs or maintenance activities.
- A legal unit of land division as recorded by the Dane County Register of Deeds. Multiple contiguous parcels with the same owner(s) will have charges computed separately, but may be billed together for the purposes of levying stormwater utility charges.
- SINGLE-FAMILY RESIDENTIAL PARCEL
- A parcel on which is located a building intended for occupancy as a dwelling unit by a single family, or as otherwise identified in the Village's Building and Zoning Codes.
- STORMWATER MANAGEMENT SYSTEM
- All facilities, easements, equipment, fixtures, structures, and practices necessary to convey, store, detain, treat, or prevent pollution in stormwater runoff or groundwater, or to preserve natural waterways and wetlands.
- UNDEVELOPED OR UNDEVELOPED PARCEL
- A parcel with no impervious surfaces. Undeveloped parcels are deemed to be customers, but are not included in calculations of equivalent runoff units or charges for capital costs, sinking funds, debt service costs or operation and maintenance costs.
- VARIABLE CHARGE
- The portion of the stormwater charge that is based upon impervious surface area.
- The Village of Mazomanie, Wisconsin.
- VILLAGE BOARD
- The Board of Trustees of the Village.
There is hereby imposed upon each parcel within the Village a stormwater utility charge to cover the costs of the Stormwater Management System necessary to fulfill the purposes set forth in § 357-1 et seq.
Introduction. The basis for computation of the charges for stormwater services and facilities provided by the Utility to parcels of land within the Village is established under this section. Charges shall be established from time to time by resolution adopted by the Village Board, and such charges shall be based on consideration of impervious surface areas and such additional parameters as the Village Board may from time to time determine, and as provided for herein. A schedule of current charges shall be maintained and on file in the office of the Village Clerk-Treasurer.
Stormwater utility expense components. All expenses incurred by the Utility shall be divided into the following components:
Administrative component costs. These costs include the Utility's estimated annual systemwide administrative and management costs and other costs not in the operation and maintenance component or the capital, sinking fund and debt service component.
Operation and maintenance component costs. These costs include the Utility's estimated annual cost of operating and maintaining the Village's stormwater management system.
Capital improvement and debt services component costs. These costs include the current and estimated future capital improvement costs and debt service payments for the Village's stormwater management system.
Stormwater utility charge. The Stormwater utility charge assessed against each parcel shall be calculated as follows:
Fixed charge. The fixed charge shall apply to each parcel in the Village and is determined by dividing the budgeted administrative component cost by the number of parcels (customers) in the Village, determined as of January 1 in each year.
Equivalent runoff unit charge (ERUC). The ERUC is determined by taking the sum of all budgeted operation and maintenance component costs, and all budgeted capital improvement, sinking fund and debt services component costs, and dividing that number by total ERUs, less those the Village has subtracted for customers who received a credit as hereinafter provided.
Each parcel that has impervious surface area less than or equal to that of one ERU shall be assigned one ERUC.
Each other parcel, whether single-family, duplex, multifamily residential, commercial, industrial, institutional, agricultural, or other use, shall receive a variable charge for the number of ERUs on that parcel equal to the ratio of the total impervious area of the parcel to the square footage of impervious surface in one ERU. Variable charges shall be calculated to the nearest 0.1 ERU. (For example, a parcel with 5,500 square feet of impervious area shall be charged for 1.5 ERUs, and a parcel with 5,650 square feet of impervious area shall be charged for 1.6 ERUs.)
The initial ERUC rate shall be established by resolution of the Village Board of Trustees concurrent with adoption of this chapter. Any future changes in the ERUC, customer classifications, ERUs, billing unit calculations, rates, or the credit system may be made by resolution or ordinance of the Village Board.
