[1]
Editor's note—Ord. No. CSO#1479-08-2020, adopted September
8, 2020, repealed former art. III, which pertained to similar subject
matter and derived from Ord. No. CSO#600-03-2017, adopted March 6,
2017.
Editor's note—Exhibits A through D are on file in the
engineering department and the city secretary's office.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
This article shall be known and cited as the "Burleson roadway
impact fee Regulations."
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
The findings set forth above are incorporated into the body
of this article as if fully set forth herein and are hereby found
to be true and correct factual and legislative determinations of the
city.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
This article is intended to assure the provision of adequate
roadway facilities to serve new development in the city by requiring
each development to pay a share of the costs of such capital improvements
or roadway facility expansions necessitated by and attributable to
such new development.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
This article is adopted pursuant to Texas Local Government Code
(TLGC) Chapter 395 and the city charter. Chapter 395 supplements this
article to the extent that its provisions may be applicable hereto
and, to such extent, its provisions are incorporated herein by reference.
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 developed by ordinance, resolution, or otherwise
to implement and administer this article.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
The provisions of this article apply to all new development
within the corporate boundaries of the city. The provisions of this
article apply uniformly within each roadway service area.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
The roadway impact fee capital improvements plan and land use
assumptions identifying capital improvements or facility Expansions
pursuant to which roadway impact fees may be assessed, as considered
and adopted by the city council Resolution No. CSO#5346-12-2023 at
the December 11, 2023 public hearing and with the roadway impact fee
study as referenced in exhibit A Ordinance 5478-6-2024 incorporated
herein by reference for all purposes, including any future amendments
thereto.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
In this article:
The determination of the amount of the maximum assessable
roadway impact fee per service unit which can be imposed on new development
pursuant to this article.
From January 1st to December 31st in any year.
A roadway facility with a life expectancy of three or more
years, to be owned and operated by or on behalf of the city.
A change in use or occupancy of any existing structure, that
would otherwise have the effect of increasing the number of service
units beyond those attributable to the immediately preceding use,
which may include, but is not limited to, the reconstruction, redevelopment,
conversion, or structural alteration, but does not include the enlargement
or expansion of any structure.
The City of Burleson, Texas.
A reduction in the amount of a roadway impact fee(s), payments,
or charges for approved construction or provision of the same type
of capital improvement for which a fee has been assessed for a new
development. This is done by either by a proven decrease in the number
of service units attributable to such development or a decrease in
the amount of roadway impact fees otherwise due, 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, as determined by the city.
Authorization by the approval authority of the city that
the final map of a proposed subdivision meets all city standards and
conditions in accordance with the city's subdivision regulations and
the mayor executes the applicant's plat and that the plat may be recorded
in the office of the county clerk of Johnson or Tarrant County. The
term applies both to original plats and replats.
A fee, charge, or assessment for roadway 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. The term includes amortized charges, lump-sum
charges, capital recovery fees, contributions in aid of construction
and any other fee that functions as described by this article or the
statute. The term is inclusive of both the maximum assessable roadway
impact fee and the roadway impact fee collection rate as herein described.
The description of service areas and the projections of population
and employment growth and associated changes in land uses, densities
and intensities adopted by the city, as may be amended from time-to-time,
upon which the roadway impact fee capital improvements plan is based.
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, attached as exhibit C Ordinance
5478-6-2024 and incorporated by reference herein.
The impact fee that is established for each service area
computed by calculating the total projected costs of capital improvements
necessitated by and attributable to new development associated with
the roadway CIP, and then dividing that amount by the total number
of service units anticipated within the service area based upon the
land use assumptions. The maximum assessable roadway impact fee shall
be established and reflected in exhibit B, schedule 1, attached to
Ordinance 5478-6-2024 and incorporated herein. The city may adopt
a roadway impact fee collection rate that is less than this amount,
but in no instance shall the collected roadway impact fee exceed the
maximum Assessed roadway impact fee.
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.
The imposition of an impact fee to reimburse the city for
capital improvements which the city has previously oversized to serve
new development.
