Chapter 187
WATER
[HISTORY: Adopted
by the Village Board of the Village of Holmen as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 29.
Excavations — See Ch. 58.
Sewers — See Ch. 150.
ARTICLE I
Rates,
Rules and Practices
[Adopted
2-9-1950][; amended in its entirety at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
§ 187-1. Public fire-protection service; charges.
A. For public fire-protection service to the Village of Holmen, the
annual charge shall be $115,316 to cover the use of mains and hydrants up to
and including the terminal hydrant and connection on each main existing for the
1996 test year.
B. For all extensions of fire-protection service, there shall be an
additional annual charge of $125 per net hydrant added to the system in excess
of 279 hydrants.
C. This service shall include the use of hydrants for
fire-protection service only and such quantities of water as may be demanded
for the purposes of extinguishing fires within the municipal boundary. This
service shall also include water used for testing equipment and training
personnel. For all other purposes, the metered or other rates set forth, or as
may be filed with the Public Service Commission, shall apply.
D. The annual public fire-protection charge shall never be less
than the base amount.
§ 187-2. Private unmetered fire-protection service.
A. This service shall consist of unmetered connections to the main
for the purpose of supplying water to private fire-protection systems such as
automatic sprinkler systems, standpipes (where same are connected permanently
or continuously to the mains) and private hydrants.
B. Quarterly demand charges for private fire-protection service
shall be as follows:
|
|
Size of
Connection |
Charge |
|
|
2-inch |
$15 |
|
|
3-inch |
$24 |
|
|
4-inch |
$66 |
|
|
6-inch |
$108 |
|
|
8-inch |
$180 |
|
|
10-inch |
$267 |
C. Billing shall be the same provisions as for general service.
§ 187-3. General metered service.
A. Service and volume charges for general metered service shall be
as follows:
(1) Quarterly service charge:
|
|
Size of
Connection |
Charge |
|
|
5/8-inch meter |
$12 |
|
|
3/4-inch meter |
$12 |
|
|
1-inch meter |
$15 |
|
|
1-1/4-inch meter |
$20 |
|
|
1-1/2-inch meter |
$27 |
|
|
2-inch meter |
$48 |
|
|
3-inch meter |
$99 |
|
|
4-inch meter |
$120 |
|
|
6-inch meter |
$177 |
|
|
8-inch meter |
$240 |
|
|
10-inch meter |
$289 |
(2) Plus volume charge:
(a) First 50,000 gallons used each quarter: $1.35 per 1,000 gallons.
(b) Next 150,000 gallons used each quarter: $1.20 per 1,000 gallons.
(c) Over 200,000 gallons used each quarter: $0.70 per 1,000 gallons.
B. Billing. Bills for water service are rendered quarterly or
monthly and become due and payable upon issuance following the period for which
service is rendered. A late payment charge of 1 1/2% per month will be added to
bills not paid within 20 days of issuance. This late payment charge will be
applied to the total unpaid balance for utility service, including unpaid late
payment charges. The late payment charge is applicable to all customers. The
utility customer may be given a written notice that the bill is overdue no
sooner than 20 days after the bill is issued. Unless payment or satisfactory
arrangement for payment is made within the next eight days, service may be
disconnected pursuant to ch. PSC 185, Wis. Adm. Code.
C. Combined metering. Volumetric meter readings will be combined
for billing if the utility for its own convenience places more than one meter
on a single water service lateral. Multiple meters placed for the purpose of
identifying water not discharged into the sanitary sewer are not considered for
utility convenience and shall not be combined for billing. Meter readings from
individually metered separate service laterals shall not be combined for
billing purposes.
D. Buildings used in the same business, located on the same parcel
and served by a single lateral may have the customer's water supply piping
installed to a central point so that volume can be metered in one place.
§ 187-4. General suburban service.
Water customers residing
outside the corporate limits of the Village of Holmen shall be billed at the
regular rates for service (Schedule Mg-1) plus a 25% surcharge.
§ 187-5. General unmetered water service.
A. Where the utility cannot immediately install its water meter,
service may be supplied temporarily on an unmetered basis. Such service shall
be billed at the rate of $36 per billing period. This rate shall be applied
only to single-family residential and small commercial customers and approximates
the cost of 18,000 gallons of water per billing period under Schedule Mg-1. If
it is determined by the utility that usage is in excess of 18,000 gallons of
water per billing period, an additional charge per Schedule Mg-1 will be made
for the estimated additional usage.
