[Added by Ord. No. 01-29 (effective 1-1-2002); amended by Ord. No.
04-10; Ord. No. 06-02; Ord. No. 06-21A]
As used in this article, the following terms shall have the
meanings indicated:
The capital costs to construct, expand or improve wastewater
treatment facilities, including the cost of land, and including legal,
engineering and design costs to construct, expand or improve wastewater
treatment facilities.
The City of Watertown.
A monetary fee collected from an owner of record or assessed
against a land development, as the parties may agree by mutual consent,
which has been reduced to writing in a developer's agreement, pursuant
to § 66.0821, Wis. Stats., to defray all or part of the
requirements for construction, reconstruction, improvement, extension,
operation, maintenance, repair and depreciation of the wastewater
treatment facilities of the City of Watertown or any indebtedness
incurred for that purpose in order to provide services on a pro rata
basis to the land development upon which the excess capacity sewer
service charge is levied.
The written approval issued by the City Building Inspector's office, in accordance with the provisions of § SPS 320.09, Wis. Adm. Code, and § 253-11 of the Watertown Code, for any construction, repair, enlargement, improvement or alteration of any building or structure within the City. It does not include the "early start" permit or preliminary permit issued at the time of excavation or installation of footings for any such building or structure.
The construction or modification of improvements to real
property that creates additional residential equivalent units within
the City or its service areas or that results in nonresidential uses
that create a need for new, expanded or improved wastewater treatment
facilities within the City or its service areas.
A person or entity that owns, builds, constructs or creates
a land development.
A unit of measure for the excess capacity sewer service charge
equivalent to one residential dwelling unit. For purposes of this
article, one residential equivalent unit is considered equal to the
basic residential water meter size of 5/8 inch or 3/4 inch. The residential
equivalent unit is used as a single unit of measurement for all residential,
nonresidential, commercial, industrial and institutional land developments
because of the relationship between size of the water meter and generation
of sewage by the user or owner of record.
A geographic area delineated by the Common Council within
which the City provides wastewater treatment facilities.
A certain quantity or quality of wastewater treatment relative
to a certain number of persons, parcels of land, or other appropriate
measure as specified by the Common Council.
Facilities for collection, storage, disposal and treatment
of sewage and facilities for collection, storage and disposal of stormwater
and surface water, as well as a system of collecting sewers and pump
stations within the City.
The Wastewater Treatment Plant Utility of the City of Watertown.
A.
An excess capacity sewer service charge is levied against each residential
equivalent unit constructed, altered or improved within the City after
the effective date of this article.
(1)
For new construction, each residential equivalent unit constructed
or caused to be built by the owner of record shall be subject to the
assessment of the excess capacity sewer service charge.
(2)
For alterations or improvements to an existing residential equivalent
unit, where a change in water meter size is requested, the owner of
record shall be assessed an excess capacity sewer service charge equal
to the difference between the new water meter size and the existing
water meter size on the residential equivalent unit.
(3)
Any existing structure within the City of Watertown which is served
by a well which will be capped and then the structure connected to
the sewerage system shall be subject to the assessment of the excess
capacity sewer service charge.[1]
(4)
In the event any structure is annexed to the City of Watertown and
connects to the municipal sewerage system, such structure shall be
subject to the assessment of the excess capacity sewer service charge.[2]
(5)
The residential equivalent unit is the unit of measurement for connecting
to the sewerage system.
B.
The amount of the excess capacity sewer service charge is calculated
as per the following table:
|
Meter Size
(inches)
|
Equivalency
|
2003
|
2006
|
2007
| |
|---|---|---|---|---|---|
|
5/8 and 3/4
|
1
|
$2,909
|
$2,996
|
$3,200
| |
|
1
|
2.5
|
$7,273
|
$7,491
|
$8,000
| |
|
1 1/4
|
3.75
|
$10,909
|
$11,236
|
$12,000
| |
|
1 1/2
|
5
|
$14,545
|
$14,981
|
$16,000
| |
|
2
|
8
|
$23,272
|
$23,970
|
$25,600
| |
|
3
|
15
|
$43,635
|
$44,944
|
$48,000
| |
|
4
|
25
|
$72,725
|
$74,906
|
$80,000
| |
|
6
|
50
|
$145,450
|
$149,813
|
$160,000
| |
|
8 or larger
|
80
|
$232,720
|
$239,701
|
$256,000
|
C.
The excess capacity sewer service charge shall be paid in full by the owner of record of the land development, unless expressly excepted under § 508-22, within 14 days of issuance of a full building permit by the office of the Building Inspector for any new construction or within 14 days of issuance of a permit by the office of the Building Inspector for change in water meter size, whichever is applicable. The excess capacity sewer service charge shall be payable to the office of the Building Inspector within 14 days of issuance of any permit under this subsection.
D.
