[HISTORY: Adopted by the Village Board of the Village of
Fox Point as Ch. 9 of the 1961 Code. Amendments noted where applicable.]
A.
Stormwater runoff may cause erosion of lands and threaten businesses
and residences and other facilities with water damage. Stormwater
and other surface water discharge may create environmental damage
to the rivers, streams and other bodies of water within and adjacent
to the Village. The management of stormwater and other surface water
discharges within and beyond the Village is a matter that affects
the health, safety and welfare of the Village, its residents and businesses.
B.
In 1994, the Wisconsin Department of Natural Resources ("WDNR") promulgated
Ch. NR 216, Stormwater Discharge Permits, Wis. Adm. Code, which was
revised March 2003, and Ch. NR 151, Runoff Management, Wis. Adm. Code,
that established performance standards for the Village's stormwater
program. These administrative rules were developed pursuant to the
federal Clean Water Act, as amended by the Water Quality Act of 1987
(33 U.S.C. § 1251 et seq.).
C.
In order to effectively manage stormwater and other surface water
discharges, the Village operates and maintains a stormwater management
system to manage the quantity and quality of stormwater and other
surface water discharges for all properties in the Village. In order
to ensure the future usefulness and value of the existing stormwater
management system owned and operated by the Village, the Village must
have an adequate and stable funding source to effectively manage,
protect, control, regulate, use and enhance the stormwater management
systems and facilities in the Village. A stormwater utility provides
the most practical and appropriate means of properly delivering stormwater
management services, systems and facilities to all properties throughout
the Village. The stormwater utility would render both services and
benefits to individual properties, property owners, citizens and residents
of the Village.[1]
D.
A schedule of stormwater utility service charges based on the area
of impervious surface located on each property is the most appropriate
and equitable means of allocating the cost of stormwater management
services, systems and facilities throughout the Village. Such stormwater
service charges may be complemented by other types of charges which
address specific needs, including, but not limited to, special service
fees, special assessments, use of proceeds from special purpose local
option sales taxes and other forms of revenue, as deemed appropriate
by the Village Board. Proceeds from all stormwater service charges
together with any other revenues raised shall be deposited into the
Stormwater Utility Enterprise Fund that will be dedicated solely to
those purposes of the Village Stormwater Utility.
E.
Privately owned and maintained on-site stormwater facilities, which
significantly reduce or otherwise mitigate the impact of a particular
property on the Village's stormwater utility's cost of providing
stormwater management, should be taken into account to reduce the
service charge on that property or assessed as a rebate.
There is hereby established a stormwater utility to be known
as the Village of Fox Point Stormwater Utility ("Stormwater Utility"),
which shall be responsible for stormwater management services, systems
and facilities throughout the Village, and which shall provide for
the management, protection, control, regulation, use, construction,
reconstruction, improvement, extension, operation, maintenance, repair
and enhancement of the Village's stormwater management services,
systems and facilities.
A.
The operation, management and control of the Stormwater Utility is
vested in the Village Board acting under the provision of §§ 61.34,
66.0621, 66.0809, 66.0811, 66.0821, and 66.0627 of the Wisconsin Statutes,
and the Village Board is hereinafter referred to as the "Approving
Authority." All records of the Stormwater Utility shall be kept by
the Village Clerk/Treasurer in the Village Hall or other officially
designated place.[1]
B.
The operation of the Stormwater Utility shall be under the supervision
of the Village Manager.
C.
There is established a Stormwater Utility Enterprise Fund in the
Village budgeting and accounting systems for the purpose of dedicating
and protecting all funding applicable to the purposes and responsibilities
of the Stormwater Utility, including, but not limited to, rentals,
rates, charges, fees and licenses, as may be established by the Village
Board from time to time, and other funds that may be transferred or
allocated to the Stormwater Utility. All revenues and receipts of
the Stormwater Utility shall be placed in the Stormwater Utility Enterprise
Fund, and all expenses and capital investments of the Stormwater Utility
shall be paid from the Stormwater Utility Enterprise Fund; provided,
however, that other revenues, receipts and resources not accounted
for in the Stormwater Utility Enterprise Fund may be applied to stormwater
management services, systems and facilities as deemed appropriate
by the Village Board.
