O-2019-0124 - 3/14/2019ORDINANCE NO. 0-2019-0124
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE V, CODE OF
ORDINANCES (2018 EDITON), CITY OF ROUND ROCK, TEXAS,
REGARDING ROADWAY IMPACT FEES; AND PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That Chapter 42, Article V, Code of Ordinances (2018 Edition), City of Round
Rock, Texas, is hereby replaced in its entirety and shall read as follows:
CHAPTER 42 — TRAFFIC AND VEHICLES
ARTICLE V. ROADWAY IMPACT FEES
Sec. 42-500. Short title.
This Article V. shall be known and cited as the Round Rock Roadway Impact Fees.
Sec. 42-501. Purpose.
This Article V. is intended to ensure the provision of adequate roadway facilities to serve new
development in the city by requiring each development to pay its share of the costs of such improvements
necessitated by and attributable to such new development.
Sec. 42-502. Authority.
This Article V. is adopted pursuant to V.T.C.A., Local Government Code Ch. 395 and the city Charter.
The provisions of this Article shall not be construed to limit the power of the city to utilize all powers and
procedures authorized under V.T.C.A., Local Government Code Ch. 395, or 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.
Sec. 42-503. Definitions.
Assessment means the determination of the amount of the maximum impact fee per service unit which
can be imposed on new development pursuant to this Article.
Capital improvement means a roadway facility with a life expectancy of three or more years, to be
owned and operated by or on behalf of the city (including the city's share of costs for roadways and
0112.1902; 00418682/sls
associated improvements designated as a numbered highway on the official federal or state highway
system). "Capital improvement" includes a newly constructed roadway facility or the expansion of an
existing roadway facility necessary to serve new development.
City means the City of Round Rock, Texas.
Credit means an amount equal to:
(a) That portion of ad valorem tax revenues generated by new service units during the program
period that is used for the payment of improvements, including the payment of debt, that are
included in the capital improvements plan; or
(b) In the alternative, a credit equal to 50 percent of the total projected cost of implementing the
roadway improvements plan.
(Credit is not to be confused with offset which is defined below.)
Development unit(s) is the expression of the size of each land use planned within a particular
development and is used to compute the number of service units consumed by each individual land use
application.
Final plat approval means the point at which the applicant has complied with all conditions of approval
and the plat has been released for filing with the county. This term applies to both original plats and replats.
Final plat recordation means the point at which the applicant has complied with all conditions precedent
to recording an approved final plat in the county, including the final completion of and acceptance by the
city of any infrastructure or other improvements required by the subdivision ordinance or any other
ordinance and the plat is filed for record with the county clerk's office.
Land use assumptions means and includes a description of the 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, in each service area over a ten-year period upon which
the roadway improvements plan is based. The land use assumptions are set out in the most recently
updated land use assumptions for roadway impact fees adopted by resolution of the city council as
amended from time to time.
Land use vehicle -mile equivalency tables or LUVMET are tables set forth in Section 42-505(c) that
provide the standardized measure of consumption or use of roadway facilities attributable to a new
development based on the land use category of the development and historical data and trends applicable
to the city during the previous ten years. The LUVMET recognizes and expresses the magnitude of the
transportation demand created by different land use categories within a particular development and allow
different uses of land to more accurately bear the cost and expense of the impacts generated by such uses.
The LUVMET expresses the number of service units consumed by each individual land use application as
"vehicle miles (per development unit)."
Maximum assessible roadway impact fees mean the fees set out in Schedule 42-505(a).
New development means a project involving the subdivision of land and/or the construction,
reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any
structure, or any use or extension of the use of land which has the effect of increasing the requirements for
capital improvements, measured by an increase in the number of service units to be generated by such
activity, and which requires either the approval and filing with the county of a plat pursuant to the city's
subdivision ordinance or the issuance of a building permit.
Offset or offsets means the amount of the reduction of an impact fee designed to fairly reflect the value
of any construction of, contributions to, or dedications of a system facility agreed to or required by the city
as a condition of development approval, pursuant to rules herein established or pursuant to city council -
approved administrative guidelines which value shall be credited on an actual cost basis against roadway
facilities impact fees otherwise due from the development. (Offset is not to be confused with "credit", which
is defined above.