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.
An improvement or appurtenance to a roadway which includes,
but is not limited to, rights-of-way, whether conveyed by plat, deed
or easement; intersection improvements; traffic signals; turn lanes;
drainage facilities associated with the roadway facility; street lighting
or curbs, and water and wastewater improvements affected by the roadway
facility. Roadway facility also includes any improvement or appurtenance
to an intersection with a roadway officially enumerated in the federal
or State highway system, and to any improvements or appurtenances
to such federal or State 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, sidewalks, drainage appurtenances
and rights-of-way. Roadway facility excludes those improvements or
appurtenances to any roadway which is a site-related facility.
The adopted plan included in exhibit A to Ordinance 5478-6-2024,
as may be amended from time-to-time, which identifies the roadway
facilities or roadway facility expansions and their costs for each
roadway 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 roadway
impact fees pursuant to this article.
The current amount of roadway impact fee adopted by city
council to be paid by the property owner, as may from time-to-time
be amended. The adopted roadway impact fee collection rate shall be
established and reflected in exhibit B, schedule 2, attached to Ordinance
5478-6-2024 and incorporated herein.
Any primary and secondary arterial or major collector designated
in the city's adopted mobility plan, as may be amended from time-to-time.
Roadway also includes any thoroughfare designated as a numbered highway
on the official federal or State highway system; to the extent that
the city incurs capital improvement costs for such facility.
A roadway service area within the city's corporate boundary,
within which impact fees for roadway capital improvements or roadway
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 roadway
impact fee capital improvements plan applicable to the service area.
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 as calculated herein.
An improvement or facility which is for the primary use or
benefit of one or more new developments and/or which is for the primary
purpose of safe and adequate provision of roadway facilities to serve
the new development, including access to the development, which is
not included in the roadway capital improvements plan, and for which
the developer(s) or property owner(s) is solely responsible under
subdivision or other applicable development regulations. Site-related
facility may include a roadway improvement which is located offsite,
within or on the perimeter of the development site.
A roadway improvement or facility expansion which is designated
in the roadway impact fee capital improvements plan and which is not
a site-related facility. System facility may include a roadway improvement
which is located offsite, within or on the perimeter of the development
site.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
The city hereby establishes four roadway service areas, constituting
land within the city's corporate boundaries, as depicted in exhibit
A to Ordinance 5478-6-2024, referenced hereto and incorporated by
reference herein. The boundaries of the roadway service areas may
be amended from time-to-time, or new roadway service areas may be
delineated, pursuant to the procedures of this article.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
The city hereby adopts the maximum assessable roadway impact
fee attached and incorporated as exhibit B, schedule 1, and the roadway
impact fee collection rate attached and incorporated as exhibit B,
schedule 2 to Ordinance 5478-6-2024. Each non-exempt new development
shall be assessed the maximum assessable roadway impact fee and shall
pay the roadway impact fee collection rate, minus any applicable credits,
as described herein. Except as herein otherwise provided, the assessment
and collection of a roadway 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.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
No final plat for new development shall be released for filing
with Tarrant or Johnson County without assessment of an impact fee
pursuant to this article; or, if no plat is required, then no building
permit shall be issued until such assessment is made and the roadway
impact fee collection rate is paid in accordance with the assessment
and collection procedures indicated herein.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
Assessment of the impact fee for any new development shall be
made as follows:
(1)
Assessment of the roadway impact fee per service unit shall be the
amount of the maximum assessable roadway impact fee per service unit
as set forth in exhibit B, schedule 1 to Ordinance 5478-6-2024.
(2)
For land which is not required to be platted at the time of application
for a building permit pursuant to the city's subdivision regulations
prior to development, assessment of roadway impact fees shall occur
at the time application is made for the building permit, and shall
be the amount of the maximum assessable roadway impact fee per service
unit as set forth in exhibit B, schedule 1 then in effect.
(3)
For 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 article, assessment of impact
fees shall be at the time of final plat or replat approval, and shall
be the amount of the maximum assessable roadway impact fee per service
unit as set forth in exhibit B, schedule 1 then in effect.
