The Common Council of the City of Prescott finds that the management
of stormwater and other surface water discharges within and beyond
the Mississippi River, St. Croix River and other bodies of water within
or adjacent to the City is a matter that affects the health, safety
and welfare of the City, its citizens and businesses and others in
the surrounding area. Failure to effectively manage stormwater affects
the sanitary sewer utility operations of the City by, among other
things, increasing the likelihood of infiltration and inflow into
the sanitary sewer system. Surface water runoff may cause erosion
of lands, threaten residences and businesses with water damage, and
create environmental damage to the rivers, streams and other bodies
of water within and adjacent to the City. A system for the collection
and disposal of stormwater provides services to all properties within
the City of Prescott and surrounding areas, including those properties
not currently served by the system. The cost of operating and maintaining
the City stormwater management system and financing necessary repairs,
replacements, improvements and extensions thereof should, to the extent
practicable, be allocated in relationship to the services received
from the system. In order to protect the health, safety and welfare
of the public, the Common Council hereby exercises its authority to
establish a stormwater utility and establish the rates for stormwater
management services. In promulgating the regulations contained in
this article, the City is acting pursuant to authority granted by
Chapters 62 and 66 of the Wisconsin Statutes, including, but not limited
to, §§ 62.04, 62.11, 62.18, 66.0621, 66.0627, 66.0809,
66.0811 and 66.0821, Wis. Stats.
There is hereby established a stormwater utility in the City
of Prescott. The operation of the stormwater utility shall be under
the supervision of the City Administrator.
The City, acting through the stormwater utility, may acquire,
construct, lease, own, operate, maintain, extend, expand, replace,
clean, dredge, repair, conduct, manage, and finance such facilities,
operations and activities as are deemed by the City to be proper and
reasonably necessary for a system of stormwater 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 facilities as will support a stormwater management system.
Additionally, the City, through the utility, shall educate and inform
the public on proper stormwater management techniques.
The following categories of properties shall be exempt from
the imposition of stormwater utility charges:
A. Railroad tracks and rights-of-way; however, railroad stations, maintenance
buildings or other developed land used for railroad purposes shall
not be exempt from stormwater utility charges.
B. Public road rights-of-way.
C. Any water body wholly or partially within a parcel that can be classified
as waters of the State of Wisconsin.
Except for single-family residential, a property owner shall
be responsible for submitting a stormwater utility service application
at the time a building permit is issued or a site plan review is conducted.
The application shall be made on a form prescribed by the City and
provided with each application for a building permit or application
for site plan review. Failure to submit such stormwater utility service
application or providing false information on such form shall be a
violation of this article.
A person violating §
500-39 of this article shall, upon conviction, pay a forfeiture as provided in §
1-4 of this Code for each offense, in addition to the costs of prosecution which are allowed by law. Each day during which a violation exists shall constitute a separate offense.