[HISTORY: Adopted by the Village Board of the Village of Hales Corners as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-12-2005 by Ord. No. 05-10 (§ 4.17 of the Municipal Code)]
The following definitions shall be applicable in this article:
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances which allow any nonstormwater discharge, including sewage, process wastewater, and wash water, to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been allowed, permitted, or approved by a government agency prior to the adoption of this article.
PERSON
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
STORM DRAIN SYSTEM
Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
No person shall discharge, spill or dump substances or materials which are not entirely composed of stormwater into receiving bodies of water or onto driveways, sidewalks, parking lots or other areas that drain into the storm drainage system.
The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited. This prohibition expressly includes, without limitation, illicit connections made prior to the adoption of this article, regardless of whether the connection was permissible under law or practice applicable or prevailing at the time of connection.
The following activities are exempt from the provisions of this article unless found to have an adverse impact on the stormwater:
A. 
Discharges authorized by a permit issued by the Wisconsin Department of Natural Resources.
B. 
Discharges resulting from firefighting activities.
C. 
Discharges from uncontaminated groundwater, potable water source, roof drains, foundation drains and sump pumps, air-conditioning condensation, springs, lawn watering, individual residential car washing, water main and hydrant flushing and swimming pools if the water has been dechlorinated.
A. 
Whenever the Director of Public Works, or his agent or designee, finds a person has violated a prohibition or failed to meet a requirement of this article, the Director of Public Works, or his agent or designee, may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
(1) 
The elimination of illicit connections or discharges.
(2) 
That violating discharges, practices, or operations shall cease and desist.
(3) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
B. 
In the event the person fails to eliminate the illicit connection or discharge, fails to cease and desist the discharges, practices or operations in violation of this article or fails to abate or remediate the stormwater pollution or contamination hazards, that person may be subject to a forfeiture for each offense together with the costs of prosecution, in accordance with the provisions of § 1-4 of this Code. Each day that the violation exists shall constitute a separate offense.
[Adopted 11-12-2007 by Ord. No. 07-09 (§ 13.12 of the Municipal Code)]
A. 
The management of stormwater and other surface water discharges within and beyond its border is a matter that affects the public health, safety, and welfare of the Village, its citizens and businesses, and others in the surrounding area.
B. 
Failure to effectively manage stormwater and other surface water discharge from already developed and vacant property may create, among other things, erosion of lands, threaten businesses and residences with water damage, and create sedimentation and other environmental damage.
C. 
The Village's stormwater management system, which provides for the regulation, collection, and disposal of stormwater and surface water discharge, is of benefit and provides services to all real property within the incorporated Village limits.
D. 
The costs of operating and maintaining the Village's stormwater management system, ensuring regulatory compliance and financing necessary plans, studies, repairs, replacement, improvements, and extension thereof should, to the extent practicable, be allocated among property classes in proportion to the contribution to the system from each property class.
E. 
The final report titled "Stormwater Utility Feasiblity Report" prepared by Earth Tech, Inc., is hereby declared to constitute the study and description of the analytical determinations that demonstrate a rationale basis for the enactment of this article.
In order to protect the health, safety, and welfare of the public, there is hereby established the Village of Hales Corners Stormwater Utility.
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE COSTS
The costs of general management and administration of the Stormwater Utility, development plan and erosion control plan review, and compliance with the requirements of Ch. NR 216, Wis. Adm. Code, include but are not limited to the following:
A. 
Wages, salaries, and related employee expenses for management and administration of the Utility, together with fringe benefits and premiums paid on such wages and salaries for the state workers' compensation coverage.
B. 
Utility billing and accounting expenses.
C. 
Office supplies.
D. 
Permit fees.
E. 
Consultant and legal fees.
BOARD
The Village Board of the Village of Hales Corners.
CAPITAL COST
The cost of acquiring, purchasing, leasing, planning, designing, constructing, extending, and improving all or any part of the stormwater management system and any principal, interest, or premiums on any indebtedness incurred for these purposes.
