This article shall be known and cited as the “Glenn Heights Roadway Impact Fees Article.”
(Ordinance 765-03 adopted 9/16/03)
This article is intended to assure the provision of adequate roadway facilities to serve new development in the city by requiring each development to pay its share of the costs of such improvements necessitated by and attributable to such new development.
(Ordinance 765-03 adopted 9/16/03)
This article is adopted pursuant to Texas Local Government Code chapter 395 and the city charter. The provisions of this article shall not be construed to limit the power of the city to utilize all powers and procedures authorized under chapter 395, or other methods authorized under state law or pursuant to other city powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this article. Guidelines may be developed by ordinance, resolution, or otherwise to implement and administer this article.
(Ordinance 765-03 adopted 9/16/03)
Assessment.
The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this article. The amount of the impact fee per service unit is a measure of the traffic impact on system facilities created by the new development.
Capital improvement.
A roadway facility with a life expectancy of three (3) or more years, to be owned and operated by or on behalf of the city. Capital improvement applies to a newly constructed roadway facility or to the expansion of an existing roadway facility.
Credit.
The amount of the reduction of an impact fee arising from payments made for a capital improvement included in the Roadway Improvements Plan and made prior to the effective date of this article (September 16, 2003).
Final plat approval or approval of a final plat.
The point at which the applicant has complied with all conditions of approval and the plat has been released for filing with Dallas or Ellis County, whichever may be applicable.
Final plat recordation or recordation of a final plat.
The point at which the applicant has complied with all conditions precedent to recording an approved final plat in Dallas or Ellis County, whichever may be applicable, including any infrastructure or other improvements required by the finance or any other ordinance.
Impact fee.
A roadway facilities fee.
Land use assumptions.
The projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the city, as may be amended from time to time, upon which the roadway improvement plan is based.
New development.
A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of land, which has the effect of increasing the requirements for capital improvements, measured by the number of service units to be generated by such activity, and which requires either the approval and filing with Dallas or Ellis County, whichever may be applicable, of a plat pursuant to the city’s subdivision regulations or the issuance of a building permit.
Offset.
The amount of the reduction of an impact fee designed to fairly reflect the value of system facilities or other capital improvements pursuant to rules herein established or council-approved administrative guidelines, provided by a developer pursuant to the city’s subdivision regulations or requirements.
Roadway.
Any freeway, expressway, principal or minor arterial or collector roadways designated in the city’s adopted thoroughfare plan, as may be amended from time to time. Roadway does not include any roadway designated as a numbered highway on the official federal or state highway system, but may include the city’s share of costs for roadways and associated improvements designated on the federal or state highway system, including matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances, and rights-of-way.
Roadway facility.
An improvement or appurtenance to a roadway which includes, but is not limited to, rights-of-way, whether conveyed by deed or easement; intersection improvements; traffic signals; turn lanes; drainage facilities associated with the roadway; street lighting or curbs. Roadway facility also includes any improvement or appurtenance to an intersection with a roadway officially enumerated in the federal or state highway system. Roadway facility excludes those improvements or appurtenances to a roadway which are site-related facilities.
Roadway facilities fee.
A fee imposed on new development by the city pursuant to this article in order to fund or recoup the costs of capital improvements necessitated by and attributable to such new development. Roadway facilities fees do not include the dedication of rights-of-way or easements for such facilities or the construction of such improvements. Roadway facilities fees also do not include road escrow payments for site-related facilities imposed under facility agreements in existence on the effective date of this article (September 16, 2003).
Roadway improvements plan.
The adopted plan, as may be amended from time to time, which identifies the capital improvements and their costs for each roadway benefit area, which are necessitated by and which are attributable to new development within the benefit area, for a period not to exceed 10 years, which are to be financed in whole or in part through the imposition of road facilities fees pursuant to this article.
Roadway service area.