Recoup means to reimburse the city for capital improvements which the city has previously installed
or caused to be installed.
Roadway means any freeway, expressway or arterial or collector streets or roads designated in the
city's adopted master thoroughfare plan, as may be amended from time to time. The term includes the city's
share of costs for roadways designated as a numbered highway on the official federal or state highway
system.
Roadway facility means an improvement or appurtenance to a roadway which includes, but is not
limited to, rights-of-way, whether conveyed by deed or easement; intersection improvements; traffic signals;
turn lanes; drainage facilities associated with the roadway; street lighting or curbs. "Roadway facility" also
includes any improvement or appurtenance to an intersection with a roadway officially enumerated in the
federal or state highway system. "Roadway facility" includes the city's share of costs for roadways and
associated improvements designated as a numbered highway on the official federal or state highway
system, including local matching funds and costs related to utility line relocation and the establishment of
curbs, gutters, drainage appurtenances, and rights-of-way. "Roadway facility" excludes those
improvements or appurtenances to a roadway which are site -related facilities.
Roadway impact fee means a charge or assessment imposed by the city, as set forth in Section 42-
505(b), against new development in order to generate revenue for funding or recouping the costs of capital
improvements or facility expansions necessitated by and attributable to the new development. "Impact fees"
or "roadway impact fees" do not include road escrow payments for site -related facilities imposed under
facility agreements in existence on the 1st day of January, 2020. The term also does not include dedication
of rights-of-way or easements or construction or dedication of drainage facilities, streets, sidewalks, or curbs
if the dedication or construction is required by the subdivision ordinance and is necessitated by and
attributable to the new development.
Roadway improvements plan identifies the capital improvements or facility expansions and associated
costs for each roadway service area that are necessitated by and which are attributable to new development
within the service area, for a period not to exceed ten years, which capital improvements are to be financed
in whole or in part through the imposition of roadway impact fees pursuant to this Article. The roadway
improvements plan and land use assumptions were adopted by resolution of the city council, and may be
amended from time to time.
Roadway service area means the geographic area(s) within the city's corporate limits, which do not
exceed six miles and within which geographic area(s) roadway impact fees for capital improvements will
be collected for new development occurring within such area, and within which fees so collected will be
expended for those capital improvements identified in the roadway improvements plan to be located within
the roadway service area. "Roadway service area" does not include any land outside the city limits.
Service unit means one vehicle mile of travel in the afternoon peak hour of traffic and is also referred
to as a "vehicle mile."
Service unit equivalent means the amount of capacity created by contribution of a capital improvement
on behalf of a new development, expressed in vehicle miles.
Site -related facility means an improvement or facility which is constructed for the primary use or benefit
of a new development and/or which is for the primary purpose of safe and adequate provision of roadway
facilities to serve the new development and which is not included in the roadway improvements plan and
for which the developer or property owner is solely responsible under the subdivision, and/or other
applicable, regulations.
System facility means a capital improvement which is designated in the roadway improvements plan
and which is not a site -related facility. A system facility may include a capital improvement which is located
off-site, within, or on and along the perimeter of the new development site.
Sec. 42-504. Service areas and applicability.
(a) The City is hereby divided into three roadway service areas as shown on the official roadway
service area map. The official roadway service area map, which, together with all explanatory
matter thereon, is hereby adopted by reference and declared to be a part of this Article. The
official roadway service area map shall be identified by the signature of the mayor attested by
the city clerk and bearing the seal of the City of Round Rock under the following words:
"This is to certify that this is the official roadway service area map referred to in
Subsection 42-504 of the Code of Ordinances, City of Round Rock, Texas, 2010."
(b) The provisions of this Article apply to all new development within the service areas described
above. The provisions of this Article apply uniformly within each roadway service area.
Sec. 42-505. Roadway impact fees per service unit.
