The Village of Kimberly, through the Stormwater Utility, may
acquire, construct, lease, own, operate, maintain, extend, expand,
replace, clean, dredge, repair, conduct, manage and finance such real
estate and facilities as are deemed by the Village 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, sewers, watercourses,
retaining walls and ponds, detention basins, 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, and the
plural the singular; words used in the present tense shall include
the future tense; the word "shall" is mandatory and not discretionary;
the word "may" is permissive. Terms not specifically defined herein
shall have the meaning defined in § NR 216.002, Wis. Adm.
Code, and as the same may be amended from time to time if defined
therein, or if not therein defined, shall be construed to have the
meaning given by common and ordinary use, as defined in the latest
edition of Webster's Dictionary.
DEVELOPED PROPERTY
The real property that has been altered from its natural
state by the addition of any improvements that may include a building,
structure, impervious surface, and change in grade or landscaping.
DIRECTOR
The Building Inspector or his/her designee.
DUPLEX UNIT
Any residential space identified for habitation by members
of the same household attached to only one other residential space
and classified duplex zoning by the Village Zoning Code.
DWELLING UNIT
Any residential space identified for habitation by members
of the same household or as classified by the Village Zoning Code.
"Dwelling unit" includes, but is not limited to, all duplexes, apartments,
residential condominiums and townhouse living units.
EQUIVALENT RUNOFF UNIT (ERU)
The statistical average horizontal impervious area of single-family
homes within the Village of Kimberly on the original adoption date
of this article (May 16, 2005). The horizontal impervious area includes,
but is not limited to, all areas covered by structures, roof extensions,
patios, porches, driveways and sidewalks.
IMPERVIOUS AREA or IMPERVIOUS SURFACE
Areas that have been paved, covered or compacted to inhibit
the natural infiltration of water into the soil or cause water to
run off the area in greater quantities or at an increased rate of
flow from the present under natural conditions as undeveloped property.
Such areas may include, but are not limited to, roofs, roof extensions,
patios, porches, driveways, sidewalks, pavement, gravel, athletic
courts and compacted surfaces. Excluded from this definition are undisturbed
land, lawns and fields.
NONRESIDENTIAL PROPERTY
Any developed lot or parcel not exclusively residential,
as defined herein, including but not limited to transient rentals
(such as hotels and motels), mobile home parks, multifamily apartment
buildings, condominiums, commercial, industrial, institutional and
governmental property and parking lots.
RESIDENTIAL PROPERTY
Any lot or parcel developed exclusively for residential purposes,
including but not limited to single-family homes and manufactured
homes.
RUNOFF
The surface water, including rain and snowmelt, which is
inhibited by impervious surfaces from naturally infiltrating into
the soil.
STORMWATER FACILITIES
All constructed facilities or natural features used for collecting,
storing and conducting stormwater to, through and from drainage areas
to the point of final outlet. Stormwater facilities collectively constitute
a stormwater system.
UNDEVELOPED PROPERTY
Property which has not been altered from its natural state
by the addition of any improvements, such as a building, structure,
impervious surface, change of grade or landscaping. For new construction,
a property shall be considered developed pursuant to this article
at the time of water meter installation or upon review of the actual
impervious area by January 1.
By this article, the Village Board is establishing the rate
charge upon each lot and parcel within the Village of Kimberly for
services and facilities provided by the Stormwater Utility. The actual
charges to be imposed, the establishment of formulas for calculations
of the charges, the establishment of specific customer classifications
and any future changes in those rates, formulas, rate charges and
customer classifications may be made by resolution. All rates established
pursuant to this article will be fair and reasonable in accordance
with the decision and judgment of the Village Board. The current rates
will be on file with the Village Administrator.
A. Rate charges shall be used to share the costs of the Stormwater Utility.
These rate charges may include:
(1) Base
charge (BC). The base charge may be imposed on all property in the
Village. The base charge will be designed to reflect the fact that
all properties benefit from the stormwater management activities of
the Village and that all property contributes in some way to the stormwater
discharge that must be managed by the Village. The BC will be designed
to collect the administrative costs of the Storm Sewer Utility and
the portion of the capital costs not covered by special assessment.
The BC is equal to 0.7 ERU.