The geographic area within which roadway facilities fees for capital improvements will be collected for new development occurring within such area, and within which fees so collected will be expended for those capital improvements identified in the roadway improvements plan to be located within the roadway benefits area. Roadway service area does not include any land outside the city limits and shall not exceed six (6) miles.
Recoup.
To reimburse the city for capital improvements which the city has previously installed or caused to be installed.
Service unit.
A vehicle mile in the p.m. peak hour of traffic, as set forth in the equivalency table contained at page III-14 of the roadway capital improvements plan, as maintained on file in the office of the city secretary, which serves as the standardized measure of consumption or use of roadway facilities attributable to a new development.
Service unit equivalent.
The amount of a capacity created by contribution of a capital improvement in behalf of a new development, expressed in vehicle miles.
Single-family residential lot.
A lot platted to accommodate a single-family or duplex dwelling unit, as authorized under the city’s zoning regulations.
Site-related facility.
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 roadway facilities to serve the new development, and which is not included in the roadway improvements plan and for which the developer or property owner is solely responsible under subdivision and other applicable regulations.
System facility.
A capital improvement which is designated in the roadway improvements plan and which is not a site-related facility. System facilities may include a capital improvement which is located offsite, within, or on the perimeter of the development site.
(Ordinance 765-03 adopted 9/16/03)
The provisions of this article apply to all new developments within the corporate boundaries of the city. The provisions of this article apply uniformly within each roadway benefit area.
(Ordinance 765-03 adopted 9/16/03)
(a) 
Maximum impact fees per service unit for each roadway benefit area shall be as set forth in schedule 1, attached to Ordinance 765-03 and made a part of this article by reference.
(b) 
The impact fee per service unit which is to be paid by each new development within a roadway benefit area shall be as set forth in schedule 2 attached to Ordinance 765-03 and made a part of this article by reference.
(c) 
Impact fee schedules 1 and 2 may be amended from time to time by ordinance.
(Ordinance 765-03 adopted 9/16/03)
(a) 
Assessment of the impact fee for any new development shall be made as follows:
(1) 
For land which is unplatted at the time of application for a building permit, or for a new development which received final plat approval prior to or on the effective date of this article (September 16, 2003) and for which no replatting is necessary pursuant to the city’s subdivision regulations prior to development, assessment of impact fees shall occur at the time application is made for the building permit, and shall be the amount of the maximum impact fee per service unit as set forth in schedule 1 then in effect.
(2) 
For a new development which is submitted for approval pursuant to the city’s subdivision regulations after the effective date of this article (September 16, 2003), or for which replatting results in an increase in the number of service units after such date, assessment of impact fees shall be at the time of final plat recordation, and shall be the amount of the maximum impact fee per service unit as set forth in schedule 1 then in effect.
(b) 
Following assessment of the impact fee pursuant to subsection (a), the amount of the impact fee assessed per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval, in which case new assessment shall occur at the schedule 1 rate then in effect.
(c) 
Following the vacating of any plat or submittal of any replat, a new assessment must be made in accordance with subsection (a)(2).
(d) 
Approval of an amending plat pursuant to V.T.C.S., Local Government Code, section 212.016, is not subject to reassessment for an impact fee.
(Ordinance 765-03 adopted 9/16/03)
(a) 
For all new developments, impact fees shall be collected at the time of application for a building permit. The impact fees to be paid and collected are listed in schedule 2. The city may enter into an agreement with a developer for a different time and manner of payment of impact fees, in which case the agreement shall determine the time and manner of payment.
(b) 
The city shall compute the impact fees for the new development in the following manner:
(1) 
The number of service units attributable to the new development first shall be determined by using the equivalency table contained at page III-14 of the roadway capital improvements plan, attached to Ordinance 765-03 and incorporated by reference herein as exhibit B. The number of service units attributable to the new development shall be reduced by any allowable offsets or credits for roadway facilities, by determining the number of service unit equivalents resulting from the offset or credit and subtracting such number from the total number of service units for the project, in the manner provided in section 10.03.009.
