§ 50.32 DRAINAGE SERVICE CHARGE.
   (A)   A drainage service charge is imposed on every parcel of land within the drainage service area except for the following exempted properties:
      (1)   City-owned property where that incorporated city has entered into an interlocal drainage service agreement with the MSD providing for detention basin sites, easements, drainage rights-of-way or other assets of value comparable to applicable drainage service charges;
      (2)   Properties owned by the Metro Government, or their budgeted agencies, who have offset their drainage service charges by the dedication of drainage facilities and future considerations through concomitant cooperative agreements;
      (3)   MSD-owned property;
      (4)   Public roads;
      (5)   All undeveloped parcels of land;
      (6)   Properties owned by a fire district organized pursuant to KRS Chapter 75.
   (B)   The following charges are hereby established and imposed for all parcels of real property within the drainage service area, excluding exempted properties:
      (1)   Class A properties or single family residential. The single family residential charge rate per month for each parcel having one or two residential dwelling units shall be the rate contained in MSD’s Schedule of Rates, Rentals and Charges on file with MSD. This flat rate fee is based on each single-family residential parcel being equal to one ESU. The MSD shall determine the number of single- family residential parcels in the drainage service area and designate each as a single ESU irrespective of the size of parcel or the amount of impervious area on the parcel, until such time as the parcel is segregated or the use of the land is modified to other than single-family.
      (2)   Class B or other parcels.
         (a)   The charge for all other parcels within the drainage service area shall be based upon the number of square feet of measured impervious surface, as determined by MSD through aerial photography and surface feature evaluation processes, expressed in whole ESUs by rounding to the next highest ESU (an ESU has been determined to be 2,500 square feet of impervious surface). The charge for Class B properties shall be computed by multiplying the number of ESUs for a given parcel by the unit rate established by MSD per ESU per month. Current rates are contained in MSD’s Schedule of Rates, Rentals and Charges on file with MSD.
         (b)   Any owner of Class B property may request a drainage charge credit adjustment for approved on-site stormwater retention or detention facilities provided that:
            1.   The property owner remains responsible for all costs of operation and maintenance of the facility;
            2.   The facility has been constructed in accordance with all approved plans;
            3.   The owner has obtained the MSD required permits for the facility; and
            4.   MSD has access to the facility for purposes of inspecting for compliance with design, maintenance and operating standards.
   (C)   If MSD approves a drainage charge credit for on-site stormwater retention or detention facilities, the credit will be applied by reducing the number of billable ESUs by the percent of reduction in stormwater runoff due to such on-site facilities, as determined by the MSD. The net billable ESUs after such credit is applied shall be expressed in whole ESUs by rounding to the next highest ESU, and the adjusted drainage service charge shall not be less than 18% of the drainage service charge before the credit adjustment.
(1994 Jeff Code, § 50.22) (Jeff. Ord. 32-1986, adopted and effective 12-19-1986; updated 1-1-1992; Lou. Metro Am. Ord. No. 275-2007, approved 12-6-2007; Lou. Metro Am. Ord. No. 180-2015, approved 10-26-2015)