HomeMy WebLinkAboutOrdinance 18083-05-2008CITY OF FORT WORTH, TEXAS
ORDINANCE NO. 18083-05-2008
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT
WORTH, TEXAS (1986) AS AMENDED, BY ADDING ARTICLE VIII,
TRANSPORTATION IMPACT FEES, TO CHAPTER 30, STREETS AND SIDEWALKS, TO
ESTABLISH IlVIl'ACT FEES FOR TRANSPORTATION FACILITIES; INCORPORATING
LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLANS FOR SUCH
FACILITIES; ESTABLISHING SERVICE AREAS FOR SUCH FACILITIES; PROVIDING
DEFINITIONS; PROVIDING FOR COLLECTION AND ASSESSMENT OF IMPACT
FEES; PROVIDING FOR DISCOUNTS AND CREDITS AGAINST IMPACT FEES;
PROVIDING FOR RECOUPMENT; PROVIDING FOR ESTABLISIIMENT OF
ACCOUNTS FOR IMPACT FEES AND USE OF .PROCEEDS OF SUCH ACCOUNTS;
PROVIDING FOR APPEALS, RELIEF PROCEDURES AND EXEMPTIONS; PROVIDING
FOR REFUNDS; PROVIDING FOR UPDATES TO PLANS AND REVISION OF FEES;
PROVIDING FOR AGREEMENTS FOR CAPITAL IlVIPROVEMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REMEDIES; PROVIDING FOR CONFLICTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1987 the Texas Legislature adopted Senate Bill 336, subsequently amended
and adopted as Chapter 395 of the Local Government Code authorizing impact fees for "roadway"
facilities; and
WHEREAS, on February 19, 2008, via Mayor and Council Communication G-16057, the
City Council for the City of Fort Worth adopted Resolution No. 3586-02-2008 adopting land use
assumptions and capital improvements plans for purposes of adopting "roadway" impact fees,
hereinafter referred to as "transportation impact fees"; and
WHEREAS, the City of Fort Worth has appointed a Capital Improvements Advisory
Committee for Transportation Impact Fees to advise the City Council concerning the land use
assumptions, impact fee capital improvements plans and impact fees for transportation facilities; and
WHEREAS, this Ordinance is intended to and satisfies the statutory requirements for
adoption of impact fees; and
WIIDREAS, the City Council fords that in all things the City has complied with Chapter 395
of the Texas Local Government Code in the notice, adoption, promulgation and methodology
necessary to adopt impact fees; and
WHEREAS, the City Council further fmds that the City's existing policies for construction
of transportation improvements to support new development are fully compatible with imposition of
transportation impact fees; and
WHEREAS, the City Council further fmds that construction and funding of new roads to
serve new development in the City is essential to the continued public health, safety and general
welfare of the citizens of Fort Worth; and
WHEREAS, the intent of the City Council in establishing a transportation impact fee is to
impose an initial impact fee collection rate which is at least revenue-neutral for the City in
constructing or funding such transportation improvements relative to the current Policy for the
Installation of Community Facilities; and
WHEREAS, the City Council further finds that certain development projects which were
approved prior to the imposition of transportation impact fees have supplied road capacity in excess
of that required to serve existing development within the proj ect and that such construction should be
credited against collection of future transportation impact fees as additional development occurs in
the project; and
WHEREAS, the City Council further fmds that it is appropriate to reduce the collection rate
of transportation impact fees in circumstances where the development project reduces trip generation
that otherwise would be expected, or otherwise contributes to City policies favoring compact and
orderly growth of the City; and
WIIEREAS, the City Council further fmds that a discount to the collection rate for
transportation impact fees for proximity of a development to existing transportation facilities with
adequate capacity furthers the City's objectives to accommodate growth and development while
providing adequate public facilities and conserving the City's fiscal resources; and
WHEREAS, the City Council further fmds that a discount to the collection rate for
transportation impact fees for developments that result in extraordinary capital investment and
quality job creation furthers the City's objectives to provide employment in proximity to the homes
of workers and thus facilitates the overall transportation objectives of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
1.
