The Common Council finds that the management
of stormwater and other surface water discharges within and beyond
the City of St. Francis is a matter that affects the health, safety
and welfare of the City, its citizens and businesses, and others in
the surrounding area. Failure to effectively manage stormwater affects
the sanitary sewer utility operations of the City by, among other
things, increasing the infiltration and inflow to the sanitary sewer.
In addition, surface water runoff creates erosion of lands, damages
businesses and residences, and creates sedimentation and other environmental
damage in the City of St. Francis. In order to protect the health,
safety and welfare of the public, the City of St. Francis is exercising
its authority to establish a stormwater utility for stormwater management
services. The City is acting under the authority of Chs. 62 and 66,
Wis. Stats., including but not limited to the following statutes: §§ 62.04,
62.11, 62.16, 62.175, 62.18, 66.0621, 66.0627, 66.0809, 66.0811 and
66.0821.
There is hereby established a City of St. Francis
Stormwater Utility to be operated as part of the Engineering Department.
The operation of the Stormwater Utility shall be under the supervision
of the Common Council. The Director of the Stormwater Utility will
be the City Engineer.
The Stormwater 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 Utility 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 as will support a stormwater management
system.
For the purpose of this article, the following
definitions shall apply. Words used in the singular shall include
the plural; words used in the present tense shall include the future
tense; the word "shall" is mandatory and not discretionary; and 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.
Any or all of the rate classifications including base charge
(BC), equivalent charge (EC) or special charge (SC) as established
by the Common Council.
A property shall be considered developed pursuant to this
article:
The City Engineer or his designee.
Any residential space identified for habitation by the City
Building Code.[1] A dwelling unit includes, but is not limited to, single-family
residences and two-, three- or four-family apartments, condominiums,
or townhouse living units.
The statistical average horizontal impervious area of single-family
homes within the City of St. Francis on the date of adoption of this
article. The horizontal impervious area includes, but is not limited
to, all areas covered by structures, roof extensions, patios, porches,
driveways and sidewalks.
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, semi-impervious
surfaces such as compacted gravel or clay, as well as streets, roofs,
sidewalks, parking lots and other similar surfaces.
Any residential space identified for habitation attached
to two, three or four dwelling units or as classified by the City
Building Code.
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 of five or
more units, commercial, industrial, institutional, or governmental
property, and parking lots.
Any lot or parcel developed exclusively for residential purposes,
including but not limited to single-family homes and manufactured
homes, condominiums, and multifamily apartment buildings with four
or fewer units.
A residential space identified for habitation with exactly
one dwelling unit.
That which has not been altered from its natural state by
the addition of any improvements, such as a building, structure, or
impervious surface. Land which is currently in agriculture or part
of an agricultural operation shall be classified as undeveloped property.
A.
By this article, the Common Council is establishing
the rate classifications upon each lot and parcel within the City
of St. Francis for services and facilities provided for stormwater
management. The actual charges to be imposed pursuant to these rate
classifications, and any future changes in those rates, shall be made
by resolution or ordinance. All rates established pursuant to this
article will be fair and reasonable. The current rates, following
approval by the Common Council, will be on file with the City Engineer.
B.
There shall be at least three rate classifications
that may be used to share the costs of the Stormwater Utility. These
rate classifications are:
(1)
Base charge (BC). The BC may be imposed on all property
in the City. The BC will be designed to reflect the fact that all
property benefits from the stormwater management activities of the
City and that all property contributes in some way to the stormwater
discharge or pollution of stormwater that must be managed by the City.
The BC may be designed to collect the administrative costs and operation
and maintenance costs of the Stormwater Utility operations. The BC
may be based on the size of a parcel of property, impervious area,
or other method.
(2)
Equivalent charge (EC). The EC may be imposed on all
property that has any developed impervious area. The EC will be designed
on the basis of a typical single-family property (an ERU). Other units
of property will be charged multiples of the EC based on the impervious
area.
(3)
Special charge (SC). An SC 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. The SC will be calculated on an EC
basis.
C.
The Common Council may make such other rates and customer
classifications to provide reasonable and fair distribution of the
costs of the Stormwater Utility. In so doing, the Common Council may
allow adjustments to certain charges set forth above for facilities
installed and maintained by the property owner.
D.
The charges established hereunder will be billed to the Stormwater Utility customer at the same time as the sanitary sewer or water bill. The property owner shall be responsible for payment of the Stormwater Utility charge. A bill shall be sent to any property not taking service from the sanitary sewer or water utility. Failure to pay the charges when due will be subject the same penalties as established and documented by the City of St. Francis Code § 374-3E(1) in the rate file, including late payment charges and charges for checks returned for insufficient funds. Unpaid charges may be assessed as a lien against the property pursuant to § 66.0821, Wis. Stats.
