[Amended 4-3-2023 by Ord. No. 23-07]
This article shall apply to the City of Watertown Stormwater Management Utility, as hereinafter defined in § 453-4, and all appurtenances thereof.
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 City of Watertown, 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 City'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 City limits.
D.
The costs of operating and maintaining the City'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 properties
in proportion to the contribution to the system from each property.
E.
The final report entitled "Report of the Stormwater Management Committee
on the Feasibility of a Stormwater Utility," prepared by Ruekert &
Mielke, Inc. and dated February 2005, is hereby declared to constitute
the study and description of the analytical determinations that demonstrate
a rational basis for the enactment of this article.
In order to protect the health, safety and welfare of the public,
there is hereby established the City of Watertown Stormwater Management
Utility.
As used in this article, the following terms shall have the
meanings indicated:
The City of Watertown.
The costs of general management and administration of the
Utility, development plan and erosion control plan review, and compliance
with the requirements of Wisconsin Administrative Code Chapter NR
216 include, but are not limited to, the following:
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.
Utility billing and accounting expenses.
Office supplies.
Permit fees.
Consultant and legal fees.
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.
The Common Council of the City of Watertown.
All annual principal and interest requirements and obligations
of the City, including debt service reserves and coverage requirements,
that relate to stormwater management system improvements.
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 Council from time to time
by resolution and set forth in a Stormwater Service Charge Rate Table.
A horizontal 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 asphalt, concrete,
streets, roofs, sidewalks, parking lots, and other similar surfaces.
All direct and indirect costs, excluding 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. O&M costs may include
expenses for, but not limited to, the following purposes:
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.
Fuel and other operating supplies.
Repairs to and maintenance of the equipment associated therewith.
Premiums for hazard insurance.
Premiums for insurance providing coverage against liability
for injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for trucks and heavy
equipment.
Consultant and legal fees.
Replacement costs.
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.
A sewer that carries storm and surface drainage but excludes
domestic wastewater and industrial wastes.
A fund established by the City for the deposit of Utility
revenues and the payment of Utility expenses.
Any activities undertaken by the City of Watertown 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.
Any plant, facilities, fixtures or equipment owned or leased
by the City 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.
Charges imposed on properties in the City to recover the
administrative costs, operations & maintenance costs, and capital
costs relating to a stormwater management program benefiting properties
in the City. 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 City.
The Stormwater Management Utility of the City of Watertown.
This article, its rules, regulations and rates shall apply to
all real property within the incorporated limits of the City of Watertown.
A.
Facilities. The City through the 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 City 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. Rates and charges for the City of Watertown Stormwater
Management Utility are as follows:
(1)
ERU definition. One volume equivalent runoff unit (ERU) shall be
equal to 2,900 square feet of impervious surface area. The number
of ERUs assigned to each parcel shall be rounded to the nearest 0.50
ERU.
|
Service Charge Rates
| |||
|---|---|---|---|
|
Customer Class
|
Monthly Administrative Charge per Customer
|
Monthly Volume Charge per ERU
|
Monthly Pollutant Charge per ERU
|
|
Single-family, condominium and duplex residential
|
$2.13
|
$5.61
|
$4.78
|
|
Public authority
|
$2.13
|
$5.61
|
$2.64
|
|
Multifamily residential
|
$2.13
|
$5.61
|
$3.63
|
|
Commercial
|
$2.13
|
$5.61
|
$5.14
|
|
Industrial
|
$2.13
|
$5.61
|
$4.24
|
|
Institutional
|
$2.13
|
$5.61
|
$2.64
|
C.
Budgeting. The City through the 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 Utility. All costs shall be allocated amongst users
of the stormwater management system as recommended by the Finance
Committee and determined by the Council.
D.
Authority. The City may utilize the full authority provided in § 66.0821,
Wis. Stats., with respect to financing methods, stormwater service
charges, and other matters therein dealt with, and shall have all
legal authority permitted for municipal utilities to impose reasonable
charges for services.
A.
Oversight by common council. The oversight of the Utility is hereby
vested in the Common Council. The Council shall direct and delegate
the management and operation of the Utility to City staff and shall
prescribe the functions thereof as may be necessary to operate and
manage the Utility.
C.
