[HISTORY: Adopted by the Common Council of
the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 11.095 and 11.10
and Ch. 13 of the Municipal Code. Amendments noted where applicable.]
A.
Management. The Water Utility of the City shall be
managed and operated by the Water Utility Manager subject to the supervisory
control of the Utility Committee.
B.
Duties and powers. The Utility Committee shall take
charge and manage the Water Utility of the city. The Committee shall
have charge of construction, extension and improvement of the Water
Utility, subject to the powers and jurisdiction fixed by law, City
ordinances and the Public Service Commission. The Water Utility Manager
shall take charge of the operation and maintenance of the Water Utility.
The Utility Committee may prepare and adopt plans, designs and specifications
for buildings, machinery, apparatus and the laying of mains and appliances
required for the proper functioning of the Utility. The Utility Committee
shall have such other powers and duties as may be granted to it by
law or City ordinance.
C.
Limitation of powers. Consent of the Council shall
first be required for the following:
(1)
Where a capital investment requires the borrowing
of money which will become a general obligation of the city.
(2)
In the purchasing of sites (all sites and property
shall be in the name and title of the city).
(3)
In the construction of buildings.
(4)
In the purchase of equipment, machinery or apparatus
not budgeted.
(5)
In the expenditure of any funds not budgeted.
(6)
In requesting water rate adjustments through the Public
Service Commission.
D.
Accounts. Books of account shall be kept in the manner
and form prescribed by the Public Service Commission and shall be
open to public inspection, at the place prescribed by the Utility
Committee. All accounts shall be audited by the Utility Committee
and approved by same.
E.
Receipts. All receipts of the Water Utility shall
be deposited with the Director of Finance and Administration who shall
be the appointed bonded cashier for the Utility Committee. Such bonding
shall be not less than $5,000, approved by the Utility Committee and
paid for by the Water Utility. A separate fund of all such receipts
shall be kept and maintained at financial institution(s) designated
by the Utility Committee.
[Amended 7-23-2002 by Ord. No. 2180]
F.
Expenses and disbursements. All Water Utility department expenditures shall be approved by the Water Utility Manager and forwarded to the Utility Committee for final approval of the City Council. These shall be paid by the City Clerk and Director of Finance and Administration as provided in § 66.0607(3), Wis. Stats., in the following manner: Order check shall be issued by the City Clerk, upon the filing with the City Clerk of certified and approved bills, vouchers or schedules signed by the Utility Manager, giving the name of the claimant or payee and the amount and nature of each payment. In addition to the procedure for payment of expenditures set forth above, the procedure for approval and payment of claims as set forth in Chapter 33, Finance, § 33-7, of this Code may be utilized by the City Clerk. The Utility Committee shall not contract any liability in excess of its budget and such other income as shall be received by the Utility Committee.
[Amended 7-23-2002 by Ord. No. 2180]
G.
Utilization of City employees. The Utility Committee,
when necessary, may utilize the services of the City Engineer, City
Attorney and other officials and employees of the city. All City officials
and employees performing services for the Water Utility shall present
properly documented monthly statements to the Water Utility for approval.
The general fund of the City shall be reimbursed by the Water Utility
for the cost of such services by City officials and employees. The
basis for such service shall be as mutually agreed upon or determined
by the Council.
[Amended 6-19-2001 by Ord. No. 2142]
H.
Rules; compliance.
(1)
The Utility Committee may make all necessary rules
governing its own proceedings and for the governing of the Water Utility,
which rules shall not contravene any state laws or City ordinances.
Furthermore, all persons not receiving a water supply from the Water
Utility, or who may hereafter make application therefor, shall be
considered as having agreed to be bound by the rules and regulations
as filed with the Public Service Commission and the provisions of
this chapter.
(2)
Public Service Commission rules adopted. The following provisions of Ch. PSC 195, Wis. Adm. Code, are adopted by reference and made a part of these rules as if set forth in full. A violation of any such rules shall constitute a violation of this section and shall be punishable as provided in Chapter 1, General Provisions, § 1-18 of this Code.
|
Sec. 185.11
|
Authorization for and Application of Rules.
| |
|
Sec. 185.12
|
Definitions.
| |
|
Sec. 185.13
|
General Requirements.
| |
|
Sec. 185.15
|
Free or Discriminatory Service Prohibited.
| |
|
Sec. 185.16
|
Protection of Utility Facilities.
| |
|
Sec. 185.17
|
Interference with Public Service Structures.
| |
|
Sec. 185.18
|
Location of Records.
| |
|
Sec. 185.19
|
Retention of Records.
| |
|
Sec. 185.21
|
Schedules to be Filed with the Commission.
| |
|
Sec. 185.22
|
Information Available to Customers.
| |
|
Sec. 185.31
|
Metered Service.
| |
|
Sec. 185.32
|
Meter Readings and Billing Periods.
| |
|
Sec. 185.33
|
Billing.
| |
|
Sec. 185.35
|
Adjustment of Bills.
| |
|
Sec. 185.36
|
Deposits.
| |
|
Sec. 185.37
|
Disconnection and Refusal of Service.
| |
|
Sec. 185.38
|
Deferred Payment Agreement.
| |
|
Sec. 185.39
|
Dispute Procedures.
| |
|
Sec. 185.41
|
Employees Authorized to Enter Customers' Premises.
| |
|
Sec. 185.42
|
Customer Complaints.
| |
|
Sec. 185.43
|
Construction Records.
| |
|
Sec. 185.44
|
Records and Reports of Service Interruptions.
| |
|
Sec. 185.45
|
Pumpage Records.
| |
|
Sec. 185.46
|
Meeting Equipment Records.
| |
|
Sec. 185.47
|
Other Records.
| |
|
Sec. 185.51
|
Requirement for Good Engineering Practice.
| |
|
Sec. 185.52
|
Construction Standards.
| |
|
Sec. 185.61
|
Meters.
| |
|
Sec. 185.65
|
Accuracy Requirements for Customer Meters.
| |
|
Sec. 185.71
|
Meter Testing Facilities and Equipment.
| |
|
Sec. 185.72
|
Calibration of Meter Testing Equipment.
| |
|
Sec. 185.73
|
Testing of Customer Meters.
| |
|
Sec. 185.74
|
Test Flows.
| |
|
Sec. 185.75
|
Required Tests of Customer Meters.
| |
|
Sec. 185.76
|
Periodic Tests.
| |
|
Sec. 185.77
|
Complaint Tests.
| |
|
Sec. 185.78
|
Referee Tests.
| |
|
Sec. 185.79
|
Testing of Metering Installations Having Remote
Registers.
| |
|
Sec. 185.795
|
Jumpering Meter Settings.
| |
|
Sec. 185.81
|
Quality of Water.
| |
|
Sec. 185.815
|
Adequacy of Water Supply.
| |
|
Sec. 185.82
|
Pressure Standards.
| |
|
Sec. 185.83
|
Station Meters.
| |
|
Sec. 185.84
|
Emergency Operation.
| |
|
Sec. 185.85
|
System Losses.
| |
|
Sec. 185.86
|
Flushing Mains.
| |
|
Sec. 185.87
|
Operation of Distribution System Valves and
Hydrants.
| |
|
Sec. 185.88
|
Interruptions of Service.
| |
|
Sec. 185.89
|
Thawing Frozen Services.
|
I.
