[HISTORY: Adopted by the Common Council of the City of Hudson 3-12-2012 by Ord. No.
1-12. Amendments noted where applicable.]
A.
The Common Council finds that the management of stormwater and other
surface water discharge within and beyond the St. Croix River and
other bodies of water within the City of Hudson 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 in the sanitary sewer. In addition, surface water runoff
may create erosion of lands, threaten businesses and residences with
water damage and create environmental damage to the rivers, streams
and other bodies of water within and adjacent to the City. Those elements
of the system which provide for the collection of and disposal of
stormwater and regulation of groundwater are of benefit and provide
services to all property within the City, including property not presently
served by the storm elements of the system. The cost of operating
and maintaining the City stormwater management system and financing
necessary repairs, replacements, improvements and extension thereof
should, to the extent practicable, be allocated in relationship to
the benefits enjoyed and services received therefrom.
B.
Further, based on the City's population as determined by the
2010 Census, the City of Hudson will be required to comply with the
Federal Clean Water Act and Chapter NR 216, Wis. Adm. Code, which
entails compliance with more stringent rules and regulations regarding
stormwater management, including a municipal separate storm system
general permit.
C.
In order to protect the health, safety and welfare of the public,
the Common Council is exercising its authority to establish a stormwater
utility and set the rates for stormwater management services. The
City is acting under the authority of Chapters 62 and 66 of the Wisconsin
Statutes, and particularly at least the following statutes: §§ 62.04,
62.11, 62.16(2), 62.18, 66.0621, 66.0809 and 66.0821.
To protect the health, safety, and welfare of the public, there
is hereby established the City of Hudson Stormwater Utility.
The stormwater utility shall be under the supervision of the
Common Council. The Public Works and Parks Director shall be in charge
of the stormwater utility, subject to review by the Common Council.
A report on the operations of the utility and a capital improvement
plan shall be provided to the Public Works Committee on an annual
basis. The Public Works Committee will review the need for continuation
of the utility no later than July 31 of each year and will make recommendations
to the Council concerning the continuation or operation of the stormwater
utility. The Council shall consider and take action on the Committee
recommendation.
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. In promulgating the regulations contained in this chapter, the City is acting pursuant to authority granted by Chapter 66 of the Wisconsin Statutes, including, but not limited to, W.S.A. §§ 66.0621, 66.0627, 66.0809, 66.0811 and 66.0821.
For the purpose of this chapter 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. Words not defined herein shall be construed
to have the meaning given by common and ordinance use as defined in
the latest edition of Webster's Dictionary.
A reduction to the stormwater charge or to the impervious surface area used to compute a customer's stormwater utility charge to reflect site specific runoff characteristics as provided in § 241-8B.
A percentage reduction applied to a customer's stormwater utility charge based on existence of an on-site stormwater management practice or facility that reduces the rate or volume of stormwater or sediment discharge to facilities owned or maintained by the stormwater utility, as provided in § 241-8C.
The Public Works and Park Director.
A horizontal surface which has been compacted or converted
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, as well as streets, roofs, sidewalks,
parking lots and other similar surfaces.
The typical area of single-family homes within the City and
on the date of adoption of this ordinance codified in this chapter.
A.
There is hereby established a Stormwater Management Fund, which shall
be used for collection of revenues and payments of expenses relating
to the stormwater utility. Any excess of revenues over expenditures
in a year shall be retained by the fund for subsequent years'
needs.
B.
All revenues billed and collected from the stormwater utility fee
shall be segregated, credited and deposited into a stormwater revenue
fund to be established and maintained by the Finance Officer, and
shall be used solely to pay for the costs of the operation (including
billing, administration and overhead), repair, maintenance, improvement,
renewal, replacement and adherence to stormwater permit requirements
including all costs necessary to assure that all aspects of stormwater
quality and quantity are managed in accordance with federal and state
laws, regulations and rules.
A.
By this chapter, the Common Council is establishing the rate structure
for each lot and parcel within the City for services and facilities
provided by the stormwater utility. The actual charges to be imposed,
the establishment of formulas for calculations of the charges, credits,
or adjustments, the establishment of specific customer classifications
and any future changes in those rates, formulas, rate charges, adjustments,
or credits, and customer classifications, may be made by Council resolution.
All rates established pursuant to this chapter will be fair and reasonable.
The current rates will be on file with the City Clerk.
B.
Rate charges shall be used to fairly distribute the costs of the
stormwater utility. These rate charges may include:
(1)
Charge per residential equivalency unit (REU charge). A base charge
per REU shall be established and imposed on all property in the City,
unless exempted under this chapter. The charge per REU will be designed
to reflect the fact that all properties benefit from the stormwater
management activities of the City and that all properties contribute
in some way to the stormwater discharge that must be managed by the
City. The charge per REU will be designed to collect all costs of
the stormwater utility.
