(A) The city maintains a system of the storm and surface water management facilities including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities, and other components, as well as natural waterways.
(B) This is commonly referred to as a municipal separate storm sewer system or MS4 as defined in 401 KAR 5:002, § 1(188).
(C) The stormwater system in the city requires regular maintenance and improvements.
(D) Stormwater quality is degraded due to erosion and the discharge of nutrients, metals, oil, grease, toxic materials, and other substances into and through the stormwater system.
(E) The public health, safety, and welfare are adversely affected by poor ambient water quality and flooding.
(F) All real property in the city either uses or benefits from the maintenance of the stormwater system.
(G) The extent of use of the stormwater system by each property is dependent on factors that influence runoff, including land use and the amount of impervious surface on the property.
(H) The cost of improving, maintaining, operating and monitoring the stormwater system should be allocated, to the extent practicable, to all property owners based on the impact of runoff from the impervious areas of their property on the stormwater management system.
(I) Management of the stormwater system to protect the public health, safety, and welfare requires adequate revenues and it is in the interest of the public to finance stormwater management adequately with a use fee system that is reasonable and equitable so that each use of the system pays to the extent to which they contribute to the need for it.
(J) The city is required to develop a stormwater quality program through the NPDES Phase II Stormwater Program that is required by state and federal law.
(Ord. 13-998, passed 9-30-13)