This article shall be known and cited as the city’s impact
fee regulations.
This article is intended to assure the provision of adequate
public 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.
This article is adopted pursuant to Texas Local Government Code
chapter 395 and the city’s city charter. Chapter 395 supplements
this article to the extent that its provisions may be applicable hereto
and, to such extent, its provisions are incorporated herein by reference.
The provisions of this article shall not be construed to limit the
power of the city to utilize 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.
The determination of the amount of the maximum impact fee
per service unit which can be imposed on new development pursuant
to this article.
Any water supply, treatment, and distribution; wastewater
collection and treatment; and roadway that have a life expectancy
of three or more years and are owned and operated by or on behalf
of the city including the city’s share of costs for infrastructure
and associated improvements designated on a city’s master plan
but constructed by another entity.
A plan approved by the city council that identifies capital
improvements or facility expansions for which impact fees may be assessed.
This may be different from the council approved five-year CIP plan.
The City of Greenville, Texas.
The city council of the City of Greenville, Texas.
The city manager of the City of Greenville, Texas, or his
or her designee.
An amount equal to 50 percent of the total projected cost
of implementing the capital improvements plans. This 50 percent credit
reduction is an alternative to determining an amount equal to the
portion of ad valorem tax revenues and utility 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. (Credit is not to be confused with
offset which is defined below.)
Is the expression of the size of each land use planned within
a particular development and used for the calculation of roadway impact
fees to compute the number of service units consumed by each individual
land use application.
April 22, 2022.
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. The
term does not include the repair, maintenance, modernization, or expansion
of an existing facility to better serve existing development.
The point at which the applicant has complied with all conditions
of approval and the plat has been released for filing with Hunt County.
Either a fee for water facilities, a fee for wastewater facilities
or a fee for roadway imposed on new development by the city pursuant
to this article in order to generate revenue to fund or recoup all
or part of the costs of capital improvements or facility expansion
necessitated by and attributable to such 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 article. The term is inclusive of both the maximum
assessable Impact Fee and the Impact Fee collection rate as herein
described.
This term does not include 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.
Either a water improvements plan, a wastewater improvements
plan or a roadway capital improvements plan adopted or revised pursuant
to these impact fee regulations.
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 and approved by the city council,
as may be amended from time to time.
Tables set forth in the impact fee study that provide the
standardized measure of consumption or use of roadway facilities attributable
to a new development. The LUVMET expresses the number of Service Units
consumed by each individual land use application as vehicle miles
per development unit.
The Impact Fee that is established for each service area
computed by calculating the total projected costs of capital improvements
necessitated by and attributable to new development and subtracting
a credit to be generated by new service units, including the payment
of debt, associated with the impact fee capital improvement plans,
and then dividing that amount by the total number of service units
anticipated within the service area based upon the land use assumptions.
The maximum impact fee shall be established. The city may adopt an
impact fee collection rate that is less than this amount, but in no
instance shall the impact fee exceed the maximum assessable impact
fee except by amendment of this article.
A project involving the subdivision of land and/or the construction,
reconstruction, redevelopment, conversion, structural alteration,
relocation, or enlargement of any structure, or any use or extension
of the use of land which has the effect of increasing the requirements
for capital improvements, measured by an increase in the number of
service units to be generated by such activity, and which requires
either the approval and filing with the county of a plat pursuant
to the city’s subdivision ordinance or the issuance of a building
permit.
The amount of the reduction of an impact fee reflecting the
value of any construction of, contributions to, or dedications of
a system facility agreed to or required by the city as a condition
of development approval, pursuant to rules herein established or pursuant
to administrative guidelines which value shall be credited on an actual
cost basis against capital improvements. Impact fees otherwise due
from the development. (Offset is not to be confused with “credit,”
which is defined above).
An owner of real property, or an agent, employee, applicant
or representative thereof who is authorized to act on the real property
owner’s behalf, or a person who is subject to and/or has paid
an impact fee.
Has the meaning given the term in the city’s subdivision
regulations. Plat includes replat.
Any person, corporation, legal entity or agent thereof having
a legal or equitable interest in the land for which an impact fee
becomes due. Property owner includes the developer for the new development.
The imposition of an impact fee to reimburse the city for
capital improvements which the city has previously oversized to serve
new development.