(a) The maximum assessable roadway impact fee per service unit for each roadway service area
shall be as set forth in the table below:
Schedule 42-505 (a)
MAXIMUM ASSESSABLE ROADWAY IMPACT FEE PER SERVICE UNIT
Service Area A $ 2,678
Service Area B $ 2,933
Service Area C $ 2,511
(b) The roadway impact fee per service unit for all service areas shall be adopted, assessed, and
collected in three phases as set forth below:
(1) Phase 1, Effective January 1, 2020
For all property with a recorded plat dated before January 1, 2020, the roadway
impact fees will be assessed as set forth below, but there will be no roadway impact
fees charged for any building permit application dated before January 1, 2021:
1. Residential land uses $ 753 per service unit
2. Non-residential land uses' $ 502 per service unit
b. For all property with a recorded plat dated before January 1, 2020, roadway impact
fees assessed above will be charged for any building permit application dated on or
after January 1, 2021, as follows:
1. Residential land uses $ 753 per service unit
2. Non-residential land uses' $ 502 per service unit
c. For all property with a recorded plat dated after January 1, 2020, but before January
1, 2022, roadway impact fees will be assessed at final plat recordation, and will be
charged as follows:
1. Residential land uses $ 753 per service unit
2. Non-residential land uses' $ 502 per service unit
(2) Phase 2, Effective January 1, 2022
For all property with a recorded plat dated on or after January 1, 2022, but before
January 1, 2024, roadway impact fees will be assessed at final plat recordation, and
will be charged as follows:
1. Residential land uses $ 1,130 per service unit
2. Non-residential land uses' $ 628 per service unit
(3) Phase 3, Effective January 1, 2024
For all property with a recorded plat dated on or after January 1, 2024, roadway
impact fee will be assessed at final plat recordation, and will be charged as follows:
1. Residential land uses $ 1,507 per service unit
2. Non-residential land uses' $ 753 per service unit
(c) The land use vehicle -mile equivalency tables are set forth below:
Schedule 42-505 (c)
Land Use Vehicle -Mile Equivalency Table ("LUMET")
5
Land Use Category
ITE
Land
Use
Code
Development Unit
Trip Gen Pass -Pass
Rate by
(PNO Rate
-by
Source
Trip
Rnte
Trip
Length
(mi)
Adj.
For
O -D
Adj.Trip
Length
(mi)
Max Trip
Length
(mi)
Veh-Mi
Per Dew
Unit
PORT AND TERMINAL
Truck Terminal
030
1,000 SF CFA
1.87
1.87
10.70
501/6
5.35
5.35
10.00
INDUSTRIAL
General Light Industrial
110
1,000 SF GFA
0.63
0.63 1
12.89 1
50%
6.45 1
6.00
378
Industrial Park
130
1,000 SF CFA
0.40
0.40
12.89
501/6
6.45 1
6.00
2.40
Manufacturing
140
1,000 SF CFA
0.67
0.67
12.69
501/6
6.45
6.00
4.02
.................................._..__........................_............-...._............_.
Mini -Warehouse
150
151
--.,,-,1,000 SF CFA
...................._._............................................................................_.................................._........................................................._........................................._...
1,000 SF CFA
0.19
0.17
0.19
0.17
12.89
12.89
501/6
50°/
6.45
6.45
6.00
6.00
1.14
___
1.02
RESIDENTIAL
Single-Fornily Detached Housing
210
Dwelling Unit
0.99
0.99
8.59
501/6
4.30
4.30
4.26
Multifamily Housing (Low -Rise)
220
1 Dwelling Unit
0.56
1
0.56
8.59
501/6
4.30
4.30
2.41
Multifamil44
y,Housin.B...id: Rise) ................ ..........
MultifamilyHousingh-Rise
�_.................Dwellin.&.Unit.................._._0:....................................._................._�:44
222
DwellingUnit
0.36
.........._...,
0.36
8:59....__.....50'/:..............4:30...._.........._4:30....._..
