[HISTORY: Adopted by the Common Council of
the City of New Berlin 8-14-2001 by Ord. No. 2147.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 80.
Erosion control — See Ch. 110.
Stormwater runoff — See Ch.
226.
Subdivision of land — See Ch. 235.
Zoning — See Ch. 275.
[1]
Editor's Note: This ordinance also repealed
former Ch. 65, Stormwater Utility, created 3-13-2001 by Ord. No. 2133.
Ord. No. 2298, adopted 1-10-2006, changed the title of this chapter
from “Stormwater Utility” to its current title.
The management of stormwater and other surface
water discharges within and beyond the City of New Berlin 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 infiltration and inflow
to the sanitary sewer. In addition, surface water runoff creates erosion
of lands, damages to businesses and residences, and creates sedimentation
and other environmental damage within the City of New Berlin. In order
to protect the health, safety and welfare of the public, the City
of New Berlin is exercising its authority to establish a stormwater
utility. The City is acting under the authority of Chapters 62 and
66, Wis. Stats., including, but not limited to the following statutes:
§§ 62.04, 62.11, 62.16, 62.175, 62.18, 66.0621, 66.0809,
66.0811, and 66.0821.
[Amended 1-10-2006 by Ord. No. 2298; 3-28-2006 by Ord. No.
2306]
There is hereby established a City of New Berlin
Stormwater Utility, which shall be known as the “Water Resource
Management Utility of the City of New Berlin,” to be managed
and operated by the Director of Community Development or his designee
(hereinafter referred to as “Director”), subject to the
supervisory control of the Water Resource Management Committee. The
City shall separately account for the Water Resource Management Utility’s
finances. The Water Resource Management Utility shall prepare an annual
budget which is to include all operation, maintenance costs, costs
of borrowing and other costs related to the operation of the Water
Resource Management Utility. This budget is subject to the approval
by the Common Council. Any excess of revenues or over-expenditures
in the fiscal year will be deposited into a Water Resource Management
Utility Maintenance Fund, which will be used to defer the costs of
capital improvements and/or to retire debt.
[Amended 1-10-2006 by Ord. No. 2298]
The Water Resource Management 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 Utility 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.
A.
For the purpose of this chapter, the following definitions
shall apply: words used in the singular shall include the plural;
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 ordinary use as defined in the latest
edition of Webster's Dictionary.
B.
DIRECTOR
EQUIVALENT RUNOFF UNIT (ERU)
IMPERVIOUS AREA OR IMPERVIOUS SURFACE
DUPLEX UNIT
DWELLING UNIT
MULTIFAMILY UNIT
RESIDENTIAL PROPERTY
NONRESIDENTIAL PROPERTY
UNDEVELOPED PROPERTY
Unless the context specifically indicates otherwise,
the meaning of terms used in the context of the Water Resource Management
Utility shall be as follows:
[Amended 1-10-2006 by Ord. No. 2298]
The Director of Community Development, or his designee.
[Amended 3-28-2006 by Ord. No. 2306]
The statistical average horizontal impervious area of single-family
homes within the City of New Berlin, which on the date of the adoption
of this chapter is based upon study, established to be 4,000 square
feet. The horizontal impervious area includes, but is not limited
to, all areas covered by structures, roof extensions, patios, porches,
driveways and sidewalks.
A horizontal surface which has been compacted or covered
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 gravel or clay, as well as streets, roofs,
sidewalks, parking lots and other similar surfaces. The Director shall
be responsible for determining the impervious area based on the best
available information, including, but not limited to, data supplied
by the City Assessor, aerial photography, the property owner, tenant
or developer. The Director may require additional information as necessary
to make the determination. The number of ERU's determined applicable
to a property shall be updated by the Director based on any additions
to the impervious area.
Any residential space identified for habitation attached
to only one other residential space or as classified by the City Building
Code.[1]
Any residential space identified for habitation by the City
Building Code.[2] A dwelling unit includes, but is not limited to, all duplexes,
apartments, residential condominiums and townhouse living units.
Any residential space identified for habitation attached
to two or more residential spaces or as classified by the City Building
Code.[3]
Any lot or parcel developed exclusively for residential purposes,
including, but not limited to, single-family homes, manufactured homes,
multifamily apartment buildings and condominiums, and agricultural
property that contains a farm residence.
Any developed lot or parcel not exclusively residential as
defined herein, including, but not limited to, transient rentals (such
as hotels and motels), commercial, industrial, institutional, governmental
property and parking lots.
That which has not been altered from its natural state by
the addition of any improvements such as a building, structure, or
impervious surface. Vacant land currently in agriculture shall be
considered undevelopable property.
[Amended 1-10-2006 by Ord. No. 2298; 3-28-2006 by Ord. No.
2306]
The charges to be imposed for water resource
management pursuant to these rate classifications shall be made by
resolution duly adopted by the Common Council following the recommendation
of the Water Resource Management Committee. The rates, following approval
by the City Council, will be on file with the Director. The charges
for water resource management shall be calculated on an equivalent
charge (EC) basis. The EC shall be imposed on all property with an
impervious surface. The EC will be calculated on the basis of a typical
single-family property (an ERU). Other classifications of property
will be charged multiples of the EC based on the ERU calculation for
that property.
[Amended 1-10-2006 by Ord. No. 2298; 3-28-2006 by Ord. No.
