(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020)
This article shall be known and cited as the "Burleson Roadway
Impact Fee Regulations."
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020)
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)
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)
This article is adopted pursuant to V.T.C.A., Local Government
Code ch. 395 and the City Charter. V.T.C.A., Local Government Code
ch. 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)
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)
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#532-10-2016 at
the October 17, 2016 public hearing and with the roadway impact fee
study as referenced in exhibit A of the same, incorporated herein
by reference for all purposes, including any future amendments thereto.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020)
In this article:
ASSESSMENT
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.
CAPITAL IMPROVEMENT
A roadway facility with a life expectancy of three or more
years, to be owned and operated by or on behalf of the city.
CHANGE OF USE
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.
CITY
The City of Burleson, Texas.
CREDIT
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.
FINAL PLAT APPROVAL
Authorization by city council 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.
IMPACT FEE, OR ROADWAY IMPACT FEE,
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.
LAND USE ASSUMPTIONS
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.
LAND USE EQUIVALENCY TABLE
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 hereto and
incorporated by reference herein.
MAXIMUM ASSESSABLE ROADWAY IMPACT FEE
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 hereto
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.
NEW DEVELOPMENT
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.
RECOUPMENT
The imposition of an impact fee to reimburse the city for
capital improvements which the city has previously oversized to serve
new development.
ROADWAY
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.
ROADWAY FACILITY
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.
ROADWAY FACILITY EXPANSION
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.
ROADWAY IMPACT FEE CAPITAL IMPROVEMENTS PLAN, OR CAPITAL IMPROVEMENTS
PLAN (CIP)
The adopted plan included in exhibit A, 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 ten years, which are to be financed in
whole or in part through the imposition of roadway impact fees pursuant
to this article.
ROADWAY IMPACT FEE COLLECTION RATE
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 hereto
and incorporated herein.
SERVICE AREA
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.
SERVICE UNIT
A vehicle mile. A vehicle-mile shall be defined as one vehicle
traveling a distance of one mile during the afternoon peak hour as
calculated herein.
SITE-RELATED FACILITY
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.
SYSTEM FACILITY
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)
The city hereby establishes four roadway service areas, constituting
land within the city's corporate boundaries, as depicted in exhibit
A, 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)
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. 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)
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)
Assessment of the impact fee for any new development shall be
made as follows:
(1) For
a new development which has received final plat approval before the
effective date of the ordinance from which this article derived, assessment
of impact fees shall occur on the effective date of the ordinance
from which this article derived, and shall be the amount of the maximum
assessable roadway impact fee per service unit as set forth in exhibit
B, schedule 1. However, the roadway impact fee collection rate shall
not be collected on any service unit which has received final plat
approval before the effective date of the ordinance from which this
article derived and for which a valid building permit is issued within
one year after the date of adoption of this article.
(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 the ordinance from which this article
derived, 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 V.T.C.A., Local Government Code §
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)
The following are exempt from the applicability of this article:
(1) Pursuant
to V.T.C.A., Local Government Code § 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.
(2) A change in use, as defined in section
44-157, is exempt from the payment of impact fees.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020)
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, the roadway impact fee collection
rate shall be paid prior to the issuance of a certificate of occupancy.
(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 in effect at the time
of final plat approval for up to a one-year period following such
final plat approval after the one-year period has expired, the roadway
impact fee collection rate shall be paid according to the current
amount listed in exhibit B, schedule 2 then in effect.
(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.
(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) 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.
(7) 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)
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 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. 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 percent 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 the
ordinance from which this article derived, 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 the ordinance from which this article
derived, on such effective date. Credits created after the effective
date of the ordinance from which this article derived shall expire
ten 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.
(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)
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)
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 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)
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)
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
V.T.C.A., Local Government Code ch. 395, or in any successor statute.
The city shall also update these items for all annexations ten acres
or greater, to be completed in conjunction with the annexation process
and prior to final acceptance of the annexed property(s) into the
corporate city limits. For annexations of less than ten acres, the
city shall complete the updates within one year of the annexation.
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 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 V.T.C.A.,
Local Government Code § 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 Charter
or state law.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020)
(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 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 V.T.C.A., Finance Code § 302.002, or its successor statute.
The application for refund pursuant to this section shall be submitted
within 60 days after the expiration of the ten-year period for expenditure
of the 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
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 record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020)
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 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.
(Ord. No. CSO#1479-08-2020, §
1, 9-8-2020)
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 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:
a. Resolve
the appeal, if the applicant agrees with the manager's decision; or
b. If
the applicant does not agree, refer the matter to the capital improvements
advisory committee to make a decision, along with the manager's recommendation
and any trip generation study provided, if any.
(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.
