[HISTORY: Adopted by the Town Board of the Town of Vernon 9-6-2007
by Ord. No. 2007-09. Amendments noted where applicable.]
It is found, determined and declared as follows:
A.
The management of stormwater quality and other surface
water discharges within the Town is a matter that affects the health, safety
and welfare of the Town, its citizens and businesses.
B.
Failure to effectively manage stormwater quality may
create, among other things, erosion of lands, damage to homes and businesses,
create sedimentation and environmental damages to waterways within the Town.
C.
A system for the collection, conveyance, storage, treatment
and disposal of stormwater provides services to all properties within the
Town of Vernon and surrounding areas.
D.
Failure to effectively manage stormwater contributes
to the further degradation of the water quality in area water bodies.
E.
In order to protect the health, safety and welfare of
the public, the Town Board establishes a Stormwater Utility and authorizes
the establishment of a fee in connection therewith.
F.
The Town is acting under the authority contained in Chapters
60 and 66 of the Wisconsin Statutes and, in particular, §§ 66.0621,
66.0809, 66.0821, 66.0627 and 66.0827.
G.
Those elements of the Stormwater Utility which provide
for the management of stormwater and the improvement of stormwater quality
are of benefit to all real property within the Town, including property not
presently served by said Stormwater Utility.
H.
The costs of operating and maintaining the Stormwater
Utility and financing land acquisition, necessary repairs, replacement, improvements
and extension thereof should, to the maximum extent practicable, be allocated
in direct relationship to the contributions to the demand for stormwater management
services.
I.
The fees established herein bear a reasonable relationship
to the service provided by the Town's Stormwater Utility.
J.
The area of impervious surfaces on each property is the
most important factor influencing the cost of the stormwater management services,
systems and facilities provided by the Town of Vernon or to be provided by
the Town of Vernon in the future, and the area of impervious surfaces on each
property is therefore the most appropriate parameter for calculating a periodic
Stormwater Utility fee.
K.
The existence of privately owned and maintained on-site
or off-site systems, facilities, activities or assets which significantly
reduce or otherwise mitigate the impact of a particular property on the Town
of Vernon's Stormwater Utility's cost of providing stormwater management services
and/or stormwater management systems and facilities should be taken into account
to reduce the Stormwater Utility fee on that property either in the form of
a direct reduction or credit, and such reduction or credit should be conditional
upon continuing provision of such services, systems, facilities, activities
or assets in a manner complying with the standards and codes as determined
by the Town Board and as set forth herein.
It is determined and declared to be necessary and conducive to the protection
of the public health, safety, welfare and convenience of the Town to collect
charges from all users of the Town stormwater collection system. The proceeds
of such charges will be used to fund the management of its stormwater system
of the Town to include reinvestment in the maintenance and improvement of
existing infrastructures, and other improvements to the system that will reduce
urban non-point source pollution in stormwater run-off consistent with federal
and state regulations.
The Town Board of the Town of Vernon pursuant to the provisions of § 66.0827
of the Wisconsin Statutes does hereby declare that the stormwater management
program of the Town of Vernon consisting of all facilities and services designed
for the proper collection, conveyance, storage, treatment and disposal of
stormwater shall be designated the "Stormwater Utility."
A.
The operation, management and control of the Stormwater
Utility is vested in the Town Board of the Town of Vernon. All records of
the Stormwater Utility shall be kept by the Town Clerk in the Town Hall or
other officially designated place.
B.
The rules, regulations and rates hereinafter set forth
shall be considered part of the regulations applicable to every property in
the Town. Said rules, regulations and rates may be changed from time to time
as determined by the Town Board, and the right is reserved to make special
rates and contracts in all proper cases.
C.
The Town Board shall place within the Vernon Stormwater
Utility the responsibility for operation, maintenance and regulation of the
existing stormwater management services, systems and facilities previously
performed, owned and operated or maintained by the Town of Vernon, and other
related assets, including, but not limited to, properties, other than road
rights-of-way, upon which such stormwater management systems and facilities
are located, easements, rights-of entry and access and certain equipment used
solely for stormwater management. This responsibility shall be placed with
the Vernon Stormwater Utility as the Town Board has determined that the Vernon
Stormwater Utility has been sufficiently organized, staffed and funded adequately
to carry out such responsibilities.
D.
The cost of any convenience or public improvement provided by the Stormwater Utility and not paid for by special assessment shall be paid from the Stormwater Utility fund under Subsection E.
E.
