[HISTORY: Adopted by the Village Board of the Village of
Fox Crossing 7-13-2020 by Ord.
No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from Ch. 35 of the former
Municipal Code, adopted 7-13-2009 and amended 8-23-2010.
The Village of Fox Crossing Village Board finds that the management
of stormwater and other surface water discharges within the Village
limits is a matter that affects the public health, safety, and welfare
of the Village, its citizens and businesses, and others in the surrounding
area. Failure to manage the stormwater and other surface water discharges
may cause, among other things, land erosion, property damage, and
other environmental damage. In addition, the Village is required by
the Wisconsin Department of Natural Resources (DNR) Administrative
Code Chapter NR 216 to improve the quality of stormwater discharged
from the Village into waters of the state. The Village owns, operates,
and maintains a storm sewer collection system that provides collection
and regulation of stormwater and other surface water discharge for
all real property owners within the Village. The costs of operating
and maintaining this system and financing necessary plans, studies,
repairs, replacements, improvements, and extensions thereof should,
to the extent practicable, be allocated in relationship to the services
received from the system.
In order to protect the health, safety, and welfare of the public,
there is hereby established a Stormwater Utility in the Village of
Fox Crossing.
A.
This chapter is adopted under the authority granted by §§ 66.0821
and 66.0827, Wis. Stats., and shall be known as the "Village of Fox
Crossing Stormwater Utility Ordinance."
B.
The Village Board shall exercise due authority pursuant to § 66.0821,
Wis. Stats. This includes the authority to fix and collect charges,
to levy special assessments, to lease or acquire any real and personal
property that may be needed for the purposes of stormwater management,
and to enact and enforce ordinances to implement this authority.
C.
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 Board to be proper and reasonably necessary
for a system of stormwater and surface water drainage facilities,
sewers, watercourses, retaining walls, ponds, streets, roads, ditches
and such other facilities for purposes of supporting a stormwater
management system.
D.
The Village Board hereby designates the Director of Community Development
to administer and enforce the provisions of this chapter.
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 to the Village by the Wisconsin Statutes.
If any section, provision or portion of this chapter is found
to be unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected thereby.
As used in this chapter, the following terms shall have the
meanings indicated:
For the purpose of this chapter the Director of Community
Development under the guidance of the Village Board.
A residential dwelling having two side-by-side units or one
lower-level unit and one upper-level unit, including zero-lot-line
condominiums.
Equivalent residential unit and indicates the computed average
impervious surface of a single-family home within the Village of Fox
Crossing, established at 4,177 square feet.
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, decks, roof extensions, patios, porches, driveways,
sidewalks, parking lots, pavement, gravel, compacted clay, and loading
docks, all as measured on a horizontal plane.
Any man-made alteration of the land surface resulting in
a change in the topography or existing vegetative or nonvegetative
soil cover that may result in runoff and lead to an increase in soil
erosion and movement of sediment into waters of the state. Land disturbing
construction activity includes clearing and grubbing, demolition,
excavating, pit trench dewatering, filling and grading activities,
and soil stockpiling.
A residential property comprised of more than four attached
living units, including but not limited to apartments, flats and zero-lot-line
condominiums.
A lot or parcel of land, with improvements such as a building,
paving, or impervious areas as defined in this section, grading or
substantial landscaping, which is not exclusively residential as defined
herein, including, but not limited to, commercial, industrial, institutional,
mixed-use, and governmental property.
A discharge to the storm sewer system created by some process
other than stormwater runoff.
Any property developed exclusively for residential purposes,
including but not limited to duplexes, apartments, mobile home parks,
condominiums and townhomes.
That portion of the precipitation falling during a rainfall
event or that portion of snowmelt or irrigation water that runs off
the surface of the land and into the natural or artificial conveyance
or drainage network.
A residential property comprised of one dwelling unit, including
stand-alone single-unit condominiums.
A conveyance or system of conveyances, including all waters
of the state, roads with drainage systems, streets, catch basins,
curbs, gutters, ditches, constructed channels or storm drains, which
is designed for collecting water or conveying stormwater that is located
within or bordering upon the Village of Fox Crossing.
