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 10-10-2000 by Ord. No. 2124 as Secs. 11.095 and 11.10 and Ch. 13 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 80.
Plumbing standards — See Ch. 193.
Streets and sidewalks — See Ch. 230.
Subdivision of land — See Ch. 235.

§ 267-1 Operation of Water Utility.

A. 
Management. The Water Utility of the City shall be managed and operated by the Water Utility Manager subject to the supervisory control of the Utility Committee.
B. 
Duties and powers. The Utility Committee shall take charge and manage the Water Utility of the city. The Committee shall have charge of construction, extension and improvement of the Water Utility, subject to the powers and jurisdiction fixed by law, City ordinances and the Public Service Commission. The Water Utility Manager shall take charge of the operation and maintenance of the Water Utility. The Utility Committee may prepare and adopt plans, designs and specifications for buildings, machinery, apparatus and the laying of mains and appliances required for the proper functioning of the Utility. The Utility Committee shall have such other powers and duties as may be granted to it by law or City ordinance.
C. 
Limitation of powers. Consent of the Council shall first be required for the following:
(1) 
Where a capital investment requires the borrowing of money which will become a general obligation of the city.
(2) 
In the purchasing of sites (all sites and property shall be in the name and title of the city).
(3) 
In the construction of buildings.
(4) 
In the purchase of equipment, machinery or apparatus not budgeted.
(5) 
In the expenditure of any funds not budgeted.
(6) 
In requesting water rate adjustments through the Public Service Commission.
D. 
Accounts. Books of account shall be kept in the manner and form prescribed by the Public Service Commission and shall be open to public inspection, at the place prescribed by the Utility Committee. All accounts shall be audited by the Utility Committee and approved by same.
E. 
Receipts. All receipts of the Water Utility shall be deposited with the Director of Finance and Administration who shall be the appointed bonded cashier for the Utility Committee. Such bonding shall be not less than $5,000, approved by the Utility Committee and paid for by the Water Utility. A separate fund of all such receipts shall be kept and maintained at financial institution(s) designated by the Utility Committee.
[Amended 7-23-2002 by Ord. No. 2180]
F. 
Expenses and disbursements. All Water Utility department expenditures shall be approved by the Water Utility Manager and forwarded to the Utility Committee for final approval of the City Council. These shall be paid by the City Clerk and Director of Finance and Administration as provided in § 66.0607(3), Wis. Stats., in the following manner: Order check shall be issued by the City Clerk, upon the filing with the City Clerk of certified and approved bills, vouchers or schedules signed by the Utility Manager, giving the name of the claimant or payee and the amount and nature of each payment. In addition to the procedure for payment of expenditures set forth above, the procedure for approval and payment of claims as set forth in Chapter 33, Finance, § 33-7, of this Code may be utilized by the City Clerk. The Utility Committee shall not contract any liability in excess of its budget and such other income as shall be received by the Utility Committee.
[Amended 7-23-2002 by Ord. No. 2180]
G. 
Utilization of City employees. The Utility Committee, when necessary, may utilize the services of the City Engineer, City Attorney and other officials and employees of the city. All City officials and employees performing services for the Water Utility shall present properly documented monthly statements to the Water Utility for approval. The general fund of the City shall be reimbursed by the Water Utility for the cost of such services by City officials and employees. The basis for such service shall be as mutually agreed upon or determined by the Council.
[Amended 6-19-2001 by Ord. No. 2142]
H. 
Rules; compliance.
(1) 
The Utility Committee may make all necessary rules governing its own proceedings and for the governing of the Water Utility, which rules shall not contravene any state laws or City ordinances. Furthermore, all persons not receiving a water supply from the Water Utility, or who may hereafter make application therefor, shall be considered as having agreed to be bound by the rules and regulations as filed with the Public Service Commission and the provisions of this chapter.
(2) 
Public Service Commission rules adopted. The following provisions of Ch. PSC 195, Wis. Adm. Code, are adopted by reference and made a part of these rules as if set forth in full. A violation of any such rules shall constitute a violation of this section and shall be punishable as provided in Chapter 1, General Provisions, § 1-18 of this Code.
Sec. 185.11
Authorization for and Application of Rules.
Sec. 185.12
Definitions.
Sec. 185.13
General Requirements.
Sec. 185.15
Free or Discriminatory Service Prohibited.
Sec. 185.16
Protection of Utility Facilities.
Sec. 185.17
Interference with Public Service Structures.
Sec. 185.18
Location of Records.
Sec. 185.19
Retention of Records.
Sec. 185.21
Schedules to be Filed with the Commission.
Sec. 185.22
Information Available to Customers.
Sec. 185.31
Metered Service.
Sec. 185.32
Meter Readings and Billing Periods.
Sec. 185.33
Billing.
Sec. 185.35
Adjustment of Bills.
Sec. 185.36
Deposits.
Sec. 185.37
Disconnection and Refusal of Service.
Sec. 185.38
Deferred Payment Agreement.
Sec. 185.39
Dispute Procedures.
Sec. 185.41
Employees Authorized to Enter Customers' Premises.
Sec. 185.42
Customer Complaints.
Sec. 185.43
Construction Records.
Sec. 185.44
Records and Reports of Service Interruptions.
Sec. 185.45
Pumpage Records.
Sec. 185.46
Meeting Equipment Records.
Sec. 185.47
Other Records.
Sec. 185.51
Requirement for Good Engineering Practice.
Sec. 185.52
Construction Standards.
Sec. 185.61
Meters.
Sec. 185.65
Accuracy Requirements for Customer Meters.
Sec. 185.71
Meter Testing Facilities and Equipment.
Sec. 185.72
Calibration of Meter Testing Equipment.
Sec. 185.73
Testing of Customer Meters.
Sec. 185.74
Test Flows.
Sec. 185.75
Required Tests of Customer Meters.
Sec. 185.76
Periodic Tests.
Sec. 185.77
Complaint Tests.
Sec. 185.78
Referee Tests.
Sec. 185.79
Testing of Metering Installations Having Remote Registers.
Sec. 185.795
Jumpering Meter Settings.
Sec. 185.81
Quality of Water.
Sec. 185.815
Adequacy of Water Supply.
Sec. 185.82
Pressure Standards.
Sec. 185.83
Station Meters.
Sec. 185.84
Emergency Operation.
Sec. 185.85
System Losses.
Sec. 185.86
Flushing Mains.
Sec. 185.87
Operation of Distribution System Valves and Hydrants.
Sec. 185.88
Interruptions of Service.
Sec. 185.89
Thawing Frozen Services.
I. 
Report to Council. The Utility Committee shall submit to the Council, on or before July 1 of each year and at such other times as may be directed by the Council, an audited financial report prepared by an independent certified public accountant for the preceding year and such other information as may be determined by it, essential to inform the Council of the conditions of the Water Utility.
J. 
Budget. Prior to October 1 of each year the Utility Committee shall submit to the Council for approval its budget of estimated expenditures for the ensuing year.

