Village of Kimberly, WI Transportation Utility

Transportation utility established. The cost of operating and maintaining the Village right-of-way, including streets, sidewalks and trails, and financing necessary repairs, replacements, improvements, maintenance and extensions thereof should, to the extent practicable, be allocated in relationship to the benefits enjoyed and services received therefrom. In order to protect the health, safety and welfare of the public, the Village is exercising its authority to establish a Transportation Utility and set the rates for transportation management services. The Village is acting under the authority of Chapters 61 and 66 of the Wisconsin Statutes, and particularly at least the following statutes: §§ 61.34, 66.0621, 66.0627, 66.0809, 66.0811 and 66.0813.

Operation. There is hereby established a Village of Kimberly Transportation Utility. The operation of the Transportation Utility shall be under the supervision of the Village Board of Trustees.

Findings. The Village Board of Trustees ("Board") finds, determines and declares the necessity of providing maintenance of the Village's streets and related facilities within the right-of-way, including street resurfacing and reconstruction and sidewalk replacement. Maintenance includes such activities as are necessary in order that streets and related facilities may be properly operated, improved and maintained to safeguard the health, safety, and welfare of the village and its inhabitants and visitors. Maintenance does not include snowplowing and street sweeping. In addition, the Board finds that the traditional method for partially funding street resurfacing, street reconstruction and sidewalk replacement through special assessments places an undue financial burden on Village residents, while not including all who benefit from the improvements in the funding of the maintenance. Furthermore, the Board finds and determines that there is a correlation between the amount of impervious surface on a property parcel and the traffic generated from that parcel. As a result, the basis for determining the stormwater fee in 2005 provides a reasonable and rational method for determining the fee authorized by this chapter.

Funding purposes. The following activities are to be funded by the transportation assessment replacement fee ("TARF"): costs of administering construction projects, pavement overlays including minor widening, street reconstruction, sidewalk reconstruction, repairing and installing curb and gutter, and related operations of the public works department on Village streets and intersections within Village streets. The Board further finds that bicycle and pedestrian facilities, including access for the disabled or handicapped, are an integral part of the transportation network. A portion of funds may be used for installation of bicycle and pedestrian facilities within the public right-of-way. The funds shall not be used for snowplowing and street sweeping.

§ 440-2 Fee established.

Based on the findings and purpose of the transportation assessment replacement fee outlined above, there is created a charge for the purpose of providing funds for the maintenance of local streets and related facilities under the jurisdiction of the Village of Kimberly.

§ 440-3 Transportation assessment replacement fee dedicated.

Segregated fund. All fees collected by the Village shall be paid into a segregated fund. Such revenues shall only be used for the purposes described in § 440-1.

Other funds. To the extent that the fees collected are insufficient to properly reconstruct or resurface streets, the cost of the same may be paid from such other Village funds as may be determined by the Village Board of Trustees. The Board may order reimbursement to such fund as additional fees are thereafter collected. Funds shall not be imposed in amounts greater than that which is necessary, in the judgment of the Board, to provide sufficient funds to properly maintain streets and related transportation facilities.

§ 440-4 Village to maintain local streets — exclusions.

The Village shall maintain all accepted local streets within Village rights-of-way and easements. The Village may improve other accepted local streets, bicycle and pedestrian facilities, and intersections with county roads or state highways within or adjacent to the Village. Local streets to be improved exclude private streets and streets or any other facilities not yet accepted by the Village for maintenance. In addition, the cost of initial construction of local streets within Village rights-of-way in new subdivisions constructed after the effective date of this chapter or subject to a developer's agreement approved by the Board shall not be funded by the TARF.

§ 440-5 Definitions.

For the purpose of this chapter, the definitions listed at § 425-3 shall apply to this chapter, unless modified in this section; words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense; the word "shall" is mandatory and not discretionary; the word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary:

DEVELOPED AREA UNIT (DAU)

The statistical average horizontal impervious area of "single-family homes" (single-family and mobile homes) within the Village on the date of adoption of Code § 425-3 (May 16, 2005). The horizontal 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

Areas that have been paved, covered or compacted to inhibit the natural infiltration of water into the soil or cause water to run off the area in greater quantities or at an increased rate of flow from the present under natural conditions as undeveloped property. Such areas may include, but are not limited to, roofs, roof extensions, patios, porches, driveways, sidewalks, pavement, gravel, athletic courts and compacted surfaces. Excluded from this definition are undisturbed land, lawns and fields.

§ 440-6 Fee charges.

By this chapter, the Board of Trustees is establishing the charge upon each lot and parcel within the Village for the TARF. The actual charges to be imposed, the establishment of formulas for calculations of the charges, the establishment of specific customer classifications and any future changes in those rates, formulas, rate charges, and customer classifications, shall be established through a separate resolution. All rates established pursuant to this chapter will be fair and reasonable. The current rates will be on file with the Village Clerk.

The fee charged shall be issued to share the costs of the historic level of special assessment for street resurfacing, street reconstruction and sidewalk replacement. This charge may be imposed on all property that has any developed impervious area. The developed area unit (DAU) charge will be designed on the basis of a typical residential unit of property. Other units of property will be charged multiples of the DAU based on the impervious area.

The Board may make such other customer classifications as will be likely to provide reasonable and fair distribution of the costs of the TARF.

