§ 2-151. Stormwater management fees.

(a)

Findings and determination. It is found, determined and declared as follows:

(1)

The management of stormwater quality and other surface water discharges within the Raymond Stormwater Utility District is a matter that affects the health, safety and welfare of the town, its citizens and businesses.

(2)

Failure to effectively manage stormwater quality may create among other things, erosion of lands, damage to homes and businesses, create sedimentation and environmental damages to waterways within the Raymond Stormwater Utility District.

(3)

A system for the collection, conveyance, storage, treatment and disposal of stormwater provides services to all properties within the Raymond Stormwater Utility District and surrounding areas.

(4)

Failure to effectively manage stormwater contributes to the further degradation of the water quality in area water bodies.

(5)

In order to protect the health, safety and welfare of the public the town board authorizes the establishment of a fee in connection therewith.

(6)

The town is acting under the authority contained in Wis. Stats. chs. 60 and 66.

(7)

Those elements of the Raymond Stormwater Utility District which provide for the management of stormwater and the improvement of stormwater quality are of benefit to all real property within the Raymond Stormwater Utility District.

(8)

The costs of operating and maintaining the Raymond Stormwater Utility District and financing land acquisition, necessary repairs, replacement, improvements and extension thereof should, to the maximum extent practicable, be allocated in direct relationship to the contributions to the demand for stormwater management services.

(9)

The fees established herein bear a reasonable relationship to the service provided by the Raymond Stormwater Utility District.

(10)

The area of impervious surfaces on each property is the most important factor influencing the cost of the stormwater management services, systems and facilities provided by the Raymond Stormwater Utility District or to be provided in the future, and the area of impervious surfaces on each property is therefore the most appropriate parameter for calculating a periodic stormwater management fee.

(11)

The existence of privately owned and maintained on-site or off-site systems, facilities, activities or assets which significantly reduce or otherwise mitigate the impact of a particular property on the Raymond Stormwater Utility District's cost of providing stormwater management services and/or stormwater management systems and facilities should be taken into account to reduce the stormwater management fee on that property either in the form of a direct reduction or credit, and that such reduction or credit should be conditional upon continuing provision of such services, systems, facilities, activities or assets in a manner complying with the standards and codes as determined by the town board and as set forth herein.

(b)

Purpose. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the Raymond Stormwater Utility District to collect charges from all users of the Raymond Stormwater Utility District stormwater collection system. The proceeds of such charges will be used to fund the management of Raymond Stormwater Utility District's stormwater system, including investment in the maintenance and improvement of existing infrastructures, and other improvements to the system that will reduce urban non-point source pollution in stormwater run-off consistent with federal and state regulations.

(c)

Management.

(1)

The rules, regulations and rates hereinafter set forth shall be considered part of the regulations applicable to every property in the Raymond Stormwater Utility District. Said rules, regulations and rates may be changed from time to time as determined by the town board and the right is reserved to make special rates and contracts in all proper cases.

(2)

The town board shall place within the Raymond Stormwater Utility District the responsibility for operation, maintenance and regulation of the existing stormwater management services, systems and facilities that are within the Raymond Stormwater Utility District that were previously performed, operated or maintained by the Town of Raymond, and other related assets, including, but not limited to, properties, other than road rights-of-way, upon which such stormwater management systems and facilities are located, easements, rights-of entry and access and certain equipment used solely for stormwater management. This responsibility shall be placed primarily with the Raymond Stormwater Utility District Commission, subject to oversight by the town board.

(3)

The cost of any convenience, service or public improvement provided by the Raymond Stormwater Utility District not paid for by special assessment shall be paid from the Raymond Stormwater Utility District fund under subsection (4), below.

(4)

In lieu of stormwater management fees created by this section, the fund of the Raymond Stormwater Utility District may be provided by taxation of the property in the Raymond Stormwater Utility District, upon an annual estimate of the utility district's budget by the town chair, filed by October 1, which is to include all operation, education, capital improvements and maintenance costs, debt service and other costs related to the operation of the stormwater utility. Separate account shall be kept of the fund.

(d)

The town board shall cause an annual audit of the books of the Raymond Stormwater Utility District to be made and the books and records relating to the Raymond Stormwater Utility District shall be available for inspection during regular business hours.

(e)

Definitions. Unless the ordinance specifically indicates otherwise, the meaning of terms used in this section shall be as follows:

(1)

Extension and replacement means all costs of extension, addition, and capital improvements to the system, the renewal and replacement of capital assets or purchase and installation of new equipment for the system, or land acquisition for the system, or any related costs thereto, or payment for extraordinary maintenance and repair, including the costs of construction, or any other expenses which are not costs of operation and maintenance.

