Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fox Point as Ch. 9 of the 1961 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building Board — See Ch. 19, Art. II.
Stormwater management, erosion control and bluff regulation — See Ch. 285.
Trees, shrubs and other plant material — See Ch. 310.
Floodplain zoning — See Ch. 724.
Subdivision of land — See Ch. 738.
Zoning — See Ch. 745.
Building construction — See Ch. 756.

§ 288-1 Purpose.

A. 
Stormwater runoff may cause erosion of lands and threaten businesses and residences and other facilities with water damage. Stormwater and other surface water discharge may create environmental damage to the rivers, streams and other bodies of water within and adjacent to the Village. The management of stormwater and other surface water discharges within and beyond the Village is a matter that affects the health, safety and welfare of the Village, its residents and businesses.
B. 
In 1994, the Wisconsin Department of Natural Resources ("WDNR") promulgated Ch. NR 216, Stormwater Discharge Permits, Wis. Adm. Code, which was revised March 2003, and Ch. NR 151, Runoff Management, Wis. Adm. Code, that established performance standards for the Village's stormwater program. These administrative rules were developed pursuant to the federal Clean Water Act, as amended by the Water Quality Act of 1987 (33 U.S.C. § 1251 et seq.).
C. 
In order to effectively manage stormwater and other surface water discharges, the Village operates and maintains a stormwater management system to manage the quantity and quality of stormwater and other surface water discharges for all properties in the Village. In order to ensure the future usefulness and value of the existing stormwater management system owned and operated by the Village, the Village must have an adequate and stable funding source to effectively manage, protect, control, regulate, use and enhance the stormwater management systems and facilities in the Village. A stormwater utility provides the most practical and appropriate means of properly delivering stormwater management services, systems and facilities to all properties throughout the Village. The stormwater utility would render both services and benefits to individual properties, property owners, citizens and residents of the Village.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
A schedule of stormwater utility service charges based on the area of impervious surface located on each property is the most appropriate and equitable means of allocating the cost of stormwater management services, systems and facilities throughout the Village. Such stormwater service charges may be complemented by other types of charges which address specific needs, including, but not limited to, special service fees, special assessments, use of proceeds from special purpose local option sales taxes and other forms of revenue, as deemed appropriate by the Village Board. Proceeds from all stormwater service charges together with any other revenues raised shall be deposited into the Stormwater Utility Enterprise Fund that will be dedicated solely to those purposes of the Village Stormwater Utility.
E. 
Privately owned and maintained on-site stormwater facilities, which significantly reduce or otherwise mitigate the impact of a particular property on the Village's stormwater utility's cost of providing stormwater management, should be taken into account to reduce the service charge on that property or assessed as a rebate.

§ 288-2 Creation.

There is hereby established a stormwater utility to be known as the Village of Fox Point Stormwater Utility ("Stormwater Utility"), which shall be responsible for stormwater management services, systems and facilities throughout the Village, and which shall provide for the management, protection, control, regulation, use, construction, reconstruction, improvement, extension, operation, maintenance, repair and enhancement of the Village's stormwater management services, systems and facilities.
A. 
The operation, management and control of the Stormwater Utility is vested in the Village Board acting under the provision of §§ 61.34, 66.0621, 66.0809, 66.0811, 66.0821, and 66.0627 of the Wisconsin Statutes, and the Village Board is hereinafter referred to as the "Approving Authority." All records of the Stormwater Utility shall be kept by the Village Clerk/Treasurer in the Village Hall or other officially designated place.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The operation of the Stormwater Utility shall be under the supervision of the Village Manager.
C. 
There is established a Stormwater Utility Enterprise Fund in the Village budgeting and accounting systems for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the Stormwater Utility, including, but not limited to, rentals, rates, charges, fees and licenses, as may be established by the Village Board from time to time, and other funds that may be transferred or allocated to the Stormwater Utility. All revenues and receipts of the Stormwater Utility shall be placed in the Stormwater Utility Enterprise Fund, and all expenses and capital investments of the Stormwater Utility shall be paid from the Stormwater Utility Enterprise Fund; provided, however, that other revenues, receipts and resources not accounted for in the Stormwater Utility Enterprise Fund may be applied to stormwater management services, systems and facilities as deemed appropriate by the Village Board.
D. 
The Village Board shall place within the Stormwater Utility such responsibility as the Village has for operation, maintenance and regulation of the existing stormwater management services, systems and facilities previously performed, owned and operated or maintained by the Village, 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.
E. 
The Village Manager shall prepare an annual budget which is to include all operation and maintenance costs, education, capital improvements, debt service and other costs related to the operation of the Stormwater Utility. The budget is subject to approval by the Village Board.
F. 
The costs shall be spread over the customer classifications as determined by the Village Board.
G. 
The Village 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.

