A.
The Stormwater Utility finances shall be accounted for in a separate
Stormwater Utility Enterprise Fund by the City. 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 Common Council.
A.
Every person shall pay the applicable Onalaska stormwater service
charge when due for each property by that person.
B.
The basis for computations of the charge for stormwater services
to lots and parcels of land within the City is established under this
section. The amount of charge to be imposed, the establishment of
formulas for the calculation of charges, the creation of customer
classifications for the imposition of charges, and changes in such
charges, formulas and customer classifications shall be consistent
with this section. Each year the Common Council shall determine the
value of one ERU based upon the applicable year's adopted City Budget
and this section, and shall certify such value to the City Clerk/Treasurer
and Common Council. All charges established pursuant to this section
shall be fair and reasonable. A schedule of current charges shall
be maintained and on file in the Department of Public Works.
C.
Charges shall be imposed to recover all or a portion of the costs
of the Stormwater Utility. Such charges may include, but are not limited
to, the following components:
1.
Base component. The base component shall include the
Stormwater Utility's estimated annual administrative and management
costs, water quality costs, and other costs not in the components
described below. The base rate shall be calculated by taking the sum
of all base component costs and dividing that by the estimated number
of billable ERUs.
2.
Operations and maintenance component. Operation and
maintenance component shall include the Stormwater Utility's estimated
annual operation and maintenance costs for the City's stormwater management
system. The operation and maintenance rate shall be determined by:
a.
Taking the sum of all operation and maintenance component costs;
b.
Dividing that amount by the ERUs remaining after the ERUs that
the City, upon user application, has determined need not pay operation
and maintenance Component costs; and
c.
Making appropriate adjustments to the rate to account for factors
such as changes in stormwater reserves.
3.
Capital and debt service component. Capital and debt
service component cost shall include the capital costs and debt service
payments for the City's stormwater conveyance system, including retention
and detention facilities. The capital and debt service rate shall
be determined by:
a.
Taking the sum of all capital and debt service component costs;
b.
Dividing that amount by the ERUs remaining after the ERUs which
the City, upon user application, has determined need not pay capital
and debt service component costs; and
c.
Making appropriate adjustments to the rate to account for factors
such as changes in stormwater reserves.
D.
Credits or adjustments may be available to individual property owners
in the nonresidential and multifamily customer classes. It shall be
the burden of the property owner to request such a credit and to demonstrate
that the property owner has met the requirements as listed in the
Stormwater Utility credit policy to a reasonable degree of certainty
with evidence that a fee adjustment is warranted. The credits or adjustments
shall be applied to the operation and maintenance component costs
and the capital and debt service component costs. The base component
shall be charged to all properties regardless of credits unless the
property is regulated by a separate municipal stormwater discharge
permit (WPDES). The Stormwater Utility credit policy, as issued by
the City of Onalaska Common Council, shall be applied to all credit
applications. All applications for credit or adjustments shall be
reviewed by the City Engineer, and the City Engineer may reduce the
measured impervious area after taking into consideration the demonstrated
reduction in stormwater volume. Credits or adjustments may be applied
to applicable properties based upon the following criteria:
1.
An adjustment may be applicable in some or all of a customer's property,
provided:
a.
Stormwater runoff from the property does not discharge directly
or indirectly to or through any form of conveyance system owned or
operated by the Stormwater Utility; and
b.
The drainage from the property is not in violation of any environmental
code or federal, state or local surface water drainage requirements.
2.
Credits may be granted to owners of properties who have significantly
reduced the impacts of stormwater discharge or stormwater quality
to the Stormwater Utility system. Owners of property which discharge
all or a portion of their stormwater into privately owned and maintained
retention and detention ponds shall receive a prorated credit to the
number of ERUs assigned to their property as outlined in the Stormwater
Utility credit policy. No owner may be given a credit in excess of
50% of their total number of ERUs for the operation and maintenance
component and capital and debt service component.
3.
Prior to receiving a credit or adjustment, the City Engineer or designee
shall be allowed access to the property to determine the amount of
credit or exemption to be granted.
A.
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 City 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 section. The implementation of stormwater charges
shall commence as set forth in this section.
A.
The Stormwater Utility billing schedule shall be set by the Utility
Committee and approved by the Common Council.
A.
Stormwater Utility charges shall be payable upon receipt, subject
to the provisions of this section.
B.
Stormwater Utility charges shall not be payable in installments.
C.
Charges remaining unpaid for a period of 20 days or more from the
date of the utility bill shall be assessed a late payment penalty
charge of 3% of the amount billed, in addition to all other charges,
penalties or interest, when the delinquent charge is extended upon
the tax roll.
D.
If a charge and/or late penalty remains unpaid for a period of 20
days after the date of the utility bill, such charge and penalty shall
become a lien upon the real property to which it applies, as provided
in §§ 66.0821 and 66.0809, Wis. Stats., and other applicable
provisions of the Wisconsin Statutes, as from time to time amended
or renumbered.
E.
Delinquent charges and penalties shall be automatically extended
upon the next available tax roll as a delinquent tax against the real
property, and all proceedings relating to the collection, return and
sale of property for delinquent real estate taxes shall apply to such
charges.
A.
The land rights and improvements of the City, or such rights determined
to exist, for the following components of the public stormwater system
are hereby transferred to the land assets of the Onalaska Stormwater
Utility.
B.
Upon adoption of this ordinance codified in this chapter, the Stormwater
Utility shall assume any future debt obligation for stormwater drainage
and quality control purposes.