Property that is not developed by the addition of an improvement
such as a building, structure, other impervious area as defined in
this section, grading of more than 4,000 square feet, or other land
disturbing activity which increases stormwater runoff.
Those portions of Lake Michigan and Lake Superior within
the boundaries of Wisconsin, and all lakes, bays, rivers, streams,
springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water or groundwater, natural or
artificial, public or private, within Wisconsin or its jurisdiction.
A.
By this chapter, the Village Board is establishing the rate classification
and basis for computation of charges for stormwater services for each
lot within the Village of Fox Crossing. The actual charges to be imposed
pursuant to these rate classifications, and any future changes in
the charges, shall be made by resolution. A schedule of current rates,
following approval by the Village Board, shall be maintained and on
file in the Community Development Department.
B.
The rate classifications used to distribute the costs of the stormwater
program among utility customers shall be based on the equivalent residential
unit (ERU). The charge assigned to each developed parcel shall be
assessed based upon the impervious areas or number of living units
as reasonably determined by the Village. Undeveloped properties shall
be assessed a fraction of an ERU based on proportion of administration
and operating costs.
A.
Customer classes. For the purposes of imposing the stormwater charges,
all lots and parcels within the Village are classified into the following
five customer classes:
B.
Parcel classification. The Director of Community Development shall
assign a customer classification to each lot and parcel within the
Village of Fox Crossing.
A.
Residential, single-family. The charges imposed for residential properties
comprised of a single living unit shall be the charge for one ERU,
i.e., residential parcel charge = one ERU fee.
B.
Residential, two- to four-family. The charges imposed for residential
properties comprised of two to four attached living units, either
side by side or one lower-level unit and one upper-level unit, and
mobile homes shall be the fee of 0.66 ERU per living unit existing
on the property, i.e., duplex, two-four unit condos and manufactured
housing in mobile home parks = 0.66 ERU fee per unit.
C.
Residential, multifamily. The charges imposed for residential properties
with greater than four attached living units shall be the fee of 0.50
ERU per living unit existing on the property, i.e., multifamily parcel
charge = 0.50 ERU fee per unit.
D.
Nonresidential. The charges imposed for nonresidential properties
shall be the charge for one ERU times the numerical factor obtained
by dividing the total square footage of impervious area of the property
by the square footage of one ERU. The factor shall be rounded down
to the nearest 0.1, i.e., nonresidential parcel charge = one ERU fee
× parcel impervious area ÷ 4,177 square feet.
E.
Undeveloped. The charges imposed for undeveloped parcels shall be
the charge of 0.25 ERU fee per parcel, i.e., undeveloped charge =
0.25 ERU fee per parcel.
F.
Minimum charge. The minimum charges for any customer assessed a charge
shall be a 0.25 ERU fee.
G.
New construction. For all parcels, the property owner shall be responsible
for stormwater charges related to an increase in ERUs for the construction
of new or expanded buildings, driveways, and/or other additions of
impervious surface.
H.
Public roads, trails, sidewalks and railroad tracks. Public roads,
public trails, public sidewalks, public and private railroad tracks,
and waters of the state shall be exempt from ERU fees.
I.
Impervious area measurement. The Director of Community Development
or designee shall be responsible for determining the impervious area
of nonresidential parcels based on best available information, including,
but not limited to, data supplied by the Village Assessor, Village
Building Official, aerial photography, property owner, tenant, or
developer. The Director of Community Development or designee may require
additional information as necessary to make the determination. The
number of ERUs shall be updated by the Director of Community Development
or designee based on any alterations to the impervious area as approved
through the building permit process.
A.
Credits. The Village may provide credits against the Stormwater Utility
fees charged for nonresidential parcels where the owner installs and
maintains private stormwater management facilities on site which effectively
reduce surface water runoff from that parcel or which improve the
quality of stormwater runoff from that parcel. Credits must be applied
for and may be granted in accordance with the Stormwater Utility Credit
Policy on file in the Community Development Department.
B.
Adjustments.