B. Billing shall be the same as in Schedule Mg-1.
§ 187-6. Public service.
A. Water service supplied to municipal buildings, schools, sewer
treatment plants, etc., shall be metered and the regular metered service rates
applied.
B. Water used on an intermittent basis for flushing sewers, street
sprinkling, flooding skating rinks, drinking fountains, etc., shall be metered
where meters can be set to measure the service. Where it is impossible to
measure the service, the Superintendent shall estimate the volume of water used
based on the pressure, size of opening and period of time water is allowed to
be drawn. The estimated quantity used shall be billed at the rate of $1.20 per
1,000 gallons.
§ 187-7. Reconnection charges.
Reconnection charges shall
be as follows:
|
Action |
During Normal
Business Hours |
After Normal
Business Hours |
|
Reinstallation of meter, including valving at curb stop |
$22 |
$33 |
|
Valve turned on at curb stop |
$17 |
$25 |
|
Administrative charges for site collection of delinquent
arrears by service person upon arrival at customer's property to disconnect
service |
$8 |
$12 |
|
NOTE: No charge for disconnection. |
||
§ 187-8. Seasonal, emergency or temporary service.
A. Seasonal customers [NOTE: Seasonal customers are general service
customers whose use of water is normally for recurring periods of less than a
year] shall be served at the general service rate (Schedule Mg-1) except that
each customer served under this rate shall pay an annual seasonal service
charge equal to four times the applicable service charge. Water use in any
billing period shall be billed at the applicable volume schedule in Mg-1 and
the charge added to the annual seasonal service charge.
B. Further, if service has been disconnected, a charge under
Schedule R-1 is applied at the time of reconnection.
§ 187-9. Building and construction water service.
Building and construction
water service rates shall be as follows:
A. For single-family and small commercial buildings, apply the
unmetered rate, Schedule Ug-1.
B. For large commercial, industrial or multiple apartment
buildings, a temporary metered installation shall be made and general, metered
rates (Schedule Mg-1) applied.
§ 187-10. Bulk water.
A. All bulk water supplied from the water system through hydrants
or other connections shall be metered or, at the direction of the utility,
estimated. Utility personnel or a utility-approved party shall supervise the
delivery of water.
B. Bulk water sales are:
(1) Water supplied to tank truck or from hydrant for the purpose of
extinguishing fires outside the utility's immediate service area;
(2) Water supplied by tank truck or from hydrant for purposes other
than extinguishing fires such as irrigation or the filling of swimming pools;
or
(3) Water supplied from hydrants or other temporary connections for
general service-type applications. (Water supplied for construction purposes:
see Schedule Mz-1.)
C. A charge for the volume of water used will be billed to the
party using the water at $1.35 per 1,000 gallons. A service charge, in addition
to the volumetric charge, will be $17.
D. A deposit for the meter and/or valve will be required. The
deposit collected shall be $20 and will be refunded upon return of the
utility's equipment. Damaged or lost equipment will be repaired or replaced at
the customer's expense.
§ 187-11. Water lateral installation charge.
A. Subdivision developers shall be responsible, where the main
extension has been approved by the utility, for the water service lateral
installation costs from the main through the curb stop and box.
B. When the cost of a utility main extension is to be collected
through assessment by the municipality, the actual average water lateral
installation costs from the main through the curb stop and box shall be
included in the assessment of the appropriate properties.
C. The initial water service lateral(s), not installed as part of a
subdivision development or an assessable utility extension, will be installed
from the main through the curb stop and box by the utility, for which there
will be made a charge as follows:
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§ 187-12. Compliance with water utility operating
rules.
All persons now receiving
a water supply from the Holmen Water Utility, or who may request service in the
future, shall be considered as having agreed to be bound by the rules and
regulations as filed with the Public Service Commission of Wisconsin.
§ 187-13. Establishment of water service.
A. Application for water service may be made in writing on a form
furnished by the water utility. The application will contain the legal
description of the property to be served, name of the owner, the exact use to
be made of the service, and the size of the supply pipe and meter desired.
(Note particularly any special refrigeration, fire protection or
air-conditioning water consuming appliances.)
