The following words, terms and phrases, when used in this article, whether capitalized or not, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANNEXATION (Full-Purpose). The legal process for annexing an area in order to provide full municipal services. The city enforces all ordinances, provides services as provided by law, and assesses property taxes and sales taxes. (Limited-Purpose) The legal process for annexing an area in order to provide only certain regulatory services for a specified period of time.
ASSESSMENT. The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this article.
CAPITAL IMPROVEMENT. A transportation facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the city.
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE. The city's plan commission, together with such ad hoc representatives as may be appointed from time to time, to fulfill the composition mandated by Tex. Local Government Code § 395.058.
CHANGE OF USE. A new development involving a change in use or occupancy of any existing structure, with the exception of shell building(s) never previously occupied, that has the effect of increasing the number of service units beyond those attributable to the immediately preceding use, which requires the issuance of a new permit and which may include, but is not limited to, the reconstruction, redevelopment, conversion, structural alteration or enlargement of any structure.
CITY. The City of Fort Worth, Texas.
CREDIT. A reduction in the amount of a transportation impact fee for a new development, either by a decrease in the number of service units attributable to such development or a decrease in the amount of transportation impact fees otherwise due, that results from contributions of land, improvements or funds to construct system improvements in accordance with the city's subdivision and development regulations, policies or requirements.
FINAL PLAT APPROVAL. The point at which the applicant has complied with all conditions of approval and the executive secretary of the city plan commission has signed the applicant's plat.
IMPACT FEE. A fee for transportation facilities imposed on new development by the city pursuant to this article in order to generate revenue to fund or recoup all or part of the costs of capital improvements or facility expansion necessitated by and attributable to such new development. IMPACT FEES do not include the dedication of rights-of-way or easements for such facilities, or the construction of such improvements, imposed pursuant to the city's zoning or subdivision regulations.
LAND USE ASSUMPTIONS. The projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the city, as may be amended from time to time, upon which the transportation impact fee Transportation Improvements Plan is based.
LAND USE PER VEHICLE MILE EQUIVALENCY TABLE (LUVMET). A table converting the demands for capital improvements generated by various land uses to numbers of service units, as may be amended from time to time. The Land Use Per Vehicle Mile Equivalency Table may be incorporated in a schedule of impact fee rates.
NEW DEVELOPMENT. A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure, or any use or extension of land, which has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval and filing with the county in which the property is located of a plat pursuant to the city's subdivision regulations or the issuance of a building permit, and which has not been exempted from these regulations by provisions herein.
PROPERTY OWNER. Any person, corporation, legal entity or agent thereof having a legal or equitable interest in the land for which an impact fee becomes due. PROPERTY OWNER includes the developer for the new development.
ROADWAY. Any thoroughfare designated in the city's adopted master thoroughfare plan, as may be amended from time to time. ROADWAY also includes any thoroughfare designated as a numbered highway on the official federal or Texas highway system; to the extent that the city incurs capital improvement costs for such facility.
SERVICE AREA. Designated areas within the city, within which impact fees for Transportation Facility Expansions may be collected from New Development occurring within such area and within which area fees so collected will be expended for those types of improvements or expansions identified in the Transportation Improvements Plan.
SERVICE UNIT. A vehicle mile which shall be defined as one vehicle traveling a distance of one mile during the afternoon peak hour.
SHELL BUILDING. A new, non-residential building that is built without a final use determined.
SITE-RELATED FACILITY. An improvement or facility which is for the primary use or benefit of one or more new developments and/or which is for the primary purpose of safe and adequate provision of transportation facilities to serve the new development, including access to the development, which is not included in the transportation improvements plan, and for which the developer(s) or property owner(s) is solely responsible under subdivision or other applicable development regulations.
SYSTEM FACILITY. A transportation improvement or facility expansion which is designated in the Transportation Improvements Plan. SYSTEM FACILITY may include a transportation improvement which is located within or on the perimeter of a new development site.
TRANSPORTATION FACILITY. An improvement to a ROADWAY which includes, but is not limited to: rights-of-way, whether conveyed by deed or easement, or capacity expansion including additional lanes, intersection improvements, turn lanes, drainage facilities associated with the Roadway, and water and wastewater relocation if affected by the roadway. TRANSPORTATION FACILITY also includes improvements, as described above, to a roadway officially enumerated in the federal or Texas highway system to the extent that the city has incurred capital costs for such facilities, including, without limitation, local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances and rights-of-way.
TRANSPORTATION FACILITY EXPANSION. The expansion of the capacity of an existing roadway in the city to serve new development, but does not include the repair, maintenance, modernization or expansion of roadways to better serve existing development.
TRANSPORTATION IMPROVEMENTS PLAN. The adopted plan, as may be amended from time to time, which identifies the transportation facilities or transportation facility expansions and their costs for each transportation service area, which are necessitated by and which are attributable to new development, for a period not to exceed ten years, which are to be financed in whole or in part through the imposition of transportation impact fees pursuant to this article.
(Ord. 18083, § 1(1-4), passed 5-13-2008, eff. 7-1-2008; Ord. 20086-03-2012, § 1, passed 3-6-2012; Ord. 20605-02-2013, § 4, passed 2-5-2013, eff. 4-1-2013; Ord. 20852-08-2013, § 1, passed 8-6-2013; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)