§ 288-3 Authority.

The Village, acting through the Stormwater Utility, may, without limitation due to enumeration, do the following:
A. 
Acquire, construct, lease, own, operate, maintain, construct, reconstruct, improve, extend, expand, replace, clean, dredge, repair, manage and finance such facilities and equipment as are deemed by the Village to be proper and necessary for storm and surface water management. These facilities may include, without limitation due to enumeration, surface and underground drainage facilities, sewers, watercourses, retaining walls, ponds, streets, roads, ditches and such other natural or man-made facilities as will support a stormwater management system.
B. 
Undertake any operations or activities, or provide any services deemed by the Village to be proper and necessary for storm and surface water management.
C. 
Maintain compliance with all regulatory requirements for storm and surface water management.

§ 288-4 Scope of responsibility for systems and facilities.

A. 
The Village owns or has rights which allow it to operate, maintain, improve and access those stormwater management systems and facilities which are located:
(1) 
Within public road rights-of-way and easements;
(2) 
On private property as provided for by recorded easement, prescriptive easement, or other rights acquired or allowed by law;
(3) 
On public land which is owned by the Village; or
(4) 
On public land which is owned by another governmental entity, and to which the Village has an agreement, recorded easement, prescriptive easement, or other rights acquired or allowed by law.
B. 
Operation, maintenance and/or improvement of stormwater management systems and facilities which are located on private or public property not owned by the Village, and for which there has been no written agreement granting easements, rights-of-entry, rights-of-access, rights-of-use or other form of dedication thereof to the Village for operation, maintenance, improvement and access of such stormwater management and systems and facilities, shall be and remain the legal responsibility of the property owner.
C. 
It is the express intent of this chapter to protect the public health, safety and welfare of people and property in general, but not to create any special duty of the Village, or to create any relationship between the Village and any individual person, or to establish any obligation of the Village for any specific property within or outside the boundaries of the Village. The fact that the Village may have a legal right does not mean that it has a legal obligation, and the Village assumes no such obligation by this section or this chapter. The Village expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages or equitable remedies upon the Village, its elected officials, officers, employees and agents arising out of any alleged failure or breach of duty or relationship.

§ 288-5 Definitions.

