[Adopted 9-13-2010; amended in its entirety 10-8-2012]
[Amended 4-25-2016]
The Town of Lawrence finds that the management of stormwater
and other surface water discharge within and beyond Ashwaubenon Creek,
Hemlock Creek, and the Fox River is a matter that affects the health,
safety and welfare of the Town, its citizens and businesses and others
in the surrounding area. Failure to effectively manage stormwater
affects the sanitary sewer utility operations of the Utility District
and the Sewerage Commission by, among other things, increasing the
likelihood of infiltration and inflow in the sanitary sewers. 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 Town's drainage systems. Those elements
of the system which provide for the collection of and disposal of
stormwater are of benefit and provide services to all property within
the Town of Lawrence. The cost of operating and maintaining the Town
stormwater management system and financing necessary 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 and welfare
of the public, the Town Board is exercising its authority to establish
a stormwater utility and set the rates for stormwater management services.
The Town is acting under the authority of Chapter 60 of the Wisconsin
Statutes, and particularly at least the following statute: § 60.627,
Wis. Stats.
There is hereby established a Town of Lawrence Stormwater Utility.
The operation of the Stormwater Utility shall be under the supervision
of the Town Board.
The Town, through the Stormwater 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 Town to be proper and reasonably necessary for a system of
stormwater and surface water management. These facilities may include,
without limitations by enumeration, surface and underground drainage
facilities, sewers, watercourses, retaining walls and ponds and such
other facilities as will support a stormwater management system.
For the purpose of this article, the following definitions shall
apply. Words used in the singular shall include the plural, and the
plural the singular; words used in the present tense shall include
the future tense; the word "shall" is mandatory and not discretionary;
and the word "may" is permissive and discretionary. Words not defined
herein shall be construed to have the meaning given by common and
ordinary use as defined in the latest edition of Webster's Dictionary.
Credits, based on Town resolution, will be established for
customers that provide stormwater management practices or other measures
that reduces the utility maintenance requirements.
Charges to customers shall be based on the following formula:
|
Impervious area charge ($)
|
=
|
Impervious area (square feet)
1,000 square feet
|
x
|
Rate per 1,000 square feet ($)
|
A horizontal surface which 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 streets, roofs, sidewalks,
parking lots and other similar surfaces.
All properties within the Town limits with impervious area
will be charged at a rate, determined by the Town, based on the amount
of impervious area divided by 1,000 square feet.
The charge to customers shall be the impervious area charge
minus credits (if any).
That which has not been altered from it natural state by
the addition of any improvements such as a building, structure, impervious
surface, change of grade or landscaping.
A.
By this article, the Town Board is establishing the rate charge upon
each lot and parcel within the Town of Lawrence with an impervious
surface for services and facilities provided by the Stormwater Utility.
The actual charges to be imposed, the establishment of formulas for
calculations of the charges, and any future changes in those rates,
formulas, and rate charges may 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 Town Clerk/Treasurer.
B.
Rate charges shall be issued to share the costs of the Stormwater
Utility. These rate charges may include:
(1)
Impervious area charge. This charge may be imposed on all property
in the Town. The charge will be designed on the basis of the amount
of impervious area on the parcel.
C.
The Board may make such other adjustments as will be likely to provide
reasonable and fair distribution of the costs of the Stormwater Utility.
In so doing, the Board may provide credits against certain of the
charges set forth above for facilities installed and maintained by
the property owner for the purpose of lessening the stormwater impact
from that given property.
D.
The Town of Lawrence and Brown County offices are hereby appointed
as the collection agencies for the Stormwater Utility. A schedule
of charges shall be sent on an annual basis by the Stormwater Utility
to the Town of Lawrence. The Town Board shall allocate the actual
cost of billing and collecting.
E.
The bills from Stormwater Utility charges shall be applied annually
to real estate property tax bills and shall be paid in accordance
with terms stated thereon.
B.
There shall be no charge for unoccupied undeveloped properties.
[Amended 4-25-2016]
C.
The Town Board shall be responsible for determining the impervious
area based on the best available information, including but not limited
to data supplied by the Town Assessor, aerial photography, the property
owner, tenant or developer. The Town Board may require additional
information as necessary to make the determination. The billing amount
shall be updated by the Town Board based on the building permit process
and/or updates to aerial photography.
The Stormwater Utility charge may be appealed as follows:
A.
Within 30 days of payment due date, a written challenge to the stormwater
charge must be filed with the Town Clerk/Treasurer specifying the
basis for the challenge and the amount of the stormwater charge the
customer asserts is appropriate. Failure to file a challenge within
30 days of payment due date waives all rights to later challenge the
charge.
B.
Staff level review.
C.
The Administrator will determine whether the stormwater charge is
fair and reasonable or whether a refund is due the customer. The Administrator/Town
Board may act with or without a public hearing and will inform the
customer in writing of its decision.
D.
If the Administrator determines that a refund is due the customer,
the refund will be applied as a credit toward the customer's stormwater
billing, if the refund will not exceed the customer's next stormwater
billing, or will be refunded at the discretion of the Town Clerk/Treasurer.
E.
The applicant for appeal may request Town Board review.
In addition to any other method for collection of the charges
established pursuant to this article for Stormwater Utility costs,
the Town 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, Wis.
Stats.
The Stormwater Utility finances shall be accounted for in a
separate stormwater account by the Town. The Town Chairperson, or
representative, 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 Utility. The budget is
subject to approval by the Town Board. The costs shall be spread over
the rate classifications as determined by the Town Board. Any excess
of revenues over expenditures in a year will be retained in the stormwater
account for subsequent years' needs.