The fund of the Stormwater Utility District shall be
provided by taxation of the property in the district, upon an annual estimate
by the Town Chair, filed by October 1, which is to include all operation,
education, capital improvements and maintenance costs, debt service and other
costs related to the operation of the Stormwater Utility, divided into two
categories: (1) Operation and Education; (2) Capital Improvements. Separate
account shall be kept of each fund.
F.
The costs shall be spread over the customer classifications
as determined by the Town Board.
The Town Board shall cause an annual audit of the books of the Stormwater
Utility to be made and shall make the books and records relating to the Stormwater
Utility available for inspection during regular business hours.
Unless the chapter specifically indicates otherwise, the meaning of
terms used in this chapter shall be as follows:
Real property which has been altered from its natural state by the
addition of any improvements, such as a building, structure or impervious
surface.
A single unit or apartment providing complete, independent living
facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
The statistical average amount of horizontal impervious area per
single-family property of the 75 selected "single-family properties" within
the Town on the date of adoption of this chapter. One ERU has been calculated
to be an average of 6,904 square feet. The horizontal impervious area includes,
but is not limited to, all areas covered by structures, roof extensions, patios,
porches, driveways, and sidewalks.
All costs of extension, addition, and capital improvements to the
system, the renewal and replacement of capital assets or purchase and installation
of new equipment for the system, or land acquisition for the system, or any
related costs thereto, or payment for extraordinary maintenance and repair,
including the costs of construction, or any other expenses which are not costs
of operation and maintenance.
A twelve-month period commencing on the first day of January of any
year.
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, semi-impervious surfaces such as compacted
clay, gravel, as well as streets, roofs, sidewalks, parking lots, and other
similar surfaces.
A single residential unit (mobile home) within a mobile home park.
A residential property with two or more dwelling units.
Any developed property not used, primarily, as a permanent residence,
such as an agricultural, commercial, industrial property or an institutional
property (schools, churches, hospitals, fraternal organizations, parks, municipal
facilities, etc.).
Estimated revenues and the estimated costs for operations and maintenance,
extension, and replacement of the system for each fiscal year.
The current expenses, paid or accrued, of operation, maintenance,
and current repair of the system, as calculated in accordance with sound accounting
practice, and includes, without limiting the generality of the foregoing,
insurance premiums, administrative expenses, labor, executive compensation,
the cost of materials and supplies used for current operations, and charges
for the accumulation of appropriate reserves for current expenses not annually
incurred, but which are such as may reasonably be in accordance with sound
accounting practice.
The user fee charged on each ERU. The rate is determined by the Town
Board for each fiscal year.
All rates, fees, assessments, rentals, fines or other charges or
other income received by the Town in connection with the management and operation
of the system, including amounts received from the investment or deposit of
moneys in any fund or account, as herein required, and any amounts contributed
by the Town, all as calculated in accordance with sound accounting practices.
A property with exactly one dwelling unit.
The existing stormwater collection system of the Town and all improvements
thereto which by this chapter are constituted as the property and responsibility
of the Town to be operated as an enterprise to, among other things, conserve
water, control discharges necessitated by rainfall events, incorporate methods
to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent
or reduce flooding, over-drainage, environmental degradation and water pollution
or otherwise affect the quality and quantity of discharge from such system.
The Town of Vernon.
The Town Board of the Town.
Any real property with no impervious area and no quantifiable impact
to the Town's stormwater system.
The charge established by the Town Board on developed property in
the Town to pay for operations and maintenance, and extension and replacement
for the stormwater system.
A.
The user fees hereunder shall generate adequate annual
revenues to pay costs for the construction need, operation and maintenance
of current and future stormwater facilities, the cost of capital improvements
to the Town stormwater system, street sweeping costs, water quality protection
costs, NR216 stormwater permit costs, administrative costs, and all other
costs and expenses related to stormwater management in the Town of Vernon.
B.
Fiscal year-end balances in the account shall be carried
over to the same account in the subsequent fiscal year and shall be used for
these accounts. Moneys which have been transferred from other sources to meet
temporary shortages in the Stormwater Utility shall be returned to their respective
accounts upon appropriated adjustment of the user fee rates. The user fee
rate shall be adjusted such that the transferred monies will be returned to
their respective accounts within the fiscal year following the fiscal year
in which the monies were borrowed.
A.
User fee. The Town Board shall require that adequate
revenues are generated through user fees to provide for a balanced operating
budget. The Town Board hereby authorizes the imposition of user fees on all
developed property in the Town.
B.