Report to Council. The Utility Committee shall submit
to the Council, on or before July 1 of each year and at such other
times as may be directed by the Council, an audited financial report
prepared by an independent certified public accountant for the preceding
year and such other information as may be determined by it, essential
to inform the Council of the conditions of the Water Utility.
J.
Budget. Prior to October 1 of each year the Utility
Committee shall submit to the Council for approval its budget of estimated
expenditures for the ensuing year.
A.
Incorporation of district rules and regulation. The
provisions of Ordinance 549, adopted December 27, 1978, which confirms,
ratifies and modifies a system of sewer rates based on user charges,
are adopted by reference and made a part of this chapter as if fully
set forth herein.
B.
Industrial wastes; deleterious sewage.
(1)
No industrial wastes shall be discharged, either directly
or indirectly, into the sewerage system without the prior written
approval of the Council. No sewage, including industrial wastes, shall
contain any substance which is deemed deleterious by the City Engineer
to the operation of the sewerage system, nor shall any sewage be discharged
into the sewerage system, the discharge of which into the sewers controlled
by the Metropolitan Sewerage District is prohibited by the provisions
of Article XI of the Rules of the Sewerage Commission of the City
of Milwaukee and the Metropolitan Sewerage Commission of the County
of Milwaukee.
(2)
If a user of the sewerage system discharges prohibited sewage, he shall be given written notice to cease the prohibited discharge. If, after 10 days' notice, such user continues the prohibited discharge, he shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.
(3)
The City Engineer, being guided by the standards adopted
in Article XI of the Rules of the Sewerage Commission of the City
of Milwaukee and the Metropolitan Sewerage Commission of the County
of Milwaukee, may require the owner, operator or tenant of any industrial
plant or other establishment discharging, or proposing to discharge,
industrial wastes into the sewerage system to provide at such user's
expense such preliminary treatment or handling facilities as may be
necessary to reduce or modify the objectionable characteristics or
constituents or to control the quantity and rate of discharge of such
industrial wastes, provided the Council may direct that industrial
wastes be accepted without pretreatment or other handling by the industrial
users of the sewerage system and may provide in lieu thereof for an
additional charge to meet the additional cost of the city's acceptance
of such untreated sewage.
C.
Sewerage service charges; rates.
(1)
All sewer users shall be charged their fair share
of all operation and maintenance costs, including replacement costs,
as well as a portion of or all costs associated with debt retirement
of bonded capital or other financing for the New Berlin sewerage system
which the City may designate to be paid by the user charge system.
A sewage service charge is hereby imposed upon each lot, parcel of
land, building or premises served by the sewerage system or otherwise
discharging sewage, including industrial wastes, into the sewage system.
Such total sewage service charge to be imposed includes the following
user charges:
[Amended 8-11-2009 by Ord. No. 2410]
(a)
Those user charges previously confirmed, ratified and modified in Subsection A which are intended or required by a final order to be paid for Milwaukee Metropolitan Sewerage District billed operation and maintenance costs, and also includes similarly required charges to recover annual MMSD capital recovery charges, local O&M costs and local capital recovery charges.
(b)
Those user charges previously confirmed, ratified and modified which
are intended or required by a contract with another sewage service
provider for billed operation and maintenance costs, and also includes
similarly required charges to recover operation and maintenance costs
for the treatment provider, local O&M costs, local capital recovery
charges as well as an administration fee for the reasonable costs
of billing and collecting the sewer service charges as provided for
hereunder. Said administration fees shall be established from time
to time by resolution of the Common Council based upon the sewer utility’s
actual cost of providing the services. It is intended that this sewerage
charge shall satisfy the utility’s contractual commitment for
sewer service charges necessary to serve the subject properties.
(2)
Such total sewage service charge shall be divided
into a volumetric charge which is based on gallons of sewage treated
and a flat fixed charge which is assessed to each lot or building.
The fixed charge is imposed equally per lot on a systemwide basis.
The volumetric rate for 1,000 gallons of domestic wastestrength sewage
treated is likewise uniformly imposed on a systemwide basis, irrespective
of sewer service area. Because of the large proportion of residences
without an available water meter or other suitable measuring device,
average quarterly sewer flow per residence, based on average household
population, shall be as annually estimated by MMSD for the city, unless
the City shall decide to use some other basis. The resulting calculated
volumetric charge shall be uniformly imposed on a systemwide basis,
regardless of location within the city. For industrial wastestrength
sewage, volumetric charges shall be as individually billed for treatment
plus all other charges as detailed hereafter.
(3)
Definitions and word usage.
(a)
BOD (denoting "biochemical oxygen demand")
NORMAL DOMESTIC WASTEWATER
O&M (denoting "operation and maintenance")
REPLACEMENT
RESIDENTIAL CUSTOMER
SEWAGE SYSTEM or SEWERAGE SYSTEM
SS or TSS (denoting "suspended solids")
USEFUL LIFE
USER CHARGE
WATER METER
Unless the context specifically indicates otherwise,
the meaning of terms used in this section shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter (mg/l).
Wastewater that has a BOD concentration of not more than
310 mg/l and a total suspended solids concentration of not more than
37.0 mg/l.
All expenditures during the useful life of the sewage system
for materials, labor, utilities and other items which are necessary
for managing and maintaining the sewage system to achieve the capacity
and performance for which such system was designed and constructed.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
sewage system to maintain the capacity and performance for which such
works were designed and constructed. The general term "operation and
maintenance" includes replacement.
Any contributor to the city's treatment works whose building
is used for domestic dwelling purposes only, the building accommodating
exclusively one or two residential units.
Any devices and systems for the storage, treatment, recycling
and reclamation of municipal sewage, domestic sewage or liquid industrial
wastes These include intercepting sewers, outfall sewers, sewage collection
systems, individual systems, pumping, power and other equipment and
their appurtenances; extensions, improvement, remodeling, additions
and alterations thereof; elements essential to provide a reliable
recycled supply such as standby treatment units and clear well facilities;
and any works, including site acquisition of the land that will be
an integral part of the treatment process or is used for ultimate
disposal of residues resulting from such treatment (including land
for composting sludge, temporary storage of such compost and land
used for the storage of treated wastewater in land treatment systems
before land application); or any other method or system for preventing,
abating, reducing, storing, treating, separating or disposing of municipal
waste or industrial waste, including waste in combined stormwater
and sanitary sewer systems.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
The estimated period during which a treatment works or component
parts will be operated.
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance and replacement of the sewerage system.
A water volume measuring and recording device, furnished
and/or installed by the City or furnished and/or installed by a user
and approved by the city.
(b)
"Shall" is mandatory; "may" is permissive.
(4)
The user charge system shall generate adequate revenues
to pay all annual operation and maintenance costs, including replacement
costs, and a portion of or all costs associated with debt retirement
of bonded capital associated with financing the sewerage system which
the City may designate to be paid by the user charge system.
(5)
That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in Subsection C(7) below shall be deposited in a separate, nonlapsing fund known as "Operation, Maintenance and Replacement Fund" and will be kept in two primary accounts as follows:
(a)
An account designated for the specific purpose
of defraying operation and maintenance costs (excluding replacement)
of the sewerage system works (operation and maintenance account).
