The amount of exactions shall be determined by zoning, public facility cost and acreage in accordance with a schedule adopted by resolution of the Lexington-Fayette Urban County Council. Any amendments to the Exaction Schedule, as specified under Subsection (b) of this section, shall also be adopted by resolution of the Council.
(a) Miscellaneous Exaction Provisions. The following special circumstances shall be addressed as provided below:
(1) Inasmuch as land in the Conservation District (CD) zone is proposed for future public acquisition, there shall be no exactions imposed for any use permitted in the CD zone.
(2) Land developed in the Transition Area (TA) zone shall be subject to an exaction based on the underlying zone.
(3) The Exaction Schedule shall include an adjustment for the exactions of any EAR-1 property which lies in its entirety within a Scenic Resource Area. The adjustment shall be based proportionally upon the reduced on-site density. Should such density be recaptured under a Density Transfer Right, exactions shall be paid for such unit as a part of obtaining a Certificate of DTR under Section 23A-2(m)(2)(f).
(4) In the event a zone change is granted to a category where no exaction is shown in the adopted Exaction Schedule, no development activity shall occur until the Urban County Council has amended this Article and/or the Exaction Schedule, as necessary, to create an appropriate exaction.
(b) Review, Adjustment and Amendment of Exactions. The exactions set forth in this Article are based upon good faith estimates of the costs of acquiring lands for open space, parks, and infrastructure, and the costs of constructing system improvements. The Lexington-Fayette Urban County Government acknowledges that a cost estimate, which as closely as possible approximates the actual construction cost, is in the best interest of the operation of the exaction program. Therefore, beginning four (4) months after the date of the adoption of the resolution establishing the Exaction Schedule, and on a quarterly basis thereafter, the Department of Finance and the Department of Public Works shall review the methodology report and recommend the increase or decrease of all exactions, with the exception of the Open Space Exaction, based upon the actual costs of acquiring properties or interests in properties and the actual costs of constructing system improvements. The methodology for calculation of the estimated public facility cost and exaction shall entail:
(1) Adjusting the total estimated cost of the facility by factoring the actual costs for system improvements constructed as of the date of the calculation into the estimated cost of the system improvement to the extent those improvements have been constructed;
(2) Subtracting from this adjusted total estimated facility cost the total committed exactions paid or due as calculated by totaling the exactions on previously recorded subdivision plats; and
(3) Subsequently recalculating the Exaction Schedule based upon the calculations described under Subsections (1) and (2) of this section by apportioning the remaining cost by zone and acreage of all land in the exaction district not accounted for in Subsection (b)(2) of this section, above.
Beginning January 1, 2002, and at least at five-year intervals thereafter, the Open Space Exaction shall be subject to such review and adjustment based on the actual cost of acquiring the interest in property. The failure to review such exactions and methodology report shall not invalidate this Article or exactions imposed pursuant to this Article. The Department of Finance shall consult with the Divisions of Engineering, Planning and other Divisions of the Urban County Government, as appropriate, in the review of the methodology report and the determination of the adjustments to the exactions.
(Code 1983, § 23C-5; Ord. No. 175-2002 , § 1, 7-16-2002; Ord. No. 207-2002 , § 1, 8-22-2002; Ord. No. 166-2017 , § 11(23C-5), 11-16-2017)
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