2017-671 ORDINANCE NO. 2017 - 671
An ordinance updating the City of Janesville Stormwater Utility and Management Services
Ordinances, with penalties and other relief for violations thereof as set forth in JGO 13.10.150.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Section 13.10.010 of the Code of General Ordinances is renumbered so as to
provide each paragraph numbering as A., B., and C., respectively.
SECTION II. Section 13.10.060 of the Code of Ordinances of the City of Janesville is hereby
amended to read as follows:
"13.10.060 Rates and charges.
A. Every person shall pay the applicable Janesville stormwater service charge
when due for each property owned by that person.
B. The basis for computation of the charge for stormwater services to lots and
parcels of land within the city 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 shall be consistent with this Ordinance. Each year the City Manager
shall determine the value of one ERU based upon the applicable year's adopted City Budget
and this Ordinance, and shall certify such value to the City Clerk and Common Council. All
charges established pursuant to this Ordinance shall be fair and reasonable. A schedule of
current charges shall be maintained and on file in the office of the City Clerk.
C. Charges shall be imposed to recover all or a portion of the costs of the
Stormwater Utility. Such charges may include, but are not limited to, the following
components:
1. Base Component. The Base Component shall include the Stormwater
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billable ERU's.
2. Operation and Maintenance Component. The Operation and
Maintenance Component shall include the Stormwater Utility's estimated annual operation
Maintenance Rate shall be determined by: (1) taking the sum of all Operation and
ERU' s that the City, upon user application, has determined need not pay Operation and
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account for factors such as changes in stormwater reserves.
which the City, upon user application, has determined need not pay Capital and Debt
Service Component costs, and (3) making appropriate adjustments to the Rate to account
for factors such as changes in stormwater reserves.
D. Credits may be available to individual nonresidential property owners. It shall be
the burden of the nonresidential property owner to request such a credit and to demonstrate to a
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1. A credit may be applicable if some or all of a customer's property, drains
directly into the Rock River and provided (1) the discharge is direct and not through any form of
conveyance system owned or operated by the Stormwater Utility, and (2) the drainage is not in
violation of any environmental code or Federal, State or local surface water drainage
requirements.
2. A credit may be applicable if significant impervious arca drains to an on
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stormwater, and (2) The facility is not in violation of any environmental code or Federal, State, or
local stormwater drainage requirements.
1. Base Component. The Base Component shall include the Stormwater
Utility's adopted annual budget administrative and management costs plus any other costs not in
the components described below.
2. Runoff Component. The Runoff Component shall include the Stormwater
Utility's adopted annual budget costs associated with the construction, inspection, maintenance,
repair. and replacement of all stormwater infrastructure associated with the conveyance or
storage of stormwater runoff. In the case of multipurpose infrastructure those costs shall be
prorated.
3. Water Quality Component. The Water Quality Component shall include
the Stormwater Utility's adopted annual budget costs associated with the construction,
inspection, maintenance, repair, and replacement of all stormwater infrastructure associated with
the cleaning or treatment stormwater. In the case of multipurpose infrastructure those costs shall
be prorated.
D. Credits may be available to multifamily and nonresidential property owners. It
shall be the burden of the property owner to demonstrate to a reasonable degree of certainty
with evidence that a fee adjustment is warranted. All applications for credit shall be reviewed
by the Director. The Director may reduce the stormwater utility after taking in to consideration
the evidence provided.
The Base Component shall be charged to all properties regardless of credits.
Credits may be applicable to multifamily and nonresidential properties based on three criteria.
1. Non-Contributinq Property. A non-contributing property is a property
that does not contribute any runoff into the City's stormwater infrastructure. These properties
may either drain directly into the Rock River or drain outside of the City without passing through a
City facility. A non-contributing property may receive credit towards the Runoff Component of the
utility fee. A Non-contributing property may also be eligible for credit towards the Water Quality
Component but this shall be considered independently and shall be based on demonstrated
water quality treatment provided by on-site facilities.
2. Runoff Control. A property may be eligible for runoff control based on
onsite stormwater treatment facilities. Any credit towards the Runoff component shall be
calculated based on the extent to which the property controls the 100 year design storm beyond
the required peak flow control. This credit shall be capped at 80 percent of the total component
costs.
3. Water Quality Treatment. A property may be eligible for runoff control
water quality treatment based on onsite stormwater treatment facilities. Any credit towards the
Runoff component shall be calculated based on the extent to which the property treats total
suspended solids storm beyond the required treatment level. This credit shall be capped at 80
percent of the total component costs.
In order for a property to be eligible for a credit a property shall not be in violation of any other
stormwater or erosion control requirements and shall have recorded maintenance agreement.
All credits will expire on July 1st of every even numbered year beginning with 2020. In order for
a credit to remain in effect, proper maintenance records shall be submitted to and approved by
the Director.
SECTION III. Section 13.10.120 is hereby amended to read as follows:
A. --
City Manager by filing a written appeal with the city clerk prior to the due date of the charge or
the amount of the charge and shall state the amount of charge that the appellant considers to
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appellant in writing of his determination.
C. The customer has thirty (30) days from the date of the written decision of the
City Manager to file a written appeal with the City Council.
If the City Manager or City Council determines that a refund is due the
customer, the refund will be applied as a credit towards the customer's next stormwater billing
charge, if the refund will not exceed the customer's next stormwater billing charge, or it may be
refunded at the discretion of the Director of Finance the City Clerk.
ADOPTED: March 13, 2017 Motion by: Marklein
Second by: Gruber
APPROVED: Councilmember Aye Nay Pass Absent
j
Deupree X
Mar A. eitag, City ManagerGruber X
Jorgensen X
ATTE / Liebert X
Marklein X
/ - J Tidwell X
�✓�� Williams X
D. id . odek, City erk-Treasurer
APPROVED AS TO FORM:
Wald Klimc k, City Attorney
Proposed by: Mike Payne, City Engineer
Prepared by: Wald Klimczyk, City Attorney