(4)
Following assessment of the impact fee pursuant to this section,
the amount of the impact fee assessment per service unit for that
development cannot be increased, unless the owner proposes to change
the approved development by the submission of a new 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 exhibit B, schedule 1 rate then in effect for such
additional service unit.
(5)
The city manager or his or her designee shall compute the roadway
impact fees for new development by first determining whether the new
development is eligible for credits calculated in accordance with
this article, which would further reduce impact fees otherwise due
in whole or in part. The total amount of impact fees for the new development
shall be attached to the development application as a condition of
approval.
(6)
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.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
The following are exempt from the applicability of this article:
(1)
Pursuant to Tex. Loc. Gov't Code section 395.022, as amended, a public
school district is not required to pay roadway 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.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
Roadway impact fees shall be collected in the following manner;
however, the city has the ability to require construction greater
than the roadway impact fee collection rate for amounts up to the
maximum assessable roadway impact fee:
(1)
The roadway impact fee collection rate shall be paid at the time
the city issues a building permit for a new development. For new development
which does not require a building permit or filing of a plat, the
roadway impact fee collection rate shall be paid prior to the issuance
of a certificate of occupancy shall be based on the current plat date.
(2)
For properties requiring a plat, the roadway impact fee collection
rate to be paid and collected per service unit for new development
shall be the amount listed in exhibit B, schedule 2 to Ordinance 5478-6-2024
in effect at the time of final plat approval.
(3)
For properties that do not require the filing of a plat, the roadway
impact fee collection rate shall be paid and collected per service
unit for new development in the amount listed in exhibit B, schedule
2 in effect at the time that the building permit application is filed
and shall be based on the current plat date.
(4)
If the building permit for which an impact fee has been paid has
expired, and a new application is thereafter filed, the roadway impact
fee collection rate shall be computed using exhibit B, schedule 2
in effect at the time of the new application, with credits for previous
payment of impact fees being applied against the new impact fees due.
(5)
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 exhibit B, schedule
2 in effect at the time of the request, and such additional fee shall
be collected at the times prescribed by this section.
(6)
Where an application for a building permit is for a "shell" or speculative
building on a parcel zoned "GR," general retail or "C," commercial,
the amount of the roadway impact fee will be calculated assuming the
entire building will be used as a "strip retail plaza" as shown on
exhibit C, land use equivalency table to Ordinance 5478-6-2024. Where
a subsequent application for a building permit is made for the finish-out
of the shell building, or portion thereof, for the ultimate use, an
additional roadway impact fee shall be charged and paid if the ultimate
use is different from a "strip retail plaza."
(7)
The city may vary the rates of collection or amount of roadway impact
fees per service unit among or within service areas in order to reasonably
further goals and policies affecting the adequacy of roadway 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 areas.
(8)
The maximum assessable roadway impact fee per service unit for roadway
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 roadway system. To the
extent that the roadway impact fee collection rate charged against
a new development, as may be amended from time-to-time, is less than
the maximum assessable roadway impact fee per service unit assessed,
such difference hereby is declared to be founded on policies unrelated
to measurement of the impacts of the new development on the city's
roadway system. The maximum assessable roadway impact fee may be used
in evaluating any claim by a property owner that the dedication or
construction of a capital improvement within a service area 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 roadway system.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
The city may 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 with
the following limitations:
(1)
The credit shall be associated with the plat or other detailed plan
of development for the property that is to be served by the roadway
facility.
(2)
Master planned community 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
roadway impact fees for the entire project based upon contributions
of land, improvements or funds toward construction of system facilities.
Credits shall be determined by comparing costs of roadway capital
improvements supplied by the project with the costs of roadway capital
improvements to be utilized by development within the project, utilizing
a methodology approved by the city. The credit determination shall
be incorporated within an agreement for credits, in accordance with
this article. The roadway requirements of an agreement for credits
shall not be less than what is required by the city's development
code.
