(a)
Purpose.
The purpose of the water and wastewater impact fees is to generate revenue for funding or recouping the cost of capital improvements or facility expansions necessitated by and attributable to new development.
(b)
Applicability.
This division shall be applicable uniformly to new development which occurs within the water and wastewater service areas. For new development which occurs within the boundaries of the city's wholesale customers or other political subdivisions, the applicability and terms for the assessment and collection of the impact fees shall be defined by agreement.
(c)
Authority.
This division is adopted pursuant to the authority of the Texas Local Government Code Annotated, chapter 395 (Vernon 1988), hereinafter to be known as the Texas Impact Fee Act. The provisions of this division shall not be construed to limit the power of the city to adopt impact fees or other appropriate development fees pursuant to any other source of local authority nor to limit the utilization of any other methods or powers otherwise available for accomplishing the purposes set forth herein.
(d)
Development approval.
No application for new development shall be approved by the city without assessment of impact fees pursuant to this division, and no application for building permit shall be approved until the applicant has paid the impact fees imposed by and calculated hereunder.
(e)
Exemption of public school districts.
The provisions of this division shall not be imposed on and applied to any public school district located within the corporate limits of the city.
(f) Assessment. Building permit. Capital improvement. Director. Economic development project. Existing development. Final plat. Growth-related costs.(1) (2) (3) (4) (5) (6) Impact fee. Impact fee capital improvements plan. Land use assumptions. New development. Service area. Service unit. Site-related facility. Tap excavation permit. Wastewater facility. Water facility. Wholesale customers.
Definitions.
As utilized in this division, the following terms shall have the meanings ascribed to them hereinbelow:
A determination of the amount of the impact fees per service unit in effect on the date of occurrence established for same in this division, and is the maximum amount that can be charged per service unit of development.
The filing with the city of a written application for the building of an eligible structure and the acceptance of any applicable fees therefor by the city.
Water storage, pumping, and transmission facilities and wastewater pumping and interceptors owned and operated by or on behalf of the city having a life expectancy of three or more years.
The director of the city community-owned utilities or his designee.
A new development project which has been designated an economic development project by the city council and which has received any one of the following:
The expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.
The map, drawing or chart on which is provided a subdivider's plan of a subdivision which has received final approval by the planning commission or city council and which is recorded with the county map records department. This term also includes replats, minor plats, and amended plats when such plats result in a new or increased demand on the water system. The term does not include any approved preliminary plat, site plan, or concept plan.
Capital construction cost of service related to providing additional water and wastewater capacity to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities. Growth-related costs do not include:
Construction, acquisition or expansion of public facilities or assets other than capital improvements or facilities expansions identified in the capital improvements plan;
Repair, operation or maintenance of existing or new capital improvements or facilities expansions;
Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
Upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development;
Administrative and operating costs of the city; and
Principal payments and interest or other finance charges on bonds or other indebtedness except for such payments made with respect to growth-related facilities identified in the impact fee capital improvements plans.
The water and/or wastewater fees imposed upon new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by or attributable to new development. The term does not include dedication of site-related water distribution or wastewater collection facilities required by other ordinances or the city code.
The plan that identifies the water and/or wastewater capital improvements or facilities expansions and the associated costs for which impact fees may be assessed.
A description of the service area and projections of changes in land uses, densities, intensities and population in the service area over at least a ten-year period as adopted and amended from time to time by the city.
The subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land, any of which increases the number of service units for water and wastewater service. "New development" also includes the sale of water or wastewater connections resulting from the conversion of an individual well or septic or other individual waste disposal system to the city's water or wastewater utility.
An area(s) within the corporate limits and extraterritorial jurisdiction of the city to be served by the water and wastewater capital improvements or facilities expansions specified in the impact fee capital improvements plans adopted herein.
A standardized measure of consumption, use, generation or discharge attributable to an individual living unit equivalent (LUE) of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions. For water and wastewater facilities, the service unit shall constitute the basis for establishing equivalency within various customer classes based upon the relationship of the continuous duty maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous duty maximum flow rate in gallons per minute for a three-fourth-inch diameter, full-bore simple water meter using American Water Works Association C700-C703 standards.
An improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water and wastewater facilities to serve the new development and which is not included in the impact fee capital improvements plans and for which the developer or property owner is solely responsible under subdivision and other applicable regulations.
The filing with the city of a written application for the excavation for a water or wastewater tap and the acceptance of any applicable fees therefor by the city.
A capital improvement or facility expansion for providing wastewater service, including but not limited to land or easements, lift stations, and interceptor mains. The term "wastewater facilities" does not include dedication of easements or rights-of-way or easements or construction or dedication of on-site wastewater collection facilities required by valid ordinances of the city and necessitated by and attributable to new development.
Improvements for providing water service, including but not limited to land or easements, water supply facilities, treatment facilities, pumping facilities, storage facilities or transmission mains. The term "water facilities" does not include dedication of rights-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the city and necessitated by and attributable to new development.
Water or wastewater customers of the city's water and/or wastewater utilities which purchase such utility service at wholesale for resale to their retail customers.
(2002 Code, sec. 10.1201; Ordinance 2006-07-23 adopted 7/10/06)