Finance committee. The Finance Committee of the Council, in consultation
with the Public Works Commission, shall make recommendations to the
Council concerning the Utility budget, service charge rates and expenditures.
D.
Public Works Director/City Engineer. The Public Works Director/City
Engineer shall be responsible for the day-to-day management of the
Stormwater Management Utility. These day-to-day responsibilities include,
but are not limited to, budget preparation, recommending utility rates,
coordinating compliance with all relevant permitting requirements,
approval of expenditures, directing daily activities of personnel
and making reports to the Public Works Commission, Finance Committee,
Mayor and Common Council.
E.
Stormwater management fund. The City shall establish a stormwater
management fund, which shall be used for collection of revenues and
payment 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.
F.
Utility receipts. All Utility receipts shall be collected and accounted
for by the City Clerk/Treasurer.
G.
Annual audit. The Council shall cause an annual audit of the books
of the Utility to be made and shall make the books and records relating
to the Utility available for inspection during regular business hours.
A.
General.
(1)
Charges established. There is hereby established a uniform system
of stormwater service charges that shall apply to each and every lot
or parcel with impervious surface area within the City. 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 relating
to the Utility: operations and maintenance costs; administrative costs;
contributions to a replacement fund; capital costs and debt service.
The Council 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 City.
(2)
Service charge categories.
(a)
Volumetric service charge. A volumetric service charge shall
be imposed on all property that has impervious surface area. This
charge shall be related to the costs of managing stormwater runoff
volume. The charge for each parcel shall be equal to the product of
the service charge rate in terms of dollars per ERU and the number
of volume ERUs assigned to the parcel. The number of volume ERUs assigned
to each lot or parcel shall be determined based on the amount of impervious
surface area.
(b)
Pollutant loading service charge. A pollutant loading service
charge shall be imposed on all property that has impervious surface
area. This charge shall be related to the costs of managing pollutants
in stormwater runoff. The charge for each parcel shall be equal to
the product of the service charge rate in terms of dollars per ERU
and the number of pollutant ERUs assigned to the parcel. The number
of pollutant ERUs assigned to each lot or parcel shall be determined
based on the amount of impervious surface area and the land use.
(c)
Special charge. 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 City.
(d)
Administrative charge. An administrative charge shall be imposed
upon each property that has impervious surface area. The administrative
charge shall recover a portion of costs related to stormwater flow
not directly attributable to users (i.e., stormwater runoff from streets
and roads) and customer costs (including accounting and billing).
The administrative charge shall be imposed on each user subject to
stormwater service charges and will consist of a flat fee per customer
account.
(3)
Billing and payment.
(a)
Billing. The City shall compute the amounts due the City for
stormwater service charges and shall render a statement thereof, at
periodic intervals, to the owner or occupant of any premises subject
to such charge.
(b)
Payment. Property owner is held responsible for all stormwater
service charges on real property owned. 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. All amounts due hereunder shall be payable at the office of
the City Clerk/Treasurer. Failure to receive a bill does not relieve
a party of his/her obligation, nor relieve him/her of payment of the
penalty if not paid before the due date. Claims or complaints must
be made within five days from due date of bill.
(c)
Late charges. If stormwater service charges are not paid in
full on the due date, a charge shall be made on the balance as set
forth in the fee schedule set by Common Council.
(d)
Failure to receive bills. Reasonable care will be taken in the
delivery of stormwater service charge bills. Failure of any person
to receive bills for stormwater service charges shall not be considered
an excuse for nonpayment nor shall such failure result in an extension
of the period of time during which the net bill should have been paid.
(e)
Lien on property. Unpaid stormwater service charges shall be
a lien upon the property served and shall be enforced as provided
in § 66.0809(3), Wis. Stats.
(4)
Rates set by resolution. All stormwater service charge rates shall
be established from time to time by written resolution of the Common
Council. The rates shall be reviewed by the Common Council on an annual
basis and adjusted as necessary.
B.
Determination of ERUs.
(1)
For purposes of imposing the service charges, all lots and parcels
in the City shall be classified into the following seven customer
classifications:
(2)
Volume ERUs shall be calculated for each classification as follows:
(a)
Single-family residential: one ERU per dwelling unit.
