Fort Worth City Code § 35-66 SHORT TITLE.
§ 35-66 SHORT TITLE.
This division shall be known and cited as the Fort Worth Impact Fee Division.
(Ord. 10601, § 1(1.01), passed 6-5-1990)
GENERAL PROVISIONS
Fort Worth City Code ch. 35, art. III, div. 2, subpt. I
in effectFort Worth City Code § 35-67 PURPOSE.
§ 35-67 PURPOSE.
This division is intended to assure the provision of adequate public facilities to serve new development in the city by requiring each such development to pay its pro rata share of the costs of capital improvements necessitated by and attributable to such new development.
(Ord. 10601, § 1(1.02), passed 6-5-1990)
Fort Worth City Code § 35-68 AUTHORITY.
§ 35-68 AUTHORITY.
This division is adopted pursuant to Tex. Local Government Code Chapter 395 (Vernon 1990 Supp.) (SB336) and pursuant to the Fort Worth City Charter. The provisions of this division 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 for or in conjunction with this division.
(Ord. 10601, § 1(1.03), passed 6-5-1990)
Fort Worth City Code § 35-69 DEFINITIONS.
§ 35-69 DEFINITIONS.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ASSESSMENT. The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this division.
BENEFIT AREA. Either a water benefit area established pursuant to Subdivision II of this division or a wastewater benefit area established pursuant to Subdivision III of this division, within the city and the city’s extraterritorial jurisdiction, within which impact fees for capital improvements or facility expansions will be collected for new development occurring within such area and within which fees so collected will be expended for those improvements or expansions identified in the capital improvements plan applicable to the benefit area for that category of capital improvement.
CAPITAL IMPROVEMENT. Either a water facility or a wastewater facility, with a life expectancy of three or more years, to be owned and operated by or on behalf of the city.
CITY. The City of Fort Worth, Texas.
CREDIT. The amount determined under this division by which a wastewater impact fee is reduced as a result of the payment of wastewater system access fees imposed pursuant to § 35-58.1 of the city code by a new development prior to the effective date of this division. CREDIT does not include a reduction in the amount of an impact fee due for payment of connection charges defined in § 35-57 of the city code or for payment of front foot charges pursuant to § 35-58 of the city code.
FACILITY EXPANSION. Either a water facility expansion or a wastewater facility expansion.
FINAL PLAT RECORDATION. The filing of the final plat with Tarrant County following compliance with all conditions of approval pursuant to the city’s subdivision regulations.
IMPACT FEE. Either a fee for water facilities or a fee for wastewater facilities imposed on new development by the city pursuant to this division in order to generate revenue to fund or recoup 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. IMPACT FEES also do not include connection charges defined in § 35-57 of the city code or front footage charges for wastewater and water lines imposed pursuant to § 35-58 of the city code.
IMPACT FEE CAPITAL IMPROVEMENTS PLAN. Either a water capital improvements plan or a wastewater capital improvements plan adopted or revised pursuant to this division.
LAND USE ASSUMPTIONS. The projections of population and employment growth within the benefit area adopted by the city, as may be amended from time to time, upon which the capital improvements plans are based.
NEW DEVELOPMENT. A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of the use of land; any of 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 of a plat pursuant to the city’s subdivision regulations, the issuance of a building permit, or connection to the city’s water or wastewater system and which has not been exempted from compliance with these regulations by provisions herein or by schedules attached hereto. Said schedules are not set out herein, but are on file and available for inspection in the office of the city clerk.
PLAT. The plan or map for the subdivision to be filed for record in Tarrant County. PLAT includes replat.
PLATTING. The act of preparing for approval and processing the plan or map for the subdivision to be filed for record in Tarrant County, pursuant to the city’s subdivision regulations. PLATTING includes replatting.
PROPERTY OWNER. Any person, group of persons, firm, corporation or any other legal entity having legal title to or sufficient proprietary interest in the property on which new development is to occur. PROPERTY OWNER includes the developer for the new development.
RECOUPMENT. The imposition of an impact fee to reimburse the city for capital improvements which the city has previously oversized to serve new development.
SERVICE UNIT. One equivalent meter unit, which is the standardized measure of consumption, use or generation of wastewater or water facilities equivalent to the consumption, use or generation of such facilities attributable to a single-family dwelling unit utilizing a three-fourth-inch water meter.
UTILITY CONNECTION. The physical connection of the new development to the city’s water system or to the city’s wastewater system.
WASTEWATER FACILITY. Land or easements and improvements associated with wastewater treatment facilities, whether or not such facilities are owned and operated by the city or in behalf of the city. WASTEWATER FACILITY excludes wastewater collection mains and facilities.