That the Code of Ordinances, City of Fort Worth, Texas (1986), as amended, is hereby
further amended by adding a new Article VIII entitled "Transportation Impact Fees," to
Chapter 30, Streets and Sidewalks, to read as follows:
Article VIII
TRANSPORTATIONIMPACT FEES
I. General Provisions
SECTION 1-l. Short Title
This Article shall be known and cited as the Fort Worth Transportation Impact Fee
Regulations.
SECTION 1-2. Purpose
This Article is intended to assure the provision of adequate transportation facilities to serve
new development in the City by requiring each development to pay a share of the costs of
such improvements necessitated by and attributable to such new development.
SECTION 1-3. Authori
This Article is adopted pursuant to Texas Local Government Code Chapter 395 and the Fort
Worth City Charter. The provisions of this Article shall not be construed to limit the power
of the City to utilize other methods authorized under State law or pursuant to other City
powers to accomplish the purposes set forth herein, either in substitution or in conjunction
with_this Article.....Guidelines_may be_developedby ordinance,_resolution,_or_otherwise to___
implement and administer this Article.
SECTION 1-4. Definitions
A. Assessment means the determination of the amount of the maximum impact fee per
service unit which can be imposed on new development pursuant to this Article.
B. Capital improvement means a transportation facility with a life expectancy of three or
more years, to be owned and operated by or on behalf of the City.
G Capital Improvements Advisory Committee means the City's Plan Commission,
together with such ad hoc representatives as maybe appointed from time to time, to
fulfill the composition mandated by Tex. Loc. Gov t Code sec. 395.058.
D. C~ means the City of Fort Worth, Texas.
E. Credit means a reduction in the amount of a transportation impact fee for a new
development, either by a decrease in the number of service units attributable to such
development or a decrease in the amount of transportation impact fees otherwise due,
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that results from contributions of land, improvements or funds to construct system
improvements in accordance with the City's subdivision and development
regulations, policies or requirements.
F. Facilities expansion means a transportation facility expansion.
G. Final lp at approval means the point at which the applicant has complied with all
conditions of approval and the Executive Secretary of the City Plan Commission
executes the applicant's plat. The term applies both to original plats and replats.
H. Impact fee means a fee for transportation facilities imposed on new development by
the City pursuant to this Article in order to generate revenue to fund or recoup all or
part of the costs of capital improvements or facility expansion necessitated by and
attributable to such new development. Impact fees do not include the dedication of
rights-of--way or easements for such facilities, or the construction of such
improvements, imposed pursuant to the City's zoning or subdivision regulations.
I. Land use assumptions means the projections of population and employment growth
and associated changes inland uses, densities and intensities adopted by the City, as
may be amended from time to time, upon which the transportation impact fee capital
improvements plans are based.
J. Land use equivalencX table means a table converting the demands for capital
improvements generated by various land uses to numbers of service units, as may be
- - amended-from-time to time. The-land use equivalency table may-be-incorporated in a --
schedule of impact fee rates.
K. New development means a project involving the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement of any
structure, or any use or extension of land, which has the effect of increasing the
requirements for capital improvements or facility expansions, measured by the
number of service units to be generated by such activity, and which requires either
the approval and filing with the County in which the property is located of a plat
pursuant to the City's subdivision regulations or the issuance of a building permit,
and which has not been exempted from these regulations by provisions herein.
L. Property owner means any person, corporation, legal entity or agent thereof having a
legal or equitable interest in the land for which an impact fee becomes due. Property
owner includes the developer for the new development.
M. Recoupment means the imposition of an impact fee to reimburse the City for capital
improvements which the City has previously oversized to serve new development.
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N. Roadwav means any principal, major or minor arterial or collector designated in the
City's adopted Master Thoroughfare Plan, as may be amended from time to time.
Roadwav also includes any thoroughfare designated as a numbered highway on the
official federal or Texas highway system; to the extent that the City incurs capital
improvement costs for such facility.
O. Service area means a transportation service area within. the City, within which impact
fees for transportation improvements or transportation facility expansions may be
collected for new development occurring within such area and within which fees so
collected will be expended for those types of improvements or expansions identified
in the transportation improvements plan applicable to the service area.
P. Service unit means a vehicle mile. A vehicle-mile shall be defined as one (1) vehicle
traveling~a distance of one (1) mile during the afternoon peak hour.