D.
The Village Board shall place within the Stormwater Utility such
responsibility as the Village has for operation, maintenance and regulation
of the existing stormwater management services, systems and facilities
previously performed, owned and operated or maintained by the Village,
and other related assets, including, but not limited to, properties,
other than road rights-of-way, upon which such stormwater management
systems and facilities are located, easements, rights-of-entry and
access and certain equipment used solely for stormwater management.
E.
The Village Manager shall prepare an annual budget which is to include
all operation and maintenance costs, education, capital improvements,
debt service and other costs related to the operation of the Stormwater
Utility. The budget is subject to approval by the Village Board.
F.
The costs shall be spread over the customer classifications as determined
by the Village Board.
G.
The Village Board shall cause an annual audit of the books of the
Stormwater Utility to be made and shall make the books and records
relating to the Stormwater Utility available for inspection during
regular business hours.
The Village, acting through the Stormwater Utility, may, without
limitation due to enumeration, do the following:
A.
Acquire, construct, lease, own, operate, maintain, construct, reconstruct,
improve, extend, expand, replace, clean, dredge, repair, manage and
finance such facilities and equipment as are deemed by the Village
to be proper and necessary for storm and surface water management.
These facilities may include, without limitation due to enumeration,
surface and underground drainage facilities, sewers, watercourses,
retaining walls, ponds, streets, roads, ditches and such other natural
or man-made facilities as will support a stormwater management system.
B.
Undertake any operations or activities, or provide any services deemed
by the Village to be proper and necessary for storm and surface water
management.
C.
Maintain compliance with all regulatory requirements for storm and
surface water management.
A.
The Village owns or has rights which allow it to operate, maintain,
improve and access those stormwater management systems and facilities
which are located:
(1)
Within public road rights-of-way and easements;
(2)
On private property as provided for by recorded easement, prescriptive
easement, or other rights acquired or allowed by law;
(3)
On public land which is owned by the Village; or
(4)
On public land which is owned by another governmental entity, and
to which the Village has an agreement, recorded easement, prescriptive
easement, or other rights acquired or allowed by law.
B.
Operation, maintenance and/or improvement of stormwater management
systems and facilities which are located on private or public property
not owned by the Village, and for which there has been no written
agreement granting easements, rights-of-entry, rights-of-access, rights-of-use
or other form of dedication thereof to the Village for operation,
maintenance, improvement and access of such stormwater management
and systems and facilities, shall be and remain the legal responsibility
of the property owner.
C.
It is the express intent of this chapter to protect the public health,
safety and welfare of people and property in general, but not to create
any special duty of the Village, or to create any relationship between
the Village and any individual person, or to establish any obligation
of the Village for any specific property within or outside the boundaries
of the Village. The fact that the Village may have a legal right does
not mean that it has a legal obligation, and the Village assumes no
such obligation by this section or this chapter. The Village expressly
reserves the right to assert all available immunities and defenses
in any action seeking to impose monetary damages or equitable remedies
upon the Village, its elected officials, officers, employees and agents
arising out of any alleged failure or breach of duty or relationship.
A.
ACT
APPROVING AUTHORITY
CREDIT
CUSTOMER
DEVELOPED PROPERTY
EQUIVALENT RUNOFF UNIT (ERU)
FOOTPRINT AREA
IMPERVIOUS AREA
NON-OWNER
OWNER
PARCEL
SINGLE-FAMILY
STORMWATER MANAGEMENT SERVICES
(1)
(2)
(3)
(4)
(5)
(6)
STORMWATER MANAGEMENT SYSTEMS AND FACILITIES
STORMWATER SERVICE CHARGE
STORMWATER UTILITY ENTERPRISE FUND
TIER 1 SINGLE-FAMILY/DUPLEX
TIER 2 SINGLE-FAMILY/DUPLEX
TIER 3 SINGLE-FAMILY/DUPLEX
TIER 4 SINGLE-FAMILY/DUPLEX
TIER 5 SINGLE-FAMILY/DUPLEX
TIER 6 NON-SINGLE-FAMILY/DUPLEX
UNDEVELOPED
USER
USER FEE
VILLAGE CREDIT POLICY
VILLAGE MANAGER
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the content clearly indicates a different meaning:
Refers to the Clean Water Act, as amended by the Water Quality
Act of 1987 (33 U.S.C. § 1251 et seq.), as amended, and
the rules and regulations promulgated by the United States Environmental
Protection Agency pursuant thereto.