Any freeway, expressway, principal or minor arterial or collector
roadways designated in the city’s adopted thoroughfare plan,
as may be amended from time to time. Roadway also includes any roadway
designated as a numbered highway on the official federal or state
highway system, to the extent that the city incurs capital improvement
costs for such 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 city 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.
The expansion of the capacity of an existing roadway in the
city, but does not include the repair, maintenance, modernization,
or expansion of an existing roadway to better serve existing development.
The adopted plan, as may be amended from time to time, which
identifies the roadway facilities or roadway expansions and their
costs for each road service area, which are necessitated by and which
are attributable to new development, for a period not to exceed 10
years, which are to be financed in whole or in part through the imposition
of road facilities fees pursuant to this article.
Either a water service area, a wastewater service area or
a roadway service area within the city or (except for roadway services
areas) within the city’s extraterritorial jurisdiction, within
which impact fees for capital improvements or facility expansion may
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 capital improvements plan
applicable to the service area.
For water or wastewater facilities, a living unit equivalent
based upon a 5/8" by 3/4" displacement type water meter, which serves
as the standardized measure of consumption, use or generation attributable
to the new unit of development; for roadway facilities, service unit
means a vehicle mile.
An improvement or facility which is for the primary use or
benefit of a new development and/or which is for the primary purpose
of safe and adequate provision of roadway, water or wastewater facilities
to serve the new development, and which is not included in the impact
fees capital improvements plan and for which the developer or property
owner is solely responsible under subdivision or other applicable
regulations or which is located at least partially on the plat which
is being considered for Impact Fee Assessment.
A capital improvement or facility expansion which is designated
in the impact fee capital improvements plan, and which is not a site-related
facility. System facility may include a capital improvement which
is located offsite, or within or on the perimeter of the development
site.
A wastewater interceptor or main, lift station, water transmission
line or main, pump station, storage tank, water supply facility, treatment
facility or other facility included within and comprising an integral
component of the city’s water storage or distribution system.
Water facility includes land, easements or structures associated with
such facilities. Water facility excludes site-related facilities.
The expansion of the capacity of any existing water facility
for the purpose of serving new development, but does not include the
repair, maintenance, modernization, or expansion of an existing water
improvement to serve existing development.
The adopted plan, as may be amended from time to time, 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 10 years, and which are to
be financed in whole or in part through the imposition of water facilities
impact fees pursuant to this article.
A device for measuring the flow of water to a development,
whether for domestic or for irrigation purposes.
A wastewater interceptor or main, lift station, treatment
facility or other facility included within and comprising an integral
component of the city’s collection and transmission system for
wastewater. Wastewater facility includes land, easements or structures
associated with such facilities. Wastewater facility excludes a site-related
facility.
The expansion of the capacity of any existing wastewater
improvement for the purpose of serving new development, but does not
include the repair, maintenance, modernization, or expansion of an
existing sewer facility to serve existing development.
The adopted plan, as may be amended from time to time, which
identifies the wastewater facilities or wastewater expansions and
their associated costs which are necessitated by and which are attributable
to new development, for a period not to exceed 10 years, and which
are to be financed in whole or in part through the imposition of wastewater
facilities fees pursuant to this article.
The impact fee study dated September 2021 is hereby approved
and adopted for all purposes consistent with this article. Copy of
the impact fee study posted on the city’s website.
For water and wastewater impact fees, the city is included as
one service area. For roadway impact fees, the city is hereby divided
into three service areas as shown on the official service area map.
The official service area maps which, together with all explanatory
matter thereon, is hereby adopted by reference and declared to be
a part of this article. The official service area maps shall be identified
in the study adopted.
(a)
A water impact fee shall be assessed and charged against new development
in the service area as set forth below.
