[Adopted as § 4.5 of the 2000 Code]
The rules, regulations and rates set forth in this section shall apply to all real property within the boundaries of the Village of Hobart.
The Village of Hobart finds that the management of stormwater and other surface water discharges within and beyond its borders is a matter that affects the public health, safety, and welfare of the Village, its citizens, businesses, and others in the surrounding area. The development of land increases impervious surfaces and results in increased stormwater runoff. Failure to effectively manage this increased stormwater runoff affects the sanitary sewer utility operations of the Village Sanitary District by, among other things, increasing the likelihood of infiltration and inflow into the sanitary sewer. In addition, surface water runoff may create erosion of lands, threaten businesses and residences with water damage and create sedimentation and other environmental damage in surrounding areas such as, Ashwaubenon Creek, Duck Creek, Dutchman's Creek, Hemlock Creek, Lancaster Brook, Silver Creek, and Trout Creek. Specific requirements have been placed on the Village through the Wisconsin Department of Natural Resources' (DNR) Regulation 216 requiring the Village to improve the quality of stormwater discharged to the waters of the state.
The cost of operating and maintaining the Village stormwater management system, ensuring regulatory compliance, and financing necessary plans, studies, repairs, replacements, improvements and extension thereof should, to the extent practicable, be allocated in relationship to the benefits enjoyed and services received therefrom.
In order to protect the health, safety, welfare of the public, Village assets, and natural resources, the Village Board is exercising its authority to establish the Village of Hobart's Stormwater Management Utility and set the rates for stormwater management services.
The operation of the Stormwater Management Utility shall be under the supervision of the Village Board. The Village Administrator will be in charge of the Stormwater Management Utility.
The Village is acting under the authority of Article I, Stormwater Runoff, of this chapter, Chapters 61 and 66 of the Wisconsin Statutes, and particularly without limitation the following sections: §§ 66.0621, 66.0627, 61.34, 61.354, 66.0701, 66.0703, 66.0809, 66.0811, 66.0813 and 66.0821.
Facilities. The Village, through the Stormwater Management Utility may acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair, conduct, manage and finance such facilities as are deemed by the Village to be proper and reasonably necessary for a system of storm and surface water management. These facilities may include, without limitation by enumeration, surface and underground drainage facilities, sewers, watercourses, retaining walls and ponds and such other facilities as will support a stormwater management system.
Rates and charges. The Village, through the Stormwater Management Utility may establish such rates and charges as are necessary to finance planning, design, construction, maintenance, administration, and operation of the facilities in accordance with the procedures set forth in this article.
Budgeting process. The Village through the Stormwater Management Utility shall prepare an annual budget, which is to include all operation and maintenance costs, debt service, administrative fees and other costs related to the operation of the Stormwater Management Utility. The costs shall be spread over the rate classifications as determined by the Board. The budget is subject to the public hearing and approval process, set forth in Wis. Stats. § 65.90.
Excess revenues. The Village will retain any excess of revenues over expenditures in a year in segregated Stormwater Enterprise Fund which shall be used exclusively for purposes consistent with this article.
Financing methods. The Village has the authority provided in § 66.0821, and may exercise such authority with respect to all financing methods such as user charges and liens so stated therein.
In this chapter, the following terms have the meanings set forth below:
- The Village Administrator or his/her designee.
- AGRICULTURAL LAND USES
- Related to or used for production of food and fiber, including but not limited to, general farming, livestock and poultry enterprises, grazing, nurseries, horticulture, viticulture, truck farming, forestry, sod production, cranberry productions and wild crop harvesting and includes lands for on-site buildings and other structures necessary to carry out such activities.
- DEVELOPED PROPERTY
- The real property that has been altered from its natural state by the addition of any improvements that may include a building, structure, impervious surface, and change in grade or landscaping.
- DETENTION STORAGE
- The temporary detaining or storage of stormwater in reservoirs under predetermined and controlled conditions, with the rate of discharge regulated by installed devices.
