§ 86-240. Sewer connection fee.
(a)
Levied and assessed. There is hereby levied and assessed upon each lot or parcel of land currently within the village, but not having an existing connection to the wastewater works and upon lands subsequently annexed or attached to the village, a sewer connection fee. Such fee shall be payable as provided in this section and shall be based on the number of RECs for each property, which shall be established using the number of RECs as determined for that property based upon the schedule set forth below.
Residential property, single-family unit: 1 REC.
Duplex: 2 RECs.
Multi-family, one bedroom: .5 RECs.
Multi-family, two bedroom: .75 RECs.
Multi-family, three bedroom: 1.0 RECs.
The number of RECs for non-residential development shall be determined as set forth in Village of Mukwonago Resolution 2013-31, a resolution to determine water and wastewater usage for the sewer and water impact fee as may be amended from time to time.
(b)
Existing and future connections. For the purpose of this article, sewer connections in the village shall be classified as existing connections or future connections. Existing connections shall be those in existence and connections for which a sewer connection permit has been issued and construction started as of 11:59 p.m., March 31, 1980. Future connections shall be those not in existence as of 11:59 p.m., March 31, 1980.
(c)
Schedule of charges. The sewer connection fee shall be $1,758.00 for each REC assessed against the property. Said fee may be amended from time to time by action of the village board.
(d)
Payments. There shall be no connection fee charge for existing connections. Connection fee payments for future connections where only one meter is utilized to provide water service, shall be made in full upon the issuance of a building and/or plumbing permit. Payments for connection fees where there are multiple meters serving multiple tenants or users of the structure shall be paid either in one lump sum or as follows:
(1)
Twenty-five percent upon the issuance of a building permit.
(2)
Twenty-five percent upon the granting of an occupancy permit.
(3)
The remaining charges to be paid out in 12 equal installments, due on or before the first of each month.
(4)
If any of the monthly payments are not paid when due, then the entire amount shall immediately become due and become a lien against the property that shall be placed upon the tax bill for the property. Interest of one and one-half percent shall be assessed on the entire amount due and owing. The interest shall be calculated from the date of issuance of the building permit. An administrative fee of ten percent of the amount placed upon the tax bill shall also be assessed.
(e)
Definition. For purposes of this section, residential equivalent connection shall mean a unit of measure for sewer connection fees, equivalent to the amount of water capacity needed to supply one residential dwelling unit. An REC, as used herein, shall be equal to 54,750 gallons per year.
(f)
Payment of fees. All sewer connection fees shall be paid to the village clerk prior to the issuance of a building or plumbing permit, or connection to the waste or sewage system, whichever is earlier.
(g)
Appeal procedure.
(1)
The filing of an appeal does not allow for the issuance of a building permit or otherwise stay the collection of the sewer connection fee unless a bond or other sufficient surety (as determined by the village attorney) has been filed and then only if the non-payment of the sewer connection fee is the sole reason that the plumbing or building permit cannot be issued.
(2)
Request for initial review. Any person aggrieved by a decision as to the amount or the extent of an sewer connection fee may have the amount of and/or extent of the sewer connection fee reviewed by filing a request for initial review with the village clerk within 30 days of notification of the amount of and/or extent of the sewer connection fee for the property involved. The request for initial review shall state the grounds upon which the aggrieved person contends that the determination should be modified or reversed. Failure to make a request for initial review shall not preclude the aggrieved person from filing a request for administrative review. The village clerk shall forward the request for initial review to the village official that made the initial determination for which a review is being sought. The village official shall review the request for initial review within ten days and provide to the aggrieved a written determination as to whether the initial decision is affirmed, modified or reversed, as well as provide the reasons therefore. The determination shall be dated and shall advise such person of his/her right to have the determination reviewed by a request for administrative review, as set forth below.
(3)
Request for administrative review. If an individual objects to the imposition of a sewer connection fee or the amount of a sewer connection fee, then the individual may make a request for administrative review. The request for administrative review shall be filed with the village clerk within 60 days of notification of the amount of and/or extent of the sewer connection fee for the property involved (or within 30 days from the issuance of the decision of the request for initial review) and shall be served upon the village clerk in the same manner as a summons and complaint is served in circuit court. The request for administrative review shall be in writing and shall include evidence and argument in support of the applicant's position.
a.
Upon receipt of the request for administrative review, the village clerk shall immediately notify the village attorney and village president of such request for administrative review. The village president shall appoint, without a need for confirmation, an impartial hearing examiner. The hearing examiner shall then be in charge of managing the proceedings.
b.
At the hearing, the appellant and the village may be represented by counsel and may present evidence and call and examine witnesses and cross-examine witnesses of the other party. Such witnesses shall be sworn by the hearing examiner, who also may provide for the issuing of subpoenas. The hearing examiner shall have final authority to determine the appropriate amount of the sewer connection fee and shall issue a written decision, including findings of fact, conclusions of law and judgment with respect to his or her determination.
(Ord. No. 878, § I, 8-19-14; Ord. No. 929, § I—V, 5-2-17)