(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)