Rates. The Town Board will establish rates for each fiscal
year. All rates established by the Town Board will be fair and reasonable
and calculated to achieve a balanced operating budget for the system. Current
rates will be on file in the office of the Town Clerk and Town Treasurer.
C.
Rate schedule. For purposes of the imposition of the
user fee, the developed property in the Town shall be divided into four classes,
which shall be called "customer classes." The rate within each customer class
shall be uniform. The rate schedule is as follows:
|
Customer Class
|
Stormwater Charge
| |
|---|---|---|
|
Single-family
|
1 ERU
| |
|
Multifamily
|
1 ERU for Each 6,904 Square Feet of Impervious Area
Number
of Dwelling Units
| |
|
Nonresidential
|
1 ERU for each 6,904 square feet of impervious area
| |
|
Undeveloped lands
|
No charge
|
D.
Minimum charge. The minimum ERU calculations for any
customer other than undeveloped properties shall be not less than the rate
of 1/2 of one ERU.
E.
New construction. For all classifications other than
single-family residential, the construction of new or expanded buildings,
driveways or other structures shall be subject to an increase in the number
of ERUs assigned to a lot or parcel. The Town shall recalculate the number
of ERUs upon completion of new construction.
Bills for the user fee shall be rendered as part of the property tax
bill for the property and become due and payable on the same date as the property
tax bill. A penalty of 1% per month shall be added to bills not paid by the
due date.
All user fees established hereunder shall be a lien upon the property
served pursuant to §§ 66.0821(4)(d) and 66.0809(3) of the Wisconsin
Statutes and shall be collected in the manner therein provided.
The Town Board shall set the ERU rate by separate resolution.
The Town Board shall adopt a system of stormwater utility credits and
shall operate as follows. In general, no credit shall be given for the installation
of stormwater management facilities required by the Town, Waukesha County,
or state stormwater regulations.
A.
Nonresidential properties which are not required to comply with § 200-11C, F and I of the Town's Code of Ordinances which take mitigating steps to improve the quality of stormwater discharge by implementing best management practices that reduce the average annual loading of total suspended solids from existing development by 40% or more and are designed and/or implemented in accordance with current Wisconsin Department of Natural Resources guidelines and have maintenance agreements in place with the Town of Vernon for the best management practice as applicable, may be eligible for a reduction of the annual user fee for that portion of the impervious area treated by best management practices. The reduction shall be determined on a case-by-case basis up to a maximum reduction of 50%.
B.
Nonresidential properties or portions of properties with
impervious surface areas that are internally drained may be eligible for a
reduction of the annual user fee. The reduction shall be determined on a case-by-case
basis up to a maximum reduction of 50%.
D.
No credits 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 chapter.
A.
Requests for adjustment. Requests for adjustment of the
user fee, including requests for Stormwater Utility credits, shall be submitted
to the Town Chairman or designee, who is hereby given the authority to develop
and administer the procedures and standards for the adjustment of fees as
established herein. All requests shall be judged on the basis of the amount
of impervious area on the site. Requests for adjustment shall be limited to
nonresidential properties owners. However, the Town retains the right to grant
stormwater user fee credits to individual properties within the Town that
exhibit benefits to the stormwater management system. The following procedure
shall apply to all adjustment requests of the user fee.
(1)
Any nonresidential customer who has paid a user fee and
believes the user fee to be incorrect may, within 30 days of the payment and
subject to the limitations set forth in this section, submit an adjustment
request of the Town Chairman or designee.
(2)
Adjustment requests shall be in writing and set forth
in detail the grounds upon which relief is sought.
(3)
The customer requesting the adjustments may be required,
at his own expense, to provide supplemental information to the Town Chairman
or designee, including, but not limited to, survey data approved by a registered
land surveyor (R.L.S.) and engineering reports approved by a professional
engineer (P.E.). Failure to provide such information may result in the denial
of the adjustments request.
(4)
The Town Chairman or designee shall issue a written determination
as to whether the request for adjustment shall be granted. For adjustments
that are granted, a credit shall be applied to the customer's account. Denials
of adjustment requests shall be made, in writing, by the Town Chairman or
designee.
B.
Appeal procedure.
(1)
Upon receipt of the written denial of an adjustment request,
the customer who initially requested the adjustment may, within 30 days of
receipt of such denial, appeal to the Town Board.
(2)
The Town Board shall complete its review within 45 days
of the receipt of said request for review. The Town Board determination shall
be in writing and set forth in detail the reason or reasons for its decision.