|
Meter Size (Based on Water Meter)
|
Maximum Continuous Operating Capacity (GPM)*
|
Service Units
|
Maximum Assessable Water Impact Fee
|
Collection Rate
|
|---|---|---|---|---|
|
3/4"
|
$4,478.00
|
1
|
$2,354.00
|
$1,657.00
|
|
1"
|
$7,478.00
|
1.67
|
$3,930.00
|
$2,767.00
|
|
1-1/2"
|
$14,912.00
|
3.33
|
$7,835.00
|
$5,518.00
|
|
2"
|
$23,868.00
|
5.33
|
$12,541.00
|
$8,832.00
|
|
3"
|
$104,472.00
|
23.33
|
$54,895.00
|
$38,658.00
|
|
4"
|
$194,032.00
|
43.33
|
$101,955.00
|
$71,798.00
|
|
6"
|
$417,932.00
|
93.33
|
$219,605.00
|
$154,648.00
|
|
8"
|
$716,480.00
|
160
|
$376,480.00
|
$265,120.00
|
|
10"
|
$1,044,852.00
|
233.33
|
$549,259.00
|
$386,628.00
|
|
* Operating capacities obtained from American Water Works Association
(ASSA) C-700-15 and C-701-15
|
(b)
A wastewater impact fee shall be assessed and charged against new
development in the service area as set forth below.
|
Meter Size (Based on Water Meter)
|
Maximum Continuous Operating Capacity (GPM)*
|
Service Units
|
Maximum Assessable Wastewater Impact Fee
|
Collection Rate
|
|---|---|---|---|---|
|
3/4"
|
15
|
1
|
$1,922.00
|
$1,913.00
|
|
1"
|
25
|
1.67
|
$3,210.00
|
$3,195.00
|
|
1-1/2"
|
50
|
3.33
|
$6,400.00
|
$6,370.00
|
|
2"
|
80
|
5.33
|
$10,244.00
|
$10,196.00
|
|
3"
|
50
|
23.33
|
$44,840.00
|
$44,630.00
|
|
4"
|
650
|
43.33
|
$83,280.00
|
$82,890.00
|
|
6"
|
1400
|
93.33
|
$179,380.00
|
$178,540.00
|
|
8"
|
2400
|
160
|
$307,520.00
|
$306,080.00
|
|
10"
|
3500
|
233.33
|
$448,460.00
|
$446,360.00
|
|
* Operating capacities obtained from American Water Works Association
(ASSA) C-700-15 and C-701-15
|
(c)
A roadway impact fee shall be assessed and charged against new development
in the service area as set forth below.
|
Service Area
|
Maximum Fee Per Service Unit
(per Vehicle-Mile)
|
Collection Rate Per Service Unit
(per Vehicle-Mile)
|
|---|---|---|
|
1
|
$2,091
|
$1,225
|
|
2
|
$1,776
|
$1,225
|
|
3
|
$2,053
|
$1,225
|
(d)
The collection rates per service unit will be reduced their total
impact fees due based on the following conditions:
(1)
Nonprofits will be reduced by 75%. The nonprofit must be 501(c)(3)
and the owner of the building.
(2)
Dining uses identified in the impact fee study’s LUVMET will
be reduced by 50%.
(3)
Other retail uses identified in the impact fee study’s LUVMET
will be reduced by 50%.
(4)
Institutional uses identified in the impact fee study’s LUVMET
will be exempt from impact fees.
No final plat for new development shall be released for recordation
and no building permit shall be issued without the assessment of applicable
impact fees pursuant to this article. Except as otherwise provided
in this article, no building permit shall be issued until the owner
has paid the city all applicable impact fees due.
(a)
Assessment of the impact fees for any new development shall be based
on the applicable impact fees per service unit in the applicable service
area in effect at the time of assessment. No act by the city is required
to assess impact fees.
(b)
For a new development which has received final plat approval before
the effective date, assessment of impact fees shall occur at the time
of recordation of the final plat.
(c)
For land which is not required to be platted at time of the application
for a building permit or water meter, assessment of impact fees shall
occur at the time of application for building permit or water meter.
(d)
For a new development which has received final plat approval on or
after the effective date, assessment of impact fees shall occur at
the time of recordation of the final plat.
(e)
After assessment of the impact fees attributable to a new development
or execution of an agreement for payment of impact fees, additional
impact fees or increases in fees may not be assessed against the tract
unless the number of service units to be developed on the tract increases.
In the event of the increase in the number of service units, the impact
fees to be imposed are limited to the amount attributable to the additional
service units.
(f)
The city manager shall compute the impact fees for new development.
The total amount of impact fees for the new development shall be attached
to the development application as a condition of approval.
The city may offset the improvements or funding for construction
of any system facility included on the identified impact fee capital
improvements plan that is required or agreed to by the city, pursuant
to rules established in this section and administrative guidelines.
(1)
General credit.