8.59 1
50%
4.30 1
4.30
1.89
1.55
Mobile Home Park/ Manufactured Hom
240
Dwelling Unit
0.46
0.46
8.59
W/o
4.30 1
4.30
1,98
Senior Adult Housing -Detached
251
Dwelling Unit
0.30
0.30
8.59
50%
4.30
4.30
1.29
Senior Adult Housing -Attached
252
Dwelling Unit
0.26
0.26
8.59
50%
4.30
4.30
1.12
Assisted living
254
Beds
0.26
0.26
8.59
50%
4.30
4.30
1.12
LODGING
Hotel
310
Room
0.60
0.60
5.41
501/6
2.71
2.71
1.63
Motel / Other Lodging Facilities
320
Room
0.38
0.38
5.41
501/6
2.71
2.71
1.03
RECRFATIONAL
.(iolfDrivinS,RanSe _ ,__
432
Tee
.
.
.................
0.89
Recreational Community Center
495
1,000 SF CFA
2.31
2.31
6.35 1
50%
3.18
3.18
7.35
Ice Skating Rink
465
1,000 SF CFA
1.33
1.33
6.35 1
501/1
3.18
3.18
4.23
Miniature Golf Course
431
Hole
0.33
0.33
6.35
501/.
3.18
3.18
1.05
Multi IexMovieTheater
445
Screens
13.73
1 1
13.73
6.35
501/6
3.18 1
3.18
43.66
Racquet /Tennis Club
491
Court
3.82
3.82
6.35
501/6
3.18 1
3.18
1215
INSTrrMONAL
Church
560
1,000 SF GFA
0.49
0.49
6.30
50%
3.15
3.15
1.54
Day Care Center
565
1,(100 SF CFA
11.12
44%
B
6.23
3.39
50%
1.70
1.70
10.59
Prima /Middle School 1-8
522
Students
0.17
0.17
3.39
50%
1.70
1.70
0.29
High School
530
Students
0.14
0.14 1
3.39
50%
1.70
1.70
0.24
Junior/ Community College
540
Students
0.11
0.11
3.39
507
1.70
1.70
0.19
University /College
550
Students
0.15
0.15
3.39
501/6
1.70
1.70
0.26
MEDICAL
Clinic
630
1,000 SF CFA
3.28
3.28
6.76
50%
3.38
3.38
11.09
Hospital
610
1,000 SF CFA
0.97
0.97
6.76
501/1
3.38
3.38
3.28
Nursing Home
620
Beds
0.22
0.22
6.76
SrA/o
3.38
3.38
0.74
Animal HospitaVVeterinary Hospital/VeterinaryClinic
640
1,000 SF CFA
3.53
301/6
B
2.47
6.76
501/6
3.38
3.38
8.35
OFFICE
Corporate Headquarters Building
714
1,000 SF GFA
0.60
0.60
6.76
50%
3.38
3.38
2.03
General Office Building
710
1,000 SF GFA
1.15
1
1.15
6.76
50%
3.38
3.38
3.89
Medical -Dental Office Building
720
1 1,000 SF CFA
3.46
3.46
6.76
50%
3.38
3.38
11.69
Single Tenant Office Building
715
1,000 SF CFA
1.71
1.71
6.76
50%
3.38
3.38
5.78
Office Park
750
1,000 SF CFA
1.07
1.07
6.76
501/
3.38
3.38
3.62
COMMERCIAL
Automobile Related
Automobile Care Center
942
1,000 SF CFA
3.11
40%
B
1.87 1
5.41 1
50%
2.71
2.71
5.07
Automobile Parts Sales
843
1,000 SF CFA
4.91
43%
A
2.80 1
5.41
50% 1
2.71
2.71
7.59
Gasoline/Service Station
944
Vehicle Fueling Position
14.03
42% 1
A
8.14
1.20
501/0
0.60
0.60
4.88
Gasoline/Service Station w/ Conv Market and Car Wash
945
Vehicle Fueling Position
13.99
56%
B
6.16
1.20
501/1
0.60
0.60
3.70
New Car Sales
841
1,000 SF CFA
2.43
201/6
B
1.94
5.41
501/1
2.71
2.71
5.26
.......Quick, Lubrication, Vehicle. Shop._ .......... ............ ...... _....................... ....._.
Self -Service Car Wash
..94.1..............
947
Servicing..Positions_.........__4.8.5..........401/6............_8..................