Q. Site-related facility means an improvement or facility which is for the primary use or
benefit of a new development and/or which is for the primary purpose of safe and
adequate provision of transportation facilities to serve the new development, and
which is not included in the transportation improvements plan and for which the
developer or properly owner is solely responsible under subdivision or other
applicable development regulations.
R. System facility means a transportation improvement or facility expansion which is
designated in the transportation improvements plan and which is not asite-related
facility. System facility may include-a-transportation improvement-which issocated --
offsite, or within or on the perimeter of the development site.
S. Transportation facility means an improvement or appurtenance to a roadway which
includes, but is not limited to, rights-of--way, whether conveyed by deed or easement;
intersection improvements; traffic signals; turn lanes; drainage facilities associated
with the transportation facility; street lighting or curbs, and water and wastewater
improvements affected by the transportation facility. Transportation facility also
includes any improvement or appurtenance to an intersection with a roadway
officially enumerated in the federal or Texas highway system, and to any
improvements or appurtenances to such federal or Texas highway, to the extent that
the City has incurred capital costs for such facilities, including without limitation
local matching funds and costs related to utility line relocation and the establishment
of curbs, gutters, sidewallcs, drainage appurtenances and rights-of--way.
Transportation facility excludes those improvements or appurtenances to any
roadway which is asite-related facility.
T. Transportation facilityexpansion means the expansion of the capacity of an existing
roadway in the City, but does not include the repair, maintenance, modernization, or
expansion of an existing roadway to better serve existing development.
Page 5 of 22
U. Transportation improvements plan means the adopted plan, as may be amended from
time to time, which identifies the transportation facilities or transportation facility
expansions and their costs for each transportation service area, which are necessitated
by and which are attributable to new development, for a period not to exceed 10
years, which are to be financed in whole or in part through the imposition of
transportation impact fees pursuant to this Article.
SECTION 1-5. Applicability
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.
SECTION 1-6. Computation of Maximum Impact Fees Per Service Unit
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-bynew-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.
(3) Divide the resultant amount by the total number of service units anticipated
within the service area, based upon the land use assumptions for that 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.
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.
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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 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.
SECTION 1-7. Use of Proceeds of Impact Fee Accounts
A. The transportation impact fees collected for each service area pursuant to these
regulations may be used to fmance or to recoup the costs of any transportation
improvements or facility expansions identified in the transportation improvements
plan for the service area, 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) upgrade, expansion or replacement of existing transportation improvements
to serve existing development in order to meet stricter safety, efficiency,
environmental or regulatory standards;
(4) upgrade, expansion, or replacement of existing transportation improvements
to provide better service to existing development; provided, however, that
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impact fees may be used to pay the costs of upgrading, expanding or
replacing existing transportation improvements in order to meet the need for
new transportation improvements generated by new development; or
(5) administrative and operating costs of the City.
SECTION 1-8. Establishment of Accounts
A. The City's Finance 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 Section 1-7.
C. The City's Finance 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 Section 1-7. 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 (10)
years from the date the fee is deposited into the account.
D. The City's Finance 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.
SECTION 1-9. Functions of Capital Improvements Advisory Committee for TransportationImpact
Fees
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;
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(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.
SECTION 1-10. Use of Other Financing Mechanisms
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.
.- -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.
SECTION 1-11. Impact Fee as Additional and Supplemental Re ation
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.
Page 9 of 22
B. This Ordinance 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.
II. Assessment and Collection of Impact Fees
SECTION 1-12. Assessment and Collection Schedules for Impact Fees
The amount of the impact fees to be assessed by land use type shall be as set forth in
Schedule 1, attached hereto and made a part of this Article by reference. The amount
of the impact fees which are to be paid by land use type shall be as set forth in
Schedule 2 attached hereto and made a part of this Article by reference. The amount
of the impact fees to be collected by vehicle mile may be phased over a period of
years, such amount to be set forth by year in Schedule 2. Schedules 1 and 2 may be
amended from time to time utilizing the amendment procedure set forth in Section 1-
17.
