[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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
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.
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.
The temporary detaining or storage of stormwater in reservoirs
under predetermined and controlled conditions, with the rate of discharge
regulated by installed devices.
A residential space containing two dwelling units.
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.
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.
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.
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.
A residential space consisting of three or more dwelling
units within a single building including apartments, residential condominiums,
and townhouses.
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.
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.
Any residential property consisting of a single dwelling
unit.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
Credits may be provided under the following circumstances:
(1)
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.
(2)
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.
D.
An 80% credit for parcels used exclusively for agricultural, forest,
or agricultural forest.
E.
An 80% credit for agricultural buildings being used as such on exclusively
agricultural classified property.
F.
A maximum of 50% credit if the property owner can document to the
Administrator that an on-site approved stormwater system is treating
stormwater.
G.
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.
H.
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.
A.
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:
B.
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.
C.
The average square footage of impervious area of one ERU is established
to be equivalent to 4,000 square feet.
D.
ERUs shall be calculated per classification as follows:
(1)
Residential: single-family, including mobile homes: 1 ERU.
(2)
Residential: duplex: 0.75 ERU for each dwelling unit.
(3)
Residential: multifamily including condominiums, townhouses and apartment:
0.6 ERU times the number of dwelling units.
(4)
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.:
|
Impervious area in square feet
4,000 square feet
|
= 1 ERU rate
|
|
e.g.,
|
10,500 square feet
4,000 square feet
|
= 2.625 ERUs = 2.6 ERUs
|
(5)
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.
(6)
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.
(7)
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.
A.
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.
B.
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.
C.
The appellant has 30 days from the decision of the Administrator
to file a written appeal to the Village Board.
D.
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.
[Added 12-15-2020 by Ord. No. 2020-09; 9-6-2022 by Ord. No. 2022-17]
A.
Purpose and intent. The Village of Hobart's stormwater utility
may participate in stormwater improvement projects on private property
within the Village of Hobart if certain criteria and determinations
as described below are fulfilled, and the financial condition of the
utility is conducive to funding such projects.
B.
Eligibility. Stormwater improvements on private property, for which
any portion will be funded by the Village are eligible for such Village
funding only if all of the following conditions exist:
(1)
If a stormwater management plan, as prescribed in §§ 150-8 and 150-9 above exists for the property, the property must be in compliance with that preexisting plan, at the time of the request, as determined by the Director of Public Works. The absence of a stormwater management plan for a property where improvements are requested to be made shall not be considered a cause for ineligibility.
(2)
If a stormwater management plan, as prescribed in §§ 150-8 and 150-9 above, exists for multiple properties, all of these properties must be in compliance with that preexisting plan at the time of the request. The absence of a stormwater management plan for a property where improvements are requested to be made shall not be considered a cause for ineligibility.
(3)
No person or entity making or benefiting from the request has contributed
to the cause of the stormwater drainage problem, as determined by
the Director of Public Works.
(4)
The Village is granted, at no cost to the Village, all perpetual
easements necessary for the construction and maintenance of the requested
stormwater improvements.
(5)
The stormwater drainage problem which is the reason for the request,
creates a health or public safety issue, creates a risk of damage
to Village infrastructure, has a detrimental effect on the creation
and maintenance of an uninterrupted stormwater management system throughout
the entire Village or is otherwise warranted due to public necessity,
convenience or welfare.
(6)
The Village stormwater utility is financially able to fund the requested
project as determined by the Village Administrator.
C.
Development of stormwater improvement plan. The Director of Public
Works shall formulate a plan to install a stormwater improvement on
private property if the project has been determined to be eligible
for Village funding from the stormwater utility, as prescribed above.
(1)
Any plan must clearly delineate which portion of the proposed improvement
is on public and private property.
(2)
Any plan must identify any properties that will be affected by the
improvement or has created or enhanced the stormwater issue.
(3)
Any proposed improvement that is projected to cost less than $5,000,
including all labor, materials, surveying, legal fees and engineering
fees and everything else needed to complete the project (project cost),
may be approved by the Village Administrator and the Director of Public
Works. The Village Administrator and Director of Public Works shall
notify the Village Board and Public Works and Utilities Advisory Committee,
either in writing or verbally at their next scheduled meeting, of
any such improvement being approved.
(4)
Any proposed improvement for which the project cost is projected
to cost more than $5,000 must receive final approval by the Village
Board, following a review and recommendation by the Public Works and
Utilities Advisory Committee.
D.
Funding of improvements.
(1)
The Village may pay up to 50% of the project cost on private property.