The Village Board of the Village of Fox Point or its duly
authorized deputy, agent or representative.
A reduction in the stormwater service charge to the owner
of a particular parcel for the existence and use of privately owned,
maintained and operated on-site or off-site stormwater systems or
facilities, or continuing provision of services or activities that
reduce or mitigate the cost of stormwater management services for
that particular parcel.
Any owner of property that is located in the Village of Fox
Point, and also means any non-owner that is a resident of property
that is located in the Village of Fox Point.
A parcel that has been altered from its natural state by the addition of any improvement, such as a building, structure or other impervious surface with a footprint greater than 300 square feet, or where construction of such an improvement is at least 50% complete and construction is halted for a period exceeding three months. Removal of improvements shall not change a parcel that was once developed property into an undeveloped parcel; however, the parcel may then qualify for an exemption per § 288-9.
The statistical average impervious area in the first quartile
of single-family properties in the Village. The average square footage
of impervious surface for the first quartile of single-family properties
in the Village of Fox Point is determined to be 2,988 square feet,
which shall constitute one ERU.
The total area covered by all buildings and roofed structures
on a parcel, measured on a horizontal plane at the furthest extent
of the structures, roofs or roof overhangs.
An area measured on a horizontal plane which has been compacted
or covered so that it prevents or impedes the infiltration of stormwater
into the soil. It includes, but is not limited to, all footprint area
and all areas covered by structures, roofs, sidewalks, patios, porches,
driveways, loading docks, parking lots, compacted gravel surfaces,
as well as any other similar surfaces.
One that pays rent for use or occupies land, a building,
or other property owned by another.
Any person or entity vested with the fee interest in real
property, in whole or in part, and includes but is not limited to
any joint owner, tenant in common, tenant in partnership, joint tenant
or tenant by the entirety of the whole or part of such property.
A discrete unit of land within the Village to which the property
Assessor or tax lister has assigned a distinct ad valorem property
tax identification number; except that two or more such units of land
that are abutting, are owned by the same owner, and are treated and
occupied as a single unit, shall constitute one parcel.
A developed property that contains exactly one detached structure
which serves as its primary purpose of providing one permanent dwelling
unit and which is classified as residential in the assessment rolls
of the Village.
Services provided by the Village that may address the quality
and/or the quantity of stormwater runoff which relate to the:
Transfer, control, conveyance or movement of stormwater runoff
through the Village;
Maintenance, repair and replacement of existing stormwater management
systems and facilities;
Planning, development, design and construction of additional
stormwater management systems and facilities to meet current and anticipated
needs;
Regulation of the use of stormwater management services, systems
and facilities;
Education of the public as to stormwater issues; and
Construction of facilities and other infrastructure as may be
needed to properly manage the quality and quantity of stormwater runoff.
Those natural and man-made channels, swales, ditches, rivers,
streams, creeks, branches, reservoirs, ponds, drainageways, inlets,
catch basins, pipes, head walls, storm sewers, lakes and other physical
works, properties and improvements which transfer, control, convey
or otherwise influence the movement of stormwater runoff, which are
owned by the Village or through which the Village has an easement
or other legally binding right of use for stormwater drainage, and
for which the Village has the right of maintenance for stormwater
drainage purposes.
The periodic service charge imposed pursuant to this chapter
by the Village of Fox Point Stormwater Utility for providing the stormwater
management services, systems and facilities, including but not limited
to all costs associated with acquisition, construction, operation,
maintenance, reconstruction, improvement, extension, expansion, replacement,
cleaning, dredging, repair, or other management of stormwater management
systems and stormwater activities in the Village. This term may also
include special charges to the owners of particular properties for
services, systems or facilities related to stormwater management,
including, but not limited to, charges for development plan review,
inspection of development projects and on-site stormwater control
systems, and enhanced levels of stormwater service above the threshold
level.