- DUPLEX UNIT
- A residential space containing two dwelling units.
- DWELLING UNIT
- One or more rooms that are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each dwelling unit.
- EQUIVALENT RUNOFF UNIT or ERU
- The term "ERU" means the statistical average of horizontal impervious area of single-family homes within the Village of Hobart on the date of the adoption of this article. The horizontal impervious area includes, but it is not limited to, all areas covered by structures, roof extensions, patios, porches, driveways, and sidewalks.
- FARMSTEAD HOME SITE
- That portion of any agricultural property which contains one or more dwelling units and vehicle garage, regardless of whether the dwelling units are on a separate lot or parcel.
- IMPERVIOUS AREA or IMPERVIOUS SURFACE
- Areas that have been paved, covered or compacted to inhibit the natural infiltration of water into the soil or cause water to run off the area in greater quantities or at an increased rate of flow from the present under the natural conditions as undeveloped property. Such areas may include, but are not limited to, roofs, roof extensions, patios, porches, driveways, sidewalks, pavement, gravel, athletic courts, and compacted surfaces, private roads, and parking lots. Excluded from this definition are undisturbed land, lawn, fields and public streets.
- A parcel of land having a width and depth sufficient for one principal building and its accessory building together with open spaces required by Chapter 295, Zoning, and abutting a public street or access easement.
- MULTIFAMILY UNIT
- A residential space consisting of three or more dwelling units within a single building including apartments, residential condominiums, and townhouses.
- NONRESIDENTIAL PROPERTY
- Any developed lot or parcel other than residential property as defined herein, including, but not limited to, transient rentals (such as hotels and motels), mobile home parks, commercial, industrial, institutional, governmental property, parking lots, and agricultural accessory buildings.
- RESIDENTIAL PROPERTY
- Any lot, parcel or farmstead home site with a vehicle garage developed exclusively for residential purposes including single-family homes, duplex units, multifamily units, manufactured homes and condominiums, but not including transient rentals (such as hotels and motels) and mobile home parks.
- The surface water, including rain and snowmelt, which is inhibited by impervious surfaces from naturally infiltrating into soil.
- SINGLE-FAMILY HOME
- Any residential property consisting of a single dwelling unit.
- STORMWATER SYSTEM
- Any natural or man-made stormwater conveyance facility; means all constructed facilities or natural features used for collecting, storing, and conducting stormwater to, through, and from drainage areas to a point of outlet. It may be operated or maintained by the Village, including but not limited to retention/detention ponds, ditches, storm sewer, roads and navigable and non-navigable waterways.
- UNDEVELOPED PROPERTY
- Property that has not been altered by the addition of any improvements such as a building, structure, change of grade or substantial landscaping; agricultural use of property; or property that has been graded for residential or commercial development but does not have buildings, structures or other improvements. A property shall be considered developed pursuant to this chapter upon issuance of a certificate of occupancy, or upon substantial completion of construction or final inspection if no such certificate is issued or where construction is at least 50% complete and construction is halted for a period of three months.
The Village Board shall establish a uniform system of stormwater service charges that shall apply to each and every lot or parcel within the Village. It shall be the policy to establish stormwater service charges in such amount in order to pay for all or a part of operation and maintenance, administrative fees, debt service, and other costs related to the operation of the Stormwater Management Utility. The Village Board may establish and modify stormwater service charges, as necessary, so as to assure that the charge generate adequate revenues to pay the costs of the stormwater management program and that costs are allocated fairly and proportionately to all parcels in the Village.
By this article, the Village Board is establishing the basis for the rates that will be used to calculate and impose a charge upon each developed lot and parcel within the Village for services and facilities provided by the Stormwater Management Utility consistent with this article. Charges imposed under this chapter are in addition to assessments imposed by resolution of the Village Board.