DEBT RETIREMENT
All annual principal and interest requirements and obligations of the Village that relate to stormwater management system improvements.
EQUIVALENT RUNOFF UNIT (ERU)
An amount of impervious surface area on a lot or parcel that is equivalent to the amount of impervious surface on a typical developed single-family residential lot. The square feet of impervious surface area per ERU shall be as established by the Village Board from time to time by resolution and set forth in a Stormwater Utility Rate Schedule.
IMPERVIOUS AREA or IMPERVIOUS SURFACE
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, asphalt, concrete, streets, roofs, sidewalks, parking lots, and other similar surfaces.
OPERATION AND MAINTENANCE COSTS (O&M)
All direct and indirect costs, excluding debt service and other capital costs, necessary to ensure adequate drainage and control of stormwater and surface waters on a continuing basis and assure optimal long-term function of stormwater management system facilities. Operation and maintenance costs may include expenses for, but not limited to, the following purposes:
A. 
Wages and salaries and related employee expenses for operating and maintenance of the stormwater management system, and supervisory personnel, together with fringe benefits and premiums paid on such wages and salaries for the state workers' compensation coverage.
B. 
Fuel and other operating supplies.
C. 
Repairs to and maintenance of the equipment associated therewith.
D. 
Premiums for hazard insurance.
E. 
Premiums for insurance providing coverage against liability for the injury to persons and/or property.
F. 
Rents and leasing costs.
G. 
Operation, licensing, and maintenance costs for trucks and heavy equipment.
H. 
Consultant and legal fees.
I. 
Replacement costs.
REPLACEMENT FUND
Expenditures for obtaining and installing equipment, accessories, and appurtenances which are necessary during the useful life of the stormwater management system to maintain the performance for which such system was designed and constructed.
STORM SEWER
A sewer that carries storm and surface drainage but excludes domestic wastewater and industrial waste.
STORMWATER MANAGEMENT PROGRAM
Any activities undertaken by the Village of Hales Corners for the collection, transportation, storage, treatment, and disposal of stormwater and surface water and for the reduction or elimination of pollutants in stormwater and surface water, including, but not limited to, administration, operation, and maintenance of the stormwater management system and Utility, constructing stormwater sewerage facilities, and complying with the requirements of the Wisconsin Statutes and Administrative Code.
STORMWATER MANAGEMENT SYSTEM
Any plant, facilities, fixtures, or equipment owned or leased by the Village for the collection, transportation, storage, treatment, and disposal of stormwater and surface water. Such facilities may include, without limitation by enumeration, surface and underground drainage conduits of any type, storm sewers, watercourses, retaining walls and ponds, and such other facilities as will support a stormwater management system.
STORMWATER SERVICE CHARGES
Charges imposed on properties in the Village to recover the administrative, operating, maintenance, and capital costs relating to stormwater management facilities benefiting properties in the Village. Stormwater service charges may include user charges or any other special fees and charges that may be required to provide for an equitable sharing of Utility costs by properties in the Village.
UTILITY
The Stormwater Utility of the Village of Hales Corners.
VILLAGE
The Village of Hales Corners.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This article and its rules, regulations, and rates shall apply to all real property within the incorporated limits of the Village.
A. 
Facilities. The Village 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 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, storm sewers, watercourses, retaining walls and ponds, and such other facilities that will support a stormwater management system.
B. 
Rates and charges. The Village through the Stormwater Utility may establish such rates and charges as are necessary to finance planning, design, construction, maintenance, and operation of the facilities, regulatory compliance, and administration of the Utility in accordance with the procedures set forth in this article.
C. 
Budgeting. The Village through the Stormwater Utility shall prepare an annual budget, which is to include all administrative, regulatory compliance, operation, and maintenance costs, debt service, and other costs related to the operation of the Stormwater Utility. All costs shall be allocated amongst users of the stormwater management system as recommended by the Public Works Commission and determined by the Village Board.
D. 
