§ 154.005 TRAFFIC IMPACT FEES.
   (A)   Findings and purpose.
      (1)   Traffic congestion is one factor which leads to a deterioration in the quality of life, as well as wastes productive time of those caught in traffic.
      (2)   Traffic congestion and interrupted traffic flow are a problem within the city and this problem will continue to worsen as the city builds out.
      (3)   The Mobility Chapter of the 2004 General Plan identifies level of service “D” as the target to be attained for principal intersections throughout the city. This chapter also identifies the long-range improvements to streets and intersections that are required to meet the target.
      (4)   The City Council's purpose in enacting this section is to implement a traffic impact fee that shall be placed upon all new development within the city in order to ensure that such development is helping to pay its share of the costs in upgrading the city's traffic system to maintain a level of service “D” at all intersections of arterial streets as required by the current General Plan. Maintaining a level of service “D” at the intersections requires a level of service “C” for the associated roadway links.
   (B)   Traffic impact fee.
      (1)   A traffic impact fee is hereby established to be imposed upon all new development within the city in an amount to be determined by resolution of the City Council. The amount of the fee shall not exceed the new development's fair share of the costs of improvements which shall be based upon that portion of the costs of the improvements attributable to that development, based upon maintaining a level of service “D” at all intersections of arterial streets.
      (2)   The costs shall include design, construction, financing and acquisition costs.
      (3)   The fees imposed by this section shall be deposited in the Traffic Impact Fund and shall be used only to finance those roadway improvements identified by resolution of the City Council that are needed as a result of new development within the city.
   (C)   Credit. Any person otherwise required to pay a fee under this section shall receive a credit when such person constructs a portion of the roadway system that is to be funded by the fee.
(Ord. 533-C.S., passed 11-16-04)