This article is adopted pursuant to the provisions of chapter 395, Texas Local Government Code, as well as under the authority of article 11, section 5 of the Texas Constitution. This article implements the town’s policy to assure the provision of adequate public facilities to serve new development within the town and in its extraterritorial jurisdiction by requiring each new development to pay its pro-rata share of the costs of capital improvements necessitated by and attributable to such new development. The provisions of this article shall not be construed to limit the power of the town to utilize other methods authorized under state law or pursuant to other town powers to accomplish the purposes set forth herein, either in substitution for or in conjunction with this article.
(1992 Code, sec. 11.1101; 2006 Code, sec. 13.1101)
For purposes of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Advisory committee.
The committee as designated by the town council to provide recommendations regarding the provisions of this article.
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.
Building permit.
Written permission issued by the town for the construction of, repair, alteration or addition to a structure.
Capital improvement.
Either a roadway facility, a water facility, or a wastewater facility, with a life expectancy of three or more years, to be owned and operated by or on behalf of the town.
Credit.
The amount of the reduction of an impact fee due, that is equal to the value of a roadway facility, a water facility or a wastewater facility, as determined under this article or pursuant to administrative guidelines, provided by a property owner pursuant to a contract for capital improvements herein authorized, consistent with the town’s subdivision or other development regulations or requirements.
Facility expansion.
The expansion of the capacity of any existing roadway, water or wastewater improvement for the purpose of serving new development. The term does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development.
Final plat approval or approval of a final plat.
The point at which the applicant has complied with all conditions of approval for the subdivision of land and the plat has been released for filing with the Dallas County clerk.
Impact fee.
Either a fee for water facilities, a fee for wastewater facilities or a fee for roadway facilities imposed on new development by the town pursuant to this article in order to generate revenue to fund or recoup the costs of capital improvements or facility expansion necessitated by and attributable to such new development. Impact fees do not include a requirement for the dedication of rights-of-way or easements for such facilities, or a requirement for the construction of such improvements, imposed pursuant to the town’s zoning or subdivision regulations. Impact fees also do not include payment of connection charges or pro-rata charges imposed for the purpose of reimbursing developers for oversizing or constructing water or wastewater mains or lines, or other pro-rata fees for reimbursement of water or sewer mains or lines extended by the town.
Impact fee capital improvements plan.
The adopted plan, as may be amended from time to time, either for roadway improvements, which identifies the roadway facilities or roadway expansions and their associated costs for roadway improvements; for wastewater improvements, which identifies the wastewater facilities or wastewater expansions and their associated costs; or for water improvements, which identifies the water facilities or water expansions and their associated costs; which are necessitated by and which are attributable to new development for a period not to exceed ten years, which plan is incorporated by reference herein and which is to be financed in whole or in part through the imposition of impact fees pursuant to this article. The impact fee capital improvements plan may include approximate dates for commencement of identified projects, which dates are advisory.
Land use assumptions.
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 town and upon which the impact fee capital improvements 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 the use of land, any of which has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the town’s subdivision regulations, the issuance of a building permit, or connection to the town’s water or wastewater system, and which has not been exempted from these regulations by provisions herein or attached hereto.
Off-site.
Located entirely on property which is not included within the bounds of the plat being considered for impact fee assessment.
On-site.
Located at least partially on the plat which is being considered for impact fee assessment.
Plat.
The meaning given the term in the town’s subdivision regulations. Plat includes replat, exclusive of amending plats as defined under Texas Local Gov’t Code section 212.016.
Platting.
The meaning given the term in the town’s subdivision regulations. Platting includes replatting.
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, and to any improvements or appurtenances to such federal or state highway, to the extent that the town has incurred capital costs for such facilities, including without limitation local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances and rights-of-way. Roadway facility excludes those improvements or appurtenances to any roadway which is a site-related facility.
Recoupment.
The imposition of an impact fee to reimburse the town for capital improvements which the town has previously oversized to serve new development.
Service area.
For water facilities, the entire area within the corporate limits of the town, or for wastewater facilities and for roadway facilities, the area within the corporate limits of the town as described in divisions 3 and 4, respectively, of this article, within which impact fees for capital improvements or facility expansion will be collected for new development occurring within such area and within which fees so collected will be expended for those types of improvements or expansions identified in the type of impact fee capital improvements plan applicable to the service area.