(3)
The city's current policies and regulations shall apply to determine
a new development's obligations to construct adjacent System facilities.
The obligation to construct, however, shall not exceed the maximum
assessable roadway impact fee assessed against the new development
under exhibit B, schedule 1 to Ordinance 5478-6-2024. Construction
required under such policies and regulations shall be a credit against
the amount of impact fees otherwise due. If the costs of constructing
a System facility in accordance with the current city policies and
regulations are greater than the amount of the roadway impact fee
collection rate due, the amount of the credit due shall be deemed
to be 100% of the assessed impact fees and no impact fee shall be
collected thereafter for the development, unless the number of service
units is subsequently increased.
(4)
All credits against roadway impact fees shall be based upon standards
promulgated by the city, which may be adopted as administrative guidelines,
including the following standards:
a.
No credit shall be given for the dedication or construction of site-related
facilities.
b.
No credit shall be given for a roadway facility which is not identified
within the roadway impact fee capital improvements plan, unless the
facility is on or qualifies for inclusion on the mobility plan and
the city agrees that such improvement supplies capacity to new developments
other than the development paying the roadway impact fee and provisions
for credits are incorporated in an agreement for credits pursuant
to this article.
c.
In no event will the city grant a credit when no roadway impact fees
can be collected pursuant to this article or for any amount exceeding
the roadway impact fee collection rate due for the development, unless
expressly agreed to by the city in writing.
d.
The city may participate in the costs of a System facility to be
dedicated to the city, including costs that exceed the amount of the
maximum assessable impact fees 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.
e.
Where funds for roadway facilities have been escrowed under an agreement
that was executed with the city prior to the effective date of this
article, the following rules apply:
1.
Funds expended under the agreement for roadway facilities shall
first be credited against the amount of roadway impact fees that would
have been due under exhibit B, schedule 2 for those units of development
for which building permits already have been issued;
2.
Any remaining funds shall be credited against impact fees due
for the development under exhibit B, schedule 2, at the time building
permits are issued.
(5)
Credits for construction of capital improvements shall be deemed
created when the capital improvements are completed and the city has
accepted the facility, or in the case of capital improvements constructed
and accepted prior to the effective date of this article, on such
effective date. Credits created after the effective date of this article
shall expire ten (10) years from the date the credit was created.
Credits arising prior to such effective date shall expire ten (10)
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.
(6)
Unless an agreement for credits, as described herein, is executed
providing for a different manner of applying credits against roadway
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.
(7)
An owner of a new development who has constructed or financed a roadway
capital improvement or roadway facility expansion designated in the
roadway impact fee capital improvements plans, or other roadway capital
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 roadway impact fees due for the development in
accordance with this subsection. The agreement shall identify the
basis for and the method for computing and the amount of the credit
due and any reduction in credits attributable to consumption of road
capacity by developed lots or tracts served by the roadway capital
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.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
The roadway impact fees collected for each service area pursuant
to these regulations may be used to finance or to recoup the costs
of any roadway improvements or facility expansions identified in the
roadway impact fee capital 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).
Roadway 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 roadway improvements
or facility expansions. Roadway impact fees may also be used to pay
fees actually contracted to be paid to an independent qualified engineer
or financial consultant for preparation of or updating the roadway
impact fee capital improvements plan. The capital improvements advisory
committee shall recommend a roadway impact fee funding plan identifying
the projects to be funded with roadway impact fees. City council shall
have final approval of the funding plan. Impact fees collected may
not be used to pay for the expenses prohibited by statute.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
The city's finance department shall establish an account to
which interest is allocated for each service area for which a roadway
impact fee is imposed pursuant to this article. Each impact fee collected
within the service area shall be deposited in such account with the
following regulations:
(1)
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 this article and the statute.
(2)
The city's finance department shall establish adequate financial
and accounting controls to ensure that roadway impact fees disbursed
from the account are utilized solely for the purposes authorized in
this article and the statute. 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
roadway 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.
