[Adopted as Title 9, Ch. 7, of the former City Code]
The Common Council of the City of Prescott finds that the management
of stormwater and other surface water discharges within and beyond
the Mississippi River, St. Croix River and other bodies of water within
or adjacent to the City is a matter that affects the health, safety
and welfare of the City, its citizens and businesses and others in
the surrounding area. Failure to effectively manage stormwater affects
the sanitary sewer utility operations of the City by, among other
things, increasing the likelihood of infiltration and inflow into
the sanitary sewer system. Surface water runoff may cause erosion
of lands, threaten residences and businesses with water damage, and
create environmental damage to the rivers, streams and other bodies
of water within and adjacent to the City. A system for the collection
and disposal of stormwater provides services to all properties within
the City of Prescott and surrounding areas, including those properties
not currently served by the system. The cost of operating and maintaining
the City stormwater management system and financing necessary repairs,
replacements, improvements and extensions thereof should, to the extent
practicable, be allocated in relationship to the services received
from the system. In order to protect the health, safety and welfare
of the public, the Common Council hereby exercises its authority to
establish a stormwater utility and establish the rates for stormwater
management services. In promulgating the regulations contained in
this article, the City is acting pursuant to authority granted by
Chapters 62 and 66 of the Wisconsin Statutes, including, but not limited
to, §§ 62.04, 62.11, 62.18, 66.0621, 66.0627, 66.0809,
66.0811 and 66.0821, Wis. Stats.
There is hereby established a stormwater utility in the City
of Prescott. The operation of the stormwater utility shall be under
the supervision of the City Administrator.
The City, acting through the stormwater utility, may acquire,
construct, lease, own, operate, maintain, extend, expand, replace,
clean, dredge, repair, conduct, manage, and finance such facilities,
operations and activities as are deemed by the City to be proper and
reasonably necessary for a system of stormwater 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 facilities as will support a stormwater management system.
Additionally, the City, through the utility, shall educate and inform
the public on proper stormwater management techniques.
A.
General definitions. Unless specifically defined, words and phrases
in this article shall have their common law meaning and shall be applied
in accordance with their common usage. Words used in the present tense
include the future, the singular number includes the plural, and the
plural number includes the singular. The word "may" is permissive.
The word "shall" is mandatory and is not discretionary.
B.
BEST MANAGEMENT PRACTICES or BMPs
CHARGE
DIRECTOR
DUPLEX UNIT
DWELLING UNIT
EQUIVALENT RUNOFF UNIT or ERU
IMPERVIOUS AREA
MULTIFAMILY UNIT
NONRESIDENTIAL PROPERTY
ON-SITE STORMWATER SYSTEM
REGIONAL STORMWATER MANAGEMENT FACILITY
RESIDENTIAL PROPERTY
SINGLE-FAMILY UNIT
STORMWATER UTILITY
THREE-PLEX UNIT
UNDEVELOPED PROPERTY
(1)
(2)
Specific words and phrases. In this article, the following terms
shall have the meanings indicated:
The fee imposed under this article for the rendering of stormwater
utility services by the City.
Public Works Director.
A residential dwelling having two dwelling units, and shall
include condominiums.
A room or group of rooms, including cooking accommodations,
occupied by one family, and in which not more than one person, other
than members of the family, are lodged or boarded for compensation
at any one time.
The basic unit by which a stormwater utility charge is calculated
under this article and is based upon the impervious area reasonably
determined by the City. It is the estimated average impervious area
of a single-family unit within the City on the date of adoption of
this article. One ERU is equal to 3,600 square feet.
A surface which has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by rain
water. The term includes, without limitation due to enumeration, all
areas covered by structures, roof extensions, patios, porches, driveways,
loading docks and sidewalks, and semi-impervious surfaces such as
compacted gravel, all as measured on a horizontal plane.
Any residential property comprised of four or more dwelling
units, including condominiums.
A lot or parcel of land, with improvements such as a building,
structure, grading or substantial landscaping, which is not residential
property.
A stormwater management facility that detains and/or treats
stormwater runoff from one parcel of land, including condominiums.
A stormwater management facility that detains and/or treats
stormwater runoff from more than one parcel of land or one or more
parcels of land and a public right-of-way.
A lot or parcel of land developed exclusively for residential
purposes, including single-family units, duplex units, three-plex
units, four-plex units and multifamily units. The term includes manufactured
homes.
Any residential property, including manufactured homes, consisting
of one dwelling unit.
