(A) 
For the purpose of this chapter, the following definitions will apply unless the context clearly indicates or requires a different meaning.
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE.
The Planning and Zoning Commission of the city and ad hoc voting members of the Commission appointed to advise and assist the city in the adoption, implementation, monitoring, and evaluation of land use assumptions, capital improvements plan and impact fees.
CH. 395.
Tex. Loc. Gov’t Code, Ch. 395, and any amendment, codification, or recategorization of the statute.
CREDIT.
The amount of the reduction of an impact fee for fees, payment, or charges for, or construction of, the same type of facility.
DEVELOPER.
A property owner or owners, or their duly appointed representative, who propose to develop a tract of land within the corporate limits or extraterritorial jurisdiction of the city so as to increase the number of service units required for the tract of land.
PLATTED or PLATTING.
Platted in accordance with Tex. Loc. Gov’t Code, Ch. 212, or the subdivision or platting procedures of the city.
ROADWAY FACILITIES.
Arterial or collector streets or roads that have been designated on an officially adopted roadway plan of a political subdivision, together with all necessary appurtenances. The term does not include any roadways or associated improvements designated on the federal or state highway system.
SERVICE AREA.
The land area served by capital improvements plan projects. This includes the entire area inside the city limits and other areas surrounding the city limits, as shown on exhibit A[1], attached to Ordinance 1577-23-01-10. Exceptions to wastewater service area 2 may be made for areas North of SH 45 and west of SH 130 that are able to flow by gravity to service area 1 on a case-by-case basis.
WASTEWATER FACILITY.
An improvement for the provision of wastewater collection and treatment, including, but not limited to, land or easements, treatment facilities, lift stations, or interceptor mains.
WATER FACILITY.
An improvement for the provision of water supply, treatment and distribution service, including, but not limited to, land or easements, water treatment facilities, water supply facilities or water distribution lines.
[1]
Editor's note–Exhibit A is included as an attachment to this chapter.
(B) 
The following terms used in this chapter will be as defined in:
(1) 
Ch. 395, § 395.001:
(a) 
“Capital Improvement”;
(b) 
“Capital Improvements Plan”;
(c) 
“Facility Expansion”;
(d) 
“Impact Fee”;
(e) 
“Land Use Assumptions”;
(f) 
“New Development”;
(g) 
“Political Subdivision”; and
(h) 
“Service Unit.”
(2) 
Ch. 395, § 395.016(f): “Assessment.”
(Ordinance 38-93-10-26, passed 10-26-93; Am. Ordinance 524A-99-01-12, passed 1-12-99; Ordinance 651-01-10-09, passed 10-09-01; Ordinance 891-07-06-26, passed 6-26-07; Ordinance 1179-14-06-10, passed 6-10-14; Ordinance 1440-20-04-14, passed 4-14-20; Ordinance 1577-23-01-10, passed 1/10/2023)
Tex. Loc. Gov’t Code, Ch. 395 supplements this chapter to the extent that its provisions may be applicable and, to such extent, its provisions are incorporated in this chapter for all purposes.
(Ordinance 38-93-10-26, passed 10-26-93; Am. Ordinance 524A-99-01-12, passed 1-12-99; Ordinance 651-01-10-09, passed 10-09-01)
(A) 
Capital Improvements Plan.
The capital improvements plans identifying capital improvements or facility expansions for which impact fees may be assessed, that were considered at the December 13, 2022, public hearing and are attached as exhibit B[1] to Ordinance 1577-23-01-10, is approved and adopted.
[1]
Editor's note–Exhibit B is included as an attachment to this chapter.
(B) 
Periodic Updates.
The land use assumptions and the capital improvements plan upon which the impact fees are based will be updated at least every five years. Alternatively, the city council may, pursuant to Texas Local Government Code, § 395.0575, make a determination that no update is required.
(C) 
Establishment.
Pursuant to TEX. LOC. GOV’T CODE, Ch. 395, an impact fee is established to be assessed and collected as set forth in this chapter against each service unit of new development to generate revenues for funding or recouping the costs of capital improvements or facility expansions for water and wastewater facilities necessitated by and attributable to the new development.
(Ordinance 38-93-10-26, passed 10-26-93; Am. Ordinance 524A-99-01-12, passed 1-12-99; Ordinance 651-01-10-09, passed 10-09-01; Ordinance 891-07-06-26, passed 6-26-07; Ordinance 1179-14-06-10, passed 6-10-14; Ordinance 1440-20-04-14, passed 4-14-20; Ordinance 1577-23-01-10, passed 1/10/2023)
(A) 
For new development that was platted before the adoption of Ordinance 1577-23-01-10, the city will assess and collect the impact fee in effect at the time the building permit is issued or the application is made for an individual connection to the municipal water or wastewater system.