A. 
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning:
ACT
Refers to the Clean Water Act, as amended by the Water Quality Act of 1987 (33 U.S.C. § 1251 et seq.), as amended, and the rules and regulations promulgated by the United States Environmental Protection Agency pursuant thereto.
APPROVING AUTHORITY
The Village Board of the Village of Fox Point or its duly authorized deputy, agent or representative.
CREDIT
A reduction in the stormwater service charge to the owner of a particular parcel for the existence and use of privately owned, maintained and operated on-site or off-site stormwater systems or facilities, or continuing provision of services or activities that reduce or mitigate the cost of stormwater management services for that particular parcel.
CUSTOMER
Any owner of property that is located in the Village of Fox Point, and also means any non-owner that is a resident of property that is located in the Village of Fox Point.
DEVELOPED PROPERTY
A parcel that has been altered from its natural state by the addition of any improvement, such as a building, structure or other impervious surface with a footprint greater than 300 square feet, or where construction of such an improvement is at least 50% complete and construction is halted for a period exceeding three months. Removal of improvements shall not change a parcel that was once developed property into an undeveloped parcel; however, the parcel may then qualify for an exemption per § 288-9.
EQUIVALENT RUNOFF UNIT (ERU)
The statistical average impervious area in the first quartile of single-family properties in the Village. The average square footage of impervious surface for the first quartile of single-family properties in the Village of Fox Point is determined to be 2,988 square feet, which shall constitute one ERU.
FOOTPRINT AREA
The total area covered by all buildings and roofed structures on a parcel, measured on a horizontal plane at the furthest extent of the structures, roofs or roof overhangs.
IMPERVIOUS AREA
An area measured on a horizontal plane which has been compacted or covered so that it prevents or impedes the infiltration of stormwater into the soil. It includes, but is not limited to, all footprint area and all areas covered by structures, roofs, sidewalks, patios, porches, driveways, loading docks, parking lots, compacted gravel surfaces, as well as any other similar surfaces.
NON-OWNER
One that pays rent for use or occupies land, a building, or other property owned by another.
OWNER
Any person or entity vested with the fee interest in real property, in whole or in part, and includes but is not limited to any joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.
PARCEL
A discrete unit of land within the Village to which the property Assessor or tax lister has assigned a distinct ad valorem property tax identification number; except that two or more such units of land that are abutting, are owned by the same owner, and are treated and occupied as a single unit, shall constitute one parcel.
SINGLE-FAMILY
A developed property that contains exactly one detached structure which serves as its primary purpose of providing one permanent dwelling unit and which is classified as residential in the assessment rolls of the Village.
STORMWATER MANAGEMENT SERVICES
Services provided by the Village that may address the quality and/or the quantity of stormwater runoff which relate to the:
(1) 
Transfer, control, conveyance or movement of stormwater runoff through the Village;
(2) 
Maintenance, repair and replacement of existing stormwater management systems and facilities;
(3) 
Planning, development, design and construction of additional stormwater management systems and facilities to meet current and anticipated needs;
(4) 
Regulation of the use of stormwater management services, systems and facilities;
(5) 
Education of the public as to stormwater issues; and
(6) 
Construction of facilities and other infrastructure as may be needed to properly manage the quality and quantity of stormwater runoff.
STORMWATER MANAGEMENT SYSTEMS AND FACILITIES
Those natural and man-made channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainageways, inlets, catch basins, pipes, head walls, storm sewers, lakes and other physical works, properties and improvements which transfer, control, convey or otherwise influence the movement of stormwater runoff, which are owned by the Village or through which the Village has an easement or other legally binding right of use for stormwater drainage, and for which the Village has the right of maintenance for stormwater drainage purposes.
STORMWATER SERVICE CHARGE
The periodic service charge imposed pursuant to this chapter by the Village of Fox Point Stormwater Utility for providing the stormwater management services, systems and facilities, including but not limited to all costs associated with acquisition, construction, operation, maintenance, reconstruction, improvement, extension, expansion, replacement, cleaning, dredging, repair, or other management of stormwater management systems and stormwater activities in the Village. This term may also include special charges to the owners of particular properties for services, systems or facilities related to stormwater management, including, but not limited to, charges for development plan review, inspection of development projects and on-site stormwater control systems, and enhanced levels of stormwater service above the threshold level.
STORMWATER UTILITY ENTERPRISE FUND
Provides revenue for the acquisition, construction, operation, maintenance, reconstruction, improvement, extension, expansion, replacement, cleaning, dredging, repair, or other management of stormwater management systems and stormwater activities in the Village. Services delivered through this fund are paid for with a stormwater service charge to all developed property in the Village.
TIER 1 SINGLE-FAMILY/DUPLEX
The first quartile of single-family or duplex properties with the total footprint area less than or equal to 2,031 square feet.
TIER 2 SINGLE-FAMILY/DUPLEX
The second quartile of single-family or duplex properties with the total footprint area of more than 2,031 square feet but is less than or equal to 2,517 square feet.
TIER 3 SINGLE-FAMILY/DUPLEX
The third quartile of single-family or duplex properties with the total footprint area of more than 2,517 square feet but is less than or equal to 3,213 square feet.
TIER 4 SINGLE-FAMILY/DUPLEX
The single-family or duplex properties with the total footprint area of more than 3,213 square feet but is less than or equal to 5,980 square feet.
TIER 5 SINGLE-FAMILY/DUPLEX
A single-family or duplex property with more than 5,980 square feet footprint area.
TIER 6 NON-SINGLE-FAMILY/DUPLEX
Any developed property which is not single family or duplex, including, but not limited to, transient rentals (such as hotels and motels), multifamily apartment buildings or condominiums of three or more units, commercial, industrial, institutional, governmental property, and parking lots.
UNDEVELOPED
A parcel which does not have any improvements such as a building, structure, or impervious surface that does not total more than 300 square feet of impervious area.
USER
Any property within the Village that discharges stormwater into the stormwater management system.
USER FEE
The charge established by the Village Board on developed property in the Village to pay operations and maintenance, extension and replacement and debt service for the Stormwater Utility, which may include payment for principal and interest on debt obligations, lease payments, operating expenses, capital outlays, nonoperating expenses, provisions for prudent reserves and other costs as deemed appropriate by Village Board.
VILLAGE CREDIT POLICY
The Village Credit Policy is a written document prepared by the Village Manager and approved by the Village Board, currently contained in § 288-9B, which sets forth the criteria under which Tier 6 Non-Single-Family Customers may be eligible for a credit to reduce stormwater charges.
VILLAGE MANAGER
The Village Manager of Fox Point, or his/her designee.
B. 
Construction of undefined terms. Terms not herein specifically defined shall be construed in the manner commonly accepted and the interpretation of the same will be furnished by the Village Manager upon application.

