ORDINANCE 477 AN ORDINANCE TO CREATE SECTION 1 OF THE CODE
OF GENERAL ORDINANCES OF THE
VILLAGE OF SILVER LAKE, KENOSHA COUNTY, WI
TO IMPOSE STORM WATER CHARGES BASED UPON
EQUIVALENT RUNOFF UNITS
STORM WATER ORDINANCE
Sec. 1 Generally.
1-1 Creation Authority
(a)
Creation.
There is hereby created and established a storm water
ordinance for the Village of Silver Lake. The implementation and
oversight of the storm water ordinance shall be under the supervision of
the Public Works and Buildings Committee.
(b)
Authority.
The Village, acting through the Public Works and
Buildings Committee, may without limitation due to enumeration, acquire,
construct, lease, own, operate, maintain, extend, expand, replace, clean,
dredge, repair, conduct, manage and finance such facilities, operations and
activities, as are deemed by the Village to be proper and reasonably
necessary for a system of storm water and surface water management.
These facilities may include, without limitation due to enumeration,
surface and underground drainage facilities, sewers, watercourses,
retaining walls, ponds, streets, roads, ditches and such other facilities as
will support a storm water management system.
(c)
Definitions. For purposes of this article, the following definitions shall
apply:
Developed property means property that has been altered from its natural state by
the addition of any improvement, such as a building, structure or impervious surface and
where a certificate of occupancy has been issued, or upon completion of construction or
final inspection if no such certificate is issued; or where construction of an improvement
is at least 50 percent complete and construction is halted for a period exceeding three
months.
Dwelling unit means any residential space identified for habitation by the building
code. A dwelling unit includes, but is not limited to; single family residences, and multifamily apartments, condominiums, or townhouse living units.
Equivalent runoff unit or ERU is defined as 3870 square feet of impervious area.
The impervious area includes, but is not limited to, all areas covered by structures, roof
extensions, patios, porches, driveways and sidewalks.
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Impervious area or impervious surface means a surface that 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, paved streets, driveways, roofs, sidewalks, parking lots,
brick pavers and other similar surfaces constructed of impervious materials such as
concrete, asphalt, etc. Compacted gravel is considered as impervious area.
Non-residential property means any developed lot or parcel not exclusively
residential as defined herein, including but not limited to, transient rentals (such as hotels
and motels), multifamily buildings with more than one unit, commercial, industrial,
institutional, governmental property.
Residential property means any lot or parcel developed exclusively for residential
purposes including, but not limited to, single family homes, manufactured homes, and
condominiums. In the case of private ownership of individual residential units existing in
multiple family buildings or developments, each dwelling unit shall be assigned a
separate ERU.
Storm Water Commission shall mean the three member board appointed by the
Village of Silver Lake Village Board to manage storm water activities within the Village,
(i.e.), (SWC).
Undeveloped property means property which has not been altered from its natural
state by the addition of any improvements such as a building, structure, or impervious
surface.
Sec. 1-2 Rates and Charges/Appeals Procedure.
RATES AND CHARGES
(a)
The basis for computation of the charge for storm water services to all lots
and parcels of land within the Village is established under this section. The
amount of charge to be imposed, the establishment of formulas for the calculation
of charges, the creation of customer classifications for the imposition of charges,
and changes in such charges, formulas and customer classifications may be made
by further resolution of the Village Board following a recommendation by the
Public Works Committee. All charges established pursuant to this section shall
be fair and reasonable. A schedule of current charges shall be maintained on file
in the office of the Village Clerk.
(b)
Charges shall be imposed to recover all or a portion of the costs of the
storm water management activities. Such charges, which shall be established
pursuant to further resolution of the Village Board, may include the following
components:
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Base Operational Charge applied to Undeveloped Parcels
A base operational charge will be imposed on all undeveloped properties
in the Village. The base operational charge is established in recognition of
the fact that all properties in the Village receive services from the
Village’s storm water management activities and contribute to some
degree to the storm water runoff that must be managed by the Village.
The base operational charge will be equivalent to 0.5 ERU.
ERU Charge
An equivalent runoff unit charge (1 ERU) will be imposed on all property
containing impervious surface. Non-residential properties containing
impervious area will be charged multiples of the ERU, but no less than 1
ERU, based on the impervious area of the property.
(c)
The Village Board may establish rates and classifications by further
resolution as will be likely to provide a reasonable and fair distribution of costs
for storm water management. In the event the owner and non-owner users of a
particular property are not the same; the liability for the charges attributable to
that property shall be that of the owner.
(d)
The charges established will be billed to the customer at the same time and
in the same manner as the Village tax bill as an additional fee for storm water
services. Such charges shall be payable in the same manner as a tax bill. Bills for
storm water charges shall be mailed to the owner of the property to which the bill
relates. Payment is due with the first tax installment.
(e)
All storm water service charges shall be billed and collected, and shall be
a lien upon the property served under the provisions of Wis. Stats. § 66.0809, as
amended and/or renumbered.