Credits may be granted to owners of parcels who have significantly reduced the impacts of stormwater discharge on the Stormwater Management System of the Village and who are allocated a charge of greater than one ERUC; provided, however, that any such credit shall be applied to only that portion of the charge which is greater than one ERUC and such owner has constructed, and maintains on-site stormwater management systems that mitigate flow rates or total runoff volume impacts, or that provide sediment removal in stormwater runoff utilizing a design that is or has been previously approved by the Village. Credit may also be granted to owners of parcels receiving a charge of greater than one ERUC, only for that portion of the charge which is greater than one ERUC, from which parcels storm runoff flows directly to a public receiving water, provided that said property owner completely maintains the bank of that receiving water that is within or adjacent to the parcel and keeps the receiving water free and clear of all obstructions that would otherwise impede flow of floodwaters. The determination and application of credits is subject to the following:
The percentages of the various parts of the variable charge that are eligible for a credit will initially be established by resolution of the Village Board of Trustees concurrent with adoption of this chapter. Any future changes in these percentages may be made by resolution or ordinance of the Village Board. The fixed charge will not be eligible for a credit.
Parcels which receive a variable charge equal to or less than one ERUC shall not be eligible for any credit, notwithstanding any provision to the contrary contained in this chapter.
Notwithstanding anything to the contrary contained in this chapter, no credit shall be considered for structural or nonstructural best management practices that were required in order to comply with any local, state, or federal regulations, including but not limited to, Village of Mazomanie ordinances, Chapter 30, Wis. Stats., Chs. NR 151, NR 216 and NR 103, Wis. Adm. Code, and the federal Clean Water Act, which were current at the time of construction of the practice.
Editor's Note: See 33 U.S.C. § 1251 et seq.
No credit shall be considered for any "natural" features, including, but not limited to, shallow pooling areas, wetlands, streams and creeks, floodplains, or water impoundments of any kind in existence prior to the passage of this chapter.
In order to obtain the benefit of any credit, the customer shall submit a request for credit in writing, to the Village. The customer shall provide all supporting documentation, surveys, and engineering calculations and reports as may be necessary to document the justification for the request for credit. The Village Engineer or his designee shall be allowed access to the subject property to determine the amount of credit and otherwise verify the information required in order to obtain a credit.
The determination of credits, the criteria to be used therefor, and the application thereof shall be done in accordance with the "Village Stormwater Credit Manual," as approved from time to time by resolution of the Village Board; and any such determinations shall be made within 60 days following the date of a completed written request therefor.
Any ERU adjustment granted shall thereafter be used to calculate the customer's user charges unless a change in the impervious surface area is made or the site is regraded or the on-site stormwater management system is changed or modified. The credit, if granted, shall only apply beginning the first full billing period following the date of the filing for the credit. There shall be no retroactive adjustment for user charges imposed prior to the filing of the written application for credit.
Adverse determinations. Any person who is required under this chapter to pay a stormwater utility charge may seek a review thereof for purposes of contesting the Village's determination of impervious and parcel areas of the subject parcel; the determination of whether or not a parcel is eligible to receive any credit under § 357-8; the amount of any credit so granted; or any other matter associated with the administration and application of this chapter. With respect to any such review, such person shall submit, at the same time as the appeal is taken under § 357-9B(1), a site and building survey, together with any related documents, which describe the impervious surface area of a parcel. Such surveys or documentation shall be prepared by a registered land surveyor or registered professional engineer.
Appeal procedure. The following procedure is applicable to any review of a determination under this chapter:
All requests for review shall be in writing, shall specify the determination that should be reviewed, shall set forth the reasons or factors why a different determination should be made, shall set forth the amount of the stormwater utility charge that the customer believes to be correct, and shall be filed with the Village Clerk-Treasurer at the following times:
Filed at any time prior to the due date of the stormwater utility charge; or
Within 30 days following payment of the stormwater utility charge. A failure to file a requirement for review within 30 days following payment thereof constitutes a waiver to subsequently contest the particular charge.
Any disputed stormwater utility charge shall be paid in full as and when due; and if the customer is successful, the disputed portion shall be returned.