B. Service will be furnished only if:
(1) The premises have a frontage on a properly platted street or
public strip in which a cast iron or other long-life water main has been laid,
or where property owner has agreed to and complied with the provisions of the
utility's filed main extension rule;
(2) The property owner has installed or agrees to install a service
pipe from the curbline to the point of use, and laid not less than six feet
below the surface of an established or proposed grade, and according to
utility's specification; and
(3) The premises have adequate piping beyond metering point.
C. The owner of a multi-unit dwelling has the option of being served
by individual metered water service to each unit. The owner, by selecting this
option, is required to provide interior plumbing and meter settings to enable
individual metered service to each unit and individual disconnection without
affecting service to other units. Each meter and meter connection will be a
separate water utility customer for the purpose of the filed rules and
regulations.
D. No division of the water service of any lot or parcel of land
shall be made for the extension and independent meterage of the supply to an
adjoining lot or parcel of land. No division of a water supply service shall be
made at the curb for separate supplies therefrom for two or more separate
premises having frontage on any street or public service strip whether owned by
the same or different parties.
E. The utility may withhold approval of any application wherein
full information of the purpose of such supply is not clearly indicated and set
forth by the applicant property owner.
§ 187-14. Service contracts.
A. The minimum service contract period shall be one year unless
otherwise specified by special contract or in the applicable rate schedule.
Where the utility has disconnected service at the customer's request prior to
expiration of the minimum contract period, a reconnection charge shall be made,
payable in advance, when the customer requests reconnection of service. See
Schedule R-1 for applicable rate. The minimum contract period is renewed with
each reconnection.
B. A reconnection charge shall also be required from consumers
whose services are disconnected (shut off at curb stop box) because of
nonpayment of bills when due (not including disconnection for failure to comply
with deposit or guarantee rules). See Schedule R-1 for applicable rate.
C. A consumer shall be considered as the same consumer provided the
reconnection is requested for the same location by any member of the same
household, or if a place of business, by any partner of the same business.
§ 187-15. Temporary metered supply; meter and deposits.
An applicant for temporary
water supply on a metered basis shall make and maintain a monetary deposit for
each meter installed, as security for payment for use of water and for such
other charges which may arise from the use of the supply. A charge shall be
made for setting the valve and furnishing and setting the meter. See Schedule
BW-1 for applicable rate.
§ 187-16. Water for construction.
A. When water is requested for construction purposes, or for
filling tanks or other such uses, an application therefor shall be made to the
utility, in writing, upon application provided for that purpose in the
utility's office, giving a statement of the amount of construction work to be
done, or the size of the tank to be filled, etc. Payment for the water for
construction may be required in advance at the scheduled rates. The service
pipe must be installed inside the building from where the water must be drawn.
No connection with the service pipe at the curb shall be made without special permission
from the utility. In no case will any employee of the utility turn on water for
construction work unless the contractor first presents a permit. Upon
completion of the construction work, the contractor must return the original
permit to the utility.
B. Consumers shall not allow contractors, masons or other persons
to take water from their premises without first showing a permit from the
department. Any consumer failing to comply with this provision will have water
service discontinued.
§ 187-17. Use of hydrants.
A. In cases where no other supply is available, permission may be
be granted by the utility to use a hydrant. No hydrant shall be used until it
is equipped with a sprinkling valve. In no case shall any valve be installed or
moved except by a member of the utility.
B. Before a valve is set, payment must be made for its setting and
for the water to be used at the scheduled rates. Where applicable, see Schedule
BW-1 for deposits and charges. Upon completing use of the hydrant, the customer
must notify the utility to that effect.
C. In the use of a hydrant supply, the hydrant valve will be set at
the proper opening by the utility when the sprinkling valve is set, and the
flow of water must be regulated by means of the sprinkling valve. If the water
is to be used through iron pipe connections, all such pipe installations shall
have the swing joint to facilitate quick disconnection from the fire hydrant.
§ 187-18. Operation of valves and hydrants and
unauthorized use of water. [Amended
7-8-2004 by Ord. No. 3.04]
Any person who shall,
without authority of the utility, allow contractors, masons or other
unauthorized persons to take water from their premises, operate any valve
connected with the street or supply mains, or open any fire hydrant connected
with the distribution system, except for the purpose of extinguishing fire, or
who shall wantonly damage or impair the same shall be subject to a forfeiture
of not less than $100 nor more than $500 for the first offense and not less
than $200 nor more than $1,000 for a subsequent offense. Each day, or portion
thereof, that such violation continues is hereby deemed to constitute a
separate offense. Permits for the use of hydrants apply only to such hydrants
as are designated for the specific use.