The remaining project cost shall be allocated as follows:
(a)
Single property. If the improvements are to be made on one or
more parcels, owned by the same individual or entity, the remaining
project costs must be paid by the individual or entity, either in
full upon completion or within a five-year period, with annual equal
payments, with the property owner signing a payment schedule agreement,
which the Village may record against the affected properties.
[1]
Failure to pay the balance in full within the five-year period
will result in the placement of the unpaid balance on the tax roll
by the Village.
(b)
Multiple properties. If the improvements are to be made on one
or more parcels, owned by the different individuals or entities, the
remaining project costs will be allocated on a percentage basis based
on the square footage of the parcels affected by the project and contributing
to the stormwater problem. The payments may be made either in full
upon completion or within a five-year period, with annual equal payments,
with the property owners signing a payment schedule agreement, which
the Village may record against the affected properties.
[1]
Payment of the allocated costs may be made either in full upon
completion or within a five-year period, with annual equal payments,
with the property owner signing a payment schedule agreement. Each
affected property owner must agree to and sign a cost-sharing agreement
prior to commencement of the stormwater improvements. Failure of any
of the affected property owners to participate in the cost-sharing
agreement shall result in the cancellation of the stormwater improvement
project or the implementation of special assessments for the purpose
of applying the costs of the proposed improvement to individual properties.
[2]
Failure to pay the balance in full within the five-year period
will result in the placement of the unpaid balance on the tax roll
by the Village.
(2)
Special charges. In addition to any other methods of charging for
stormwater management utility costs, the Village Board may by resolution
collect special charges on property in a limited and determinable
area for special benefits conferred upon property pursuant to § 66.0703,
Wis. Stats. The failure to pay such special charges may result in
a lien on the property enforced pursuant to § 66.0703(13),
Wis. Stats.
(3)
The Village will not pay any property owner or entity for the granting
of any easement needed to undertake a stormwater improvement project
or the maintenance following the installation of said improvements.
(4)
The need for and the nature of maintenance of any stormwater improvements
initiated pursuant to this section, shall be determined by the Director
of Public Works. The cost of maintenance of the stormwater improvements
under this section shall be performed by the Village and the cost
shall be paid under the same financial terms are prescribed under
the original financing plan for the initial improvements. All properties
participating in the future maintenance shall record the obligation
on the property with the Brown County Register of Deeds.
E.
Miscellaneous provisions.
(1)
Prior to the commencement of a stormwater improvement project on
private property, the property owner or owners must do the following
at their own expense, the cost of which shall not be considered part
of the project cost:
(a)
Identify and clearly mark all property pins on the affected
properties.
(b)
Identify and clearly mark any private utilities, such as, but
not limited to, underground sprinkler systems, underground electric
pet fences, etc. The Village shall not be liable for any damage to
said private utilities if they have not clearly identified and marked
prior to the commencement of the project.
(c)
Remove any above-ground structures and appurtenances as requested
by the Village or the entity performing the stormwater improvement
project. The Village shall not be liable for any damage to said aboveground
structures and appurtenances if they have not been removed, as requested,
prior to the commencement of the project.
(2)
The Village shall not be responsible for, and will not provide funding,
for any relocation or temporary removal of any public utilities prior
to the commencement of or during the installation of any stormwater
improvement on private property. The responsibility for said removal
or relocation shall be borne in its entirety by the affected property
owners, and shall not be considered part of the project costs.
(3)
Any modification, alteration or adulteration of a stormwater improvement
project, as prescribed in this section, following the installation
of said project, without approval of the Director of Public Works,
by any owner of a property where said improvement is made, or by the
owner of any property which has been affected by the improvement,
will make any future corrections, improvements, alterations, modifications,
or enhancements of the original improvement ineligible for Village
funding, as prescribed in this section.
F.
Appeals. Any appeal of a project plan as prescribed in Subsection C above, or denied as prescribed in Subsection B above, must be filed, in writing, with the Village Clerk-Treasurer. Failure to file a timely appeal, within 30 days of the improvement plan as prescribed in Subsection C above, or the denial of a requested improvement as prescribed in Subsection B above, waives all rights to challenge such determinations and findings by the Village.
(1)
The Public Works and Utilities Advisory Committee shall hold a hearing
of the appeal within 45 days of said appeal being filed. The Committee
shall file a recommendation on the appeal with the Village Board at
the conclusion of the hearing.
(2)
The Village Board shall hold a hearing on the appeal within 45 days
of the recommendation being filed by the Public Works and Utilities
Advisory Committee and make a final determination on the appeal.