§ 267-2 Operation of Sewer Utility.

The Sewer Utility of the City shall be managed and operated by the Utility Committee and respective utility manager in accordance with the provisions of § 267-1B through J of this chapter.

§ 267-3 Sewerage service charges.

A. 
Incorporation of district rules and regulation. The provisions of Ordinance 549, adopted December 27, 1978, which confirms, ratifies and modifies a system of sewer rates based on user charges, are adopted by reference and made a part of this chapter as if fully set forth herein.
B. 
Industrial wastes; deleterious sewage.
(1) 
No industrial wastes shall be discharged, either directly or indirectly, into the sewerage system without the prior written approval of the Council. No sewage, including industrial wastes, shall contain any substance which is deemed deleterious by the City Engineer to the operation of the sewerage system, nor shall any sewage be discharged into the sewerage system, the discharge of which into the sewers controlled by the Metropolitan Sewerage District is prohibited by the provisions of Article XI of the Rules of the Sewerage Commission of the City of Milwaukee and the Metropolitan Sewerage Commission of the County of Milwaukee.
(2) 
If a user of the sewerage system discharges prohibited sewage, he shall be given written notice to cease the prohibited discharge. If, after 10 days' notice, such user continues the prohibited discharge, he shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.
(3) 
The City Engineer, being guided by the standards adopted in Article XI of the Rules of the Sewerage Commission of the City of Milwaukee and the Metropolitan Sewerage Commission of the County of Milwaukee, may require the owner, operator or tenant of any industrial plant or other establishment discharging, or proposing to discharge, industrial wastes into the sewerage system to provide at such user's expense such preliminary treatment or handling facilities as may be necessary to reduce or modify the objectionable characteristics or constituents or to control the quantity and rate of discharge of such industrial wastes, provided the Council may direct that industrial wastes be accepted without pretreatment or other handling by the industrial users of the sewerage system and may provide in lieu thereof for an additional charge to meet the additional cost of the city's acceptance of such untreated sewage.
C. 
Sewerage service charges; rates.
(1) 
All sewer users shall be charged their fair share of all operation and maintenance costs, including replacement costs, as well as a portion of or all costs associated with debt retirement of bonded capital or other financing for the New Berlin sewerage system which the City may designate to be paid by the user charge system. A sewage service charge is hereby imposed upon each lot, parcel of land, building or premises served by the sewerage system or otherwise discharging sewage, including industrial wastes, into the sewage system. Such total sewage service charge to be imposed includes the following user charges:
[Amended 8-11-2009 by Ord. No. 2410]
(a) 
Those user charges previously confirmed, ratified and modified in Subsection A which are intended or required by a final order to be paid for Milwaukee Metropolitan Sewerage District billed operation and maintenance costs, and also includes similarly required charges to recover annual MMSD capital recovery charges, local O&M costs and local capital recovery charges.
(b) 
Those user charges previously confirmed, ratified and modified which are intended or required by a contract with another sewage service provider for billed operation and maintenance costs, and also includes similarly required charges to recover operation and maintenance costs for the treatment provider, local O&M costs, local capital recovery charges as well as an administration fee for the reasonable costs of billing and collecting the sewer service charges as provided for hereunder. Said administration fees shall be established from time to time by resolution of the Common Council based upon the sewer utility’s actual cost of providing the services. It is intended that this sewerage charge shall satisfy the utility’s contractual commitment for sewer service charges necessary to serve the subject properties.
(2) 
Such total sewage service charge shall be divided into a volumetric charge which is based on gallons of sewage treated and a flat fixed charge which is assessed to each lot or building. The fixed charge is imposed equally per lot on a systemwide basis. The volumetric rate for 1,000 gallons of domestic wastestrength sewage treated is likewise uniformly imposed on a systemwide basis, irrespective of sewer service area. Because of the large proportion of residences without an available water meter or other suitable measuring device, average quarterly sewer flow per residence, based on average household population, shall be as annually estimated by MMSD for the city, unless the City shall decide to use some other basis. The resulting calculated volumetric charge shall be uniformly imposed on a systemwide basis, regardless of location within the city. For industrial wastestrength sewage, volumetric charges shall be as individually billed for treatment plus all other charges as detailed hereafter.
(3) 
Definitions and word usage.
(a) 
Unless the context specifically indicates otherwise, the meaning of terms used in this section shall be as follows:
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter (mg/l).
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than 310 mg/l and a total suspended solids concentration of not more than 37.0 mg/l.
O&M (denoting "operation and maintenance")
All expenditures during the useful life of the sewage system for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage system to achieve the capacity and performance for which such system was designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the sewage system to maintain the capacity and performance for which such works were designed and constructed. The general term "operation and maintenance" includes replacement.
RESIDENTIAL CUSTOMER
Any contributor to the city's treatment works whose building is used for domestic dwelling purposes only, the building accommodating exclusively one or two residential units.
SEWAGE SYSTEM or SEWERAGE SYSTEM
Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.
SS or TSS (denoting "suspended solids")
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
USEFUL LIFE
The estimated period during which a treatment works or component parts will be operated.
USER CHARGE
That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the sewerage system.
WATER METER
A water volume measuring and recording device, furnished and/or installed by the City or furnished and/or installed by a user and approved by the city.
(b) 
"Shall" is mandatory; "may" is permissive.
(4) 
The user charge system shall generate adequate revenues to pay all annual operation and maintenance costs, including replacement costs, and a portion of or all costs associated with debt retirement of bonded capital associated with financing the sewerage system which the City may designate to be paid by the user charge system.
(5) 
That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in Subsection C(7) below shall be deposited in a separate, nonlapsing fund known as "Operation, Maintenance and Replacement Fund" and will be kept in two primary accounts as follows:
(a) 
An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the sewerage system works (operation and maintenance account).
(b) 
An account designated for the specific purpose of ensuring replacement needs over the useful life of the system (replacement account). Deposits in the replacement account shall be made quarterly from the operation, maintenance and replacement revenue. The equipment replacement fund provision shall be calculated in the annual user charge rate report, otherwise known as "Appendix A" of this section, and the quarterly deposit will be 1/4 of this calculated amount.
(6) 