§ 187-19. Refunds of monetary deposits.
All moneys deposited as
security for payment of charges arising from the use of temporary water supply
on a metered basis, or for the return of a sprinkling valve wheel or reducer,
if the water is used on an unmetered basis, will be refunded to the depositor
on the termination of the use of water, the payment of all charges levied
against the depositor, and the return of the wheel and reducer.
§ 187-20. Service connections or water laterals.
A. No water service shall be laid through any trench having
cinders, rubbish, rock or gravel fill, or any other material which may cause
injury to or disintegration of the service pipe, unless adequate means of
protection are provided by sand filling or such other insulation as may be
approved by the utility. Service pipes passing through curb or retaining walls
shall be adequately safeguarded by provision of a channel space or pipe casing,
not less than twice the diameter of the service connection. The space between
the service pipe and channel or pipe casing shall be filled and lightly caulked
with an oakum, mastic cement or other resilient material, and made impervious
to moisture.
B. In backfilling the pipe trench, the service pipe must be
protected against injury by carefully hand tamping the ground filling, free
from hard lumps, rocks, stones or other injurious material, around and at least
six inches over the pipe. All water supplies shall be of undiminished size from
the street main into the point of meter placement. Beyond the meter outlet
valve, the piping shall be sized and proportioned to provide, on all floors, at
all times, an equitable distribution of water supply for the greatest probable
number of fixtures or appliances operating simultaneously.
§ 187-21. Replacement and repair of service pipe.
A. Where the property owner requests that a larger service lateral
be installed to replace an existing smaller diameter pipe, an allowance of $15
will be made as a deduction in the cost, providing the new service is to be
installed in the same ditch as the existing service pipe.
B. The service pipe from the main, to and through the curb stop,
will be maintained and kept in repair and, when worn out, replaced at the
expense of the utility. The property owner shall maintain the service pipe from
the curb stop to the point of use.
C. If an owner fails to repair a leaking or broken service pipe
from curb to point of metering or use within such time as may appear reasonable
to the utility after notification has been served on the owner by the utility,
the water will be shut off and will not be turned on again until the repairs
have been completed.
§ 187-22. Charges for water wasted due to leaks.
For provisions regarding
charges for water wasted due to leaks, see Wis. Adm. Code, Chapter PSC 185.
§ 187-23. Thawing frozen services.
For provisions regarding
thawing frozen services, see Wis. Adm. Code, Chapter PSC 185.
§ 187-24. Curb stop boxes.
The customer shall protect
the curb stop box in the terrace and shall keep the same free from dirt and
other obstructions. The utility shall not be liable for failure to locate the
curb stop box and shut off the water in case of a leak on the owner's premises.
§ 187-25. Installation of meters.
Meters will be furnished
and placed by the utility and are not to be disconnected or tampered with by
the consumer. All meters shall be so located that they shall be protected from
obstructions and permit ready access thereto for reading, inspection and
servicing, such location to be designated or approved by the utility. All
piping within the building must be supplied by the owner. Where additional
meters are desired by the owner, the owner shall pay for all piping and an
additional amount sufficient to cover the cost of maintenance and depreciation.
Where applicable, see Schedule Am-1 for rate.
§ 187-26. Repairs to meters.
A. Meters will be repaired by the utility and the cost of such
repairs caused by ordinary wear and tear will be borne by the utility.
B. Repair of any damage to a meter resulting from the carelessness
of the owner of the premises, owner's agent, or tenant, or from the negligence
of any one of them to properly secure and protect same, including any damage
that may result from allowing a water meter to become frozen or to be injured
from the presence of hot water or steam in the meter, shall be paid for by the
consumer or the owner of the premises.
§ 187-27. Service piping for meter settings.
A. Where the original service piping is installed for a new metered
customer, where existing service piping is changed for the customer's
convenience, or where a new meter is installed for an existing unmetered
customer, the owner of the premises at his/her expense shall provide a suitable
location and the proper connections for the meter. The water utility should be
consulted as to the type and size of meter setting. Where it is possible to set
meters in the basement, or other suitable place within the building, a short
nipple shall be inserted after the stop and waste cock, then a union, and then
another nipple and coupling of the proper length. The nipple attached to the
union and coupling shall be cut to a standard length provided by the plans of
the utility (the Superintendent may require a horizontal run of 18 inches in
such pipe line) which may later be removed for the insertion of the meter into
the supply line.
