[Adopted as Ch. 51 of the Village Code]
A.Â
The Village of Allouez finds that the management of stormwater and
other surface water discharge within and beyond the Fox River and
East River is a matter that affects the health, safety and welfare
of the Village, its citizens and businesses, and others in the surrounding
area. 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 Village shall be permitted by the
DNR and shall be required to remain in compliance with its permit.
This permit includes compliance with the Village's Stormwater
Management Plan. Failure to effectively manage stormwater affects
the sanitary sewer utility operations of the Village 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 Fox River
and East River. Those elements of the system that provide for the
collection of and disposal of stormwater and regulation of groundwater
are of benefit and provide services to all properties within the Village
of Allouez, including property not presently served by the storm elements
of the system. The cost of operating and maintaining the Village stormwater
management system and financing necessary repairs, replacements, improvements
and extensions thereof should, to the extent practicable, be allocated
in relationship to the benefits enjoyed and services received therefrom.
The Village, through the Stormwater Utility, may acquire, construct,
lease, own, operate, maintain, extend, expand, replace, clean, dredge,
repair, conduct, manage and finance such real estate and 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,
detention basins, and such other facilities as will support a stormwater
management system.
For the purposes 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. Terms not specifically defined herein
shall have the meaning defined in § NR 216.002, Wis. Adm.
Code, and as the same may be amended from time to time, if defined
therein, or if not therein defined shall be construed to have the
meaning given by common and ordinary use, as defined in the latest
edition of Webster's Dictionary.
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 Public Works Director or his/her designee.
Any residential space identified for habitation by members
of the same household attached to only one other residential space
or as classified by the Village Building Code.
Any residential space identified for habitation by members
of the same household or as classified by the Village Building Code.
A dwelling unit includes, but is not limited to, all duplexes, apartments,
residential condominiums and townhouse living units.
The statistical average horizontal impervious area of single-family
homes within the Village of Allouez on the date of 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.
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 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. Excluded from this definition are undisturbed
land, lawn and fields.
Any developed lot or parcel not exclusively residential,
as defined herein, including but not limited to transient rentals
(such as hotels and motels), mobile home parks, commercial, industrial,
institutional, and governmental property and parking lots.
Any lot or parcel developed exclusively for residential purposes,
including but not limited to single-family homes, manufactured homes,
multifamily apartment buildings and condominiums.
The surface water, including rain and snowmelt, which is
inhibited by impervious surfaces from naturally infiltrating into
soil.
All constructed facilities or natural features used for collecting,
storing and conducting stormwater to, through and from drainage areas
to the point of final outlet. Stormwater facilities collectively constitute
a stormwater system.
That which has not been altered from its natural state by
the addition of any improvements, such as a building, structure, impervious
surface, change of grade or landscaping. For new construction, a property
shall be considered developed pursuant to this article at the time
of water meter installation or upon review of the actual impervious
area by January 1.
A.Â
By this article, the Village Board is establishing the rate charge
upon each lot and parcel within the Village of Allouez for services
and facilities provided by the Stormwater Utility. The actual charges
to be imposed, the establishment of formulas for calculations of the
charges, the establishment of specific customer classifications and
any future changes in those rates, formulas, rate charges and customer
classifications may be made by resolution. All rates established pursuant
to this article will be fair and reasonable in accordance with the
decision and judgment of the Village Board. The current rates will
be on file with the Village Administrator.[1]
B.Â
Rate charges shall be used to share the costs of the Stormwater Utility.
(1)Â
These rate charges may include:
(a)Â
Base charge (BC). The base charge may be imposed on all property
in the Village. The base charge will be designed to reflect the fact
that all properties benefit from the stormwater management activities
of the Village and that all properties contribute in some way to the
stormwater discharge that must be managed by the Village. The BC will
be designed to collect the administrative costs of the Stormwater
Utility and the portion of the capital costs not covered by special
assessment. The BC is equal to 0.7 ERU. The BC may be based upon the
size of a parcel of property.[2]
(b)Â
Equivalent runoff unit charge (ERU). This charge shall be imposed
on all property that has any developed impervious area. The ERU will
be designed on the basis of a typical residential unit of property.
Other units of property will be charged multiples of the ERU, based
upon the impervious area contributing to surface water runoff.
(c)Â
Special charge (SC). This charge may be imposed on property that
is in an area specially benefited by a particular stormwater management
facility. The SC 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 SC will be calculated on an ERU basis.
(d)Â
The Village Board may make such other customer classifications 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 flow from that given property.[3]
(2)Â
The Village of Allouez 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 of each premises served.
The Village shall allocate the actual cost of billing and collecting.