§ 288-6 Rates and charges.

A. 
Stormwater service charges shall be imposed on all developed property in the Village to recover all or a portion of the costs of the stormwater utility program. The amount of such charges shall be based on a rate per equivalent runoff unit (ERU).
B. 
It shall be the policy of the Village that service charges and user fees for the stormwater management services, systems and facilities that are to be provided by the stormwater utility shall be equitably derived through methods which have a demonstrable relationship to the varied demands and impacts imposed on the stormwater management services, systems and facilities by individual properties and/or the level of service rendered by or resulting from the provision of stormwater management services, systems and facilities. Stormwater service charge rates shall be structured so as to be fair and reasonable, and the resultant service charges shall bear a substantial relationship to the cost of providing stormwater management services, systems and facilities.
C. 
In setting or modifying such rates, it shall be the goal of Village Board to establish rates that are sufficient to support the cost of the stormwater management services, systems and facilities, including, but not limited to, the payment of principal and interest on debt obligations, lease payments, operating expenses, capital outlays, nonoperating expenses, provisions for prudent reserves and other costs as deemed appropriate by Village Board.
D. 
The Village Manager shall assign a customer classification to all developed property within the Village that is consistent with the terms of this chapter. The Village Manager shall be responsible for reasonably determining the impervious area, land area, land use or other factors as may be needed for the fair, reasonable and equitable allocation of the stormwater fee based on what the Village Manager believes is the best readily available information, including, but not limited to, data supplied by the Village Assessor, aerial photography, the property owner, tenant or developer. The Village Manager may require additional information as necessary to make the determination. The billing amount shall be updated by the Village Manager to the extent practicable based on any additions to the impervious area as approved through the building permit process.
E. 
Calculation of the stormwater service charge is as follows:
(1) 
The basis of the stormwater utility fee for the stormwater service charges shall be the Equivalent Runoff Unit (ERU).
(2) 
The number of ERUs that will form the basis of the stormwater service charge for each customer classification shall be established in the following manner:
(a) 
Tier 1 single-family/duplex shall be assigned 1.0 ERU.
(b) 
Tier 2 single-family/duplex shall be assigned 1.2 ERUs.
(c) 
Tier 3 single-family/duplex shall be assigned 1.6 ERUs.
(d) 
Tier 4 single-family/duplex shall be assigned 2.6 ERUs.
(e) 
Tier 5 single-family/duplex shall be assigned 4.8 ERUs.
(f) 
Tier 6 non-single-family/duplex: the number of ERUs assigned to the property shall be computed by dividing the total impervious area of the property by the square footage of an ERU.
(g) 
Undeveloped shall be assigned zero ERUs and will not receive a stormwater utility bill.

