[Ord. No. 7-2007, 10-10-2007; amended 5-14-2012 by Ord. No. 05-2012]
Creation. There is hereby created and established a stormwater ordinance for the Village of Mount Pleasant. The implementation and oversight of the stormwater ordinance shall be under the supervision of the Village engineers.
Authority. The Village, acting through the stormwater commission, may without limitation due to enumeration, 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 water and surface water management. These facilities may include, without limitation due to enumeration, surface and underground drainage facilities, sewers, watercourses, retaining walls, ponds, streets, roads, ditches and such other facilities as will support a storm water management system.
Definitions. For purposes of this article, the following definitions shall apply:
DEVELOPED PROPERTY — Property that has been altered from its natural state by the addition of any improvement, such as a building, structure or impervious surface and where a certificate of occupancy has been issued, or upon completion of construction or final inspection if no such certificate is issued; or where construction of an improvement is at least 50% complete and construction is halted for a period exceeding three months.
DWELLING UNIT — Any residential space identified for habitation by the building code. A dwelling unit includes, but is not limited to; single family residences, and two-, three-, or four-family apartments, condominiums, or townhouse living units.
EQUIVALENT RUNOFF UNIT or ERU — Is defined as 3,000 square feet of impervious area. The impervious area includes, but is not limited to, all areas covered by structures, roof extensions, patios, porches, driveways and sidewalks.
IMPERVIOUS AREA or IMPERVIOUS SURFACE — A surface that 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, paved streets, driveways, roofs, sidewalks, parking lots, brick pavers and other similar surfaces constructed of impervious materials such as concrete, asphalt, etc. Compacted gravel and clay are not considered impervious areas.
NON-RESIDENTIAL PROPERTY — Any developed lot or parcel not exclusively residential as defined herein, including but not limited to, transient rentals (such as hotels and motels), multifamily apartment buildings with more than two units commercial, industrial, institutional, governmental property.
RESIDENTIAL PROPERTY — Any lot or parcel developed exclusively for residential purposes including, but not limited to, single family homes, manufactured homes, and condominiums. In the case of private ownership of individual residential units existing in multiple family buildings or developments, each dwelling unit shall be assigned a separate ERU.
SINGLE FAMILY PROPERTY — A residential space identified as a habitation with exactly one dwelling unit.
STORMWATER COMMISSION — Five members Village Trustee Members will be appointed by the Village President and Citizen Members will be appointed by the Village President and confirmed by the Village Board. It is preferred that a majority of the members be Citizens.
UNDEVELOPED PROPERTY — Property which has not been altered from its natural state by the addition of any improvements such as a building, structure, or impervious surface.
[Ord. No. 7-2007, 10-10-2007]
Rates and charges.
The basis for computation of the charge for storm water services to all lots and parcels of land within the Village is established under this section. The amount of charge to be imposed, the establishment of formulas for the calculation of charges, the creation of customer classifications for the imposition of charges, and changes in such charges, formulas and customer classifications may be made by further resolution of the Village Board following a recommendation by the storm water commission. All charges established pursuant to this section shall be fair and reasonable. A schedule of current charges shall be maintained on file in the office of the Village Clerk.
Charges shall be imposed to recover all or a portion of the costs of the storm water management activities. Such charges, which shall be established pursuant to further resolution of the Village Board, may include the following components:
Base operational charge applied to undeveloped parcels. A base operational charge will be imposed on all undeveloped properties in the Village. The base operational charge is established in recognition of the fact that all properties in the Village receive services from the Village's storm water management activities and contribute to some degree to the storm water runoff that must be managed by the Village. The base operational charge will be assessed to collect a proportionate amount of the operational costs of the storm water management activities from undeveloped properties. The charge per undeveloped parcel will be determined by taking the budgeted annual operational expense of the storm water commission for the storm water management activities and dividing by the total number of real estate parcels in the Village of Mount Pleasant.
Base Operational Charge Applied to Undeveloped Lots = (Annual Budget Operating Cost) ÷ (Total Real Estate Tax Parcels)
ERU charge. An equivalent runoff unit charge (1 ERU) will be imposed on all property containing impervious surface. This ERU charge will fund both the capital and remaining operational costs not recovered from undeveloped parcels. Non-residential properties containing impervious area will be charged multiples of the ERU, but no less than 1 ERU, based on the impervious area of the property.
ERU Charge (Applied to Parcels containing Impervious Area) = ((Total Annual Budgeted ERU Revenue) -
(Revenue recovered from Undeveloped Lots)) ÷ (Total ERUs)
The Village Board may establish rates and classifications by further resolution as will be likely to provide a reasonable and fair distribution of costs for storm water management. In the event the owner and non-owner users of a particular property are not the same; the liability for the charges attributable to that property shall be that of the owner.
