This article is adopted pursuant to the provisions of chapter
395 of the Texas Local Government Code, as well as under the authority
of article 11, section 5, of the state constitution. This article
implements a policy of the city to impose fees upon each new development
project to pay the costs of constructing capital improvements and
facility expansions necessary to serve new developments.
(Ordinance 1997-05-00335, sec. 2,
adopted 5/12/97)
For purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The members of the planning and zoning commission and the
representatives appointed by the city council as required by the enabling
legislation for this article.
The determination of the amount of the maximum impact fee
which can be imposed on new developments pursuant to this article.
Any of the following facilities that have a life expectancy
of three or more years and are owned and operated by or on behalf
of the city:
A plan contemplated by this article that identifies capital
improvements or facility expansions for which impact fees may be assessed.
The amount of the reduction of an impact fee for fees, payments
or charges for or construction of the same type of facility.
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 developments. The
term does not include the repair, maintenance, or modernization of
an existing facility to better serve existing developments.
The point at which the applicant has complied with all conditions
of approval and the plat has been released for filing with the county
clerk.
A charge or assessment imposed as set forth in this article
against a 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 on-site or off-site water distribution, wastewater collection
or drainage facilities, or streets, sidewalks, or curbs if the dedication
or construction is required by a valid ordinance and is necessitated
by and attributable to the new development;
Lot or acreage fees to be placed in trust funds for the purposes
of reimbursing developers for oversizing or constructing water or
sewer mains or lines; or
Other pro-rata fees for reimbursement of water or sewer mains
or lines extended.
The report prepared by Birkhoff, Hendricks & Carter,
L.L.P dated January, 2023. titled Water and Roadway Impact Fee Update:
2022-2032 Lucas, Texas, a true and correct copy of which is on file
in the office of the city secretary and is incorporated herein by
reference.
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 10-year period which has been adopted by the
city and upon which the capital improvements plan is based.
The subdivision of land, the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement
of a structure, or any use or extension of the use of land, any of
which increases the number of service units.
For impact fee assessment purposes only, located entirely
on property which is not included within the bounds of the plat being
considered for fee impact purposes.
For impact fee assessment purposes only, located at least
partially on the plat which is being considered for impact fee.
Arterial or collector streets or roads that have been designated
on an officially adopted roadway plan of the city, together with all
necessary appurtenances. The term includes the city’s share
of costs for roadways and associated improvements designated on the
federal or state highway system, including local matching funds and
costs related to utility line relocation and the establishment of
curbs, gutters, sidewalks, drainage appurtenances, and rights-of-way.
The area within the corporate boundaries or extraterritorial
jurisdiction of the city, to be served by the capital improvements
or facilities expansions specified in the capital improvements plan,
except roadway facilities and stormwater, drainage, and flood control
facilities. For roadway facilities, the service area is limited to
an area within the corporate boundaries of the city and shall not
exceed six miles. For stormwater, drainage, and flood control facilities,
the service area may not exceed the area actually served by the stormwater,
drainage, and flood control facilities designated in the capital improvements
plan and shall not extend across watershed boundaries.
That 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
and based on historical data and trends applicable to the city during
the previous ten years. The applicable service units shall be shown
on the conversion table in the capital improvements plan and impact
fee calculation which can be converted to equivalent single-family
residential p.m. peak-hour average vehicle trip ends per acre for
roadway facilities and water meter equivalents, as the context indicates,
which also serves as the standardized unit of measure or consumption
or discharge for water and wastewater facilities.
An improvement for providing water supply, treatment and
distribution service, including, but not limited to, land easements
for water treatment facilities, water supply facilities, or water
distribution lines. “Water facility” excludes water lines
or mains which are constructed by developers, the costs of which are
reimbursed from pro-rata charges paid by developers or owners of property
in other subdivisions as a condition of connection to or use of such
facility.
(Ordinance 1997-05-00335, sec. 2,
adopted 5/12/97; Ordinance
2001-12-00458, sec. 1, adopted 12/10/01; Ordinance 2016-01-00827 adopted 1/7/16; Ordinance
2023-03-00974 adopted 3/16/2023)
(a)
The capital improvements advisory committee (advisory committee)
shall consist of the planning and zoning commission. If the advisory
committee does not include at least one representative of the real
estate, development or building industry who is not an employee or
official of a political subdivision or governmental entity, the city
council shall appoint at least one such representative as an ad hoc
voting member of the advisory committee. If any impact fee is to be
applied in the extraterritorial jurisdiction of the city, a representative
from the area shall be appointed by the city council.
(b)
The advisory committee serves in an advisory capacity and is established
to:
(1)
Advise and assist in the adoption of land use assumptions;
(2)
Review the capital improvements plan and file written comments;
(3)
Monitor and evaluate implementation of the capital improvements plan;
(4)
File semiannual reports with respect to the progress of the capital
improvements plan and report to the city council any perceived inequities
in implementing the plan or imposing the impact fee; and
(5)
Advise the city staff and council of the need to update or revise
the land use assumptions, capital improvements plan and impact fee.
(c)
All professional reports concerning the development and implementation
of the capital improvements plan shall be made available to the advisory
committee.
(d)
The advisory committee shall elect a chairperson to preside at its
meetings and a vice-chairperson to serve in his absence. All meetings
of the advisory committee shall be open to the public and posted at
least 72 hours in advance. A majority of the membership of the advisory
committee shall constitute a quorum.
