Rough Porportionality Methodology
Rough Porportionality Methodology
In 2003, the Texas Supreme Court ruled that local governments “cannot condition approval of a development project on the developer contributing to infrastructure improvements to a degree greater than the impact the project will have on that infrastructure”. In 2005, the Texas Legislature passed House Bill 1835, which amended the Local Government Code to establish formal procedures for meeting this requirement.
House Bill 1835 states that “if a municipality requires, as a condition of approval for a property development project, that the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, and/or the payment of construction costs, the developer’s portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development.”
Currently, City of Austin and Travis County staff enters information regarding the development into an excel modeling progra, that generates the developer’s roughly proportionate share of transportation investments.
In the summer 2011, Travis County and City of Austin staff recommended to the Travis County Commissioners and Austin City Council members, respectively, that the County and City enter into an agreement to jointly commission a study to develop new methodology for use when determining rough proportionality analyses for transportation investments.
On July 5, 2011, County Judge Sam Biscoe signed an Interlocal Agreement after the Travis County Commissioners voted to approve it. On August 8, 2011, City of Austin City Manager Marc Ott signed the agreement after the Austin City Council voted to approve it.
The agreement states that the City of Austin will pay $50,000 for the consultant work and that Travis County will reimburse the City for $25,000.
The total project planning area is the City of Austin, its extraterritorial jurisdiction, and the areas of Travis County that are not otherwise incorporated by municipalities.
December 2011 Update
On Thursday, December 15, 2011, the Austin City Council authorized execution of the consultant work contract with Kimley-Horn & Associates, Inc., a firm that completed a similar project for the City of San Antonio. According to the scope of services, the consultants will research and review how the Travis County and the City currently manage the development review process, specifically as it relates to off-site roadway infrastructure and right-of-way dedication requirements for developers.