(B) 
For development that is platted after the adoption of the initial impact fee ordinance, as described in subsection (A), the impact fee is assessed against each service unit of land and shall be the fee in effect at the time the final platting is approved. Except as provided for in § 395.019 of the Texas Local Government Code:
(1) 
For parties within the municipal corporate boundaries, the assessment is made and collected at the time of issuance of building permit.
(2) 
For land platted outside the corporate boundaries, the assessment is made and collected at the time an application is made for an individual connection to the municipal water or wastewater system.
(3) 
Where the City of Pflugerville lacks the authority to issue building permits in the area where the fee applies, the fee shall be assessed and collected at the time an application is made for an individual connection to the municipal water or wastewater system.
(C) 
The impact fee is assessed against each service unit of land on which any new development occurs or is proposed without additional platting. Except as provided for in § 395.019 of the Texas Local Government Code, the assessment and collection is made on the date a building permit is issued, or, if no building permit is required, on the first day a service application is made for connection to the municipal water and/or wastewater system. At the latest, the impact fee must be collected at the time of connection to the city’s water or wastewater system.
(Ordinance 38-93-10-26, passed 10-26-93; Am. Ordinance 524A-99-01-12, passed 1-12-99; Ordinance 651-01-10-09, passed 10-09-01; Ordinance 704-03-05-13, passed 5-13-03; Ordinance 891-07-06-26, passed 6-26-07; Ordinance 1179-14-06-10, passed 6-10-14; Ordinance 1440-20-04-14, passed 4-14-20; Ordinance 1577-23-01-10, passed 1/10/2023)
The impact fee will be assessed but not collected in areas where service is not currently available unless the city and the developer enter into a written agreement for earlier fee payment whereby:
(A) 
The city commits to commence construction of necessary water and wastewater facilities identified in the capital improvements plan within two years and to have service available in a reasonable period of time, not exceeding five years; or
(B) 
The city agrees to reserve capacity to serve future development; or
(C) 
The city agrees to permit the developer to construct or finance the required capital improvement or facility expansion and that:
(1) 
The costs incurred or funds advanced will be credited against the impact fee otherwise due from the new development; or
(2) 
The developer will be reimbursed for the costs from the impact fee paid from other new developments that will use such capital improvements or facility expansions, in which case fees will be reimbursed to the developer at the time collected.
(Ordinance 38-93-10-26, passed 10-26-93; Am. Ordinance 524A-99-01-12, passed 1-12-99; Ordinance 651-01-10-09, passed 10-09-01)
(A) 
Payment of the impact fees assessed and collected pursuant to this chapter must be delivered to the City Finance Officer, or his/her designee.
(B) 
Written agreements providing for the time and method of payment of the impact fee between the city and a developer of property for which service is not currently available will prevail over any contrary provisions of this chapter.
(C) 
If the impact fee has not been paid within 30 days of the date required in §152.15, the Building Official may order any work stopped by serving written notice on any persons engaged in, doing or causing the work to be done, and any those persons must immediately cease the work until authorized by the Building Official to proceed with the work after payment of the impact fee.
(D) 
A certificate of occupancy may not be issued or approved before payment of the impact fee.
(Ordinance 38-93-10-26, passed 10-26-93; Am. Ordinance 524A-99-01-12, passed 1-12-99; Ordinance 651-01-10-09, passed 10-09-01)
(A) 
In this section the term “calculated amount” means the number of service units multiplied by the amount of the impact fee to be collected per service unit.
(B) 
The number of service units is determined at the time of:
(1) 
Assessment, by reference to the capital improvements plan attached as exhibit B[1] to Ordinance 1577-23-01-10.
[1]
Editor's note–Exhibit B is included as an attachment to this chapter.
(2) 
Collection, in accordance with the meter size required and the following table:
Meter Size
Service Units
5/8" displacement
1.0
3/4" displacement
1.7
1" displacement
2.7
1-1/2" displacement
3.3
2" displacement
6.7
3" compound
21.3
4" compound
33.3
4" combination
46.7
6" compound
66.7
6" combination
106.7
8" combination
186.7
10" combination
293.3
(C) 
The calculated amount of an impact fee is reduced by any allowable credit as provided by § 152.22.
(D) 
Replatting does not require recalculation of the impact fee unless the number of service units is increased. If a new development increases the number of service units, the impact fee is recalculated as provided by subsection (B), above.
