[5-15-2007; 2016 Code]
The council finds that the management of storm water and other
surface water discharges within and beyond the city is a matter that
affects the health, safety and welfare of the city, its citizens and
businesses, and others in the surrounding area. Failure to effectively
manage storm water affects the sanitary sewer utility operations of
the city 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 city and surrounding area. To protect the health, safety
and welfare of the public, the city is exercising its authority to
establish a storm water utility for storm water management services.
[5-15-2007; 2016 Code]
There is hereby established a storm water utility in the city.
The operation of the storm water utility shall be under the supervision
of the storm water utility manager.
[5-15-2007; 2016 Code]
The city, acting through the storm water 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 considered by the city 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, sewers, watercourses,
retaining walls, ponds, streets, roads, ditches and such other facilities
as will support a storm water management system.
[5-15-2007; 2016 Code]
In this chapter:
Means a property for which 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 50 percent completed and such construction
has ceased for at least three months, whether consecutive or not.
Means equivalent runoff unit, the basic unit by which the
storm water utility charge is calculated under this chapter. It is
the statistical average impervious area of residential units within
the city.
Means a surface which has been compacted or covered with
a layer of material so that it is highly resistant to infiltration
by rain water. 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.
Means a room or group of rooms including cooking accommodations,
which is used or intended to be used as a home, residence or sleeping
place by one person or by two or more persons maintaining a common
household, to the exclusion of all others.
Means any residential property comprised of two or more living
units, including without limitation duplexes, apartments and condominiums.
Means a lot or parcel of land, with improvements such as
a building, structure, other impervious area, grading or substantial
landscaping, which is not a residential property, 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.
Means a lot or parcel of land, regardless of zoning classification,
developed exclusively for living units, including single-family units
and multi-family units.
Means any residential property, including manufactured homes,
trailers, and condominiums, consisting of one living unit.
Means the utility established under this chapter to manage
storm water and imposing charges for the recovery of costs connected
with such storm water management.
Means the fee imposed under this chapter for storm water
utility services provided by the city.
Means the city's director of public works or such other
person appointed by resolution of the council to manage the storm
water utility.
Means property that is not developed by the addition of an
improvement such as a building, structure, other impervious area,
grading or substantial landscaping which increases storm water runoff.
[5-15-2007; 2016 Code]
Storm water utility charges shall be based on the actual and
necessary cost of operating the storm water utility apportioned among
tax parcels in the city based on the number of ERUs assigned to each
parcel pursuant to this chapter.
[5-15-2007; 2016 Code]
[5-15-2007; 2016 Code]
(A)Â
Rate classification. For the purposes of imposing the storm water
utility charge, all lots and parcels within the city shall be classified
into the following rate classes.
(B)Â
Parcel classification. The storm water utility manager shall assign
a rate classification to each lot and parcel within the city.
[5-15-2007; 2016 Code]
Storm water utility charges assessed to a parcel in the city
shall be determined as follows.
(A)Â
Residential -single family unit. The storm water utility charge imposed
for single family unit on a residential property shall be the fee
established for one ERU.
(B)Â
Residential -multi-family unit. The storm water utility charge imposed
for a multi-family unit on a residential property shall be the fee
established for one ERU multiplied by the number of living units on
the property multiplied by 0.5.
(C)Â
Non-residential property. The storm water utility charge imposed
for a non-residential property shall be the fee established for one
ERU, multiplied by a numerical factor obtained by dividing the total
square footage of impervious area of the property by the square footage
of one ERU rounded down to the nearest 1/10 of an ERU.
(D)Â
Undeveloped property. The storm water utility charge imposed for
an undeveloped property shall be the fee established for one ERU multiplied
by 0.5.
(E)Â
Right-of-way. A publicly owned or controlled street, alley, highway,
road, recreational trail and rail right-of-way shall be exempt from
the storm water utility charge.
(F)Â
Minimum charge. The minimum storm water utility charge for any property
that is not exempt shall be the fee established for one ERU multiplied
by 0.5.
(G)Â
Impervious area measurement. The storm water utility manager shall
be responsible for determining the impervious area of nonresidential
property based on the best available information, including, but not
limited to, data from aerial photography or data supplied by the city
assessor, property owner, tenant, or developer. The storm water utility
manager may require additional information as necessary to make the
determination. The number of ERUs shall be updated by the storm water
utility manager based on any changes to the impervious area.
[5-15-2007; 2016 Code]
The council shall adopt, by separate resolution, criteria for
establishing adjustments to the storm water utility charge imposed
for any parcel. The storm water utility manager shall develop a manual
explaining the criteria for calculating such adjustments and an adjustment
application.
(A)Â
Credits.
(1)Â
Eligibility. A property owner may be eligible for a credit,
in the form of a reduced ERU multiplier for a property where all of
the following conditions apply:
A)Â
The city's cost of providing service or making service
available to the property has been lessened.