Provides revenue for the acquisition, construction, operation,
maintenance, reconstruction, improvement, extension, expansion, replacement,
cleaning, dredging, repair, or other management of stormwater management
systems and stormwater activities in the Village. Services delivered
through this fund are paid for with a stormwater service charge to
all developed property in the Village.
The first quartile of single-family or duplex properties
with the total footprint area less than or equal to 2,031 square feet.
The second quartile of single-family or duplex properties
with the total footprint area of more than 2,031 square feet but is
less than or equal to 2,517 square feet.
The third quartile of single-family or duplex properties
with the total footprint area of more than 2,517 square feet but is
less than or equal to 3,213 square feet.
The single-family or duplex properties with the total footprint
area of more than 3,213 square feet but is less than or equal to 5,980
square feet.
A single-family or duplex property with more than 5,980 square
feet footprint area.
Any developed property which is not single family or duplex,
including, but not limited to, transient rentals (such as hotels and
motels), multifamily apartment buildings or condominiums of three
or more units, commercial, industrial, institutional, governmental
property, and parking lots.
A parcel which does not have any improvements such as a building,
structure, or impervious surface that does not total more than 300
square feet of impervious area.
Any property within the Village that discharges stormwater
into the stormwater management system.
The charge established by the Village Board on developed
property in the Village to pay operations and maintenance, extension
and replacement and debt service for the Stormwater Utility, which
may include payment for principal and interest on debt obligations,
lease payments, operating expenses, capital outlays, nonoperating
expenses, provisions for prudent reserves and other costs as deemed
appropriate by Village Board.
The Village Credit Policy is a written document prepared by the Village Manager and approved by the Village Board, currently contained in § 288-9B, which sets forth the criteria under which Tier 6 Non-Single-Family Customers may be eligible for a credit to reduce stormwater charges.
The Village Manager of Fox Point, or his/her designee.
B.
Construction of undefined terms. Terms not herein specifically defined
shall be construed in the manner commonly accepted and the interpretation
of the same will be furnished by the Village Manager upon application.
A.
Stormwater service charges shall be imposed on all developed property
in the Village to recover all or a portion of the costs of the stormwater
utility program. The amount of such charges shall be based on a rate
per equivalent runoff unit (ERU).
B.
It shall be the policy of the Village that service charges and user
fees for the stormwater management services, systems and facilities
that are to be provided by the stormwater utility shall be equitably
derived through methods which have a demonstrable relationship to
the varied demands and impacts imposed on the stormwater management
services, systems and facilities by individual properties and/or the
level of service rendered by or resulting from the provision of stormwater
management services, systems and facilities. Stormwater service charge
rates shall be structured so as to be fair and reasonable, and the
resultant service charges shall bear a substantial relationship to
the cost of providing stormwater management services, systems and
facilities.
C.
In setting or modifying such rates, it shall be the goal of Village
Board to establish rates that are sufficient to support the cost of
the stormwater management services, systems and facilities, including,
but not limited to, the payment of principal and interest on debt
obligations, lease payments, operating expenses, capital outlays,
nonoperating expenses, provisions for prudent reserves and other costs
as deemed appropriate by Village Board.
D.
The Village Manager shall assign a customer classification to all
developed property within the Village that is consistent with the
terms of this chapter. The Village Manager shall be responsible for
reasonably determining the impervious area, land area, land use or
other factors as may be needed for the fair, reasonable and equitable
allocation of the stormwater fee based on what the Village Manager
believes is the best readily available information, including, but
not limited to, data supplied by the Village Assessor, aerial photography,
the property owner, tenant or developer. The Village Manager may require
additional information as necessary to make the determination. The
billing amount shall be updated by the Village Manager to the extent
practicable based on any additions to the impervious area as approved
through the building permit process.
E.
Calculation of the stormwater service charge is as follows:
(1)
The basis of the stormwater utility fee for the stormwater service
charges shall be the Equivalent Runoff Unit (ERU).
