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GENERAL PROVISIONS
(A) Both population and employment within the Louisville and Jefferson County metropolitan area are growing and creating demands for new residential and nonresidential development. New development creates additional demand and need for public streets and roads.
(B) The protection of the health, safety and general welfare of the citizens of Louisville Metro requires that the public streets and roads be improved to meet the demands for these facilities.
(C) The report titled "System Development Charges for Roadways Report," by Gresham, Smith & Partners, sets forth reasonable methodologies and analyses to determine the impacts of various types of residential development on the public streets and roads, and to determine the cost to improve the public streets and roads through system development charges.
(D) There is both a rational nexus and a rough proportionality between the development impacts created by each type of development covered by this chapter and the transportation systems development charges that such development will be required to pay.
(E) This chapter creates a system by which system development charges for roadways will be used to expand or improve the public streets and roads, so that the payor will receive a corresponding benefit within a reasonable period of time after the charge is paid.
(F) The intent of this chapter is to ensure that adequate public streets and roads are available to serve growth and development in Louisville Metro, so that growth and development bear their proportionate share of the cost of improvements to these facilities.
(G) The intent of this chapter is to create a partnership between the private sector and the public sector for the improvement of public roadways. It is expressly acknowledged that it is not the intent of this chapter to collect any money in excess of the actual amount necessary to offset demands generated by a new development.
(Lou. Metro Ord. No. 66-2006, approved 4-17-2006)
RULES OF CONSTRUCTION
For the purposes of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply:
(A) In case of any difference in meaning or implication between the text of this chapter and any caption, illustration, summary table or illustrative table, the text shall control.
(B) The word "shall" is always mandatory and not discretionary. The word "may" is always permissive.
(C) Words used in the present tense shall include the future tense, and words used in the singular number shall include the plural number, and vice versa, unless the context clearly indicates the contrary.
(D) The word "party" indicates an individual, a corporation, a partnership, an incorporated association, or any other entity.
(E) Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either...or," the conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected terms, conditions, provisions or events shall apply.
(2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
(3) "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
(F) The word "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
(G) Where a road right-of-way is used to define Transportation Benefit District boundaries, that portion of the boundary road demarcating the Transportation Benefit District boundary may be considered as part of either, or both, Transportation Benefit Districts it bounds. Funds from either or both Transportation Benefit Districts that are defined by a common boundary road may be used to make improvements to that boundary road.
(H) If any one phrase, clause, sentence, provision, paragraph, section or part of this chapter shall judicially be declared to be invalid or unconstitutional, the remaining phrases, clauses, sentences, provisions, paragraphs, sections or parts thereof shall not be affected, but shall remain in full force and effect.
(Lou. Metro Ord. No. 66-2006, approved 4-17-2006)
DEVELOPMENT REQUIREMENTS; EXEMPTIONS
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