(b)
Condominium residential. The Public Works Director/City Engineer shall be responsible for determining the total impervious area of each condominium parcel based on the best available information, including but not limited to data supplied by the City 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 equally among the condominium units to determine the square feet of impervious area per unit. This amount shall be divided by the number of square feet per ERU as established by the Common Council and set forth in the Stormwater Service Charge Rate Table in § 453-6B(1) to determine the number of ERUs to assign to each unit, except that in no case shall a condominium unit be assigned less than 0.5 ERU. The number of ERUs per unit shall be rounded to the nearest 0.5 ERU.
(c)
Duplex and multifamily residential: 0.5 ERU per dwelling unit.
(d)
Industrial, commercial, public authority and institutional property. The Public Works Director/City Engineer 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 City 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 Common Council and set forth in a Stormwater Service Charge Rate Table in § 453-6B(1) to determine the number of ERUs to assign to the parcel. The number of ERUs per parcel shall be rounded to the nearest 0.5 ERU.
(e)
Undeveloped property. For any lot or parcel that has no impervious
surface area, no volume ERUs shall be assigned for purposes of imposing
service charges under this article.
(3)
Pollutant ERUs shall be calculated for each classification as follows:
(a)
Single-family and duplex residential: one ERU per dwelling unit.
(b)
Condominium residential. The number of volume ERUs shall be
multiplied by a factor of 1.0 to determine the number of pollutant
ERUs.
(c)
Multifamily residential. The number of volume ERUs shall be
multiplied by a factor of 1.0 to determine the number of pollutant
ERUs.
(d)
Industrial. The number of volume ERUs shall be multiplied by
a factor of 1.0 to determine the number of pollutant ERUs.
(e)
Commercial. The number of volume ERUs shall be multiplied by
a factor of 1.0 to determine the number of pollutant ERUs.
(f)
Institutional. The number of volume ERUs shall be multiplied
by a factor of 1.0 to determine the number of pollutant ERUs.
(g)
Undeveloped property. For any lot or parcel that has no impervious
surface area, no pollutant ERUs shall be assigned for purposes of
imposing service charges under this article.
(h)
Public Authority. The number of volume ERUs shall be multiplied
by a factor of 1.0 to determine the number of pollutant ERUs.
(4)
New construction. For all classifications other than single-family,
duplex and multifamily residential, the construction of new or expanded
buildings, driveways or other structures or improvements that add
impervious surface area to the lot or parcel shall be subject to an
increase in the number of ERUs assigned to a lot or parcel. The City
shall confirm the recalculation of the number of ERUs upon completion
of new construction.
C.
Appeals and credits.
(1)
Nonresidential credits for the provision of stormwater mitigation
facilities and/or activities. Owners of nonresidential properties
that have facilities for on-site detention and runoff control or pollutant
loading reduction, that undertake activities designed to reduce the
quantity of or pollutant loadings in stormwater runoff from the lot
or parcel, or that conduct a public education and information program
designed to increase public awareness regarding the water quality
impacts of stormwater runoff may be eligible for a reduction in the
volumetric and/or pollutant loading service charges for their lot
or parcel. In order to be eligible for a credit, the facilities or
practices must exceed the City stormwater discharge standards that
were in effect at the time that the lot or parcel was developed for
its current use. Such property owners may apply for a review of the
service charges for the lot or parcel. The amount of the credit or
adjustment will be determined based on the amount of reduction in
the peak rate or total annual volume of stormwater runoff or the percentage
reduction in pollutant loadings that the facilities or activities
are designed to achieve. No credits will be provided for the administrative
charges.
(a)
Application for credit. Any property owner desiring to apply
for a reduction in the stormwater service charge shall submit an application
to the Public Works Director/City Engineer on forms supplied by the
City. By submitting an application, the applicant is authorizing the
Public Works Director/City Engineer to enter the property to obtain
information required for the review of the credit request. The application
shall be accompanied by the following:
[1]
Plans and studies. The applicant shall provide, as applicable,
a written description of the proposed practices or public education
program, hydrologic and/or hydraulic studies, plans, computations,
etc., that demonstrate, to the satisfaction of the City, that the
practices, programs or facilities meet the requirements for the credit
requested.
[2]
Maintenance agreement. The applicant shall provide a plan for
maintenance of the facilities or practices.