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APPEALS PROCEDURES
Adjustments for ERU charges
(1)
The Village elects not to be subject to the administrative review
provisions contained within Wis. Stats. ch. 68, and establishes the
following as a complete and final review procedure: As a condition
precedent to challenging any storm water utility charge, the charge must
be timely paid in full with the property owner’s real estate taxes, under
protest to the Village. Any appeal should be presented in written form to
the Public Works and Buildings Committee. The appeal shall specify all
grounds for challenge to the amount of the charge and shall state the
amount of charge that the appellant considers to be appropriate.
(2)
Requests for adjustments of the ERU’s allocated to a parcel of
property shall focus upon the calculation of ERU’s based upon the amount
of impervious area or impervious surface on the property. The Public
Works and Buildings Committee shall have the authority to administer the
procedures and standards for the adjustment of ERU’s as established in
this section.
(3)
A customer may at any time, subject to the conditions herein
provided, submit a written request seeking an adjustment of the ERU’s
allocated to a parcel or property, which shall describe in detail the grounds
upon which relief is sought.
(4)
A customer requesting adjustments may be required, at their own
expense, to provide supplemental information to the Public Works and
Buildings Committee including, but not limited to, survey data approved
by a registered land surveyor. Failure to provide such information within
a 30 day time period may result in denial of an adjustment request.
(5)
Following submission of a completed adjustment request and all
required information, the Public Works and Buildings Committee shall
have 30 calendar days within which to render a written decision. In
considering an adjustment request, the Public Works and Buildings
Committee shall consider whether the calculation of the ERUs for the
property are correct.
(6)
The Public Works and Buildings Committee decision shall be
mailed to the address provided on the adjustment request by first class
mail and notification shall be complete upon mailing.
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(7)
Appeal of the Public Works and Buildings Committee decision
concerning an ERU adjustment request shall be in writing and shall
specify the grounds for challenging the Public Works and Buildings
Committee decision. Appeals shall specifically address the Public Works
and Buildings Committee conclusions and shall not merely repeat the
grounds for the initial adjustment request. Appeals shall be made to the
Village Board and shall be submitted within 30 calendar days after date of
mailing of the Public Works and Buildings Committee decision. Failure
to timely and properly appeal shall deprive the customer of having the
Village Board hear the appeal and/or have further action by the Zoning
Board of Appeals.
(8)
The Village Board will review and reply in writing to appeals no
later than 30 days after receiving the customer’s appeal in writing.
(9)
If the appeal is not satisfied at the Public Works and Buildings
Committee review or the Village Board review, then the appeal should
formally go before the Zoning Board of Appeals. The Appellant must
issue a letter to the Zoning Administrator to schedule a hearing before the
Zoning Board of Appeals. A written notice of hearing shall be mailed to
the Appellant not less than 20 days prior to the actual hearing. The
Zoning Board of Appeals shall take evidence at any hearing on Appeal
which may consist of some or all of the following: sworn testimony and
documentary evidence, including but not limited to, learned treatises,
public records and other documents the Zoning Board of Appeals desires
both relevant and trustworthy. Following the hearing the Zoning Board of
Appeals shall mail to Appellant, “Findings of Fact and Decision” within 5
business days following said hearing. This notice shall contain the Zoning
Board of Appeals’ decision and a short synopsis of the basis for that
decision.
(10) Appeals of the Zoning Board of Appeals’ decision be determined
by the procedures prescribed Wis. Stat. 62.23(7) (e).
(11) If the result of any appeal or judicial review pursuant to Wis. Stats.
62.23(7)(e) is that a refund is due, it will be payable by the Village to
Appellant within 30 days of the written determination. Any further
resulting adjustment will appear on subsequent bills.
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Alternative method to collect storm water charges.
In addition to any other method for collection of the charges established
under this article or subsequent resolution, storm water charges may and are
hereby authorized to be levied and imposed on property as a special charge
pursuant to Wis. Stats § 66.0627. The mailing of the bill for storm water utility
charges to a property owner shall serve as notice to the property owner that failure
to pay the charges when due may result in the charges being imposed pursuant to
the authority of Wis. Stats. § 66.0627. The procedures contained therein shall
govern such notice and further collection procedures.
Budget excess revenues.
Storm water finances shall be accounted for in a separate storm water
fund. The Public Works and Buildings Committee shall prepare an annual
budget, which shall include all maintenance costs, debt service and other costs
related to the operational activities of the Storm Water Utility. The budget is
subject to approval by the Village Board. The costs shall be spread over the rate
classifications as determined by the Village Board. Any excess of revenues over
expenditures in a year will be retained by the fund for subsequent years' needs.
Penalty
A person convicted in the Village municipal court (or other municipal
court) or the circuit courts of the State of Wisconsin, of violating any provision of
this article shall, upon conviction, pay forfeiture not less than $50.00 and not
more than $1,000.00 for each offense, plus costs and assessments. Each day a
violation exists shall constitute a separate offense.
Introduced: September 17, 2008
Passed by the Village Board of the Village of Silver Lake, Kenosha County, Wisconsin,
this 1st day of October 2008.
Attest:
Village of Silver Lake, Kenosha County
________________________
By:_____________________
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