The utility established under this article for the purpose
of managing stormwater and imposing charges for the recovery of costs
connected with such stormwater management.
A residential dwelling having three dwelling units, and shall
include condominiums.
Property that is not developed by the addition of an improvement
such as a building, structure, grading, parking utility or substantial
landscaping. A property shall be considered to be developed if:
A certificate of occupancy has been issued for a building or
structure on the property or, if no certificate of occupancy has been
issued, upon substantial completion of construction or final inspection;
or
Construction of an improvement on the property is at least 50%
completed and such construction has ceased for a period of at least
three months, whether consecutive or not.
A.
The basis for computation of the charge for stormwater services to
lots and parcels of land within the City is established under this
article. The rates and charges to be imposed, the formulas for the
calculation of charges and the customer classifications for the imposition
of charges may be established by resolution or ordinance by the Common
Council, and changes in such rates, charges, formulas and customer
classifications may be made by resolution or ordinance by the Common
Council. All charges established pursuant to this article shall be
fair and reasonable. A schedule of current charges shall be maintained
and on file in the office of the City Clerk.[1]
B.
Charges shall be imposed to recover all or a portion of the costs
of the stormwater utility. Such charges shall be an equivalent runoff
unit (ERU) charge. An equivalent runoff unit (ERU) charge shall be
imposed on all nonexempt property that has an impervious area.
A.
Stormwater utility charges will be billed, as a line item on the
City of Prescott water utility bill, to the utility property owner
and shall be payable at the same time and in the same manner as water
utility charges. A stormwater utility bill will be established for
those properties that do not receive a water utility bill.
B.
Stormwater utility charges shall be billed quarterly, with the stormwater
utility charges becoming effective July 1, 2010, and with the first
quarterly stormwater utility charges to be billed in September 2010.
C.
A late payment charge of 1.5% will be added to bills not paid when
due.
D.
All stormwater utility charges shall be taxed and collected and shall
be a lien upon the property served in the same manner as water service
charges are taxed and collected under the provisions of §§ 66.0809
and 66.0821, Wis. Stats.
A.
For the purpose of imposing the charges imposed under this article,
all lots and parcels of land in the City shall be classified into
the following customer classifications:
B.
The equivalent runoff unit (ERU) charges for the foregoing classifications
shall be established as follows:
(1)
Single-family residential: one ERU.
(2)
Multiple residential: one ERU times a factor obtained by dividing
the total impervious area of the residential property by the square
footage equivalent for one ERU. Such impervious area shall be determined
based on the best information reasonably available. The result shall
be rounded to the nearest 0.1.
(3)
Nonresidential: one ERU times a factor obtained by dividing the total
impervious area of the nonresidential property by the square footage
equivalent for one ERU. Such impervious area shall be determined based
on the best information reasonably available. The result shall be
rounded to the nearest 0.1.
C.
The minimum ERU for any parcel or unit will be 0.5 ERU.
The following categories of properties shall be exempt from
the imposition of stormwater utility charges:
A.
Railroad tracks and rights-of-way; however, railroad stations, maintenance
buildings or other developed land used for railroad purposes shall
not be exempt from stormwater utility charges.
B.
Public road rights-of-way.
C.
Any water body wholly or partially within a parcel that can be classified
as waters of the State of Wisconsin.
D.
Undeveloped property.
A.
The Common Council may adopt or modify policies, by resolution or
ordinance, for credits to be granted toward the stormwater utility
charges.
B.
Credits may be considered for multiple residential and nonresidential
customers, as those terms are defined and described in this article,
who own and properly maintain on-site stormwater management systems
that both mitigate flood impacts and provide adequate treatment of
pollutants in stormwater runoff utilizing a design that has been approved
by the Director.
C.
Credits shall be considered for structural or nonstructural best management practices that are required in order to comply with any local, state, or federal regulations, including, but not limited to, Article II Post-Construction Stormwater Management, of this chapter, Ch. 30, Wis. Stats., Chs. NR 151, NR 216 and NR 103, Wis. Adm. Code, and the Clean Water Act.
D.
No credits shall be considered for any natural features, including,
but not limited to, wetlands, streams and creeks, floodplains, or
water impoundment of any kind in existence prior to the passage of
this article.
E.
No credits shall be considered for any regional stormwater management
facilities.
A.
The Director shall establish and keep on file specified technical
and procedural criteria by which credits will be granted. Copies of
such technical and procedural criteria will be maintained by and be
available from the Director.
B.
In order to obtain credit, the property owner must make application
to the Director on forms provided by the Director for such purpose.
