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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AVERAGE RESIDENTIAL IMPERVIOUS AREA. The average square footage of impervious area on one- and two-family residential properties in the city as determined by sampling the one- and two-family residential properties.
CITY. The City of Pewee Valley, Kentucky.
DEVELOPED. The condition of real property altered from its natural state by the addition to or construction on the property of impervious ground cover or other man-made physical improvements such that the hydrology of the property or a portion thereof is affected.
DEVELOPER. A person, firm, partnership, corporation or other entity that excavates, builds or otherwise improves a specific parcel or tract of land.
DRAINAGE SERVICE CHARGE. The fee levied upon all developed real property within the boundaries of the city.
EQUIVALENT RESIDENTIAL UNIT (ERU). The billing unit used in the formula for generating charges for properties. The ERU for all one- and two-family residential properties shall be one. The ERU for each Class B property is calculated by dividing the impervious area of a property by the average residential impervious area, and rounding to two decimal points.
EXISTING. Present or in effect as of the time of the adoption of this subchapter.
FACILITIES. Various flood control, drainage works and storm water systems that include, but are not limited to, inlets, conduits, manholes, energy dissipation structures, channels, outlets, retention basins, detention basins, other structural components, ditches, floodwalls, basins, pipes, walls, channels, creeks, ponds, drainage easements, drainage right-of-way, drainage dedications and other interests in property used, dedicated, controlled, possessed, maintained or leased by the city, for drainage purposes, together with all appurtenances which connect or assist in drainage of water or flood control.
IMPERVIOUS SURFACE. Those hard surface areas either which prevent or retard the entry of water into the soil in the manner that the water entered the soil under natural conditions pre-existent to development, or which cause water to run off the surface in greater quantities or at an increased rate of flow than that present under natural conditions pre-existent to development, including, without limitation, the surfaces as roof tops, asphalt or convert paving, driveways and parking lots, walkways, patio areas, storage areas or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development.
PREMISES. A lot or parcel, and the building and other improvements situated thereon.
STORM SEWER OR STORM DRAIN. A sewer which carries storm waters, surface runoff and drainage, but which excludes sanitary sewage and industrial waste other than unpolluted cooling water.
STORM, STORM WATER and SURFACE WATER. They are used as interchangeable terms.
STORM WATER SYSTEMS and STORM WATER DRAINAGE. All man-made facilities, structures and natural water courses used for collecting and conducting storm water to, through and from drainage areas to the points of final outlet including, but not limited to, any and all of the following: inlets, conduits, appurtenant features, canals, creeks, channels, catch basins, ditches, streams, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levies and pumping stations.
SYSTEM. The water quality drainage system created herein, which consists of the entire system of flood protection and storm water drainage and surface water runoff facilities owned or leased by the city or over which the city has right of use for the movement and control of storm drainage and surface water runoff, including both naturally occurring and man-made facilities.
UNDEVELOPED. That condition of real property unaltered by the construction or addition to the property by man of impervious ground cover or physical man-made improvements of any kind which change the hydrology of the property from its natural state.
WATER QUALITY MANAGEMENT USER FEE POLICY. A written policy adopted by municipal order, as set out herein, that direct out the day-to-day operational detail required to carry out the intent of this subchapter, including the setting of fees.
(Ord. 2009-2, passed 6-1-2009)
(A) The city shall monitor the design, operation, maintenance, inspection, construction and use of all storm sewers, storm drains and storm water facilities in the city and shall have exclusive jurisdiction for the design and construction of public storm water facilities in the city and shall inspect, operate and maintain the facilities.
(B) The city shall have exclusive jurisdiction for the inspection, maintenance, repair, removal, construction and operation of drainage facilities on all city streets, boulevards, alleys, viaducts, sidewalks, curbs, street crossing, grade separation and other public ways and easements, and all drains, ditches, culverts, canals, streams, levees, tunnels and appurtenances thereof.
(C) The city shall implement and execute this subchapter by and through its Mayor-Council form of government under KRS 83A.130, with the Council approving this subchapter as well as the Water Quality Management User Fee Policy; then the Mayor executing the ordinance and policy.
(Ord. 2009-2, passed 6-1-2009)
(A) In order to accomplish the purpose of this subchapter, and to protect the system, to secure the best results from the construction, operation and maintenance thereof, and to prevent damage and misuse of any of the drainage facilities, improvements or properties within the city, the city shall prepare necessary and reasonable rules and regulations (hereinafter referred to as the Water Quality Management User Fee Policy) which may include, but not be limited to, the following:
(1) Prescribe the manner in which storm sewers, ditches, channels and other storm water facilities are to be designed, installed and adjusted, used, altered or otherwise changed;
(2) Prescribe inspection and other fees permitted by this subchapter;
(3) Prescribe the manner in which the facilities are operated;
(4) Facilitate the enforcement of this subchapter;
(5) Prescribe the collection procedures and timing of service charge bills;
(6) Protect the drainage facilities, improvements and properties controlled by the city and to prescribe the manner of their use by any public or private person, firm or corporation; and
(7) Protect the public health, safety and welfare.
(B) The Mayor shall submit the Water Quality Management User Fee Policy (and any changes, additions or amendments thereto) to the City Commission for approval, via a municipal order. The initial Water Quality Management User Fee Policy of the city is dated June 1, 2009; and was passed via municipal order on the same date.
(Ord. 2009-2, passed 6-1-2009)
The city shall be responsible for all storm and surface water drainage plan reviews for all development in the city. Any person or organization removing, constructing, enlarging, altering, repairing, relocating or demolishing a storm sewer, natural watercourse or other drainage facility, must first file an application and obtain a permit from the city.
(Ord. 2009-2, passed 6-1-2009)
Funding for the system and other water quality activities connected therewith shall include, but not be limited to:
(A) Funds appropriated by the city;
(B) Storm drainage service charge;
(C) Permit and inspection fees;
(D) Direct charges. This charge will be collected from owner and developers for the cost of designing and constructing storm water facilities and administrative costs and related expenses where the city designs and constructs or contracts for the construction of the facilities; and
(E) Other income obtained from federal, state, local and private grants or revolving funds.
(Ord. 2009-2, passed 6-1-2009)
The city will implement a capital improvements program. The city shall submit the capital improvement program which lists the capital improvements to the city for approval. Upon approval of the capital improvements program, the city shall have authority to proceed with, awarding of contracts, acquisition of property and construction of the projects and no other approval will be required.
(Ord. 2009-2, passed 6-1-2009)
The city will operate and maintain a complaint response system in order to assure effective and timely response to all surface and storm water drainage complaints and shall regularly and timely issue report to the city as to the number and type of drainage complaints received and to the response made to the complaints.
(Ord. 2009-2, passed 6-1-2009)
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