City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 8-14-2001 by Ord. No. 2147.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 80.
Erosion control — See Ch. 110.
Stormwater runoff — See Ch. 226.
Subdivision of land — See Ch. 235.
Zoning — See Ch. 275.
[1]
Editor's Note: This ordinance also repealed former Ch. 65, Stormwater Utility, created 3-13-2001 by Ord. No. 2133. Ord. No. 2298, adopted 1-10-2006, changed the title of this chapter from “Stormwater Utility” to its current title.

§ 65-1 Findings and necessity.

The management of stormwater and other surface water discharges within and beyond the City of New Berlin 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 stormwater affects the sanitary sewer utility operations of the City by, among other things, increasing infiltration and inflow to the sanitary sewer. In addition, surface water runoff creates erosion of lands, damages to businesses and residences, and creates sedimentation and other environmental damage within the City of New Berlin. In order to protect the health, safety and welfare of the public, the City of New Berlin is exercising its authority to establish a stormwater utility. The City is acting under the authority of Chapters 62 and 66, Wis. Stats., including, but not limited to the following statutes: §§ 62.04, 62.11, 62.16, 62.175, 62.18, 66.0621, 66.0809, 66.0811, and 66.0821.

§ 65-2 Management.

[Amended 1-10-2006 by Ord. No. 2298; 3-28-2006 by Ord. No. 2306]
There is hereby established a City of New Berlin Stormwater Utility, which shall be known as the “Water Resource Management Utility of the City of New Berlin,” to be managed and operated by the Director of Community Development or his designee (hereinafter referred to as “Director”), subject to the supervisory control of the Water Resource Management Committee. The City shall separately account for the Water Resource Management Utility’s finances. The Water Resource Management Utility shall prepare an annual budget which is to include all operation, maintenance costs, costs of borrowing and other costs related to the operation of the Water Resource Management Utility. This budget is subject to the approval by the Common Council. Any excess of revenues or over-expenditures in the fiscal year will be deposited into a Water Resource Management Utility Maintenance Fund, which will be used to defer the costs of capital improvements and/or to retire debt.

§ 65-3 Authority.

[Amended 1-10-2006 by Ord. No. 2298]
The Water Resource Management Utility may acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, conduct, manage and finance such facilities as are deemed by the Utility to be proper and reasonably necessary for a system of storm and surface water management. These facilities may include, without limitation by enumeration, surface and underground drainage facilities, sewers, watercourses, retaining walls and ponds, and such other facilities as will support a stormwater management system.

§ 65-4 Definitions and word usage.

A. 
For the purpose of this chapter, the following definitions shall apply: words used in the singular shall include the plural; words used in the present tense shall include the future tense; the word "shall" is mandatory and not discretionary; the word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.
B. 
Unless the context specifically indicates otherwise, the meaning of terms used in the context of the Water Resource Management Utility shall be as follows:
[Amended 1-10-2006 by Ord. No. 2298]
DIRECTOR
The Director of Community Development, or his designee.
[Amended 3-28-2006 by Ord. No. 2306]
EQUIVALENT RUNOFF UNIT (ERU)
The statistical average horizontal impervious area of single-family homes within the City of New Berlin, which on the date of the adoption of this chapter is based upon study, established to be 4,000 square feet. The horizontal impervious area includes, but is not limited to, all areas covered by structures, roof extensions, patios, porches, driveways and sidewalks.
IMPERVIOUS AREA OR IMPERVIOUS SURFACE
A horizontal surface 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, semi-impervious surfaces such as compacted gravel or clay, as well as streets, roofs, sidewalks, parking lots and other similar surfaces. The Director shall be responsible for determining the impervious area based on the best available information, including, but not limited to, data supplied by the City Assessor, aerial photography, the property owner, tenant or developer. The Director may require additional information as necessary to make the determination. The number of ERU's determined applicable to a property shall be updated by the Director based on any additions to the impervious area.
DUPLEX UNIT
Any residential space identified for habitation attached to only one other residential space or as classified by the City Building Code.[1]
DWELLING UNIT
Any residential space identified for habitation by the City Building Code.[2] A dwelling unit includes, but is not limited to, all duplexes, apartments, residential condominiums and townhouse living units.
MULTIFAMILY UNIT
Any residential space identified for habitation attached to two or more residential spaces or as classified by the City Building Code.[3]
RESIDENTIAL PROPERTY
Any lot or parcel developed exclusively for residential purposes, including, but not limited to, single-family homes, manufactured homes, multifamily apartment buildings and condominiums, and agricultural property that contains a farm residence.
NONRESIDENTIAL PROPERTY
Any developed lot or parcel not exclusively residential as defined herein, including, but not limited to, transient rentals (such as hotels and motels), commercial, industrial, institutional, governmental property and parking lots.
UNDEVELOPED PROPERTY
That which has not been altered from its natural state by the addition of any improvements such as a building, structure, or impervious surface. Vacant land currently in agriculture shall be considered undevelopable property.
[1]
Editor's Note: See Ch. 80, Building Construction.
[2]
Editor's Note: See Ch. 80, Building Construction.
[3]
Editor's Note: See Ch. 80, Building Construction.

§ 65-5 Stormwater service charges.

[Amended 1-10-2006 by Ord. No. 2298; 3-28-2006 by Ord. No. 2306]
The charges to be imposed for water resource management pursuant to these rate classifications shall be made by resolution duly adopted by the Common Council following the recommendation of the Water Resource Management Committee. The rates, following approval by the City Council, will be on file with the Director. The charges for water resource management shall be calculated on an equivalent charge (EC) basis. The EC shall be imposed on all property with an impervious surface. The EC will be calculated on the basis of a typical single-family property (an ERU). Other classifications of property will be charged multiples of the EC based on the ERU calculation for that property.