WASTEWATER FACILITY EXPANSION. The expansion of the capacity of any existing wastewater facility for the purpose of serving new development, but does not include the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development.
WASTEWATER CAPITAL IMPROVEMENTS PLAN. The adopted plan, as may be amended from time to time, which identifies the wastewater facilities or wastewater facilities expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this division.
WATER FACILITY. Land or easements or improvements associated with water treatment facilities, water storage and water pumping facilities. WATER FACILITY excludes water distribution mains and facilities.
WATER FACILITY EXPANSION. The expansion of the capacity of any existing water facility for the purpose of serving new development, but does not include the repair, maintenance, modernization or expansion of an existing water improvement to serve existing development.
WATER CAPITAL IMPROVEMENTS PLAN. The adopted plan, as may be amended from time to time, which identifies the water facilities or water facilities expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this division.
(Ord. 10601, § 1(1.04), passed 6-5-1990; Ord. 27911-08-2025, § 1, passed 8-26-2025)
Fort Worth City Code § 35-69.1 ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF CAPITAL IMPROVEMENTS PLAN ADVISORY COMMITTEE FOR WATER AND WASTEWATER IMPACT FEES.
§ 35-69.1 ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF CAPITAL IMPROVEMENTS PLAN ADVISORY COMMITTEE FOR WATER AND WASTEWATER IMPACT FEES.
(a) There is hereby created a capital improvements plan advisory committee for waste and wastewater impact fees (“committee”) which shall act in an advisory capacity, in accordance with Tex. Local Government Code § 395.058.
(b) The committee shall consist of eight members appointed by the city council. Seven members of the committee shall be residents of the City of Fort Worth. One member shall reside in the city’s extraterritorial jurisdiction. At least four of the eight committee members shall be representative of the real estate, development, or building industries who are not employees or officials of a political subdivision or governmental entity.
(c) The members of the committee shall be identified by place numbers one through eight. The odd-numbered places shall expire on October 1 of each odd-numbered year and the even-numbered places shall expire on October 1 of each even-numbered year. Members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms but no members may be appointed to a term in excess of two years.
(d) Five members of the committee shall constitute a quorum for the conduct of business. The members of the committee shall regularly attend meetings and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.
(e) The committee shall perform the following functions:
(1) Advise and assist the city in adopting land use assumptions;
(2) Review capital improvements plans and file written comments;
(3) Monitor and evaluate implementation of the capital improvements plans;
(4) File semi-annual reports with respect to the progress of the capital improvements plans and report to the city council any perceived inequities in implementing the plans or imposing the impact fee; and
(5) Advise the city council of the need to update or revise the land use assumptions, capital improvements plans, and impact fees.
(f) The city shall make available to the committee any professional reports prepared in the development or implementation of the capital improvements plans.
(g) The city council shall adopt procedural rules for the committee to follow in carrying out its duties.
(Ord. 27911-08-2025, § 2, passed 8-26-2025)
Fort Worth City Code § 35-70 APPLICABILITY.
§ 35-70 APPLICABILITY.
The provisions of this division apply to all new development within the corporate boundaries of the city and its extraterritorial jurisdiction which lies within the benefit area. The provisions of this division apply uniformly within each benefit area.
(Ord. 10601, § 1(1.05), passed 6-5-1990)
Fort Worth City Code § 35-70.1 IMPACT FEE AS CONDITION OF DEVELOPMENT APPROVAL.
§ 35-70.1 IMPACT FEE AS CONDITION OF DEVELOPMENT APPROVAL.
No final plat or replat for new development shall be approved within the benefit area for recording without assessment of an impact fee pursuant to this division, and no building permit shall be issued nor shall any utility connection be made until the applicant has paid the impact fee imposed by and calculated herein.
(Ord. 10601, § 1(1.06), passed 6-5-1990)
Fort Worth City Code § 35-70.2 LAND USE ASSUMPTIONS.
§ 35-70.2 LAND USE ASSUMPTIONS.
(a) The land use assumptions for water facilities are attached hereto as Exhibit “A” and are incorporated herein by reference.
(b) The land use assumptions for wastewater facilities are attached hereto as Exhibit “B” and are incorporated herein by reference.
(c) The land use assumptions for the benefit area shall be updated utilizing the amendment procedure set forth in § 35-70.13.
