§ 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.