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(A) Requirement. On and after the effective date of this chapter, any party who shall construct a new residential dwelling unit, including but not limited to single-family homes, apartments, patio homes, condominiums and mobile or manufactured homes, in one of the Transportation Benefit Districts, shall be obligated to pay a systems development charge for roadways. Parties who apply for building permits up to 60 days after the effective date of this chapter shall not be required to pay a system development charge.
(B) Payment of charges.
(1) A party applying for any building or construction permit for a development as set forth in subsection (A), above, shall pay a charge to the Systems Development Charge Administrator for the amount of space the building permit allows to be constructed, prior to the issuance of such permit.
(2) No permit shall be issued, no connection shall be made, and no such other development shall be occupied or allowed to go into use until the charge required by this chapter is paid.
(C) Determination of charge.
(1) The system development charge shall be as set forth in § 164.30 of this chapter.
(2) When a proposed development includes two or more types of residential dwelling units in any combination, including two or more types of dwelling units within a building or structure, the total system development charge shall be based on the sum of the charges for each type of dwelling unit, unless otherwise provided for in this chapter.
(3) If a development required to pay a system development charge under this chapter is located on a road classified as a designated road, the site-related improvements as required by the Planning Commission must be made, and a system development charge as set forth in § 164.30 of this chapter must be paid. Any non-site-related improvements made as part of the development process may be used to offset the required system development charge, as set forth under § 164.17(A)(2) of this chapter.
(4) If a development required to pay a system development charge under this chapter is located on a road not classified as a designated road, the road must be improved to meet the requirements set forth in all applicable ordinances of the Louisville Metro Government. Credit will be given for the cost of non-site-related roadway improvements against the system development charge due, however, no credit will be given for the cost of improvements that exceed the total system development charge due for developments on non-designated roads, and no refund of costs or expenses will be made. The requirements of this subsection regarding the widening of a non-designated road may, for owners of lots of five acres or more, be waived by the System Development Charge Administrator; however, in no case may the System Development Charge Administrator waive the requirement of payment of the system development charge.
EXAMPLE: A developer chooses to develop a subdivision consisting of 70 single-family homes on property located on Smith Road, five miles from James Road which is a collector level roadway. Both roads are located in a Transportation Benefit District. Smith Road is not classified as a designated road and is only 12 feet wide. Based on a traffic study, it was determined that James Road will be the primary route taken to access the subdivision. The developer will be required to improve Smith Road to meet the requirements of all applicable ordinances of the Louisville Metro Government for the five miles between the subdivision and James Road, as well as across the subdivision's frontage, and pay a system development charge of $70,000. The cost of the non-site-related roadway improvements may be used to offset the system development charge due, but cannot result in an additional credit or a refund of the cost of improvements in excess of the amount used to offset the system development charge.
(5) (a) All new standard subdivision developments on designated roads that are not 18 feet in width and which are approved after the effective date of this chapter shall be allowed only one single-family residential home per five acres (or the equivalent thereof in subdivisions with large acreages) prior to when the road and associated structures are widened to meet the requirements of this chapter.
(b) With the prior written approval of the System Development Charge Administrator, to meet the standards listed above, a developer may choose to improve a designated road and associated structures to meet the minimum 18-foot width requirement, rather than waiting until the road and associated structures are improved by the Louisville Metro Government. After the designated road is widened to at least 18 feet, the developer shall be entitled to obtain permits and build to the extent approved for the standard subdivision. In such case, the developer will be eligible for a full refund of the cost of roadway improvements, in accordance with the provisions of § 164.35(B)(3), and the system development charge due for the development will be payable at the time building permits are requested.
(c) In the event a developer chooses to wait until the designated road and associated structures are widened by the Louisville Metro Government, a Notice of Unbuildable Lots shall be put to record in the Office of the Clerk of Jefferson County prior to the issuance of the first building permit to indicate that certain lots are not eligible for building permits until such time as the designated road and associated structures are widened to meet the requirements of this chapter.
(Lou. Metro Ord. No. 66-2006, approved 4-17-2006; Lou. Metro Am. Ord. No. 159-2006, approved 9-18-2006; Lou. Metro Am. Ord. No. 247-2007, approved 11-12-2007)
(A) Permitted exemptions and credits.
(1) The following shall be exempt from the requirements of this chapter:
(a) Alteration, expansion or replacement of an existing residential building where no additional dwelling units are created.
(b) The construction of accessory buildings or structures which will not produce additional vehicular trips over and above those produced by the principal building or use of the land.
(c) Any development or construction undertaken by a public entity for public purposes.
(2) The following credits may be used to offset required charges under this chapter:
(a) All non-site related roadway improvements required as a condition of plan approval;
EXAMPLE: A developer is required to install a left turn lane that is not necessitated by the development but is required as a condition of plan approval, at a cost of $100,000, along a non-designated road (this is a non-site related improvement). The system development charge due for the development is $200,000. The cost of the left turn lane can be used to offset the $200,000 charge, so the total charge due would be $100,000.
EXAMPLE: A developer is required to install a left turn lane that is not necessitated by the development but is required as a condition of plan approval, at a cost of $100,000, along a road that is not classified as designated or non-designated road under this chapter (this would not be a non-site-related improvement). The system development charge due for the development is $200,000. The cost of the left turn lane cannot be used to offset the $200,000 charge, so the total charge due would be $200,000.
(b) The contribution of land (not including frontage dedications), money, or services for the undertaking of construction or related activities for non-site related improvements to public roads;
(c) Non-site related roadway improvements previously contributed, paid for, or committed to by the property owner or his or her predecessor in interest as a condition of approval of development of the subject site after December 4, 2003;
(d) The cost of realignment of a roadway, where such realignment is required as a condition of plan approval, regardless of whether such realignment is deemed to be site-related or non-site-related.