(Ord. 10601, § 1(1.07), passed 6-5-1990; Ord. 11328, §§ 1, 2, passed 6-1-1993; Ord. 13810, §§ 1, 2, passed 5-25-1999; Ord. 15745, §§ 1, 2, passed 11-11-2003; Ord. 15982, §§ 1, 2, passed 5-18-2004; Ord. 18518-03-2009, §§ 1, 2, passed 3-24-2009; Ord. 20406-09-2012, §§ 1, 2, passed 9-18-2012, eff. 1-1-2013; Ord. 22525-12-2016, §§ 1, 2, passed 12-6-2016, eff. 4-1-2017; Ord. 25101-09-2021, §§ 1, 2, passed 9-21-2021, eff. 1-1-2022; Ord. 27745-06-2025, §§ 1, 2, passed 6-10-2025, eff. 10-1-2025)
Editor’s note:
Exhibits “A” and “B,” as referenced in subsections (a) and (b), are not set out herein, but are on file and available for inspection in the office of the city clerk.
Fort Worth City Code § 35-70.3 IMPACT FEES PER SERVICE UNIT.
§ 35-70.3 IMPACT FEES PER SERVICE UNIT.
(a) Maximum impact fees per service unit shall be calculated for wastewater facilities within the wastewater benefit area and for water facilities within the water benefit area and shall be the amount set forth in Schedule 1, attached hereto and made a part of this division by reference.
(b) The impact fee per service unit for each category of capital improvements, which is to be paid by each new development within the benefit area, shall be that established by the city council, as may be amended from time to time, and shall be not more than the maximum impact fee per service unit established in subsection (a) above. Impact fees which are to be paid shall be as set forth in Schedule 2A and Schedule 2B, attached hereto and made a part of this division by reference.
(c) Impact fee Schedules 1 and 2 may be amended from time to time utilizing the amendment procedure set forth in § 35-70.13.
(Ord. 10601, § 1(1.08), passed 6-5-1990; Ord. 10871, § 2, passed 7-2-1991; Ord. 11328, §§ 3, 4, passed 6-1-1993; Ord. 13810, §§ 3, 4, passed 5-25-1999; Ord. 15745, §§ 3, 4, passed 11-11-2003, Ord. 15982, §§ 3, 4, passed 5-18-2004; Ord. 16648, §§ 1, 2, passed 10-11-2005; Ord. 18593-05-2009, §§ 1, 2, passed 5-5-2009, eff. 6-1-2009; Ord. 20406-09-2012, §§ 3, 4, passed 9-18-2012, eff. 1-1-2013; Ord. 22525-12-2016, §§ 3, 4, passed 12-6-2016, eff. 4-1-2017; Ord. 25101-09-2021, §§ 3, 4, passed 9-21-2021, eff. 1-1-2022; Ord. 27745-06-2025, §§ 3, 4, passed 6-10-2025, eff. 10-1-2025)
Fort Worth City Code § 35-70.4 ASSESSMENT OF IMPACT FEES.
§ 35-70.4 ASSESSMENT OF IMPACT FEES.
(a) Assessment of the impact fee for any new development shall be made as follows.
(1) For a development which is submitted for approval pursuant to the city’s subdivision regulations following the effective date of this division, assessment shall occur at the time of final plat recordation, and shall be the amount of the maximum impact fee per service unit then in effect, as set forth in Schedule 1. The city, in its sole discretion, may provide the subdivider with a copy of Schedule 1 prior to final plat approval, but such shall not constitute assessment within the meaning of this division.
(2) For a development which has received final plat approval prior to the effective date of this division, for which no replatting is necessary prior to issuance of a building permit, and which plat has been recorded with Tarrant County, or for lots which predate the city’s subdivision regulations and which are exempt from platting requirements, assessment shall occur on the effective date of this division, and shall be the amount of the maximum impact fee per service unit set forth in Schedule 1.
(b) Following assessment of the impact fee for a new development pursuant to subsection (a) above, the amount of the impact fee 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, in which case the impact fee will be reassessed at the Schedule 1 rate then in effect.
(Ord. 10601, § 1(1.09), passed 6-5-1990)
Fort Worth City Code § 35-70.5 COMPUTATION AND COLLECTION OF IMPACT FEES.
§ 35-70.5 COMPUTATION AND COLLECTION OF IMPACT FEES.
(a) The impact fees due for the new development shall be collected as follows:
(1) For land located within the city limits, at the time that the building permit is issued; or
(2) For property platted outside of the city limits, at the time an application for an individual meter connection to the city’s water or wastewater system is filed.
(b) Following the filing and acceptance of an application for a building permit or the request for connection to the city’s water or wastewater system, the city shall compute the impact fees due for the new development in the following manner.
(1) The amount of each impact fee due shall be determined by multiplying the number of service units generated by the new development by the impact fee due per service unit for the benefit area using the schedule then in effect.
