(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)