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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)