Stall
5.54
401/1
B
2.91................._5.41..........._5(1/1..._
3.32
1.20
501/1
2.71
0.60
171.........
0.60
7.89
1.99
Tire Store
848
1,000 SF CFA
3.98
28%
A
2.87
5.41
50%
2.71
2.71
7.78
Dining
Fast Food Restaurant with Drive-Thru Window
934
1,000 SF CFA
32.67
501/6
A
16.34
3.39
50%
1.70
1.70
2778
Fast Food Restaurant without Drive-Thru Window
Hi h Turnover Sit-DRestaurant
own
933
932
1,000 SF CFA
1,000 SF (FA
28.34
9.77
501/oB
43%
A
14A7
5.57
3.39
5.4I
501/6
50%
1.70
2.71
1.70
2.71
24.09 .
15.09
Quality Restaurant
931
1,000 SF CFA
7.80
44%
A
4.37
5.41
50%
2.71
2.71
11.84
Coffee/Donut Shop with Drive-Thru Window
937
1,000 SF CFA
43.38
70%
A
13.01
1.20
50%
0.60
0.60
7.81
Other Retail
,Free.StandinS,Store _ ...._.......... ................._ ...........
Nurse Carden Center
.815
. _........_
817
1,000.SFCFA
......_... _._ ...
1,000 SF CFA
4.83
_ _..
6.94
30%
....._ .
30%
C ._
B
3.38
4.86 1
6.35
........ .
6.35
501/0
-- _..__.
501/o
3.18
3.18
3.18
_...............
3.18
10.75
15.45
Home Improvement Superstore
862
1,000 SF CFA
2.33
481/6
A
1.21
6.35
501/
3.18
3.18
3.85
Pharmacy/Drugs tore w/o Drive-Thru Window
880
1,000 SF CFA
8.51
53%
A
4.00
6.35
50%
3.18
3.18
_
12.72
Pharmac /Dru store w/ Drive -Thur Window
881
1,000 SF CFA
10.29
49%
A
5.25
6.35
501/o
3.18
3.18
16.70
Shgp.i S Center . _...... ....................................................................
Su errnarket
820
....
850
... 1,000 SF (3A
............................_........_..............._...................,.........,............_.......................................__........_._............................................................._.....................
1,000 SF CFA
3.81
9.24
34%
361/
A
A
2.51
5.91
6.35
6.35
50%
501/6
3.18
3.18
3.18
3.18
7.98
_.__.......
18.79
To /Children's Superstore,
864
1,000 SF CFA
5.00
30%
B
3.50
6.35
501/0
3.18
3.18
11.13
Department Store
875
1,000 SF CFA
1.95
30%
B
1.37
6.35
50%
3.18
3.18
4.36
SERVICES
Walk -In Bank
Drive -In Bank912
911
1,000 SF CFA
Drive-in Lanes
12.13
27.15
401/6
35%
B I7.28
A
17.65
3.39501/1
3.39
501/
1.70
1.70
].70
1.70
12.38
30.01
Hair Salon
918
1,000 SF CiLA
1.45
30%
B
1.02
3.39 1
50%
1.70
1.70 1
1.73
Key to Sources of Pass -by Rates:
A: ITE Trip Generation Handbook 3rd Edition (August 2014)
13: Estimaled by Kimley-Hom based an ITE rales for similar categories
C: ITE rale adjunct! upnardby KHA basedon logical relationship to other categarics
(d) The maximum assessable roadway impact fee per service unit set forth in Schedule 42-505(x)
that is assessed to new development is declared to be the roughly proportionate measure of
the impact(s) generated by a new unit of development on the city's transportation system. To
the extent that the roadway impact fee per service unit collected is less than the maximum
assessable roadway impact fee per service unit, such difference is hereby declared to be
founded on policies unrelated to the measurement of the actual impacts of the development on
the city's transportation system. The maximum assessable roadway impact fee per service unit
may be used in evaluating any claim by an applicant, developer, or property owner that the
dedication, construction, or contribution of a capital improvement imposed as a condition of
development approval pursuant to the city's regulations is not roughly proportionate to the
impact(s) of the new development on the city's transportation system.
