[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 11-21-2005 by Ord. No. 05-53. Amendments noted where applicable.]
The management of stormwater and other surface water discharges within and beyond Village borders is a matter that affects the public health, safety and welfare of the Village, its citizens and businesses and others in the surrounding area. The development of land increases impervious surfaces and results in increased stormwater runoff. Failure to effectively manage this increased stormwater runoff affects the sanitary sewer utility operations of the Village by, among other things, increasing the likelihood of infiltration and inflow in the sanitary sewer. In addition, surface water runoff may create erosion of lands, threaten businesses and residences with water damage and create sedimentation and other environmental damage in the Village.
The federal Water Pollution Control Act also known as the "Clean Water Act," requires communities to manage stormwater in accordance with federal and state regulations.
The cost of operating and maintaining a utility to manage stormwater, ensuring regulatory compliance, and financing necessary plans, studies, repairs, replacements, improvements and extension thereof should, to the extent practicable, be allocated in relationship to the benefits enjoyed and services received therefrom.
In order to protect the health, safety and welfare of the public, the Village Board is exercising its authority to establish the Village of Pleasant Prairie Clean Water Utility and set the rates for stormwater utility services.
The operation of the Clean Water Utility shall be under the supervision of the Village Administrator. The Superintendent of Streets will be in charge of the Clean Water Utility.
The Village is acting under the authority of Chapters 61 and 66 of the Wisconsin Statutes, and particularly without limitation the following sections: 61.34, 61.35, 61.36, 66.0621, 60.0627, 66.0701, 66.0703, 66.0809, 66.0811, 66.0813 and 66.0821.
Facilities. The Village, through the Clean Water 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 Village to be proper and reasonably necessary for a system of storm and surface water management. These facilities may include, without limitation by enumeration, surface and underground drainage facilities, sewers, watercourses, retaining walls and ponds and such other facilities as will support a stormwater management system.
Rates and charges. The Village, through the Clean Water Utility, may establish such rates and charges as are necessary to finance planning, design, construction, maintenance and operation of the facilities in accordance with the procedures set forth in this chapter. The rates and charges will be established by resolution.
Budgeting process. The Village, through the Clean Water Utility, shall prepare an annual budget, which is to include all operation and maintenance costs, debt service and other costs related to the operation of the Clean Water Utility. The costs shall be spread over the rate classifications as determined by the Board. The budget is subject to the public hearing and approval process, set forth in § 65.90, Wis. Stats.
Excess revenues. The Village will retain any excess of revenues over expenditures in a year in a segregated clean water fund which shall be used exclusively for purposes consistent with this chapter.
In this chapter, the following terms have the meanings set forth below:
- 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 -- 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.
- 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.
- 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.
- 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.
- SINGLE-FAMILY UNIT
- Any residential property consisting of a single dwelling house.
- VILLAGE ENGINEER
- The municipal employee or contracted entity designated by the Village Board as the local approval authority responsible for administering this chapter.
By this chapter, the Village Board is establishing the basis for the rates that will be used to calculate and impose a charge upon each parcel within the Village for services and facilities provided by the Clean Water Utility consistent with this chapter, with the exception of exemptions including agricultural land, public right-of-way, and as prescribed by state law. Charges imposed under this chapter are in addition to assessments imposed under Chapter 148 of the Village of Pleasant Prairie Municipal Code.
The amount of each charge to be imposed shall be made by resolution. All rates established pursuant to this chapter will be fair and reasonable. The current rates will be on file with the Village Clerk.
Charges shall be imposed to recover all or a portion of the costs for the Clean Water Utility. Such charges shall include the following components:
Base charge. The base charge shall be imposed on all property in the Village with the exception of exemptions including agricultural land, public right-of-way, and as prescribed by state law. The base charge is designed to reflect the fact that all properties benefit from Clean Water Utility activities of the Village and that all properties contribute in some way to the clean water discharge that must be managed by the Village. The base charge will be designed to collect the administrative costs of the Clean Water Utility operations.
Equivalent runoff unit (ERU) charge. The ERU charge shall be assessed for each property or parcel in the Village based upon the ratio of calculated runoff from the property as set forth in § 148-7 to the standard ERU.
Project evaluation fee. A charge shall be imposed on a property that is converted from undeveloped to developed or when a property is part of a lot split. The fee will be established by resolution.
The Village Board may make such other classifications in accordance with § 148-6 as will be likely to provide reasonable and fair distribution of the costs of the Clean Water Utility.
Exemptions. The following areas of property shall be exempt from paying charges under this section:
Agricultural land, but not farmstead home sites.
Wetlands, ponds and lakes.
The Village Administrator or Village Engineer may provide credits against the ERU, but not the base charge. Such adjustments of stormwater fees shall not be made retroactively.
To be entitled to consideration for a credit, the property owner shall file an application, together with a review fee, with the Village Engineer that is supported by documentation from a professional engineer registered in the State of Wisconsin and demonstrates the conditions of this section have been met. The application is subject to review and approval of the Village Engineer. If the Village Engineer needs additional engineering expertise to complete his review, the Village Engineer can deny the application unless the property owner agrees to pay for the necessary engineering services.
