Fort Worth City Code § 30-181 CREDITS AGAINST TRANSPORTATION IMPACT FEES.
§ 30-181 CREDITS AGAINST TRANSPORTATION IMPACT FEES.
(a) The city shall 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. The credit shall be associated with the plat or other detailed plan of development for the property that is to be served by the transportation facility.
Credit for right-of-way dedication will be determined by the highest of the following three calculations per square foot:
(1) Twenty percent (20%) of the estimated construction cost in the latest transportation improvement plan.
(2) Twenty percent (20%) of the total project cost as determined by the City's acceptance of the roadway facility.
(3) The current Appraisal District Land Market Value per square foot for the property as listed in the most recent Appraisal District Valuation for the property.
(b) Master planned 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 transportation impact fees for the entire project based upon contributions of land, improvements or funds toward construction of system facilities, or other transportation improvements supplying excess capacity. Credits shall be determined by comparing costs of transportation improvements supplied by the project with the costs of transportation 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 § 30-182.
(c) State and federal law and the city's ordinances, policies and regulations, as amended, shall apply to determine a new development's obligations to construct adjacent system facilities. The obligation to construct, however, shall not exceed the maximum impact fees assessed against the new development under Schedule 1. Construction required under such ordinances, policies and regulations shall be credited against the amount of transportation impact fees otherwise due. If the costs of constructing a system facility in accordance with the community facilities agreement are greater than the amount of impact fees due, the amount of the credit due shall be deemed to be 100% of the impact fees and no impact fee shall be collected thereafter for the development, unless the number of service units is subsequently increased.
(d) All credits against transportation impact fees shall be based upon standards promulgated by the city, which may be adopted as administrative guidelines, including the following standards.
(1) No credit shall be given for the dedication or construction of site-related facilities.
(2) No credit shall be given for a transportation facility which is not identified within the transportation improvements plan, unless the facility is on or qualifies for inclusion on the master thoroughfare plan and the city agrees that such improvement supplies capacity to new developments other than the development paying the transportation impact fee and provisions for credits are incorporated in an agreement for credits pursuant to § 30-182.
(3) In no event will the city grant a credit when no transportation impact fees can be collected pursuant to this article or for any amount exceeding the total transportation impact fees due for the development, unless expressly agreed to by the city in writing.
(4) The city may participate in the costs of a system improvement to be dedicated to the city, including costs that exceed the amount of the impact fees due 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.
(5) Where funds for transportation facilities have been escrowed through a community facilities agreement or future improvements agreement for transportation facilities that was executed with the city, the following rules apply:
a. Funds expended under the agreement for transportation facilities shall first be credited against the amount of transportation impact fees that would have been due under Schedule 2 for those units of development for which building permits already have been issued; and
b. Any remaining funds shall be credited against impact fees due for the development under Schedule 2 at the time building permits are issued.
(e) Credits for right-of-way dedication shall be created when the right-of-way dedication instrument has been executed. Credits for construction of improvements shall be created when the improvements are completed and the city has accepted the improvements. A development is eligible to receive 75% of the estimated credits when a Community Facilities Agreement for constructing transportation impact fee eligible improvements has been executed and an acceptable financial guarantee in the form of a development bond, cash escrow, escrow agreement, or letter of credit has been delivered to the city. The remaining credits shall be created when the improvements are completed and the city has accepted the improvements. Credits shall expire ten years from the date the credit was created. Upon application by the property owner, the city may agree to extend the expiration date for the credit on mutually agreeable terms.
(f) Unless an agreement for credits under § 30-182 is executed providing for a different manner of applying credits against transportation 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.
(Ord. 18083, § 1(1-15), passed 5-13-2008, eff. 7-1-2008; Ord. 20605-02-2013, § 6, passed 2-5-2013, eff. 4-1-2013; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022; Ord. 26659-01-2024, § 1, passed 1-23-2024)