(2) 
The number of development units shall be determined by dividing the net number of service units by the number of service units per development unit shown on the equivalency table, as contained on page III-14 of the roadway capital improvements plan, as maintained on file in the office of the city secretary.
(3) 
The amount of impact fees to be collected shall be determined by multiplying the number of development units for the project by the impact fee per development unit for the roadway benefit area using schedule 2.
(4) 
For single-family and duplex residential developments, the total amount of the impact fees for the new development shall be calculated at time of application of a building permit. For other residential and all nonresidential developments, the total amount of the impact fees for the new development shall be calculated after submittal of an application for a building permit and attached to the site plan file or plat file.
(c) 
If the building permit for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fees shall be computed using schedule 2 then in effect, with credits for previous payment of fees being applied against the new fees due.
(d) 
For a new development which is unplatted at the time of application for a building permit, and for which no replatting is necessary pursuant to the city’s subdivision regulations prior to development, collection of impact fees shall occur at the time application is made for the building permit, and shall be the amount of the impact fee per service unit, as set forth in schedule 2 then in effect.
(e) 
Whenever the property owner proposes to increase the number of service units for a development, the additional impact fees collected for such new service units shall be determined by using schedule 2 then in effect, and such additional fee shall be collected at the times prescribed by this section.
(f) 
For a single-family residential lot of record existing on June 20, 1987, for which no replatting is necessary pursuant to the city’s subdivision regulations prior to development, collection of impact fees shall be pursuant to schedule 2, and such fees shall be collected at the time of application for a building permit.
(Ordinance 765-03 adopted 9/16/03)
(a) 
The city shall offset the reasonable value of any system facility which has been dedicated to and has been accepted by the city, or credit the amount of any monetary contribution to such facility, against the amount of the roadway impact fees due, in accordance with the rules set forth in this section. The city may agree to offset the reasonable value of any other capital improvement which is not on the roadway improvements plan, but which is on the city’s adopted thoroughfare plan. The value of an offset or credit may be stated in dollars or service units.
(b) 
This subsection applies only to an offset or credit associated with a capital improvement contributed to the city after the effective date of this article (September 16, 2003). Offsets or credits associated with a capital improvement contributed to the city prior to the effective date of this article are addressed in subsection (c).
(1) 
For purposes of this subsection (b), an offset or credit associated with a capital improvement contributed to the city after the effective date of this article is created at the time that the city accepts the system facility or other capital improvement for dedication, or enters into a binding facilities agreement for the facility pursuant to the city’s subdivision regulations.
(2) 
At the time the offset or credit is created, if no offset agreement exists or the existing agreement does not contain the terms identified herein on such date, the developer shall apply for an offset agreement, and the agreement thereafter shall be enforced in accordance with the following terms, providing:
(A) 
Identification of the plat with which the offset or credit is to be associated, with the exception of school districts;
(B) 
The amount of the capacity created by the capital improvement, expressed in service units equivalents;
(C) 
A provision stating that the offset or credit may be used to reduce impact fees imposed on new developments contained within the land subject to the associated plat after the effective date of the agreement;
(D) 
A provision that the amount of the offset or credit shall be determined by estimating the number of service unit equivalents of capacity supplied by the capital improvement, reduced by (1) the number of service units developed within the plat since the contribution of the roadway facility, using the land use equivalency table; by (2) the amount of the city’s participation in the excess costs of the facility (expressed in equivalent service units) and by (3) the amount of any payments received from other new developments utilizing the facility (expressed in equivalent service units);
(E) 
A provision for reimbursement of any unused offsets or credits consistent with subsection (b)(4); and
(F) 
A provision stating that the city may elect to buy back outstanding offsets or credits in accordance with subsection (f).
The developer may assign the offset agreement with the city’s consent, but in no event shall the offsets and credits provided for in the agreement be transferred to any development not subject to the plat associated with such offsets and credits with the exception of school districts which may transfer the credits to any future development by the school district.