If the owner of record fails to make the entire payment when due, the Building Inspector of the City shall issue a stop order, pursuant to § 253-9 of the City Code, and shall refuse to approve any plans or to perform any further inspections until the excess capacity sewer service charge is paid in full. The Building Inspector may also revoke the entire building permit, pursuant to § 253-19 of the City Code, if such charge remains unpaid for longer than three months after its due date. The unpaid balance of the excess capacity sewer service charge shall bear interest at the rate of 1.5% per month from the date of the full building permit issuance by the office of the Building Inspector through the date of payment.
E.
The excess capacity sewer service charge shall be collected and levied
against all land development within the City until the capital costs
associated with the projects specified in the Wastewater Facilities
Plan Report and Report on Connection Fees for wastewater treatment
facilities have been incurred and satisfied, but in no event shall
such time period exceed seven years beyond the projected commencement
of the capital improvement projects which comprise the capital costs.
A.
The following situations shall be exempted from assessment of the
excess capacity sewer service charge:
(1)
Alterations or improvements to an existing building or structure
where no additional or larger water meter connections are requested.
(2)
The replacement of a building or structure with a new building or
structure of the same size and use where no additional or larger water
meter and/or sewer lateral connections are requested and where the
use of the building or structure has not changed.
(3)
Alterations or expansions of an existing building or structure where
a change in water meter size results in a decrease in water meter
size.
(4)
Any land development with an approved conditional use permit issued
by the City for multifamily residences as of the effective date of
this article.
B.
Any claim for exemption must be made to the office of the Building
Inspector no later than the time of application for a full building
permit for new construction or issuance of a permit for a change in
water meter size, and any claim for exemption not so made shall be
deemed waived.
A.
All monies collected from excess capacity sewer service charges shall
be used solely for the purpose of paying the proportionate costs of
providing wastewater treatment facilities that may become necessary
due to increased land development within the City. These costs may
include the cost of debt service on bonds or similar debt instruments
when the debt has been incurred for the purpose of proceeding with
designated wastewater treatment facilities projects prior to the collection
of all anticipated excess capacity sewer service charges for that
project to reimburse the City for advances of other funds or reserves,
as from time to time approved by the Common Council.
B.
All monies collected from excess capacity sewer service charges shall
be placed in one or more segregated, interest-bearing accounts and
shall be accounted for separately from other City general and utility
funds. These revenues and interest earned thereon may be expended
only for capital costs and interest on debt related to those capital
costs for which the excess capacity sewer service charge was imposed.
C.
Revenues derived from funds collected from excess capacity sewer
service charges imposed and collected but not used within a reasonable
period of time after collection to pay the capital costs for which
they were imposed shall be refunded on a prorated, proportional basis,
as determined by the Common Council, to the then-current owner of
record of the property with respect to which the excess capacity sewer
service charge was imposed, but in no event shall such reasonable
time period be greater than seven years after the recommended time
for commencement of construction, expansion or improvement of a specific
wastewater treatment facility project.
D.
Any funds subject to a refund may be obtained upon application of
the then-current owner of record, who shall be entitled to return
of the original excess capacity sewer service charge paid, together
with interest at the rate of 1.5% per year from the date of said payment
to the date of said refund. The owner of record must submit a written
application for a refund to the City Clerk of the City of Watertown
within 180 days after the expiration of the seven-year time period
outlined in this article.
[Amended 7-5-2022 by Ord. No. 22-63]
[Amended 7-5-2022 by Ord. No. 22-63]
The payment of an excess capacity sewer service charge imposed
under this article as a condition of a permit for new construction
or issuance of a permit for a change in water meter size may be contested
as to the amount, collection or use of the excess capacity sewer service
charge to the Public Works Commission, provided that the applicant
files a written notice of appeal in the office of the City Clerk within
15 days of the approval of the full building permit by the office
of the Building Inspector of an application for new construction or
issuance of a permit for a change in water meter size upon which the
excess capacity sewer service charge is imposed. Such notice of appeal
shall be titled "Notice of Appeal of Excess Capacity Sewer Service
Charge" and shall state the applicant's name, address, telephone number,
address (if available) and legal description of the land development
upon which the excess capacity sewer service charge is imposed, and
a statement of the nature of and reasons for the appeal. Said "Notice
of Appeal of Excess Capacity Sewer Service Charge" shall be immediately
forwarded to the Water Systems Manager. The City Clerk shall schedule
the appeal for consideration by the Public Works Commission at a regular
meeting as soon as reasonably practicable under the circumstances
and shall notify the applicant of the time, date and place of such
meeting in writing by regular mail, deposited in the mail no later
than at least three days before the date of such meeting. Upon review
of such appeal, the Public Works Commission may adjust the amount,
collection or use of the excess capacity sewer service charge upon
just and reasonable cause shown.
The excess capacity sewer service charge contained in this article
shall be reviewed by the Public Works Commission and approved by the
Common Council of the City in September of 2002 and every two years
thereafter. Until changed by this process, the current fees shall
stay in full force and effect.