§ 288-7 Stormwater service charge.

The stormwater service charge shall be established from time to time by separate resolution of the Village Board, as a dollar amount per ERU per month, pursuant to the standards described in § 288-6 above. A schedule of current rates shall be maintained on file in the office of the Village Clerk/Treasurer.

§ 288-8 Billing, delinquencies and collections.

A. 
Billing.
(1) 
Stormwater service charges shall begin to accrue February 10, 2009, and shall be billed in arrears. A bill for stormwater service charges may be sent through the United States Postal Service or by alternative means, notifying the owner or non-owner of the property being billed of the amount of the stormwater service charge, less credits, the date the payment is due and the date when payment is past due.
(2) 
The stormwater service charge may be billed and collected separately or along with water and sanitary sewer charges, or along with other fees for services, as deemed most effective and efficient by the Village Board.
(3) 
The stormwater service charge may be billed to the customer of record in the Village utility billing system or the owner of the property, as deemed most effective and efficient by the Village Manager.
(4) 
Frequency of the billing of stormwater service charges shall be determined by the Village Manager.
(5) 
Failure to receive a bill shall not be justification for nonpayment. Regardless of the party to whom the bill is initially directed, the owner of each developed property subject to stormwater service charges shall be obligated to pay stormwater service charges as well as any penalty and/or interest on delinquent stormwater service charge payments.
(6) 
The owner of the property will be ultimately held responsible for the payment of the stormwater service charge.
(7) 
The owner of any property which is occupied by a customer of record shall have the right to examine, during normal business hours, the appropriate records of the Village to determine whether stormwater service charges have been paid.
(8) 
If an account is underbilled, or if no bill is sent for a particular tract of developed land, regardless of cause, the Village of Fox Point Stormwater Utility may back bill for a period of up to one year, but shall not be entitled to any penalty or interest for any delinquency during the back-billed period.
B. 
Delinquencies and collections.
(1) 
Delinquent stormwater service charges may be placed as a lien upon the property as provided in §§ 66.0821(4)(d), 66.0627 and 66.0809, Wis. Stats.
(2) 
A 1% per month, compounded monthly, penalty will be added for all stormwater service bills that are not paid when due. The additional penalty provided by § 66.0809(3), Wisconsin Statutes, shall apply to any delinquent amounts to which such statute applies.

§ 288-9 Exemptions.

