This article shall be known and cited as the Glenn Heights water
and wastewater impact fees article.
(Ordinance 800-05 adopted 9/19/05)
(a)
This article is intended to assure the provision of adequate water
and wastewater 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. It is not
the purpose of this article to collect any money from new development
in excess of the actual amount necessary to offset the demand on the
city’s water and wastewater facilities generated by such new
development activity. It is specifically acknowledged that this article
has approached the calculation of proportionate share impact fees
in a conservative and reasonable manner.
(b)
It is in the interest of the public’s health, safety, and general
welfare for the city to regulate development and ensure the adequacy
of water and wastewater facilities by requiring payment of proportionate
share impact fees.
(Ordinance 800-05 adopted 9/19/05)
This article is adopted pursuant to Texas Local Government Code
chapter 395 and the Glenn Heights 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 800-05 adopted 9/19/05)
The determination of the amount of the maximum impact fee
per dwelling unit equivalent which can be imposed on new development
pursuant to this article. The amount of the impact fee per dwelling
unit equivalent is a measure of the water and/or wastewater impact
on system facilities created by the new development.
Any water supply, treatment and distribution facilities,
or wastewater collection and treatment facilities, which have a life
expectancy of three or more years and are owned and operated by or
on behalf of the city.
The amount of the reduction of an impact fee arising from
payments made for a capital improvement included in the water and
wastewater study and made prior to the effective date of this article
(ordinance adopted September 19, 2005).
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.
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 subdivision ordinance or any other ordinance.
A water and/or wastewater impact fee.
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 waste and wastewater
study is based.
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 dwelling unit equivalents 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.
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.
To reimburse the city for capital improvements which the
city has previously installed or caused to be installed.
(Ordinance 800-05 adopted 9/19/05)
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 both the water service area and the
wastewater service area.
(Ordinance 800-05 adopted 9/19/05)
(a)
Maximum impact fees per dwelling unit equivalent for water and wastewater
shall be as set forth in schedule 1 attached to Ordinance 800-05 and
on file in the office of the city secretary and made a part of this
article by reference.
(b)
The water and wastewater impact fee per dwelling unit equivalent
which is to be paid by each new development shall be as set forth
in schedule 2 attached to Ordinance 800-05 and on file in the office
of the city secretary and made a part of this article by reference.
(c)
Impact fee schedules 1 and 2 may be amended from time to time pursuant
to state law.
(Ordinance 800-05 adopted 9/19/05)
(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 (ordinance adopted
September 19, 2005) 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 dwelling unit equivalent 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 (ordinance adopted September 19, 2005), or for which
replatting results in an increase in the number of dwelling unit equivalents
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 dwelling unit equivalent 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 dwelling unit equivalent 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 800-05 adopted 9/19/05)
(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 new development as set
forth in the impact fee calculation section of the water and wastewater
study, at pages II-12-14, attached to Ordinance 800-05 and on file
in the office of the city secretary, as exhibit 1.
(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 dwelling unit equivalent, as set forth in schedule 2 then in effect.
(e)
Whenever the property owner proposes to increase the number of dwelling
unit equivalents for a development, the additional impact fees collected
for such new dwelling unit equivalents 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 800-05 adopted 9/19/05)
(a)
The city shall offset the reasonable value of any water or wastewater
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 water and/or wastewater 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 impact fee water and wastewater capital
improvements plan, but which is on the city’s generally adopted
water and wastewater facilities plans. The value of an offset or credit
may be stated in dollars or dwelling unit equivalents.
(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 (ordinance adopted September 19, 2005). Offsets or credits associated with a capital improvement contributed to the city prior to the effective date of this article (ordinance adopted September 19, 2005) 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 (ordinance adopted September 19, 2005) 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 dwelling unit 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 dwelling unit equivalents of capacity
supplied by the capital improvement, reduced by:
(i)
The number of dwelling unit equivalents developed within the
plat since the contribution of the water and/or wastewater facility,
using the dwelling unit equivalency table set forth at table II-9
in the water and wastewater study at page II-12; by
(ii)
The amount of the city’s participation in the excess costs
of the facility (expressed in dwelling unit equivalents); and by
(iii)
The amount of any payments received from other new developments
utilizing the facility (expressed in dwelling unit equivalents);
(E)
A provision for reimbursement of any unused offsets or credits consistent with section 13.05.009(b)(4); and
(F)
A provision stating that the city may elect to buy back outstanding offsets or credits in accordance with section 13.05.009(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 water and/or wastewater capital improvement, which is not identified in the impact fee water and wastewater capital 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 water and/or wastewater 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 section 13.05.009(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 water and/or wastewater improvements plan.