Service unit.
For water or wastewater facilities, a three-quarter/one-inch water meter; for roadway facilities, a vehicle mile.
Site-related facility.
An improvement or facility which is for the primary use or benefit of a new development or group of new developments and/or which is for the primary purpose of safe and adequate provision of roadway, water or wastewater facilities to serve the new development or developments, and which is not included in the impact fee capital improvements plan, provision for which the property owner or group of owners is solely responsible under subdivision or other applicable regulations.
Study.
The “Water, Wastewater, and Roadway Impact Fee Report – November 2020” prepared by Freese & Nichols, Inc., and “Roadway Impact Fee Update Report – February 2025” prepared by Kimley-Horn and Associates, Inc., on behalf of the town, a copy of both of which are located in the town secretary’s office and incorporated by reference herein, as may be amended from time-to-time.
Utility connection.
Authorization by the town to install a water meter for connecting a new development to the town’s water system or to the town’s wastewater system.
Wastewater facility.
An improvement for providing wastewater treatment or collection service, whether or not located within the service area, including but not limited to treatment plants, interceptors or mains, lift stations or other facilities included within and comprising an integral component of the town’s treatment and collection system for wastewater. Wastewater facility includes land, easements or structures associated with such facilities. Wastewater facility excludes a water line or main which is constructed by a developer, the costs of which are reimbursed from charges paid by subsequent users of the facilities. Wastewater facility excludes a site-related facility.
Water facility.
An improvement for providing water supply, treatment and distribution service, whether or not located within the service area, including but not limited to water treatment and conveyance facilities, water interceptors or mains, pump stations, storage tanks or other facilities included within and comprising an integral component of the town’s water treatment, storage or distribution system. Water facility includes land, easements or structures associated with such facilities. Water facility excludes a water line or main which is constructed by a developer, the costs of which are reimbursed from charges paid by subsequent users of the facilities. Water facility excludes site-related facilities.
Water meter.
A device owned by the town for measuring the flow of water to a development, whether for domestic or for irrigation purposes.
(1992 Code, sec. 11.1102; Ordinance 384 adopted 6/19/03; 2006 Code, sec. 13.1102; Ordinance 20-31, sec. 3, adopted 1/11/21; Ordinance 2025-04 adopted 2/24/2025)
(a) 
The advisory committee shall consist of those persons appointed by the town council. If the 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 town 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 town, a representative from that area shall be appointed by the town council.
(b) 
The advisory committee serves in an advisory capacity and is established to:
(1) 
Advise and assist the adoption of land use assumptions;
(2) 
Review the impact fee capital improvements plan and file written comments;
(3) 
Monitor and evaluate implementation of the impact fee capital improvements plan;
(4) 
File semi-annual reports with respect to the progress of the impact fee capital improvements plan and report to the town council any perceived inequities in implementing the plan or imposing the impact fee; and
(5) 
Advise the town staff and council of the need to update or revise the land use assumptions, impact fee capital improvements plan, and impact fee.
(c) 
All professional reports concerning the development and implementation of the impact fee 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 shall be open to the public and posted at least 72 hours in advance. A majority of the membership of the committee shall constitute a quorum.
(1992 Code, sec. 11.1103; 2006 Code, sec. 13.1103)
(a) 
The town [shall] update its land use assumptions and impact fee capital improvements plans and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Gov’t Code, chapter 395, or in any successor statute, at least every 5 years, commencing from the effective date of this subsection.
(b) 
The town may review its land use assumptions, impact fees, impact fee capital improvements plans and other factors, such as market conditions, more frequently than provided in subsection (a) to determine whether the land use assumptions and impact fee capital improvements plans should be updated and the impact fee recalculated accordingly, or whether schedule 1 should be changed.
(c) 
If, at the time an update is required pursuant to subsection (a), the town council determines that no change to the land use assumptions, impact fee capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in Texas Local Gov’t Code, section 395.0575.
(d) 
Schedule 2, and the provisions of this article which do not entail changes to the land use assumptions, the impact fee capital improvements plan or schedule 1, may be amended from time to time by ordinance.