B. No permit will be given to change from metered to flat rate
service.
§ 187-28. Turning on water.
The water cannot be turned
on for a consumer except by a duly authorized employee of the utility. The
plumber must leave the water turned off after completing the job. This does not
prevent the plumber from testing the work.
§ 187-29. Failure to read meters.
A. Where the utility is unable to read a meter after two successive
attempts, the fact will be plainly indicated on the bill, and either an
estimated bill will be computed, or the minimum charge applied. The difference
shall be adjusted when the meter is again read, that is, the bill for the
succeeding billing period will be computed with the gallons or cubic feet in
each block of the rate schedule doubled and credit will be given on that bill
for the amount of the bill paid the preceding period. Only in unusual cases or
when approval is obtained from the customer shall more than three consecutive
estimated bills be rendered where bills are rendered monthly and there shall be
not more than two consecutive estimated bills where the billing period is two
months or more.
B. If the meter is damaged (see § 187-40, Surreptitious use of
water) or fails to operate, the bill will be based on the average use during
the past year unless there is some reason why the use is not normal. If the
average use cannot be properly determined, the bill will be estimated by some
equitable method.
§ 187-30. Complaint meter tests.
For provisions regarding
complaint meter tests, see Wis. Adm. Code, Chapter PSC 185.
§ 187-31. Inspection of premises.
During reasonable hours,
any officer or authorized employee of the utility shall have the right of
access to the premises supplied with service, for the purpose of inspection or
for the enforcement of the utility's rules and regulations. Whenever
appropriate, the utility will make a systematic inspection of all unmetered
water taps for the purpose of checking waste and unnecessary use of water.
§ 187-32. Customers' deposits.
For provisions regarding
customers' deposits, see Wis. Adm. Code, Chapter PSC 185.
§ 187-33. Conditions of deposit.
For provisions regarding
conditions of deposit, see Wis. Adm. Code, Chapter PSC 185.
§ 187-34. Guarantee contracts.
For provisions regarding
guarantee contracts, see Wis. Adm. Code, Chapter 185.
§ 187-35. Deferred payment agreements.
For provisions regarding
deferred payment agreements, see Wis. Adm. Code, Chapter 185.
§ 187-36. Disconnection and refusal of service.
A. For provisions regarding disconnection and refusal of service,
see Wis. Adm. Code, Chapter 185.
B. The form of disconnection notice to be used is as follows:
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§ 187-37. Illness provision.
If there is an existing
medical emergency in your home and you furnish the utility with a statement
signed by either a licensed Wisconsin physician, or a public health official,
we will delay disconnection of service up to 21 days. The statement must identify
the medical emergency and specify the period of time during which disconnection
will aggravate the existing emergency.
§ 187-38. Requirements for deferred payment.
A. If you are a residential customer and, for some reason, you are
unable to pay the full amount of the utility service arrears on your bill, you
may contact the utility to discuss arrangements to pay the arrears over an
extended period of time.
B. This time payment agreement will require:
(1) Payment of a reasonable amount at the time the agreement is made.
(2) Payment of the remainder of the outstanding balance in monthly
installments over a reasonable length of time.
(3) Payment of all future utility service bills in full by the due
date.
C. In any situation, where you are unable to resolve billing
disputes or disputes about the grounds for proposed disconnection through
contacts with our utility, you may make an appeal to the Wisconsin Public
Service Commission, Madison, Wisconsin.
§ 187-39. Collection of overdue bills.
An amount owed by the
customer may be levied as a tax as provided in Section 66.069, Wisconsin
Statutes.
§ 187-40. Surreptitious use of water.
A. When the utility has reasonable evidence that a consumer is
obtaining water, in whole or in part, by means of devices or methods used to
stop or interfere with the proper metering of the utility service being
delivered, the utility reserves the right to estimate and present immediately a
bill for service unmetered as a result of such interference and such bill shall
be payable subject to a twenty-four-hour disconnection of service. When the
utility shall have disconnected the consumer for any such reason, the utility
will reconnect the consumer upon the following conditions:
(1) The consumer will be required to deposit with the utility an
amount sufficient to guarantee the payment of the consumer's bills for utility
service to the utility.
(2) The consumer will be required to pay the utility for any and all
damages to its equipment on the consumer's premises due to such stoppage or
interference with its metering.
