(A) Proportionality determination.
(1) Before a decision by the Planning and Zoning Commission on an application or for approval of a plat or plan for development, or prior to a decision on any other application on which an exaction requirement is placed as a condition of approval, the City Engineer shall affirm that the requirements of this chapter, or other ordinance requiring the permit, as applied to the proposed subdivision or development, do not impose costs on the applicant for public infrastructure improvements that exceed those roughly proportionate to the impact of the proposed subdivision or development. In making this determination, the City Engineer may consider any information relating to the impacts created by the proposed subdivision or development on the city's public facilities systems, including:
(a) The proposed and potential use of the land;
(b) The timing and sequence of development in relation to availability of adequate levels of public facilities systems;
(c) Impact fee studies; traffic impact studies; drainage studies; or any other studies or standards that measure the demand for services created by developments and the impact on the city's public facilities systems;
(d) The level of service and functionality of both on-site and off-site public infrastructure improvements in serving the proposed subdivision or development;
(e) The degree to which acceptable private infrastructure improvements to be constructed and maintained by the applicant will offset the need for public infrastructure improvements; and
(f) Any reimbursements for the costs of public infrastructure improvements for which the proposed subdivision is eligible.
(2) The City Engineer may require an applicant and the applicant's engineer, at their expense, submit reasonable information or studies that may assist in making the proportionality determination.
(B) Appeal to City Council.
(1) A subdivider or other applicant for approval of a plat or plan for development, or other permit which imposes an exaction requirement as a condition of approval may appeal the City Engineer's determination under division (A) to the City Council under Tex. Local Gov’t Code § 212.904. To pursue an appeal, the subdivider or applicant must file a written notice of appeal with the City Secretary within ten days of the date the Planning and Zoning Commission or the city official responsible for issuing the permit takes an action applying the exaction requirement, which may include denial of the permit or plat. The notice of appeal shall:
(a) Specifically state each exaction requirement for which relief is sought;
(b) For each requirement, state the reasons application of the requirement is not roughly proportional to the nature and extent of the impact created by the proposed subdivision or development; and
(c) Where appropriate, propose an alternative requirement the subdivider or applicant contends is roughly proportional to the nature and extent of the impact created by the proposed subdivision or development.
(2) The City Secretary shall forward the appeal to the City Council for consideration.
(C) Appeal to court. An applicant may appeal the decision of the City Council to the county or district court of the county in which the development is located, within 30 days of the date that the City Council issues its final decision.
(Ord. 06-2019-32, passed 6-11-19)