All connections to the local sewers or local system shall be reviewed
and approved or denied by the Village. All connections to the regional sewers
or regional system shall be reviewed and approved or denied by the Commission.
A.Â
Connection to local sewers.
(1)Â
General. Any person desiring to connect property located
within the Village to a local sewer shall apply to the Village for permission
to make such connection and obtain a connection permit ("local connection
permit"). The Village shall not grant permission for connection where the
local sewer is not adequately sized to transport the additional flow or the
Commission indicates that the wastewater facilities do not have available
capacity. Industrial connections or connections by significant dischargers
must be preapproved by both the Village and the Commission.
(2)Â
Combined sewers. No combined sanitary and storm sewers
shall be connected to the local sewers.
(3)Â
Application for connection of building sewer to local
sewer. No person shall connect a building sewer to a local sewer without obtaining
a local connection permit as herein provided. Applications for permission
to connect a building sewer to a local sewer shall be made in writing to the
Village. The application shall be made by the owner or the owner's representative
and shall include a statement giving the exact location of the premises, the
purpose for which the connection is to be used, the time when the work is
to be done and such other information as may be required by the Village. The
local connection permit fee and regional connection permit fee shall be paid
upon filing the application. No work of laying the building sewer shall be
commenced or continued without the required local connection permit being
on the premises. At the time of the connection, each building sewer shall
be inspected by the Plumbing Inspector or the Village's designee. Copies of
all industrial waste discharge permit applications, pretreatment applications
and information regarding volume and characteristics for potential significant
dischargers shall also be provided to and approved by the Commission prior
to connection to any local sewer.
B.Â
Connection of new local sewers to existing local sewer.
(1)Â
General. Any developer or builder desiring to construct
a sewer which will subsequently be dedicated to the Village and connected
to an existing local sewer or regional sewer shall make application for permission
to make such connection. No work of laying the proposed local sewer shall
be commenced or continued without first obtaining written final approval of
the plans and specifications by the Village or its designee and the required
connection permit. The connection permit shall be on the premises or in the
hands of a professional engineer licensed to practice in the State of Wisconsin
at all times during construction. The Village shall not grant permission for
connection when the capacity of downstream collection is inadequate.
(2)Â
Application. An application for permission to construct
a new local sewer which will subsequently be dedicated to the Village and
connected to an existing local or regional sewer shall be made as follows:
(a)Â
The application to be made to the Village in writing
by a professional engineer licensed to practice in Wisconsin.
(b)Â
The application shall describe the location of the requested
connection, the volume and characteristics of the wastewater to be discharged,
the time when the work is to be done and such other information as may be
required by the Village or Village Engineer and shall include a statement
that the design, construction, operation and maintenance of the system will
be subject to this chapter and the lawful rules and regulations of the Commission
and that all necessary connection charges, as described herein, shall be paid.
The application shall be accompanied by six sets of plans and specifications
for the connecting system. The plans and specifications shall be prepared
by a professional engineer, licensed to practice in the State of Wisconsin,
and shall conform to state and local plumbing codes and the requirements of
the Wisconsin Department of Natural Resources. Municipal water supply piping
may be included in the plans and specifications submitted to the Village Engineer.
All elevations given on the plans submitted to the Village shall be based
on NGVD 88 datum, and horizontal positions shall be shown on the Dane Coordinate
System. Every plan submitted shall bear a sign showing the direction of true
North in relation to the plan.[1]
(c)Â
The plans and specifications described in Subsection B(2)(b) shall be submitted to the Village Engineer at least 15 calendar days prior to the Village Board meeting at which presentation is desired. The Village Engineer shall review said plans and specifications for conformity with all design standards as periodically adopted and approved by rule or regulation of the Village and Commission, and the Village Engineer shall then transmit the plans and specifications, along with his or her recommendations, to the Village Board, with a copy to the Commission. A copy of the design standards as established by rule or regulation of the Commission shall be on file at all times at the office of the Commission Engineer.
(d)Â
The Village shall review the plans and specifications for conformity
with all ordinances, administrative rules and regulations and for any other
matter within its jurisdiction. The Village shall then either approve, conditionally
approve or reject the plans and specifications. The applicant shall be informed
in writing of the action taken, and, if the plans and specifications are approved
conditionally or rejected, the conditions of approval or reasons for rejection
shall be given in writing.