(3) The consumer must further agree to comply with reasonable
requirements to protect the utility against further losses.
B. Sections 98.26 and 943.20, Stats., as relating to water service,
are hereby adopted and made a part of these rules.
§ 187-41. Vacation of premises.
When premises are to be
vacated, the utility shall be notified, in writing, at once, so that it may
remove the meter and shut off the supply at the curb valve. The owner of the
premises shall be liable to prosecution for any damage to the property of the
Water Department by reason of failure to notify the utility of vacancy.
§ 187-42. Repairs to mains.
The utility reserves the
right to shut off the water in the mains temporarily, to make repairs,
alterations or additions to the plant or system. When the circumstances will
permit, the utility will give notification, by newspaper publication or
otherwise, of the discontinuance of the supply. No rebate will be allowed to
consumers for such temporary suspension of supply.
§ 187-43. Duty of utility with respect to public
safety.
It shall be the duty of the
utility to see that all open ditches for water mains, hydrants and service
pipes are properly guarded to prevent accident to any person or vehicle, and at
night there shall be displayed amber signal light in such manner as will, so
far as possible, ensure the safety of the public.
§ 187-44. Handling water mains and service pipes in
excavation trenches.
Contractors must ascertain
for themselves the existence and location of all water mains and service pipes.
Where removed, cut or damaged during trench excavation, the contractors must,
at their own expense, cause them to be replaced or repaired at once.
Contractors must not shut off the water service pipes to any consumer for a
period exceeding six hours.
§ 187-45. Protective devices.
A. Protective devices in general. The owner or occupant of every
premises receiving water supply shall apply and maintain suitable means of
protection of the premises supply, and all appliances thereof, against damage
arising in any manner from the use of the water supply, variation of water
pressure, or any interruption of water supply. Particularly, such owner or
occupant must protect water-cooled compressors for refrigeration systems by
means of high- and/or low-pressure safety cutout devices. There shall likewise be
provided means for the prevention of the transmission of water ram or noise of
operation of any valve or appliance through the piping of their own or adjacent
premises.
B. Relief valves. On all "closed systems" (i.e., systems
having a check valve, pressure regulator, or reducing valve, water filter or
softener), an effective pressure relief valve shall be installed either in the
top tapping or the upper side tapping of the hot water tank, or on the hot
water distributing pipe connection at the tank. No stop valve shall be placed
between the hot water tank and the relief valve or on the drain pipe. See
applicable plumbing codes.
C. Air chambers. An air chamber or approved shock absorber shall be
installed at the terminus of each riser, fixture branch, or hydraulic elevator
main for the prevention of undue water hammer. The air chamber shall be sized
in conformance with local plumbing codes. Where possible, the air chamber
should be provided at its base with a valve for water drainage and
replenishment of air.
§ 187-46. Purity of supply not to be impaired by
cross-connections.
Every person owning or
occupying a premises receiving municipal water supply shall maintain such
municipal water supply free from any connection, either of a direct or of an
indirect nature, with a water supply from a foreign source, or of any manner of
connection with any fixture or appliance, whereby water from a foreign supply
or the waste from any fixture, appliance, waste or soil pipe may flow, be
siphoned or pumped into the piping of the municipal water system.
ARTICLE II
Cost
Recovery for Water Main Extension
[Adopted
8-8-1991]
§ 187-47. Areas provided with service. [1]
Water services and
extensions will be provided only to those areas located within the village
corporate limits, which will be expanded from time to time.
§ 187-48. Recovery of costs.
A. Where the cost of the extension is to immediately be collected
through assessment by the municipality against the abutting property, the
procedure set forth under Section 66.60 of the Wisconsin Statutes will apply,
and no additional customer contribution to the utility will be required.
B. Where the municipality is unwilling or unable to make a special
assessment, the extension will be made on a customer-financed basis as follows:
(1) The applicant(s) will advance as a contribution in aid of
construction their proportionate share of the total amount equivalent to that
which would have been assessed for all property under Subsection A; or
(2) At the discretion of the Village of Holmen extensions will be
made as follows:
(a) The applicant(s) will advance as a contribution in aid of
construction their proportionate share of the total amount equivalent to that
which would have been assessed for all property under Subsection A.
(b) Part of the contribution required in Subsection B(1) will be
refundable. When additional customers are connected to the extended main within
20 years of the date of completion, contributions in aid of construction will
be collected equal to the amount which would have been assessed under
Subsection A for the abutting property being served. This amount will be
refunded to the original contributor(s). In no case will the contributions
received from additional customers exceed the proportionate amount which would
have been required under Subsection A nor will it exceed the total assessable
cost of the original extension.
