Capacity charges are not applicable to the following:
(A) Existing developed properties connecting to the MSD’s system but previously served by another (non-MSD) sewer system or on-lot wastewater disposal system.
(B) Properties to be served by a new wastewater treatment plant to be owned by MSD and constructed and financed jointly by agreement between MSD and one or more developers; however, the prorated shares of the developer’s capital costs, based on their estimated use of design capacity, shall not be less than the amounts MSD would recover by using the capacity charge calculations. Properties in the service area not party to the agreement will pay the capacity charge.
(C) Properties within an “Enterprise Zone” established pursuant to KRS Chapter 154.
(D) Properties owned by the Metro Government.
(E) Properties which connect prior to January 1, 1993 to an MSD sewer which was installed and available in an abutting right-of-way or easement as of January 1, 1987, provided that the properties were annexed into MSD’s wastewater service area at the written request of the owner dated and received by the MSD prior to January 1, 1987, and provided that the properties are being developed, or have recently been developed, at the time of connection.
(F) Properties within the boundaries of the metropolitan area which, in 1946, transferred the then existing metropolitan sewerage system to the MSD at no cost to the MSD. Funds collected by the capacity charge shall be used to finance future sewerage expansion that will serve new development.
(G) Properties owned by a fire district organized pursuant to KRS Chapter 75.
(1994 Jeff Code, § 50.38) (Jeff. Ord. 3-1987, adopted and effective 2-10-1987; Jeff. Am. Ord. 5-1992, adopted and effective 4-28-1992; Lou. Metro Am. Ord. No. 275-2007, approved 12-6-2007; Lou. Metro Am. Ord. No. 112-2015, approved 8-3-2015)