Beginning with the 1985 fiscal year, year-end balances in the operation and maintenance and the replacement accounts shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement funds shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate shall be adjusted such that the transferred moneys will be returned to their respective accounts within the fiscal year following the fiscal year in which the moneys are borrowed.
(7) 
Each user shall pay for the services provided by the New Berlin Sewer Utility based on the user's use of the sewerage system as determined by current quarterly water meter reading and, in the case of residential users, by annual estimation. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user may take steps to become discharge certified so that only net gallonage is used as a basis for sewerage charges.
(a) 
Necessary volumetric and fixed connection rates shall be calculated and set by the City Council annually in a user charge rate report (hereinafter known as "Appendix A" of this section). A copy of this report shall be on file in the office of the City Engineer. Appendix A shall outline the methodology used in calculating the user charge rate, and shall be a step-by-step reference on how the user charge rate is calculated. In the methodology to be used, the costs of operation and maintenance for all flow not directly attributable to users (infiltration/inflow) shall be distributed among all users under a reasonable system which combines flow volume and number of hookups to the system.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Using this methodology, any surplus or deficient revenues from volumetric charges or from fixed connection charges shall be considered in reducing or increasing the succeeding year's user charge volumetric or connection rates beginning with any surplus from the 1985 fiscal year. The user charge report shall also contain an annual provision for equipment replacement. For those who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected for sewage treatment. The systemwide surcharge for operation and maintenance shall be determined by the City after consideration of MMSD information, based on cost to remove BOD and SS as detailed in the annual MMSD Cost Recovery Procedures Manual, and the City may change it from time to time.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
No additional surcharge shall be imposed for local conveyance O&M for industrial wastestrength sewage, except that any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the sewerage system shall pay for such increase costs. The charge to each user shall be determined by the City Engineer and approved by the City Council.
(d) 
The City Council shall use the information from the annual user charge report to adjust the sewer service charges to recover all operation and maintenance expenses. The City Council may also amend the rate to recover any or all capital recovery expenses.
(8) 
The City shall review the user charge system annually and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation, maintenance and replacement and that the system continues to provide for the proportional distribution of such costs among users and user classes.
(9) 
The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance, including replacement costs among users and user classes.
(10) 
Each industrial user not served by the water utility shall provide a meter which reflects, with reasonable accuracy, the quantity of sewage to flow into the sanitary sewer from each of its lots, parcels of land, buildings or premises. This meter shall be provided at the user's expense.
(11) 
If any user has a water use which is not diverted to the sanitary sewer, the use may be measured at the point of discharge by a measuring device installed by the owner at its expense after approval of such installation and the device used by the Plumbing Inspector. The water so measured shall not be considered in arriving at the flow charge for sanitary sewerage services.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(12) 
The sewer service charge for a buildable vacant lot or parcel of land shall be assessed for each lateral if the vacant lot or parcel of land is served by one or more sewer laterals. If a vacant lot or parcel of land cannot be developed or built upon for any reasonable residential, commercial or industrial purpose as set forth in Chapter 275, Zoning, that vacant lot or parcel of land will not be required to pay a sewer service charge as long as the lot remains nonbuildable. Should the vacant lot or parcel of land be determined to be buildable at a later date for whatever reason, then a sewer service charge will be assessed for each available lateral from the time that determination is made. If an owner of a nonbuildable vacant lot or parcel of land had laterals installed or has been assessed for the laterals, the owner will not be refunded those assessed costs. Correspondingly, any quarterly sewer service charges paid prior to the effective date of this subsection or the date of determination of nonbuildability, whichever is later, will not be refunded. Under no circumstances shall this subsection be interpreted to require payment of any refund by the city.
(13) 
If a parcel of land has a structure connected to the sewer system and a second lateral is also available, but is unused, and the parcel of land cannot be subdivided, the owner of the parcel of land will not be required to pay a sewer service charge as long as the lot remains undivisible. If the parcel of land becomes dividable, then the owner of the parcel of land will be required to pay a sewer lateral availability charge. The owner of the parcel will not be refunded any assessed costs or any quarterly sewer service charges paid prior to the effective date of this subsection or the date of determination of undivisibility, whichever is later. Under no circumstances shall this subsection be interpreted to require payment of any refund by the city.
D. 
Sewerage service charge; payment.
(1) 
Bills for sewerage service are rendered quarterly and become due and payable on the first day of the month following the period for which service has been rendered. A late payment charge of 1.5% per month of any outstanding bill not paid within 20 days of issuance will be added to all overdue bills. Such late payment charge is incurred as of the first day of each month during which the payment is late and shall not be prorated.
(2) 
If sewerage service charges, together with penalties, if any, are not paid on or before the 15th day of November of each year, they shall be placed on the tax roll and shall be collected along with a penalty the same as other taxes are collected.
(3) 
Except for the calendar quarter in which initial hookup to sewer occurs, sewerage service charges shall not be prorated. When initial hookup to sewerage service occurs, sewerage service charges shall be prorated for the calendar quarter in which such service commences, computing such charge to the first day of the month nearer the date of initial hookup.
E. 
Charges a lien. All charges established by or pursuant to this section shall be a lien upon the property served pursuant to § 66.0821(4)(d), Wis. Stats., and shall be collected in the manner therein provided.
F. 
Disposition of revenue. The amounts received from the collection of charges authorized by this section shall be credited to a sanitary sewerage account which shall show all receipts and expenditures of the sewerage system. When appropriated by the Council, the credits to such account shall be available for the payment of the requirements for operation, maintenance, repairs and depreciation of the sewerage system. Any surplus in the account shall be available for the payment of principal and interest of bonds issued and outstanding, or which may be issued to provide funds for the sewerage system or part thereof, and all or a part of the expenses for additions and improvements and other necessary disbursements or indebtedness, and the Council may, by resolution, pledge such surplus or any part thereof for any such purpose.