(e)Â
Unless the time is extended by written agreement between the
applicant and the Village, the Village shall complete the action required
herein within 90 days of the filing of the plans and specifications previously
approved by the Village Engineer. Failure to act within such 90 days shall
constitute denial of the plans and specifications by the Village. In no event
shall construction proceed until all required approvals are granted.
(f)Â
The Village's approval of the plans and specifications and the
issuance of the connection permit shall be conditioned upon approval by the
Commission and State of Wisconsin. When plans and specifications have been
approved by the Commission, they shall be transmitted by the Village to the
Commission. Any changes or additions to the plans and specifications which
are required by an approving authority, other than the Commission, shall be
submitted by the applicant to the Village Engineer and Commission Engineer
as said changes or additions are made.
(3)Â
Commission review. Prior to final action by the Village, applications
for a local connection permit shall be reviewed by the Village Engineer and
Village Attorney, in consultation with the Commission Engineer and Commission
Attorney as necessary, at the applicant's expense.
A.Â
Prior to issuance of a local connection permit, the applicant
shall pay the following to the Village:
(1)Â
Initial capital contribution to Village: local connection
fee or standby charge. The applicant shall pay a fair share of the initial
capital contribution costs for the local system in the form of a standby charge
or connection fee ("local connection fee" or "local connection permit fee"),
if any, as may be determined from time to time by resolution of the Village
Board. As of the date of adoption of this chapter, the Village has not established
a local connection fee. Prior to adoption of any such resolution, the Village
Board shall consult with the Village Engineer and/or Commission Engineer to
develop a methodology that identifies the basis for the local connection fee
and with the Village Attorney and/or Commission Attorney to confirm that adoption
of the local connection fee is in accordance with current law. A public hearing
shall be held prior to adoption of any local connection fee.
(2)Â
Initial capital contribution to Commission: regional
connection fee or standby charge. The applicant shall pay a fair share of
the initial capital contribution costs for the regional system in the form
of a standby charge or connection fee ("regional connection fee" or "regional
connection permit fee"), as determined by resolution of the Commission. As
of the date of adoption of this chapter, the regional connection fee was established
by Commission Resolution 99-03, which is incorporated herein as if set forth
in full, and as may be amended from time to time. (See specifically Commission
Regulation Section 9.6, which is incorporated herein as if set forth in full.)
Regional connection permit fees shall be collected by the Village on the Commission's
behalf. Regional connection fees shall be billed to the Village by the Commission
and paid to the Commission as set forth in Section 9.6 of the Commission Regulations.
The regional connection fee shall be effective January 1, 2000.
(3)Â
Outstanding charges. All relevant outstanding charges, including
deferred charges, special assessments and/or interest thereon, for wastewater
facilities (including local sewers, regional sewers, lift stations and the
wastewater treatment plant) previously installed by the Village, Commission
or another authority.
(4)Â
Installation expenses for extension and connection. The applicant
shall pay all expenses related to required extensions of the sanitary sewer,
including manholes that are part of the extension, unless otherwise provided
by the Village. The applicant shall pay all expenses related to installation
and connection of the building sewer to the public sewer. The applicant shall
indemnify the Village and Commission for any loss or damage that may directly
or indirectly be occasioned by the installation of the building sewer or extension
of the public sewer.
(5)Â
Consultants' fees. All costs of services performed by third parties
on behalf of the Village or Commission, including but not limited to fees
incurred for consultation with the Commission's Engineer or Attorney and/or
other professionals with respect to the applicant's permit or application.
(6)Â
Administrative costs. All costs incurred by the Village or Commission
for special meetings, publication of notices and other similar costs associated
with the applicant's permit or application.
B.Â
Any person failing to pay the required local connection permit fees, regional connection permit fees, charges and costs when due may be denied connection and/or subject to other penalties provided for violation of this chapter. (See also Article IV of this chapter and the Commission Regulations.)