(b)
An account designated for the specific purpose
of ensuring replacement needs over the useful life of the system (replacement
account). Deposits in the replacement account shall be made quarterly
from the operation, maintenance and replacement revenue. The equipment
replacement fund provision shall be calculated in the annual user
charge rate report, otherwise known as "Appendix A" of this section,
and the quarterly deposit will be 1/4 of this calculated amount.
(6)
Beginning with the 1985 fiscal year, year-end balances
in the operation and maintenance and the replacement accounts shall
be carried over to the same accounts in the subsequent fiscal year,
and shall be used for no other purposes than those designated for
these accounts. Moneys which have been transferred from other sources
to meet temporary shortages in the operation, maintenance and replacement
funds shall be returned to their respective accounts upon appropriate
adjustment of the user charge rates for operation, maintenance and
replacement. The user charge rate shall be adjusted such that the
transferred moneys will be returned to their respective accounts within
the fiscal year following the fiscal year in which the moneys are
borrowed.
(7)
Each user shall pay for the services provided by the
New Berlin Sewer Utility based on the user's use of the sewerage system
as determined by current quarterly water meter reading and, in the
case of residential users, by annual estimation. If a commercial or
industrial contributor has a consumptive use of water, or in some
other manner uses water which is not returned to the wastewater collection
system, the user may take steps to become discharge certified so that
only net gallonage is used as a basis for sewerage charges.
(a)
Necessary volumetric and fixed connection rates
shall be calculated and set by the City Council annually in a user
charge rate report (hereinafter known as "Appendix A" of this section).
A copy of this report shall be on file in the office of the City Engineer.
Appendix A shall outline the methodology used in calculating the user
charge rate, and shall be a step-by-step reference on how the user
charge rate is calculated. In the methodology to be used, the costs
of operation and maintenance for all flow not directly attributable
to users (infiltration/inflow) shall be distributed among all users
under a reasonable system which combines flow volume and number of
hookups to the system.[1]
(b)
Using this methodology, any surplus or deficient
revenues from volumetric charges or from fixed connection charges
shall be considered in reducing or increasing the succeeding year's
user charge volumetric or connection rates beginning with any surplus
from the 1985 fiscal year. The user charge report shall also contain
an annual provision for equipment replacement. For those who contribute
wastewater, the strength of which is greater than normal domestic
sewage, a surcharge in addition to the normal user charge will be
collected for sewage treatment. The systemwide surcharge for operation
and maintenance shall be determined by the City after consideration
of MMSD information, based on cost to remove BOD and SS as detailed
in the annual MMSD Cost Recovery Procedures Manual, and the City may
change it from time to time.[2]
(c)
No additional surcharge shall be imposed for
local conveyance O&M for industrial wastestrength sewage, except
that any user which discharges any substance which singly or by interaction
with other substances causes identifiable increases in the cost of
operation, maintenance or replacement of the sewerage system shall
pay for such increase costs. The charge to each user shall be determined
by the City Engineer and approved by the City Council.
(d)
The City Council shall use the information from
the annual user charge report to adjust the sewer service charges
to recover all operation and maintenance expenses. The City Council
may also amend the rate to recover any or all capital recovery expenses.
(8)
The City shall review the user charge system annually
and revise user charge rates as necessary to ensure that the system
generates adequate revenues to pay the costs of operation, maintenance
and replacement and that the system continues to provide for the proportional
distribution of such costs among users and user classes.
(9)
The City will notify each user at least annually,
in conjunction with a regular bill, of the rate being charged for
operation and maintenance, including replacement costs among users
and user classes.
(10)
Each industrial user not served by the water utility
shall provide a meter which reflects, with reasonable accuracy, the
quantity of sewage to flow into the sanitary sewer from each of its
lots, parcels of land, buildings or premises. This meter shall be
provided at the user's expense.
(11)
If any user has a water use which is not diverted
to the sanitary sewer, the use may be measured at the point of discharge
by a measuring device installed by the owner at its expense after
approval of such installation and the device used by the Plumbing
Inspector. The water so measured shall not be considered in arriving
at the flow charge for sanitary sewerage services.[3]
(12)
The sewer service charge for a buildable vacant lot or parcel of land shall be assessed for each lateral if the vacant lot or parcel of land is served by one or more sewer laterals. If a vacant lot or parcel of land cannot be developed or built upon for any reasonable residential, commercial or industrial purpose as set forth in Chapter 275, Zoning, that vacant lot or parcel of land will not be required to pay a sewer service charge as long as the lot remains nonbuildable. Should the vacant lot or parcel of land be determined to be buildable at a later date for whatever reason, then a sewer service charge will be assessed for each available lateral from the time that determination is made. If an owner of a nonbuildable vacant lot or parcel of land had laterals installed or has been assessed for the laterals, the owner will not be refunded those assessed costs. Correspondingly, any quarterly sewer service charges paid prior to the effective date of this subsection or the date of determination of nonbuildability, whichever is later, will not be refunded. Under no circumstances shall this subsection be interpreted to require payment of any refund by the city.
(13)
If a parcel of land has a structure connected to the
sewer system and a second lateral is also available, but is unused,
and the parcel of land cannot be subdivided, the owner of the parcel
of land will not be required to pay a sewer service charge as long
as the lot remains undivisible. If the parcel of land becomes dividable,
then the owner of the parcel of land will be required to pay a sewer
lateral availability charge. The owner of the parcel will not be refunded
any assessed costs or any quarterly sewer service charges paid prior
to the effective date of this subsection or the date of determination
of undivisibility, whichever is later. Under no circumstances shall
this subsection be interpreted to require payment of any refund by
the city.
D.
Sewerage service charge; payment.
(1)
Bills for sewerage service are rendered quarterly
and become due and payable on the first day of the month following
the period for which service has been rendered. A late payment charge
of 1.5% per month of any outstanding bill not paid within 20 days
of issuance will be added to all overdue bills. Such late payment
charge is incurred as of the first day of each month during which
the payment is late and shall not be prorated.
(2)
If sewerage service charges, together with penalties,
if any, are not paid on or before the 15th day of November of each
year, they shall be placed on the tax roll and shall be collected
along with a penalty the same as other taxes are collected.
(3)
Except for the calendar quarter in which initial hookup
to sewer occurs, sewerage service charges shall not be prorated. When
initial hookup to sewerage service occurs, sewerage service charges
shall be prorated for the calendar quarter in which such service commences,
computing such charge to the first day of the month nearer the date
of initial hookup.
E.
Charges a lien. All charges established by or pursuant
to this section shall be a lien upon the property served pursuant
to § 66.0821(4)(d), Wis. Stats., and shall be collected
in the manner therein provided.
F.
Disposition of revenue. The amounts received from
the collection of charges authorized by this section shall be credited
to a sanitary sewerage account which shall show all receipts and expenditures
of the sewerage system. When appropriated by the Council, the credits
to such account shall be available for the payment of the requirements
for operation, maintenance, repairs and depreciation of the sewerage
system. Any surplus in the account shall be available for the payment
of principal and interest of bonds issued and outstanding, or which
may be issued to provide funds for the sewerage system or part thereof,
and all or a part of the expenses for additions and improvements and
other necessary disbursements or indebtedness, and the Council may,
by resolution, pledge such surplus or any part thereof for any such
purpose.
A.
Special assessment policy and procedure.