§ 267-4 Special assessment policy and procedure.

A. 
Special assessment policy and procedure.
(1) 
Method selected. The City adopts and incorporates § 66.0703, Wis. Stats., as the methodology for the imposition of special assessments, reserving the right by resolution, to employ such alternate method of assessment as allowed by § 66.0701, Wis. Stats., either methodology to be applied in connection with the provisions of this section. The City shall from time to time adopt a policy and procedure to be employed in the implementation of the provisions of this section, which policy and procedure shall be followed to the fullest extent reasonably practicable and to the fullest extent that such policy and procedure is consistent with this section and the laws of the State of Wisconsin pertaining to assessments.
(2) 
Preliminary resolution. Whenever the Council shall determine that a public work or improvement shall be funded in whole or in part by special assessments levying under this section, it shall adopt a preliminary resolution setting forth the following:
(a) 
The City Clerk shall cause notice to be given by mailing a copy of the preliminary resolution, at least 14 days before the proceeding is to be undertaken by the Council, to every affected person whose post office is known, or can be ascertained with reasonable diligence. The notice shall state the place and time at which all persons interested, or their agents or attorneys, may appear before the Council and be heard concerning the matters contained in the preliminary resolution. Included with such notice, the City Clerk shall advise that the special assessment policy and procedures as adopted from time to time by the Common Council, and as incorporated by reference in this Code, are available at the office of the City Clerk for inspection.
(3) 
Report of City Engineer.[1]
(a) 
Whenever the Council, by preliminary resolution, directs the City Engineer to prepare a report, the City Engineer shall prepare a report pursuant to § 66.0703(5), Wis. Stats.
(b) 
Upon completion of the report, the City Engineer shall file a copy of the report with the City Clerk for public inspection pursuant to § 66.0703(6), Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Incorporation of statutory provisions. The provisions of § 66.0703, Wis. Stats., including those related to notice, hearing and the adoption of a final resolution, shall, to the extent not inconsistent with this section, apply to special assessments levied under this section.
(5) 
Notice of hearing. Upon the completion of the report required in Subsection A(3) above, the City Clerk shall cause notice to be given stating the nature of the proposed public work or improvement, the general boundary lines of the proposed assessment district, including a map thereof, the place and time at which the report may be inspected, the place and time at which all persons interested, or their agents or attorneys, may appear before the Council or Board of Public Works and be heard concerning the matters contained in the preliminary resolution and the report. Such notice shall be published as a Class I notice, under Chapter 985, Wis. Stats.,in the city. A copy of such notice shall be mailed, at least 10 days before the hearing, to every affected person whose post office is known, or can be ascertained with reasonable diligence. The hearing shall commence not less than 10 and not more than 40 days after publication.
(6) 
Final resolution levying assessments.
(a) 
After hearing persons interested in the proposed assessment levy, the Council may approve, disapprove, or modify the proposed assessments, or it may refer the report to the City Engineer with such direction as it deems necessary to change the plans and specifications and to accomplish a fair and equitable assessment. Upon approval of the report of the City Engineer, the Council shall adopt a resolution directing that such work or improvement be carried out in accordance with the report as finally approved and that payment thereafter be made as therein provided as set forth in § 66.0703(8), Wis. Stats.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
The City Clerk shall publish the final resolution and mail a copy of such resolution to every interested person in accordance with § 66.0703(8), Wis. Stats.
(7) 
Waivers. The Council may, without any notice or hearing hereunder, levy and assess the whole or any part of the cost of any municipal work or improvement as a special assessment upon the property benefited thereby whenever notice and hearing thereon is, in writing, waived by all the owners of property affected by such special assessment, as provided by § 66.0703(7)(b), Wis. Stats.
(8) 
Laterals and service pipes. Whenever the Council shall by resolution require laterals or service pipes as provided by § 66.0911, Wis. Stats., to be constructed from the lot line or near the lot line to the main, or from the lot line to the building to be serviced, or both, it may provide that when the work is done by the City or under a City contract, a record of the cost of constructing such laterals or service pipes shall be charged and be kept and such cost, or the average current cost of laying such laterals or service pipes, shall be charged and be a lien against the lot or parcel served.
(9) 
Special charges. Special charges for current services rendered may be imposed by the Council pursuant to § 66.0627, Wis. Stats.
(10) 
Lien. Every special assessment levied under this section shall be a lien against the property assessed from the date of the final resolution of the Council determining the amount of such levy.
(11) 
Appeal. Any person against whose land a special assessment is levied under this section may appeal therefrom in the manner prescribed in § 66.0703(12), Wis. Stats., within 90 days of the date of mailing the final resolution pursuant to adoption by the Council.
(12) 
Special assessment deferrals permitted. A deferral of any special assessment charge may be granted by the Common Council at the time of the adoption of the final resolution.
B. 
Sewer and water main connection charge. A sewer and water main connection charge is hereby imposed upon each lot, parcel of land or premises abutting upon any sewer and water main against which no assessment was made in connection with the construction and installation of such sewer or water main unless said connection charge is to be computed pursuant to § 66.0821, Wis. Stats. The amount of such charge shall be computed in a like manner and in the amount as the charges would have been made to owners of property against which a special assessment would have been levied. At the time of availability, the City Engineering Department, or other department as designated by the City Council, shall exercise reasonable effort to notify all owners who are within the area served by the improvement of the existence of this connection charge, the provisions of this section and such other matters as shall be deemed relevant by the Engineering Department or the Council. Sewer or water main connection charges may be paid in full without interest by the owner within 90 days of the time the owner is notified of availability of such service. If not paid within 90 days, interest shall accrue from the date of notice of availability to the date of connection, at which time payment with accrued interest shall be made. If payment with accrued interest is not made at the time of connection, payment shall be made in installments over a period of years identical to the for such project or a term as set by the Council, but not to exceed 20 years with interest on the unpaid balance at a rate determined by the Council. The applicant for service agrees that if such installment payments are not made when due, the same shall be assessed against the real estate served by such sewer or water main and collected the same as other taxes are collected by the city. Upon connection to the public water main, a reserve capacity assessment shall be paid by the applicant.
C. 
Connection to water main.
(1) 
All buildings used for human habitation and located adjacent to a municipal water main, or in a block through which a municipal water main has been extended, may connect to such water main upon notice from the water utility that such water main or mains have been installed and are available for water service. All such water main connections shall be installed in accordance with the rules and regulations of the water utility and the total cost and expense thereof shall be paid by the owner of such premises. At the option of the owner, costs exclusive of lateral charges, meter charges and reserve capacity assessment charges which shall be due immediately may be paid in annual installments over a period of years identical to the repayment period of any loan secured by the City for such project, but not to exceed 20 years as provided in Subsection B above. If an assessment has not been made against the property for installation of the water main, a connection charge shall be made against such property as provided in Subsection B above. If a connection charge is assessed against such property as provided in Subsection B above, the owner of the premises may pay such connection charge as provided in Subsection B above.
(2) 
Each owner of any building constructed hereafter which is or is required to be served by a public water utility shall comply with the provisions of this section.
(3) 
Prior to final approval of construction by the Chief Building Inspector and issuance of any certificate of completion of remodeling, the provisions of this section shall be complied with.
(4) 
Each owner of the premises to whom this section applies shall install or cause to be installed a conduit of at least one-half-inch diameter from the present water meter if such is installed upon the premises or from the area where a water meter would be installed to the exterior of the building where other meters are located, or to be located, or where the owner designates.
(5) 
The requirements of this section shall also apply to owners who remodel existing structures when such remodeling takes place in an area as to permit installation of the conduit as a part of the remodeling project. This determination shall be made by the Chief Inspector.
(6) 
Owners of existing structures shall permit installation as determined by representatives of the City Water Utility.
(7) 
The construction or deepening of private wells is prohibited on any premises to which municipal water service is available. If the owner of any premises to which water service is available shall have his private well fail for want of deepening, or construction of a new private well is required to provide water service to such premises, the owner shall be required to connect to such municipal water system. Such mandatory connection shall not apply if failure occurs to a community well which serves a number of homes in a given area or to a well upon any premises which is utilized for commercial irrigation purposes. All such water main connections shall be installed in accordance with the rules and regulations of the water utility. If no assessment has been made against the property for the installation of a water main to serve such property, a water main connection charge shall be made against such property as provided in Subsection B of this section. This section may be waived by the Common Council at the time of the adoption of the final resolution.
(8) 
All charges established pursuant to this section and § 267-6 shall be a lien upon the property served pursuant to § 66.0821(4)(d), Wis. Stats., and shall be collected in the manner therein provided.

§ 267-5 Water use restrictions.