(4)
As provided in the offset agreement required by section 13.05.009(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:
(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 dwelling
unit equivalents) multiplied by a fraction equal to the impact fee
per dwelling unit equivalent 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 dwelling unit equivalents 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 water and/or wastewater impact fees, 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 water and/or wastewater
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 dwelling
unit equivalents to a dollar value, the number of dwelling unit equivalents
shall be multiplied by the value of a dwelling unit equivalent 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 water and wastewater impact 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 (ordinance adopted September 19, 2005), 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 (ordinance adopted September 19, 2005), 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 (ordinance adopted September
19, 2005). 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 dwelling unit 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 dwelling unit equivalents
capacity supplied by the system facility, reduced by:
(A)
The number of dwelling unit equivalents developed within the plat
since the contribution of the water and/or wastewater facility, using
the dwelling unit equivalency table set forth at table II-9 in the
water and wastewater study at page II-12; by
(B)
The amount of the city’s participation in the excess costs
of the facility (expressed in dwelling unit equivalents); and by
(C)
The amount of any. payments received from other new developments
utilizing the facility (expressed in dwelling unit equivalents);
(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 dwelling unit
equivalents to a dollar value, the number of dwelling unit equivalents
shall be multiplied by the value of a dwelling unit equivalent 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 section 13.05.009(f).
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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.
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(d)
All offsets and credits against water and wastewater 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 dwelling 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 (ordinance adopted September 19,
2005), which agreement provides for dedication or construction of
system facilities and for offsets or credits against water and/or
wastewater 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 800-05 adopted 9/19/05)
(a)
The water and wastewater impact fees collected by the city may be used to finance, pay for or to recoup the costs of any water and wastewater facilities identified in the water and wastewater study, 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 13.05.009.
(b)
Impact fees may be used to pay for the contract services of an independent
qualified engineer or financial consultant preparing or updating the
water and wastewater 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 800-05 adopted 9/19/05)
(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 800-05 adopted 9/19/05)
(a)
Any impact fee or portion thereof collected pursuant to this article
which has not been expended 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 (10) 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 13.05.010 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 sections 13.05.012(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 dwelling unit equivalents for the period to determine the refund due per dwelling unit equivalents. The refund to the record owner shall be calculated by multiplying the refund due per dwelling unit equivalents by the number of dwelling unit equivalents 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
water and wastewater improvements plan, the city shall recalculate
the maximum impact fee per dwelling unit equivalents using the actual
costs for the improvements or expansions. If the maximum impact fee
per dwelling unit equivalent based on actual cost is less than the
impact fee per dwelling unit equivalent 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 dwelling
unit equivalent 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 800-05 adopted 9/19/05)
(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 water or wastewater benefit
area in which the property is located.
(Ordinance 800-05 adopted 9/19/05)
(a)
The land use assumptions are hereby adopted as the city’s land
use assumptions for water and wastewater facilities and system. The
land use assumptions are set forth as exhibit A to the impact fee
study, a copy of which is attached to Ordinance 800-05 and on file
in the office of the city secretary as exhibit 1 and incorporated
by reference herein.
(b)
There is hereby established one service area for water and wastewater
impact fees, as depicted in plates 1 and 2, respectively, of the land
use assumptions.
(c)
The boundaries of the water and wastewater impact fee service areas
may be amended from time to time, or new water and/or wastewater impact
fee service areas may be delineated.
(Ordinance 800-05 adopted 9/19/05)
(a)
The financial plan is hereby adopted. The financial plan is set forth
as exhibit B to the impact fee study, a copy of which is attached
to Ordinance 800-05 and on file in the office of the city secretary
as exhibit 1 and incorporated by reference herein.
(b)
The financial plan may be amended from time to time.
(Ordinance 800-05 adopted 9/19/05)
(a)
The water and wastewater study is hereby adopted. The water and wastewater
study is set forth as exhibit C to the impact fee study, a copy of
which is attached to Ordinance 800-05 and on file in the office of
the city secretary as exhibit 1 and incorporated by reference herein.
(b)
The water and wastewater study may be amended from time to time.
(Ordinance 800-05 adopted 9/19/05)
(a)
The maximum water and wastewater impact fees per dwelling unit equivalent
are hereby adopted and incorporated in schedule 1 attached to Ordinance
800-05 and on file in the office of the city secretary and made a
part hereof by reference.
(b)
The water and wastewater impact fees per dwelling unit equivalent,
which are to be paid by each new development, are hereby adopted and
incorporated in schedule 2 attached to Ordinance 800-05 and on file
in the office of the city secretary and made a part hereof by reference.
(c)
The impact fees per dwelling unit equivalent for water and wastewater
facilities may be amended from time to time.
(Ordinance 800-05 adopted 9/19/05)
