In this chapter, the following terms have the
meanings set forth below:
AGRICULTURAL
Lands related to or used for the production of food and fiber,
including, but not limited to, general farming, livestock and poultry
enterprises, grazing, nurseries, horticulture, viticulture, truck
farming, forestry, sod production, cranberry productions and wild
crop harvesting and includes lands used for on-site buildings and
other structures necessary to carry out such activities.
CLEAN WATER UTILITY SYSTEM
Any natural or man-made stormwater conveyance facility operated
or maintained by the Village, including, but not limited to, retention/detention
ponds, ditches, storm sewers, roads and navigable and non-navigable
waterways.
CN VALUE
Runoff curve number calculated per USDA's Natural Resources
Conservation Service and TR55 Methodology.
DUPLEX UNIT
A residential structure containing two dwelling units.
DWELLING UNIT
A building or portion thereof used exclusively for residential
purposes, including one-family, two-family and multiple-family dwellings,
but not including hotels and boarding and lodging houses. Each dwelling
unit shall have lockable entrances and exits that allow for uninhibited
movement throughout the entire dwelling unit, one complete kitchen
facility, and, at a minimum, a bathroom and a living/sleeping area.
EQUIVALENT RUNOFF UNIT or ERU
The unit by which a stormwater charge is calculated in this
chapter. It is based on the amount of runoff produced by a two-inch
rain event from an average residential parcel of 15,100 square feet
with an average impervious area of 18.21%.
FARMSTEAD HOME SITE
That portion of any agricultural property which contains
one or more dwelling units, regardless of whether the dwelling units
are on a separate lot or parcel.
HYDROLOGIC SOIL GROUP (HSG)
Used in the runoff calculation methodology promulgated by
the United States Natural Resources Conservation Service Engineering
Field Manual for Conservation Practices.
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
or melting snow. It includes, but is not limited to, principal and
accessory structures, as well as streets, sidewalks, parking lots,
driveways and other similar surfaces. For purposes of this chapter,
all road, driveway or parking surfaces, including gravel surfaces,
shall be considered impervious, unless specifically designed to encourage
infiltration and approved by the Village Engineer.
LOT
Any legally created and described parcel of land.
MULTIFAMILY UNIT
A residential structure consisting of three or more dwelling
units.
NONRESIDENTIAL PROPERTY
Any lot except residential property as defined herein, including,
but not limited to, transient rentals (such as hotels and motels),
mobile home parks, commercial, industrial, institutional, governmental
property and parking lots.
PERVIOUS SURFACE
Any land cover that permits rain or melting snow to soak
into the ground.
POST-DEVELOPMENT
The extent and distribution of land cover types anticipated
to occur under conditions of full development of the submitted plan.
This term is used to match pre- and post-development stormwater peak
flows. A property is considered post-development after construction
is completed and final stabilization has occurred.
PREDEVELOPMENT
The extent and distribution of land cover types present before
the initiation of land development activity, assuming that all land
uses prior to land disturbing activity are in "good" condition as
described in the Natural Resources Conservation Service Technical
Release 55, " Urban Hydrology for Small Watersheds" (commonly known
as "TR-55").
RESIDENTIAL PROPERTY
Any lot or farmstead home site developed exclusively for
residential purposes, including single-family units, duplex units,
multifamily units, but not including transient rentals (such as hotels
and motels) and mobile home parks.
VILLAGE ENGINEER
The municipal employee or contracted entity designated by
the Village Board as the local approval authority responsible for
administering this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Any person aggrieved by a decision of the Village Engineer under §
148-10 may appeal to the Village Board within 30 days from the date of a decision.
B. Appeal procedure.
(1) A notice of appeal setting forth the specific grounds
for the appeal shall be filed with the Village Engineer and the Village
Clerk. The Village Clerk shall forthwith transmit to the Village Board
the record upon which the action appealed from was taken.
(2) The Village Clerk shall fix a reasonable time for
the hearing of the appeal and publish a Class 2 notice thereof under
Ch. 985, Wis. Stats., as well as give due notice to the parties in
interest. Upon the hearing, any party may appear in person or by agent
or attorney. The Village Board shall:
(a)
Issue notices of hearings requesting the attendance
and testimony of witnesses and the production of evidence relevant
to any matter involved in the hearings;
(c)
Decide the appeal within a reasonable time.
(3) Hearing process.
(a)
In general. The Village Board shall preside
over a hearing under this section and shall take evidence on the reasons
why the charge, ERU credit or other ERU determination should not be
upheld.
(b)
Burden of proof. The customer shall have the
burden to prove why the order should not be upheld.
(c)
Record. At any hearing held pursuant to this
section, testimony taken must be under oath and recorded. Records
from the proceeding will be made available to any member of the public
or any party to the hearing upon payment of the usual charges therefor.
A stenographic record will not be taken unless requested and paid
for by the customer.
(4) The Village Board may, in conformity with the provisions
of this chapter, reverse or affirm, wholly or partly, or modify the
order, requirement, decision or determination appealed from and may
make such order, requirement, decision or determination as ought to
be made, and shall have all the powers of the officer from whom the
appeal is taken.
(5) The vote of a majority of the Village Board shall
be necessary to reverse the decision of the Village Engineer.
(6) A fee as set forth by resolution will be charged for
all appeals.
[Amended 8-17-2020 by Ord. No. 20-31]
A. In addition to any other method for collection of
the charges established pursuant to this chapter for Clean Water Utility
costs, the Village Board finds that these charges may be levied on
property as a special charge pursuant to § 66.0627, Wis.
Stats. 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 a lien on the property enforced pursuant to § 66.0627(4),
Wis. Stats.
B. In addition to any other method of charging for Clean Water Utility costs, the Village Board may by resolution collect special assessments on property in a limited and determinable area for special benefits conferred upon property pursuant to § 66.0703, Wis. Stats., and §
11-3 of this Code.
If any provision of this chapter is found to
be illegal, the remaining provisions shall remain in effect.