The Utility Manager is authorized to create, implement and maintain regulations on the outdoor use of water provided by the New Berlin Water Utility as may be necessary to conserve the capacity and pressure of the water supply for the protection of the public health, safety and welfare. These regulations may apply to, but are not limited to, the sprinkling of lawns, gardens, shrubs and trees, car washing, filling of swimming pools, bulk water purchases, and installation of new lawns; designation of the days and/or hours when they may or may not be allowed; prohibition of such uses completely in periods of emergency; irrigation of crops; and for commercial car washes that recycle water. These regulations are subject to approval of the Utility Committee and shall be filed in the office of the City Clerk.

§ 267-6 Reserve capacity assessment.

A. 
Defined. A reserve capacity assessment for municipal water service is the amount reflecting the cost of oversizing of water mains for extended water service and costs for additional wells and storage facilities.
B. 
Charge.
(1) 
There is hereby levied against each parcel of land serviceable by the City water system a charge according to the meter size of the user as set forth in the City Comprehensive Impact Fee Study Addendum A, dated March 1995, and as such report may from time to time be updated.
(2) 
Payment of such reserve capacity assessment shall be made by the owner of the parcel of land to be served by the City water system at the time a plumbing permit is applied for connection to the City water system or increase in meter size.
C. 
Reserve capacity assessment. If a reserve capacity assessment shall be made against a property as herein provided, and the owner thereof shall cause or be required to install a larger meter to serve the property, such owner shall pay an additional reserve capacity assessment equal to the difference between the initial charge and the larger charge required by the larger size meter, based upon the unit charges specified in Subsection B. The reserve capacity assessment shall be a lien against the property served. If a water service larger than the initial installation is required, the additional charge shall be payable by the property owner at the time a request for a plumbing permit is made.
D. 
There is hereby established a Water Facilities Impact Fee Fund. The Water Facilities Impact Fee Fund shall be a segregated interest-bearing account. Funds withdrawn from these accounts must be used in accordance with the provisions of Chapter 80, Building Construction, § 80-3F of the City Code.
E. 
The reserve capacity assessment provided by this section shall apply to lands where the source of water for such lands is provided by water mains or pumping equipment of additions to the reservoir capacity of the water system constructed by the City or the City Water Utility and shall also apply to lands where the source of water for such land has not been provided by the owner of such land or his predecessors in title.
F. 
The reserve capacity assessment provided by this section shall not apply to the following described lands located in the city:
(1) 
Lots in Weatherstone Subdivision and additions thereto not to exceed 310 lots.
(2) 
Land located in the New Berlin Industrial Park developed by the city.
(3) 
Regal Manors Subdivision; Regal Manors West Subdivision; M&I Marshall & Ilsley Bank's commercial parcel lying south of National Avenue and north of Regal Manors Subdivision; Regal Manors North Subdivision; and land owned by M&I Marshall & Ilsley Bank known as Georgetown or Georgetown West Subdivision lying west and north of Regal Manors West Subdivision consisting of 61 acres more or less with a frontage on National Avenue of approximately 1,140.41 feet, a rear width of approximately 948.91 feet, a depth of approximately 2,587.28 feet on the west and a depth of approximately 3,201.66 feet on the east.
G. 
The owner of any parcel of land located in the subdivisions referred to in Subsection F hereof who has previously paid the reserve capacity assessment shall receive a refund thereof, and any such owners who have chosen to defer payment of the assessment by placing such on the tax roll shall have such charge deleted from their real estate taxes.
H. 
Payment of the reserve capacity assessment shall be made by the developer of any subdivision within the City at the time of final approval of the plat. Payment shall be computed on a per lot basis in accordance with the provisions of Subsection B hereof. Where staged development of a subdivision is approved by the City Council, payment of the reserve capacity assessment by the developer may be limited to the area of the subdivision being developed. The entire reserve capacity assessment fee for the first stage is due and payable at the time of final approval of the plat, and the entire assessment fee shall be paid for each phase subsequent to the first stage prior to the start of work on each phase. Where a lot or parcel for which payment has once been made is further divided, a reserve capacity assessment fee shall be required only for the additional lots or parcels created.
I. 
The cost of any improvements under this section to be installed along or in any street, alley or highway, or across or in any lot or parcel of land, shall be charged to the extent of the whole cost thereof to the property benefited thereby, and assessments shall be made against said property under § 66.0617, Wis. Stats. The cost assessed against any property may include, as determined by the Common Council, the direct and indirect cost thereof, the damages occasioned thereby, the interest on bonds or notes issued in anticipation of the collection of the assessments for properties electing an installment plan under § 66.0715(3), Wis. Stats., a reasonable charge for the services of the administrative staff of the City and the cost of any architectural, engineering and legal services, and any other item of direct or indirect cost which may be reasonably attributed to the proposed work or improvement. The amount to be assessed against all property for any such proposed work or improvement shall be apportioned among the individual parcels in the manner designated by the governing body.

§ 267-7 Connection to wastewater mains.

A. 
Required. All buildings used for human habitation and located adjacent to a sewer main shall connect to the main within one year from the date of notice from the City Engineer or his designee that such sewer main has been installed and is available for service. All sewer main connections shall be installed in accordance with the rules and regulations of the City and the total cost therefor shall be paid by the owner of the premises.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Failure to comply. If the owner of any premises to which sewer main connection is required, as provided in this section, fails to make such connection within one year from the date of written notice from the City Engineer or his designee that sewer service is available, the City shall make such connection and the cost and expense thereof shall be assessed as a special assessment against the property for which the sewer connection is made, and such special assessment, together with interest as determined by the City Council, shall be included in and be due and payable in full with the next succeeding tax bill from the City for real estate taxes due on the property, unless the owner elects to pay such special assessment in cash as hereinafter provided. The City Engineer or his designee shall give written notice to the owner at the time such work is completed and the owner may, within 30 days from the date of such notice, pay such assessment in full, with no interest charged.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Reserve capacity assessment. There is hereby levied against each lot or parcel of land serviceable by the City sewer system, but not having an existing connection to the Wastewater Utility, a reserve capacity assessment (RCA) for sewerage service. The purpose of this RCA is to reflect the cost of oversizing of sewage mains and the costs of additional facilities along with direct and indirect expenses. Such RCA charge is based upon the water meter size of the user, except if no water meter exists, it will be based on the water meter size the user would have had if connected to the City water system.
D. 
Unit charge.
(1) 
There is hereby levied against each parcel of land serviceable by the City sewage system a charge according to the City Comprehensive Impact Fee Study Addendum A, dated March 1995, and as such report may from time to time be updated.
(2) 
Payment of such reserve capacity assessment shall be made by the owner of the parcel of land to be served by the City wastewater system at the time a building permit is applied for in connection with any new construction. Existing structures that are not currently on the City wastewater system, but which are required to connect to the system, shall pay the RCA at the time a plumbing permit is issued.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
There is hereby established a Sewer Facilities Impact Fee Fund. The Sewer Facilities Impact Fee Fund shall be a segregated interest-bearing account. Funds withdrawn from these accounts must be used in accordance with the provisions of Chapter 80, Building Construction, § 80-3F of the City Code.
F. 
The cost of any improvements under this section to be installed along or in any street, alley or highway, or across or in any lot or parcel of land, shall be charged to the extent of the whole cost thereof to the property benefited thereby, and assessments shall be made against said property under § 66.0617, Wis. Stats. The cost assessed against any property may include, as determined by the Common Council, the direct and indirect cost thereof, the damages occasioned thereby, the interest on bonds or notes issued in anticipation of the collection of the assessments for properties electing an installment plan under § 66.0715(3), Wis. Stats., a reasonable charge for the services of the administrative staff of the City and the cost of any architectural, engineering and legal services, and any other item of direct or indirect cost which may be reasonably attributed to the proposed work or improvement. The amount to be assessed against all property for any such proposed work or improvement shall be apportioned among the individual parcels in the manner designated by the governing body.