(3) 
The developer may petition the city council for offsets for contribution of a capital improvement, including road right-of-way, which is not identified in the roadway improvements plan, if the improvement will supply capacity to new developments other than to the development seeking the offset, at the time the facility is accepted by the city or a binding facilities agreement for the facility is executed pursuant to the city’s subdivision regulations. In no event, however, may offsets attributable to such facility be used to reduce impact fees until the roadway improvements plan has been amended to include all or a portion of the capital improvement. If the petition is granted, the terms shall be incorporated into an offset agreement as provided in subsection (b)(2). The agreement also shall provide that the amount of the offset shall not exceed the capacity of the capital improvement that is included in the roadway improvements plan.
(4) 
As provided in the offset agreement required by subsection (b)(2), the developer may apply for reimbursement of excess offsets or credits following either completion of all development subject to the plat with which the offsets or credits are associated or after ten years following execution of the offset agreement. The following rules apply to such reimbursement, and shall be incorporated into the offset agreement:
(A) 
The developer must apply for reimbursement within six months following either (1) completion of all development subject to the plat with which the offsets or credits are associated or (2) ten years after the date of execution of the offset agreement.
(B) 
The following terms shall be incorporated in the reimbursement agreement and the agreement shall be enforced in accordance with such terms:
(i) 
A provision stating that the amount to be reimbursed shall be equal to the number of unused offsets (expressed as a number of service units) multiplied by a fraction equal to the impact fee per service unit to be collected, as set forth in schedule 2 in effect on the date of execution of the offset agreement, divided by the maximum impact fee per service unit, as set forth in schedule 1 in effect on the date of execution of the offset agreement;
(ii) 
A provision stating that the amount to be reimbursed may be further equitably reduced, if fewer than fifty percent (50%) of the number of service units in the plat with which the capital improvement giving rise to the offset have been developed on the date of application for reimbursement;
(iii) 
A provision stating that repayment shall be made within five (5) years from the date of execution of the reimbursement agreement, from road facilities fees collected within the roadway benefit area, subject to the availability of such funds;
(iv) 
A provision that termination or reduction of the city’s authority under state law to impose impact fees for roadway facilities shall terminate or correspondingly reduce any obligation to make payments under the offset agreement; and
(v) 
A provision stating that, in converting the offsets from service unit equivalents to a dollar value, the number of service unit equivalents shall be multiplied by the value of a service unit expressed in dollars using schedule 1 in effect at the time the offset agreement was executed.
(C) 
Execution of a reimbursement agreement shall automatically terminate any offsets or credits associated with a plat pursuant to an offset agreement. Thereafter, new development within the area subject to the plat shall pay roadway facilities fees in accordance with schedule 2 then in effect.
(c) 
This subsection applies only to offsets or credits associated with a capital improvement contributed to the city prior to the effective date of this article (September 16, 2003), and for which no development agreement exists providing for dedication or construction of system facilities and for offsets or credits against impact fees in proportion thereto. Any person who dedicated a system facility to the city or financed such facility prior to the effective date of this article, or any person who is subject to an impact fee for a new development in a plat associated with the system facility, may create offsets or credits for such facility by entering into an offset agreement within two years of the effective date of this article. The agreement shall be enforced in accordance with the following terms, providing:
(1) 
Identification of the plat with which the offset or credit is to be associated, with the exception of school districts;
(2) 
The amount of the capacity created by the capital improvement, expressed in service units equivalents;
(3) 
A provision stating that the offset or credit may be used to reduce impact fees imposed on new developments contained within the land subject to the associated plat after the effective date of the agreement;
(4) 
A provision stating that the amount of the offset or credit shall be determined by estimating the number of service units of capacity supplied by the system facility, reduced by (1) the number of service units developed within the plat since the contribution of the roadway facility, using the land use equivalency table; by (2) the amount of the city’s participation in the excess costs of the facility (expressed in equivalent service units) and by (3) the amount of any payments received from other new developments utilizing the facility (expressed in equivalent service units);
(5) 
A provision stating that offsets or credits created pursuant to the offset agreement shall expire at the time that development subject to the associated plat is completed;
(6) 
A provision stating that once the offset or credit has expired, no reimbursement for unused offsets or credits shall be due;
(7) 
A provision stating that, in converting offsets from service unit equivalents to a dollar value, the number of service unit equivalents shall be multiplied by the value of a service unit expressed in dollars using schedule 1 in effect at the time the offset agreement was executed; and
(8) 
A provision stating that the city may elect to buy back outstanding offsets or credits in accordance with subsection (f).
