(a)
The city engineer is instructed to identify the capital improvements
and facilities expansion needed for the expansion of the stormwater
drainage and flood facilities in the city and submit to the city council
a capital improvements plan which shall include the calculation of
an impact fee recommended [to] be charged against each service unit
to be served by the expanded improvements, at which time the city
council will proceed with formal adoption of such recommended plan.
(b)
(1)
Pending the adoption of an impact fee for the expanded stormwater drainage and flood facilities serving the city, a temporary fee as provided for in the fee schedule in appendix A of this code shall be charged against all new development under a contract with the developer/owner which will allow the refund of any sums in the event the impact fee to be adopted under this article is less than the temporary fee. The owner/developer will pay any additional costs in the event the impact fee to be adopted under this article is more than the temporary fee.
(2)
Tracts containing more than one acre may be developed in increments
of not less than one acre and the fees paid only for the acreage being
developed. Unless the tract being developed is the last tract of a
larger parcel, any tract for which application for this exception
is made containing one acre plus a fraction must pay the fee for the
first acre and a full acre or any fraction thereof.
(3)
The owner or developer of any new development occurring on a tract of land larger than one acre may elect to limit the amount of acreage for which a fee is paid by preparing a plat of the property on which the new development is located, but not less than one acre, and showing the balance of the acreage. For so long as the new development does not exceed the boundaries of the limited area, the owner or developer shall not be required to pay the required fee for the balance of the tract. No owner or developer may use the surface of a tract for which the fee required hereunder has not been paid for any use related to the new development whether or not such use is temporary or permanent. An owner or developer using any portion of the remainder of a tract for which the fee has not been paid in violation of this article shall be deemed guilty of a misdemeanor and upon conviction may be fined in accordance with the general penalty provision found in section 1.01.009 of this code for each day the offense occurs.
(c)
Notwithstanding the requirements of subsection (b) above, an owner/developer creating new development may elect to retain on his property the additional runoff created by the new development. An owner/developer making such election shall present to the city engineer for approval a stormwater development plan meeting all of the requirements, enforced by any governmental entity, for stormwater runoff. A plan so approved and implemented shall exempt the property covered by the approved plan from the fee requirements of this article.
(d)
Before any new development is approved or permitted after the adoption
of this article, the owner/developer shall first have entered into
an agreement with the city under this article and shall have deposited
the required fee or have approved and constructed a stormwater plan
for the new development.
(e)
All fees generated by this article shall be held in a special account
and not available for any purpose other than the expansion of the
stormwater drainage and flood facilities serving the city as recommended
by the city engineer and adopted by the city council.
(1999 Code, art. 9.1200)