§ 267-8 Cross-connection control.

A. 
"Cross-connection" shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City water system and the other contains water from a private source, water of unknown or questionable safety or steam, gases or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.
B. 
No person shall establish or permit to be established or maintain or permit to be maintained any cross-connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the City may enter the supply or distribution system of the municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the City Water Utility and by the Wisconsin Department of Natural Resources in accordance with § NR 111.25(3), Wis. Adm. Code.
C. 
The New Berlin Water Utility shall cause inspections to be made of all properties served by the public water system where cross-connection with the public water system is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be established by the New Berlin Water Utility and as approved by the Wisconsin Department of Natural Resources.
D. 
Upon presentation of credentials, the representative of the New Berlin Water Utility shall have the right to request entry at any reasonable time to examine any property served by a connection to the public water system of the City for cross-connections. If entry is refused, such representative shall obtain a special inspection warrant under § 66.0119, Wis. Stats. On request, the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property.
E. 
The New Berlin Water Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water services shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection F. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this section.
F. 
If it is determined by the New Berlin Water Utility that a cross-connection or an emergency endangers public health, safety or welfare and requires immediate action, and a written finding to that effect is filed with the City Clerk and delivered to the customer's premises, service may be immediately discontinued. The customer shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance.
G. 
The City adopts by reference the State Plumbing Code being Ch. H 62, Wis. Adm. Code.
H. 
This section does not supersede the State Plumbing Code and Chapter 193, Plumbing Standards, of this Code, but is supplementary to them.

§ 267-9 Abandonment of private wells.

A. 
Purpose. To prevent unused, unsafe or noncomplying wells from serving as a vertical channel for groundwater contamination or as a source of unsafe water from cross-connections with the public water supply, private wells shall be abandoned in accordance with this section.
B. 
Coverage.
(1) 
All existing private wells located on any premises presently served by the New Berlin Water Utility and which are unused, unsafe or fail to comply with Ch. NR 112, Wis. Adm. Code, shall be abandoned and properly filled on or before March 30, 1995.
(2) 
Existing private wells located on any premises to which municipal water service is provided may continue to be used as long as a permit has been issued under Subsection C. Existing wells for which a permit has been issued under Subsection C shall be abandoned within 60 days after the expiration or revocation of a permit issued under Subsection C. All wells on private property undergoing City water conversion must be permitted within 30 days after the final inspection of the conversion work or be abandoned.
C. 
Well operation permits. A renewable permit may be granted to a private well owner, and automatically transferred to a subsequent owner if sale occurs during a five-year permit period, to operate a well for a period not to exceed five years if the following requirements are met:
(1) 
There is a demonstrated need for continued current use as determined by the City Engineer. Demonstrated need shall include all usual and customary uses of water from a private well, including but not limited to watering of vegetation and trees, filling of swimming pools, and human consumption. The phrase "demonstrated need" shall be liberally interpreted to permit the retention of a private well when all of the other requirements of this section are satisfied.
[Amended 6-19-2001 by Ord. No. 2142]
(2) 
The well is safe and in compliance with Ch. NR 112, Wis. Adm. Code.
(3) 
The permit shall require, but not be limited to the following:
(a) 
Bacteriological sampling consisting of obtaining a minimum of one safe sample must be received prior to the issuing or reissuing of the well operation permit. The receipt of such a report establishes that the water is safe for human consumption. The owner shall be responsible for providing safe sample test data to the Plumbing Inspector.
[Amended 10-14-2003 by Ord. No. 2216]
(b) 
No cross-connections exist between any private well and pump installations and the municipal water system.
(4) 
If a well has a mechanical malfunction, it is deemed usable if repaired within 60 days.
(5) 
An inspection fee is paid to the office of the Plumbing Inspector, and after a favorable inspection report, a permit will be issued by the Plumbing Inspector in the Building, Inspection and Zoning Department. The fee shall be on file in the office of the City Clerk and may be adjusted by the Common Council over time to reflect the actual costs of administering the permits.
(6) 
Once a homeowner disconnects from a private well and connects to the municipal water service, the homeowner is prohibited from disconnecting from the municipal water service and returning to private well use at a later date.
D. 
Methods. Private wells shall be abandoned according to the procedures outlined in Ch. NR 112, Wis. Adm. Code.

§ 267-10 Utility service standards.

A. 
Meters for multi-tenant units.
(1) 
The interior plumbing systems for all new condominium units and all new multi-tenant units shall be so configured such that not less than one water meter shall be installed for each building, with the building owner or condominium association being treated as a single customer for water and sewer service purposes. Notwithstanding the foregoing, nothing shall prevent the installation of additional meters if requested by the property owner.
[Amended 1-17-2006 by Ord. No. 2292]
(2) 
Billings for multi-tenant units shall be sent to the owner of the property or, in the case of a condominium unit, shall be sent to the condominium association and shall be considered as a common expense of the condominium association under Chapter 703 of the Wisconsin Statutes. The property owner or condominium association shall be responsible for the apportionment of said charges between the individual units in accordance with applicable lease documents or condominium declaration.
[Amended 1-17-2006 by Ord. No. 2292]
(3) 
The impact fee for new or expanded water and sewerage services for multi-tenant and condominium units will be calculated on an equivalent meter size basis, subject to any amendment to said schedule of charges and shall be paid to the City on or before November 1 in the year that the Declaration of Condominium Agreement is filed in the County Register of Deeds or they shall be placed upon the tax roll as provided by § 66.0627, Wis. Stats., for special charges and fees. In the event that the new calculation results in a negative amount, no refund will be made.
B. 
Meeting facilities requirements. All buildings constructed or subject to remodeling in the general location of the water meter shall afford adequate space for the installation of water meter(s); the repair, maintenance and servicing of the water meter(s) or strainer(s); the replacement of the water meter(s); the installation of a bypass line, if required; and any attendant appurtenant valves, fittings, piping or other devices that may be necessary for water service and water metering facilities. The size of the utility room as well as the planimetric and profile drawing of the water meter room space provided shall be approved by the Utility before water system connection will be permitted in accordance with standards on file with the Utility. The water meter room shall be unobstructed with water softeners, vacuum cleaners, garbage cans, cleaning supplies or storage of other materials. The water meter room shall have a floor drain and adequate heating and lighting, and the Utility shall be supplied with a key to access a locked water meter room.
[Amended 1-17-2006 by Ord. No. 2292]
C. 
Prohibited acts; presumption; penalty.
[Added 1-17-2006 by Ord. No. 2292]
(1) 
It shall be unlawful for any person, corporation or other organization or entity to connect, to disconnect or adjust any meter, pipe, hydrant or other water supply appurtenance of the City of New Berlin Water Utility in any way whatsoever without having first obtained all necessary permits to do so from the City.
(2) 
No person, corporation or other organization shall take or use any water from the facility of the City of New Berlin Water Utility by any means not authorized by the Water Utility and specifically those that do not permit that use or taking to be measured and billed by the City.
(3) 
The presentation of evidence that the acts prohibited by this section took place on privately owned property shall create a rebuttable presumption that those acts were done by the owners of record of that property.
(4) 
Any person, corporation or other organization who or which violates the provisions of this section shall be subject to the imposition of a forfeiture pursuant to § 1-18 of the Municipal Code of the City of New Berlin. Each violation and each day a violation continues to occur shall constitute a separate offense.