(1992 Code, sec. 11.1104; Ordinance 375 adopted 9/26/02; 2006 Code, sec. 13.1104)
(a) 
The provisions of this article apply to all new development within the corporate boundaries of the town which lies within the service area for each category of capital improvement. The provisions of this article apply uniformly within each service area.
(b) 
No final plat for new development shall be approved within a service area, nor shall a building permit or utility connection be made, unless impact fees have been assessed and collected in accordance with sections 9.03.006 and 9.03.007 of this article.
(1992 Code, sec. 11.1105; 2006 Code, sec. 13.1105)
(a) 
Assessment of an impact fee shall be made on occurrence of the events described in this section and shall establish the maximum impact fee per service unit that can be collected. Assessment shall be in accordance with schedule 1.
(b) 
For a new development which received final plat approval after November 13, 1989, assessment shall occur at the time of final plat approval, and shall be the amount of the maximum impact fee per service unit in effect on the date of final plat approval.
(c) 
For a new development on land which is unplatted at the time of a building permit or utility connection application and for which platting is not required, or for a new development which had final plat approval before November 13, 1989, and for which replatting is not required, assessment shall occur at the time a building permit or utility connection application is submitted, whichever first occurs, and shall be the amount of the maximum impact fee per service unit then in effect. If the building permit or utility connection application expires or is revoked, a new assessment shall be made upon reapplication.
(d) 
Following assessment under this section, the maximum impact fee per service unit for a development cannot be increased, unless the owner proposes to increase the number of service units for the development, in which case a new assessment for the area to be developed shall occur at the schedule 1 rate in effect at the times prescribed in this section for assessment.
(e) 
Following the vacating of any plat or submittal of any replat, a new assessment must be made in accordance with this section.
(f) 
Approval of an amended plat under Local Government Code section 212.016 and the town’s subdivision regulations will not change the assessment for the affected area.
(1992 Code, sec. 11.1106; Ordinance 375 adopted 9/26/02; 2006 Code, sec. 13.1106)
(a) 
Collection of an impact fee shall be on occurrence of the events described in this section and shall be in accordance with schedule 2.
(b) 
Impact fees shall be collected at the time the town issues a building permit, or, for a new development where no building permit is required, at the time a utility connection application is submitted.
(c) 
The amount of the impact fee per service unit to be collected shall equal the rate set forth in schedule 2.
(d) 
If the building permit or an approved utility connection application 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 schedule 2 then in effect, and previous payments of impact fees shall be credited 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 collected for such new service units shall be determined by using schedule 2 then in effect and such additional fee shall be collected at times prescribed by this section.
(f) 
For roadway facilities, no impact fee may be collected for a new development which was finally platted prior to the effective date of these regulations and for which a building permit is issued or renewed within one year of such effective date; provided, however, that a building permit that expires or is withdrawn for such development and is not renewed within such time shall be subject to collection of impact fees.
(1992 Code, sec. 11.1107; Ordinance 375 adopted 9/26/02; 2006 Code, sec. 13.1107)
(a) 
Maximum impact fees per service unit for each service area shall be established by category of capital improvements and shall be as set forth in schedule 1. The maximum impact fee per service unit for each service area for each category of capital improvement shall be computed in the following manner:
(1) 
Calculate the total eligible costs of capital improvements identified in the capital improvements plan for each category of capital improvements;
(2) 
From such amount, subtract a credit equal to that portion of ad valorem and utility service revenues generated by new service units during the program period that will be used for the payment of capital improvements that will be included in the impact fee capital improvements plans for water, wastewater or roadway facilities; and
(3) 
Divide the resulting amount by the total number of service units anticipated in the service area, based on the land use assumptions for that service area.
(b) 
The impact fee per service unit which is to be paid by each new development within a service area shall be that established in schedule 2, as may be amended from time to time, and shall be an amount less than or equal to the maximum impact fee per service unit established in subsection (a).
(c) 
Impact fee schedules 1 and 2 may be amended from time to time.
(1992 Code, sec. 11.1108; Ordinance 384 adopted 6/19/03; 2006 Code, sec. 13.1108)
(a) 
The number of service units for a new development shall be determined by using the land use equivalency table in the study.