(2)
Residential equivalent unit (REU). The REU will be designed on the
basis of a typical residential unit of property. Other units or uses
of property will be charged multiples or fractions of the REU charge
based on the impervious area contributing to the surface water runoff.
(3)
Special charge (SC). This charge may be imposed on property that
is in an area specifically 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 City. The SC will be calculated on an REU basis.
C.
The Common Council may make such other customer classifications or
adjustments as it deems necessary and appropriate to provide reasonable
and fair distribution of the costs of the stormwater utility. In so
doing, the Common Council 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.
The City recognizes that certain properties may have less impact
on stormwater utility costs than others in a similar rate class, either
because of their geographic location, topography, or stormwater management
practices property owners have implemented on site whether done voluntarily
or as required by the City. Modifications to stormwater utility fees
may be considered through corrections, adjustments, or credits, as
described in this section. Credits or adjustments may be available
to nonresidential and multifamily property owners. It shall be the
burden of the property owner to apply for any credits and to demonstrate
to a reasonable degree of certainty with evidence that a credit or
adjustment is warranted under the terms of this chapter. All applications
for credit or adjustments shall be reviewed by the Director or designee,
and the Director may reduce the number of REUs in accordance with
this policy after taking into consideration the demonstrated reduction
in stormwater volume or improvements to the quality of water discharged
into the City's stormwater management system.
A.
Corrections. A customer may apply for a correction if the customer
believes the impervious area calculation used for the REU designation
on the subject property is incorrect. To be eligible for a correction,
the customer must provide the stormwater utility with site-specific
information to support the correction.
B.
Adjustments.
(1)
The Director may adjust the amount of impervious surface used to
calculate the stormwater charge if the subject property has significant
impervious surface area that is not being served by City-owned stormwater
management facilities. This means that all or a portion of the impervious
surface on a customer's property does not directly or indirectly
discharge to any natural or man-made stormwater conveyance, storage,
or treatment facility owned or maintained by the stormwater utility.
In this case, the amount of impervious surface shall be reduced to
reasonably reflect the amount that discharges into the City stormwater
utility system.
(2)
The City will make adjustments of up to 20% of the stormwater charge
for those portions of the nonresidential or multifamily residential
property that are encumbered by a stormwater easement granted to the
City under which the City maintains the responsibility for maintaining
the easement area.
C.
Credits.
(1)
The utility provides for credits for use of stormwater best management
practices (BMPs) that reduce the amount discharged to the City's
stormwater conveyance system or provide a quantifiable stormwater
quality benefit through the treatment of stormwater runoff to capture
nonpoint source pollutants. Some examples of BMPs are stormwater ponds,
infiltration basins, green space, undeveloped property, and rain gardens.
Properties may be eligible for a credit of up to 90% of the stormwater
charge for implementing and maintaining BMPs. To be eligible for credit,
all practices must comply with the design, operation, and maintenance
requirements of all the applicable ordinances of the City of Hudson
and applicable state or federal stormwater permitting requirements.
(2)
Documentation must be provided to the City supporting the application
for a credit. For the City to be able to evaluate the application,
it is strongly suggested that the documentation supporting the application
be prepared by a licensed professional engineer and include the necessary
drawings and calculations to support the application. It is the applicant's
responsibility to prove the claim for the credit.
(3)
Credits must be applied for, and the Director will determine the
amount of credit permitted. If the City's cost of providing stormwater
service or making stormwater service available to a property has not
been reduced by the use of a BMP, the request for the credit shall
be denied. If the City's cost of providing service or making
service available to a property has been reduced by the use of a BMP,
the credit shall be provided in an amount reasonably related to the
approximate reduction in the City's costs. The following types
of credits are available:
(a)
Peak flow reduction credit.
[1]
A credit may be granted to nonresidential and multifamily residential
properties that can demonstrate a minimum reduction of 25% of the
amount of stormwater leaving the parcel via the use of a stormwater
BMP.
[2]
Examples of BMPs to reduce the peak flow include stormwater
retention and infiltration systems, grass swales, rain gardens, biofiltration
areas, and drainage from parking lots into sufficiently sized grassed
areas.
[3]
Credits may be given to a parcel that is retaining and infiltrating
stormwater into approved on-site BMPs. The percentage of stormwater
retained and managed based on a one-hundred-year twenty-four-hour
storm event will be the basis for credit. Gutter systems discharging
to impervious surfaces are not eligible for this credit.