§ 267-11 Discharge of certain waters into public sanitary sewers prohibited.

A. 
Connection prohibited. No person shall connect any building or premises with any public sanitary sewer by a drain or connection by which rain, surface, subsurface or clear waters may be discharged into the public sanitary sewer systems.
B. 
Inspections and testing. The Plumbing Inspector and his designates, upon identification, may enter any building or premises supplied with public water service or sewer facilities for the purpose of inspecting and testing all plumbing, together with all forms of clear water drainage, to ascertain quantity, quality and condition of sanitary and clear water sewerage facilities.
C. 
Sump pits and crocks.
(1) 
All building foundation drains shall terminate in a sump pit not less than 20 inches in diameter and 24 inches in depth. The sump crock shall project a minimum of two inches above the adjacent finished floor. An approved ejector pump shall be maintained to be functional. The minimum size (ejector) sump pump discharge and extensions thereto shall be 1 1/4 inch. The vertical discharge pipe shall be provided with a flexible joint or sound-deadening fitting.
(2) 
If the Plumbing Inspector determines that a sump pit would not be required to prevent clear water drainage into the sanitary sewer, the requirements therefor may be waived by him.
(3) 
Any sump crock which is now in use that does not project a minimum of two inches above the adjacent finished floor or which does not meet the size requirement as herein provided shall be accepted.
(4) 
Any person who feels aggrieved by any decision of the Plumbing Inspector with reference to the construction of a sump pit may appeal such decision to the City Council.
D. 
Sump pumps. All sump pumps installed for the purpose of discharging clear waters from foundation drains and ground infiltration, and where the building is not serviced by a storm sewer, shall either discharge into a conduit leading to a drainage ditch or shall discharge onto the ground at least three feet out from the building and one foot above the permanent grade. The sump discharge pipe shall be to the front of the building, except that, where a public drainage ditch, street or drainage easement is on another side of the property, it may be located on that side of the building at least three feet from the corner of the building and be located in such a manner that the drainage shall be across the owner's property toward a street or drainage easement so as not to run on adjacent properties or create a nuisance.
E. 
Garage floor drainage. Garage floor drainage may be connected to a public sanitary sewer installed in compliance with § ILHR 82.11, Wis. Adm. Code.
F. 
State code rules and regulations of Milwaukee Metropolitan Sewerage Commission adopted. The provisions of §§ ILHR 82.04(8)(b), (c) and 82.12(12), Wis. Adm. Code, with reference to stormwater and clear water disposal and the provisions of Art. V, Rules of the Milwaukee Metropolitan Sewerage Commission, adopted May 1, 1958, as amended, are adopted and made a part of this section.

§ 267-12 Sewage holding tanks; installation and maintenance.

A. 
Public policy. To provide for the construction of commercial, industrial, public and semipublic buildings in areas in which no public sewers are available, and where the soil conditions are such that a percolation test cannot be made which would satisfy the requirements of the Waukesha County Department of Health and the city's Plumbing Code, this section is established to allow the installation of a sewage holding tank for low flow situations and only until such time as public sewers are available. Sewage holding tanks shall be allowed for use by public and semipublic, commercial and industrial buildings as defined in Subsection B. Holding tanks shall not be allowed for residential building use except as follows.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMMERCIAL
Buildings used for business purposes and permitted in business zoned districts within the City and also other premises used principally for business purposes irrespective of zoning category.
INDUSTRIAL
All buildings permitted in industrially zoned districts within the City and industrial purposes irrespective of the zoning category.
PUBLIC and SEMIPUBLIC
Buildings principally of an institutional nature and serving a public need such as:
(1) 
Churches and parsonages constructed in conjunction with a church, provided such parsonage shall be located adjacent to the church and will be served by the same holding tanks as provides sewage service for such church, and further that the parsonage be constructed at the time or after such time as the church is constructed, but in no event shall the parsonage be constructed prior to the church building.
(2) 
Schools, nursery schools, libraries, museums, post offices, police and fire stations, public and private utilities and other public services.
RESIDENTIAL
All buildings permitted in residentially zoned districts within the City and also other premises used principally for residential purposes irrespective of the zoning category.
C. 
Percolation tests. Prior to approval for the installation of any sewage holding tank, percolation tests and any other required tests shall be made in accordance with the requirements of the County Department of Health and the city's Plumbing Code, which establish that the soil conditions are such that a septic tank treatment system, mound-type system or other approved on-site sewerage treatment system would not function properly in accordance with the regulations of the County Department of Health and the city's Plumbing Code.
D. 
Plans and specifications.
(1) 
Plans and specifications for the installation of a sewage holding tank shall first be submitted to the County Department of Health for approval by the owner of the parcel upon which such sewage holding tank is proposed to be installed.
(2) 
Upon receipt of such approval, the owner of the real estate shall submit the plans and specifications for such holding tank to the Plumbing Inspector for his approval.
E. 
Permit fee. At the time the owner submits the plans for such holding tank to the Plumbing Inspector for approval, a permit fee and an annual fee, for the costs and expenses incurred by the Plumbing Inspector for the continued inspection of such holding tank as herein provided, shall be paid by the owner to the city.
F. 
Maintenance. The owner shall maintain the system at all times in good operating condition and remove the sewage therefrom at such times as is required to maintain such system in good operating condition and prevent the sewage holding tank from overflowing. The Plumbing Inspector shall make periodic inspections of the facility and, if he or the County Health Department finds any defect in the operation or maintenance of the system, or in the removal of sewage therefrom, the owner shall correct the same within two days after written notice from the Plumbing Inspector.
G. 
Violations. If the City is required to remove sewage from the sewage holding tank because of the owner's failure to do so as required in the proper operation of the system, or be required to repair or service the same due to any neglect or deficiency by the owner, this shall constitute a violation of this section and such violation, including failure of the owner to maintain the cash deposit, letter of credit or bond as required by this section, shall then subject the premises which are being served by the sewage holding tank to condemnation as "unfit for human habitation or occupancy" and such premises shall be vacated immediately.
H. 
Prohibitions.
(1) 
These provisions apply only to existing dwellings and initial residential construction where construction of a mound or other approved system has been approved by the Health Department for Waukesha County.
(2) 
An owner may submit to the City Engineer a written request to permit construction of a holding tank for a residential building. The City Engineer shall have the authority to grant or deny such request.
[Amended 6-19-2001 by Ord. No. 2142]
I. 
Exceptions.
(1) 
Holding tanks may be permitted only where the following factors are present:
(a) 
For existing residences:
[1] 
The County Health Department has found and certified that the owner's premises have a septic system which is nonfunctioning.
[2] 
The City Engineer finds that such nonfunctioning system causes a real threat to the health, safety and well-being of the public.
[Amended 6-19-2001 by Ord. No. 2142]
[3] 
No other type of approved on-site sewage treatment system (such as a mound system) will function properly on any portion of the owner's premises.
(b) 
For initial residential construction:
[1] 
The County Health Department has found that a conventional septic system will not function on this premises.
[2] 
The City Engineer finds that the mound system will be constructed within six months from the date of obtaining the permit. Proof that the County Health Department has issued a permit or will issue such permit shall be provided. Should the owner, after receiving approval of a holding tank, fail to utilize reasonable diligence to obtain a permit or, after such permit has been obtained, fail to utilize reasonable diligence to construct an on-site sewerage treatment system, a violation of this section shall occur, which shall be punishable under the provisions of Chapter 1, General Provisions, § 1-18 of this Code.
[Amended 6-19-2001 by Ord. No. 2142]
(2) 
Any holding tank permitted for a residential building shall thereafter be approved, constructed and maintained in accordance with all of the other requirements of this section.
(3) 
It is the intent of the City that holding tanks not be permitted for residential buildings except where the foregoing criteria exist.
(4) 
When municipal sewers become available, any holding tanks permitted shall be disconnected and connection made to the municipal sewer as required by other sections of this Code, state law or the Wisconsin Administrative Code requirements.