(3) Under no circumstances will credits that exceed the system development charge due under this chapter be permitted to carry over or transfer to another development.
EXAMPLE: A developer is required to install a left turn lane at a cost of $300,000, along a portion of a non-designated road not directly adjacent to the development. The system development charge due for the development is $200,000. The cost of the left-turn lane may be used to offset the $200,000 charge, and no charge would be due. However, the difference between the charge ($200,000) and the cost of the improvement ($300,000) not used to offset the charge may not be carried over by the developer to offset charges associated with another development, and may not be transferred to another developer to offset a system development charge due for another development.
(B) Request for exemption or credit required.
(1) If a permit is requested for the proposed development, any claim for exemption or credit must be made no later than the date of the application for the permit for the proposed development.
(2) The Transportation System Development Charge Administrator shall determine the validity of any claim for exemption or credit within 30 days of receiving that claim and shall notify the claimant in writing of the determination. This notification constitutes a final action that may be appealed to the Louisville Metro Code Enforcement Board as described in § 164.40 of this chapter.
(Lou. Metro Ord. No. 66-2006, approved 4-17-2006; Lou. Metro Am. Ord. No. 247-2007, approved 11-12-2007)
TRANSPORTATION BENEFIT DISTRICTS
(A) Districts explained. Existing roads that fail to meet the roadway width standards of Chapter 94, are predominantly located within four Transportation Benefit Districts created to prioritize transportation needs and manage capital roadway improvement projects.
(B) Designated roads. A list of designated roads shall be maintained at all times by the System Development Charge Administrator, and updated on an annual basis by the System Development Charge Oversight Committee.
(C) Review process.
(1) There shall be established a System Development Charge Oversight Committee, which shall be responsible for reviewing the classification of roads as designated or non-designated roads, and the calculation of charges on a bi-annual basis. The composition of the Oversight Committee shall be as follows:
(a) System Development Charge Administrator;
(b) Director, or designee, of the Department of Planning and Design Services;
(c) Director, or designee, of the Department of Public Works;
(d) A representative of the Home Builders Association of Louisville selected by that organization;
(e) A representative of the Louisville Apartment Association selected by that organization;
(f) An individual selected by Greater Louisville, Inc.;
(g) A neighborhood representative selected by the Planning Committee of the Louisville Metro Planning Commission; and
(h) A representative of the Kentucky Transportation Cabinet selected by that organization.
(2) The aforementioned bi-annual review will be completed in February and July of each year.
(3) Upon completion of the annual review, the Oversight Committee will issue a report of its findings, which shall be made available to the public.
(D) The Appendix hereto contains a map and list of designated roads in each Transportation Benefit District, which roads shall be improved under the terms of this chapter. The System Development Charge Oversight Committee may determine the priority and scheduling of the improvements to the designated roads set forth in the Appendix, may add to the list of designated roads if additional funds are available for improvements, but in no case may the Oversight Committee un-designate any of the designated roads listed in the Appendix.
(Lou. Metro Ord. No. 66-2006, approved 4-17-2006; Lou. Metro Am. Ord. No. 247-2007, approved 11-12-2007)
SYSTEM DEVELOPMENT CHARGE
(A) Calculation of the charge.
(1) The Louisville Metro Government shall calculate the system development charge due by:
(a) Verifying the number and type of dwelling units that are proposed to be constructed, as shown on the building permit application;
(b) Determining the system development charge that shall be applied for each dwelling unit, in accordance with subsection (2), below; and
(c) Multiplying the number of dwelling units by the applicable system development charge.
(2) The applicable system development charge by land use for each of the Transportation Benefit Districts is as follows:
(a) For single-family detached units, detached condominium units, and mobile homes, the system development charge shall be $1,000 per unit.
(b) For attached condominium units, the system development charge shall be $500 per unit.
(c) For multi-family apartment (for rent) units, the system development charge shall be $250 per unit.
(B) Re-use and mixed-use development.
(1) For expansion of an existing development under an approved development plan where additional dwelling units will be constructed, the system development charge shall be based on the portion of the development in excess of what was permitted under the approved development plan. No charge shall be required for construction under a development plan approved prior to the effective date of this chapter, if a valid building permit has been issued prior to that date. However, a system development charge will be due for portions of the development that have not yet been issued a valid building permit as of the effective date of this chapter.
EXAMPLE: A developer obtained approval of a development plan for a single-family subdivision on October 10, 2004, prior to the effective date of this chapter. The developer has valid building permits issued in November, 2004, for 10 homes to be constructed in the subdivision, but has not yet obtained building permits for an additional 60 single-family homes to be constructed under the development plan. No system development charge will be required for the 10 homes authorized to be constructed under the existing building permits, however the developer will be required to pay the system development charge (in this case, $60,000) for the construction of the remainder of the homes to be located in the subdivision.
(2) For a proposed mixed use development, the number of proposed residential dwelling units shall be used to determine the appropriate system development charge for the development.
(3) For mixed commercial and residential developments where the residential component is incidental to the commercial component, the cost of roadway improvements made as a result of the commercial component of the development may be used to offset the system development charge due for the residential component.
EXAMPLE: A developer proposes a shopping center with 100 patio homes incorporated into the design. The roadway improvements necessitated by the commercial component of the development will cost $250,000. The system development charge due for the residential component is $50,000. The cost of the roadway improvements can be used to offset the charge due for the residential portion of the development. The developer will be required to pay for the total cost of the roadway improvements necessitated by the commercial development, but will not be required to pay the charge.
(Lou. Metro Ord. No. 66-2006, approved 4-17-2006)
FUNDS
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