(2) The amount of each impact fee due shall be reduced by any allowable credits for that category of capital improvements, in the manner provided in § 35-70.7.
(c) The amount of each impact fee due for a new development shall not exceed an amount computed by multiplying the maximum impact fee per service unit under Schedule 1 by the number of service units generated by the development.
(d) If the building permit for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fees due shall be computed using Schedule 2 then in effect, and previous payments of impact fees shall be credited against the new fees due.
(e) 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 either prior to or at the time of issuance of a new building permit, or prior to or at the time of the connection to the city’s water or wastewater system, or enlargement of such connection.
(Ord. 10601, § 1(1.10), passed 6-5-1990; Ord. 10871, § 1, passed 7-2-1991; Ord. 14759, § 1, passed 8-28-2001; Ord. 22525-12-2016, § 9, passed 12-6-2016, eff. 4-1-2017)
Fort Worth City Code § 35-70.6 SUSPENSION OF FEE COLLECTION.
§ 35-70.6 SUSPENSION OF FEE COLLECTION.
(a) For any new development which has received final plat approval in accordance with Tex. Local Government Code Chapter 212, or pursuant to the city’s subdivision regulations, or for which an application for final approval has been made, prior to the effective date of this division, the city may assess, but shall not collect any water impact fee as herein defined, on any service unit for which a valid building permit is issued within one year subsequent to the effective date of this division.
(b) If the building permit, which is obtained within the period provided for in subsection (a) above subsequently expires, and no new application for a building permit is approved within such period, the new development shall be subject to the payment of an impact fee, as provided in § 35-70.5.
(Ord. 10601, § 1(1.11), passed 6-5-1990)
Fort Worth City Code § 35-70.7 CREDITS AGAINST IMPACT FEES.
§ 35-70.7 CREDITS AGAINST IMPACT FEES.
A property owner who has paid a wastewater system facility access fee may reduce the amount of a wastewater impact fee due for a new development on that lot or tract by the amount of the access fee paid, following written request and approval by the city, provided that no construction has occurred on the lot or tract and that no utility connection has been made.
(Ord. 10601, § 1(1.12), passed 6-5-1990)
Fort Worth City Code § 35-70.8 ESTABLISHMENT OF ACCOUNTS.
§ 35-70.8 ESTABLISHMENT OF ACCOUNTS.
(a) The city shall establish an account to which interest is allocated for each benefit area for each type of capital facility for which an impact fee is imposed pursuant to this division. Each impact fee collected within the benefit 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 issued solely for the purposes authorized in § 35-70.9.
(c) The city shall establish adequate financial and accounting controls to assure that impact fees disbursed from the account are utilized solely for the purposes authorized in § 35-70.9. 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 division; provided, however, that funds shall be expended within a reasonable period of time, but not to exceed ten years from the date that an impact fee has been paid.
(d) The city shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended from each benefit area. The records of such accounts shall be open for public inspection and copying during ordinary business hours.
(Ord. 10601, § 1(1.13), passed 6-5-1990)
Fort Worth City Code § 35-70.9 USE OF PROCEEDS OF IMPACT FEE ACCOUNTS.
§ 35-70.9 USE OF PROCEEDS OF IMPACT FEE ACCOUNTS.
(a) The impact fees collected for each benefit area pursuant to this division may be used to finance or to recoup the costs of any capital improvements or facility expansion identified in the applicable capital improvements plan for the benefit area, including, but not limited to, the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney’s fees and expert witness fees). 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 capital improvements or facility expansion.
(b) Impact fees collected pursuant to this division shall not be used to pay for any of the following expenses:
(1) Construction, acquisition or expansion of capital improvements other than those identified in the applicable capital improvements plan;
(2) Repair, operation or maintenance of any capital improvements or facility expansion;
(3) Upgrade, expansion or replacement of existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
(4) Upgrade, expansion or replacement of existing capital improvements to provide better service to existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or
(5) Administrative and operating costs of the city.
(Ord. 10601, § 1(1.14), passed 6-5-1990)
Fort Worth City Code § 35-70.10 APPEALS.
§ 35-70.10 APPEALS.
(a) The property owner or applicant for new development may appeal the following decisions to the city council:
(1) The applicability of an impact fee to the development;
(2) The amount of the impact fee due;
(3) The denial of or determination of the amount of a credit;
(4) The application of a credit against an impact fee due; and
(5) The amount of a refund due, if any.
(b) The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining credits.
(c) The appellant must file a written notice of appeal with the city within 30 days following the decision. The development application may be processed while the appeal is pending, if the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the original determination of the impact fee due.
