[HISTORY: Adopted by the Mayor and Common Council of the
City of Reedsburg as Ch. 40 of the former Municipal Codebook. Amendments
noted where applicable.]
The Reedsburg Stormwater Utility is hereby established as a
separate utility of the City to operate and maintain the stormwater
management facilities and functions of the City in accordance with
the policies and directives of the Common Council and this chapter.
The Stormwater Utility is created pursuant to the authority
provided in Chapter 66 of the Wisconsin Statutes, including, without
limitation, the authority granted in the following sections: §§ 66.0621,
66.0627, 66.0701, 66.0703, 66.0809, 66.0811, 66.0813 and 66.0821.
The operation of the Stormwater Utility shall be under the general
supervision of the Utility Director and the Common Council. The Utility
Director will also oversee and be in charge of the day-to-day operations
of the Utility. Currently, the Utility Director will be the City Engineer/Director
of Public Works.
A.
Facilities. The City, through the Stormwater Utility, may acquire,
construct, lease, own, operate, maintain, extend, expand, replace,
clean, dredge, repair, manage and finance such facilities as are deemed
proper and reasonably necessary for a system of stormwater and surface
water management. Such facilities may include, without limitation
by enumeration, surface and underground drainage facilities, sewers,
watercourses, retaining walls, ponds, basins, streets, roads, ditches
and such other facilities as will support a stormwater management
system.
B.
Rates and charges. The Common Council shall establish such rates
and charges as are necessary to finance any necessary property or
easement acquisition and the planning, design, construction, maintenance
and operation of stormwater management facilities in accordance with
the procedures set forth in this chapter for the Stormwater Utility.
The City may advance funds or services to the Stormwater Utility from
time to time, and the Utility shall reimburse the actual amount or
value of such advances as determined by the Common Council.
C.
Budgeting process. The Utility Director shall prepare an annual budget
for the Stormwater Utility which shall include all operation, maintenance
and capital costs, debt service and other costs related to the operation
of the Utility. The costs shall be allocated among the various rate
classifications as determined by the Common Council. The budget shall
be approved by the Council in accordance with the procedures and requirements
of § 65.90, Wis. Stats.
D.
Excess revenues. All stormwater fees collected, and any other revenues
appropriated to or attributable to the operation of, the Stormwater
Utility shall be maintained in a segregated Stormwater Utility Enterprise
Fund. Any excess of revenues over expenditures from Stormwater Utility
operations in a given year shall be maintained in the Enterprise Fund
and shall be used in future years exclusively for purposes consistent
with this chapter.
As used in this chapter, the following terms have the meanings
set forth below:
The Utility Director or his or her designee.
A residential building containing two dwelling units.
A dwelling unit within a duplex.
One or more rooms within a building that is arranged, designed
or used as living quarters for one group of individuals living as
a single housekeeping unit.
The estimated average horizontal measurement of impervious
area of a fully developed single-family parcel within the City as
determined from time to time by the Common Council. One ERU is determined
on the effective date of this chapter to be equivalent to 3,024 square
feet.
That portion of any agricultural property that contains a
single-family home, duplex unit or multifamily unit, regardless of
whether the dwelling unit is on a separate lot or parcel.
A horizontal surface, or the horizontal area included in
a sloped surface, that is compacted or covered with a layer of material
such that it significantly reduces the ability of rainwater or other
surface water to penetrate the ground below. The term includes, but
is not limited to, semi-impervious surfaces, such as compacted clay,
as well as streets, roofs, sidewalks, patios, parking lots, driveways
and other similar surfaces.
A residential building consisting of three or more dwelling
units.
A dwelling unit within a multifamily property.
Any developed lot or parcel other than residential property
as defined herein, and includes, but is not limited to, transient
rentals (such as hotels and motels), mobile home parks, commercial,
industrial, institutional, governmental property and parking lots.
Any lot, parcel or farmstead home site developed for residential
purposes, including single-family homes, duplex units, and multifamily
units, but not including transient rentals (such as hotels and motels)
and mobile home parks.
Any residential building containing only one single dwelling
unit.
Property that has not been altered by the addition of any
improvements such as a building or other structure, paving or the
installation of substantial impervious landscaping. A property shall
be considered developed pursuant to this chapter upon issuance of
a certificate of occupancy, or upon substantial completion of construction
if no such certificate is issued or where construction is at least
50% complete and construction is halted for a period of three months.
A.
The rates charged by the Stormwater Utility shall be established
from time to time by Common Council resolution at sufficient levels
to fund the capital, operating and other expenses set forth in the
adopted budget which are not funded by other sources of revenue. Service
charges so established shall be in addition to any assessments or
charges imposed under any other provision of this Code.
B.
A copy of the current rates shall be maintained at all times on file
with the City Clerk-Treasurer and available to the public during normal
business hours.
C.
Service charges established by the Council may include the following
components:
(1)
Base charge (BC). A base charge may be charged to each property in
the City based upon its total area determined from annual tax records.