(2)
The number of ERUs that will form the basis of the stormwater service
charge for each customer classification shall be established in the
following manner:
(a)
Tier 1 single-family/duplex shall be assigned 1.0 ERU.
(b)
Tier 2 single-family/duplex shall be assigned 1.2 ERUs.
(c)
Tier 3 single-family/duplex shall be assigned 1.6 ERUs.
(d)
Tier 4 single-family/duplex shall be assigned 2.6 ERUs.
(e)
Tier 5 single-family/duplex shall be assigned 4.8 ERUs.
(f)
Tier 6 non-single-family/duplex: the number of ERUs assigned
to the property shall be computed by dividing the total impervious
area of the property by the square footage of an ERU.
(g)
Undeveloped shall be assigned zero ERUs and will not receive
a stormwater utility bill.
The stormwater service charge shall be established from time to time by separate resolution of the Village Board, as a dollar amount per ERU per month, pursuant to the standards described in § 288-6 above. A schedule of current rates shall be maintained on file in the office of the Village Clerk/Treasurer.
A.
Billing.
(1)
Stormwater service charges shall begin to accrue February 10, 2009,
and shall be billed in arrears. A bill for stormwater service charges
may be sent through the United States Postal Service or by alternative
means, notifying the owner or non-owner of the property being billed
of the amount of the stormwater service charge, less credits, the
date the payment is due and the date when payment is past due.
(2)
The stormwater service charge may be billed and collected separately
or along with water and sanitary sewer charges, or along with other
fees for services, as deemed most effective and efficient by the Village
Board.
(3)
The stormwater service charge may be billed to the customer of record
in the Village utility billing system or the owner of the property,
as deemed most effective and efficient by the Village Manager.
(4)
Frequency of the billing of stormwater service charges shall be determined
by the Village Manager.
(5)
Failure to receive a bill shall not be justification for nonpayment.
Regardless of the party to whom the bill is initially directed, the
owner of each developed property subject to stormwater service charges
shall be obligated to pay stormwater service charges as well as any
penalty and/or interest on delinquent stormwater service charge payments.
(6)
The owner of the property will be ultimately held responsible for
the payment of the stormwater service charge.
(7)
The owner of any property which is occupied by a customer of record
shall have the right to examine, during normal business hours, the
appropriate records of the Village to determine whether stormwater
service charges have been paid.
(8)
If an account is underbilled, or if no bill is sent for a particular
tract of developed land, regardless of cause, the Village of Fox Point
Stormwater Utility may back bill for a period of up to one year, but
shall not be entitled to any penalty or interest for any delinquency
during the back-billed period.
B.
Delinquencies and collections.
(1)
Delinquent stormwater service charges may be placed as a lien upon
the property as provided in §§ 66.0821(4)(d), 66.0627
and 66.0809, Wis. Stats.
(2)
A 1% per month, compounded monthly, penalty will be added for all
stormwater service bills that are not paid when due. The additional
penalty provided by § 66.0809(3), Wisconsin Statutes, shall
apply to any delinquent amounts to which such statute applies.
Except as provided in this section, no public or private property
shall receive a credit or offset against stormwater service charges.
No credit, offset or other reduction in stormwater service charges
shall be granted based on the tax status, economic status, race, religion,
age or sex of the owner of the property being served, or based on
any other condition unrelated to the provision of stormwater management
services, systems and facilities. Type II and Type III exemptions,
except as to razed parcels, apply only to work that is conducted on
parcels subsequent to the date of adoption of this chapter. There
shall be three categories of exemptions, as follows:
A.
Type I exemption. The following parcels shall be automatically exempt from all stormwater utility service charges. Customers do not need to apply for an exemption pursuant to § 288-10.
(1)
Railroad tracks and the rights-of-way shall be exempt from stormwater
service charges. However, railroad stations, maintenance buildings
or other developed land used for railroad purposes shall not be exempt
from stormwater service charges.
(2)
Public roadways, public pedestrianways, and private roadways, not
including driveways or parking lots, shall be exempt from stormwater
service charges.