A.Â
Local sewers. Construction of local sewers within the
Village shall be under the direction of a professional engineer licensed to
practice in Wisconsin. Such engineer shall keep accurate records of the location,
depth, and length of sewers as built; the number and location of manholes,
if any; the location of any "Y" branches or slants; and the location of building
sewers. The developer or builder shall be charged for engineering, inspection,
consulting and legal services performed by or on behalf of the Village in
conjunction with the design, inspection and review of private construction
of a proposed community sewer to be subsequently dedicated to the City. Engineering,
inspection, consulting and legal fees shall be the actual cost to the Village
on the basis of submitted invoices plus twice the actual payroll cost for
time spent by employees of the Village. Such fees may be determined by the
Village. Upon acceptance by the Village Board of the construction covered
by the plans and specifications for the new local sewer, the developer shall
furnish to the Village one complete set of correct prints and one complete
computer disk copy of as-built system plans. In accordance with this chapter
and the provisions of applicable land division ordinances, the developer shall
be responsible for performing replacement or acceptable repairs of any defective
workmanship or materials that appear during the one-year guarantee period
following completion and acceptance of the project.
B.Â
Building sewers. All building sewers served by the local
system shall be constructed and inspected as required by Ch. Comm 82, Wis.
Adm. Code.
Records of building sewer connections or other connections to local
sewers shall be kept by the Village and information regarding the same shall
be furnished to the Commission at such times as the Commission may require.
Information to be furnished regarding building sewer connections shall consist
of the number of connections for the reporting period, the size of each connection,
the nature or character of the user and such additional information as the
Commission may require.
A.Â
Septic tanks. No connection shall be made to any local
sewer if the connection pipe is carrying any contents from a septic or holding
tank except a septic tank serving as a pretreatment process which has been
required or permitted by the MMSD.
B.Â
Building foundation drains. No connection shall be made
to any local sewer if the connection pipe is carrying flow from a building
foundation drain.
A.Â
When required.
(1)Â
Except as provided in Subsection B, every owner of a parcel of land within the Village shall install, at the owner's expense, suitable plumbing facilities and connect to a local sewer whenever the following conditions exist:
(a)Â
The parcel of land is located within the Village adjacent
to a local sewer;
(b)Â
There is located upon such parcel a building or other
structure used for human habitation, recreation or occupancy, or for the conduct
of any trade, business or industry; and
(c)Â
Such building or structure is being served by a private
sewage disposal or treatment works.
B.Â
Waiver. The requirement to connect to the public sewer
system may be temporarily waived by the Village by a unanimous vote of the
entire membership upon application of the property owner and a finding by
the Village that there is no evidence of a condition hazardous to health and
that immediate connection would cause the property owner extraordinary hardship
and expense. The period of temporary waiver shall be established by the Village,
but in no event shall a waiver period exceed one year after installation of
the sewer adjoining such parcel. The granting of a temporary waiver will not
delay the collection of special assessments unless the Village so provides.
The owner's application for a waiver must be accompanied by proof, in a form
acceptable to the Village, that the private sewerage system is operating satisfactorily
in accordance with all applicable District and state regulations. A temporary
waiver grant applies only to the property owner receiving the waiver. In the
event ownership of the property is subsequently transferred, the temporary
waiver will automatically expire upon such transfer and the new owner must
immediately comply with the compulsory connection requirement.
C.Â
Deferred connection of exclusive agricultural lands.
Upon application by the owner to the Village, lands zoned for exclusive agricultural
use or for which a farmland preservation agreement has been recorded as provided
in Ch. 91, Wis. Stats., shall be granted a compulsory connection waiver. This
waiver shall remain in effect only so long as the property is either zoned
for exclusively agricultural use or is covered by a recorded farmland preservation
agreement. Pursuant to § 91.15, Wis. Stats., such lands will be
excluded from any related special assessments for so long as the waiver is
in effect and the owner makes no use of the public sewerage system, provided
that interest on such special assessments shall accrue for up to 10 years.
D.Â
Waiver not to negate other requirements. The provisions
of this section do not abrogate or alleviate the need for compliance with
any other connection requirements that may be imposed by the State of Wisconsin
or the Commission.
E.Â
All sewers that are part of the local system shall be
constructed as required by the Village and Village Engineer, following consultation
with the Commission and the Commission's Engineer, as necessary.