(e) Except as herein otherwise provided, the payment 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 new development.
Sec. 42-506. Assessment of Roadway Impact Fees.
(a) Assessment of the roadway impact fee per service unit for any new development shall be made
as set forth in Section 42-505(b).
(b) Following assessment of the roadway impact fee pursuant to Subsection (a), the amount of the
roadway impact fee assessed per service unit for that new 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 replat approval, in which case new assessment shall occur
at the rate then in effect, as set forth in Section 42-505(b).
(c) Following the vacating of any plat or submittal of any replat, a new assessment must be made
in accordance with the then current impact fee as set forth in Section 42-505(b).
(d) Approval of an amending plat pursuant to Texas Local Government Code § 212.016 is not
subject to reassessment of a roadway impact fee hereunder provided that the use of the
property remains the same.
(e) The Director of Transportation shall compute the assessment of roadway impact fees for new
development by first determining whether the new development is eligible for offsets calculated
in accordance with Section 42-508, which would further reduce roadway impact fees otherwise
due in whole or in part.
Sec. 42-507. Payment and Collection of Roadway Impact Fees.
(a) For all new developments, roadway impact fees shall be collected at the time of application for
and in conjunction with the issuance of a building permit. The roadway impact fees to be paid
and collected are listed in Section 42-505(b). The city reserves the right to enter into an
agreement with a developer for a different time and manner of payment of roadway impact fees
in which case the agreement shall determine the time and manner of payment.
(b) The city shall compute the roadway impact fees to be paid and collected for the new
development in the following manner:
(1) Determine the number of development units for each land use category in the new
development using Schedule 42-505(c) then in effect.
(2) Multiply the number of development units for each land use category in the new
development by the vehicle miles (per development unit) for each such land use category
also found in Schedule 42-505(c) then in effect to determine the number of service units
attributable to the new development.
(3) The amount of roadway impact fees to be collected shall be determined by multiplying the
number of service units for the new development by the roadway impact fee per service
unit for the applicable roadway service area and shall be calculated at the time of
application for and in conjunction with the issuance of a building permit.
(4) If an agreement as described in Section 42-508 providing for offsets exists, the amount of
the offsets shall be deducted from the roadway impact fees as calculated above.
(c) If the building permit for which a roadway impact fee has been paid has expired, and a new
application is thereafter filed, the roadway impact fees shall be computed using the LUVMET
found in Schedule 42-505(c) and Section 42-505(b) then in effect with credits for previous
payment of fees being applied against any new fees due.
(d) Whenever the property owner proposes to increase the number of service units for a
development, the additional roadway impact fees collected for such new service units shall be
determined by using the LUVMET and Section 42-505(b) then in effect, and such additional
fees shall be collected at the times prescribed by this Section.
(e) Where an application for a building permit is for a "shell' or speculative building on a parcel
zoned C-1, C -1a, or C-2, the amount of the roadway impact fee will be calculated assuming
that the entire building will be used as a "Shopping Center" as shown on Schedule 42-505 (c).
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 "Shopping Center'.
(f) Where an application for a building permit is for a "shell" or speculative building on a parcel
zoned OF or OF -2, the amount of the roadway impact fee will be calculated assuming that the
entire building will be used as a "General Office Building" as shown on Schedule 42-505 (c).
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 "General Office Building".
(g) Where an application for a building permit is for a "shell" or speculative building on a parcel
zoned LI or I, the amount of the roadway impact fee will be calculated assuming that the entire
building will be used as "Warehousing" as shown on Schedule 42-505 (c). 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 "Warehousing".
Sec. 42-508. Offsets against Roadway Impact Fees.
(a) The City may offset the cost of 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 offset 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) Projects that consist of multiple phases, whether approved before or after the effective date
of this Article, may apply for offsets against roadway impact fees for the entire project based
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upon improvements or funds toward construction of system facilities, or other roadway
capital improvements supplying excess capacity. Offset shall be determined by comparing
the actual 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 offset determination shall be incorporated within
an agreement for offsets, in accordance with this Article. The roadway requirements of an
agreement for offsets shall not be less than what is required by the Zoning and
Development Code.
