(A) The purposes of the establishment of a drainage authority coextensive with and under the control of MSD is for MSD to take possession, control, use and domination of and over all storm and surface water drainage facilities and systems of the Metro Government, to be responsible for maintenance of all storm water facilities, to improve, manage, operate and repair storm water facilities, to provide for effective management and financing of a storm water system within Jefferson County, to provide methods for irrigating the damaging effects of uncontrolled and unplanned storm water runoff, to improve the public health, safety and welfare by providing for the safe and efficient capture and conveyance of storm water runoff and the correction of storm water problems, to authorize the establishment and implementation of a master plan for storm drainage including design, coordination, construction, management, operation, maintenance, inspection and enforcement, to establish reasonable storm water service charges based on each property’s contribution of storm water runoff to the system and use of MSD’s facilities and services to real property and to encourage and facilitate urban water resources management techniques including detention of storm water runoff, minimization of the need to construct storm sewers, and the enhancement of the environment.
(B) In order to accomplish such purposes, a storm water service charge shall be made on all real property within Jefferson County and included in the district area or drainage service area. The primary consideration in setting the service charge for all real property served by MSD’s facilities (including the facilities assigned, transferred, leased or subleased to MSD), shall be each property's contribution to runoff.
(C) Service charges for all single-family residential property shall be uniform. MSD may give consideration to specific or unusual service requirements of some properties, and special and general benefits accruing to or from properties as a result of providing their own storm water management facilities.
(D) MSD’s storm water service charge shall be fair and reasonable and bear a substantial relationship to the cost of providing service and facilities. Rate studies shall be conducted periodically by MSD.
(E) Service charges for residential properties of two or fewer dwelling units shall reflect the relatively uniform effect that residential development has on runoff and services provided by storm water facilities of MSD. Large residential lots generally have a lower overall intensity of development than small residential lots because a lesser percentage of larger lots is covered with hard surfaced area. The effect of large residential properties on storm water runoff and service provided by MSD’s facilities is lowered by less imperviousness. Multi-family residential properties having three or more dwelling units and properties in land uses other than residential shall pay according to the amount of storm water runoff and services provided by the facilities of MSD as computed by multiplying the number of ESU's times a charge per ESU.
(F) An appeal and service charge adjustment process shall be created and employed by MSD to review storm water charges when unusual circumstances exist which alter runoff characteristics or when either service or benefit varies from normal conditions or when computation of ESU is disputed.
(1994 Jeff. Code, § 32.019) (Jeff. Ord. 31-1986, adopted and effective 12-19-1986; Lou. Metro Am. Ord. No. 275-2007, approved 12-6-2007)