§ 267-13 Violations and penalties.

Except as otherwise provided herein, any person found in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.

§ 267-14 Clear water infiltration and inflow mitigation.

[Added 4-13-2004 by Ord. No. 2227]
A. 
Prohibition of clear water infiltration. All property within the City of New Berlin which is served by connection to public sanitary sewers maintained and operated by the City of New Berlin shall:
(1) 
Disconnect stormwater inflow sources to public sanitary sewers maintained and operated by the City;
(2) 
Disconnect nonstormwater inflows from storm water sewers maintained and operated by the City;
(3) 
Maintain the integrity of all laterals and private main sewers otherwise permitted to be connected to the public sanitary sewer system to preclude clear water infiltration and inflow into such laterals and private main sewers; and
(4) 
Reconnect or relocate any such disconnected inflows in compliance with City rules and applicable building codes or other relevant codes. Any infiltration and inflow sources required to be disconnected or otherwise eliminated pursuant to this section constitutes a public nuisance subject to injunctive relief and abatement by the direct action of the City after 10 days' written notice to the property owner. The cost of the remediation shall be imposed as a special assessment against the property pursuant to § 66.0627, Wis. Stats.
B. 
General inspections.
(1) 
The City of New Berlin may engage in inspections of all properties served by the municipal sanitary sewer system within the City of New Berlin from time to time to determine compliance with this section and shall conduct testing and inspections, including, but not limited to, closed circuit TV and low-pressure air tests of sewer laterals and private main sewers and visual inspections and dyed-water testing of basement clear water plumbing system or components, foundation drains, down spouts, yard drains and sump pumps. Said regular inspections shall occur at a frequency of not more than once every 10 years.
(2) 
In the event that any deficiencies are found during the course of an inspection which would violate the provisions of this section or the City Plumbing Code,[1] the property owner shall obtain the appropriate plumbing permit and correct all violations. Until corrected, said violations shall be considered a public nuisance and may result in the imposition of fines or forfeitures and/or injunctive relief and/or the repair or correction of the deficiency with the cost of said repair being assessed as a special charge against the property pursuant to § 66.0627 Wis. Stats., or otherwise provided hereunder.
[1]
Editor's Note: See Ch. 193, Plumbing Standards.
C. 
Authorization to provide financial assistance.
(1) 
The City may use utility funds in any extent permitted by their terms as well as loans, grants or other monies from appropriate county, state or federal funds for the following:
(a) 
The cost of disconnections, reconnections or relocations required by this section performed by the City or under contract with the City, including the inspection of properties as provided for hereunder after the City, pursuant to its rules, has performed the work and after the City has received from the property owner a statement releasing the City from all liability with respect to the work.
(b) 
Payments to the property owner or a contractor hired by the property owner pursuant to a competitive bidding process for the cost of disconnections, reconnections or relocations required by this section after the City, pursuant to its rules, has inspected the work to be performed and after the City has received from the property owner a statement releasing the City from all liability in connection with the disconnections, reconnections or relocations.
(2) 
Except as provided hereunder, the City may require, under its rules regarding disconnections, reconnections or relocations of sewer and other clear water discharge sources, the reimbursement of monies expended pursuant to the foregoing subsection by either of the following methods:
(a) 
A charge to the property owner in the amount of the payment made pursuant to the foregoing subsection for immediate payment in installments with interest as determined by the City not to exceed the maximum amount of interest permitted by law, which payments may be billed as a separate item with rents charged to that owner for use of the sewers. The City may approve installment payments for a period of not more than ten years. The charges are to be paid, and the City shall certify to its condition and the County Treasurer the total of the charges to be paid in installments and the number of installments to be paid, the identity of the parcel of the property. Such charges shall be a lien on the property from the date that they are placed on the tax roll and shall be collected in the same manner as other taxes pursuant to § 66.0703, Wis. Stats.
(b) 
The City may adopt a resolution specifying a maximum amount of the costs of any disconnection, relocation, reconnection or testing required pursuant to this section which may be paid by the City for each affected property without requiring reimbursement. The City, by rule, shall establish criteria for determining how much of allowable costs for each qualifying parcel may be reimbursed. Disconnections, reconnections, relocations or testing required under this section that are performed by a contractor under contract with the property owner shall not be considered a public improvement as defined under the State Competitive Bidding Laws, including, but not limited to, § 62.15, Wis. Stats., as amended.

§ 267-15 New Berlin utility service area boundary.

[Added 3-10-2009 by Ord. No. 2405]
A. 
The City of New Berlin does hereby establish a utility urban service area boundary as set forth in the map which was approved by the Common Council on February 24, 2009, which map is on file with the City of New Berlin Department of Community Development. No water or sewer utility service shall be provided to properties outside of the urban service area boundary.
B. 
No amendment of the urban service area boundary may be permitted without review and recommendation by the New Berlin Plan Commission and the New Berlin Utility Committee. The approval of such an amendment shall require a three-fourths vote of the members elect of the Common Council.