B.
Type II exemption. This subsection shall be referred to as the Village's credit policy. This subsection is intended to provide credits and incentives for parcels with on-site stormwater management and treatment facilities that are designed to properly manage the stormwater runoff in accordance with criteria established herein. Credit determinations shall be made pursuant to the procedures described in § 288-10.
(1)
In order to receive Type II credit exemption a customer must meet
the following criteria:
(a)
The customer must demonstrate that on-site stormwater management
controls, systems, activities or facilities are constructed, operated,
maintained and performed to the standards established by the Village
Manager.
(b)
Customers must be in compliance with a current maintenance plan
that must be on file with the Village Department of Public Works.
(c)
With the exception of razed parcels, the change to the parcel
giving rise to the credit must be made to the parcel subsequent to
the date of adoption of this chapter.
(2)
Single-family/duplex property credit. Single-family and duplex parcel
customers that install and properly maintain a rain garden or a rain
barrel may be eligible for a rebate. This rebate will not be granted
more than once for any customer. Rebate amounts shall be established
from time to time by separate resolution of the Village Board.
(3)
Porous pavement. Porous pavement that is designed and constructed
in accordance with design criteria acceptable to the Village Manager
may be eligible for a rebate. This rebate will not be granted more
than once for any parcel. Rebate amounts shall be established on the
basis of square footage of qualifying porous pavement, by separate
resolution of the Village Board.
(4)
Stormwater quantity credit. Parcels with on-site facilities designed
to meet the then-current standards of the Village stormwater management
criteria may be eligible for up to a 30% reduction in the stormwater
service charge for the parcel, as follows. For purposes of this subsection,
the "twenty-five-year design storm," "ten-year design storm," "five-year
design storm," and "two-year design storm" shall be interpreted based
upon twenty-four-hour storm events with twenty-five-, ten-, five-,
and two-year recurrence intervals, based upon generally accepted engineering
models, as determined by the Director of Public Works/Village Engineer.
(a)
Facilities designed to reduce the discharge rates as follows
and as determined by the Director of Public Works/Village Engineer
may be eligible for a 10% reduction in the stormwater service charge
for the parcel:
[1]
From the postdevelopment peak discharge rate of the twenty-five-year
design storm event to the predevelopment peak discharge event from
the ten-year design storm event.
[2]
From the postdevelopment peak discharge rate of the ten-year
design storm event to the predevelopment peak discharge event from
the five-year design storm event.
[3]
From the postdevelopment peak discharge rate of the five-year
design storm event to the predevelopment peak discharge event from
the two-year design storm event.
(b)
Facilities designed to reduce the discharge rates as follows
and as determined by the Director of Public Works/Village Engineer
may be eligible for a 20% reduction in the stormwater service charge
for the parcel:
[1]
From the postdevelopment peak discharge rate of the twenty-five-year
design storm event to the predevelopment peak discharge event from
the five-year design storm event.
[2]
From the postdevelopment peak discharge rate of the ten-year
design storm event to the predevelopment peak discharge event from
the two-year design storm event.
(c)
Facilities designed to reduce the discharge rates as follows
and as determined by the Director of Public Works/Village Engineer
may be eligible for a 30% reduction in the stormwater service charge
for the parcel:
[1]
From the postdevelopment peak discharge rate of the twenty-five-year
design storm event to the predevelopment peak discharge event from
the two-year design storm event.
(5)
Stormwater quality credit. Parcels with on-site stormwater management
and treatment facilities that properly manage the stormwater runoff
in accordance with the stormwater quality criteria described below
may be eligible for a percentage reduction in the stormwater service
charge for the property, as follows:
(a)
Facilities designed to remove no less than 40% of the average
annual sediment load from stormwater runoff from the site as determined
by the Director of Public Works/Village Engineer may be eligible for
up to a 10% reduction in the stormwater service charge for the parcel.
(b)
Facilities designed to remove no less than 60% of the average
annual sediment load from stormwater runoff from the site as determined
by the Director of Public Works/Village Engineer may be eligible for
up to a 20% reduction in the stormwater service charge for the parcel.
