The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means water supply, treatment and distribution facilities;
wastewater collection and treatment facilities; roadway facilities;
and stormwater, drainage, and flood control facilities, whether or
not they are located within the corporate limits of the city.
means the plan currently in effect within the city, as such
plan may, from time to time, be amended, that identifies capital improvements
or facility expansions for which impact fees may be assessed under
this chapter.
means 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.
This term does not include the repair, maintenance, modernization
or expansion of an existing facility to better serve existing development.
means a charge or assessment imposed by the city against
new development in order to generate revenue for funding or recouping
the costs of capital improvements or facility expansions necessitated
by and attributable to the new development. The term includes amortized
charges, lump sum charges, capital recovery fees, contributions in
aid of construction, and any other fee that functions as described
by this definition. The term does not include:
Dedication of land for public parks or payment in lieu of the
dedication to serve park needs;
Dedication of rights-of-way or easements or construction or
dedication of onsite water distribution, wastewater collection or
drainage facilities, or streets, sidewalks or curbs if the dedication
or construction is required by ordinance and is necessitated by and
attributable to the new development; or
Lot or acreage fees to be placed in trust funds for the purpose
of reimbursing developments for oversizing or constructing water or
sewer mains or lines.
means the living unit equivalents (LUE) or “service
units” and is a standardized measurement for consumption, use,
generation or discharge that is attributed to an individual unit of
development. Different types of land uses produce differing demands
on the water and wastewater system. The magnitude of the potential
demand that can be placed on the system is best described by the flow
that can be accommodated through the tap or meter.
means 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.
means the service area for which potable water and wastewater
systems are intended to serve and is limited to the corporate city
limits of Euless, exclusive of the land area located east of State
Highway 360 and owned by the Dallas/Fort Worth International Airport.
means a standardized measure of consumption, use, generation
or discharge attributable to an individual unit of development calculated
in accordance with generally accepted engineering or planning standards
for a particular category of capital improvements or facility expansions.
The standard service unit for calculation of impact fees is a three-quarter-inch
water meter. Service unit equivalents for larger meters are as follows:
|
Size of Meter
(inches)
|
Equivalent Factor
|
|---|---|
|
3/4
|
1.00
|
|
1
|
1.67
|
|
1-1/2
|
3.33
|
|
2
|
5.33
|
|
3
|
10.00
|
|
4
|
16.67
|
|
6
|
33.33
|
|
8
|
60.00
|
|
10
|
96.67
|
(Code 1974, § 16-39.1; Ordinance 1111, §§ IV, V, 5-25-93)
Water and sewer impact fees to be charged pursuant to this chapter are set forth in chapter 30 and may be amended from time to time in the manner provided by law. The total impact fee for new development shall be calculated based on the number of service units or service unit equivalents attributable to such new development.
(Code 1974, § 16-39.2)
(a)
For new development which was platted prior to June 12, 1990, impact fees for service units for which building permits have not been issued prior to such date shall be assessed as of June 12, 1990. For any such service unit for which a building permit is issued prior to June 12, 1991, the impact fees for such service unit shall be assessed in an amount equal to the impact fees assessed and charged for such service units prior to June 12, 1990, and shall be collected at the time a building permit for such service unit is issued. For any such service unit for which a building permit is issued on or after June 12, 1991, impact fees shall be assessed at the time provided in this section in the amount specified in chapter 30, and shall be collected at the time the city issues a building permit for such service unit. In all cases, payment of such impact fees shall be a condition precedent to the issuance of a building permit for any service unit.
(b)
For
new development platted after June 12, 1990, the impact fees attributable
to such new development shall be assessed at the time of recordation
of a subdivision plat or other plat for such development in the official
records of the county clerk. Except as provided by the following section
of this division, impact fees so assessed shall be collected at the
time the city issues a building permit for any unit of such new development,
and payment of such fee shall be a condition precedent to the issuance
of such building permit.
(c)
For
land upon which new development occurs or is proposed to occur without
platting, impact fees may be assessed by the city at any time during
the development and building process. The impact fees shall be collected
at the time the city issues a building permit for such development,
and payment of such impact fee shall be a condition precedent to the
issuance of such building permit.
(d)
If the
building permit for which an impact fee has been paid has expired
and a new application is thereafter filed, the impact fees due shall
be computed using the impact fee schedule then in effect, with credits
for previous payment of fees being applied against the new fees due.
(e)
Whenever
the property owner proposes to increase the number of service units
for a development, the additional impact fees assessed for such new
service units shall be determined by using the impact fee schedule
then in effect, and such additional fee shall be collected at the
time of issuance of a new building permit.
(f)
As used
in this section, “assessment” means a determination of
the amount of the impact fee in effect on the date or occurrence provided
in this section. No specific act by the city is required in order
to assess an impact fee.
