Loading...
This article is intended to assure the provision of adequate transportation facilities to serve new development in the city by requiring each development to pay a share of the costs of such improvements necessitated by and attributable to such new development.
(Ord. 18083, § 1(1-2), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
This article is adopted pursuant to Tex. Local Government Code Chapter 395 and the Fort Worth City Charter. The provisions of this article shall not be construed to limit the power of the city to utilize other methods authorized under state law or pursuant to other city powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this article. Guidelines may be developed by ordinance, resolution or otherwise to implement and administer this article.
(Ord. 18083, § 1(1-3), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
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)
The provisions of this article apply to all new, non-exempt development within the corporate boundaries of the city located within a transportation service area.
(Ord. 18083, § 1(1-5), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
(a) Maximum transportation impact fees per service unit shall be established for each service area. The maximum impact fee per service unit for each service area shall be computed in the following manner:
(1) Calculate the total projected costs of transportation improvements necessitated by and attributable to new development in the service area identified in the transportation improvements plan;
(2) From such amount, subtract a credit equal to the amount of that portion of ad valorem tax revenues, if any, to be generated by new service units during the period the transportation improvements plan is in effect, including the payment of debt, associated with the transportation improvements in the plan; and
(3) Divide the resultant amount by the total number of service units anticipated within the service area, based upon the land use assumptions forthat service area.
(b) The impact fee per service unit which is to be paid by each new development within a service area shall be that established by ordinance by the city council, as such may be amended from time to time, and shall be an amount less than or equal to the maximum impact fee per service unit established in subsection (a) above.
(c) The city may vary the rates of collection or amount of transportation impact fees per service unit among or within service areas in order to reasonably further goals and policies affecting the adequacy of transportation facilities serving new development, or other regulatory purposes affecting the type, quality, intensity, economic development potential or development timing of land uses within such service districts.
(d) The maximum impact fee per service unit for transportation facilities, as may be amended from time to time, hereby is declared to be an approximate and appropriate measure of the impacts generated by a new unit of development on the city's transportation system. To the extent that the impact fee charged against a new development, as may be amended from time to time, is less than the maximum impact fee per service unit, such difference hereby is declared to be founded on policies unrelated to measurement of the impacts of the new development on the city's transportation system. The maximum impact fee may be used in evaluating any claim by a property owner that the dedication or construction of a capital improvement within a service area imposed as a condition of development approval pursuant to the city's subdivision or development regulations is disproportionate to the impacts created by the development on the city's transportation system.
(Ord. 18083, § 1(1-7), passed 5-13-2008, eff. 7-1-2008; Ord. 20605-02-2013, § 4, passed 2-5-2013, eff. 4-1-2013; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
(a) The transportation impact fees collected for each service area pursuant to these regulations may be used to finance or to recoup the costs of any transportation improvements or facility expansions identified in the transportation improvements plan for the service area necessitated by new development, including but not limited to the construction contract price, surveying and engineering fees, and land acquisition costs (including land purchases, court awards and costs, attorney's fees and expert witness fees). Transportation impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such transportation improvements or facility expansions. Transportation impact fees also may be used to pay fees actually contracted to be paid to an independent qualified engineer or financial consultant for preparation of or updating the transportation improvements plan.
(b) Transportation impact fees collected pursuant to this article shall not be used to pay for any of the following expenses:
(1) Construction, acquisition or expansion of transportation improvements or assets other than those identified in the applicable transportation improvements plan;
(2) Repair, operation or maintenance of existing or new transportation improvements or facility expansions;
(3) Upgrading, updating, expansion or replacement of existing transportation improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
(4) Upgrading, updating, expansion or replacement of existing transportation improvements to provide better service to existing development; or
(5) Administrative and operating costs of the city.
(Ord. 18083, § 1(1-7), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
(a) The city's financial management services department shall establish an account to which interest is allocated for each service area for which a transportation impact fee is imposed pursuant to this article. Each impact fee collected within the service area shall be deposited in such account.
(b) Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be used solely for the purposes authorized in § 30-157.
(c) The city's financial management services department shall establish adequate financial and accounting controls to ensure that transportation impact fees disbursed from the account are utilized solely for the purposes authorized in § 30-157. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purposes and intent of this article; provided, however, that any road impact fee paid shall be expended within a reasonable period of time, but not to exceed ten years from the date the fee is deposited into the account.
(d) The city's financial management services department shall maintain and keep financial records for transportation impact fees, which shall show the source and disbursement of all fees collected in or expended from each service area. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The city may establish a fee for copying services.
(Ord. 18083, § 1(1-8), passed 5-13-2008, eff. 7-1-2008; Ord. 18318-09-2008, § 4, passed 9-30-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
Loading...