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(a) The city shall credit the contribution of land, improvements or funding for construction of any system facility that is required or agreed to by the city, pursuant to rules established in this section or pursuant to administrative guidelines promulgated by the city. The credit shall be associated with the plat or other detailed plan of development for the property that is to be served by the transportation facility.
Credit for right-of-way dedication will be determined by the highest of the following three calculations per square foot:
(1) Twenty percent (20%) of the estimated construction cost in the latest transportation improvement plan.
(2) Twenty percent (20%) of the total project cost as determined by the City's acceptance of the roadway facility.
(3) The current Appraisal District Land Market Value per square foot for the property as listed in the most recent Appraisal District Valuation for the property.
(b) Master planned projects, including subdivisions containing multiple phases, and whether approved before or after the effective date of these impact fee regulations, may apply for credits against transportation impact fees for the entire project based upon contributions of land, improvements or funds toward construction of system facilities, or other transportation improvements supplying excess capacity. Credits shall be determined by comparing costs of transportation improvements supplied by the project with the costs of transportation improvements to be utilized by development within the project, utilizing a methodology approved by the city. The credit determination shall be incorporated within an agreement for credits, in accordance with § 30-182.
(c) State and federal law and the city's ordinances, policies and regulations, as amended, shall apply to determine a new development's obligations to construct adjacent system facilities. The obligation to construct, however, shall not exceed the maximum impact fees assessed against the new development under Schedule 1. Construction required under such ordinances, policies and regulations shall be credited against the amount of transportation impact fees otherwise due. If the costs of constructing a system facility in accordance with the community facilities agreement are greater than the amount of impact fees due, the amount of the credit due shall be deemed to be 100% of the impact fees and no impact fee shall be collected thereafter for the development, unless the number of service units is subsequently increased.
(d) All credits against transportation impact fees shall be based upon standards promulgated by the city, which may be adopted as administrative guidelines, including the following standards.
(1) No credit shall be given for the dedication or construction of site-related facilities.
(2) No credit shall be given for a transportation facility which is not identified within the transportation improvements plan, unless the facility is on or qualifies for inclusion on the master thoroughfare plan and the city agrees that such improvement supplies capacity to new developments other than the development paying the transportation impact fee and provisions for credits are incorporated in an agreement for credits pursuant to § 30-182.
(3) In no event will the city grant a credit when no transportation impact fees can be collected pursuant to this article or for any amount exceeding the total transportation impact fees due for the development, unless expressly agreed to by the city in writing.
(4) The city may participate in the costs of a system improvement to be dedicated to the city, including costs that exceed the amount of the impact fees due for the development, in accordance with policies and rules established by the city. The amount of any credit for construction of a system facility shall be reduced by the amount of any participation funds received from the city.
(5) Where funds for transportation facilities have been escrowed through a community facilities agreement or future improvements agreement for transportation facilities that was executed with the city, the following rules apply:
a. Funds expended under the agreement for transportation facilities shall first be credited against the amount of transportation impact fees that would have been due under Schedule 2 for those units of development for which building permits already have been issued; and
b. Any remaining funds shall be credited against impact fees due for the development under Schedule 2 at the time building permits are issued.
(e) Credits for right-of-way dedication shall be created when the right-of-way dedication instrument has been executed. Credits for construction of improvements shall be created when the improvements are completed and the city has accepted the improvements. A development is eligible to receive 75% of the estimated credits when a Community Facilities Agreement for constructing transportation impact fee eligible improvements has been executed and an acceptable financial guarantee in the form of a development bond, cash escrow, escrow agreement, or letter of credit has been delivered to the city. The remaining credits shall be created when the improvements are completed and the city has accepted the improvements. Credits shall expire ten years from the date the credit was created. Upon application by the property owner, the city may agree to extend the expiration date for the credit on mutually agreeable terms.
(f) Unless an agreement for credits under § 30-182 is executed providing for a different manner of applying credits against transportation impact fees due, a credit associated with a plat shall be applied at the time of application for the first building permit and, at each building permit application thereafter, to reduce impact fees due until the credit is exhausted.