The developer may assign the offset agreement with the city’s consent, but in no event shall the offsets and credits provided for in the agreement be transferred to any development not subject to the plat associated with such offsets and credits, with the exception of school districts.
(d) 
All offsets and credits against roadway impact fees shall be subject to the following limitations and shall be granted based on this article and additional standards promulgated by the city council, which may be adopted as council-approved administrative guidelines:
(1) 
No offset or credit shall be given for the dedication of land or easements for or the construction of site-related facilities.
(2) 
No offset or credit shall exceed the documented and city-approved costs to the developer of the capital improvement which was dedicated to and accepted by the city, or the amount of the monetary contribution actually made.
(3) 
The costs or service unit equivalents used to calculate the offsets shall not exceed those assumed for the specific capital improvement included in the impact fees capital improvements plan or the actual costs of that improvement, whichever is less.
(e) 
Offsets or credits shall be associated with the approved preliminary plat for the new development and shall apply to development of all land subject to such plat, with the exception of school districts. For new developments that are to be developed in phases, offsets or credits may be created sequentially, and may be applied to any undeveloped portions of the plat with which the offset or credit is associated. The offset shall be expressed in service unit equivalents. The available offset or credit associated with the plat shall be applied against an impact fee in the following manner:
(1) 
For single-family residential lots which have received final plat approval, the offset or credit shall be applied to reduce the impact fee equally for all such lots within the final plat at the time of final plat recordation.
(2) 
For all other types of new developments, the offset or credit shall be applied to reduce the impact fee at the time of issuance of the first building permit, and thereafter to all subsequently issued building permits, for each new development within the associated plat, until the offset or credit has been exhausted.
(f) 
Notwithstanding any other provisions of this section relating to offsets and credits, the city in its sole discretion may choose to acquire all or a portion of any outstanding offsets or credits associated with a new development by giving the property owner sixty (60) days’ written notice of such intent and by tendering the dollar value of such offsets or credits using schedule 1 in effect at the time the applicable offset agreement was executed.
(g) 
Notwithstanding any other provision of this article to the contrary, for new developments subject to a development agreement predating the effective date of this article (September 16, 2003), which agreement provides for dedication or construction of system facilities and for offsets or credits against roadway impact fees in proportion thereto, offsets or credits shall apply to the amount of impact fees to be collected for each service unit pursuant to schedule 2 then in effect in accordance with the terms of such development agreement.
(Ordinance 765-03 adopted 9/16/03)
(a) 
The impact fees collected within each roadway benefit area may be used to finance, pay for or to recoup the costs of any roadway facility identified in the roadway improvements plan for the roadway benefit area, including the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney’s fees, and expert witness fees), and amounts designated in any reimbursement agreements executed pursuant to section 10.03.009.
(b) 
Impact fees may be used to pay for the contract services of an independent qualified engineer or financial consultant preparing or updating the roadway improvements plan who is not an employee of the political subdivision.
(c) 
Impact fees also may be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvement.
(Ordinance 765-03 adopted 9/16/03)
(a) 
The property owner or applicant for development may appeal the following administrative decisions to the city council:
(1) 
The applicability of an impact fee to the development;
(2) 
The amount of the impact fee due;
(3) 
The availability of, the amount of, or the expiration of an offset or a credit;
(4) 
The application of an offset or credit against an impact fee due;
(5) 
The amount of the impact fee in proportion to the benefit received by the new development; or
(6) 
Amount of a refund due, if any.