SECTION 1-13. Assessment of Impact Fees
A. Assessment of the impact fee for any new development shall be made as follows:
-For---a--new-development--which-has-received--f nal--plat--approval--before the -- ---
effectivedate ofthis Ordinance, assessment of impact fees shall occur on the
effective date of this Ordinance, and shall be the amount of the maximum
impact fee per service unit as set forth in Schedule 1.
(2) For land which is unplatted at the time of application for a building permit,
and for which no plat is necessary pursuant to the City's subdivision
regulations prior to development, assessment of transportation impact fees
shall occur at the time application is made for the building pernut, and shall
be the amount of the maximum impact fee per service unit as set forth in
Schedule 1 then in effect.
(3) For a new development which is submitted for approval pursuant to the City's
subdivision regulations or which is proposed for replatting on or after the
effective date of this Ordinance, assessment of impact fees shall be at the
time of final plat or replat approval, and shall be the amount of the maximum
impact fee per service unit as set forth in Schedule 1 then in effect.
B. Following assessment of the impact fee pursuant to Subsection (A), the amount of the
impact fee assessment per service unit for that development cannot be increased,
Page 10 of 22
unless the owner proposes to change the approved development by the submission of
anew application for final plat approval or other development application that results
in approval of additional service units, in which case a new assessment shall occur at
the Schedule 1 rate then in effect for such additional service units.
C. Approval of an amending plat pursuant to Tex. Loc. Gov't Code, Section 212.016
and the City's subdivision regulations is not subject to reassessment for an impact
fee.
SECTION 1-14. Collection of Impact Fees.
A. Transportation impact fees shall be collected at the time the City issues a building
permit for a new development, unless a different time is provided for in an agreement
for capital improvements pursuant to Subsection B.
B. The impact fees to be paid and collected per service unit for a new development shall
be the amount listed in Schedule 2 in effect at the time of final plat approval for a
period of two years after such approval, and thereafter shall be the amount listed in
Schedule 2 then in effect. The City may enter into an agreement with a developer for
a different time and manner of payment of impact fees, in which case the agreement
shall determine the time and manner of payment.
C. The Director of Transportation and Public Works or his or her delegate shall compute
the transportation impact fees for a new development in the following manner:
(1) The Director shall first determine whether the new development is eligible
for credits calculated in accordance with Article III that reduce impact fees
otherwise due in whole or in part;
(2) To the extent that impact fees are owed for the new development after
application of available credits, the Director shall next determine whether the
new development qualifies for any discount computed in accordance with
Section 1-14(D), and shall apply such discounted rate(s) to reduce impact
fees due.
(3) The total amount of the impact fees for the new development shall be
calculated and attached to the development application as a condition of
approval.
(4) An applicant may submit an alternative service unit computation based upon
a trip generation study for the proposed development by petitioning for
amendment of the land use equivalency table or including the study in an
appeal taken pursuant to Section 1-18.
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D. The following discounts shall apply to reduce Schedule 2 transportation impact fees
otherwise due:
(1) Adequate,_public facilities discount. The Schedule 2 transportation impact
fees shall be reduced by 15% for any development where (a) one or more
points of access serve at least 75% of the PM peak-hour site-generated traffic
volumes; and (b) such point(s) connect the development to the City's
thoroughfare system, as depicted in the City's Master Thoroughfare Plan
(MTP); and (c) the transportation facility so connected has been improved to
its ultimate capacity as classified under the current Master Thoroughfare
Plan, or will be improved to its ultimate capacity within twenty-four (24)
months of the date of final plat approval for the development pursuant to a
funded capital improvement plan of the City. Eligibility for this discount
must be determined no later than final plat approval.
