[Adopted 3-13-2002 (Ch. 16 of the 1998 Code)]
A.
The Village of Bellevue 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 and 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 in 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 the Village.
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 and welfare of the public,
the Village Board is exercising its authority to establish the Village
of Bellevue 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 stormwater 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 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 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 § 65.90, Wis. Stats.
D.
Excess revenues. The Village will retain any excess of revenues over
expenditures in a year in a segregated Stormwater Enterprise Fund
which shall be used exclusively for purposes consistent with this
article.
In this article, the following terms have the meanings set forth
below:
The Village Administrator or his designee.
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 unit by which a storm sewer charge is calculated in this
article and is based on average horizontal impervious area of a fully
developed single-family parcel within the Village. An ERU is established
as 3,221 square feet.
That portion of any agricultural property which contains
one or more dwelling units, regardless of whether the dwelling units
are on a separate lot or parcel.
A horizontal surface that has been compacted or covered with
a layer of material so that it is highly resistant to infiltration
by rainwater. It includes, but is not limited to, semi-impervious
surfaces such as compacted clay as well as streets, roofs, sidewalks,
parking lots, driveways and other similar surfaces.
A parcel of land having a width and depth sufficient for
one principal building and its accessory building together with open
spaces required by the Village of Bellevue Zoning Ordinance and abutting
a public street or access easement.
A residential space consisting of three or more dwelling
units.
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, and commercial, industrial,
institutional, and governmental property and parking lots.
Any lot, parcel or farmstead home site developed exclusively
for residential purposes, including single-family homes, duplex units,
and multifamily units, but not including transient rentals (such as
hotels and motels) and mobile home parks.
Any residential property consisting of a single dwelling
unit.
Any natural or man-made stormwater conveyance facility 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 article 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.
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 article are in addition to assessments imposed under Chapter 49, Article II, of this Code.
B.
The amount of the charge to be imposed for each customer classification
shall be made by resolution. All rates established pursuant to this
article will be fair and reasonable. The current rates will be on
file with the Village Clerk.
C.
Charges shall be imposed to recover all or a portion of the costs
for the Stormwater Management Utility. 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 Stormwater Management Utility and the portion of capital
costs not covered by other means.[1]
(2)
Equivalent runoff unit (ERU) charge. The ERU charge may be assessed for each developed property in the Village based upon the amount of impervious area as reasonably determined by the Administrator under § 400-7 of this article.
(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.
(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.
[1]
Editor's Note: Former § 400-6, Credits, was repealed 2-24-2021 by Ord. No. O-2021-04.
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 within the Village
and assign a customer classification to each lot or parcel.
C.
Equivalent runoff units shall be calculated per classification as
follows:
(1)
Residential — single family: one ERU.
(2)
Residential — duplex: 0.75 ERU for each dwelling unit.
(3)
Residential — multifamily: 0.6 ERU times the number of dwelling
units.
(4)
For nonresidential properties equal to or greater than three acres,
the Administrator shall be responsible for determining the impervious
area based on the best available information, including but not limited
to data supplied by the Village Assessor, aerial photography, the
property owner, tenant or developer, or actual on-site measurement.
The Administrator may require additional information as necessary
to make the determination. The billing amount shall be updated by
the Administrator based on any additions to the impervious area as
approved through the building permit process.
(5)
For nonresidential construction less than three acres the impervious
area shall be the total acreage of the parcel minus the green space
requirement from the Village of Bellevue Zoning Ordinance divided
by the ERU. The property owner may seek an adjustment of the ERU by
providing appropriate supporting data acceptable to the Administrator.
(6)
Undeveloped properties: no ERU.
A.
Stormwater Management Utility charges will be billed quarterly with
said charges to appear on the bill issued for municipal water and
sanitary sewer service. Irrespective of the service periods for municipal
water and sanitary sewer service, the first charges billed by the
Stormwater Management Utility shall be for the quarter beginning April
1, 2002, and ending June 30, 2002. Nothing in this subsection 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.
[Added 5-8-2002]
B.
The bills for Stormwater Management Utility charges shall be mailed
to the designated utility bill recipient, but this mailing shall not
relieve the owner of the property from liability for rental property
in the event payment is not made as required in this article. The
owner of any property served which is occupied by tenants shall have
the right to examine collection records of the Village for the purpose
of determining whether such charges have been paid for such tenants,
provided that such examination shall be made at the office at which
the records are kept and during the hours that such office is open
for business.
C.
If Stormwater Management Utility charges remain unpaid after a period
of 30 days from the date the utility bill was mailed, such bill shall
be determined delinquent. The Village may collect delinquent charges
under §§ 66.0821(4) and 66.0809(3), Wis. Stats.
D.
All delinquent charges shall be subject to a three-percent penalty
per quarter in addition to all other charges, including prior penalties
or interest, that exist when the delinquent charge is extended upon
the tax roll.
E.
For any Stormwater Management Utility services provided for which
a service charge was or was not charged, billing or credits for such
services shall be issued up to 24 months from the date of discovery
of such error.
[Added 2-24-2016 by Ord.
No. O-2016-06]
A.
The Stormwater Management Utility charge or determination of ERUs
may be appealed by filing a written appeal with the Village Clerk
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 customer asserts is appropriate.
Failure to file a timely challenge waives all right to later challenge
that charge.
[Amended 2-24-2021 by Ord. No. O-2021-04]
B.
The Village Administrator will determine whether the stormwater charge
is fair and reasonable or whether a refund is due the customer. The
Administrator may act with or without a hearing and will inform the
customer in writing of his or her decision.
C.
The customer has 30 days from the decision of the Administrator to
file a written appeal to the Village Board.
D.
If the Board or the Administrator determines that a refund is due
the customer, the refund will be applied as a credit on the customer's
next quarterly stormwater billing, if the refund will not exceed the
customer's next quarterly stormwater billing, or will be refunded
at the discretion of the Administrator.
A.
In addition to any other method for collection of the charges established
pursuant to this article for Stormwater Management Utility costs,
the Village Board finds that these charges may be levied on property
as a special charge pursuant to § 66.0627, Wis. Stats. The
charges established hereunder reasonably reflect the benefits conferred
on property and may be assessed as special charges. The mailing of
the bill for such charges to the owner will serve as notice to the
owner that failure to pay the charges when due may result in them
being charged pursuant to the authority of § 66.0627(4),
Wis. Stats., and placed upon the tax roll.
B.
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 § 66.0703,
Wis. Stats. The failure to pay such special assessments may result
in a lien on the property enforced pursuant to § 66.0703(13),
Wis. Stats.