2306]
The charges established hereunder shall be billed to the Water Resource Management Utility customer, at the same time and in the same manner as the sanitary sewer or water bill. The property owner shall be the ultimate responsible party for payment of the Water Resource Management Utility charge. A water resource management bill shall be sent in a like manner to any property not taking service from the sanitary sewer or water utility. Failure to pay the charges when due will subject the owner to such penalties as are established by state law and/or the Council, including those penalties set forth in § 267-3D, and may result in the charges being assessed as a lien against the property pursuant to § 66.0821, Wis. Stats.
[Amended 3-28-2006 by Ord. No. 2306]
For purposes of imposing the water resource
management charges, all lots and parcels within the City are classified
into the following five customer classes:
A.
Customer classifications.
(1)
Residential - Single Family: which by definition is
one ERU and which shall be charged one equivalent charge (EC).
(2)
Residential - Duplex: The equivalent charge (EC) imposed
for a duplex residential property shall be the fee for 0.7 of one
EC per each individual dwelling unit existing on the property; i.e.,
Duplex Charge (per building) = EC fee X (sum of number dwelling units
X .7).
(3)
Residential - Multifamily: The equivalent charges
(EC) imposed for multifamily residential properties shall be the fee
for one EC, multiplied by the numerical factor obtained by dividing
the total square footage of impervious area of the property by the
square footage of one ERU. The factor shall be rounded down to the
nearest 0.1; i.e., Multifamily Charge (per building) = EC fee X (total
impervious area ÷ 4,000 square feet).
(4)
Residential - Condominium: The equivalent charges
(EC) imposed for condominium residential properties shall be an equal
allocation of the charge assigned to the entire condominium development
determined by multiplying the fee for one EC by the numerical factor
obtained by dividing the total square footage of impervious area of
the property by the square footage of one ERU. The factor shall be
rounded down to the nearest 0.1; i.e., Condominium Charge (per unit)
= EC fee X [(total impervious area ÷ 4,000 square feet) ÷
the number of condominium dwelling units in the complex].
(5)
Nonresidential: The equivalent charges (EC) imposed
for nonresidential properties as defined herein shall be the fee for
one EC, multiplied by the numerical factor obtained by dividing the
total square footage of impervious area of the property by the square
footage of one ERU. The factor shall be rounded down to the nearest
0.1; i.e., Nonresidential Charge (per property) = EC fee X (total
impervious area ÷ 4,000 square feet).
B.
Minimum charge. The minimum ERU calculations for any
customer other than undeveloped properties shall be not less than
the rate of 3/10 of one ERU.
[Amended 1-10-2006 by Ord. No. 2298; 3-28-2006 by Ord. No.
2306]
A.
The City Council shall adopt, by separate resolution,
criteria recommended by the Water Resource Management Committee for
providing adjustments so as to account for water resource management
facilities that are properly maintained and which:
B.
No adjustments shall be considered for structural
or nonstructural best management practices that are required in order
to comply with any local, state, or federal regulation, such as New
Berlin Stormwater Ordinance,[1] NR 216, Chapter 30 and NR 103.
[1]
Editor's Note: See Ch. 226, Stormwater Runoff.
C.
No adjustments shall be considered for any natural
features, such as but not limited to wetlands, lakes and floodplains
or water impoundment of any kind in existence prior to passage of
this chapter.
D.
Director's review procedure.
(1)
A customer may request an informal review of classification
and ERU determination with the Director, who shall meet with the customer
per the resolution regarding adjustments duly adopted by the Council.
(2)
Following informal review with the Director, a customer may request an adjustment to classification and/or ERU determination under § 65-7 within 30 days of receipt of the Director's classification and ERU determination by submitting a written request to the Water Resource Management Committee asking for a review of the classification and/or ERU determination.
(3)
The Director shall provide to the Water Resource Management
Committee a written explanation as to the customer's classification
and ERU determination within 30 days of receipt of the request for
an adjustment. The explanation shall be sent to the customer requesting
an adjustment.
(4)
Within 30 days of receipt of the Director's explanation,
the customer may appeal the Director's classification and ERU determination
to the Water Resource Management Committee by filing with the City
Clerk a written request for appeal.
(5)
The Water Resource Management Committee shall hear
the appeal within 45 days of the receipt of the written request for
appeal. The Water Resource Management Committee shall hold a contested
case hearing to determine whether the classification and/or ERU determination
is fair and reasonable or whether a modification to the classification
and/or ERU is warranted. The Water Resource Management Committee shall
determine whether the Director's determination shall be approved,
modified or rejected. The determination of the Water Resource Management
Committee shall be filed within 10 days of the hearing, in writing,
and set forth in detail the reason or reasons for its decision and
shall inform the customer.
E.
Application of adjustment. There shall be no retroactive
adjustment for user charges imposed prior to the granting of the request.
This chapter shall be interpreted liberally
to secure the ends sought hereby.
[Added 2-8-2005 by Ord. No. 2259; amended 1-10-2006 by Ord. No.
2298]
The Water Resource Management Committee shall consist of five members, including the Mayor, three members, of the Common Council appointed by the Common Council President and one citizen member to be appointed by the Mayor, for terms of two years each. The Committee shall have the powers and duties as prescribed in Chapter 65, Water Resource Management Utility of this Code.
