§ 25-6-23. PROPORTIONALITY OF REQUIRED INFRASTRUCTURE.

(A)

If the City requires an applicant to dedicate right-of-way, construct or fund system transportation improvements, or dedicate right-of-way beyond the boundaries of a development, the applicant's costs may not exceed the amount required for infrastructure improvements that is roughly proportionate to the proposed development as determined by a professional engineer licensed under Chapter 1001, Occupations Code, and retained by the City.

(B)

The director shall issue a written determination of an applicant's roughly proportionate share of infrastructure costs attributable to a proposed development prior to approval of an application for which dedication or reservation of right-of-way or the construction or funding of system transportation improvements is required. A determination issued under this section:

(1)

need not be made to a mathematical certainty, but is intended to be used as a tool to fairly assess the roughly proportionate impacts of a development based on the level of transportation demand created by a proposed development relative to the capacity of existing public infrastructure;

(2)

shall be completed in accordance with generally recognized and approved measurements, assumptions, procedures, formulas, and development principles; and

(3)

shall state the roughly proportionate share to the property owner for the dedication and construction of transportation-related improvements necessary to ensure an effective and safe transportation system that is sufficient to accommodate the traffic generated by a proposed development.

(C)

If a proposed development is subject to a proportionality determination under this section, the director shall identify in writing all infrastructure improvements required in conjunction with approval of the development application. The infrastructure improvements may include right-of-way dedication or reservation, the construction or funding of system improvements, or any combination thereof, in an amount not to exceed the total infrastructure costs attributable to the proposed development as established by the proportionality determination.

(D)

To aid in making a proportionality determination and identifying required infrastructure improvements, the director may:

(1)

adopt administrative guidelines establishing requirements for:

(a)

conducting a traffic impact analysis and neighborhood traffic analysis under Article 3 ( Traffic Impact Analysis and Mitigation ); and

(b)

funding or constructing system transportation improvements required under Section 25-6-101 ( Mitigation of Transportation Impacts ); and

(2)

if an applicant contests the director's proportionality determination under this section, require an applicant to provide:

(a)

a transportation impact analysis, regardless of whether one is required under Section 25-6-113 ( Traffic Impact Analysis Required );

(b)

a neighborhood traffic analysis, regardless of whether one is required under Section 25-6-114 ( Neighborhood Traffic Analysis Required ); or

(c)

other information related to the traffic and safety impacts of a proposed development.

Source: Ord. No. 20170302-077 , Pt. 3, 3-13-17.