(2)
Equivalent runoff unit charge (ERU). The ERU charge shall be the
basic service fee charged to each property in the City based upon
the amount of impervious area as reasonably determined by the Director.
(3)
Special charge (SC). A special charge may be imposed on property
located in an area specially benefited by a particular stormwater
management facility or service. Any special charge will be developed
to reflect the benefits and/or services in a particular area which
the Council determines cannot equitably be charged to all property
throughout the City.
(4)
Connection charge. A one-time charge may be imposed when a property
is converted from undeveloped to developed property or otherwise becomes
connected to the City stormwater management system. The charge shall
be determined by the Common Council from time to time and may vary
based on the size of the parcel of property or other factors determined
appropriate by the Common Council.
D.
The Common Council may make such other classifications of properties
or customers in order to achieve a reasonable and fair allocation
of the costs of the Stormwater Utility among the properties benefited.
A.
The Common Council may grant credits against the BC, ERU, SC, and
connection charges as provided in this section. The total of all credits
may not exceed the total of all applicable charges.
B.
Any property owner requesting a credit shall file with the Utility
Director an application therefor on a form provided by the City, together
with a review fee established by the Common Council, identifying the
stormwater facilities, management practices or services for which
the credit is claimed and the financial benefit to the utility. The
review fee shall be deposited into the Stormwater Utility Fund. If
the Utility Director determines that additional engineering analysis
is necessary to properly complete his or her review and to make an
appropriate recommendation thereon, the Utility Director may deny
the application unless the applicant agrees to pay the cost of the
necessary engineering services.
C.
Credits may be granted under any of the following circumstances:
(1)
Any property owner may seek a credit against the ERU charge where
the owner has installed and maintained facilities that result in the
detention, retention or infiltration of stormwater on site and such
facilities demonstrably reduce the financial obligations of the Stormwater
Utility. The property owner must satisfactorily demonstrate the financial
savings to the utility from the practice for which a credit is desired.
(2)
For residential SWMU customers, a credit of 25% of the annual Stormwater
Utility fee may be provided for the construction of a rain garden
that is installed according to University of Wisconsin and WDNR standards
and maintained by the owner. To obtain this credit, a qualifying property
owner must self-certify that the rain garden has been installed using
the above standards and it will be maintained for the duration of
the credit.
(3)
For nonresidential SWMU customers, a credit up to 50% of the utility
fee could be obtained by detaining excess stormwater. For example,
if an on-site detention pond on a newly developed site detains the 100-year
storm and releases a peak discharge equal to the two-year storm during
predeveloped site conditions, a 50% credit would be possible. The
table below defines possible credits for nonresidential properties,
assuming that the peak discharge for the storm size in the table during
post-developed conditions is reduced to the two-year storm peak discharge
for predeveloped conditions.
|
Possible Credits for Nonresidential Properties
| |
|---|---|
|
Storm Size
(years)
|
Credit
|
|
5 to 2
|
10%
|
|
10 to 2
|
20%
|
|
25 to 2
|
30%
|
|
50 to 2
|
40%
|
|
100 to 2
|
50%
|
(4)
Any nonresidential property owner may seek a credit against the ERU
charge for that portion of the property that does not drain into any
stormwater conveyance or facility operated or maintained by the Stormwater
Utility.
(5)
Any property owner may seek a credit against the SC charge if stormwater
from the property does not drain into any stormwater conveyance or
facility that is the subject of the special charge.
D.
The Utility Director shall evaluate the quantifiable benefits in
both quantity and quality management measures in reviewing requests
for credits, where applicable. In all cases, the Utility Director
shall submit a written recommendation to the Common Council as to
whether a request for credit should be granted, denied, or granted
in part and denied in part. The written recommendation shall also
set forth the reason or reasons for such recommendation.
E.
Credit applications shall be decided by the Utility Director and shall be either one-time credits or may be continuing credits against recurring charges as determined appropriate by the Director. The Director shall grant a credit under Subsection C(1) only if it finds all of the following:
(1)
If the credit is based on special facilities or management practices under Subsection C(1):
(a)
The facilities installed or practices undertaken will reduce
the expenses incurred by the utility by limiting the quantity and/or
improving the quality of discharges into the facilities of the utility
from the property;
(b)
The property owner has, by contract, deed restriction or other
method approved by the Utility Director, ensured that the City may
legally enforce any operational or maintenance programs necessary
to assure that the facilities or practices will continue to provide
the benefits on which the credit is based;
(c)
The investment of the property owner in the facilities or management
practices exceeded the investment that would otherwise be necessary
in order to comply with any other City ordinance, state or federal
regulations or to obtain any land division or development approval
from the City;
(d)
The investment of the property owner in such facilities or management
practices is disproportionate to the investment made by the average
property owner subject to the same normal charges such that it would
be inequitable to charge the applicant on the same basis; and
(e)
The amount of the credit does not exceed the cost savings to
the utility from the facilities and management practices maintained
by the applicant.