(b) 
In determining the number of service units for water and wastewater facilities, the following rules shall apply:
(1) 
No service units will be attributed to the expansion of a building or land use that has a water meter on the effective date of this amendatory ordinance, as long as the existing water meter is not increased in size. If the meter size is increased, the number of service units will be based upon the increase in capacity of the meter.
(2) 
In determining the number of service units for wastewater impact fees, no service units will be attributed to irrigation meters.
(3) 
If a new development does not require a water meter for water or wastewater service, or does not generate the need for water or wastewater service, no service units will be attributable to the development.
(4) 
In determining wastewater impact fees due, no service units will be attributed to conversion in the method of wastewater collection from an existing septic system to a wastewater main.
(1992 Code, sec. 11.1109; Ordinance 375 adopted 9/26/02; Ordinance 384 adopted 6/19/03; 2006 Code, sec. 13.1109; Ordinance 20-31, sec. 3, adopted 1/11/21)
(a) 
Impact fees due for the new development shall be determined by multiplying the number of service units generated by the new development by the impact fee due per service unit using schedule 2. The number of service units shall be determined according to section 9.03.009.
(b) 
The determination of impact fees shall be reduced by any allowable credits for the category of capital improvements as provided by section 9.03.011.
(c) 
The total amount of impact fees due shall be attached to the subdivision application, or, if to be paid at some later date, to the request for other permit or connection.
(1992 Code, sec. 11.1110; 2006 Code, sec. 13.1110)
(a) 
A property owner who constructs a roadway facility, a water facility or a wastewater facility pursuant to an agreement authorized under section 9.03.016 may reduce impact fees due for the property for that category of capital improvement by the amount determined under subsection (c). The credit shall be associated with the plat or plats of the property that will be served by the capital improvement constructed.
(b) 
The improvements agreement executed pursuant to section 9.03.016 may provide for participation by the town in the costs of the capital improvement to be constructed by the property owner, as provided in the town’s subdivision regulations. The amount of any credit shall be reduced by the amount of the town’s participation.
(c) 
The amount of a credit shall be determined pursuant to rules established in this section or pursuant to administrative guidelines promulgated by the town. The following rules shall apply:
(1) 
No credits shall be given for capital improvements which are not identified within the applicable impact fee capital improvements plan, unless otherwise agreed to by the town.
(2) 
The costs used to calculate the credits shall not exceed those assumed for the capital improvements included in the impact fee capital improvements plan.
(3) 
No credits shall be given for the dedication or construction of site-related facilities.
(4) 
The amount of the credits shall not exceed the costs of constructing the improvement multiplied by a fraction, the numerator of which is the impact fee per service unit due for the new development using schedule 2 and the denominator of which is the maximum impact fee per service unit using schedule 1.
(5) 
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.
(d) 
A credit associated with a plat shall be applied to reduce impact fees due at the time of final plat approval, for single-family residential developments. For all other developments, and for credits acquired after final plat approval, the credit shall be applied to reduce an impact fee at the time of application for the first building permit for the property, and, thereafter, to all subsequently issued building permits, until the credit or offset is exhausted; provided, however, that a different application of credits may be provided by agreement authorized under section 9.03.016.
(1992 Code, sec. 11.1111; Ordinance 375 adopted 9/26/02; Ordinance 384 adopted 6/19/03; 2006 Code, sec. 13.1111)
(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.
(c) 
Impact fees and the interest earned thereon may be used to finance or to recoup the costs of any capital improvements or facility expansion identified in the applicable impact fee capital improvements plan for the service area, including but not limited to the construction contract price, surveying and engineering fees, and land acquisition costs (including land purchases, court awards and costs, attorney’s fees, and expert witness fees). Impact fees and interest earned thereon may also 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 town to finance such capital improvements or facility expansion. Impact fees also may be used to pay the fees actually or contractually paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the town, whether or not such costs are included in the calculation of the maximum impact fee per service unit.
