HomeMy WebLinkAboutOrdinance 21188-04-2014 CITY OF FORT WORTH, TEXAS
ORDINANCE NO. 21188-04-2014
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF FORT WORTH, TEXAS (1986) AS AMENDED, BY
AMENDING CHAPTER 30, STREETS AND SIDEWALKS,
ARTICLE VIII, TRANSPORTATION IMPACT FEES, DIVISION 2,
ASSESSMENT AND COLLECTION OF IMPACT FEES, TO
AMEND THE ORDER OF THE APPLICATION OF
TRANSPORTATION IMPACT FEE CREDITS AND DISCOUNTS
TO BUILDING PERMITS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR A
SEVERABILITY CLAUSE; 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 May 13, 2008, the City of Fort Worth adopted Ordinance No. 18083-05-
2008 creating a Transportation Impact Fee program, subsequently codified under Chapter
30, Streets and Sidewalks, Article VIII, Transportation Impact Fees; and
WHEREAS, on February 5, 2013, the City of Fort Worth adopted Ordinance No. 20605-
02-2013 updating and revising the land use assumptions, capital improvements plan,
impact fee schedules for transportation facilities, and making other amendments to the
Impact Fee regulations ; and
WHEREAS, the City Council now desires to further amend the Impact Fee regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That the Code of Ordinances, City of Fort Worth, Texas (1986), as amended, is hereby
further amended by amending Chapter 30, Streets and Sidewalks, Article VIII,
Transportation Impact Fees, Division 2, Assessment and Collection of Impact Fees,
Section 30-173, Collection of impact fees, subsections (c)(1) and (c)(2), only, as follows:
(c) The director of transportation and public works or his or her delegate shall
compute the transportation impact fee for a new development in the following
manner:
Ordinance No. 2 1 1 88-04-20 14
Page 1 of 2
(1) The director shall first determine whether the new development qualifies
for any discount computed in accordance with section 30-173(d) 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 discounts, the director shall next determine whether
the new development is eligible for credits calculated in accordance with
Division III to reduce impact fees due.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any cowl of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such
void,ineffective or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
This ordinance shall take effect and be in full force and effect from and after its passage, and
it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
6-41
s Ci ecretary
Assistant City Attorney Mary J.
ADOPTED AND EFFECTIVE: April 1, 2014
Ordinance No.21188-04-2014
Page 2 of 2
BLACKLINE OF ORDINANCE AMENDMENTS
CHAPTER 30 — STREETS AND SIDEWALKS
ARTICLE VIII —TRANSPORTATION IMPACT FEES
DIVISION 2. —ASSESSMENT AND COLLECTION OF IMPACT FEES
Sec. 30-173. — 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, less any
applicable discounts in accordance with Section 30-173(d), shall be based on the amount listed in
Schedule 2 and Section 30-173(d) in effect at the time of final plat approval for a period of two
(2) years after such approval and thereafter the impact fees to be paid and collected per service
unit shall. be the amount listed in Schedule 2, less any applicable discounts, 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 fee for a new development in the following manner:
(1) The director shall first determine whether the new development iti el-1.11-1,11 C11-
IN-V4,14+1+411 q Liali fie�.f"KLr_ gly (I ,'.'c(,)tjTit cornmited in
accordance kv'ith section 30-173W) 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 et--ed4.,r—disco unts, the director shall next determine whether the new
development
and shall apply i'S.,eligible t'(,)r credits CalCUlated in acco]-datice
with Division Ill 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 30-192
(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 fifteen (15) percent for any development where (a) one (1) or more points of
access serve at least seventy-five (75) percent 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 issuance of the first building permit for land subject to the final plat.