(1)
Method selected. The City adopts and incorporates
§ 66.0703, Wis. Stats., as the methodology for the imposition
of special assessments, reserving the right by resolution, to employ
such alternate method of assessment as allowed by § 66.0701,
Wis. Stats., either methodology to be applied in connection with the
provisions of this section. The City shall from time to time adopt
a policy and procedure to be employed in the implementation of the
provisions of this section, which policy and procedure shall be followed
to the fullest extent reasonably practicable and to the fullest extent
that such policy and procedure is consistent with this section and
the laws of the State of Wisconsin pertaining to assessments.
(2)
Preliminary resolution. Whenever the Council shall
determine that a public work or improvement shall be funded in whole
or in part by special assessments levying under this section, it shall
adopt a preliminary resolution setting forth the following:
(a)
The City Clerk shall cause notice to be given
by mailing a copy of the preliminary resolution, at least 14 days
before the proceeding is to be undertaken by the Council, to every
affected person whose post office is known, or can be ascertained
with reasonable diligence. The notice shall state the place and time
at which all persons interested, or their agents or attorneys, may
appear before the Council and be heard concerning the matters contained
in the preliminary resolution. Included with such notice, the City
Clerk shall advise that the special assessment policy and procedures
as adopted from time to time by the Common Council, and as incorporated
by reference in this Code, are available at the office of the City
Clerk for inspection.
(3)
Report of City Engineer.[1]
(a)
Whenever the Council, by preliminary resolution,
directs the City Engineer to prepare a report, the City Engineer shall
prepare a report pursuant to § 66.0703(5), Wis. Stats.
(b)
Upon completion of the report, the City Engineer
shall file a copy of the report with the City Clerk for public inspection
pursuant to § 66.0703(6), Wis. Stats.
(4)
Incorporation of statutory provisions. The provisions
of § 66.0703, Wis. Stats., including those related to notice,
hearing and the adoption of a final resolution, shall, to the extent
not inconsistent with this section, apply to special assessments levied
under this section.
(5)
Notice of hearing. Upon the completion of the report required in Subsection A(3) above, the City Clerk shall cause notice to be given stating the nature of the proposed public work or improvement, the general boundary lines of the proposed assessment district, including a map thereof, the place and time at which the report may be inspected, the place and time at which all persons interested, or their agents or attorneys, may appear before the Council or Board of Public Works and be heard concerning the matters contained in the preliminary resolution and the report. Such notice shall be published as a Class I notice, under Chapter 985, Wis. Stats.,in the city. A copy of such notice shall be mailed, at least 10 days before the hearing, to every affected person whose post office is known, or can be ascertained with reasonable diligence. The hearing shall commence not less than 10 and not more than 40 days after publication.
(6)
Final resolution levying assessments.
(a)
After hearing persons interested in the proposed
assessment levy, the Council may approve, disapprove, or modify the
proposed assessments, or it may refer the report to the City Engineer
with such direction as it deems necessary to change the plans and
specifications and to accomplish a fair and equitable assessment.
Upon approval of the report of the City Engineer, the Council shall
adopt a resolution directing that such work or improvement be carried
out in accordance with the report as finally approved and that payment
thereafter be made as therein provided as set forth in § 66.0703(8),
Wis. Stats.[2]
(b)
The City Clerk shall publish the final resolution
and mail a copy of such resolution to every interested person in accordance
with § 66.0703(8), Wis. Stats.
(7)
Waivers. The Council may, without any notice or hearing
hereunder, levy and assess the whole or any part of the cost of any
municipal work or improvement as a special assessment upon the property
benefited thereby whenever notice and hearing thereon is, in writing,
waived by all the owners of property affected by such special assessment,
as provided by § 66.0703(7)(b), Wis. Stats.
(8)
Laterals and service pipes. Whenever the Council shall
by resolution require laterals or service pipes as provided by § 66.0911,
Wis. Stats., to be constructed from the lot line or near the lot line
to the main, or from the lot line to the building to be serviced,
or both, it may provide that when the work is done by the City or
under a City contract, a record of the cost of constructing such laterals
or service pipes shall be charged and be kept and such cost, or the
average current cost of laying such laterals or service pipes, shall
be charged and be a lien against the lot or parcel served.
(9)
Special charges. Special charges for current services
rendered may be imposed by the Council pursuant to § 66.0627,
Wis. Stats.
(10)
Lien. Every special assessment levied under this section
shall be a lien against the property assessed from the date of the
final resolution of the Council determining the amount of such levy.
(11)
Appeal. Any person against whose land a special assessment
is levied under this section may appeal therefrom in the manner prescribed
in § 66.0703(12), Wis. Stats., within 90 days of the date
of mailing the final resolution pursuant to adoption by the Council.
(12)
Special assessment deferrals permitted. A deferral
of any special assessment charge may be granted by the Common Council
at the time of the adoption of the final resolution.
B.
Sewer and water main connection charge. A sewer and
water main connection charge is hereby imposed upon each lot, parcel
of land or premises abutting upon any sewer and water main against
which no assessment was made in connection with the construction and
installation of such sewer or water main unless said connection charge
is to be computed pursuant to § 66.0821, Wis. Stats. The
amount of such charge shall be computed in a like manner and in the
amount as the charges would have been made to owners of property against
which a special assessment would have been levied. At the time of
availability, the City Engineering Department, or other department
as designated by the City Council, shall exercise reasonable effort
to notify all owners who are within the area served by the improvement
of the existence of this connection charge, the provisions of this
section and such other matters as shall be deemed relevant by the
Engineering Department or the Council. Sewer or water main connection
charges may be paid in full without interest by the owner within 90
days of the time the owner is notified of availability of such service.
If not paid within 90 days, interest shall accrue from the date of
notice of availability to the date of connection, at which time payment
with accrued interest shall be made. If payment with accrued interest
is not made at the time of connection, payment shall be made in installments
over a period of years identical to the for such project or a term
as set by the Council, but not to exceed 20 years with interest on
the unpaid balance at a rate determined by the Council. The applicant
for service agrees that if such installment payments are not made
when due, the same shall be assessed against the real estate served
by such sewer or water main and collected the same as other taxes
are collected by the city. Upon connection to the public water main,
a reserve capacity assessment shall be paid by the applicant.
C.
Connection to water main.
(1)
All buildings used for human habitation and located adjacent to a municipal water main, or in a block through which a municipal water main has been extended, may connect to such water main upon notice from the water utility that such water main or mains have been installed and are available for water service. All such water main connections shall be installed in accordance with the rules and regulations of the water utility and the total cost and expense thereof shall be paid by the owner of such premises. At the option of the owner, costs exclusive of lateral charges, meter charges and reserve capacity assessment charges which shall be due immediately may be paid in annual installments over a period of years identical to the repayment period of any loan secured by the City for such project, but not to exceed 20 years as provided in Subsection B above. If an assessment has not been made against the property for installation of the water main, a connection charge shall be made against such property as provided in Subsection B above. If a connection charge is assessed against such property as provided in Subsection B above, the owner of the premises may pay such connection charge as provided in Subsection B above.
(2)
Each owner of any building constructed hereafter which
is or is required to be served by a public water utility shall comply
with the provisions of this section.
(3)
Prior to final approval of construction by the Chief
Building Inspector and issuance of any certificate of completion of
remodeling, the provisions of this section shall be complied with.
(4)
Each owner of the premises to whom this section applies
shall install or cause to be installed a conduit of at least one-half-inch
diameter from the present water meter if such is installed upon the
premises or from the area where a water meter would be installed to
the exterior of the building where other meters are located, or to
be located, or where the owner designates.