(d) 
Impact fees and interest earned thereon shall not be used to pay for any of the following expenses:
(1) 
Construction, acquisition or expansion of capital improvements or assets other than those identified in the applicable impact fee capital improvements plan;
(2) 
Repair, operation, or maintenance of existing or new capital improvements or facility expansion;
(3) 
Upgrade, expansion or replacement of existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
(4) 
Upgrade, expansion, or replacement of existing capital improvements to provide better service to existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or
(5) 
Administrative and operating costs of the town.
(e) 
The town shall establish adequate financial and accounting controls to ensure that impact fees and interest earned thereon which are disbursed from the accounts herein established are utilized solely for the purposes authorized in this section. Disbursement of funds shall be authorized by the town at such times as are reasonably necessary to carry out the purposes and intent of this article; provided, however, that funds shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date impact fees are deposited into the account.
(f) 
The town shall maintain financial records for impact fees collected, which will show the source and disbursement of all fees collected and/or expended within each service area. The records of the accounts into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The town may establish a fee for copying services.
(1992 Code, sec. 11.1112; 2006 Code, sec. 13.1112)
(a) 
Upon application, any impact fee or portion thereof collected pursuant to this article, which has not been expended as authorized herein within 10 years from the date of payment, shall be refunded to the record owner of the property for which the impact fee was 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 V.T.C.A., Finance Code, section 302.002, or its successor statute. An impact fee shall be considered expended on a first-in, first-out basis.
(b) 
If a refund is due pursuant to this section, 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.
(c) 
If a tract of land for which an impact fee has been paid is replatted, resulting in a reduction in the number of service units, and the new impact fee to be collected is less than that paid, the town shall refund the difference, provided that water meters to serve the development have not been installed.
(d) 
The owner of the property on which an impact fee has been paid or another political subdivision or governmental entity that paid the impact fee has standing to sue for a refund under this section.
(e) 
If the building permit for a new development for which an impact fee has been paid has expired, no utility connections for that category of capital improvements have been made to the development, and a modified or new application has not been filed within six months of such expiration, the town shall, upon written application, rebate the amount of the impact fee paid at the time of building permit to the record owner of the property for which the impact fee was paid. If no application for rebate pursuant to this subsection has been filed within this period, no rebate shall become due.
(f) 
If a refund is made pursuant to this section, and service is ultimately provided to the unit of new development for which the impact fee was originally paid, the town may assess and collect an impact fee for such unit of new development pursuant to the rules of this article then in effect and utilizing schedules 1 and 2 then in effect.
(1992 Code, sec. 11.1113; Ordinance 375 adopted 9/26/02; Ordinance 474, sec. 4, adopted 11/12/07; 2006 Code, sec. 13.1113)
(a) 
The property owner or applicant for new development may appeal the following administrative decisions to the town council:
(1) 
The applicability of an impact fee to the development;
(2) 
The amount of the impact fee due;
(3) 
The denial of or the amount of a credit;
(4) 
The application of a credit against an impact fee due; or
(5) 
The amount of a refund due, if any.
(b) 
The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining credits.
(c) 
The appellant must file a written notice of appeal with the town within thirty days following the decision. If the notice of appeal is accompanied by a payment in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending.
(1992 Code, sec. 11.1114; 2006 Code, sec. 13.1114)
(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 town 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 duty be performed within sixty days of the request. If the town 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 60 days of the date of the request and to continue until completion. This subsection is not applicable to matters which may be appealed pursuant to section 9.03.014.
(b) 
The town council may grant a variance 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 result in confiscation of the property when regarded as a whole.
(c) 
The town council may waive all or a portion of impact fees due for new governmental, industrial or commercial development, upon written request by the developer or owner of property subject to the ordinances, following a public hearing, upon finding that such waiver substantially furthers the town’s goals of promoting economic development, as may be set forth in the town’s goals of promoting economic development, [sic] as may be set forth in the town’s goals, policies and regulations. In granting such waiver, the town council shall make findings relating to such purposes and shall take into consideration the extent to which other incentives and waivers have been granted the development pursuant to then-existing laws and regulations.