Except as provided in this section, no public or private property shall receive a credit or offset against stormwater service charges. No credit, offset or other reduction in stormwater service charges shall be granted based on the tax status, economic status, race, religion, age or sex of the owner of the property being served, or based on any other condition unrelated to the provision of stormwater management services, systems and facilities. Type II and Type III exemptions, except as to razed parcels, apply only to work that is conducted on parcels subsequent to the date of adoption of this chapter. There shall be three categories of exemptions, as follows:
A. 
Type I exemption. The following parcels shall be automatically exempt from all stormwater utility service charges. Customers do not need to apply for an exemption pursuant to § 288-10.
(1) 
Railroad tracks and the rights-of-way shall be exempt from stormwater service charges. However, railroad stations, maintenance buildings or other developed land used for railroad purposes shall not be exempt from stormwater service charges.
(2) 
Public roadways, public pedestrianways, and private roadways, not including driveways or parking lots, shall be exempt from stormwater service charges.
B. 
Type II exemption. This subsection shall be referred to as the Village's credit policy. This subsection is intended to provide credits and incentives for parcels with on-site stormwater management and treatment facilities that are designed to properly manage the stormwater runoff in accordance with criteria established herein. Credit determinations shall be made pursuant to the procedures described in § 288-10.
(1) 
In order to receive Type II credit exemption a customer must meet the following criteria:
(a) 
The customer must demonstrate that on-site stormwater management controls, systems, activities or facilities are constructed, operated, maintained and performed to the standards established by the Village Manager.
(b) 
Customers must be in compliance with a current maintenance plan that must be on file with the Village Department of Public Works.
(c) 
With the exception of razed parcels, the change to the parcel giving rise to the credit must be made to the parcel subsequent to the date of adoption of this chapter.
(2) 
Single-family/duplex property credit. Single-family and duplex parcel customers that install and properly maintain a rain garden or a rain barrel may be eligible for a rebate. This rebate will not be granted more than once for any customer. Rebate amounts shall be established from time to time by separate resolution of the Village Board.
(3) 
Porous pavement. Porous pavement that is designed and constructed in accordance with design criteria acceptable to the Village Manager may be eligible for a rebate. This rebate will not be granted more than once for any parcel. Rebate amounts shall be established on the basis of square footage of qualifying porous pavement, by separate resolution of the Village Board.
(4) 
Stormwater quantity credit. Parcels with on-site facilities designed to meet the then-current standards of the Village stormwater management criteria may be eligible for up to a 30% reduction in the stormwater service charge for the parcel, as follows. For purposes of this subsection, the "twenty-five-year design storm," "ten-year design storm," "five-year design storm," and "two-year design storm" shall be interpreted based upon twenty-four-hour storm events with twenty-five-, ten-, five-, and two-year recurrence intervals, based upon generally accepted engineering models, as determined by the Director of Public Works/Village Engineer.
(a) 
Facilities designed to reduce the discharge rates as follows and as determined by the Director of Public Works/Village Engineer may be eligible for a 10% reduction in the stormwater service charge for the parcel:
[1] 
From the postdevelopment peak discharge rate of the twenty-five-year design storm event to the predevelopment peak discharge event from the ten-year design storm event.
[2] 
From the postdevelopment peak discharge rate of the ten-year design storm event to the predevelopment peak discharge event from the five-year design storm event.
[3] 
From the postdevelopment peak discharge rate of the five-year design storm event to the predevelopment peak discharge event from the two-year design storm event.
(b) 
Facilities designed to reduce the discharge rates as follows and as determined by the Director of Public Works/Village Engineer may be eligible for a 20% reduction in the stormwater service charge for the parcel:
[1] 
From the postdevelopment peak discharge rate of the twenty-five-year design storm event to the predevelopment peak discharge event from the five-year design storm event.
[2] 
From the postdevelopment peak discharge rate of the ten-year design storm event to the predevelopment peak discharge event from the two-year design storm event.
(c) 
Facilities designed to reduce the discharge rates as follows and as determined by the Director of Public Works/Village Engineer may be eligible for a 30% reduction in the stormwater service charge for the parcel:
[1] 
From the postdevelopment peak discharge rate of the twenty-five-year design storm event to the predevelopment peak discharge event from the two-year design storm event.
(5) 
Stormwater quality credit. Parcels with on-site stormwater management and treatment facilities that properly manage the stormwater runoff in accordance with the stormwater quality criteria described below may be eligible for a percentage reduction in the stormwater service charge for the property, as follows:
(a) 
Facilities designed to remove no less than 40% of the average annual sediment load from stormwater runoff from the site as determined by the Director of Public Works/Village Engineer may be eligible for up to a 10% reduction in the stormwater service charge for the parcel.
(b) 
Facilities designed to remove no less than 60% of the average annual sediment load from stormwater runoff from the site as determined by the Director of Public Works/Village Engineer may be eligible for up to a 20% reduction in the stormwater service charge for the parcel.
(c) 
Facilities designed to remove no less than 80% of the average annual sediment load from stormwater runoff from the site as determined by the Director of Public Works/Village Engineer may be eligible for up to a 30% reduction of the stormwater service charge for the parcel.
(6) 
Other special conditions.
(a) 
Customers that properly construct and maintain other facilities that the customer believes provide equivalent levels of peak control or pollutant reduction to those specified in this section may submit an application for credit to the Village Manager for consideration.
(b) 
Customers of developed property that has been razed of all of the impervious area on the parcel, and has been restored to a dust-free and erosion-free condition, may submit an application for credit or special exemption to the Village Manager for consideration. The customer shall have the burden to show the extent to which the parcel replicates predevelopment conditions. To the extent that the parcel replicates predevelopment conditions regarding stormwater quantity and quality, the Village Manager may grant a corresponding credit or an exemption to the parcel.
C. 
Type III exemption. Developed property that does not drain into the Village stormwater management systems or onto another Village parcel, directly or indirectly (such a drainage pattern referred to in this subsection as draining "away from Village systems"), or that drains partially away from Village systems, may be eligible for a Type III exemption. Credit determinations shall be made pursuant to the procedures described in § 288-10. The Type III exemption may allow up to a 50% reduction in the stormwater service charge for the parcel, as follows:
(1) 
If 100% of the stormwater drains away from Village systems, as determined by the Director of Public Works/Village Engineer, the customer may be eligible for up to a 50% reduction in the stormwater service charge for the parcel.
(2) 
If 80% or more but less than 100% of the stormwater drains away from Village systems as determined by the Director of Public Works/Village Engineer, the customer may be eligible for up to a 40% reduction in the stormwater service charge for the parcel.
(3) 
If 60% or more but less than 80% of the stormwater drains away from Village systems as determined by the Director of Public Works/Village Engineer, the customer may be eligible for up to a 30% reduction in the stormwater service charge for the parcel.
(4) 
If 40% or more but less than 60% of the stormwater drains away from Village systems as determined by the Director of Public Works/Village Engineer, the customer may be eligible for up to a 20% reduction in the stormwater service charge for the parcel.
(5) 
If 20% or more but less than 40% of the stormwater drains away from Village systems as determined by the Director of Public Works/Village Engineer, the customer may be eligible for up to a 10% reduction in the stormwater service charge for the parcel.

