[HISTORY: Adopted by the Village Board of Trustees of the
Village of Slinger as Ch. 15 of the former Municipal Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Stormwater management and erosion control — See Ch. 526.
The Village of Slinger finds that the management of stormwater
and other surface water discharges within and beyond the Village of
Slinger is a matter that affects the health, safety and welfare of
the Village, its citizens and businesses and others in the surrounding
area. Failure to effectively manage stormwater affects the sanitary
sewer utility operations of the Village by, among other things, increasing
infiltration to the sanitary sewer. In addition, surface water runoff
causes erosion of lands, damages to businesses and residences, sedimentation,
and other environmental damage in the Village of Slinger. In order
to protect the health, safety and welfare of the public, the Village
of Slinger is exercising its authority to establish a Stormwater Utility
for stormwater management services. The Village is acting under the
authority of §§ 61.34, 61.36, 62.04, 62.11, 62.16,
62.175, 62.18, 66.0621, 66.0627, 66.0809, 66.0811 and 66.0821, Wis.
Stats.
There is hereby established a Stormwater Utility in the Village
of Slinger. The operation of the stormwater utility shall be managed
by the Director of Public Works, under the supervision and control
of the Village Board.
The Village, acting through the stormwater utility, may acquire,
construct, lease, own, operate, maintain, extend, expand, replace,
clean, dredge, repair, conduct, manage and finance such facilities,
operations and activities, 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 due to enumeration,
surface and underground drainage facilities, watercourses, retaining
walls, ponds, streets, roads, ditches and such other facilities as
will support a stormwater management system.
In their interpretation and application, the provisions of this
chapter shall be interpreted liberally to secure the ends sought hereby
and shall not be deemed a limitation or repeal of any other power
granted by the Wisconsin Statutes.
The following terms, whenever they occur in this chapter, are
defined as follows:
The fee imposed under this chapter for the rendering of stormwater
utility services by the Village.
Property that has been altered from its natural state by
the addition of any improvements such as a building, structure, or
impervious surface.[1]
The person appointed by the Village Board to manage the Stormwater
Utility.
A single unit or apartment providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
The basic unit by which the stormwater utility charge is
calculated under this section. It is the statistical average horizontal
impervious area ("impervious area") of all single-family residential
parcels within the Village of Slinger on the date of the establishment
of the Stormwater Utility. The impervious area includes, but is not
limited to, all areas covered by structures, roof extensions, patios,
porches, driveways, sidewalks, pavement, gravel, compacted clay, and
loading docks.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by rainwater.
The term includes, without limitation due to enumeration, all areas
covered by structures, roof extensions, patios, porches, driveways,
sidewalks, parking lots, pavement, gravel, compacted clay, and loading
docks, all as measured on a horizontal plane.
A lot or parcel of land, with improvements such as a building, structure, other impervious areas as defined in this § 419-5, grading or substantial landscaping, which is not specifically zoned residential as shown on the Village's Official Zoning Map, including, but not limited to, commercial, industrial, institutional, mixed-use, mobile home parks and governmental property, and excluding publicly owned rights-of-way.
A lot or parcel of land developed exclusively for residential
purposes and specifically shown as residential zoning on the Village's
Official Zoning Map.
The utility established under this chapter for the purpose
of managing stormwater and imposing charges for the recovery of costs
connected with such stormwater management.
Property that is not developed by the addition of an improvement such as a building, structure, other impervious area, as defined in this § 419-5, grading or substantial landscaping which increases stormwater runoff.
A.
By this chapter, the Village Board is establishing the customer classification
and basis for computation of charge for stormwater services for each
lot and parcel within the Village of Slinger. The actual charges to
be imposed pursuant to these rate classifications and any future changes
in those rates shall be made by resolution. A schedule of current
rates, following approval by the Village Board shall be maintained
and on file in the Clerk's office.[1]
B.
The rate classifications used to distribute the costs of the stormwater
program among utility customers shall be based on the equivalent runoff
unit (ERU). The number of ERUs assigned to each parcel shall be assessed
based upon the impervious area or dwelling units as reasonably determined
by the Director of Public Works, except for undeveloped properties
and public right-of-way, which shall be exempt from the utility charge.
A.
Customer classes. For the purposes of imposing the stormwater charges,
all lots and parcels within the Village are classified into the following
customer classes:
(1)
Residential. Lots or parcels within the Village specifically zoned
as residential in accordance with the zoning set forth by ordinance
shall be assigned one ERU for every dwelling unit on each lot or parcel.