[a]
Zero-percent to twenty-four-percent reduction in peak flow:
no credit.
[b]
Twenty-five-percent to forty-nine-percent reduction in peak
flow: 25% credit.
[c]
Fifty-percent to seventy-four-percent reduction in peak flow:
50% credit.
[d]
Seventy-five-percent to one-hundred-percent reduction in peak
flow: 75% credit.
(b)
Green space credit. Green space areas meeting the following
criteria can receive up to a seventy-five-percent reduction from the
impervious surface area used to calculate the monthly stormwater charge.
Green spaces shall be contiguous pervious vegetated areas incorporated
into the developed parcel. The space shall not have more than 25%
impacted, compacted soils. Green space must be 20 feet or more away
from the nearest impervious surface or structure. The green space
must be a minimum of one acre in size and not less than 25% of the
total parcel.
(c)
Stormwater quality credit.
[1]
A credit of up to 25% of the stormwater charge may be granted
for parcels that reduce the City's costs of treating stormwater
discharge by implementing BMPs that quantifiably improve the quality
of the stormwater discharge to capture nonpoint source pollutants.
[2]
Examples of BMPs to improve stormwater quality include provision
of a permanent pool designed in conformance with Wisconsin DNR Conservation
Practice Standard 1001 to capture sediment and other pollutants, infiltration
basins, infiltration strips, rain gardens or bioretention systems
sized and designed in accordance with Wisconsin Department of Natural
Resources Conservation Practice Standards, installation and maintenance
of manufactured devices designed to remove sediment from stormwater
runoff, and installation and maintenance of measures to trap oil and
grease using oil/water separators, replaceable inlet inserts, or other
approved practices.
(4)
Maximum credit. The cost of the stormwater utility attributable to
administration, inspection, monitoring, and testing is approximately
10% of the total budget. This portion of the cost benefits the public
by managing stormwater City-wide, and shall not be eligible to be
reduced through adjustments or credits. The maximum aggregate credit
to the stormwater utility charge of any individual property is 90%
of its gross billing amount, regardless of how many individual credits
for which the property qualifies.
D.
Exemptions. Undeveloped properties, public road rights-of-way, and
parks shall be exempt from the stormwater utility charges.
The stormwater utility charges will be billed, as a line item
on the City of Hudson water utility bill, to the utility property
owner, or to the designated utility bill recipient, if different from
the property owner. The stormwater utility charge shall be payable
at the same time and in the same manner as the water utility charges.
A stormwater utility bill will be established for those properties
that do not receive a water utility bill. All bills for stormwater
user fees shall become due and payable in accordance with the rules
and regulations of the water utility pertaining to the collection
of water bills. Late or unpaid charges shall be assessed a late fee
and interest rate per City policy, to the maximum extent permitted
by law.
The amount of the stormwater utility charge may be appealed
as follows:
A.
A written appeal shall be filed with the Public Works and Parks Director
prior to the utility charge due date. The filing of an appeal does
not stay the requirement for paying the charge, and an appeal will
not be heard if the charge is not timely paid; or
B.
Within 30 days of payment, a written appeal to the stormwater charge
must be filed with the Public Works and Parks Director on behalf of
the customer, specifying all bases for the appeal and the amount of
the stormwater charge the customer asserts is appropriate. Failure
to file a written appeal within 30 days of payment waives any right
to later appeal the charge.
C.
A property owner not satisfied with the Public Works and Parks Director's
decision may appeal to the Public Works Committee for its review and
recommendation.
D.
Following review by the Public Works Committee, the Common Council
will determine whether the amount of the stormwater utility charge
is fair and reasonable or whether a refund and/or an adjustment is
due the customer. The Common Council may act with or without a hearing,
and will inform the customer in writing of the decision.
E.
If the Common Council 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 without interest at the
discretion of the Finance Officer.
In addition to any other method for collection of the charges
established pursuant to this chapter for stormwater utility costs,
the Common Council finds that these charges may be levied on property
as a special charge pursuant to W.S.A. § 66.0627. The charges
established under this chapter reasonably reflect the benefits conferred
on property and may be assessed as special charges. The billing for
such charges to the owner will serve as notice to the owner that failure
to pay the charges when due may result in them being charged pursuant
to the authority of W.S.A. § 66.0627. In addition, the City
may provide notice each October of any unpaid charges to the stormwater
utility, which charges, if not paid by November 15, may be placed
on the tax roll under W.S.A. § 66.0627.
If the Common Council determines that the stormwater utility
created by this chapter should be discontinued, all funds and assets
acquired by the utility shall be retained by the City and used exclusively
for stormwater management purposes.