(2) Equivalent
runoff unit charge (ERU). This charge shall be imposed on all property
that has any developed impervious area. The ERU will be designed on
the basis of a typical residential unit of property. Other units of
property will be charged multiples of the ERU, based upon the impervious
area contributing to surface water runoff.
(3) Special
charge (SC). This charge may be imposed on property that is in an
area specially benefitted by a particular stormwater management facility.
The SC will be developed to reflect the benefits/services in a particular
area that may not be appropriate to spread to property throughout
the Village. The SC will be calculated on an ERU basis.
B. Customer classification. The Village Board may make such other charges
and customer classifications as will be likely to provide reasonable
and fair distribution of the costs of the Stormwater Utility. In so
doing, the Village Board may provide credits against certain of the
charges set forth above for facilities installed and maintained by
the property owner for the purpose of lessening the stormwater flow
from that given property.
C. Collection agent. The Village of Kimberly Water Utility is hereby
appointed as the collection agency for the Village Stormwater Utility.
Bills shall be prepared by the Village or its agent and sent to the
owner of each premises served. The Village shall allocate the actual
cost of billing and collecting.
D. Billing. The bills for Stormwater Utility charges shall be mailed
to the owner of the property. Bills for stormwater charges are rendered
quarterly and become due and payable upon issuance following the period
for which service is rendered.
[Amended 10-12-2020 by Ord. No. 6-2020]
E. Payment; lien; penalty. Stormwater Utility charges shall not be payable
in installments. Stormwater Utility charges shall be payable upon
receipt, subject to the provisions of this section. If a charge remains
unpaid for a period of 20 days after the date of the utility bill,
such charge shall become a lien on the property to which it relates,
as provided in §§ 66.0821(4)(d) and 66.0809(1), Wis.
Stats. Delinquent charges shall be automatically extended upon the
next available tax roll as a delinquent tax against the property,
and all proceedings relating to the collection, return and sale of
property for delinquent real estate taxes shall apply to such charges.
A penalty of 10% will be added to the delinquent balance when it is
placed on the tax roll. Charges remaining unpaid for a period of 20
days or more from the date of the utility bill shall be assessed a
late payment charge.
[Amended 10-12-2020 by Ord. No. 6-2020]
The owner shall also be liable for stormwater charges under
this article for the improvement from the date of water meter installation
or upon review of the actual impervious area by January 1, whichever
comes first.
The Stormwater Utility charge may be appealed as follows:
A. A written challenge to the stormwater charge must be filed with the
Building Inspector 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. The Building
Inspector will forward these documents to the Village Administrator.
B. A property owner not satisfied with the Building Inspector's decision
can appeal to the Village Board for its review and action.
C. Following review by the Building Inspector and the Village Administrator,
the Village Board will determine whether the stormwater charge is
fair and reasonable or whether a refund is due the customer. The Village
Board may act with or without a hearing and will inform the customer
in writing of its decision.
D. If the Village Board determines that a refund is due the customer,
the refund will be applied as a credit on the customer's next stormwater
billing, if the refund will not exceed the customer's next stormwater
billing, or will be refunded at the discretion of the Village Board
without interest.
The Village Board hereby finds and determines that the Stormwater Utility charges established under this article reasonably reflect the services rendered to property and may be and are hereby authorized to be levied and imposed on property as a special charge pursuant to § 66.0627, Wis. Stats., in addition to other provisions of law. The mailing of the bill for Stormwater Utility charges to a property owner shall serve as notice to the property owner that failure to pay the charges when due may result in the charges being imposed pursuant to the authority of § 66.0627, Wis. Stats. The Village may provide notice each October of any unpaid charges to the Stormwater Utility, and such charges, if not paid by November 15, may be placed on the tax roll in accordance with § 66.0627, Wis. Stats. The collection method provided in this section is in addition to the collection method provided for in §
425-4.
The Stormwater Utility finances shall be accounted for in a
separate stormwater management fund by the Village. The Utility shall
prepare an annual budget, which is to include all operation and maintenance
costs, administrative costs, depreciation costs, debt service and
other costs related to the operation of the Stormwater Utility. The
budget is subject to approval by the Village Board. The costs shall
be spread over the rate classifications as determined by the Village
Board. Any excess of revenues over expenditures in a year will be
retained by the stormwater management fund for subsequent years' needs.