§ 288-10 Service charge credits and adjustments.

A. 
A customer may apply for an adjustment to the ERUs assigned to his, her or its property if the customer believes the impervious area measurements on which the ERU calculation is based are inaccurate.
(1) 
All requests for adjustments shall be submitted to the Village Manager, who shall have the authority to develop and administer the procedures and standards for the adjustment of the impervious surface area, and Tier classification for developed single-family and duplex property, or ERU determination for developed non-single-family property.
(2) 
Customers may seek an adjustment at any time by submitting the request in writing and set forth in detail the grounds upon which relief is sought. The application shall be submitted on forms as may be required by the Village Manager, and shall include such information as may be required on the form.
(3) 
The application shall include payment of an application fee as may be established from time to time by separate resolution of the Village Board.
(4) 
Customers requesting the adjustments may be required, at his, her or its own expense, to provide supplemental information to the Village Manager, including but not limited to survey data approved by a registered land surveyor (RPLS) and engineering reports approved by a professional engineer (PE). Failure to provide such information within the time limits established by the Village Manager, as may be reasonably extended, may result in denial of the adjustment request.
(5) 
Once a completed adjustment request and all required information is received by the Village Manager, the Village Manager shall endeavor to render a written decision within 30 calendar days. Concurrent payment of any charges allocated to the property is not required as a condition precedent to this request for review.
(6) 
In considering an adjustment request, the Village Manager shall consider whether the calculation of the impervious surface area, Tier classification for developed single-family and duplex property, and ERU calculation for developed non-single-family property is correct.
(7) 
The Village Manager's decision shall be mailed to the address provided on the adjustments request and service shall be complete upon mailing.
(8) 
The decision of the Village Manager is final except if the property owner appeals the decision pursuant to § 288-11.
B. 
A customer may apply for a credit to their stormwater charge if the property is eligible for a credit pursuant to the Village credit policy, described in § 288-9B or C above. Applications shall be submitted and processed as follows:
(1) 
All requests for credits shall be submitted to the Village Manager, who shall have the authority to develop and administer the procedures and standards for the credits in accordance with the requirements of this chapter.
(2) 
Customers must apply for any credits that they believe apply. The Village will consider only such credits for the parcel as are requested in the application.
(3) 
The application for any credit must be in writing and must include the information necessary to establish eligibility for the credit. The application shall be submitted on forms as may be required by the Village Manager, and shall include such information as may be required on the form. Incomplete applications will not be accepted by the Village Manager, or may be rejected on that basis.
(4) 
The application shall include payment of an application fee as may be established from time to time by separate resolution of the Village Board.
(5) 
Stormwater utility fees may be credited or adjusted retroactively to the date the Village Manager received the completed application.
(6) 
When an application for a credit is deemed complete by the Village Manager, the Village Manager shall endeavor to render a written decision within 30 days from the date the complete application is accepted of either: granting the credit in whole, granting the credit in part, or denying the credit. Credits applied for by the customer in the first year of the stormwater utility fee, and granted in whole or in part, shall apply to all stormwater service charges accruing in that first year. Beginning the second year, credits applied for by the customer, and granted in whole or in part, shall apply from the first day of the calendar month immediately following the date on which a complete application for the credit has been filed with the Village Manager. The customer may appeal such determination pursuant to § 288-11.
(7) 
A customer shall not have to reapply annually for the credit granted, but the Village Manager may review the credit and the basis thereof, no more frequently than annually, and may terminate the credit if the Village Manager finds grounds for doing so. If such credit is terminated, the customer will be notified in writing and may appeal such determination pursuant to § 288-11, or may, if possible, correct the deficiencies which caused the termination and reapply for the credit.

