FEE IN-LIEU OF SYSTEM IMPROVEMENTS.
Austin City Code § 25-6-102
in effect§ 25-6-102 - FEE IN-LIEU OF SYSTEM IMPROVEMENTS.
(A) The director may allow an applicant to pay a fee in-lieu of constructing one or more transportation system improvements required under Section 25-6-101 (Mitigation of Transportation Impacts) or, at the director's discretion, to post fiscal surety in the amount of the required fee in-lieu. In determining whether to allow payment of a fee in-lieu or fiscal surety, or to require construction of system improvements, the director shall consider:
(1) the applicant's roughly proportionate share of infrastructure costs, as determined under Section 25-6-23 (Proportionality Of Required Infrastructure), relative to the cost of constructing one or more identified system improvements;
(2) future transportation improvements anticipated for the area through capital improvement projects or as a condition to the approval of other proposed developments; and
(3) the feasibility of constructing one or more identified system improvements by supplementing the amount collected through payment of a fee in-lieu with city funds.
(B) A fee in-lieu collected under Subsection (A) of this section shall be placed in a dedicated fund and used solely for the purpose of constructing one or more system improvements identified under Section 25-6-23 (Proportionality Of Required Infrastructure).
(C) A fee in-lieu collected under this section shall be spent, consistent with the requirements of Subsection (B), within ten years from the date fee is paid to the City. The owner of a property for which a fee in-lieu was paid under this section may request a refund of any funds that remain unspent after the end of the ten-year period. A refund request under this section must be submitted in writing, on a form provided by the director.
Source: Ord. No. 20170302-077, Pt. 6, 3-13-17.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT25LADE_CH25-6TR_ART3TRIMANMI_DIV1TRSYIM_S25-6-102FEEUSYIMFetched: 10/27/2026