(2)
(a)
That the absence of drainage from the property or a portion
thereof into the facilities of the Utility results in financial savings
to the Utility.
(b)
Adequate assurances are provided that the area of the property
for which the credit is given will not be altered in such a way as
to allow drainage into the facilities operated by the Utility.
(c)
The drainage from the property is managed in a way that complies
with all City ordinances and does not cause a nuisance condition.
F.
The Utility Director may revoke the credit in any case where the
circumstances forming the basis for the credit have materially changed.
The Committee shall provide at least 30 days' advance written notice
of any proposed credit revocation.
[Amended 1-26-2009]
B.
The City Utility Director shall prepare a list of properties within
the City and assign a customer classification to each lot or parcel.
C.
ERUs shall be calculated for each property classification as follows:
(1)
Residential, single-family: one ERU.
(2)
Residential, duplex: two ERU.
(3)
Residential, multifamily: one ERU per dwelling unit.
(4)
For nonresidential parcels, the Director shall be responsible for
determining the impervious area from available information, including,
but not limited to, data supplied by the City Assessor, the property
owner, tenant or developer, aerial photography, or by actual on-site
measurement. The Director may require additional information from
the property owner as necessary to make the determination. The ERU
value for a nonresidential property shall be determined by dividing
its impervious area by the number of square feet per ERU and rounding
the quotient to the next higher 0.1 ERU. The minimum ERU charge to
nonresidential properties will be one ERU. The billing amount shall
be updated by the Director as necessary based on changes to the amount
of impervious area on the property.
(5)
Undeveloped properties: zero ERU.
[Amended 1-26-2009]
A.
Stormwater Utility charges can be billed with the utility billing
or with the annual tax rate as determined by the Common Council. All
charges shall be due and payable 20 days from the bill date.
B.
Billings for Stormwater Utility charges shall be the responsibility
of the designated property owner or tenant. The owner of the property
shall be liable for all Stormwater Utility charges in the event payment
is not made as required in this chapter.
C.
Any Stormwater Utility charges remaining unpaid more than 30 days
from the date of billing shall be deemed delinquent and shall accrue
a late charge of not less than 1% or greater than 10% in addition
to all other charges. All delinquent charges shall be collected as
provided in §§ 66.0821(4) and 66.0809, Wis. Stats.
A.
Any Stormwater Utility charge, determination of ERUs, or ERU credits
for any individual property may be appealed by filing a written appeal
with the City Clerk-Treasurer not later than 30 days after the date
the payment is due. The appeal shall specify all bases for the appeal
and the amount of the stormwater charge the appellant asserts is inappropriate.
Any appeal not filed within the time permitted by this section shall
be deemed waived. As a condition to maintaining an appeal, the appellant
shall pay all charges billed under protest prior to filing the appeal.
B.
The Director shall review the appeal and determine whether the challenged
determination is fair and reasonable and consistent with the provisions
of this chapter, and whether a refund is due the customer. The Director
shall determine its procedure for deciding such appeals which, at
a minimum, shall provide the appellant with written notice by certified
return receipt mail at least 10 days prior to the meeting at which
the appeal will be reviewed, and an opportunity to present evidence
and be heard on the appeal at such meeting. The Director shall provide
the appellant with its decision, in writing, within 15 days of the
date of the decision.
C.
The appellant may appeal the decision of the Director within 30 days
from the date of mailing the Director's decision. An appeal to the
Common Council shall be limited to the evidence presented to the Director,
but the appellant shall be afforded the opportunity to present arguments
based on that evidence.
D.
If the Council or the Director determines that the decision appealed
from should be reversed or modified, it shall determine whether a
refund is due the customer. Any refund ordered shall be applied as
a credit against the customer's next stormwater billing if the refund
will not exceed the customer's next stormwater billing, and otherwise
will be refunded by the City Clerk-Treasurer from the Stormwater Utility
fund.
A.
In addition to any other method for collection of the charges established
pursuant to this chapter for Stormwater Utility costs, the Common
Council may order that the charges be levied against the property
as a special charge pursuant to § 66.0627, Wis. Stats. The
mailing of an invoice reflecting the charges due to the owner shall
be notice to the owner that failure to pay the charges when due may
result in such charges being placed upon the tax roll.
B.
In addition to any other method of charging for Stormwater Utility
expenses, the Common Council may by resolution levy special assessments
on property in a limited and determinable area for special benefits
conferred upon property by any public improvements pursuant to § 66.0703,
Wis. Stats. The failure to pay such special assessments shall result
in a lien on the property and shall be enforced pursuant to § 66.0703(13),
Wis. Stats.
If any provision of this chapter is found to be invalid or unenforceable
for any reason, such determination shall not affect the validity or
application of, the remaining provisions. A determination of invalidity
or unenforceability of any provision as applied to any specific property
or circumstance shall not affect the validity and application of such
provisions to any other property or circumstances.