§ 288-11 Appeals process.

A. 
Within 30 calendar days after the date of the mailing of the Village Manager's decision, the customer may appeal the Village Manager's decision to the Board of Appeals by filing a written appeal with the Village Clerk/Treasurer. The appeal must include payment of the application fee as may be established from time to time by separate resolution of the Village Board. The written appeal shall specify all grounds for the challenge and shall state the amount of stormwater service charge that the customer considers to be appropriate. The appeal must specifically address the Village Manager's conclusions and not merely repeat the bases for the initial request. Failure to timely and properly appeal shall deprive the Board of Appeals of jurisdiction to hear the appeal, and the appeal shall be dismissed.
B. 
The Board of Appeals shall conduct a formal hearing at such time and place as designated in a hearing notice to the customer, providing a minimum of five business days notice to the customer. In considering an appeal, the Board of Appeals shall determine whether the stormwater service charge is fair and reasonable. The decision shall be based upon the evidence presented at the hearing. The Board of Appeals shall notify the customer in writing of its determination by first class mail addressed to the individual at the address listed within the appeal. Service is conclusive upon mailing.
C. 
As a condition precedent to any adjustment or credit request, or of bringing or continuing any appeal, a customer must have paid in full all stormwater service charges to the Village, and failure of timely payment shall deprive the Board of Appeals of jurisdiction, which is not restored upon delinquent payment, and the appeal shall be dismissed.
D. 
If an appeal is granted, stormwater charges shall be adjusted on a going-forward basis, commencing on the date of the decision that was appealed. If as a result of the Board of Appeals decision, the customer is due a refund, the refund shall be paid by a reduction of the next stormwater service bill, or if the refund is larger than the next bill, then such bill shall be reduced to zero and the subsequent bill shall also be reduced, and so forth, until the full refund is credited to the parcel. Any refund shall run with the parcel and not with any particular customer or owner.

§ 288-12 Stormwater Utility Enterprise Fund; budget. [1]

The stormwater utility finances shall be accounted for in a separate Stormwater Utility Enterprise Fund by the Village. Any excess of stormwater utility revenues over expenditures in a year will be retained by the Fund for subsequent years' needs of the stormwater utility.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 288-13 Interpretation.

This chapter shall be interpreted liberally to secure the ends sought hereby.