(2) Land use/transportation connection discount. The amount of transportation impact
fees due under Schedule 2 shall be reduced tip to fifteen (15) percent 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 (1) 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) Fxtraordinar}y investment discount. The amount of transportation impact fees due
tinder Schedule 2 shall be reduced fifteen (15) percent for any development that results in
the following qualifications, as jointly determined by the departments of transportation and
public works, and the department of economic and community development: (1) $15
million dollars in capital investment; (2) creation of one hundred (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 dollars in capital investment or additional one
hundred (100) qualified new jobs, the impact fee amount due under Schedule 2 will be
further reduced by an additional five(5) percent, up to a maximum reduction of fifty (50)
percent. 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 tinder 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 ten (10) percent 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 30-182
(4) Discounts cumulative. Discounts identified in subparagraphs (1) to (3) are cumulative,
so that a development that qualifies for the maximum discount tinder each provision may
reduce impact fees otherwise due up to eighty (80) percent.
(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.
(6) An application for discounts shall be submitted with the first building permit
application submitted by the applicant. The application for discounts shall be forwarded to
the appropriate reviewing department(s).
(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 30-172 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 subject to a final plat approved prior to the effective
date of these regulations, for which a building permit was issued either (1) within two (2) years of
the date of final plat approval or (ii) within one (1) year of the effective date of this article,
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.
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'COUNCIL ACTION: Approved on 4/1/2014 - Ordinance No. 21188-04-2014
DATE: Tuesday, April O1. 2014 REFERENCE NO.: G-18166
LOG NAME: 061000TRANSPORTATION IMPACT FEE DISCOUNT AND CREDIT AMENDMENT
SUBJECT:
Adopt Ordinance Amending Section 30-173. Collection Of Impact Fees of the Transportation Impact Fee
Regulations Found in Chapter 30, Article Vill of the City of Fort Worth Code of Ordinances to Change the
C)nd8r of the Application of Transportation |nnp@[t Fee Credits and Discounts to Building Permits (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance 8nUODdiOg Section 30-173.
Collection of Impact Fees of the Transportation Impact Fee Regulations found in Chapter 30, Article Vill of
the City Of Fort Worth Code of Ordinances to allow for any eligible discounts to be applied before credit is
applied tO the transportation impact fees due for a building permit.
DISCUSSION:
On May 13. 2008. (M&C G-10122) the City COUDCi| adopted the Transportation Impact Fee Regulations,
Ordinance 18083-05-2008, codified as Chapter 30, Article Vill of the City of Fort Worth Code of
Ordinances, in order to assure the provision of adequate transportation facilities to serve new
development. The Transportation Impact Fee Regulations apply to all new development within the
corporate boundaries Of the City, including coOst[UCtion, reconstruction, redevelopment, conversion,
relocation and expansion projects and are collected with the issuance Ofbuilding permits.
Texas Local Government Code Section 395.023 and City Of Fort Worth Code of Ordinances Chapter 30,
Section 3O-101(a) require the City to credit the contribution of land, improvements Or funding for
construction of an arterial facility required by the City against future transportation impact fees. The City's
Code of Ordinances Section 30-173(o) requires the City to apply credit against the transportation impact
fees due f0[ 8 building permit before any of the available discounts are applied to those fees.
Under the current ordinance, updated February 5. 2O13 (M&CG-1Y799' Ordinance No. 2OOO5-02-2O13). a
project applying for building permit would receive credit against its transportation impact fees for right-of-
way dedicated and documented eligible arterial construction C0StS. Projects taking 8CCeSSfrom @fully
constructed arterial vvOu|d also qualify for 8 50 percent discount tV their assessed transportation impact
fees. but only after all credits for arterial CDDst[UCtiOn were exhausted.
This C8USes an inequity for those developments that are required to build odi8onnt arterial roadway as @
condition of development. CunenUy, theme projects do not benefit from the 50 percent discount for
locating DO fully constructed arterials even though their construction completes that road. This iS@n
unintended consequence of the existing ordinance and the attached amendment will rectify that inequity.
This O[diO@DCe amendment will apply to all building permit applications after the effective date of the
ordinance, regardless of the effective date of the transportation impact fee Credit Agreement(s).
ON:
[oAoonue: 061800TRuNSP()IlTAT7(}N IMPACT FEE I)lSC()TTNTAND CREDlT/\MENT)M... PuAC ) of
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
CENTERS:FUND TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Fernando Costa A5122\
Originating Department Head: Randle Harwood (8101)
Julie Westerman (2077)
Additional Information Contact: David Schroeder (2239)
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