[3]
Ongoing documentation. For as long as the credit is in effect,
the property owner or occupant shall supply to the City copies of
any documentation required to demonstrate that the proposed practices
or public education program is being carried out in accordance with
the plans submitted to the City or that the facilities are being properly
maintained in accordance with the maintenance agreement.
(b)
Determination of credit. Within 30 days of receipt of a complete
application and supporting documentation, the Public Works Director/City
Engineer shall review the application and supporting documentation
and shall make a recommendation to the Public Works Commission regarding
the credit request. The Public Works Commission shall review said
application along with the Public Works Director/City Engineer's
recommendation and shall determine whether a reduction in the stormwater
service charge is due the applicant. The applicant shall be provided
five business days' prior written notice of the time and place
of the Commission's consideration of the credit at the address
listed in the application. The Commission shall base its decision
on the record submitted to it at its meeting. The Public Works Director/City
Engineer shall notify the applicant in writing of the Commission's
determination by first class mail addressed to the applicant using
the address listed in the application. The credit shall be applied
to the next practicable billing for stormwater service charges and
all subsequent billings for as long as the facilities or practices
are operated or carried out in accordance with the plans submitted
with the application for the credit.
(c)
Amount of credit. Any credit to the stormwater service charge
shall be in the form of a reduction in the volume ERUs, a reduction
in the pollutant ERUs, or both. The percentage reduction in the number
of ERUs shall be equal to the percentage reduction in the peak rate
or total annual volume of stormwater runoff or pollutant loadings
beyond what is required by the City's stormwater discharge standards,
up to a maximum reduction of 75% in the number of volume and/or pollutant
ERUs assigned to the parcel.
[1]
Parcels developed under current stormwater discharge standards.
Parcels developed under the stormwater discharge standards in effect
at the time of a credit application shall not be eligible for a reduction
in stormwater service charges unless the facilities or practices exceed
the City's stormwater discharge standards.
[2]
Parcels developed prior to current stormwater discharge standards.
Parcels that were developed prior to the stormwater discharge standards
in effect at the time of a credit application may be eligible for
a reduction in stormwater service charges if the facilities or practices
exceed the City's stormwater discharge standards that were in
effect when the parcel was developed. The credit shall be a percentage
reduction in the number of volume and/or pollutant ERUs assigned to
the parcel equal to the percentage reduction in the peak rate or total
annual volume of stormwater runoff or pollutant loadings beyond what
was required by the City's stormwater discharge standards in
effect at the time the parcel was developed, up to a maximum reduction
of 75% in the number of volume and/or pollutant ERUs assigned to the
parcel.
(d)
Appeals. The stormwater service charge, a determination of ERUs
or ERU credits may be appealed by filing a written appeal with the
Public Works Director/City Engineer prior to the due date, if not
paid, or within 30 days of payment. The appeal shall specify all bases
for the challenge and the amount of the stormwater service charge
the appellant asserts is appropriate. Failure to timely file an appeal
waives all right to contest such charge.
[1]
The administrative review board shall review said written appeal
and shall determine whether the stormwater service charge, the ERU
determination or the ERU credit is fair and reasonable or whether
an adjustment or refund is due the appellant. The applicant shall
be provided five business days' prior written notice of the time
and place of the administrative review board's consideration
of the appeal to the owner at the address listed in the appeal. The
administrative review board shall base its decision on the record
submitted to it at its meeting. The Public Works Director/City Engineer
shall notify the appellant in writing of the administrative review
board's determination by first class mail addressed to the owner
using the address listed in the appeal.
[2]
If as a result of any appeal a refund is due the owner, such
refund shall be applied as a credit on the owner's next practicable
stormwater charge bill.
(2)
Rebates to residential properties for the provision of stormwater
mitigation facilities. Residential properties that provide a rain
barrel, construct a rain garden, install permeable pavement or other
stormwater mitigation practice to mitigate the volume of stormwater
and/or pollutant loadings discharged from the property shall be eligible
for a one-time rebate of $40. Property owners may apply for the rebate
by completing an application supplied by the Public Works Director/City
Engineer and supplying a receipt or other appropriate documentation
of the purchase or installation of the rain barrel or rain garden.
The City reserves the right to amend this article in part or
in whole whenever it may deem necessary, but only after due notice
and hearing, as provided by law.