(Ord. 18083, § 1(1-15), passed 5-13-2008, eff. 7-1-2008; Ord. 20605-02-2013, § 6, passed 2-5-2013, eff. 4-1-2013; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022; Ord. 26659-01-2024, § 1, passed 1-23-2024)
An owner of a new development who has constructed or financed a transportation improvement or facility expansion designated in the transportation improvements plan, or other transportation improvement that supplies excess capacity, as required or authorized by the city, shall enter into an agreement with the city to provide for credits against transportation impact fees due for the development in accordance with § 30-181. The agreement shall identify the basis for and the method for computing and the amount of the credit due and any reduction in credits attributable to consumption of road capacity by developed lots or tracts served by the transportation improvements. For multi-phased projects, the city may require that total credits be proportionally allocated among the phases. If authorized by the city, the agreement also may provide for allocation of credits among new developments within the project, and provisions for the timing and collection of impact fees.
(Ord. 18083, § 1(1-16), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
(a) The city shall update its land use assumptions and transportation improvements plans at least every five years, commencing from the date of adoption of such plans, and shall recalculate the transportation impact fees based thereon in accordance with the procedures set forth in Tex. Local Government Code Chapter 395, or in any successor statute.
(b) The city may review its land use assumptions, transportation impact fees, transportation improvements plans and other factors such as market conditions more frequently than provided in subsection (a) above to determine whether the land use assumptions and transportation improvements plans should be updated and the transportation impact fees recalculated accordingly, utilizing statutory update procedures.
(c) Schedule 2 may be amended without revising land use assumptions and transportation improvements plans at any time prior to the update provided for in subsection (a) above, provided that the transportation impact fees to be collected under Schedule 2 do not exceed the transportation impact fees assessed under Schedule 1. Public notice and hearing is required to amend Schedule 2 in accordance with the procedure for amending impact fees set forth in Tex. Local Government Code Chapter 395, or in any successor statute.
(d) If, at the time an update is required pursuant to subsection (a) above, the city council determines that no change to the land use assumptions, transportation improvements plan or transportation impact fees are needed, it may dispense with such update by following the procedures in Tex. Local Government Code § 395.0575 or successor statute.
(e) The city may amend any other provisions of this article in accordance with procedures for ordinance amendments contained in the city's Charter.
(Ord. 18083, § 1(1-17), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
(a) The property owner or applicant for new development may appeal the following administrative acts, as provided for in subsection (c), below:
(1) The applicability of a transportation impact fee to the development;
(2) An error in the calculation of the transportation impact fee due;
(3) The availability of, the amount of, or the expiration of a credit;
(4) The application of a credit against a transportation impact fee due;
(5) The amount of the transportation impact fee in proportion to the benefit received by the new development;
(6) The amount of a refund due, if any; or
(7) The availability of a discount against the collection of transportation impact fees.
(b) The burden of proof shall be on the appellant to demonstrate that relief should be granted by the city.
(c) The appellant must file a written notice specifying the specific grounds of the appeal with the Director of Development Services within 30 days following the decision appealed from. A statement that the impact fees owed are too high, by itself, is insufficient grounds for an appeal. The Director or his or her designee may resolve the appeal if the appellant agrees with the Director's decision, or refer the matter to the City Manager for decision with the Director's recommendation. If the appellant disagrees with the City Manager's decision, the appellant may request city council review after receiving the manager's written decision. City council review shall be requested within 30 days from the date the appellant has received the manager's decision. The city secretary shall schedule a public hearing to be held within 30 days of the date the request for city council review has been received, unless otherwise mutually determined, at which the appellant may present testimony and evidence before the city council. The city council may act at the time of the public hearing and must act on the appeal no later than 30 days after the public hearing.
(d) If the notice of appeal is accompanied by a payment or other security satisfactory to the Director, in an amount equal to the original determination of the transportation impact fee due, the city shall process and may issue a building permit if all other requirements are met while the appeal is pending.
(Ord. 18083, § 1(1-18), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022; Ord. 26659-01-2024, §§ 2, 3, passed 1-23-2024)
(a) Upon application, any transportation impact fee or portion thereof collected pursuant to these regulations, which has not been expended within the service area within ten years from the date of payment, shall be refunded to the record owner of the property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Tex. Local Government Code § 395.025, or its successor statute. The application for refund pursuant to this section shall be submitted within 60 days after the expiration of the ten-year period for expenditure of the fee. An impact fee shall be considered expended on a first-in, first out basis.
(b) An impact fee collected pursuant to these regulations shall also be considered expended if the total expenditures for transportation improvements or facility expansions authorized within the service area within ten years following the date of payment exceeds the total fees collected within the service area for such improvements or expansions during such period.
(c) If a refund is due pursuant to subsections (a) or (b) above, the city shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.
(Ord. 18083, § 1(1-19), 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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