§ 65-6 Water resource management charge; payment.

[Amended 1-10-2006 by Ord. No. 2298; 3-28-2006 by Ord. No. 2306]
The charges established hereunder shall be billed to the Water Resource Management Utility customer, at the same time and in the same manner as the sanitary sewer or water bill. The property owner shall be the ultimate responsible party for payment of the Water Resource Management Utility charge. A water resource management bill shall be sent in a like manner to any property not taking service from the sanitary sewer or water utility. Failure to pay the charges when due will subject the owner to such penalties as are established by state law and/or the Council, including those penalties set forth in § 267-3D, and may result in the charges being assessed as a lien against the property pursuant to § 66.0821, Wis. Stats.

§ 65-7 Water resource customer classification.

[Amended 3-28-2006 by Ord. No. 2306]
For purposes of imposing the water resource management charges, all lots and parcels within the City are classified into the following five customer classes:
A. 
Customer classifications.
(1) 
Residential - Single Family: which by definition is one ERU and which shall be charged one equivalent charge (EC).
(2) 
Residential - Duplex: The equivalent charge (EC) imposed for a duplex residential property shall be the fee for 0.7 of one EC per each individual dwelling unit existing on the property; i.e., Duplex Charge (per building) = EC fee X (sum of number dwelling units X .7).
(3) 
Residential - Multifamily: The equivalent charges (EC) imposed for multifamily residential properties shall be the fee for one EC, 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., Multifamily Charge (per building) = EC fee X (total impervious area ÷ 4,000 square feet).
(4) 
Residential - Condominium: The equivalent charges (EC) imposed for condominium residential properties shall be an equal allocation of the charge assigned to the entire condominium development determined by multiplying the fee for one EC 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., Condominium Charge (per unit) = EC fee X [(total impervious area ÷ 4,000 square feet) ÷ the number of condominium dwelling units in the complex].
(5) 
Nonresidential: The equivalent charges (EC) imposed for nonresidential properties as defined herein shall be the fee for one EC, 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 Charge (per property) = EC fee X (total impervious area ÷ 4,000 square feet).
B. 
Minimum charge. The minimum ERU calculations for any customer other than undeveloped properties shall be not less than the rate of 3/10 of one ERU.

§ 65-8 Appeal of charge; adjustment.

[Amended 1-10-2006 by Ord. No. 2298; 3-28-2006 by Ord. No. 2306]
A. 
The City Council shall adopt, by separate resolution, criteria recommended by the Water Resource Management Committee for providing adjustments so as to account for water resource management facilities that are properly maintained and which:
(1) 
Reduce the stormwater runoff rate to the municipal stormwater system.
(2) 
Reduce the amount of pollutant loading to the municipal stormwater system.
B. 
No adjustments shall be considered for structural or nonstructural best management practices that are required in order to comply with any local, state, or federal regulation, such as New Berlin Stormwater Ordinance,[1] NR 216, Chapter 30 and NR 103.
[1]
Editor's Note: See Ch. 226, Stormwater Runoff.
C. 
No adjustments shall be considered for any natural features, such as but not limited to wetlands, lakes and floodplains or water impoundment of any kind in existence prior to passage of this chapter.
D. 
Director's review procedure.
(1) 
A customer may request an informal review of classification and ERU determination with the Director, who shall meet with the customer per the resolution regarding adjustments duly adopted by the Council.
(2) 
Following informal review with the Director, a customer may request an adjustment to classification and/or ERU determination under § 65-7 within 30 days of receipt of the Director's classification and ERU determination by submitting a written request to the Water Resource Management Committee asking for a review of the classification and/or ERU determination.
(3) 
The Director shall provide to the Water Resource Management Committee a written explanation as to the customer's classification and ERU determination within 30 days of receipt of the request for an adjustment. The explanation shall be sent to the customer requesting an adjustment.
(4) 
Within 30 days of receipt of the Director's explanation, the customer may appeal the Director's classification and ERU determination to the Water Resource Management Committee by filing with the City Clerk a written request for appeal.
(5) 
The Water Resource Management Committee shall hear the appeal within 45 days of the receipt of the written request for appeal. The Water Resource Management Committee shall hold a contested case hearing to determine whether the classification and/or ERU determination is fair and reasonable or whether a modification to the classification and/or ERU is warranted. The Water Resource Management Committee shall determine whether the Director's determination shall be approved, modified or rejected. The determination of the Water Resource Management Committee shall be filed within 10 days of the hearing, in writing, and set forth in detail the reason or reasons for its decision and shall inform the customer.
E. 
Application of adjustment. There shall be no retroactive adjustment for user charges imposed prior to the granting of the request.
F. 
As a condition precedent to challenging any water resource customer classification, all charges must be paid under protest to the City. Failure to comply with Subsection D waives all right to challenge the classification.

§ 65-9 Interpretation.

This chapter shall be interpreted liberally to secure the ends sought hereby.

§ 65-10 Water Resource Management Committee.

[Added 2-8-2005 by Ord. No. 2259; amended 1-10-2006 by Ord. No. 2298]
The Water Resource Management Committee shall consist of five members, including the Mayor, three members, of the Common Council appointed by the Common Council President and one citizen member to be appointed by the Mayor, for terms of two years each. The Committee shall have the powers and duties as prescribed in Chapter 65, Water Resource Management Utility of this Code.