For purposes of this chapter, the following terms are defined as follows:
Civil engineering plans.
The construction plans for improvements required by Subdivision Regulation Ordinance 94-08-19, as it presently exists or may be amended, and other applicable ordinances, that are reviewed by the city engineering department.
Final acceptance.
Acceptance by the City of Frisco of all improvements, franchise utilities, grading and erosion control following the inspections required by Subdivision Regulation Ordinance 94-08-19, sec. 7-13, as it presently exists or may be amended.
Property.
Any real property that is the subject of any development activity, subdivision or permit application.
Utility fee.
The fee established by section 94-271 of this chapter.
Utility line.
Any line, wire, cable, fiber, etc., regardless of the material made of, used to provide utility services, including but not limited to electric, telephone, voice, gas, television, cable, telecommunication, data and internet, but excluding electrical distribution lines greater than 60,000 volts.
Utility zone.
The areas designated as utility zones by section 94-272 of this chapter.
Editor's note-Subdivision RegulationOrdinance 94-08-19, referenced above, is not set out in this Code, but is on file and available for inspection in the office of the city secretary.
(Ordinance 06-10-106, sec. 2, adopted 10/3/06)
The property owner shall pay a fee equal (per net acre as set forth in the final plat approved by the property by the city) as follows:
Zone
Utility Fee
One
$3,075.00
Two
$3,164.00
Three
$4,125.00
Four
$3,518.00
(Ordinance 06-10-106, sec. 3, adopted 10/3/06)
The city is hereby divided into utility zones as set forth on the map attached to Ordinance No. 06-10-106 as Exhibit "A" and incorporated as if fully set forth herein.
(Ordinance 06-10-106, sec. 4, adopted 10/3/06)
All utility fees collected from each utility zone shall be placed in an account clearly identifying the utility zone from which the utility fee was collected. Funds contained in a utility zone account may only be expended within the utility zone for which the account was established.
Funds contained in a utility zone account shall be used to pay for the burying of utility lines and costs related to the burying of utility lines, including but not limited to design, engineering, construction, and obtaining construction easements and right-of-way, located within the utility zone from which the utility fees were collected. The city shall determine the order in which utility lines will be buried and when they will be buried based upon factors such as, the amount of development that has occurred in the utility zone, the amount of and timing of development still expected to occur in the utility zone, the location of existing underground conduits, information received from utility companies regarding future plans for additional utility lines, including network lines, and/or the amount of boring necessary to bury a section of utility line.
(Ordinance 06-10-106, sec. 5, adopted 10/3/06)
The utility fee assessed in accordance with section 94-271 of this chapter, must be paid prior to the final acceptance by the city of the improvements made to the property in accordance with the civil engineering plans.
(Ordinance 06-10-106, sec. 6, adopted 10/3/06)
If at the time of final acceptance of the improvements made in accordance with the civil engineering plans for the property all utility lines required to be included in the quote or estimate to bury have been placed underground, the assessed utility fee will be waived and not collected.
(Ordinance 06-10-106, sec. 7, adopted 10/3/06)
(a) 
Applicability.
A request for a variance from the amount of utility fee owed or the application of this section may be filed pursuant to this section. However, the appeal process provided by this section shall not be available for criminal violations of this section.
(b) 
Variance request/appeal to city manager.
A property owner may appeal decisions made by the city staff pursuant to this section by filing a written appeal with the city manager within ten business days of being notified of the decision of the city staff. A property owner may request a variance in regards to the requirements of this section by filing a written request for a variance with the city manager within ten business days of being notified of the amount of utility fee assessed pursuant to this section. An appeal filed pursuant to this section shall specifically state the basis for the aggrieved party's challenge to the city's authority under this section and the basis for such assertion. A request for variance filed pursuant to this section shall specifically state the nature of the variance to the utility fee requested and the basis thereof. All information that the requestor desires to be considered by the city manager, or his/her designee, in reviewing the appeal or request for variance should be submitted with the written appeal or request for variance.
(c) 
Issuance of decision by city manager.
Decisions of the city manager shall be issued within 14 business days of receipt of the written appeal or request for variance.
(d) 
Appeal to city council.
A property owner may appeal a decision regarding an appeal or request for variance of the city manager to the city council by filing a written appeal within ten business days of the date of the city manager's decision is issued. If reasonably possible, and to the extent allowed by law, an appeal to the city council will be placed on the city council's next regularly scheduled meeting for determination. A decision made by the city council is final.
(e) 
Factors to be considered by city manager and city council.
The following factors, among others, may be considered by the city manager, or his/her designee, and the city council in hearing an appeal or request for variance:
(1) 
Variances:
i. 
Whether the topography or sub-surface of the property affects the ability to bury utility lines;
ii. 
Whether a utility company has future plans to install an overhead system line(s) 60,000 volts or greater;
iii. 
Whether literal enforcement of this section would result in materially different treatment of the property owner compared to similarly situated property owners in the city or extreme hardship;
iv. 
Information considered by the city staff in making an assessment of the amount of utility fee;
v. 
Whether the property owner is a political subdivision of the State of Texas funded by tax dollars; and/or
vi. 
Any other information deemed relevant to the request or necessary to make a decision by the city manager, or his/her designee, or the city council.
(2) 
Appeals:
i. 
Whether the topography or sub-surface of the property affects the ability to bury utility lines;
ii. 
Whether a utility company has future plans to install an overhead system line(s) 60,000 volts or greater;
iii. 
Whether literal enforcement of this section would result in materially different treatment of the Property owner compared to similarly situated property owners in the city or extreme hardship;
iv. 
Information considered by the city staff in making an assessment of the amount of utility fee;
v. 
Whether the property owner is a political subdivision of the State of Texas funded by tax dollars; and/or
vi. 
Any other information deemed relevant to the request or necessary to make a decision by the city manager, or his/her designee, or the city council.
(Ordinance 06-10-106, sec. 8, adopted 10/3/06)
Any person, firm, corporation, or business entity violating this section, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of $500.00, unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of $2,000.00. Each continuing day's violation under this section shall constitute a separate offense. The penal provisions imposed under this section shall not preclude [the city] from filing suit to enjoin the violation. [The city] retains all legal right and remedies available to it pursuant to local, state, and federal law.
(Ordinance 06-10-106, sec. 9, adopted 10/3/06)