A.
The management of stormwater and other surface water
discharges within and beyond its border is a matter that affects the public
health, safety and welfare of the Village, its citizens and businesses and
others in the surrounding area.
B.
Failure to effectively manage stormwater and other surface
water discharge from already developed and vacant property may create, among
other things, erosion of lands, threaten businesses and residences with water
damage and create sedimentation and other environmental damage.
C.
The Village's stormwater management system, which
provides for the regulation, collection and disposal of storm and surface
water discharge, is of benefit and provides services to all real property
within the incorporated Village limits.
D.
The costs of operating and maintaining the Village's
stormwater management system, ensuring regulatory compliance and financing
necessary plans, studies, repairs, replacement, improvements and extension
thereof should, to the extent practicable, be allocated among property classes
in proportion to the contribution to the system from each property class.
E.
The final report entitled "Stormwater Service Charge
Study, Village of Elm Grove, Waukesha County, Wisconsin August/2004" prepared
by Ruekert & Mielke, Inc., is hereby declared to constitute the study
and description of the analytical determinations that demonstrate a rationale
basis for the enactment of this ordinance.
In order to protect the health, safety and welfare of the public, there
is hereby established the Village of Elm Grove Stormwater Management Utility.
As used in this chapter, the following terms shall have the meanings
indicated:
The costs of general management and administration of the Stormwater
Management Utility, development plan and erosion control plan review, and
compliance with the requirements of Wisconsin Administrative Code Chapter
NR 216, including, but are not limited to, the following:
Wages, salaries and related employee expenses for management and administration
of the Utility, together with fringe benefits and premiums paid on such wages
and salaries for the state worker's compensation coverage.
Utility billing and accounting expenses.
Office supplies.
Permit fees.
Consultant and legal fees.
The Village Board of the Village of Elm Grove.
The cost of acquiring, purchasing, leasing, planning, designing,
constructing, extending and improving all or any part of the stormwater management
system and any principal, interest or premiums on any indebtedness incurred
for these purposes.
All annual principal and interest requirements and obligations of
the Village that relate to stormwater management system improvements.
An amount of impervious surface area on a lot or parcel that is equivalent
to the amount of impervious surface on a typical developed single-family residential
lot. The square feet of impervious surface area per ERU shall be as established
by the Village Board from time to time by resolution and set forth in a Stormwater
Utility Rate Table.
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 asphalt, concrete, streets, roofs, sidewalks,
parking lots and other similar surfaces.
All direct and indirect costs, excluding debt service and other capital
costs, necessary to ensure adequate drainage and control of storm and surface
waters on a continuing basis and assure optimal long-term function of stormwater
management system facilities. O&M costs may include expenses for, but
not limited to, the following purposes:
Wages and salaries and related employee expenses for operating and maintenance
of the stormwater management system, and supervisory personnel, together with
fringe benefits and premiums paid on such wages and salaries for the state
worker's compensation coverage.
Fuel and other operating supplies.
Repairs to and maintenance of the equipment associated therewith.
Premiums for hazard insurance.
Premiums for insurance providing coverage against liability for the
injury to persons and/or property.
Rents and leasing costs.
Operation, licensing and maintenance costs for trucks and heavy equipment.
Consultant and legal fees.
Replacement costs.
Expenditures for obtaining and installing equipment, accessories
and appurtenances which are necessary during the useful life of the stormwater
management system to maintain the performance for which such system was designed
and constructed.
A sewer that carries storm and surface drainage but excludes domestic
wastewater and industrial wastes.
Any activities undertaken by the Village of Elm Grove for the collection,
transportation, storage, treatment and disposal of storm and surface water
and for the reduction or elimination of pollutants in storm and surface water,
including, but not limited to administration, operation and maintenance of
the stormwater management system and Utility, constructing stormwater sewerage
facilities and complying with the requirements of the Wisconsin Statutes and
Administrative Code.
Any plant, facilities, fixtures or equipment owned or leased by the
Village for the collection, transportation, storage, treatment and disposal
of stormwater and surface water. Such facilities may include, without limitation
by enumeration, surface and underground drainage conduits of any type, storm
sewers, watercourses, retaining walls and ponds and such other facilities
as will support a stormwater management system.
Charges imposed on properties in the Village to recover the administrative,
operating, maintenance and capital costs relating to stormwater management
facilities benefiting properties in the Village. Stormwater service charges
may include user charges or any other special fees and charges that may be
required to provide for an equitable sharing of Utility costs by properties
in the Village.
The Stormwater Management Utility of the Village of Elm Grove.
The Village of Elm Grove.
The application of this chapter, its rules, regulations and rates, shall
apply to all real property within the incorporated limits of the Village.
A.
Facilities. The Village, through the Stormwater 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 Village to be proper and reasonably necessary for a system
of storm and surface water management. These facilities may include, without
limitation by enumeration, surface and underground drainage facilities, storm
sewers, watercourses, retaining walls and ponds and such other facilities
that will support a stormwater management system.
B.
Rates and charges. The Village, through the Stormwater
Management Utility, may establish such rates and charges as are necessary
to finance planning, design, construction, maintenance and operation of the
facilities, regulatory compliance and administration of the Utility in accordance
with the procedures set forth in this ordinance.
C.
Budgeting. The Village, through the Stormwater Management
Utility, shall prepare an annual budget, which is to include all administrative,
regulatory compliance, operation and maintenance costs, debt service and other
costs related to the operation of the Stormwater Management Utility. All costs
shall be allocated amongst users of the stormwater management system as recommended
by the Finance Committee and determined by the Board.
D.
The Village may utilize the full authority provided in
§ 66.0821, Wis. Stats, with respect to financing methods, user charges
and other matters therein dealt with and shall have all legal authority permitted
for municipal utilities to impose reasonable charges for services.
A.
The oversight of the Stormwater Management Utility is
hereby vested in the Village Board. The Board shall direct and delegate the
management and operation of the Stormwater Management Utility to Village staff
and shall prescribe the functions thereof as may be necessary to operate and
manage the Stormwater Management Utility.
B.
The Public Works/Utility Committee, appointed in accordance with Village of Elm Grove Code § 80-3A(5), shall make recommendations to the Village Board concerning the operation of the Utility.
C.
The Finance Committee of the Village Board, in consultation
with the Public Works/Utility Committee, shall make recommendations to the
Village Board concerning the Utility budget, service charge rates and expenditures.
D.
The Village Board shall establish a Stormwater Management
Fund, which shall be used for collection of revenues and payment of expenses
relating to the Utility. Any excess of revenues over expenditures in a year
shall be retained by the Fund for subsequent years' needs.
E.
All Utility receipts shall be collected and accounted
for by the Village Treasurer.
F.
The Village Board shall cause an annual audit of the
books of the Stormwater Management Utility to be made and shall make the books
and records relating to the Utility available for inspection during regular
business hours.
