Sec. 6.5-51.  Findings; authority.
   (a)   Findings.
      (1)   The city maintains a system of 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.
      (2)   The stormwater system in the city requires regular maintenance and improvements.
      (3)   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.
      (4)   The public health, safety, and welfare is adversely affected by poor ambient water quality and flooding.
      (5)   All real property in the city either uses or benefits from the maintenance of the stormwater system.
      (6)   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 areas of their property on the stormwater management system.
      (7)   The cost of improving, maintaining, operating and monitoring the stormwater system shall 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.
      (8)   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 user of the system pays to the extent to which they contribute to the need for it.
      (9)   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.
   (b)   Authority. Authority for the adoption of this system of user fees to fund the implementation of stormwater management programs is derived from KRS 91A.510 - 91A.530.
(Ord. No. 1726, § 1, 12-13-07)