(5)
The requirements of this section shall also apply
to owners who remodel existing structures when such remodeling takes
place in an area as to permit installation of the conduit as a part
of the remodeling project. This determination shall be made by the
Chief Inspector.
(6)
Owners of existing structures shall permit installation
as determined by representatives of the City Water Utility.
(7)
The construction or deepening of private wells is prohibited on any premises to which municipal water service is available. If the owner of any premises to which water service is available shall have his private well fail for want of deepening, or construction of a new private well is required to provide water service to such premises, the owner shall be required to connect to such municipal water system. Such mandatory connection shall not apply if failure occurs to a community well which serves a number of homes in a given area or to a well upon any premises which is utilized for commercial irrigation purposes. All such water main connections shall be installed in accordance with the rules and regulations of the water utility. If no assessment has been made against the property for the installation of a water main to serve such property, a water main connection charge shall be made against such property as provided in Subsection B of this section. This section may be waived by the Common Council at the time of the adoption of the final resolution.
The Utility Manager is authorized to create,
implement and maintain regulations on the outdoor use of water provided
by the New Berlin Water Utility as may be necessary to conserve the
capacity and pressure of the water supply for the protection of the
public health, safety and welfare. These regulations may apply to,
but are not limited to, the sprinkling of lawns, gardens, shrubs and
trees, car washing, filling of swimming pools, bulk water purchases,
and installation of new lawns; designation of the days and/or hours
when they may or may not be allowed; prohibition of such uses completely
in periods of emergency; irrigation of crops; and for commercial car
washes that recycle water. These regulations are subject to approval
of the Utility Committee and shall be filed in the office of the City
Clerk.
A.
Defined. A reserve capacity assessment for municipal
water service is the amount reflecting the cost of oversizing of water
mains for extended water service and costs for additional wells and
storage facilities.
B.
Charge.
(1)
There is hereby levied against each parcel of land
serviceable by the City water system a charge according to the meter
size of the user as set forth in the City Comprehensive Impact Fee
Study Addendum A, dated March 1995, and as such report may from time
to time be updated.
(2)
Payment of such reserve capacity assessment shall
be made by the owner of the parcel of land to be served by the City
water system at the time a plumbing permit is applied for connection
to the City water system or increase in meter size.
C.
Reserve capacity assessment. If a reserve capacity assessment shall be made against a property as herein provided, and the owner thereof shall cause or be required to install a larger meter to serve the property, such owner shall pay an additional reserve capacity assessment equal to the difference between the initial charge and the larger charge required by the larger size meter, based upon the unit charges specified in Subsection B. The reserve capacity assessment shall be a lien against the property served. If a water service larger than the initial installation is required, the additional charge shall be payable by the property owner at the time a request for a plumbing permit is made.
E.
The reserve capacity assessment provided by this section
shall apply to lands where the source of water for such lands is provided
by water mains or pumping equipment of additions to the reservoir
capacity of the water system constructed by the City or the City Water
Utility and shall also apply to lands where the source of water for
such land has not been provided by the owner of such land or his predecessors
in title.
F.
The reserve capacity assessment provided by this section
shall not apply to the following described lands located in the city:
(1)
Lots in Weatherstone Subdivision and additions thereto
not to exceed 310 lots.
(2)
Land located in the New Berlin Industrial Park developed
by the city.
(3)
Regal Manors Subdivision; Regal Manors West Subdivision;
M&I Marshall & Ilsley Bank's commercial parcel lying south
of National Avenue and north of Regal Manors Subdivision; Regal Manors
North Subdivision; and land owned by M&I Marshall & Ilsley
Bank known as Georgetown or Georgetown West Subdivision lying west
and north of Regal Manors West Subdivision consisting of 61 acres
more or less with a frontage on National Avenue of approximately 1,140.41
feet, a rear width of approximately 948.91 feet, a depth of approximately
2,587.28 feet on the west and a depth of approximately 3,201.66 feet
on the east.
G.
The owner of any parcel of land located in the subdivisions referred to in Subsection F hereof who has previously paid the reserve capacity assessment shall receive a refund thereof, and any such owners who have chosen to defer payment of the assessment by placing such on the tax roll shall have such charge deleted from their real estate taxes.
H.
Payment of the reserve capacity assessment shall be made by the developer of any subdivision within the City at the time of final approval of the plat. Payment shall be computed on a per lot basis in accordance with the provisions of Subsection B hereof. Where staged development of a subdivision is approved by the City Council, payment of the reserve capacity assessment by the developer may be limited to the area of the subdivision being developed. The entire reserve capacity assessment fee for the first stage is due and payable at the time of final approval of the plat, and the entire assessment fee shall be paid for each phase subsequent to the first stage prior to the start of work on each phase. Where a lot or parcel for which payment has once been made is further divided, a reserve capacity assessment fee shall be required only for the additional lots or parcels created.
I.
The cost of any improvements under this section to
be installed along or in any street, alley or highway, or across or
in any lot or parcel of land, shall be charged to the extent of the
whole cost thereof to the property benefited thereby, and assessments
shall be made against said property under § 66.0617, Wis.
Stats. The cost assessed against any property may include, as determined
by the Common Council, the direct and indirect cost thereof, the damages
occasioned thereby, the interest on bonds or notes issued in anticipation
of the collection of the assessments for properties electing an installment
plan under § 66.0715(3), Wis. Stats., a reasonable charge
for the services of the administrative staff of the City and the cost
of any architectural, engineering and legal services, and any other
item of direct or indirect cost which may be reasonably attributed
to the proposed work or improvement. The amount to be assessed against
all property for any such proposed work or improvement shall be apportioned
among the individual parcels in the manner designated by the governing
body.
A.
Required. All buildings used for human habitation
and located adjacent to a sewer main shall connect to the main within
one year from the date of notice from the City Engineer or his designee
that such sewer main has been installed and is available for service.
All sewer main connections shall be installed in accordance with the
rules and regulations of the City and the total cost therefor shall
be paid by the owner of the premises.[1]
B.
Failure to comply. If the owner of any premises to
which sewer main connection is required, as provided in this section,
fails to make such connection within one year from the date of written
notice from the City Engineer or his designee that sewer service is
available, the City shall make such connection and the cost and expense
thereof shall be assessed as a special assessment against the property
for which the sewer connection is made, and such special assessment,
together with interest as determined by the City Council, shall be
included in and be due and payable in full with the next succeeding
tax bill from the City for real estate taxes due on the property,
unless the owner elects to pay such special assessment in cash as
hereinafter provided. The City Engineer or his designee shall give
written notice to the owner at the time such work is completed and
the owner may, within 30 days from the date of such notice, pay such
assessment in full, with no interest charged.[2]
C.
Reserve capacity assessment. There is hereby levied
against each lot or parcel of land serviceable by the City sewer system,
but not having an existing connection to the Wastewater Utility, a
reserve capacity assessment (RCA) for sewerage service. The purpose
of this RCA is to reflect the cost of oversizing of sewage mains and
the costs of additional facilities along with direct and indirect
expenses. Such RCA charge is based upon the water meter size of the
user, except if no water meter exists, it will be based on the water
meter size the user would have had if connected to the City water
system.
D.
Unit charge.