(2) Land use/transportation connection discount. The amount of transportation
impact fees due under Schedule 2 shall be reduced up to 15% for any
development where an accepted traffic impact study demonstrates that the
development will reduce the vehicle trips from those contained in the adopted
land use equivalency table, to one of the following:
5 to 9% Trip Capture: 5% Impact Fee Reduction
10 to 14% Trip Capture: 10% Impact Fee Reduction
15% or > Trip Capture: 15% Impact Fee Reduction
(3) Extraordinary investment discount. The amount of transportation impact fees
due under Schedule 2 shall be reduced 15% for any development that results
in the following qualifications, as jointly determined by the Departments of
Transportation and Public Works, and the Departrnent of Economic &
Community Development: (1) $15 Million in capital investment; (2) creation
of 100 new jobs; and (3) the projected salary of the new jobs is at least twice
the current minimum wage, plus benefits. For each additional $15 Million in
capital investment or additional 100 qualified new jobs, the impact fee
amount due under Schedule 2 will be further reduced by an additional 5%, up
to a maximum reduction of 50%. A development may receive this discount
and have a period of up to three (3) years from the issuance of a building
permit to qualify under the terms of this discount. Impact fees otherwise paid
shall be refunded to the original payee at the time of issuance of the building
permit. A development shall refund a pro rata share of this discount should
the development not continue to maintain the number of new jobs for a
period of at least ten (10) years from the date of building permit (or the date
of qualification for this discount), equal to 10% per annum for each year that
the number of jobs is not maintained. The terms related to this discount shall
be incorporated within an agreement for credits pursuant to Section 1-16.
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(4) Discounts cumulative. Discounts identified in subparagraphs (1) to (3) are
cumulative, so that a development that qualifies for the maximum discount
under each provision may reduce impact fees otherwise due up to 80%.
(5) Burden of proof. The applicant for a discount provided for in this Section
has the burden of proof to show that the development qualifies for the
discount.
E. The amount of each impact fee for a new development shall not exceed an amount
computed by multiplying the fee assessed per service unit pursuant to Section 1-13 by
the number of service units generated by the development.
F. If the building permit for which an impact fee has been paid has expired, and a new
application is thereafter filed, the impact fees shall be computed using Schedule 2
then in effect, with credits for previous payment of fees being applied against the new
fees due.
G. Whenever the property owner proposes to increase the number of service units for a
development, the additional impact fees collected for such new service units shall be
determined by using Schedule 2 then in effect, and such additional fee shall be
collected at the times prescribed by this section.
H. _ _Notwithstanding_any...other.proVision_of_this-Article,_no-transportation-impact-fee may __ __
be collected for a new development which is subj ect to a final plat approved prior to
the effective date of these regulations, for which a building permit was issued either
(i) within two years of the date of final plat approval or (ii) within one year of the
effective date of this Ordinance, whichever is longer; provided that if a building
permit expires or is withdrawn for such new development and a new building permit
is not issued within the time herein provided, the development for which the permit
was issued shall thereafter be subject to collection of transportation impact fees in
accordance with this section.
III. Credits Against Impact Fees
SECTION 1-15. Credits Against Transportation Impact Fees:
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.
Page 13 of 22
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 vehicle miles of capacity supplied by the project
with vehicle miles of capacity to be consumed by development within the project,
utilizing a methodology approved by the City. The credit deterixiination shall be
incorporated within an agreement for credits, in accordance with Section 1-16.
C. For all other developments, the City's current policies and regulations governing
Community Facilities Agreements shall apply to determine a new development's
obligations to construct adjacent system facilities. The obligation to construct,
however, shall not exceed the demand for transportation facilities generated by the
new development expressed in vehicle-miles, nor shall the costs of improvements
exceed the maximum impact fees assessed against the new development under
Schedule 1. Construction required under such 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 Section 1-16.
(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.
Page 14 of 22
(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 prior to the effective
date of this Article, 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;
(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 construction of improvements shall be deemed created when the
improvements are completed and the City has accepted the facility, or in the case of
improvements constructed and accepted prior to the effective date of this Ordinance,
__ ____ _._on_such_effective_date._Credits_created_afterthe_effective_date_of_this_Ordinanceshall _. ___ _____.
expire 10 years from the date the credit was created. Credits arising prior to such
effective date shall expire ten years from such effective date. 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 Section 1-16 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.
SECTION 1-16. Agreement for Credits
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 Section 1-15. The
agreement shall identify the basis for and the method for computing and the amount of the
Page 15 of 22
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.
IV. Update and Relief Procedures
SECTION 1-17. Updates to Plans and Revision of Fees
A. The City shall update its land use assumptions and transportation improvements
plans at least every five (5) 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 Texas Local Gov't Code, Ch. 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) 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.
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), 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 Texas Local Gov't Code, Ch. 395, or
in any successor statute.
D. If, at the time an update is required pursuant to Subsection (A), 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 Texas Local Gov't Code, Section 395.0575 or successor
statute.