The amount of the charge to be imposed for each customer classification shall be made by resolution of the Village Board. The current rates will be set forth in a Stormwater Utility Rate Table and kept on file in the office of the Village Clerk-Treasurer. The rates shall be reviewed by the Village Board on an annual basis and adjusted as necessary.
Charges shall be imposed to recover all or a portion of the costs for the Stormwater Management Utility set forth in Subsection A. Such charges may include the following components:
Base charge (BC). The base charge may be imposed on all developed property in the Village. The base charge will be designed to reflect the fact that all developed properties benefit from the stormwater management activities of the Village and that all developed properties contribute in some way to the stormwater discharge that must be managed by the Village. The base charge will be designed to collect the administrative costs of the storm sewer utility and the portion of capital costs not covered by other means.
Equivalent runoff unit (ERU) charge. The ERU charge shall be imposed for all property in the Village based upon the amount of impervious area as reasonably determined by the Administrator under § 150-34.
Special charge (SC). A special charge may be imposed on property that is in a specific area benefited by a particular stormwater management facility. The special charge will be developed to reflect the benefits/services in a particular area that may not be appropriate to spread to property throughout the Village. The special charge shall be calculated on an ERU basis or impervious surface area.
Connection charge (CC). A one-time charge may be imposed when a property is converted from undeveloped to developed property or otherwise becomes connected to the Village stormwater management system. The charge may vary based on the size of the parcel.
The Village Board may make such other classifications in accordance with § 150-34 as will be likely to provide reasonable and fair distribution of the costs of the Stormwater Management Utility. In so doing, the Board may provide credits against certain charges set for the above facilities installed and maintained by the property owner for the purpose of lessening the stormwater flow from that given property.
The Village of Hobart is hereby appointed as the collection agency for the Village Stormwater Utility. Bills shall be prepared by the Village, or its agent, and sent to the owner a minimum of 30 days prior to such bill being due pursuant to § 150-35 of each premises served. The Village shall allocate the actual cost of billing and collecting as a base charge.
The Village Board may provide credits against the ERU and SC charges pursuant to Subsections B through I of this section. The Village Board will not provide credits against the base charge or connection charge, unless a scrivener error is made and it is determined that the property owner paid an erroneous charge.
To be entitled to consideration for a credit, the property owner shall file an application together with a review fee with the Village Administrator that is supported by documentation from a professional engineer and demonstrates the conditions of this section have been met. The application is subject to review and approval of the Administrator. If the Administrator and property owner cannot agree on credits, then the Administrator can deny the application unless the property owner agrees to pay for the necessary engineering services.
Credits may be provided under the following circumstances:
A nonresidential property owner may seek a credit on the ERU charge where they have installed and maintained facilities that result in an approved stormwater system on site. An ERU credit may be obtained based on the percent of a twenty-five-year storm event that is detained on site prior to discharge.
Any property owner may seek a credit on the SC charge if stormwater from the property does not drain into any stormwater system that is the subject of the special charge.
An 80% credit for parcels used exclusively for agricultural, forest, or agricultural forest.
An 80% credit for agricultural buildings being used as such on exclusively agricultural classified property.
A maximum of 50% credit if the property owner can document to the Administrator that an on-site approved stormwater system is treating stormwater.
No credit shall be considered for any "natural" features, limited to, wetlands, streams, and creeks, floodplains, or water impoundment of any kind in existence prior to the passage of this article.
The Administrator may revoke the credit if the basis for the credit has materially changed. The Administrator shall provide at least 30 days' advance written notice of any proposed revocation.
For purposes of imposing the base and ERU charges, all lots and parcels within the Village shall be classified into the following five customer classes:
The Administrator shall prepare a list of lots and parcels within the Village of Hobart and assign a customer classification of residential, nonresidential, or undeveloped to each lot or parcel.
The average square footage of impervious area of one ERU is established to be equivalent to 4,000 square feet.
ERUs shall be calculated per classification as follows:
Residential: single-family, including mobile homes: 1 ERU.
