(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)