C. When a customer connects to a transmission main or connecting
loop installed at utility expense within 20 years of the date of completion,
there will be a contribution required of an amount equivalent to that which
would have been assessed under Subsection A.
ARTICLE III
Wellhead
Protection
[Adopted
2-11-1993]
§ 187-49. Title, purpose and applicabilty.
A. Title. This article shall be known, cited and referred to as the
"Wellhead Protection Ordinance" (hereafter "WHP
Ordinance").
B. Purpose and authority.
(1) The residents of the Village of Holmen (hereafter
"village") depend exclusively on groundwater for a safe drinking
water supply. Certain land use practices and activities can seriously threaten
or degrade groundwater quality. The purpose of this article is to institute
land use regulations and restrictions to protect the village's municipal water
supply and well fields, and to promote the public health, safety and general
welfare of the residents of the village.
(2) These regulations are established pursuant to the authority
granted by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May
11, 1984), which specifically added groundwater protection to the statutory
authorization for municipal planning and zoning in order to protect the public health,
safety and welfare.
C. Applicability. The regulations specified in this article shall
apply only within the village's corporate limits.
§ 187-50. Definitions.
As used in this article,
the following terms shall have the meanings indicated:
EXISTING FACILITIES WHICH
MAY CAUSE OR THREATEN TO CAUSE ENVIRONMENTAL POLLUTION — Existing facilities
which may cause or threaten to cause environmental pollution within the
corporate limits of the village's well fields' recharge areas which include but
are not limited to the Wisconsin Department of Natural Resources' draft,
Inventory of Sites or Facilities Which May Cause or Threaten to Cause
Environmental Pollution, Department of Commerce List of Underground Storage
Tanks (hereafter UST's) and list of facilities with hazardous solid waste
permits, all of which are incorporated herein as if fully set forth. [Amended 10-12-2000 by Ord. No. 1.00]
GROUNDWATER PROTECTION
OVERLAY DISTRICT — That area contained in the maps attached as Exhibit A and
incorporated herein as if fully set forth. [2] [Amended 8-14-2003 by Ord. No. 5.03]
RECHARGE AREA — Area in
which water reaches the zone of saturation by surface infiltration and
encompasses all areas or features that supply groundwater recharge to a well.
WELL FIELD — A piece of
land used primarily for the purpose of supplying a location for construction of
wells to supply a municipal water system.
§ 187-51. Groundwater Protection Overlay District.
Provisions regarding the
Groundwater Protection Overlay District (hereafter "district") shall
be as follows:
A. Intent: the area to be protected is the village's well fields'
recharge areas contained within the village boundary limits. These lands are
subject to land use and development restrictions because of their close
proximity to the well fields and the corresponding high threat of
contamination.
B. Permitted uses. Subject to the exemptions listed in § 187-52,
the following are the only permitted uses within the district. Uses not listed
are to be considered prohibited uses.
(1) Parks, provided there are no on-site waste disposal or fuel
storage tank facilities associated within this use.
(2) Playgrounds.
(3) Wildlife areas.
(4) Nonmotorized trails, such as biking, skiing, nature and fitness
trails.
(5) Residential sewage on a municipal sewer system, free of flammable
and combustible liquid underground storage tanks.
[Amended 10-12-2000 by Ord. No. 1.00]
C. Requirements for existing facilities.
(1) Facilities shall provide copies of all federal, state and local
facility operation approvals or certificates and ongoing environmental
monitoring results to the village.
(2) Facilities shall provide additional environmental or safety
monitoring as deemed necessary by the village, which may include but is not
limited to stormwater runoff management and monitoring.
(3) Facilities shall replace equipment or expand in a manner that
improves the existing environmental and safety technologies already in
existence.
(4) Facilities shall have the responsibility of devising and filing
with the village a contingency plan satisfactory to the village for the
immediate notification of village officials in the event of an emergency.
(5) During reasonable hours, any officer or authorized employee of
the utility shall have the right of access to all properties within any
Groundwater Protection Overlay District for the purpose of inspection or for
the enforcement of the utility’s rules and regulations. [Added 12-11-2003 by Ord. No. 1.04]
§ 187-52. Requests for additional permitted uses.