The Village may utilize the full authority provided in § 66.0821, Wis. Stats., with respect to financing methods, user charges, and other matters therein dealt with and shall have all legal authority permitted for municipal utilities to impose reasonable charges for service.
A. 
The oversight of the Stormwater Utility is hereby vested in the Village Board. The Board shall direct and delegate the management and operation of the Stormwater Utility to Village staff and shall prescribe the functions thereof as may be necessary to operate and manage the Stormwater Utility.
B. 
The Public Works Commission, appointed in accordance with § 112-2 of the Code of the Village of Hales Corners, shall make recommendations to the Village Board concerning the operation of the Utility.
C. 
The Committee of the Whole of the Village Board, in consultation with the Public Works Commission, shall make recommendations to the Village Board concerning the Utility budget, service charge rates, and expenditures.
D. 
The Village Board shall establish a Stormwater Management Fund, which shall be used for collection of revenues and payments of expenses relating to the Utility. Any excess of revenues over expenditures in a year shall be retained by the fund for subsequent years' needs.
E. 
All utility receipts shall be collected and accounted for by the Village Treasurer.
F. 
The Village Board shall cause an annual audit of the financial records of the Stormwater Utility to be made and shall make the records relating to the Utility available for inspection during regular business hours.
A. 
There is hereby established a uniform system of stormwater service charges that shall apply to each and every lot or parcel within the Village. It shall be the policy to establish stormwater service charges in such amount in order to pay for all or a part of the following costs related to the Utility:
(1) 
Administrative;
(2) 
Operation and maintenance (O&M);
(3) 
Contributions to a replacement and capital improvements fund; and
(4) 
Debt service, including debt retirement, debt service reserves, and coverage requirements.
B. 
The Board may establish and modify stormwater service charges as necessary so as to assure that the charges generate adequate revenues to pay the costs of the stormwater management program and that costs are allocated fairly and proportionately to all parcels in the Village.
Stormwater service charges may include the following components:
A. 
User charge. A user charge may be imposed on all property that has impervious surface area. The charge to each parcel shall be based upon the number of ERUs assigned to the parcel. The user charge for each parcel shall be equal to the product of the user charge rate in terms of dollars per ERU and the number of ERUs assigned to the parcel.
B. 
Special charges. A special charge may be imposed on property that is in an area specially benefited by a particular stormwater management facility. This charge will be developed to reflect the benefits in a particular area that may not be appropriate to allocate to property throughout the Village.
C. 
All stormwater service charge rates shall be established from time to time by resolution of the Village Board and set forth in a Stormwater Utility Rate Schedule attached thereto.
A. 
For purposes of imposing the user charges, all lots and parcels in the Village shall be classified into the following four customer classifications:
(1) 
Single-family and two- to four-family residential.
(2) 
Condominium and multifamily residential.
(3) 
Nonresidential.
(4) 
Undeveloped.
B. 
Equivalent runoff units shall be calculated for each classification as follows:
(1) 
Single-family and two- to four-family residential. One ERU per dwelling unit.
(2) 
Condominium and multifamily residential. The Village Public Works Director shall be responsible for determining the impervious area of each multifamily residential parcel based on the best available information, including but not limited to data supplied by the Village Engineer, Village Assessor, Building Inspector, or Zoning Administrator, aerial photography, the property owner, tenant, or developer, or actual on-site measurement. The total impervious area of the parcel shall be divided by the number of square feet per ERU as established by the Village Board and set forth in a Stormwater Utility Rate Table to determine the number of ERUs, except that in no case shall a multifamily parcel be assigned less than 0.50 ERU per dwelling unit. The number of ERUs shall be rounded to the nearest 0.50 ERU.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Nonresidential property. The Village Public Works Director shall be responsible for determining the impervious area of each nonresidential parcel based on the best available information, including but not limited to data supplied by the Village Engineer, Village Assessor, Building Inspector, or Zoning Administrator, aerial photography, the property owner, tenant, or developer, or actual on-site measurement. The total impervious area of the parcel shall be divided by the number of square feet per ERU as established by the Village Board and set forth in a Stormwater Utility Rate Table to determine the number of ERUs to assign to a parcel. The number of ERUs per parcel shall be rounded to the nearest 0.50 ERU.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
Undeveloped property. For any lot or parcel that has no impervious surface area, no ERUs shall be assigned for purposes of imposing user charges under this article.