(2)

Fiscal year means a 12-month period commencing on the first day of January of any year.

(3)

Impervious area or impervious surface means a horizontal surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, gravel, as well as streets, roofs, sidewalks, parking lots, and other similar surfaces.

(4)

Operating budget means estimated revenues and the estimated costs for operations and maintenance, extension, and replacement of the system for each fiscal year.

(5)

Operation and maintenance means the current expenses, paid or accrued, of operation, maintenance, and current repair of the system, as calculated in accordance with sound accounting practice and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, the cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be in accordance with sound accounting practice.

(6)

Rate means the amount and calculation of the Stormwater Management Fee to be assessed and collected in any given year, as determined by the town board for each fiscal year.

(7)

Revenues mean all rates, fees, assessments, rentals, fines or other charges or other income received by the town in connection with the management and operation of the system, including amounts received from the investment or deposit of moneys in any fund or account, as herein required, and any amounts contributed by the town, all as calculated in accordance with sound accounting practices.

(8)

Stormwater management fee means the charge established by the town board on property in the town to pay for operations and maintenance, and extension and replacement for the stormwater system.

(9)

Stormwater system or system means the existing stormwater collection system of the town and all improvements thereto which by this section are constituted as the property and responsibility of the town to be operated as an enterprise to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system.

(10)

Town means the Town of Raymond.

(11)

Town board means the town board of the town.

(f)

Disposition of revenue.

(1)

The stormwater management fees hereunder shall generate adequate annual revenues to pay costs for the planning, construction, operation and maintenance of current and future stormwater facilities, the cost of capital improvements to the Raymond Stormwater Utility District stormwater system, street sweeping costs, water quality protection costs, NR216 stormwater permit costs, administrative costs, and all other costs and expenses related to stormwater management in the Raymond Stormwater Utility District.

(2)

Fiscal year-end balances in the account shall be carried over to the same account in the subsequent fiscal year and shall be used for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the Raymond Stormwater Utility District shall be returned to their respective accounts upon appropriate adjustment of the user fee rates. The user fee rate shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

(g)

Stormwater management fees and rates.

(1)

Stormwater management fee. The town board shall require that adequate revenues are generated through stormwater management fees to provide for a balanced operating budget for the Raymond Stormwater Utility District. The town board hereby authorizes the imposition of stormwater management fees on all property in the Raymond Stormwater Utility District as provided in this section.

(2)

Rates. The town board will establish rates for each fiscal year. All rates established by the town board will be fair and reasonable and calculated to achieve a balanced operating budget for the system. Current rates will be on file in the office of the town clerk and town treasurer. Such charges may include one or both of the following components, as determined annually by the town board:

Base charge. A base charge may be imposed on all property in the Raymond Stormwater Utility District. A base charge recognizes the fact that all properties in the Raymond Stormwater Utility District benefit from the stormwater management activities of the Raymond Stormwater Utility District and that all properties contribute to the stormwater discharge that must be managed by the Raymond Stormwater Utility District. A base charge shall be assessed primarily to collect the administrative costs of the Raymond Stormwater Utility District, but may also include capital, operating, project and maintenance costs of the Raymond Stormwater Utility District which are not recovered by other means. A base charge shall equate to a fixed amount per parcel of land within the Raymond Stormwater Utility District.

Impervious area charge. An impervious area charge shall be imposed on all property in the Raymond Stormwater Utility District having impervious area. The impervious area charge shall be assessed to collect the capital, operating, project and maintenance costs of the Raymond Stormwater Utility District. The impervious area charge imposed on each parcel within the Raymond Stormwater Utility District shall equate to the annual rate per square foot of impervious area within the Raymond Stormwater Utility District multiplied by the amount of impervious area located on each parcel, all as calculated by the town engineer.

(3)

New construction. The construction of any new or expanded buildings, driveways or other structures which increase the amount of impervious area within the Raymond Stormwater Utility District shall prompt the town to revise the impervious area calculation for the Raymond Stormwater Utility District in conjunction with the following year's stormwater management fee determination.

(h)

Billing and payment. Stormwater management fees, at the rate set annually by resolution of the town board, shall be billed to the owners of each parcel within the Raymond Stormwater Utility District at the same time and in the same manner as the town tax bill, as an additional fee for stormwater services. The full stormwater management fee shall be due with the first tax installment. Alternatively, stormwater management fees may be levied and collected as a special charge against property in the Raymond Stormwater Utility District, under Wis. Stats. § 66.0627 and as provided in this section. The mailing of the bill containing the stormwater management fee shall serve as notice to the property owner that failure to pay the stormwater management fee when due may result in the fee being levied, imposed and collected as a special charge, pursuant to the procedures set forth in Wis. Stats. § 66.0627.

