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 Village, 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 Village's stormwater management system, which provides for the regulation, collection and disposal of storm and surface water discharge, is of benefit and provides services to all real property within the incorporated Village limits.
D. 
The costs of operating and maintaining the Village'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 property classes in proportion to the contribution to the system from each property class.
E. 
The final report entitled "Stormwater Service Charge Study, Village of Elm Grove, Waukesha County, Wisconsin August/2004" prepared by Ruekert & Mielke, Inc., is hereby declared to constitute the study and description of the analytical determinations that demonstrate a rationale basis for the enactment of this ordinance.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE COSTS
The costs of general management and administration of the Stormwater Management Utility, development plan and erosion control plan review, and compliance with the requirements of Wisconsin Administrative Code Chapter NR 216, including, but are not limited to, the following:
A. 
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 worker's compensation coverage.
B. 
Utility billing and accounting expenses.
C. 
Office supplies.
D. 
Permit fees.
E. 
Consultant and legal fees.
BOARD
The Village Board of the Village of Elm Grove.
CAPITAL COST
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.
DEBT RETIREMENT
All annual principal and interest requirements and obligations of the Village that relate to stormwater management system improvements.
EQUIVALENT RUNOFF UNIT (ERU)
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 Village Board from time to time by resolution and set forth in a Stormwater Utility Rate Table.
IMPERVIOUS AREA OR IMPERVIOUS SURFACE
A horizontal surface which 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.
OPERATION AND MAINTENANCE COSTS (O&M)
All direct and indirect costs, excluding debt service and other capital costs, necessary to ensure adequate drainage and control of storm 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:
A. 
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 worker's compensation coverage.
B. 
Fuel and other operating supplies.
C. 
Repairs to and maintenance of the equipment associated therewith.
D. 
Premiums for hazard insurance.
E. 
Premiums for insurance providing coverage against liability for the injury to persons and/or property.
F. 
Rents and leasing costs.
G. 
Operation, licensing and maintenance costs for trucks and heavy equipment.
H. 
Consultant and legal fees.
I. 
Replacement costs.
REPLACEMENT FUND
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.
STORM SEWER
A sewer that carries storm and surface drainage but excludes domestic wastewater and industrial wastes.
STORMWATER MANAGEMENT PROGRAM
Any activities undertaken by the Village of Elm Grove for the collection, transportation, storage, treatment and disposal of storm and surface water and for the reduction or elimination of pollutants in storm 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.
STORMWATER MANAGEMENT SYSTEM
Any plant, facilities, fixtures or equipment owned or leased by the Village 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.
STORMWATER SERVICE CHARGES
Charges imposed on properties in the Village to recover the administrative, operating, maintenance and capital costs relating to stormwater management facilities benefiting properties in the Village. 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 Village.
UTILITY
The Stormwater Management Utility of the Village of Elm Grove.
VILLAGE
The Village of Elm Grove.
The application of this chapter, its rules, regulations and rates, shall apply to all real property within the incorporated limits of the Village.
A. 
Facilities. The Village, through the Stormwater Management 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 Village to be proper and reasonably necessary for a system of storm 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. The Village, through the Stormwater Management Utility, may establish such rates and charges as are necessary to finance planning, design, construction, maintenance and operation of the facilities, regulatory compliance and administration of the Utility in accordance with the procedures set forth in this ordinance.
C. 
Budgeting. The Village, through the Stormwater Management 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 Stormwater Management Utility. All costs shall be allocated amongst users of the stormwater management system as recommended by the Finance Committee and determined by the Board.
D. 
The Village may utilize the full authority provided in § 66.0821, Wis. Stats, with respect to financing methods, user charges and other matters therein dealt with and shall have all legal authority permitted for municipal utilities to impose reasonable charges for services.
A. 
The oversight of the Stormwater Management Utility is hereby vested in the Village Board. The Board shall direct and delegate the management and operation of the Stormwater Management Utility to Village staff and shall prescribe the functions thereof as may be necessary to operate and manage the Stormwater Management Utility.
B. 
The Public Works/Utility Committee, appointed in accordance with Village of Elm Grove Code § 80-3A(5), shall make recommendations to the Village Board concerning the operation of the Utility.
C. 
The Finance Committee of the Village Board, in consultation with the Public Works/Utility Committee, shall make recommendations to the Village Board concerning the Utility budget, service charge rates and expenditures.
D. 
The Village Board 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.
E. 
All Utility receipts shall be collected and accounted for by the Village Treasurer.
F. 
The Village Board shall cause an annual audit of the books of the Stormwater Management Utility to be made and shall make the books and records relating to the Utility available for inspection during regular business hours.