(Ord. 10601, § 1(1.15), passed 6-5-1990)
Fort Worth City Code § 35-70.11 REFUNDS.
§ 35-70.11 REFUNDS.
(a) Upon application, any impact fee or portion thereof collected pursuant to this division, which has not been expended within the benefit area within ten years from the date of payment, shall be refunded, upon application, 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 Tex. Revised Statutes Article 1.03, Title 79 (V.T.C.S. Article 5069-1.03, Vernon’s Texas Civil Statutes), or its successor statute. An impact fee shall be considered as expended on a first-in, first-out basis.
(b) An impact fee collected pursuant to this division shall also be considered expended if, within ten years following the date of payment, the total expenditures for capital improvements or facility expansion authorized in § 35-70.9 within the benefit area exceeds the total fees collected within the benefit area for such improvements or expansions during such period.
(c) If a refund is due pursuant to subsections (a) and (b) above, 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 benefit 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.
(d) Upon completion of all the capital improvements or facility expansion identified in the capital improvements plan for the benefit area, the city shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the city shall refund the difference, if such difference exceeds the impact fee paid per service unit by more than 10%. If the difference is less than 10%, no refund shall be due. The refund to the record owner shall be calculated by multiplying such difference 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. 10601, § 1(1.16), passed 6-5-1990)
Fort Worth City Code § 35-70.12 REBATE.
§ 35-70.12 REBATE.
If the building permit for a new development for which an impact fee has been paid has expired, no utility connections for that category of capital improvements have been made to the development, and a modified or new application has not been approved 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 section has been filed within this period, no rebate shall become due.
(Ord. 10601, § 1(1.17), passed 6-5-1990)
Fort Worth City Code § 35-70.13 UPDATES TO PLAN AND REVISION OF FEES.
§ 35-70.13 UPDATES TO PLAN AND REVISION OF FEES.
(a) The city shall update its land use assumptions and capital improvements plans at least every five years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Tex. Local Government Code, Chapter 395, or in any successor statute.
(b) The city may review its land use assumptions, capital improvements plans, impact fees and other factors such as market conditions more frequently than provided in subsection (a) above to determine whether the land use assumptions and capital improvements plans should be updated and the impact fee recalculated accordingly, or whether Schedules 1 or 2 should be changed.
(c) If, at the time an update is required pursuant to subsection (a) above, the city council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in Tex. Local Government Code § 395.0575.
(Ord. 10601, § 1(1.18), passed 6-5-1990; Ord. 21239-05-2014, 1, passed 5-13-2014)
Fort Worth City Code § 35-70.14 USE OF OTHER FINANCING MECHANISMS.
§ 35-70.14 USE OF OTHER FINANCING MECHANISMS.
(a) The city may finance capital improvements or facility expansion designated in the capital improvements plan through the issuance of bonds, through the information 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.
(b) Except as herein otherwise provided, the assessment and collection of an 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. 10601, § 1(1.19), passed 6-5-1990)
Fort Worth City Code § 35-70.15 IMPACT FEE AS ADDITIONAL AND SUPPLEMENTAL REGULATION.
§ 35-70.15 IMPACT FEE AS ADDITIONAL AND SUPPLEMENTAL REGULATION.
Impact fees established by this division are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land, the issuance of building permits or the connection of utilities. 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.
(Ord. 10601, § 1(1.20), passed 6-5-1990)
Fort Worth City Code § 35-70.16 RELIEF PROCEDURES.
§ 35-70.16 RELIEF PROCEDURES.
(a) Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the city council to determine whether any duty required by this division, other than those matters which may be appealed pursuant to § 35-70.10, 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 60 days of the request. If the city council determines that the duty is required pursuant to this division and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion.
(b) The city council may grant a variance from any requirement of this division, upon written request by a property owner subject to this division, following a public hearing, and only upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property.
(c) If the city council grants a variance that reduces the amount of the impact fee due for a new development under this division, it shall cause to be appropriated from other city funds the amount of the reduction in the impact fee and deposit such funds in the account for the benefit area in which the property is located.
(Ord. 10601, § 1(1.21), passed 6-5-1990)
Fort Worth City Code § 35-70.17 EXEMPTION FROM DIVISION.
§ 35-70.17 EXEMPTION FROM DIVISION.
Any building permit application which was duly accepted for filing prior to the effective date of this division and which is subsequently granted, shall be exempt from the assessment and payment of an impact fee, unless such application thereafter expires.
(Ord. 10601, § 1(1.22), passed 6-5-1990)
Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-32044Fetched: 10/26/2026