Upon receipt of the written request under Subsection B(1) above, the Village Board designee shall issue a written decision as to whether the request for credit or adjustment should be granted, denied or granted in part. The written decision shall also set forth the reason or reasons for such a decision. The decision shall be sent to the customer by certified mail, and shall be provided to the Utilities Committee.
Within 30 days of receipt of the written decision from the Village Board designee, the customer may appeal such decision to the Utilities Committee of the Village by filing with the Village Clerk-Treasurer a written appeal therefrom, specifying the reasons for such appeal. The Utilities Committee shall review the decision and may hold a hearing thereon. The customer shall be notified of the date of any hearing by certified mail. If no appeal has been submitted within 30 days of the decision of the Village Board designee, the matter shall be considered final.
If a timely appeal is taken, the Utilities Committee shall determine whether the decision appealed from should be approved, rejected, or modified. The customer shall be allowed to present evidence at any hearing held by the Utilities Committee. The final determination of the Utilities Committee shall be in writing and set forth, in detail, the reason or reasons for its decision, and the Utilities Committee shall inform the customer by certified mail. The Utilities Committee may, at its discretion, require access to the property to assist in its determination.
Any decision of the Utilities Committee shall be made within 45 days following the filing of such appeal.
Any person who is aggrieved by any action or decision of the Utilities Committee may appeal to the Village Board for review. A written notice of such appeal shall be filed with the Village Clerk-Treasurer within 30 days of the date of the action or decision from which appeal is being made. The notice of appeal shall state the action or decision of the Utilities Committee being appealed. The Village Clerk-Treasurer shall schedule the appeal for a hearing by the Village Board of Trustees at a meeting, open to the public, within 45 days of the filing of the notice of appeal. The Village Clerk-Treasurer shall send notice of the time scheduled for the consideration of the appeal to the appellant at least 10 days prior to the hearing. Within 30 days of the appeal hearing, the Village Board, by majority vote, shall affirm, modify or reverse the action or decision. Notice of the final decision of the Village Board shall be sent to the appellant.
Any ERU adjustment granted shall thereafter be used to calculate the customer's variable charge unless a change in the impervious surface area is made or the site is regraded or the on-site stormwater project system is changed or modified. The adjustment, if granted, shall only apply beginning the first full billing period following the date of the filing for the credit. There shall be no retroactive adjustment for user charges imposed prior to the filing of the initial appeal.
The Village Board of Trustees may, by resolution adopted from time to time, establish billing procedures and may bill charges on the same invoice as water and sewer charges, or may send separate invoices where the parcel being charged does not have water and sewer service, or for multifamily or condominium parcels where there are multiple water meters for a single parcel.
Interest on late payments may be charged not to exceed 1.0% per month, commencing en the date payment is due and continuing until paid in full.
On or before October 15 of each year, the Village Clerk-Treasurer shall cause a notice to be mailed or delivered to the owner or occupant of any parcel for which stormwater utility charges have not been paid in accordance with Utility requirements, plus any interest due. All balances in arrears on November 1 of each year shall become a lien on the parcel and may be inserted on the tax rolls for collection in accordance with § 66.0809(3), Wis. Stats., as amended.
In addition to any other method for collection charges established pursuant to this chapter for stormwater utility charges, the Village Board finds that these charges may be levied on property as a special charge pursuant to § 66.0627, Wis. Stats., as amended from time to time.
The Village Clerk-Treasurer and Utility Committee shall prepare an annual budget which shall separately account for the revenue and expense of the Utility. Utility expenses shall include all administrative costs, operation and maintenance costs, cost of borrowing, planning costs and other costs related to the operation of the Utility. The budget is subject to approval by the Village Board. Stormwater charges collected shall be deposited in the Stormwater Utility enterprise fund and shall be used for no other purpose. Any excess of revenues over expenditures in a year shall be retained in the enterprise fund and used for Utility expenses in subsequent years.