(3) The City's then 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 fees
assessed against new development under Schedule 42-505(a). Construction required
under such policies and regulations shall be an offset against the amount of impact fees
otherwise due. If the costs of constructing a system facility in accordance with the then
current City policies and regulations are greater than the amount of the roadway impact
fees due, the amount of the credit due shall be deemed to be 100% of the assessed impact
fees and no roadway impact fees shall be collected thereafter for the development, unless
the number of service units is subsequently increased.
(4) All offsets 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 offset shall be given for the dedication or construction of site -related facilities
b. No offset 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 Transportation Master Plan and the City agrees that such improvement supplies
capacity to new development other than the development paying the roadway impact
fee and provisions for offsets are incorporated in an agreement for offsets pursuant to
this Article.
c. In no event will the City grant an offset when no roadway impact fees can be collected
pursuant to this Article or for any amount exceeding the roadway impact fees due for
the new development, unless expressly agreed to by the City in writing.
d. The value of right of way dedicated for site related facilities will not be considered for
an offset.
e. The fair market value of right of way conveyed for roadway facilities that are not
required by the new development will be entitled to an offset. If said roadway facilities
are partially required by the new development, said portion shall not be entitled to an
offset. The fair market value of the conveyed right of way will be determined by either:
1. the appropriate Central Appraisal District,
2. by agreement, or
3. by a MAI appraisal obtained by the City.
f. If the City requires a Traffic Impact Analysis (711) the cost of said TIA shall be
included as an offset.
g. 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 impact fees due for the development, in
accordance with policies and rules established by the City. The amount of any offset
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for construction of a system facility shall be reduced by the amount of any participation
funds received from the City.
h. 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
Section 42-505(b) for those units of development for which building permits already
have been issued;
2. Any remaining funds shall be credited against roadway impact fees due for the
development under Section 42-505(b) at the time building permits are issued.
(b) Except as provided below, offsets for construction of capital improvements shall be deemed
created when the capital improvements are completed and the City has accepted the facility.
In the case of capital improvements constructed and accepted prior to the January 1, 2020,
offset shall be deemed created on said date. Offsets created on or before January 1, 2020 shall
expire ten (10) years from such date. Offsets created after January 1, 2020 shall expire ten
(10) years from the date the offset was created. Upon application by the property owner, the
City may agree to extend the expiration date for an offset on mutually agreeable terms.
(c) Unless an agreement for offsets, as described herein, is executed providing for a different
manner of applying offsets against roadway impact fees due, an offset 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 roadway impact fees due until the offset is exhausted.
(d) An owner of 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 offsets 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
offset due and any reduction in offsets 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 offsets be proportionally allocated among the phases.
If authorized by the City, the agreement also may provide for allocation of offsets among new
developments within the project, and provisions for the timing and collection of roadway impact
fees.
Sec. 42-509. Use of proceeds of roadway impact fees.
(a) The roadway impact fees collected within each roadway service area may be used to finance,
pay for or to recoup the costs of any roadway facility identified in the roadway improvements
plan for the roadway service area, including 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), and amounts designated in any reimbursement
agreements executed pursuant to Section 42-508.
(b) Roadway impact fees maybe used to pay for the contract services of an independent qualified
engineer or financial consultant preparing or updating the roadway improvements plan who is
not an employee of the political subdivision.
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(c) Roadway impact fees also may 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 improvement.
Sec. 42-510. Impact Fee as Additional and Supplemental Regulation.
Roadway impact fees established by this Article 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 roadway impact fees are intended to be consistent with
and to further the policies of the Round Rock 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.
Sec. 42-511. Appeals.
(a) The property owner or applicant for anew development may appeal the following administrative
decisions to the city council:
(1) The applicability of an impact fee to the new development;
(2) The amount of the roadway impact fee due;
(3) The availability of, the amount of, or the expiration of an offset;
(4) The application of an offset against a roadway impact fee due;
(5) The amount of the roadway impact fee in proportion to the benefit received by the new
development; or
(6) The amount of a refund due, if any.