(3)Â
The bills for Stormwater Utility charges shall be mailed to the owner
of the property. Bills for water services are rendered quarterly and
become due and payable upon issuance following the period for which
service is rendered. A late payment charge of 1% per month will be
added to bills not paid within 20 days of issuance. This late payment
charge will be applied to the total unpaid balance for utility service,
including unpaid late payment charges. The late payment charge is
applicable to all customers. The utility customer may be given a written
notice that the bill is overdue no sooner than 20 days after the bill
is issued. Unless payment or satisfactory arrangement for payment
is made within the next eight days, service may be disconnected.
(4)Â
Payment; lien; penalty. Stormwater utility charges shall not be payable
in installments. Stormwater utility charges shall be payable upon
receipt, subject to the provisions of this section. If a charge remains
unpaid for a period of 20 days after the date of the utility bill,
such charge shall become a lien on the property to which it relates
as provided in §§ 66.0821(4)(d) and 66.0809(1), Wis.
Stats. Delinquent charges shall be automatically extended upon the
next available tax roll as a delinquent tax against the property,
and all proceedings relating to the collection, return and sale of
property for delinquent real estate taxes shall apply to such charges.
Charges remaining unpaid for a period of 20 days or more from the
date of the utility bill shall be assessed a late payment charge.
A.Â
For purposes of imposing the stormwater charges, all lots and parcels
within the Village are classified into the following six customer
classes:
B.Â
The Public Works Director shall prepare a list of lots and parcels
within the Village of Allouez and assign a classification of residential,
nonresidential or undeveloped to each lot or parcel.
C.Â
The average square footage of impervious area of the ERU is established
to be equivalent to 3,663 square feet.
D.Â
The charges imposed for single-family residential properties shall
be the rate for one ERU.
E.Â
The charges imposed for duplex residential properties shall be the
rate for 0.6 of one ERU per each individual dwelling unit existing
on the property (ERU rate multiplied by the number of dwelling units).
F.Â
The charges imposed for multifamily and condominium residential properties shall be the same as nonresidential properties (refer to Subsection H).
G.Â
No charges shall be imposed for Village-owned property.
H.Â
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 a nonresidential property
by the square footage of one ERU. The factor shall be rounded down
to the nearest 1/10, i.e.:
|
(ERU Rate) (Impervious Area in Square Feet)
3,663 square feet
|
|
e.g.
|
10,000 square feet
3,663 square feet
|
= 2.6 (ERU rate)
|
I.Â
The Public Works Director shall be responsible for determining the
impervious area, based upon the best available information, including
but not limited to data supplied by the Building Inspector, aerial
photography, the property owner, tenant or developer. The Public Works
Director may require additional information, as necessary, to make
the determination. The billing amount shall be updated by the Public
Works Director on any additions to the impervious area. Upon the property
owner's written notification and request, the Public Works Director
shall review impervious area for possible reductions.
J.Â
The minimum charges for any developed parcel shall be equal to the
BC rate.
The owner shall also be liable for stormwater charges under
this article for the improvement from the date of water meter installation
or upon review of the actual impervious area by January 1.
A.Â
The Stormwater Utility charge may be appealed as follows: a written
challenge to the stormwater charge must be filed with the Public Works
Director on behalf of the customer, specifying all bases 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 waives all right
to later challenge the charge. The Director will forward these documents
to the Village Administrator.[1]
B.Â
A property owner not satisfied with the decision of the Public Works
Director can appeal to the Village Board for its review and action.
C.Â
Following review by the Public Works Director and the Village Administrator,
the Village Board will determine whether the stormwater charge is
fair and reasonable or whether a refund is due the customer. The Village
Board may act with or without a hearing and will inform the customer
in writing of its decision.[2]
D.Â
If the Village Board determines that a refund is due the customer,
the refund will be applied as a credit on the customer's next
stormwater billing, if the refund will not exceed the customer's
next stormwater billing, or will be refunded at the discretion of
the Village Board without interest.
E.Â
Credit policy. The Village of Allouez Stormwater Utility has established
a credit policy for residential (multifamily/condominium) and nonresidential
property. The policy is on file in the Village offices.
The Village Board hereby finds and determines that the stormwater utility charges established under this article reasonably reflect the services rendered to property and may be and are hereby authorized to be levied and imposed on property as a special charge pursuant to § 66.0627, Wis. Stats., in addition to other provisions of law. The mailing of the bill for stormwater utility charges to a property owner shall serve as notice to the property owner that failure to pay the charges when due may result in the charges being imposed pursuant to the authority of § 66.0627, Wis. Stats. The Village may provide notice each October of any unpaid charges to the Stormwater Utility, and such charges, if not paid by November 15, may be placed on the tax roll in accordance with § 66.0627, Wis. Stats. The collection method provided in this section is in addition to the collection method provided for in § 385-12.
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, depreciation costs, debt service and
other costs related to the operation of the Stormwater Utility. The
budget is subject to 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.