C. 
New construction. For all classifications other than single-family and two- to four-family residential, the construction of new or expanded buildings, driveways, or other structures shall be subject to an increase in the number of ERUs assigned to a lot or parcel. The Village shall recalculate the number of ERUs upon completion of new construction.
The amount of the charge to be imposed for each classification shall be made by resolution of the Village Board. The current rates will be set forth in a Stormwater Utility Rate Schedule and kept on file in the office of the Village Clerk. The rates shall be reviewed by the Village Board on an annual basis and adjusted as necessary.
A. 
The Village Board shall adopt, by separate resolution, criteria recommended by the Director of Public Works for providing adjustments.
B. 
Adjustments may be considered for customers who own and properly maintain stormwater management facilities, such as a retention or detention basin. In considering such a request, the Director of Public Works shall consider whether and to what extent the Village cost of providing service is or making service available to a property has been lessened by the retention or detention basin. If the Village's cost of providing service or making service available to a property has not been lessened by the retention or detention basin, the request for the lowered adjustment multiplier shall be denied. If the Village's cost of providing service or making service available to a property has been lessened by the retention or detention basin, the adjustment multiplier shall be reduced to reflect the approximate reduction in the Village's costs. The Village's debt service costs and extension and replacement costs shall not be considered to be reduced unless the existence of a retention or detention basin results in a reduction of the size or scope of the Village's stormwater collection system.
C. 
If all of the stormwater from a nonresidential property discharges directly into a qualifying receiving stream without crossing the property of another and the discharge does not result in the exceedance of federal, state, or local water quality standards, the customer is eligible for an adjustment multiplier less than one but equal to or greater than the percentage equal to that portion of the Village's user fee revenue budgeted towards administrative and capital expenditures for the current year.
D. 
If all of the stormwater from a nonresidential property discharges directly into a qualifying receiving stream without crossing the property of another and the nonresidential customer is a holder of or has filed a proper and complete application for a municipal stormwater discharge permit, as provided in § 283.33, Wis. Stats., and as further detailed in §§ NR 216.01 through 216.09, Wis. Adm. Code, the customer is eligible for a lowered adjustment multiplier less than one but equal to or greater than the percentage equal to that portion of the Village's user fee revenue budgeted toward administrative and capital expenditures for the current year.
E. 
If all the stormwater from a nonresidential property discharges directly into a stormwater collection system constructed and maintained by the Milwaukee Metropolitan Sewerage District (MMSD) without crossing the property of another, the customer is eligible for a lowered adjustment multiplier less than one but equal to or greater than the percentage equal to that portion of the Village's user fee revenue budgeted toward administrative and capital expenditures for the current year.
F. 
If all the stormwater from a nonresidential property discharges directly into a storm sewer constructed and maintained by the Village on the nonresidential customer's property pursuant to an easement and if, after the stormwater travels through the easement area, it is discharged as provided in Subsection C or D, the customer is eligible for a lowered adjustment multiplier less than one but equal to or greater than the percentage equal to that portion of the Village's user fee revenue budgeted toward administrative and capital expenditures for the current year.
G. 
In considering a request for an adjustment, the Director of Public Works may, in his or her discretion, separately examine multiple drainage areas on one piece of property and may recommend allowing an adjustment multiplier for a portion of the property if the characteristics of one or more drainage areas meet the criteria set forth in this article.
H. 
The Director of Public Works, at his or her discretion, may recommend allowing a lowered adjustment multiplier which may be as low as zero for a nonresidential property for reasons other than as specifically set forth in this section, provided that the adjustment is reasonable and not unjustly discriminatory.
I. 