(b) The appellant shall state the basis for the appeal in writing with particularity. The burden of
proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the
offset was not calculated according to the rules set forth in this Article or by administrative
guideline adopted by the city council. The appellant shall submit any traffic study or other
documents upon which he relies to the city with the request for appeal.
(c) The appellant must file a notice of appeal with the city clerk within 30 days following the
decision. If the notice of appeal is accompanied by a bond or other sufficient surety with offices
for local presentment in a form satisfactory to the city attorney in an amount equal to the original
determination of the roadway impact fee due, the development application may be processed
while the appeal is pending.
(d) Along with the notice of appeal, an applicant may request an alternative service unit
computation for land uses not contained within 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.
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(e) The city manager or his/her designee may (1) resolve the appeal, if the appellant agrees with
the manager's decision, or (2) if the appellant does not agree, refer the matter to the City
Council for decision, along with the Manager's recommendation and any trip generation study
provided, if any.
(f) If city council review is requested by the appellant after receiving the city manager's decision,
the city clerk 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 appellant.
(g) If the notice of appeal is accompanied by a payment or other bond or other sufficient surety
with offices for local presentment in a form satisfactory to the city attorney in an amount equal
to the original determination of the roadway impact fee due, 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.
(h) If the city council allows for a different amount of the roadway impact fee due for 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 roadway impact fee to the account for the service area
in which the new development is located.
(i) The appellant shall promptly pay to the city the full amount of the roadway impact fee
determined to be due by the city council regarding such appeal. Failure to promptly pay such
roadway impact fee within five business days after the city council's determination on the
appeal shall serve as authority for the city to present the bond or other surety to the bonding
company or financial institution for performance with no other or further notice or contact with
the appellant.
0) The appellant shall bear all costs of the appeal.
Sec. 42-512. Refunds.
(a) Any roadway impact fee or portion thereof collected pursuant to this Article which has not been
expended within the applicable roadway service area for an authorized purpose within ten years
from the date of payment shall be refunded, upon application, to the record owner of the property
at the time the refund is paid or, if the roadway 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 § 302.002 of the Texas Finance Code or
its successor statute. The application for refund pursuant to this Section shall be submitted in
writing within 60 days after the expiration of the ten-year period for expenditure of the fee. A
roadway impact fee shall be considered expended on a first -in, first -out basis.
(b) A roadway impact fee collected pursuant to this Article shall be considered expended if the total
expenditures for capital improvements authorized in Section 42-509 within the roadway service
area within ten years following the date of payment exceed the total fees collected for such
improvements during that time period.
(c) If a refund is due pursuant to Subsections (a) or (b), the city shall prorate the refund by dividing
the difference between the amount of expenditures and the amount of the fees collected by the
total number of service units assumed within the roadway 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 new development for which
the fee was paid, and interest due shall be calculated upon that amount.
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(d) 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, refund the amount of the roadway impact fee
to the applicant. The city may establish guidelines for refunding of roadway impact fees collected
for which construction plans have been abandoned.
Sec. 42-513. Relief Procedures.
(a) Any person who has paid a roadway impact fee or an owner of land upon which a roadway
impact fee has been paid may petition the city council to determine whether any duty required
by this Article has not been performed within the time so prescribed. The petition shall be in
writing, filed with the City Clerk, and shall state the nature of the unperformed duty and request
that the act be performed within 60 days of the request. If the city council determines that the
duty is required, pursuant to this Article 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 or waiver from any requirement of this Article, upon
written request by a developer or owner of property subject to the ordinance, 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 or waiver to the amount of the roadway impact fee due for
a new development under this Section, it may cause to be appropriated from other city funds
the amount of the reduction in the roadway impact fee to the account, for the roadway service
area, in which the property is located.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed, considered and formally
acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
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READ and APPROVED on first reading this the day of
ftVW—h , 2019.
READ, APPROVED and ADOPTED on second reading this the � day of
MJV4I , 2019.
ATTEST:
SARA L. WSYfAL—.
ITE, City Clerk
Xm/
CRAIG PORGMayor
Ptk,City of Round Texas
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