(1)
There is hereby levied against each parcel of land
serviceable by the City sewage system a charge according to the City
Comprehensive Impact Fee Study Addendum A, dated March 1995, and as
such report may from time to time be updated.
(2)
Payment of such reserve capacity assessment shall
be made by the owner of the parcel of land to be served by the City
wastewater system at the time a building permit is applied for in
connection with any new construction. Existing structures that are
not currently on the City wastewater system, but which are required
to connect to the system, shall pay the RCA at the time a plumbing
permit is issued.[3]
F.
The cost of any improvements under this section to
be installed along or in any street, alley or highway, or across or
in any lot or parcel of land, shall be charged to the extent of the
whole cost thereof to the property benefited thereby, and assessments
shall be made against said property under § 66.0617, Wis.
Stats. The cost assessed against any property may include, as determined
by the Common Council, the direct and indirect cost thereof, the damages
occasioned thereby, the interest on bonds or notes issued in anticipation
of the collection of the assessments for properties electing an installment
plan under § 66.0715(3), Wis. Stats., a reasonable charge
for the services of the administrative staff of the City and the cost
of any architectural, engineering and legal services, and any other
item of direct or indirect cost which may be reasonably attributed
to the proposed work or improvement. The amount to be assessed against
all property for any such proposed work or improvement shall be apportioned
among the individual parcels in the manner designated by the governing
body.
A.
"Cross-connection" shall be defined as any physical
connection or arrangement between two otherwise separate systems,
one of which contains potable water from the City water system and
the other contains water from a private source, water of unknown or
questionable safety or steam, gases or chemicals, whereby there may
be a flow from one system to the other, the direction of flow depending
on the pressure differential between the two systems.
B.
No person shall establish or permit to be established
or maintain or permit to be maintained any cross-connection. No interconnection
shall be established whereby potable water from a private, auxiliary
or emergency water supply other than the regular public water supply
of the City may enter the supply or distribution system of the municipality,
unless such private, auxiliary or emergency water supply and the method
of connection and use of such supply shall have been approved by the
City Water Utility and by the Wisconsin Department of Natural Resources
in accordance with § NR 111.25(3), Wis. Adm. Code.
C.
The New Berlin Water Utility shall cause inspections
to be made of all properties served by the public water system where
cross-connection with the public water system is deemed possible.
The frequency of inspections and reinspections based on potential
health hazards involved shall be established by the New Berlin Water
Utility and as approved by the Wisconsin Department of Natural Resources.
D.
Upon presentation of credentials, the representative
of the New Berlin Water Utility shall have the right to request entry
at any reasonable time to examine any property served by a connection
to the public water system of the City for cross-connections. If entry
is refused, such representative shall obtain a special inspection
warrant under § 66.0119, Wis. Stats. On request, the owner,
lessee or occupant of any property so served shall furnish to the
inspection agency any pertinent information regarding the piping system
or systems on such property.
E.
The New Berlin Water Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water services shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection F. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this section.
F.
If it is determined by the New Berlin Water Utility
that a cross-connection or an emergency endangers public health, safety
or welfare and requires immediate action, and a written finding to
that effect is filed with the City Clerk and delivered to the customer's
premises, service may be immediately discontinued. The customer shall
have an opportunity for hearing under Ch. 68, Wis. Stats., within
10 days of such emergency discontinuance.
G.
The City adopts by reference the State Plumbing Code
being Ch. H 62, Wis. Adm. Code.
A.
Purpose. To prevent unused, unsafe or noncomplying
wells from serving as a vertical channel for groundwater contamination
or as a source of unsafe water from cross-connections with the public
water supply, private wells shall be abandoned in accordance with
this section.
B.
Coverage.
(1)
All existing private wells located on any premises
presently served by the New Berlin Water Utility and which are unused,
unsafe or fail to comply with Ch. NR 112, Wis. Adm. Code, shall be
abandoned and properly filled on or before March 30, 1995.
(2)
Existing private wells located on any premises to which municipal water service is provided may continue to be used as long as a permit has been issued under Subsection C. Existing wells for which a permit has been issued under Subsection C shall be abandoned within 60 days after the expiration or revocation of a permit issued under Subsection C. All wells on private property undergoing City water conversion must be permitted within 30 days after the final inspection of the conversion work or be abandoned.
C.
Well operation permits. A renewable permit may be
granted to a private well owner, and automatically transferred to
a subsequent owner if sale occurs during a five-year permit period,
to operate a well for a period not to exceed five years if the following
requirements are met:
(1)
There is a demonstrated need for continued current
use as determined by the City Engineer. Demonstrated need shall include
all usual and customary uses of water from a private well, including
but not limited to watering of vegetation and trees, filling of swimming
pools, and human consumption. The phrase "demonstrated need" shall
be liberally interpreted to permit the retention of a private well
when all of the other requirements of this section are satisfied.
[Amended 6-19-2001 by Ord. No. 2142]
(2)
The well is safe and in compliance with Ch. NR 112,
Wis. Adm. Code.
(3)
The permit shall require, but not be limited to the
following:
(a)
Bacteriological sampling consisting of obtaining
a minimum of one safe sample must be received prior to the issuing
or reissuing of the well operation permit. The receipt of such a report
establishes that the water is safe for human consumption. The owner
shall be responsible for providing safe sample test data to the Plumbing
Inspector.
[Amended 10-14-2003 by Ord. No. 2216]
(b)
No cross-connections exist between any private
well and pump installations and the municipal water system.
(4)
If a well has a mechanical malfunction, it is deemed
usable if repaired within 60 days.
(5)
An inspection fee is paid to the office of the Plumbing
Inspector, and after a favorable inspection report, a permit will
be issued by the Plumbing Inspector in the Building, Inspection and
Zoning Department. The fee shall be on file in the office of the City
Clerk and may be adjusted by the Common Council over time to reflect
the actual costs of administering the permits.
(6)
Once a homeowner disconnects from a private well and
connects to the municipal water service, the homeowner is prohibited
from disconnecting from the municipal water service and returning
to private well use at a later date.
D.
Methods. Private wells shall be abandoned according
to the procedures outlined in Ch. NR 112, Wis. Adm. Code.
A.
Meters for multi-tenant units.
(1)
The interior plumbing systems for all new condominium
units and all new multi-tenant units shall be so configured such that
not less than one water meter shall be installed for each building,
with the building owner or condominium association being treated as
a single customer for water and sewer service purposes. Notwithstanding
the foregoing, nothing shall prevent the installation of additional
meters if requested by the property owner.
[Amended 1-17-2006 by Ord. No. 2292]
(2)
Billings for multi-tenant units shall be sent to the
owner of the property or, in the case of a condominium unit, shall
be sent to the condominium association and shall be considered as
a common expense of the condominium association under Chapter 703
of the Wisconsin Statutes. The property owner or condominium association
shall be responsible for the apportionment of said charges between
the individual units in accordance with applicable lease documents
or condominium declaration.
[Amended 1-17-2006 by Ord. No. 2292]
(3)
The impact fee for new or expanded water and sewerage
services for multi-tenant and condominium units will be calculated
on an equivalent meter size basis, subject to any amendment to said
schedule of charges and shall be paid to the City on or before November
1 in the year that the Declaration of Condominium Agreement is filed
in the County Register of Deeds or they shall be placed upon the tax
roll as provided by § 66.0627, Wis. Stats., for special
charges and fees. In the event that the new calculation results in
a negative amount, no refund will be made.