E. The City may amend any other provisions of this Ordinance in accordance with
procedures for ordinance amendments contained in the City's Charter.
Page 16 of 22
SECTION 1-18. Appeals
A. The property owner or applicant for new development may appeal the following
administrative decisions to the City Council.
(1) the applicability of a transportation impact fee to the development;
(2) the amount 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.
._..____The_appellant-must_file_a_written_notice_of appeal_with_the__City_Manage~within_tlvrty_.__.- __~____
(30) days following the decision appealed from. The City Manager or his designee
("Manager") may resolve the appeal, if the appellant agrees with the Manager's
decision, or refer the matter to the City Council for decision with the Manager's
recommendation, if the appellant requests City Council review after receiving the
Manager's decision. If City Council review is requested after the appellant has
received the Manager's decision, the City Secretary shall schedule a public hearing at
which the appellant may present testimony and evidence before the City Council
The City Council shall act on the appeal within 60 days of receipt of the notice of
appeal by the City.
D. If the notice of appeal is accompanied by a payment or other security satisfactory to
the City Attorney 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 other requirements are met while the appeal is pending.
SECTION 1-19. Refunds
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
Page 17 of 22
(10) 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
Chapter 1.03, Title 79, Revised Statutes (Chapter 5069-1.03, Vernon's Texas Civil
Statutes), or its successor statute. The application for refund pursuant to this section
shall be submitted within sixty (60) days after the expiration of the ten-year period
for expenditure of the fee. An impact fee shall be considered expended on afirst-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 (10) 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, 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.
__ ____SECTION__1-20._Rebates __ ___ __ _ ______ _______ _ __ _._.__________________~_________ ~_~__
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 (6) 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 subsection has been filed within this period, no rebate shall
become due.
SECTION 1-21. Waivers and Exem tp ions
A. Pursuant to Tex. Loc. Gov't Code Section 395.022, as amended, a school district is
not required to pay transportation impact fees imposed under this Ordinance 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.
Page 18 of 22
SECTION 1-22. Relief procedures
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 Ordinance 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 sixty 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
sixty (60) days of the date of the request and to continue until completion. This
subsection is not applicable to matters which maybe appealed pursuant to Section 1-
18.
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 fmding 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 Section
1-18.
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.
~. Transportation Impaet Fees
SECTION 1-23. Transportation Service Areas
A. There are hereby established twenty-seven (27) transportation service areas,
constituting land within City boundaries, as depicted on Exhibit 1 attached hereto and
incorporated by reference herein.
B. The boundaries of the transportation service areas may be amended from time to
time, or new transportation service areas may be delineated, pursuant to the
procedures in Section 1-17.
SECTION 1-24. Transportation Improvements Plan
A. The Transportation Improvements Plan for the City of Fort Worth as presented inthe
"Transportation Impact Fee Final Report," December 2007, prepared by Kimley-
Horn and Associates, Inc., and on file with the City Secretary is hereby adopted.
Page 19 of 22
B. The Transportation Improvements Plan maybe amended from time to time, pursuant
to the procedures in Section 1-17.
SECTION 1-25. Transportation Impact Fees
A. The maximum impact fees per service unit for transportation facilities are hereby
adopted and incorporated in Schedule 1 attached hereto and made a part hereof by
reference.
B. The impact fees per service unit for transportation facilities, which are to be paid by
each new development, are hereby adopted and incorporated in Schedule 2 attached
hereto and made a part hereof by reference.
C. The impact fees per service unit for transportation facilities may be amended from
time to time, pursuant to the procedures in Section 1-17(A) through (C).
2.
This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the
City of Fort Worth, and this Ordinance shall not operate to repeal or affect any of such other
ordinances except insofar as the provisions thereof might be inconsistent or in conflict with
the provisions of this Ordinance, in which event such conflicting provisions, if any in such
other ordinance or ordinances are hereby superseded.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be unconstitutional, such holding shall not affect the validity of any other section,
sentence, clause or phrase of this Ordinance the remaining portions of this Ordinance.
4.
This Ordinance shall become effective July 1, 2008.