B.
The Director shall prepare a list assigning the customer
classification designation for each lot and parcel within the City
of St. Francis.
C.
The average square footage of impervious area of the
ERU is established to be equivalent to 2,500 square feet.
D.
The charges imposed for single-family residential
properties shall be the fee for one ERU times the appropriate charge.
E.
The charges imposed for two- to four-family residential
properties shall be the fee for one ERU times the appropriate charge
times a dwelling unit multiplier (0.7 for two-family, 0.6 for three-family
and 0.5 for four-family) per each individual dwelling unit existing
on the property, i.e.:
|
Two-family charge = appropriate charge
x 2 dwelling units x 0.7 ERU per dwelling unit
| |
|
Three-family charge = appropriate
charge x 3 dwelling units x 0.6 ERU per dwelling unit
| |
|
Four-family charge = appropriate charge
x 4 dwelling units x 0.5 ERU per dwelling unit
|
F.
The charges imposed for condominium residential properties
as defined herein shall be determined as follows:
(1)
For condominium residential properties with a single
water meter, the fee for one ERU multiplied by the numerical factor
obtained by dividing the total square footage of imperious area of
the property by the square footage of one ERU. The factor shall be
rounded down to the nearest 0.1, i.e.:
|
Condominium residential charge = Appropriate
charge x total impervious area ÷ 2,500 square feet
|
(2)
For condominium residential properties with multiple
water meters, the fee for one ERU multiplied by the numerical factor
obtained by dividing the total square footage of impervious area of
the property by the square footage of one ERU and divided by the number
of dwelling units in the complex. The factor shall be rounded down
to the nearest 0.1, i.e.:
|
Condominium residential charge = Appropriate
charge x total impervious area ÷ 2,500 square feet ÷
the number of condominium dwelling units in the complex
|
G.
The charges imposed for nonresidential properties
as defined herein shall be the fee for one ERU multiplied by 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 charge = EC fee x total impervious
area ÷ 2,500 square feet
|
H.
The charges imposed for undeveloped properties as
defined herein shall be zero until changed by resolution by the Common
Council.
I.
The Director shall be responsible for determining
the impervious area based on the best available information, including
but not limited to data supplied by the City Assessor, aerial photography,
the property owner, tenant or developer. The Director may require
additional information as necessary to make the determination. The
number of equivalent runoff units shall be updated by the Director
based on any additions to the impervious area as approved through
the building permit process.
J.
The minimum charges for any customer charged a fee
shall be equal to the rate of 0.3 of one ERU.
The Common Council may, by resolution or ordinance,
set or adjust the base charge, equivalent charge and the special charge
to reflect the cost of the stormwater management program. Stormwater
fees will be kept on file with the City Clerk and the Director.
A.
The Common Council shall adopt, by separate resolution,
criteria recommended by the Director for providing adjustments.
B.
Adjustments may be considered for customers who own and properly maintain stormwater management facilities, such as a retention or detention basin, except as provided in Subsection I. In considering such a request, the Director shall consider whether and to what extent the City's cost of providing service or making service available to a property has been lessened by the retention or detention basin. If the City's cost of providing service or making service available to a property has not been lessened by the retention or detention basin, the request for the lowered adjustment multiplier shall be denied. If the City's cost of providing service or making service available to a property has been lessened by the retention or detention basin, the customer may be eligible for an adjustment.
C.
If all of the stormwater from a property discharges
directly into Lake Michigan without crossing the property of another
and the discharge does not result in exceeding federal, state or local
water quality standards, the customer may be eligible for an adjustment.
D.
If all of the stormwater from a property discharges
directly into Lake Michigan without crossing the property of another
and the nonresidential customer is a holder of or has filed a proper
and complete application for a municipal stormwater discharge permit
as provided in § 283.33, Wis. Stats., and as further defined
in §§ NR 216.01 through 216.11, Wis. Adm. Code, the
customer may be eligible for an adjustment.
E.
If all of the stormwater from a property discharges
directly into a stormwater collection system constructed and maintained
by the Milwaukee Metropolitan Sewerage District (MMSD) without crossing
the property of another, the customer may be eligible for an adjustment.
F.
If all of the stormwater from a property discharges directly into a storm sewer constructed and maintained by the City on the nonresidential customer's property pursuant to an easement, and if after the stormwater travels through the easement area it is discharged as provided in Subsection C or D, the customer may be eligible for an adjustment.
G.
In considering a request for an adjustment, the Director
may, in his or her discretion, separately examine multiple drainage
areas on one piece of property and may recommend allowing an adjustment
for a portion of the property if the characteristics of one or more
drainage areas meets the criteria set forth in this section.