C.
Property owners may apply for any credits that they believe apply.
D.
The application for any credit must be in writing and must include
information, including all documentation, surveys and engineering
reports, as may be necessary to establish eligibility for the credit,
and be in the format established by the Director. Incomplete applications
will not be accepted by the Director.
E.
If applicable, applicants must have an approved maintenance plan
on file with the Director.
G.
If the credit is granted in whole or in part, the ERUs for the parcel
or unit will be reduced by the credit amount. The result shall be
rounded to the nearest 0.1.
H.
The minimum ERU for any parcel or unit will be 0.5 ERU.
J.
Credits applied for, and granted in whole or in part by the Director,
shall apply to the next quarterly utility billing if the approval
decision occurs at least 30 days prior to the next quarterly billing
date. Credit approval decisions occurring within 30 days of the next
quarterly billing date will be applied to the subsequent utility billing
date.
K.
The Director shall review all credits granted, and the basis therefor, each year and may terminate a credit if grounds are found to so do. If such credit is terminated, the property owner shall be notified, in writing, of the grounds for denial by first-class mail and may appeal such determination pursuant to § 500-38 of this article, or the property owner may, if possible, correct the deficiencies that caused the termination and reapply for the credit in the manner set forth in this section.
A.
Adjustments to the measured impervious and parcel areas. A property
owner may submit to the Director site and building surveys or other
documentation which the property owner believes more accurately describes
the impervious area or total area of a parcel.
B.
Appeals to the Director.
(1)
Whenever the property owner appeals to the Director, in writing,
that all or part of any billing, including determination of impervious
area or the granting or denying of a credit, is in dispute, the Director
shall investigate the dispute promptly and completely, advise the
property owner of the results of the investigation and attempt to
resolve the dispute.
(2)
The Director may request the property owner to provide survey, measurements,
or other supporting material as may be necessary for completion of
the review of the appeal in a timely manner.
(3)
Within 30 days of the appeal, written notice of the decision of the
Director shall be sent by first-class mail to the appellant.
(4)
If the Director determines that a credit or an adjustment to the
billing is warranted, the Director shall grant a credit or adjustment
to the aggrieved party's stormwater utility charge. The credit
or adjustment shall apply to the next quarterly utility billing if
the Director's decision occurs at least 30 days prior to the
next quarterly billing date. All credit or adjustment decisions occurring
within 30 days of the next quarterly billing date will be applied
to the subsequent utility billing date.
C.
Appeals to the Public Works Committee. Any person who objects to
any determination or decision of the Director may appeal to the Public
Works Committee.
(1)
A written notice of appeal shall be filed with the City Clerk within
30 days of the date of the Director's determination or decision.
Failure to appeal the Director's determination or decision within
the thirty-day time period shall deprive the Public Works Committee
of jurisdiction to hear the appeal.
(2)
The notice of appeal shall state the determination or decision of
the Director being appealed.
(3)
The City administrator shall schedule the appeal for a public hearing
by the Public Works Committee at a meeting to be held within 30 days
of the filing of the notice of appeal. The City shall send notice
of the time scheduled for the consideration of the appeal to the appellant
at least 10 days prior to the hearing.
(4)
Within 30 days of the appeal hearing, the Public Works Committee,
by majority vote, shall provide a written report and recommendation
to the Common Council to either affirm, modify, or reverse the determination
or decision of the Director. Notice of the report and recommendation
of the Public Works Committee shall be sent to the appellant by first-class
mail.
(5)
Within 30 days of receipt of the report and recommendation from the
Public Works Committee, the matter shall be placed on the agenda of
the next regularly scheduled meeting of the Common Council where the
determination or decision of the Director shall be either affirmed,
modified, or reversed. Notice of the decision of the Common Council
shall be sent to the applicant by first-class mail. All decisions
of the Common Council shall be final.
(6)
If a decision or determination of the Director is reversed or modified,
the Common Council shall grant a credit or adjustment to the aggrieved
party's stormwater utility charges. The credit or adjustment
shall apply to the next quarterly utility billing if the Common Council's
decision occurs at least 30 days prior to the next quarterly billing
date. All Common Council credit or adjustment decisions occurring
within 30 days of the next quarterly billing date will be applied
to the subsequent utility billing date.
Except for single-family residential, a property owner shall
be responsible for submitting a stormwater 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 City and
provided with each application for a building permit or application
for site plan review. Failure to submit such stormwater utility service
application or providing false information on such form shall be a
violation of this article.