B.
Meeting facilities requirements. All buildings constructed
or subject to remodeling in the general location of the water meter
shall afford adequate space for the installation of water meter(s);
the repair, maintenance and servicing of the water meter(s) or strainer(s);
the replacement of the water meter(s); the installation of a bypass
line, if required; and any attendant appurtenant valves, fittings,
piping or other devices that may be necessary for water service and
water metering facilities. The size of the utility room as well as
the planimetric and profile drawing of the water meter room space
provided shall be approved by the Utility before water system connection
will be permitted in accordance with standards on file with the Utility.
The water meter room shall be unobstructed with water softeners, vacuum
cleaners, garbage cans, cleaning supplies or storage of other materials.
The water meter room shall have a floor drain and adequate heating
and lighting, and the Utility shall be supplied with a key to access
a locked water meter room.
[Amended 1-17-2006 by Ord. No. 2292]
C.
Prohibited acts; presumption; penalty.
[Added 1-17-2006 by Ord. No. 2292]
(1)
It shall be unlawful for any person, corporation or
other organization or entity to connect, to disconnect or adjust any
meter, pipe, hydrant or other water supply appurtenance of the City
of New Berlin Water Utility in any way whatsoever without having first
obtained all necessary permits to do so from the City.
(2)
No person, corporation or other organization shall
take or use any water from the facility of the City of New Berlin
Water Utility by any means not authorized by the Water Utility and
specifically those that do not permit that use or taking to be measured
and billed by the City.
(3)
The presentation of evidence that the acts prohibited
by this section took place on privately owned property shall create
a rebuttable presumption that those acts were done by the owners of
record of that property.
(4)
Any person, corporation or other organization who or which violates the provisions of this section shall be subject to the imposition of a forfeiture pursuant to § 1-18 of the Municipal Code of the City of New Berlin. Each violation and each day a violation continues to occur shall constitute a separate offense.
A.
Connection prohibited. No person shall connect any
building or premises with any public sanitary sewer by a drain or
connection by which rain, surface, subsurface or clear waters may
be discharged into the public sanitary sewer systems.
B.
Inspections and testing. The Plumbing Inspector and
his designates, upon identification, may enter any building or premises
supplied with public water service or sewer facilities for the purpose
of inspecting and testing all plumbing, together with all forms of
clear water drainage, to ascertain quantity, quality and condition
of sanitary and clear water sewerage facilities.
C.
Sump pits and crocks.
(1)
All building foundation drains shall terminate in
a sump pit not less than 20 inches in diameter and 24 inches in depth.
The sump crock shall project a minimum of two inches above the adjacent
finished floor. An approved ejector pump shall be maintained to be
functional. The minimum size (ejector) sump pump discharge and extensions
thereto shall be 1 1/4 inch. The vertical discharge pipe shall
be provided with a flexible joint or sound-deadening fitting.
(2)
If the Plumbing Inspector determines that a sump pit
would not be required to prevent clear water drainage into the sanitary
sewer, the requirements therefor may be waived by him.
(3)
Any sump crock which is now in use that does not project
a minimum of two inches above the adjacent finished floor or which
does not meet the size requirement as herein provided shall be accepted.
(4)
Any person who feels aggrieved by any decision of
the Plumbing Inspector with reference to the construction of a sump
pit may appeal such decision to the City Council.
D.
Sump pumps. All sump pumps installed for the purpose
of discharging clear waters from foundation drains and ground infiltration,
and where the building is not serviced by a storm sewer, shall either
discharge into a conduit leading to a drainage ditch or shall discharge
onto the ground at least three feet out from the building and one
foot above the permanent grade. The sump discharge pipe shall be to
the front of the building, except that, where a public drainage ditch,
street or drainage easement is on another side of the property, it
may be located on that side of the building at least three feet from
the corner of the building and be located in such a manner that the
drainage shall be across the owner's property toward a street or drainage
easement so as not to run on adjacent properties or create a nuisance.
E.
Garage floor drainage. Garage floor drainage may be
connected to a public sanitary sewer installed in compliance with
§ ILHR 82.11, Wis. Adm. Code.
F.
State code rules and regulations of Milwaukee Metropolitan
Sewerage Commission adopted. The provisions of §§ ILHR
82.04(8)(b), (c) and 82.12(12), Wis. Adm. Code, with reference to
stormwater and clear water disposal and the provisions of Art. V,
Rules of the Milwaukee Metropolitan Sewerage Commission, adopted May
1, 1958, as amended, are adopted and made a part of this section.
A.
Public policy. To provide for the construction of commercial, industrial, public and semipublic buildings in areas in which no public sewers are available, and where the soil conditions are such that a percolation test cannot be made which would satisfy the requirements of the Waukesha County Department of Health and the city's Plumbing Code, this section is established to allow the installation of a sewage holding tank for low flow situations and only until such time as public sewers are available. Sewage holding tanks shall be allowed for use by public and semipublic, commercial and industrial buildings as defined in Subsection B. Holding tanks shall not be allowed for residential building use except as follows.
B.
COMMERCIAL
INDUSTRIAL
PUBLIC and SEMIPUBLIC
(1)
(2)
RESIDENTIAL
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Buildings used for business purposes and permitted in business
zoned districts within the City and also other premises used principally
for business purposes irrespective of zoning category.
All buildings permitted in industrially zoned districts within
the City and industrial purposes irrespective of the zoning category.
Buildings principally of an institutional nature and serving
a public need such as:
Churches and parsonages constructed in conjunction
with a church, provided such parsonage shall be located adjacent to
the church and will be served by the same holding tanks as provides
sewage service for such church, and further that the parsonage be
constructed at the time or after such time as the church is constructed,
but in no event shall the parsonage be constructed prior to the church
building.
Schools, nursery schools, libraries, museums,
post offices, police and fire stations, public and private utilities
and other public services.
All buildings permitted in residentially zoned districts
within the City and also other premises used principally for residential
purposes irrespective of the zoning category.
C.
Percolation tests. Prior to approval for the installation
of any sewage holding tank, percolation tests and any other required
tests shall be made in accordance with the requirements of the County
Department of Health and the city's Plumbing Code, which establish
that the soil conditions are such that a septic tank treatment system,
mound-type system or other approved on-site sewerage treatment system
would not function properly in accordance with the regulations of
the County Department of Health and the city's Plumbing Code.
D.
Plans and specifications.
(1)
Plans and specifications for the installation of a
sewage holding tank shall first be submitted to the County Department
of Health for approval by the owner of the parcel upon which such
sewage holding tank is proposed to be installed.
(2)
Upon receipt of such approval, the owner of the real
estate shall submit the plans and specifications for such holding
tank to the Plumbing Inspector for his approval.
E.
Permit fee. At the time the owner submits the plans
for such holding tank to the Plumbing Inspector for approval, a permit
fee and an annual fee, for the costs and expenses incurred by the
Plumbing Inspector for the continued inspection of such holding tank
as herein provided, shall be paid by the owner to the city.
F.
Maintenance. The owner shall maintain the system at
all times in good operating condition and remove the sewage therefrom
at such times as is required to maintain such system in good operating
condition and prevent the sewage holding tank from overflowing. The
Plumbing Inspector shall make periodic inspections of the facility
and, if he or the County Health Department finds any defect in the
operation or maintenance of the system, or in the removal of sewage
therefrom, the owner shall correct the same within two days after
written notice from the Plumbing Inspector.