H.
The Director, at his or her discretion, may recommend
allowing an adjustment which may be as low as zero for a property
for reasons other than as specifically set forth in this section,
provided that the adjustment is reasonable and not unjustly discriminatory.
I.
No adjustments shall be considered for structural or nonstructural best management practices that are required in order to comply with any local, state, or federal regulation, such as Article I of this chapter, MMSD Chapter 13, Chs. NR 103 and 216, Wis. Adm. Code, and Ch. 30, Wis. Stats.
J.
No adjustments shall be considered for any natural
features, such as, but not limited to, wetlands, lakes and floodplains,
or water impoundment of any kind in existence prior to passage of
this article.
K.
Director's review procedure for adjustments.
(1)
The Director shall issue a written determination as
to whether a written request for adjustment will be granted, denied,
or granted in part and denied in part within 30 days of receipt of
all materials and reports required by the Director on the request
for an adjustments. The determination shall be sent to the customer
requesting adjustment.
(2)
A customer may appeal a determination within 30 days
of receipt of the Director's determination by submitting a written
request to the Board of Public Works asking to review the determination.
(3)
If no timely written request for appeal is received pursuant to Subsection K(2), the determination of the Director shall be final.
(4)
The Board of Public Works review of the appeal to
the determination shall be completed within 45 days of the receipt
of the written request for appeal. The Board of Public Works shall
review the appeal and determine whether the Director's determination
should be approved, modified, or rejected. The determination of the
Board of Public Works shall be in writing and set forth in detail
the reason or reasons for its decision and shall inform the customer.
(5)
The customer has 30 days from the decision of the
Board of Public Works to file a written appeal to the Common Council.
(6)
The Common Council shall determine if an adjustment
is due the customer. The determination of the Common Council shall
be in writing and set forth in detail the reason or reasons for its
decision and shall inform the customer.
L.
Application of adjustment. Any adjustment or adjustment
multiplier 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 granting of the request for adjustment. There shall
be no retroactive adjustment for user charges imposed prior to the
granting of the request.
M.
Recertification. Recipients of adjustment shall, every
five years, file a recertification of the conditions under which the
adjustment was granted. Failure to do so may result in revocation
of the adjustment.
A.
As a condition precedent to challenging any Stormwater
Utility charge, the charge must be paid to the City.
B.
Within 30 days of payment, a written challenge to
the stormwater charge must be filed with the City Clerk on behalf
of the customer, specifying all bases for the challenge and the amount
of the stormwater charge the customer asserts is appropriate. Failure
to file a challenge within 30 days of payment waives all right to
later challenge the charge.
C.
The Director will determine whether the stormwater
charge is fair and reasonable or whether a refund is due the customer
within 30 days of receipt of all materials and reports required by
the Director on the request for a refund. The Determination shall
be sent to the customer requesting a refund.
D.
The customer has 30 days from the decision of the
Director to file a written appeal to the Board of Public Works.
E.
The Board of Public Works will determine whether the
stormwater charge is fair and reasonable or whether a refund is due
the customer within 45 days. The Board of Public Works may act with
or without a hearing and will inform the customer in writing of its
decision.
F.
The customer has 30 days from the decision of the
Director to file a written appeal to the Board of Public Works.
G.
If the Council determines that a refund is due the
customer, the refund will be applied as a credit on the customer's
next stormwater bill.
H.
There shall be no retroactive refunds for Stormwater
Utility charges. The refund shall be for the current year only.
In addition to any other method for collection
of the charges established pursuant to this article for Stormwater
Utility costs, the Common Council finds that these charges may be
levied on property by special assessment pursuant to § 66.0627,
Wis. Stats. The charges established by the special assessment must
reasonably reflect the benefits conferred on property. 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 assessed pursuant to the authority of § 66.0627, Wis.
Stats. In addition, the City may provide notice each October of any
unpaid charges to the Stormwater Utility, which charges, if not paid
by November 15, may be placed upon the tax roll under § 66.0627,
Wis. Stats.
The City shall separately account for the Stormwater
Utility finances. The Stormwater Utility shall prepare an annual budget,
which is to include all operation and maintenance costs, costs of
borrowing and other costs related to the operation of the Stormwater
Utility. The budget is subject to approval by the Common Council.
The costs shall be spread over the rate classifications and as determined
by the Council. Any excess of revenues over expenditures in a year
will be deposited into a stormwater maintenance fund, which will be
used to defer the costs of capital improvements or to retire debt.
This article shall be interpreted liberally
to secure the ends sought hereby.
Any person who shall violate any provision of this article or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 1-4 of this Code.