(c)
Facilities designed to remove no less than 80% of the average
annual sediment load from stormwater runoff from the site as determined
by the Director of Public Works/Village Engineer may be eligible for
up to a 30% reduction of the stormwater service charge for the parcel.
(6)
Other special conditions.
(a)
Customers that properly construct and maintain other facilities
that the customer believes provide equivalent levels of peak control
or pollutant reduction to those specified in this section may submit
an application for credit to the Village Manager for consideration.
(b)
Customers of developed property that has been razed of all of
the impervious area on the parcel, and has been restored to a dust-free
and erosion-free condition, may submit an application for credit or
special exemption to the Village Manager for consideration. The customer
shall have the burden to show the extent to which the parcel replicates
predevelopment conditions. To the extent that the parcel replicates
predevelopment conditions regarding stormwater quantity and quality,
the Village Manager may grant a corresponding credit or an exemption
to the parcel.
C.
Type III exemption. Developed property that does not drain into the Village stormwater management systems or onto another Village parcel, directly or indirectly (such a drainage pattern referred to in this subsection as draining "away from Village systems"), or that drains partially away from Village systems, may be eligible for a Type III exemption. Credit determinations shall be made pursuant to the procedures described in § 288-10. The Type III exemption may allow up to a 50% reduction in the stormwater service charge for the parcel, as follows:
(1)
If 100% of the stormwater drains away from Village systems, as determined
by the Director of Public Works/Village Engineer, the customer may
be eligible for up to a 50% reduction in the stormwater service charge
for the parcel.
(2)
If 80% or more but less than 100% of the stormwater drains away from
Village systems as determined by the Director of Public Works/Village
Engineer, the customer may be eligible for up to a 40% reduction in
the stormwater service charge for the parcel.
(3)
If 60% or more but less than 80% of the stormwater drains away from
Village systems as determined by the Director of Public Works/Village
Engineer, the customer may be eligible for up to a 30% reduction in
the stormwater service charge for the parcel.
(4)
If 40% or more but less than 60% of the stormwater drains away from
Village systems as determined by the Director of Public Works/Village
Engineer, the customer may be eligible for up to a 20% reduction in
the stormwater service charge for the parcel.
(5)
If 20% or more but less than 40% of the stormwater drains away from
Village systems as determined by the Director of Public Works/Village
Engineer, the customer may be eligible for up to a 10% reduction in
the stormwater service charge for the parcel.
A.
A customer may apply for an adjustment to the ERUs assigned to his,
her or its property if the customer believes the impervious area measurements
on which the ERU calculation is based are inaccurate.
(1)
All requests for adjustments shall be submitted to the Village Manager,
who shall have the authority to develop and administer the procedures
and standards for the adjustment of the impervious surface area, and
Tier classification for developed single-family and duplex property,
or ERU determination for developed non-single-family property.
(2)
Customers may seek an adjustment at any time by submitting the request
in writing and set forth in detail the grounds upon which relief is
sought. The application shall be submitted on forms as may be required
by the Village Manager, and shall include such information as may
be required on the form.
(3)
The application shall include payment of an application fee as may
be established from time to time by separate resolution of the Village
Board.
(4)
Customers requesting the adjustments may be required, at his, her
or its own expense, to provide supplemental information to the Village
Manager, including but not limited to survey data approved by a registered
land surveyor (RPLS) and engineering reports approved by a professional
engineer (PE). Failure to provide such information within the time
limits established by the Village Manager, as may be reasonably extended,
may result in denial of the adjustment request.
(5)
Once a completed adjustment request and all required information
is received by the Village Manager, the Village Manager shall endeavor
to render a written decision within 30 calendar days. Concurrent payment
of any charges allocated to the property is not required as a condition
precedent to this request for review.
(6)
In considering an adjustment request, the Village Manager shall consider
whether the calculation of the impervious surface area, Tier classification
for developed single-family and duplex property, and ERU calculation
for developed non-single-family property is correct.
(7)
The Village Manager's decision shall be mailed to the address
provided on the adjustments request and service shall be complete
upon mailing.
B.
