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(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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