(3)
The city's finance department shall maintain and keep financial records
for roadway 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.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
Roadway 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 impact fees are
intended to be consistent with and to further the policies of the
Imagine Burleson Comprehensive plan, the capital improvements plan,
the zoning ordinances, 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. This article 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.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
The city shall update its land use assumptions and capital improvements
plan and make any revision of fees as indicated below:
(1)
The city shall update its land use assumptions and roadway impact
fee capital improvements plans and shall recalculate the roadway impact
fees based thereon in accordance with the procedures set forth in
Texas Local Gov't Code, ch. 395, or in any successor statute. Newly
annexed territories: Upon annexation, a newly annexed area shall be
immediately added into the nearest, adjacent roadway service area
so long as in doing so the roadway service area still complies with
the distance requirements in chapter 395 of the Texas Local Government
Code. The collection rate shall be assessed at the rate of the existing
roadway service area and may be adjusted upon a future study update.
In the event that said addition to the nearest, adjacent roadway service
area brings that roadway service area out of compliance with the distance
requirements in chapter 395 of the Texas Local Government Code, a
new impact fee study shall be commenced as soon as possible, and upon
adoption of an updated study, the roadway service areas shall be adjusted
to incorporate the newly annexed area. However, this does not preclude
the city from reviewing its land use assumptions, roadway impact fee
capital improvements plans, roadway impact fees, and other factors
such as market conditions more frequently than provided for herein
to determine whether the land use assumptions and roadway capital
improvements plans should be updated and the roadway impact fees recalculated
accordingly, utilizing statutory update procedures.
(2)
Exhibit B, schedule 2, to Ordinance 5478-6-2024 may be amended without
revising the land use assumptions and roadway capital improvements
plans at any time prior to the update provided for in this section,
provided that the roadway impact fee collection rate to be collected
under exhibit B, schedule 2 do not exceed the maximum assessable roadway
impact fees assessed under exhibit B, schedule 1.
(3)
If, at the time an update is required as indicated herein and the
city council determines that no change to the land use assumptions,
roadway impact fee capital improvements plan or roadway impact fees
are needed, it may dispense with such update by following the procedures
in Texas Local Gov't Code, section 395.0575 or its successor statute.
(4)
The city may amend any other provisions of this article in accordance
with procedures for ordinance amendments contained in the city's charter
or state law.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
(a)
Upon application, any roadway impact fee or portion thereof collected
pursuant to this article, which has not been expended within the service
area within ten (10) years from the date of payment, shall be refunded
to the recordowner 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 section 302.002, Tex. Fin. Code, 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 impact fee. An impact fee shall be considered
expended on a first-in, first-out basis.
(b)
An impact fee collected pursuant to this article shall also be considered
expended if the total expenditures for capital improvements or roadway
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 impact 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 recordowner 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. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
If the building permit for a new development for which a roadway
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 recordowner 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.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020; Ord. No. 5478-06-2024, 6/3/2024)
The property owner or applicant for new development may appeal
the applicability or amount of the roadway impact fee or the availability
or amount of credits or refunds to the city council using the following
procedure:
(1)
The burden of proof shall be on the applicant to demonstrate that
relief should be granted by the city.
(2)
The applicant must file a written notice of appeal with the city
manager or his/her designee within thirty (30) days following the
decision being appealed. Along with the notice of appeal, an applicant
may request an alternative service unit computation for land uses
not contained with the latest edition of the ITE Trip Generation Manual
by submitting a trip generation study demonstrating the appropriateness
of the trip generation rates for the proposed development. An applicant
may also include an alternative service unit calculation.
(3)
The city manager or his/her designee
("manager") may:
(4)
If city council review is requested by the applicant after receiving
the manager's and/or capital improvements advisory committee decision,
the city secretary shall schedule a public hearing at which the applicant
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, unless otherwise agreed by the applicant.
(5)
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 roadway impact fee due, the city shall process
and may issue a building permit if other requirements are met while
the appeal is pending.
(6)
If the city council allows for a different amount of the roadway
impact fee due for a new development under this section to be paid,
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.