The Village Water Utility as directed by the Finance Manager is hereby appointed as the collection agency for the TARF. Bills shall be prepared by the Village Water Utility and sent to the owner or occupant of each property subject to the TARF. The Finance Manager shall allocate the actual cost of billing and collecting.

If there is neither Village water nor Village sewer service to an improved parcel, an annual bill shall be rendered and shall become due and payable within 20 days of issuance.

The bills for TARF charges may be mailed to the designated utility bill recipient, but this mailing shall not relieve the owner of the property from liability for rental property in the event payment is not made as required in this chapter. The owner of any property served which is occupied by tenants shall have the right to examine collection records of the Village for the purpose of determining whether such rates and charges have been paid for such tenants, provided that such examination shall be made at the office at which the records are kept and during the hours that such office is open for business.

TARF charges shall not be payable in installments. If charges remain unpaid after a period of 20 days from the date of the utility bill, such bill shall become a delinquent special charge, pursuant to Wis. Stats. § 66.0627, and shall become a lien as provided in Wis. Stats. §§ 66.0809 and 66.0821. Said charges shall automatically be extended upon the current or next tax roll as a delinquent tax against the property, and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charges.

[Amended 1-4-2021 by Ord. No. 1-2021]

All delinquent special charges shall be subject to a 10% penalty in addition to all other charges and prior penalties or interest when the delinquent special charge is extended upon the tax roll.

§ 440-7 TARF calculation.

For purposes of imposing the TARF charges, the Board of Trustees may classify all lots and parcels within the Village or, in its discretion, treat all parcels within the Village as a single class.

In the event that the Board determines multiple property classifications shall be applied, the Director of Operations shall prepare a list of lots and parcels within the Village and assign a classification to each lot or parcel based on the direction of the Board.

The average square footage of impervious area of DAU is established to be equivalent to 3,350 square feet.

The charge imposed for single-family residential property shall be the rate for one DAU.

The charges imposed for duplex residential properties shall be the rate for three-quarters of one DAU for each individual dwelling unit existing on the property (3/4 DAU rate multiplied by the number of dwelling units).

The charges imposed for manufactured home, residential-multifamily units, nonresidential, and nonprofit properties shall be the rate for one DAU, multiplied by the numerical factor obtained by dividing the total impervious area of a residential multifamily unit and nonresidential property by the square footage of one DAU. The factor shall be rounded down to the nearest one-tenth DAU.

DAU rate x impervious area

DAU (3,350 square feet)

The charges imposed for undeveloped properties as defined herein shall be the rate for 0.7 DAU multiplied by a factor established by resolution and then divided by the square footage for one DAU established by resolution.

The Director of Operations or designee shall be responsible for determining the impervious area based on the best available information, including, but not limited to, data supplied by the Village Assessor, aerial photography, the property owner, tenant or developer. The Director may require additional information as necessary to make the determination. The billing amount shall be updated by the Director based on the building permit process.

The minimum charges for any nonresidential parcel shall be equal to the rate for one DAU.

All unoccupied developed and undeveloped lots and parcels shall be subject to the TARF.

§ 440-8 New construction.

For new development, the owner shall be liable for the TARF charges, under this chapter, for the improvement from the date of building permit or parking lot permit issuance.

Areas annexed to the Village of Kimberly or under contract to annex shall become subject to the TARF on the date of annexation or the date of the annexation contract, whichever comes first.

§ 440-9 Method of appeal.

The TARF may be appealed as follows:

A written appeal shall be filed with the Village Clerk prior to the charge due date; or

Within 30 days of payment, a written challenge to the charge must be filed with the Village Clerk on behalf of the customer, specifying all bases for the challenge and the amount of the charge the customer asserts is appropriate. Failure to file a challenge within 30 days of payment waives all rights to later challenge the charge.

The Village Board of Trustees is assigned responsibility for hearing appeals under this chapter and shall determine whether the charge is fair and reasonable, or whether a refund is due the customer. The Board may act with or without a hearing, and will inform the customer in writing of its decision.

If the Board determines that a refund is due, the refund will be applied as a credit on the customer's next quarterly billing or will be refunded at the discretion of the Finance Manager.

§ 440-10 Special assessment authority.

The Board of Trustees finds that these charges may be levied on property as a special charge pursuant to Wis. Stats. § 66.0627, in addition to any other method for collection of the charges established pursuant to this chapter for the TARF. The charges established hereunder reasonably reflect the benefits conferred on property and may be assessed as special charges. 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 Wis. Stats. § 66.0627. In addition, the Village may provide notice each October of any unpaid charges for the TARF, which charges, if not paid by November 15, may be placed upon the tax roll under Wis. Stats. § 66.0627. A penalty of 10% will be added to the delinquent balance when it is placed on the tax roll.

§ 440-11 Disposition of fees and charges.

The fees paid and collected pursuant to this chapter shall not be used for general or other governmental proprietary purposes of the Village, except to pay for the equitable share of the cost of replacement and reconstruction of the street network and related facilities for which the Village has maintenance responsibility.

§ 440-12 Exemptions.

The Board of Trustees may, by resolution, exempt any class of user when they determine that the public interest deems it necessary and that the contribution to street use by said class is insignificant. Exemptions may be determined annually through Board action by resolution.