(Ordinance 1997-05-00335, sec. 2,
adopted 5/12/97)
The land use assumptions and capital improvements plan upon
which impact fees are based shall be updated at least every five years.
The initial five-year period begins on the day the capital improvements
plan was adopted, May 12, 1997. Alternatively, the city council may
determine that no change to the land use assumptions, capital improvements
plan, or impact fee is needed, pursuant to the provisions of section
395.075 of the Local Government Code.
(Ordinance 2001-12-00458, sec. 2,
adopted 12/10/01)
(a)
Impact fees shall be assessed to new development at the time of recordation
of the subdivision plat or other plat required by the subdivision
ordinance of the city. If the city has water and wastewater capacity
available, impact fees shall be collected at the time the city issues
a building permit; or, for land platted outside the corporate boundaries,
the city shall collect the fees at the time an application for an
individual meter connection to the city’s water or wastewater
system is filed; or, where the city lacks authority to issue a building
permit in an area where an impact fee applies, the fee shall be collected
at the time an application is filed for an individual meter connection
to the city’s water or wastewater system. Impact fees for properties
platted prior to the adoption of this article shall be collected at
any time after one year of adoption of this article (May 12, 1997)
and shall be due and payable prior to or at the time of issuance of
the building permit or connection to the city’s water and wastewater
system, whichever occurs first.
(b)
Additional impact fees or increases in fees shall not be assessed
unless the number of service units to be developed on the tract increases.
Should the service units be increased, impact fees shall be increased
in an amount equal to the current impact fee per service unit multiplied
by the difference in number of service units.
(c)
Except for roadway facilities, impact fees may be assessed but not
collected for property where service is not available unless:
(1)
The city commits to commence construction of necessary facilities
identified in the capital improvements plan within two years and have
service available in a reasonable time not exceeding five years; or
(2)
The city agrees in writing to permit the owner of the property to
construct or finance the required capital improvement or facility
expansion and agrees that the cost incurred or funds advanced will
either:
(A)
Be credited against the impact fees otherwise due from the new development;
(B)
Reimburse the owner for such costs from impact fees paid from other
new developments that will use such capital improvements or facility
expansions, in which case fees shall be reimbursed to the owner at
the time collected as other new development plats are recorded; or
(C)
The owner voluntarily requests that the city reserve capacity to
serve future development and the city and the owner enter into a valid
written agreement.
(d)
The owner of the property for which there is a recorded plat may
enter into a written agreement with the city providing for the time
and method of payment of impact fees, which agreement shall prevail
over any contrary provision of this article.
(Ordinance 1997-05-00335, sec. 2,
adopted 5/12/97; Ordinance
2016-01-00827 adopted 1/7/16)
(c)
The city and the owner may enter into an agreement providing that,
in addition to the credit, the owner will be reimbursed for all or
a portion of the costs of such facilities from impact fees as received
from other new developments that will use such capital improvements
or facility expansions.
(d)
An owner shall be entitled to a credit against any category of impact
fee as provided in any written agreement between the city and the
owner.
(e)
No credit for construction of any facility shall exceed the total
amount of impact fees due from the development for the same category
of improvements.
(Ordinance 2018-11-00886, sec. 2,
adopted 11/1/18)
(a)
Any construction of, contributions to, or dedications of any facility
appearing on the capital improvements plan which is required by the
city to be constructed by the owner as a condition of development
shall be credited against the impact fees otherwise due for the same
category of impact fees otherwise due from the development. Credit
for impact fees due an owner in one category of impact fees (i.e.,
water and thoroughfares) may not be used as an offset for impact fees
due in another category of impact fees.
(b)
The city and the owner may enter into an agreement providing that,
in addition to the credit, the owner will be reimbursed for all or
a portion of the costs of such facilities from impact fees as received
from other new developments that will use such capital improvements
or facility expansions.
(c)
An owner shall be entitled to a credit against any category of impact
fee as provided in any written agreement between the city and the
owner.
(d)
No credit for construction of any facility shall exceed the total
amount of impact fees due from the development for the same category
of improvements.
(e)
The capital improvements plan must contain specific enumeration of
the items contained in section 395.014 of the Local Government Code,
including a plan for awarding:
(1)
A credit for the portion of ad valorem tax and utility service revenues
generated by new service units during the program period that is used
for the payment of improvements, including the payment of debt, that
are included in the capital improvements plan; or
(2)
In the alternative, a credit equal to fifty percent of the total
projected cost of implementing the capital improvements plan.
(Ordinance 1997-05-00335, sec. 2,
adopted 5/12/97; Ordinance
2001-12-00458, sec. 5, adopted 12/10/01)
(a)
All impact fees collected shall be deposited in interest-bearing
accounts clearly identifying the category of capital improvements
or facility expansions within the service area for which the fee is
adopted.
(b)
Interest earned shall be credited to the account and shall be subject
to the same restrictions on expenditures as the funds generating such
interest. Impact fees and the interest earned thereon may be spent
only for the purposes for which such fees were imposed as shown in
the capital improvements plan.
(c)
The records of the accounts into which impact fees are deposited
shall be open for public inspection and copying during ordinary business
hours.
(Ordinance 1997-05-00335, sec. 2,
adopted 5/12/97)
Upon written application of an owner of property upon which
impact fees were assessed, the city council shall consider appeals
to the interpretations of or errors in the application of the impact
fee regulations or schedules which are used to calculate the fees
or credits.
(Ordinance 1997-05-00335, sec. 2,
adopted 5/12/97)
