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.
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.
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.
CUSTOMER
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:
A.
A certificate of occupancy has been issued or when the required
final inspection has been performed; or
B.
Construction of an improvement not subject to an occupancy inspection
or other inspection is at least 50% complete.
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.
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.
J.
Materials used in repairs or maintenance activities.
PARCEL
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.
VILLAGE
The Village of Mazomanie, Wisconsin.
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.
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.