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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)
If the building permit for a new development for which a transportation impact fee has been paid has expired, and a modified or new application has not been filed within six months of such expiration, the city shall, upon written application, rebate the amount of the impact fee to the record owner of the property for which the impact fee was paid. If no application for rebate pursuant to this section has been filed within this period, no rebate shall become due.
(Ord. 18083, § 1(1-20), passed 5-13-2008, eff. 7-1-2008; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)
(a) Pursuant to Tex. Local Government Code § 395.022, as amended, a school district is not required to pay transportation impact fees imposed under this article unless the board of trustees of the district consents to the payment of the fees by entering a contract with the city imposing the fees.
(b) Impact fees will be waived for qualified neighborhood empowerment zone (NEZ) projects or properties.
(c) A change of use, as defined in § 30-154, is exempt from the payment of impact fees.
(d) Open-enrollment charter schools and private schools as defined in the Texas Education Code, serving students in kindergarten through the 12th grade, are not required to pay impact fees imposed under this chapter unless the governing board of the school consents to the payment of the fees entering into a contract with the City of Fort Worth. The contract may contain terms the governing board considers advisable to provide for the payment of the fees.
(Ord. 18083, § 1(1-21), passed 5-13-2008, eff. 7-1-2008; Ord. 20086-03-2012, § 2, passed 3-6-2012; Ord. 20852-08-2013, § 2, passed 8-6-2013; ; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022; Ord. 25889-11-2022, § 4, passed 11-29-2022, eff. 12-1-2022)
(a) Any person who has paid a transportation impact fee or an owner of land upon which a transportation impact fee has been paid may petition the city council to determine whether any duty required by this article has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the duty be performed within 60 days of the request. If the city council determines that the duty is required pursuant to the ordinance and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion. This subsection (a) is not applicable to matters which may be appealed pursuant to § 30-192.
(b) The city council may grant a variance from any requirement of this article, upon written request by a developer or owner of property subject to the ordinance, following a public hearing, and only upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property. The request for a variance shall be processed and decided as an appeal under § 30-192.
(c) If the city council grants a variance to the amount of the transportation impact fee due for a new development under this section, it may cause to be appropriated from other city funds the amount of the reduction in the impact fee to the account for the service area in which the property is located.
(Ord. 18083, § 1(1-22), 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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