G.
Violations. If the City is required to remove sewage
from the sewage holding tank because of the owner's failure to do
so as required in the proper operation of the system, or be required
to repair or service the same due to any neglect or deficiency by
the owner, this shall constitute a violation of this section and such
violation, including failure of the owner to maintain the cash deposit,
letter of credit or bond as required by this section, shall then subject
the premises which are being served by the sewage holding tank to
condemnation as "unfit for human habitation or occupancy" and such
premises shall be vacated immediately.
H.
Prohibitions.
(1)
These provisions apply only to existing dwellings
and initial residential construction where construction of a mound
or other approved system has been approved by the Health Department
for Waukesha County.
(2)
An owner may submit to the City Engineer a written
request to permit construction of a holding tank for a residential
building. The City Engineer shall have the authority to grant or deny
such request.
[Amended 6-19-2001 by Ord. No. 2142]
I.
Exceptions.
(1)
Holding tanks may be permitted only where the following
factors are present:
(a)
For existing residences:
[1]
The County Health Department has found and certified
that the owner's premises have a septic system which is nonfunctioning.
[2]
The City Engineer finds that such nonfunctioning
system causes a real threat to the health, safety and well-being of
the public.
[Amended 6-19-2001 by Ord. No. 2142]
[3]
No other type of approved on-site sewage treatment
system (such as a mound system) will function properly on any portion
of the owner's premises.
(b)
For initial residential construction:
[1]
The County Health Department has found that
a conventional septic system will not function on this premises.
[2]
The City Engineer finds that the mound system will be constructed within six months from the date of obtaining the permit. Proof that the County Health Department has issued a permit or will issue such permit shall be provided. Should the owner, after receiving approval of a holding tank, fail to utilize reasonable diligence to obtain a permit or, after such permit has been obtained, fail to utilize reasonable diligence to construct an on-site sewerage treatment system, a violation of this section shall occur, which shall be punishable under the provisions of Chapter 1, General Provisions, § 1-18 of this Code.
[Amended 6-19-2001 by Ord. No. 2142]
(2)
Any holding tank permitted for a residential building
shall thereafter be approved, constructed and maintained in accordance
with all of the other requirements of this section.
(3)
It is the intent of the City that holding tanks not
be permitted for residential buildings except where the foregoing
criteria exist.
(4)
When municipal sewers become available, any holding
tanks permitted shall be disconnected and connection made to the municipal
sewer as required by other sections of this Code, state law or the
Wisconsin Administrative Code requirements.
[Added 4-13-2004 by Ord. No. 2227]
A.
Prohibition of clear water infiltration. All property
within the City of New Berlin which is served by connection to public
sanitary sewers maintained and operated by the City of New Berlin
shall:
(1)
Disconnect stormwater inflow sources to public sanitary
sewers maintained and operated by the City;
(2)
Disconnect nonstormwater inflows from storm water
sewers maintained and operated by the City;
(3)
Maintain the integrity of all laterals and private
main sewers otherwise permitted to be connected to the public sanitary
sewer system to preclude clear water infiltration and inflow into
such laterals and private main sewers; and
(4)
Reconnect or relocate any such disconnected inflows
in compliance with City rules and applicable building codes or other
relevant codes. Any infiltration and inflow sources required to be
disconnected or otherwise eliminated pursuant to this section constitutes
a public nuisance subject to injunctive relief and abatement by the
direct action of the City after 10 days' written notice to the property
owner. The cost of the remediation shall be imposed as a special assessment
against the property pursuant to § 66.0627, Wis. Stats.
B.
General inspections.
(1)
The City of New Berlin may engage in inspections of
all properties served by the municipal sanitary sewer system within
the City of New Berlin from time to time to determine compliance with
this section and shall conduct testing and inspections, including,
but not limited to, closed circuit TV and low-pressure air tests of
sewer laterals and private main sewers and visual inspections and
dyed-water testing of basement clear water plumbing system or components,
foundation drains, down spouts, yard drains and sump pumps. Said regular
inspections shall occur at a frequency of not more than once every
10 years.
(2)
In the event that any deficiencies are found during
the course of an inspection which would violate the provisions of
this section or the City Plumbing Code,[1] the property owner shall obtain the appropriate plumbing
permit and correct all violations. Until corrected, said violations
shall be considered a public nuisance and may result in the imposition
of fines or forfeitures and/or injunctive relief and/or the repair
or correction of the deficiency with the cost of said repair being
assessed as a special charge against the property pursuant to § 66.0627
Wis. Stats., or otherwise provided hereunder.
C.
Authorization to provide financial assistance.
(1)
The City may use utility funds in any extent permitted
by their terms as well as loans, grants or other monies from appropriate
county, state or federal funds for the following:
(a)
The cost of disconnections, reconnections or
relocations required by this section performed by the City or under
contract with the City, including the inspection of properties as
provided for hereunder after the City, pursuant to its rules, has
performed the work and after the City has received from the property
owner a statement releasing the City from all liability with respect
to the work.
(b)
Payments to the property owner or a contractor
hired by the property owner pursuant to a competitive bidding process
for the cost of disconnections, reconnections or relocations required
by this section after the City, pursuant to its rules, has inspected
the work to be performed and after the City has received from the
property owner a statement releasing the City from all liability in
connection with the disconnections, reconnections or relocations.
(2)
Except as provided hereunder, the City may require,
under its rules regarding disconnections, reconnections or relocations
of sewer and other clear water discharge sources, the reimbursement
of monies expended pursuant to the foregoing subsection by either
of the following methods:
(a)
A charge to the property owner in the amount
of the payment made pursuant to the foregoing subsection for immediate
payment in installments with interest as determined by the City not
to exceed the maximum amount of interest permitted by law, which payments
may be billed as a separate item with rents charged to that owner
for use of the sewers. The City may approve installment payments for
a period of not more than ten years. The charges are to be paid, and
the City shall certify to its condition and the County Treasurer the
total of the charges to be paid in installments and the number of
installments to be paid, the identity of the parcel of the property.
Such charges shall be a lien on the property from the date that they
are placed on the tax roll and shall be collected in the same manner
as other taxes pursuant to § 66.0703, Wis. Stats.
(b)
The City may adopt a resolution specifying a
maximum amount of the costs of any disconnection, relocation, reconnection
or testing required pursuant to this section which may be paid by
the City for each affected property without requiring reimbursement.
The City, by rule, shall establish criteria for determining how much
of allowable costs for each qualifying parcel may be reimbursed. Disconnections,
reconnections, relocations or testing required under this section
that are performed by a contractor under contract with the property
owner shall not be considered a public improvement as defined under
the State Competitive Bidding Laws, including, but not limited to,
§ 62.15, Wis. Stats., as amended.
[Added 3-10-2009 by Ord. No. 2405]
A.
The City of New Berlin does hereby establish a utility
urban service area boundary as set forth in the map which was approved
by the Common Council on February 24, 2009, which map is on file with
the City of New Berlin Department of Community Development. No water
or sewer utility service shall be provided to properties outside of
the urban service area boundary.
B.
No amendment of the urban service area boundary may
be permitted without review and recommendation by the New Berlin Plan
Commission and the New Berlin Utility Committee. The approval of such
an amendment shall require a three-fourths vote of the members elect
of the Common Council.