(b) 
The appellant shall state the basis for the appeal in writing with particularity. The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the offset or credit was not calculated according to the rules set forth in this article or by administrative guideline. The appellant shall submit any traffic study or other documents upon which he relies to the city with the request for appeal.
(c) 
The appellant must file a notice of appeal with the city secretary within thirty (30) days following the decision. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending.
(Ordinance 765-03 adopted 9/16/03)
(a) 
Any impact fee or portion thereof collected pursuant to this article which has not been expended within the applicable roadway benefit area for an authorized purpose within ten (10) years from the date of payment shall be refunded, upon application, to the record owner of the property at the time the refund is paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Texas Finance Code section 302.002, or any successor statute. The application for refund pursuant to this section shall be submitted in writing within sixty (60) days after the expiration of the ten-year period for expenditure of the fee. An impact fee shall be considered expended on a first-in, first-out basis.
(b) 
An impact fee collected pursuant to this article shall be considered expended if the total expenditures for capital improvements authorized in section 10.03.010 within the roadway benefit area within ten (10) years following the date of payment exceed the total fees collected for such improvements during such period.
(c) 
If a refund is due pursuant to subsection (a) or (b), the city shall prorate the refund by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the roadway benefit area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.
(d) 
Upon completion of all the capital improvements identified in the roadway improvements plan for the roadway benefit area, the city shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the city shall refund the difference, if such difference exceeds the impact fee paid by more than ten percent (10%). The refund to the record owner shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.
(e) 
If the building permit for a new development for which an impact fee has been paid has expired, and a modified or new application has not been filed within six (6) months of such expiration, the city shall, upon written application, refund the amount of the impact fee to the applicant. The city may establish guidelines for refunding of impact fees collected for which construction plans have been abandoned.
(Ordinance 765-03 adopted 9/16/03)
(a) 
Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the city council to determine whether any duty required by this article has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be performed within sixty (60) days of the request. If the city council determines that the duty is required pursuant to this article and is late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion.
(b) 
The city council may grant a variance or waiver from any requirement of this article, upon written request by a developer or owner of property subject to this article, following a public hearing, and only upon finding that a strict application of such requirement would when regarded as a whole result in confiscation of the property.
(c) 
If the city council grants a variance or waiver to the amount of the impact fee due for a new development under this section, it may cause to be appropriated from other city funds the amount of the reduction in the impact fee to the account for the roadway benefit area in which the property is located.
(Ordinance 765-03 adopted 9/16/03)
(a) 
The Land Use Assumptions for Impact Fees, dated May 1, 2003, which includes the city’s land use assumptions for roadway facilities, is hereby adopted as the city’s land use assumptions for roadway facilities and is hereby adopted as exhibit A, as maintained on file in the office of the city secretary.
(b) 
There is hereby established one roadway benefit area as depicted in figure 3.1 on the city’s roadway capital improvements plan, as maintained on file in the office of the city secretary.
(c) 
The boundaries of the roadway benefit areas may be amended from time to time, or new roadway benefit areas may be delineated.
(Ordinance 765-03 adopted 9/16/03)
(a) 
The roadway improvements plan for the city is hereby adopted as exhibit B, as maintained on file in the office of the city secretary.
(b) 
The roadway improvements plan may be amended from time to time.
(Ordinance 765-03 adopted 9/16/03)
(a) 
The maximum impact fees per development unit for roadway facilities are hereby adopted and incorporated in schedule 1 attached to Ordinance 765-03 and made a part hereof by reference.
(b) 
The impact fees per development unit for roadway facilities, which are to be paid by each new development, are hereby adopted and incorporated in schedule 2 attached to Ordinance 765-03 and made a part hereof by reference.
(c) 
The impact fees per service unit for roadway facilities may be amended from time to time.
(Ordinance 765-03 adopted 9/16/03)