B)Â
The property conforms to all applicable codes and standards
of the city in effect when the parcel was developed.
C)Â
The property has been assigned a nonresidential or multi-family
residential user classification by the storm water utility manager.
(2)Â
Maximum credit. The maximum aggregate credit for any individual
property is 50 percent of its ERU charge, regardless of how many types
of credits the property may otherwise be qualified to receive.
(3)Â
Credit types. The following credits may be available for a property
that meets all eligibility requirements.
A)Â
Zero discharge credit. Credits shall be considered for properties
that discharge storm water directly into a water body not maintained
in any way by the city, or directly into a water body downstream of
where it is maintained by the city, or is otherwise contained entirely
upon the property.
B)Â
Peak discharge control credit. Credits shall be considered for
owners who maintain private storm water management facilities such
as retention or detention basins that exceed state and local peak
discharge rate requirements applicable to the site.
C)Â
Water quality credit. Credits shall be considered for owners
who maintain private storm water management facilities that improve
the quality of runoff from the property to a degree that exceeds state
and local water quality requirements applicable to the site.
(B)Â
Adjustments. An owner may be eligible to have the number of ERUs
assigned to the owner's property adjusted under the following
conditions:
(1)Â
Undeveloped property. Properties which have been assigned an
undeveloped user classification may be eligible to reduce the number
of ERUs assigned to the property if either of the following conditions
exist:
A)Â
The property owner can show that the cumulative impervious area
on the parcel is less than half of the impervious area of one ERU,
in which case the number of ERUs assigned to the property shall be
reduced to zero.
B)Â
The property owner can show that the parcel assigned an undeveloped
user classification is adjacent to another owned residential parcel
with an assessed ERU.
(2)Â
Nonresidential property. The owner of a nonresidential property
who believes the number of ERUs allocated to such property to be incorrect
may submit an adjustment request to the storm water utility manager.
The allocated ERUs may be adjusted if the owner can provide information
showing that the impervious area measurement is incorrect.
(C)Â
Review procedure.
(1)Â
Storm water utility manager administrative decision. Within
30 days following submission of a request to the storm water utility
manager for an adjustment to the number of ERUs allocated to a property,
the storm water utility manager shall issue a written administrative
decision as to whether the request for adjustment should be granted,
denied or granted in part. The written administrative decision shall
also set forth the reason or reasons for such decision. The administrative
decision shall be delivered to the property owner by certified mail
or personal delivery, and a copy thereof shall be provided to the
board of public works.
(2)Â
Board of public works appeal. Within 30 days following delivery
of the administrative decision of the storm water utility manager,
the affected property owner may file with the city clerk a written
appeal of such decision. Such appeal shall be heard by the board of
public works within 30 days following the filing thereof. Notice of
the meeting at which the appeal will be considered shall be delivered
to the property owner by certified mail or personal delivery not less
than five days before such meeting.
(3)Â
Board of public works review. The board of public works may
at any time on its own initiative review a decision of the storm water
utility manager, provided however, that notice of the meeting where
such decision will be reviewed shall be delivered to the affected
property owner in the same manner as is required for an appeal.
(4)Â
Board of public works decision. Upon appeal or independent review,
the board of public works shall decide whether the administrative
decision should be approved, rejected, or modified. The affected property
owner shall be given an opportunity to be heard before the board's
final decision. The final decision shall be in writing and shall set
forth the reason or reasons for its decision. Minutes of the board
of public works meeting where such decision was made shall be a sufficient
record of the board's decision. A copy of such decision shall
be delivered to the affected property owner by certified mail or personal
delivery.
(5)Â
Review considerations. In reviewing an administrative decision
by the storm water utility manager or the board of public works, the
considerations set forth in section 66.0821(4)(c) of the Wisconsin
statutes shall be applied.
(D)Â
Effective date. Any ERU adjustment or reduced multiplier granted
shall thereafter be used to calculate the storm water utility charge
for the affected property. The reduction shall only apply for the
period after the filing of the request for adjustment. There shall
be no retroactive adjustment for user charges imposed before the filing
of the request.
[5-15-2007; 6-17-2008; 2016 Code]
The services provided for by this chapter shall be billed each
calendar quarter and the water utility billing procedures shall apply
to such bills.
[5-15-2007; 2016 Code]
The city shall separately account for the storm water utility
finances. The storm water utility manager 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 storm
water utility. The budget is subject to approval by the council. Any
excess of revenues over expenditures in a year shall be deposited
in a storm water maintenance fund, which will be used to defer the
costs of capital improvements or to retire debt.
[5-15-2007; 2016 Code]
The provisions of this chapter shall be interpreted liberally
to secure the ends sought hereby and shall not be considered a limitation
or repeal of any other power granted by law.
[9-5-2006; 5-15-2007; 2016 Code]
If any section, provisions or portion of this chapter is adjudged
unconstitutional or invalid by a court, the remainder of this chapter
shall not be affected thereby.