(i)

Lien. All stormwater management fees shall be a lien upon the property, as provided in Wis. Stats. § 66.0809.

(j)

Establishment of rate schedule. The town board shall set the stormwater management fee rate by separate resolution.

(k)

Credit policy. The town board shall adopt a system of stormwater management fee credits. In general, no credit shall be given for the installation of stormwater management facilities required by the town, Racine County, or state stormwater regulations.

(1)

The owner(s) of properties which are not required by town or county ordinance or state statute or regulation to install stormwater management facilities which take mitigating steps to improve the quality of stormwater discharge by implementing best management practices that reduce the average annual loading of total suspended solids from existing development by 40 percent or more and are designed and/or implemented in accordance with current Wisconsin Department of Natural Resources guidelines and have maintenance agreements in place with the Town of Raymond for the best management practice as applicable, may be eligible for a reduction of the annual user fee for that portion of the impervious area treated by best management practices. The reduction shall be determined on a case-by-case basis up to a maximum 50 percent reduction.

(2)

Properties or portions of properties with impervious surface areas that are internally drained may be eligible for a reduction of the annual user fee. The reduction shall be determined on a case-by-case basis up to a maximum 50 percent reduction.

(3)

No credit shall be considered for structural or nonstructural best management practices that are required in order to comply with town or county ordinance or state statute or regulation.

(4)

No credits shall be considered for any "natural" features such as, but not limited to, wetlands, lakes and floodplains or water impoundment of any kind in existence prior to passage of this section.

(l)

Adjustment of fees and appeal procedure.

(1)

Requests for adjustment. Requests for adjustment of the user fee, including requests for stormwater management fee credits, shall be submitted to the Town of Raymond Stormwater Utility District Commission, which is hereby given the authority to develop and administer the procedures and standards for the adjustment of fees as established herein. All requests shall be judged on the basis of the amount of impervious area on the site. The town also retains the right to grant stormwater management fee credits to individual properties within the Raymond Stormwater Utility District that exhibit benefits to the stormwater management system. The following procedure shall apply to all adjustment requests of the user fee.

a.

Any Raymond Stormwater Utility District customer who has paid an impervious area charge and believes the impervious area charge to be incorrect, may, within 30 days of the timely payment of such charge and subject to the limitations set forth in this section, submit an adjustment request to the Town of Raymond Stormwater Utility District Commission. To defray the town's costs for reviewing the request, an adjustment review fee may be imposed and collected from an applicant in such amount, if any, as is set periodically by resolution of the town board.

b.

Adjustment requests shall be in writing and set forth in detail, the grounds upon which relief is sought.

c.

The customer requesting the adjustments may be required, at his own expense, to provide supplemental information to the Town of Raymond Stormwater Utility District Commission, including, but not limited to, survey data approved by a Registered Land Surveyor (R.L.S.) and engineering reports approved by a Professional Engineer (P.E.). Failure to provide such information may result in the denial of the adjustments request.

d.

The Town of Raymond Stormwater Utility District Commission shall issue a written determination as to whether the request for adjustment shall be granted. For adjustments that are granted, a credit shall be applied to the customer's account. Denials of adjustment requests shall be made, in writing, by the Town of Raymond Stormwater Utility District Commission.

(2)

Appeal procedure. The town elects not to be subject to the administrative review provisions contained in Wis. Stats. ch. 68, except as set forth below, and establishes the following as a complete and final review procedure:

a.

Upon receipt of the written denial of an adjustment request, the customer who initially requested the adjustment may, within 30 days of receipt of such denial, appeal to the town board.

b.

In the event of an appeal, the town board shall hold a hearing as provided in Wis. Stats. §§ 68.11(2) and 68.11(3). The town board shall hold such hearing within 30 days of the appeal request, and shall notify the appellant of the hearing date no less than ten days' notice in advance of the hearing. Within 20 days of the hearing and the filing of briefs, if any, the town board shall mail or deliver to the appellant its written final determination, setting forth, in detail, the reason or reasons for its decision.

c.

In reviewing denials of adjustment requests, the town board shall apply the standard and review criteria contained in subsection (l)(1), of this section.

(m)

Public Service Commission complaint. Notwithstanding subsection (n) and (m), any user may file a complaint with Public Service Commission claiming that rates, rules and practices herein are unreasonable or unjustly discriminatory pursuant to Wis. Stats. § 66.0821(5).

(Ord. No. 2008-04, § 1, 8-12-2008)