(2)
Nonresidential. Lots or parcels within the Village not specifically
zoned as described above shall be considered as nonresidential by
this chapter. Said lots or parcels shall be assigned one ERU for every
4,300 square feet of impervious surface area.
B.
Parcel classification. The Director of Public Works shall assign
a customer classification to each lot and parcel within the Village
of Slinger.
C.
ERU. The ERU is established to be 4,300 square feet.
A.
Residential. The charges imposed for single family properties shall
be one ERU for every dwelling unit on each lot or parcel, i.e.:
|
Residential parcel charge = (Number of dwelling units) x ERU
fee
|
B.
Nonresidential. The charges imposed for nonresidential properties
shall be one ERU for every 4,300 square feet of impervious surface
area on each lot or parcel, i.e.:
|
Nonresidential parcel charge = (impervious surface area/4,300
square feet) x ERU fee
|
C.
Right-of-way. Public highway, road and rail right-of-way shall be
exempt from the stormwater utility fee.
D.
Impervious area measurement. The Director of Public Works shall be
responsible for determining the impervious area of nonresidential
parcels based on the reasonably available information, including,
but not limited to, data supplied by the Village Assessor, Director
of Public Works, aerial photography, property owner, tenant, or developer
or site plan approved by the Village Plan Commission. The Director
of Public Works may require additional information as necessary to
make the determination. The number of ERUs on any lot or parcel shall
be updated by the Director of Public Works based on any additions
to the impervious area as approved through the building permit process.
The Village Board shall, by resolution, set or adjust the ERU
fee to reflect the costs of the stormwater management program.[2]
The Village shall separately account for the Stormwater Utility
finances. The Director of Public Works shall prepare an annual budget,
which is to include all operation and maintenance costs, costs of
borrowing and other costs related to the operation of the utility.
The budget is subject to approval by the Village Board. Any excess
of revenues over expenditures in a year will be deposited in a stormwater
maintenance fund, which will be used to defer the costs of capital
improvements or to retire debt.
A.
Bills. Stormwater utility charges shall be billed to the owner/occupant
of each property as set forth by resolution. The property owner/occupant
shall be responsible for payment of the Stormwater Utility charge.
B.
Late payment. Failure to pay the charges when due will be subject
to a late payment charge of 1% per month that will be added to bills
not paid within 20 days of issuance.
C.
Unpaid charges. In addition to any other method of collection allowed
by law, unpaid charges may be assessed as a lien against the property
pursuant to § 66.0821, Wis. Stats.
A.
Adjustments. A customer may be eligible to have the number of ERUs
assigned to its property adjusted under the conditions described below:[1]
(1)
Undeveloped
property. Undeveloped properties may be eligible to reduce the number
of ERUs assigned to the property.
(2)
Nonresidential property. Nonresidential customers who believe the
number of ERUs allocated to their property to be incorrect may submit
an adjustment request to the Director of Public Works. The allocated
ERUs may be adjusted if the owner can provide information showing
the square footage calculation for all impervious surface area located
on the lot or parcel.
B.
Review and appeal procedure.
(1)
Within 30 days of a properly submitted request to the Director of
Public Works for a review of the number of ERUs allocated to the property,
the Director of Public Works shall issue a written decision as to
whether the request for adjustment should be granted, denied or granted
in part. The written decision shall also set forth the reason or reasons
for such decision. The decision shall be sent to the customer by certified
mail and shall be provided to the Village Board.
(2)
Within 30 days of receipt of the written decision from the Director
of Public Works, an appeal of the determination rendered by the Director
of Public Works may be submitted by the property owner to the Village
Clerk. The Village Board shall review the decision and hold a hearing
thereon. The customer shall be notified of the date of the hearing
by certified mail.
(3)
Upon review, the Village Board shall determine whether the decision
rendered by the Director of Public Works should be upheld, rejected,
or modified. The customer shall be allowed to present evidence at
the hearing. The final determination made by the Village Board shall
be made in writing and set forth, in detail, the reasons for its decision
and shall inform the customer by certified mail. The Village Board
may, at its discretion, require access to the property to assist in
its determination.
(4)
In reviewing a decision, the Village Board shall apply the considerations
set forth in § 66.0821(4)(c), Wis. Stats.
C.
Effective date. Any ERU adjustment or reduced multiplier granted
shall thereafter be used to calculate the customer's user charges.
The reduction shall only apply for the period of time subsequent to
the filing of the request for adjustment. There shall be no retroactive
adjustment for user charges imposed prior to the filing of the request.
