There is hereby established a uniform system of stormwater service charges
that shall apply to each and every lot or parcel within the Village. It shall
be the policy to establish stormwater service charges in such amount in order
to pay for all or a part of the following costs relating to the Utility: operation
and maintenance (O&M); administrative; contributions to a replacement
and capital improvement fund; and debt service, including debt retirement,
debt service reserves and coverage requirements. The Board may establish and
modify stormwater service charges as necessary so as to assure that the charges
generate adequate revenues to pay the costs of the stormwater management program
and that costs are allocated fairly and proportionately to all parcels in
the Village.
Stormwater service charges may include the following components:
A.
User charge. A user charge may be imposed on all property
that has impervious surface area. The charge to each parcel shall be based
upon the number of ERUs assigned to the parcel. The user charge for each parcel
shall be equal to the product of the user charge rate in terms of dollars
per ERU and the number of ERU's assigned to the parcel.
B.
Special charge. A special charge may be imposed on property
that is in an area specially benefited by a particular stormwater management
facility. This charge will be developed to reflect the benefits in a particular
area that may not be appropriate to allocate to property throughout the Village.
C.
All stormwater service charge rates shall be established
from time to time by resolution of the Village Board and set forth in a Stormwater
Utility Rate Table attached thereto.
B.
ERU's shall be calculated for each classification
as follows:
(1)
Single-family and duplex residential: one ERU per dwelling
unit.
(2)
Condominium residential. The Village Manager shall be
responsible for determining the total impervious area of each condominium
parcel based on the best available information, including, but not limited
to, data supplied by the Village Engineer, Village Assessor, Building Inspector
or Planning and Zoning Administrator, aerial photography, the property owner,
tenant or developer or actual on-site measurement. The total impervious area
of the parcel shall be divided equally among the condominium units to determine
the square feet of impervious area per unit. This amount shall be divided
by the number of square feet per ERU as established by the Village Board and
set forth in the Stormwater Utility Rate Table to determine the number of
ERUs to assign to each unit, except that in no case shall a condominium unit
be assigned less than 0.5 ERUs. The number of ERUs per unit shall be rounded
to the nearest 0.5 ERUs.
(3)
Multifamily residential. The Village Manager shall be
responsible for determining the impervious area of each multifamily residential
parcel based on the best available information, including, but not limited
to, data supplied by the Village Engineer, Village Assessor, Building Inspector
or Planning and Zoning Administrator, aerial photography, the property owner,
tenant or developer or actual on-site measurement. The total impervious area
of the parcel shall be divided by the number of square feet per ERU as established
by the Village Board and set forth in a Stormwater Utility Rate Table to determine
the number of ERUs, except that in no case shall a multifamily parcel be assigned
less than 0.50 ERUs per dwelling unit. The number of ERUs shall be rounded
to the nearest 0.50 ERUs.
(4)
Nonresidential property. The Village Manager shall be
responsible for determining the impervious area of each nonresidential parcel
based on the best available information, including, but not limited to, data
supplied by the Village Engineer, Village Assessor, Building Inspector or
Planning and Zoning Administrator, aerial photography, the property owner,
tenant or developer or actual on-site measurement. The total impervious area
of the parcel shall be divided by the number of square feet per ERU as established
by the Village Board and set forth in a Stormwater Utility Rate Table to determine
the number of ERUs to assign to the parcel. The number of ERUs per parcel
shall be rounded to the nearest 0.50 ERUs.
(5)
Undeveloped property. For any lot or parcel that has
no impervious surface area, no ERUs shall be assigned for purposes of imposing
user charges under this chapter.
C.
New construction. For all classifications other than
single-family and duplex residential, the construction of new or expanded
buildings, driveways or other structures shall be subject to an increase in
the number of ERUs assigned to a lot or parcel. The Village shall recalculate
the number of ERUs upon completion of new construction.
The amount of the charge to be imposed for each classification shall
be made by resolution of the Village Board. The current rates will be set
forth in a Stormwater Utility Rate Table and kept on file in the office of
the Village Clerk. The rates shall be reviewed by the Village Board on an
annual basis and adjusted as necessary.
A.
User charges for residential users shall be billed in
advance on an annual basis. All commercial users shall be billed on a quarterly
basis. Payment of commercial bills shall be made within 25 days of mailing
by the Village. In the event that such bill is not paid when due, a penalty
of 1.5% per month on the unpaid balance shall be added thereto. All bills
shall be payable at the office of the Village Treasurer, 13600 Juneau Boulevard,
Elm Grove, Wisconsin 53122.
B.
The property owner is held responsible for all stormwater
service charges on real property that s/he or it owns. All stormwater bills
and notices of any nature relative to the stormwater management program will
be addressed to the owner and delivered to the addressee by first class mail.
C.
Reasonable care will be exercised in the delivery of
stormwater service charges bills. A failure to receive a stormwater service
charges bill, however, shall not relieve any person of the responsibility
for payment of stormwater service charges within the prescribed period nor
exempt any party from any penalty imposed for delinquency in the payment thereof.
D.
Unpaid stormwater service charges shall be a lien upon
the property served and shall be enforced as provided in § 66.0809(3),
Wis. Stats.
A.
The stormwater service charge, a determination of ERUs
or ERU credits may be appealed by filing a written appeal with the Village
Manager prior to the due date if not paid or within 30 days of payment. The
appeal shall specify all bases for the challenge and the amount of the stormwater
service charge the appellant asserts is appropriate. Failure to timely file
an appeal waives all right to contest such charge.
B.
The Village Manager shall determine whether the stormwater
charge is fair and reasonable or whether an adjustment or refund is due the
appellant. The Village Manager may act with or without a hearing and shall
inform the appellant in writing of his or her decision.
C.
The appellant has 30 days from the decision of the Village
Manager to file a written appeal to the Village Board. The written appeal
shall specify all grounds constituting the basis of the appeal of the Village
Manager's decision and shall again state the amount of the charge that
the appellant considers to be appropriate. The appeal must specifically address
the determination of the Village Manager.
D.
The Village Board shall review said written appeal and
shall determine whether the stormwater charge is fair and reasonable or whether
an adjustment or refund is due the appellant. The Village Clerk shall provide
five business days' prior written notice of the time and place of the
Board's consideration of the appeal to the owner at the address listed
in the appeal. The Board shall base its decision on the record submitted to
it at its meeting. The Village Clerk shall notify the appellant in writing
of the Board's determination by first class mail addressed to the owner
using the address listed in the appeal.
E.
If as a result of any appeal a refund is due the owner,
such refund shall be applied as a credit on the owner's next stormwater
charge bill.