No adjustments shall be considered for structural or nonstructural best management practices that are required in order to comply with any local, state, or federal regulation, such as Chapter 445, Zoning, Article VII, Post-Construction Stormwater Management, of the Village Code, MMSD Chapter 13, Ch. 30, Wis. Stats., and Chs. NR 103 and NR 216, Wis. Adm. Code.
J. 
No adjustments shall be considered for any "natural" features, such as, but not limited to, wetlands, lakes and floodplains, or water impoundment of any kind in existence prior to passage of this article.
K. 
Director of Public Works review procedure.
(1) 
The Director of Public Works shall issue a written determination as to whether a written request for adjustment will be granted, denied, or granted in part within 30 days of receipt of all materials and reports required by the Director of Public Works on the request for an adjustment. The determination shall be sent to the customer requesting the adjustment.
(2) 
A customer may appeal a determination under § 379-17B within 30 days of receipt of the Director's determination by submitting a written request to the Public Works Commission asking to review the determination.
(3) 
If no timely written request for appeal is received pursuant to § 379-17D, the determination of the Director of Public Works shall be final.
(4) 
The Public Works Commission review of the appeal of the determination shall be completed within 45 days of the receipt of the written request for appeal. The Public Works Commission shall review the appeal and determine whether the Director's determination should be approved, modified, or rejected. The determination of the Public Works Commission shall be in writing and set forth in detail the reason or reasons for its decision and shall inform the customer.
L. 
Application of adjustment. Any adjustment or adjustment 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 granting of the request for adjustment. There shall be no retroactive adjustment for user charges imposed prior to the granting of the request.
M. 
Recertification. Recipients of adjustment shall, every five years, file a recertification of the conditions under which the adjustment was granted. Failure to do so may result in revocation of the adjustment.
A. 
As a condition precedent to challenging any stormwater utility charge, the charge must be paid under protest to the Village.
B. 
Within 30 days of payment, a written challenge to the stormwater charge must be filed with the Village Clerk 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.
C. 
The Public Works Commission will determine whether the stormwater charge is fair and reasonable or whether a refund is due to the customer. The Public Works Commission may act with or without a hearing and will inform the customer, in writing, of its decision.
D. 
The customer has 30 days from the decision of the Public Works Commission to file a written appeal to the Village Board.
E. 
If the Village Board determines that a refund is due to the customer, the refund will be applied as a credit on the customer's next stormwater bill.
In addition to any other method for collection of the charges established pursuant to this article for stormwater utility costs, the Village Board finds that these charges may be levied on property by special charge pursuant to § 66.0627, Wis. Stats. The charges established by the special charge must reasonably reflect the benefits conferred on property. 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. In addition, the Village may provide notice each October of any unpaid charges to the Stormwater Utility, which charges, if not paid by November 15, may be placed upon the tax roll under § 66.0627, Wis. Stats. In addition to the foregoing special charge authority, charges may be established and collected under this article by way of special assessment pursuant to § 66.0701 or § 66.0703, Wis. Stats.
A. 
User charges for residential users shall be billed in advance on an annual basis as a special charge on the annual property tax bill. All other users shall be billed on a quarterly basis. Payment of quarterly bills shall be made within 25 days of mailing by the Village. In the event that such bill is not paid when due, a penalty of 1.5% per month on the unpaid balance shall be added thereto. All bills shall be payable to the office of the Village Treasurer, 5635 South New Berlin Road, Hales Corners, Wisconsin 53130.
B. 
The property owner is held responsible for all stormwater service charges on real property that he or she or it owns. All stormwater bills and notices of any nature relative to the stormwater management program will be addressed to the owner and delivered to the addressee by first class mail.
C. 
Reasonable care will be exercised in the delivery of stormwater service charges bills. A failure to receive a stormwater service charges bill, however, shall not relieve any person of the responsibility for payment of stormwater service charges within the prescribed period nor exempt any party from any penalty imposed for delinquency in the payment thereof.
D. 
Unpaid stormwater service charges shall be a lien upon the property served and shall be enforced as provided in § 66.0809(3), Wis. Stats.