Credits may be provided under the following circumstances:
A nonresidential property owner may seek a credit on the ERU charge where he or she has installed and maintained facilities that result in the retention and treatment of stormwater on site that exceeds a suspended solids removal level established by the Village Engineer. Credits to a maximum of 30% of the ERU charge will be based on the percent of suspended solids removed over the limits established by the Village Engineer.
The Administrator may revoke the credit if the basis for the credit has materially changed. The Administrator shall provide at least 30 days' advance written notice of any proposed revocation.
Basis for ERU charge. The Village shall calculate the actual runoff value for each property within the Village except for those portions of property which are exempt. The ERU charge shall be the multiple of the actual runoff value for each property compared to the standard ERU value.
Calculation of actual runoff value.
For each property or parcel within the Village, the Village shall calculate the ratio of impervious area to total property size based upon data from the Village's Geographic Information System (GIS), or where such data is not available or is out of date, the Village Engineer may calculate the ratio from other reliable data. In the case where a property or parcel does not have any impervious area, the calculations shall be performed without an impervious area.
For residential property, impervious area is calculated as the actual area of principal structures and out buildings and an average value of 750 square feet for driveways, sidewalks and other impervious areas.
For nonresidential property, impervious area is calculated as the actual area of all impervious surfaces.
The Village shall calculate a runoff curve (CN) value for each property by applying the ratio of impervious area to total lot size to the calculated runoff curve for the Village. For composite CN values, the most recent aerial photo or as determined from other reliable and confirmable information shall be used. Ponds, lakes, agricultural and wetlands will not be included in the calculations of a composite CN value. Woods, brush and meadows will use the lowest CN value as published in the TR55 publication.
The Village shall calculate the actual runoff value for each property applying the CN value and a two-inch rain event to the TR-55 runoff model.
Calculation of ERU value.
The standard ERU value is based upon the runoff value from an average residential parcel of 15,100 square feet with an average impervious area of 18.21%.
The property owner shall be responsible for submitting a clean water utility service application at the time a building permit is issued or a site plan review is conducted. The application shall be made on a form prescribed by the Village and provided with each application for a building permit or application for site plan review. Failure to submit such clean water utility service application or providing false information on such form shall be a violation of this chapter.
Clean Water Utility charges will be billed monthly, with said charges to appear on the bill issued for municipal water, sanitary sewer and solid waste service. Nothing in this subsection shall be construed to preclude the Clean Water Utility from billing on a quarterly or annual basis for properties with minimum charges.
The bills for Clean Water Utility charges shall be mailed to the designated utility bill recipient, but this mailing shall not relieve the owner of the property from liability for rental property in the event payment is not made as required in this chapter. The owner of any property served which is occupied by tenants shall have the right to examine collection records of the Village for the purpose of determining whether such charges have been paid for such tenants, provided that such examination shall be made at the office at which the records are kept and during the hours that such office is open for business.
If Clean Water Utility charges remain unpaid after a period of 30 days from the date of the utility billing, such bill shall be determined delinquent. The Village may collect delinquent charges under §§ 66.0821(4) and 66.0809(3), Wis. Stats.
All delinquent charges shall be subject to a penalty of 1% per month in addition to all other charges, including prior penalties or interest that exist when the delinquent charge is extended upon the tax roll.
The Clean Water Utility charge, a determination of ERUs or ERU credits may be reconsidered by filing a written request for reconsideration with the Village Clerk prior to the utility charge due date if not paid, or within 30 days of payment. The request shall specify all bases for the challenge and the amount of the Clean Water Utility charge the customer asserts is appropriate. Failure to file a timely request waives all right to later challenge that charge or other decision. Unless greater than 10%, no change will be made.
The Village Engineer will determine whether the charge is fair and reasonable, or whether a refund or re-evaluation is due the customer. The Village Engineer may act with or without a hearing, and will inform the customer in writing of his or her decision.
If the Village Engineer determines that a refund is due the customer, the refund will be applied as a credit on the customer's monthly utility account, or will be refunded at the discretion of the Finance Director.
Any person aggrieved by a decision of the Village Engineer under § 148-10 may appeal to the Board of Appeals within 30 days from the date of a decision.
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 Board of Appeals the record upon which the action appealed from was taken.
The secretary of the Board of Appeals 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, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.
In general. The Board of Appeals 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.
Burden of proof. The customer shall have the burden to prove why the order should not be upheld.
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.
The Board of Appeals 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.
The vote of a majority of the Board of Appeals shall be necessary to reverse the decision of the Village Engineer.
A fee as set forth by resolution will be charged for all appeals.
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 charges established hereunder reasonably reflect the benefits conferred on property may be assessed as special charges. 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.
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. The failure to pay such special assessments may result in a lien on the property enforced pursuant to § 66.0703(3), Wis. Stats.
If any provision of this chapter is found to be illegal, the remaining provisions shall remain in effect.