A customer may apply for a credit to their stormwater charge if the property is eligible for a credit pursuant to the Village credit policy, described in § 288-9B or C above. Applications shall be submitted and processed as follows:
(1)
All requests for credits shall be submitted to the Village Manager,
who shall have the authority to develop and administer the procedures
and standards for the credits in accordance with the requirements
of this chapter.
(2)
Customers must apply for any credits that they believe apply. The
Village will consider only such credits for the parcel as are requested
in the application.
(3)
The application for any credit must be in writing and must include
the information necessary to establish eligibility for the credit.
The application shall be submitted on forms as may be required by
the Village Manager, and shall include such information as may be
required on the form. Incomplete applications will not be accepted
by the Village Manager, or may be rejected on that basis.
(4)
The application shall include payment of an application fee as may
be established from time to time by separate resolution of the Village
Board.
(5)
Stormwater utility fees may be credited or adjusted retroactively
to the date the Village Manager received the completed application.
(6)
When an application for a credit is deemed complete by the Village Manager, the Village Manager shall endeavor to render a written decision within 30 days from the date the complete application is accepted of either: granting the credit in whole, granting the credit in part, or denying the credit. Credits applied for by the customer in the first year of the stormwater utility fee, and granted in whole or in part, shall apply to all stormwater service charges accruing in that first year. Beginning the second year, credits applied for by the customer, and granted in whole or in part, shall apply from the first day of the calendar month immediately following the date on which a complete application for the credit has been filed with the Village Manager. The customer may appeal such determination pursuant to § 288-11.
(7)
A customer shall not have to reapply annually for the credit granted, but the Village Manager may review the credit and the basis thereof, no more frequently than annually, and may terminate the credit if the Village Manager finds grounds for doing so. If such credit is terminated, the customer will be notified in writing and may appeal such determination pursuant to § 288-11, or may, if possible, correct the deficiencies which caused the termination and reapply for the credit.
A.
Within 30 calendar days after the date of the mailing of the Village
Manager's decision, the customer may appeal the Village Manager's
decision to the Board of Appeals by filing a written appeal with the
Village Clerk/Treasurer. The appeal must include payment of the application
fee as may be established from time to time by separate resolution
of the Village Board. The written appeal shall specify all grounds
for the challenge and shall state the amount of stormwater service
charge that the customer considers to be appropriate. The appeal must
specifically address the Village Manager's conclusions and not
merely repeat the bases for the initial request. Failure to timely
and properly appeal shall deprive the Board of Appeals of jurisdiction
to hear the appeal, and the appeal shall be dismissed.
B.
The Board of Appeals shall conduct a formal hearing at such time
and place as designated in a hearing notice to the customer, providing
a minimum of five business days notice to the customer. In considering
an appeal, the Board of Appeals shall determine whether the stormwater
service charge is fair and reasonable. The decision shall be based
upon the evidence presented at the hearing. The Board of Appeals shall
notify the customer in writing of its determination by first class
mail addressed to the individual at the address listed within the
appeal. Service is conclusive upon mailing.
C.
As a condition precedent to any adjustment or credit request, or
of bringing or continuing any appeal, a customer must have paid in
full all stormwater service charges to the Village, and failure of
timely payment shall deprive the Board of Appeals of jurisdiction,
which is not restored upon delinquent payment, and the appeal shall
be dismissed.
D.
If an appeal is granted, stormwater charges shall be adjusted on
a going-forward basis, commencing on the date of the decision that
was appealed. If as a result of the Board of Appeals decision, the
customer is due a refund, the refund shall be paid by a reduction
of the next stormwater service bill, or if the refund is larger than
the next bill, then such bill shall be reduced to zero and the subsequent
bill shall also be reduced, and so forth, until the full refund is
credited to the parcel. Any refund shall run with the parcel and not
with any particular customer or owner.
The stormwater utility finances shall be accounted for in a
separate Stormwater Utility Enterprise Fund by the Village. Any excess
of stormwater utility revenues over expenditures in a year will be
retained by the Fund for subsequent years' needs of the stormwater
utility.
This chapter shall be interpreted liberally to secure the ends
sought hereby.