(1992 Code, sec. 11.1115; Ordinance 407, sec. 2, adopted 8/8/05; 2006 Code, sec. 13.1115)
(a) 
The 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 town, by entering into an agreement with the town prior to the issuance of any building permit for the development. The agreement shall be on a form approved by the town, and shall identify the estimated costs of the improvement or expansion, schedule for initiation and completion of the improvement or expansion, a requirement that the improvement be designed and completed to town standards and such other terms and conditions as deemed necessary by the town. The agreement shall provide for the method to be used to determine the amount of the credit to be given against impact fees due for the development, and may provide for a method of assigning credits to individual lots or tracts which is different from that required pursuant to section 9.03.011. The agreement also may provide the time of collection of impact fees which varies from the provisions of section 9.03.007.
(b) 
In the event that the town elects to reimburse an owner for the dedication, construction or financing of a capital improvement or facility expansion designated in the impact fee capital improvements plan, the terms of reimbursement shall be incorporated in the agreement required by this section.
(c) 
The town may enter into a capital improvement plan reimbursement agreement (CIPRA) with a developer who is constructing a qualified CIP facility. For purposes hereof a qualified CIP facility shall mean a water or wastewater facility that connects to a municipal water distribution line, a wastewater collection line, pumping or treatment facility, or a roadway facility that connects to an existing roadway shown on the town(s) master transportation plan, and such facility: (i) serves all or part of the new development; (ii) is a part of the town(s) capital improvements plan (CIP); and (iii) has been dedicated to the town and accepted; and (iv) the eligible costs have been approved. No interest shall accrue or be payable on any expenditures made by a developer. No interest accrued on impact fees deposited by the town shall be paid out except in accordance with subsection (c)(2). In determining the terms of any reimbursement due under an agreement for capital improvements required by this section, the town shall employ the following rules:
(1) 
(A) 
Wastewater impact fees.
Wastewater impact fees collected for a connection in a new development that is served by and dependent upon the wastewater qualified CIP facility shall be paid out on annual basis within sixty (60) days of such year-end with the first such payment hereunder being due March 1, 2004, in the following order: first, for reimbursing, to the extent of approved unreimbursed expenses, the developer constructing the first (in chronological time) segment of the qualified CIP facility that serves the connection in the new development. Disbursements to this developer shall continue until such impact fees have been exhausted or all of the developer’s approved reimbursement expenses have been paid. If the funds are not all paid out, or are not required to be paid out under this section because the requirements of approval or the facility are not met, then such remaining funds shall be paid, second, for reimbursing, to the extent of approved unreimbursed expenses, the developer who constructed the second (in chronological time) segment of the qualified CIP facility that serves the new development. Disbursements to this developer shall continue until such impact fees have been exhausted or all of the developer’s approved reimbursement expenses have been paid. Disbursement shall continue in order and in such fashion described above, to other developers who have constructed qualified CIP facilities that serve the new development. If the funds are not all paid out, or are not required to be paid out under this section because the requirements of approval or the facility are not met, then such remaining funds shall be paid, third, for reimbursing, to the extent of approved unreimbursed expenses, the developer of such new development, who has constructed a qualified CIP facility serving that development. Upon reimbursement of such developer’s approved costs any remaining wastewater impact fees from that development shall be paid out in accordance with subsections (c)(2) and (3) below, until exhaustion of such remaining impact fee funds.
(B) 
Water impact fees.
Water impact fees collected from a connection in a new development shall be paid out, to the extent of approved unreimbursed costs, on an annual basis within sixty (60) days of such year-end with the first such payment hereunder being due March 1, 2004, to the developer of such new development, who has constructed a water qualified CIP facility. Upon reimbursement of such developer’s approved costs any remaining water impact fees from that development shall be paid out in accordance with subsections (c)(2) and (3) below, until exhaustion of such remaining impact fees.
(C) 
Roadway impact fees.
Roadway impact fees collected from a connection in a new development shall be paid out, to the extent of approved unreimbursed costs, on an annual basis within sixty (60) days of such year-end with the first such payment hereunder being due March 1, 2004, to the developer of such new development, who has constructed a roadway qualified CIP facility. Upon reimbursement of such developer’s approved costs any remaining roadway impact fees from that development shall be paid out in accordance with subsections (c)(2) and (3) below, until exhaustion of such remaining impact fees.