APPROVED ADO FORM
Assistant
Date:
ADOPTED: May 13, 2008 _
EFFECTIVE:
Page 20 of 22
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Page 21 of 22
Land Use Category ITE
Land
Use
Code
Development
Unit
Schedule 2:
Collection Rate Per Development Uuit
A, S, C, D, E, F,
G, L, M, N, O, S,
T, U, X, Y, Z
AA
W H, I, J,
K, P, Q,
R, V
PORT AND TERMINAL
TruckTe~minal 030 Acre $ 8,124 $ 2,068 $ 3,971 $
INDUSTRIAL
General Li t Industrial 110 1,000 SF GFA $ 1,215 $ 309 $ 594 $
General Hea Industrial 120 1,000 SF GFA $ 844 $ 215 $ 413 $
Industrial Park 130 1,000 SF GFA $ 1,067 $ 272 $ 522 $
Wazehousin 150 1,000 SF GFA $ 790 $ 201 $ 386 $
Mini-Warehouse I51 1,000 SF GFA $ 349 $ 89 $ 171 $
RESIDENTL4L
Sin le-Famil Detached Housin 210 Dwellin Unit $ 2,000 $ 382 $ 733 $
A artment/Multi-famil 220 Dwellin Unit $ 1,228 $ 234 $ 450 $
Residential Condominium/Townhome 230 Dwellin Unit $ 1,030 $ 197 $ 378 $
Mobile Home Park 240 Dwellin Unit $ 1,168 $ 223 $ 428 $
Assisted Living 254 Dwelling Unit $ 435 $ 83 $ 160 $
LODGING
Hotel 3I0 Room $ 470 $ 120 $ 230 $
Motel /Other Lodging Facilities 320 Room $ 374 $ 95 $ 183 $
RECREATIONAL
Drivin Ran a 432 Tee $ 995 $ 253 $ 486 $
GolfCowse 430 Acre $ 238 $ 60 $ I16 $
Health/Rec. Clubs and Facilities 495 1,000 SF GFA $ 1,305 $ 332 $ 638 $
Ice Rink 465 1,000 SF GFA $ 1,879 $ 478 $ 918 $
Miniatwe Golf 431 Hole $ 262 $ 67 $ 128 $
Multi IexMovieTheater 445 Screens $ 10,855 $ 2,763 $ 5,306 $
Racquet /Tennis Ctub 491 Court $ 2,666 $ 679 $ 1,303 $
INSTITUTIONAL
Church 560 1,000 SF GFA $ 344 $ 88 $ 168 $
Da Caze Center 565 1,000 SF GFA $ 6,852 $ 1,744 $ 3,349 $
Prim /Middle Schoo] (1-8 522 Students $ 79 $ 2D $ 39 $
Ib School (9-12 530 Students $ 72 $ 18 $ 35 $
Jz / Communi Colle a 540 Students $ 62 $ 16 $ 30 $
University /College 550 Students $ I09 $ 28 $ 53 $
MEDICAL
Clinic 630 1,000 SF GFA $ 4,840 $ 1,232 $ 2,366 $
Hos ital 610 Beds $ 1,215 $ 309 $ 594 $
Nwsing Home 620 Beds ~ $ 205 $ 52 $ 100 $
OFFICE
Co orate Head uarters Buildin 714 1,000 SF GFA $ 1,891 $ 481 $ 924 $
General Office Buildin 710 1,000 SF GFA $ 2,015 $ 513 $ 985 $
Medical/Dental Office 720 1,000 SF GFA $ 5,028 $ 1,280 $ 2,458 $
Sin le Tenant Office Buildin 715 1,000 SF GFA $ 2,339 $ 595 $ 1,143 $
Office/Business Pazk 750 1,000 SF GFA $ 2,027 $ 516 $ 991 $
COMMERCIAL
Automobile Related
Automobile Care Center 942 1,000 SF GFA $ 1,616 $ 411 $ 790 $
Automobile Parts Sales 843 1,000 SF GFA $ 2,713 $ 690 $ 1,326 $
Gasoline/Service Station 944 Fvelin Position $ 1,193 $ 304 $ 583 $
Gasoline/Service Station w/ Conv Market 945 Fuelin Position $ 874 $ 222 $ 427 $
Service Station w/ Conv Market and Caz Wash 946 Fuelin Position $ 871 $ 222 $ 426 $
New and Used Caz Sales 841 1,000 SF GFA $ 1,678 $ 427 $ 820 $
uick Lubrication Vehicle Center 941 Service Position $ 2,475 $ 630 $ 1,210 $
Self-Ser~dce Caz Wash 947 Stall $ 493 $ 125 $ 241 $
Tue Store 848 1,000 SF GFA $ 2,881 $ 733 $ 1,408 $
Dinin
Fast Food Restawant with Drive-Thru 934 1,000 SF GFA $ 10,268 $ 2,613 $ 5,019 $
Fast Food Restawant without Drive-Thru 933 1,000 SF GFA $ 7,756 $ 1,974 $ 3,791 $
Hi Twnover (Sit-Down) Restawant 932 1,000 SF GFA $ 3,688 $ 939 $ 1,803 $