(Code 1974, § 16-39.3; Ordinance 1497, § 1, 9-11-01)
(a)
An owner
of a new development may construct or finance a capital improvement
or facility expansion designated in the capital improvements plan,
if required or authorized by the city, by entering into an agreement
with the city prior to the issuance of any building permit for the
development. The agreement shall be on a form approved by the city
and shall identify the estimated cost of the improvement or expansion,
the schedule for initiation and completion of the improvement or expansion,
a requirement that the improvement be designed and completed to city
standards, and such other terms and conditions as deemed necessary
by the city. Such agreement shall provide for an offset to be given
against the impact fees due for such development and shall provide
the method to be used to determine the amount of such offset.
(b)
In lieu of the offset provisions set forth in subsection (a), the city may elect to require an owner to pay the applicable impact fees and agree to later reimburse such owner for the dedication, construction or financing of capital improvements or facility expansions designated in the capital improvements plan, such reimbursement to come from impact fees paid from other new developments that will use such capital improvements or facility expansions. In this event, the terms of reimbursement shall be incorporated in the agreement required by this section, provided, however, that such fees shall be collected and reimbursed to the owner at the time building permits are issued for the other new development.
(Code 1974, § 16-39.4; Ordinance 1497, § 2, 9-11-01)
(a)
All
water impact fees collected under this division shall be deposited
into an interest bearing account clearly identified as a water system
capital improvements or facility expansions account and may be spent
only for the purposes for which such impact fees were imposed as shown
by the capital improvements plan and as authorized by state law.
(b)
All
sewer impact fees collected under this division shall be deposited
into an interest bearing account clearly identified as a sewer system
capital improvements or facility expansions account and may be spent
only for the purposes for which such impact fees were imposed as shown
by the capital improvements plan and as authorized by state law.
(c)
Interest
earned on impact fees in each such account shall be considered funds
of the account on which it is earned and shall be subject to all restrictions
placed on the use of impact fees under this division and state law.
(d)
Adequate records shall be kept and maintained for such accounts which shall show the source and disbursement of all funds placed in or expended from such account. All such records of the accounts into which impact fees are deposited shall be open for public inspection and copying during regular business hours, subject to the provisions of chapter 30 concerning cost of copies.
(Code 1974, § 16-39.5)
The city council may grant a variance or waiver from any requirement
of this division, upon written request by a developer or owner of
property subject to this division, following a public hearing, upon
a finding that a strict application of such requirement would result
in a confiscation of the property or would result in an unnecessary
hardship to the owner of such property, provided, however, that such
a variance or waiver shall not be granted to relieve a self-created
or personal hardship, nor shall such a variance or waiver be granted
to permit any person a privilege in developing a parcel of land not
permitted by this division to other parcels of land similarly situated.
(Code 1974, § 16-39.6)
(b)
The
burden of proof shall be on the appellant to demonstrate the inapplicability
of an impact fee to the development; that the amount of the impact
fee was not calculated according to the applicable requirements of
this division; or that the amount of the refund due was not calculated
in accordance with state law.
(c)
To perfect
such an appeal, the applicant must file a notice of appeal with the
city secretary within 30 days following the date of the determination
being appealed. 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, provided,
however, that no building permit shall be issued for such development
until such appeal is finally determined by the city council. Such
appeal shall be considered to be determined on the date the city council
takes a final vote upon the question being appealed.
(Code 1974, § 16-39.7)
This division does not prohibit, affect or regulate any tax,
fee, charge or assessment specifically authorized by state law or
the Charter or ordinances of the city. The fees imposed by this division
are in addition to any other taxes, fees, charges or assessments authorized
by state law, the Charter or ordinances of the city. This division
also does not prohibit, affect or regulate any charges or required
construction of improvements for new development for the primary use
or benefit of such new development and which are not included in the
capital improvements plan for which an impact fee is not imposed under
this division and for which the developer or property owner is solely
responsible under the division or other applicable ordinances or regulations
of the city.
(Code 1974, § 16-39.8)
This division is adopted under the authority and pursuant to
the provisions of V.T.C.A., Local Government Code § 395.001 et
seq. Such chapter contains additional provisions applicable to the
calculation, assessment, imposition and collection of impact fees,
and concerning the administration of the capital improvements program
and procedures for updates and amendments to the land use assumptions,
capital improvements plan and impact fees. All areas covered by such
chapter which are not specifically addressed in this division shall
be governed by the provisions of V.T.C.A., Local Government Code §
395.001 et seq., and by any additional chapters which the state legislature
may enact to the Local Government Code concerning impact fees and
the capital improvements plan. If the state legislature amends V.T.C.A.,
Local Government Code ch. 395 to change any of the definitions contained
therein, the definitions of terms contained in this division shall
be modified accordingly upon the effective date of such legislative
amendment.
(Code 1974, § 16-39.9)