Residential: duplex: 0.75 ERU for each dwelling unit.
Residential: multifamily including condominiums, townhouses and apartment: 0.6 ERU times the number of dwelling units.
The charges imposed for nonresidential properties, as defined herein, shall be the rate for one ERU, multiplied by the numerical factor obtained by dividing the total impervious area of nonresidential property by the square footage of one ERU. The factor shall be rounded down to the nearest 1/10th, i.e.:
The Administrator/Consultant shall be responsible for determining the impervious area, based upon the best available information, including, but not limited to, data supplied by the Public Works Director, aerial photography, the property owner, tenant, or developer. The Administrator/Consultant may require additional information, as necessary, to make the determination. The billing amount shall be updated by the Administrator/Consultant on any additions to the impervious area. Upon property owner's written notification and request, the Administrator/Consultant shall review impervious area for possible reductions.
All unoccupied developed lots and parcels shall be subject to the stormwater utility charges. Upon filing of a final plat or certified survey map, a charge of 0.5 ERU times the rate shall be imposed on each newly created undeveloped lot. Appropriate ERU rate charges shall be made in accordance with the "new construction" section at the time of building construction.
All undeveloped lands and parcels, including agricultural, forest, and agricultural forest classified properties, shall be subject to the stormwater utility charges. The minimum charges for any nonresidential parcel shall be equal to the rate of 2/10 of one ERU per parcel up to 100 acres.
[Amended 1-16-2018 by Ord. No. 2018-02]
For nonresidential parcels, the Stormwater Management Utility charges will be billed 50% in the succeeding tax year, and 100% or the amount identified through the credit application process on an annual basis thereafter, following the issuance of a building permit. For all other parcels, Stormwater Management Utility charges will be billed in advance and on an annual basis thereafter, following the issuance of a building permit. Nothing in this section shall be construed to preclude the Stormwater Management Utility from billing on a more frequent basis should the frequency of billing for municipal water and sanitary sewer service be increased.
The Stormwater Management Utility charge, a determination of ERUs, or ERU credits may be appealed by filing a written appeal with the Village Clerk-Treasurer prior to the utility charge due date if not paid or within 30 days of payment. The appeal shall specify all bases for the challenge and the amount of the stormwater charge the appellant asserts is appropriate. Failure to file a timely appeal waives all rights to challenge such charge.
The Village Administrator will determine whether the stormwater charge is fair and reasonable, or whether an adjustment or refund is due the appellant. The Administrator may act with or without a hearing, and will inform the appellant in writing of his or her decision.
The appellant has 30 days from the decision of the Administrator to file a written appeal to the Village Board.
The Village Board shall review said written appeal and shall determine whether the stormwater charge is fair and reasonable, or whether an adjustment or refund is due the appellant. The Village Clerk-Treasurer shall provide five business days' prior written notice of the time and place of the Board's consideration of the appeal to the appellant/owner at the address listed in the appeal. The appellant shall be notified in writing, by first class mail, of the Board's decision. If the Board or the Administrator determines that a refund is due the appellant, the refund will be applied as a credit on the customer's next stormwater bill or will be refunded at the discretion of the Administrator.
In addition to any other method of charging for Stormwater Management Utility costs, the Village Board may by resolution collect special assessments on property in a limited and determinable area for special benefits conferred upon property pursuant to Wis. Stat. § 66.0703. The failure to pay such special assessments may result in a lien on the property enforced pursuant to Wis. Stat. § 66.0703(13).
The Stormwater Utility finances shall be accounted for in a separate Stormwater Management Fund by the Village. The Utility shall prepare an annual budget, which is to include all operation and maintenance costs, administrative costs, debt served and other costs related to the operation of the Stormwater Utility. The budget is subject to the approval by the Village Board. The costs shall be spread over the rate classifications as determined by the Board. Any excess of revenues over expenditures in a year will be retained by the Stormwater Management Fund for subsequent years' needs.