(E) 
The calculated amount will be increased if the number of service units attributable to new development increases, in which case the calculated amount is increased in an amount equal to the impact fee then in effect multiplied by the increased number of service units.
(Ordinance 38-93-10-26, passed 10-26-93; Am. Ordinance 524A-99-01-12, passed 1-12-99; Ordinance 651-01-10-09, passed 10-09-01; Ordinance 926-08-01-22, passed 1-8-08; Ordinance 1179-14-06-10, passed 6-10-14; Ordinance 1440-20-04-14, passed 4-14-20; Ordinance 1577-23-01-10, passed 1/10/2023)
(A) 
The amount of the impact fee for water and wastewater facilities are applied based on service area (exhibit A[1] to Ordinance 1577-23-01-10).
[1]
Editor's note–Exhibit AB is included as an attachment to this chapter.
(B) 
Effective January 10, 2023, the impact fee for each service unit is:
Service Area
Maximum Allowable Impact Fee Per Service Unit
Water
$14,713.00
Wastewater Service Area 1
$1,316.00
Wastewater Service Area 2
$15,136.00
Total in Wastewater Service Area 1
$16,029.00
Total in Wastewater Service Area 2
$29,849.00
(C) 
An impact fee is assessed and collected only for the utility service(s) capacity reserved, be it water or wastewater.
(Ordinance 38-93-10-26, passed 10-26-93; Am. Ordinance 524A-99-01-12, passed 1-12-99; Ordinance 651-01-10-09, passed 10-09-01; Ordinance 704-03-05-13, passed 5-13-03; Ordinance 891-07-06-26, passed 6-26-07; Ordinance 1179-14-06-10, passed 6-10-14; Ordinance 1440-20-04-14, passed 4-14-20; Ordinance 1577-23-01-10, passed 1/10/2023)
The impact fee will be deposited in an interest bearing account that clearly identifies the category of capital improvement or facility expansion within the service area for which the fee is adopted. Interest earned is credited to the account and is subject to the same restrictions on expenditures as the funds generating such interest. The impact fee and the interest earned thereon may be spent only for the purposes for which the fee was imposed as shown in the capital improvements plan.
(Ordinance 38-93-10-26, passed 10-26-93; Am. Ordinance 524A-99-01-12, passed 1-12-99; Ordinance 651-01-10-09, passed 10-09-01)
Impact fee proceeds may only be used to pay the cost of constructing capital improvements or facility expansions identified in the Capital Improvements Plan, including and limited to: the construction contract price; surveying and engineering fees; land acquisition costs; fees paid to a qualified consultant preparing the capital improvements plan and impact fee study who is not an employee of the city; and projected interest and finance charges, if the impact fees are used for the payment of principal and interest on bonds, notes or other obligations to finance projects identified in the Capital Improvements Plan.
(A) 
Where, in order to serve new development, the developer is required to construct, contribute, contribute to, or dedicate, a capital improvement or facility expansion identified in the capital improvements plan (exhibit B[1] to Ordinance 1577-23-01-10) the developer may enter into an agreement with the city whereby the developer is:
(1) 
Credited for the capital improvement or facility expansion against the impact fee otherwise due from the new development; or
(2) 
Reimbursed for all or a portion of the costs of the capital improvement or facility expansion from impact fees as received from other new developments that use the capital improvement or facility expansion.
[1]
Editor's note–Exhibit B is included as an attachment to this chapter.
(B) 
A developer is entitled to a credit against any category of impact fee as may be provided in a written agreement between the city and the developer.
(C) 
New development that is subject to this chapter and for which an impact fee was properly prepaid under a previous impact fee ordinance will be credited with the principal amount of the impact fee paid under that ordinance.
(D) 
The credit for construction of a capital improvement or facility expansion under this section may not exceed the total amount of the impact fees collectible from the development for the same category of improvements.
(Ordinance 38-93-10-26, passed 10-26-93; Am. Ordinance 524A-99-01-12, passed 1-12-99; Ordinance 651-01-10-09, passed 10-09-01; Ordinance 704-03-05-13, passed 5-13-03; Ordinance 891-07-06-26, passed 6-26-07; Ordinance 1179-14-06-10, passed 6-10-14; Ordinance 1440-20-04-14, passed 4-14-20; Ordinance 1577-23-01-10, passed 1/10/2023)
An impact fee is charged in addition to all other fees set out by city Ordinance or regulation including, but not limited to, building permit fees.
(Ordinance 38-93-10-26, passed 10-26-93; Am. Ordinance 524A-99-01-12, passed 1-12-99; Ordinance 651-01-10-09, passed 10-09-01)