The charges established will be billed to the customer at the same time and in the same manner as the Village tax bill as an additional fee for storm water services. Such charges shall be payable in the same manner as a tax bill. Bills for storm water charges shall be mailed to the owner of the property to which the bill relates. Payment is due with the first tax installment.
All storm water service charges shall be billed and collected, and shall be a lien upon the property served under the provisions of Wis. Stats. § 66.0809, as amended and/or renumbered.
Adjustments for ERU charges.
The Village elects not to be subject to the administrative review provisions contained within Wis. Stats. Ch. 68, and establishes the following as a complete and final review procedure: As a condition precedent to challenging any storm water utility charge, the charge must be timely paid in full with the property owner's real estate taxes, under protest to the Village. Any appeal should be presented in written form to the Village engineers and the stormwater commission. The appeal shall specify all grounds for challenge to the amount of the charge and shall state the amount of charge that the appellant considers to be appropriate.
Requests for adjustments of the ERU's allocated to a parcel of property shall focus upon the calculation of ERU's based upon the amount of impervious area or impervious surface on the property. The Village engineers shall have the authority to administer the procedures and standards for the adjustment of ERU's as established in this section.
A customer may at any time, subject to the conditions herein provided, submit a written request seeking an adjustment of the ERU's allocated to a parcel or property, which shall describe in detail the grounds upon which relief is sought.
A customer requesting adjustments may be required, at their own expense, to provide supplemental information to the Village engineers including, but not limited to, survey data approved by a registered land surveyor. Failure to provide such information within a thirty-day time period may result in denial of an adjustment request.
Following submission of a completed adjustment request and all required information, the Village engineers shall have 30 calendar days within which to render a written decision. In considering an adjustment request, the Village engineers shall consider whether the calculation of the ERUs for the property are correct.
The Village engineers' decision shall be mailed to the address provided on the adjustment request by first class mail and notification shall be complete upon mailing.
Appeal of the Village engineers' decision concerning an ERU adjustment request shall be in writing and shall specify the grounds for challenging the Village engineers' decision. Appeals shall specifically address the Village engineers' conclusions and shall not merely repeat the grounds for the initial adjustment request. Appeals to the storm water commission shall be submitted within 30 calendar days after date of mailing of the Village engineers' decision. Failure to timely and properly appeal shall deprive the customer of having the stormwater commission hear the appeal and/or have further action by the Zoning Board of Appeals.
The stormwater commission will review and reply in writing to appeals no later than 30 days after receiving the customer's appeal in writing.
If the appeal is not satisfied at the Village engineers' review or the storm water commission review, then the appeal should formally go before the Zoning Board of Appeals. The appellant must issue a letter to the deputy director of planning to schedule a hearing before the Zoning Board of Appeals. A written notice of hearing shall be mailed to the appellant not less than 20 days prior to the actual hearing. The Zoning Board of Appeals shall take evidence at any hearing on appeal which may consist of some or all of the following: sworn testimony and documentary evidence, including but not limited to, learned treatises, public records and other documents the Zoning Board of Appeals desires both relevant and trustworthy. Following the hearing the Zoning Board of Appeals shall mail to appellant, "findings of fact and decision" within five business days following said hearing. This notice shall contain the Zoning Board of Appeals' decision and a short synopsis of the basis for that decision.
Appeals of the Zoning Board of Appeals' decision be determined by the procedures prescribed Wis. Stats. § 62.23(7)(e).
If the result of any appeal or judicial review pursuant to Wis. Stats. § 62.23(7)(e) is that a refund is due, it will be payable by the Village to appellant within 30 days of the written determination. Any further resulting adjustment will appear on subsequent bills.
Alternative method to collect stormwater charges. In addition to any other method for collection of the charges established under this article or subsequent resolution, stormwater charges may and are hereby authorized to be levied and imposed on property as a special charge pursuant to Wis. Stats § 66.0627. The mailing of the bill for storm water 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 Wis. Stats. § 66.0627. The procedures contained therein shall govern such notice and further collection procedures.
Budget excess revenues. Stormwater finances shall be accounted for in a separate storm water fund. The stormwater commission shall prepare an annual budget, which shall include all maintenance costs, debt service and other costs related to the operational activities of the stormwater commission. 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 fund for subsequent years' needs.
Penalty. A person convicted in the Village municipal court (or other municipal court) or the circuit courts of the State of Wisconsin, of violating any provision of this article shall, upon conviction, pay forfeiture not less than $50 and not more than $1,000 for each offense, plus costs and assessments. Each day a violation exists shall constitute a separate offense.