(2) 
Other collected impact fees, if not paid out in accordance with subsection (c)(1) of this section, shall be paid out on annual basis within sixty (60) days of such year-end with the first such payment hereunder being due March 1, 2004, according to the following formula: the total type of impact fees for the service area, collected for such year, shall be multiplied by a fraction, the numerator of which shall be the particular approved unreimbursed qualified CIP facility cost incurred by a particular developer operating under an approved CIPRA and the denominator of which shall be the cost of all approved unreimbursed capital improvements plan facilities of the same type in the service area, whether by the town or a developer. The town shall receive all impact fees not paid out to developers in accordance with the foregoing. All costs of facilities in the capital improvements plan, which are to be constructed by the town, shall be deemed to be approved the year in which such construction commences.
(3) 
If a CIPRA has not been executed before the later of: (i) December 1, 2003 or (ii) at the time impact fees are collected from developments directly connected to a qualified CIP facility constructed by the developer, or if all reimbursements have been made pursuant to a CIPRA, the town may use such impact fee proceeds for any purpose authorized under this article.
(4) 
Payments to a developer from impact fee proceeds authorized under this subsection shall be made at the time and in the manner provided in the CIPRA. The town in its sole discretion may accelerate payments to a developer of a qualified CIP facility from other funds. All payments to developers in accordance with this subsection (c) shall terminate ten years from the execution date set forth in the CIPRA; however, the town council may extend the CIPRA beyond ten years for good cause shown.
(5) 
For good cause, a developer may appeal to the town council to determine a different method of reimbursing the developer with impact fee monies. The town council shall consider the intent of the impact fee statute, the interests of all other affected parties, including other developers and town approved, whether or not constructed, projects, when determining whether or not to vary from the foregoing order of payments.
(6) 
All CIPRAs shall terminate when the town discontinues its impact fee program. Upon such termination the town shall owe no obligation to any party for unreimbursed expenses other than to pay out collected impact fees that have not been paid out as a reimbursement at the time the impact fee program is discontinued.
(1992 Code, sec. 11.1116; Ordinance 386 adopted 9/9/03; Ordinance 421, sec. 2, adopted 5/22/06; 2006 Code, sec. 13.1116)
(a) 
The town may finance capital improvements or facility expansion designated in the impact fee capital improvements plan through the issuance of bonds, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees.
(b) 
Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property.
(1992 Code, sec. 11.1117; 2006 Code, sec. 13.1117)
(a) 
Impact fees established by this article are additional and supplemental to, and not in substitution of, any other requirements imposed by the town on the development of land or the issuance of building permits or certificates of occupancy. Such fee is intended to be consistent with and to further the policies of the town’s comprehensive land use plan, the impact fee capital improvements plan, the zoning ordinance, subdivision regulations and other town policies, ordinances and resolutions by which the town seeks to ensure the provision of adequate public facilities in conjunction with the development of land.
(b) 
This article is not intended to replace or supersede the town’s subdivision regulations or any provision thereof requiring the dedication, extension or construction of water, wastewater or roadway facilities, and is deemed hereby to be consistent with such provisions.
(c) 
The cost of capital improvements per service unit for any category of capital improvement determined pursuant to this article may be used in determining whether a condition imposed under the town’s development regulations requiring the dedication or construction of the same category of capital improvement is proportional to the nature and extent of the impacts on the town’s facilities created by a proposed new development.
(1992 Code, sec. 11.1118; Ordinance 375 adopted 9/26/02; 2006 Code, sec. 13.1118)
The following schedules and exhibits, on file in the office of the town secretary, are adopted herein and made a part of this article as if fully set forth:
Schedule 1
Impact Fee Assessment Schedule
Schedule 2
Impact Fee Collection Schedule
Exhibit A
Land Use Assumptions
Exhibit B
Equivalency Table
Exhibit C
Water Service Area
Exhibit D
Water and Wastewater Impact Fee Town Improvement Plans
Exhibit E
Wastewater Service Area
Exhibit F
Roadway Service Area
Exhibit G
Roadway Impact Fee Capital Improvements Plan
(1992 Code, sec. 11.1125; Ordinance 375 adopted 9/26/02; Ordinance 384 adopted 6/19/03; 2006 Code, sec. 13.1132)