(1)
Nonresidential parcels. A nonresidential property owner may have
the number of ERUs assigned to its property adjusted. Nonresidential
customers who believe the number of ERUs assigned to their property
to be incorrect may submit a written adjustment request to the Director
of Community Development. The allocated ERUs may be adjusted if the
owner can provide information stamped by a certified engineer or surveyor
showing the impervious surface square footage calculation as determined
by the Director of Community Development is incorrect. The Director
of Community Development may also adjust impervious surface square
footage calculations if it is determined by the Director that errors
were made in the original calculations due to misinterpretation or
inaccuracies of the information used to determine impervious surface.
(2)
Residential parcels. A residential property owner may have the number
of ERUs assigned to his property or properties adjusted. Residential
customers who own more than one contiguous parcel may have their ERUs
adjusted if the owner requests an adjustment or if the Director of
Community Development determines an adjustment is appropriate under
the following circumstances:
(a)
Where a single-family home is physically located on two or more
parcels, the property owner shall be assessed a charge of one ERU.
(b)
Where a single-family home is located on one parcel with one
or more contiguous unbuildable parcel(s) totaling 4,000 square feet
or less under the same ownership, the property owner shall be charged
one ERU for all of the parcels combined.
(c)
Garage lots 4,000 square feet or less under the same ownership
as the single-family home located across the street shall be combined
with the principal structure and shall be charged one ERU for both
parcels combined.
C.
Review procedure. Within 30 days of application to the Director of
Community Development for a credit or adjustment, the Director of
Community Development shall issue a written notice as to whether the
request has been granted, denied, or granted in part. The written
notice shall set forth the reason or reasons for the decision and
shall be sent to the customer by mail.
D.
Effective date. Any ERU adjustment 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.
A.
If a property has been denied a credit or adjustment, the decision
may be appealed by submitting a written appeal to the Director of
Community Development.
B.
Within 30 days of the submission of an appeal, the Director of Community
Development shall issue a written recommendation as to whether the
appeal should be granted, denied or granted in part. The written recommendation
shall set forth the reason or reasons for such recommendation. The
recommendation shall be sent to the customer by mail and shall be
provided to the Village Board.
C.
A property owner not satisfied with the Director of Community Development's
decision has 30 days to file a written appeal to the Village Board.
Upon appeal, the property owner must provide evidence sufficient to
show that the decision of the Director of Community Development was
incorrect.
D.
The Village Board shall review the appeal and issue a written recommendation
to uphold, modify or reject the decision of the Director of Community
Development. The written recommendation shall set forth the reason
or reasons for such recommendation. The Village Board may act with
or without a public hearing.
E.
The decision of the Village Board shall be final, and no further
appeal will be allowed.
F.
Any appeal granted shall thereafter be used to calculate the customer's
Stormwater Utility fees. The credit or adjustment shall only apply
for the period of time subsequent to the filing of the request for
appeal. There shall be no retroactive adjustment for user charges
imposed prior to the filing of the request.
A.
The Stormwater Utility finances shall be accounted for in a separate
Stormwater Enterprise Fund by the Village.
B.
The Utility shall prepare an annual budget, which is to include all operation and maintenance 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 Village Board. Any excess of revenues over expenditures in a year will be retained by the Stormwater Enterprise Fund for the subsequent years' needs. All financial activity must adhere to Chapter 49, Finance and Taxation, Article I, of the Village Code.
A.
The Village of Fox Crossing Finance Department is hereby appointed
as the collection agency for the Village Stormwater Utility. Bills
shall be prepared by the Finance Department and sent to the owner
or occupant of each premises served.
B.
The bills for the Stormwater Utility charges may be mailed to the
designated utility bill recipient, but this mailing shall not relieve
the property owner from liability for rental property in the event
payment is not made as required.
C.
In the event a customer of the Stormwater Utility fails to make payment
in full upon a combined water, sewer, and/or stormwater bill, this
failure to make payment in full shall result in the entire bill being
considered delinquent. No portion of the payment made can be considered
specifically designated for water, sewer, or stormwater service, except
by equal proportion. If Stormwater Utility charges remain unpaid,
the same collection procedures and late fees that apply to the Water
Utility will also apply to the Stormwater Utility.
The Village Board shall have the authority to establish and
collect special assessments or special charges pursuant to Wisconsin
Statutes or Village ordinances for the fair and equitable apportionment
of capital and other costs incurred by the Village Board as a result
of the operation of its stormwater system.
This chapter shall become effective on August 3, 2009.
