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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)
(a) The capital improvements advisory committee for transportation impact fees shall perform the following functions:
(1) Advise and assist the city in adopting land use assumptions;
(2) Review the transportation improvements plans and file written comments on impact fees;
(3) Monitor and evaluate implementation of the transportation improvements plans;
(4) Advise the city of the need to update or revise the land use assumptions, transportation improvements plans and transportation impact fees; and
(5) File a semiannual report, which shall be circulated among interested organizations, evaluating the progress of the transportation improvements plans and identifying perceived inequities in implementing the plans or administering the transportation impact fees.
(b) The city shall make available to the capital improvements advisory committee for transportation impact fees any professional reports prepared in the development or implementation of the transportation improvements plans.
(c) The city council will adopt procedural rules for the capital improvements advisory committee for transportation impact fees to follow in carrying out its duties.
(Ord. 18083, § 1(1-9), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
(a) The city may finance transportation improvements or facility expansions designated in the transportation improvements plan through the issuance of bonds, through the formation of public utility districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees.
(b) Except as herein otherwise provided, the assessment and collection of a transportation impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property.
(c) The city council may decide that the city shall pay all or a part of transportation impact fees due for a new development pursuant to duly adopted criteria.
(Ord. 18083, § 1(1-10), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
(a) Transportation impact fees established by these regulations are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land or the issuance of building permits or certificates of occupancy. Such fee is intended to be consistent with and to further the policies of city's comprehensive land use plan, the capital improvements plan, the zoning ordinance, subdivision regulations and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of adequate public facilities in conjunction with the development of land.
(b) This article shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations and policies of the city, which shall be operative and remain in full force and effect without limitation with respect to all such development.
(Ord. 18083, § 1(1-11), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
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