Sit Down Restawant 931 1,000 SF GFA $ 2,485 $ 633 $ 1,215 $
Other Retail
Free-Standin Retail Store 815 1,000 SF GFA $ 2,817 $ 717 $ 1,377 $
Garden Center (Nwse 817 1,000 SF GFA $ 2 117 $ 539 $ 1,035 $
Home Im rovement Su erstore 862 1,000 SF GFA $ 1,369 $ 348 $ 669 $
Pharma /Dru store 881 1,000 SF GFA $ 3,503 $ 891 $ 1,712 $
Sho in Center 820 1,000 SF GFA $ 1,973 $ 502 $ 964 $
Su ermazket 850 1,000 SF GFA $ 5 325 $ 1,355 $ 2,603 $
To /Children's Su erstore 864 1,000 SF GFA $ 2,778 $ 707 $ 1,358 $
Video Rental Store 896 1,000 SF GFA $ 5,411 $ 1,377 $ 2,645 $
SERVICES
Bank (Walk-In) 911 1,000 SF GFA $ 8,345 $ 2,124 $ 4,079 $
Bank (Drive In) 912 1,000 SF GFA $ 10,172 $ 2,589 $ 4,972 $
Page 22 of 22
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Mayor and Council Communication
COUNCIL ACTION: Approved on 5/13/2008 -Ordinance No. 18083-05-2008
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, April 29, 2008
LOG NAME: 201MPACTFEEORD REFERENCE NO.: G-16122
SUBJECT:
Adopt an Ordinance adding Article VIII, Transportation Impact Fees, to Chapter 30, Streets and
Sidewalks, of the City Code to Establish Transportation Impact Fees
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance adding Article VIII, Transportation
Impact Fees, to Chapter 30, Streets and Sidewalks, of the City Code to establish transportation impact fees.
DISCUSSION:
On February 19, 2008, the City Council approved a resolution (3586-02-2008) adopting the land use
assumptions and capital improvements plan of the "Transportation Impact Fee Final Report," December
2007, prepared by Kimley-Horn and Associates, Inc. The City Council further directed staff to prepare a
proposed transportation impact fee ordinance for City Council consideration.
Pursuant to state law, the Capital Improvements Advisory Commiftee (CIAC) for Transportation Impact
Fees met to review the draft ordinance on March 26, and voted to recommend adoption with the stipulation
that transportation impact fees be waived in neighborhood empowerment zones, as water impact fees
are. On April 21, the Development Advisory Committee also voted to endorse the ordinance with certain
amendments.
The proposed collection amounts range from 12 to 100 percent of the maximum assessable fee and
approximate an average collection of 27 percent of the maximum fee. Fees will be calculated and
assessed at the platting stage and will be collected at the building permit phase.
On April 22, the City Council conducted a public hearing to receive comments on the proposed
transportation impact fee ordinance. State law requires the City Council to approve or disapprove the
transportation impact fee ordinance within 30 days of the April 22 public hearing.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Customer Service Section of the Planning and Development
Department is responsible for collection of transportation impact fees.
TO Fund/AccountlCenters FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Fernando Costa (8476)
Originating Department Head: Greg Simmons (7862)
Additional Information Contact: Jim Walker (8009)
Logname: 20IMPACTFEEORD Page 1 of 2
Logname: 20IMPACTFEEORD Page 2 of 2