The city shall apply against assessed
impact fees a credit equal to 50 percent of the total projected cost
of implementing the impact fee capital improvements plan. This credit
is already reflected in the maximum assessable impact fee.
(2)
Offsets by developer.
Before impact fees can be reduced
by offsets authorized under this section, the owner of the property
shall apply for offsets based on actual costs with the city. Unless
the agreement specifies otherwise, an offset associated with a plat
shall be applied when the first building permit is submitted and to
each subsequent building permit application to reduce the impact fees
due until the amount associated with offset is exhausted.
(3)
Roadway offsets.
Any construction of, contributions
to, or dedications of roadway facilities that are system-related facilities
included on the identified capacity plans and that are agreed to or
required by the city as a condition of development approval shall
be offset against assessed roadway impact fees. To the extent that
a credit under this subsection exceeds the roadway impact fees for
service units attributable to an owner’s new development, the
offset shall be applied against the roadway impact fees for service
units attributable to each new development of the owner that is located
on a tract of land that was contained in the same preliminary plat
of the new development for which the offset was granted unless there
is a specific agreement.
(4)
Water offsets.
Any construction of, contributions to,
or dedications of water facilities that are system-related facilities
included on the identified impact fee capital improvements plan and
that are agreed to or required by the city as a condition of development
approval shall be offset against assessed water impact fees. To the
extent that a credit under this subsection exceeds the water impact
fees for service units attributable to an owner’s new development,
the offset shall be applied against the water impact fees for service
units attributable to each other new development of the owner that
is located on a tract of land that was contained in the same preliminary
plat of the new development for which the credit was granted.
(5)
Wastewater offsets.
Any construction of, contributions
to, or dedications of wastewater facilities that are system-related
facilities included on the identified impact fee capital improvements
plan and that are agreed to or required by the city as a condition
of development approval shall be offset against assessed wastewater
impact fees. To the extent that a credit under this subsection exceeds
the wastewater impact fees for service units attributable to an owner’s
new development, the offset shall be applied against the wastewater
impact fees for service units attributable to each other new development
of the owner that is located on a tract of land that was contained
in the same preliminary plat of the new development for which the
credit was granted.
(6)
No offsets for rights-of-way or easements.
Rights-of-way
and easements are not included in the study, and no offsets shall
be granted for the dedication of rights-of-way or easements. Rights-of-way
and easements are dedicated as required by the ordinances of the city,
necessitated by and attributable to a new development, and do not
exceed the amount required for infrastructure improvements that are
roughly proportionate to the new development.
(a)
Impact fees shall be collected and paid at the time of issuance of
a building permit or water meter for a new development.
(b)
For a new development that received final plat approval before the
effective date, impact fees may not be collected on any service unit
for which a valid building permit is issued within one year after
the effective date; provided, however, that such a service unit shall
be subject to the collection of impact fees upon the submission of
a subsequent application for a building permit if the subsequent application
is not submitted and approved within one year after the effective
date. For land that does not have to be platted, impact fees may not
be collected on any service unit for which a valid building permit
is issued within one year after the effective date.
(c)
The city shall compute the roadway impact fees to be paid and collected
for the new development in the following manner:
(1)
Determine the number of development units for each land use category
in the new development using the land use equivalency table (LUVMET)
then in effect.
(2)
Multiply the number of development units for each land use category
in the new development by the vehicle miles (per development unit)
for each such land use category also found in land use equivalency
table (LUVMET) then in effect to determine the number of service units
attributable to the new development.
(3)
The amount of roadway impact fees to be collected shall be determined
by multiplying the number of service units for the new development
by the roadway impact fee per service unit for the applicable service
area and applicable land use and shall be calculated at the time of
application for and in conjunction with the issuance of a building
permit.
(d)
Where an application for a building permit is for a “shell”
or speculative building, the amount of the roadway impact fee shall
be calculated assuming that the entire building will be used as either “general
office,” “light industrial,” or “shopping
center” as shown in the land use equivalency table (LUVMET).
Where a subsequent application for a building permit is made for the
finish-out of the shell building, or portion thereof, for the ultimate
use, an additional roadway impact fee shall be charged and paid if
the ultimate use is different from “general office,” “light
industrial,” or “shopping center.”
(e)
An applicant may submit an alternative service unit computation based
upon a trip generation study as defined by the Institute of Transportation
Engineers for the proposed land use not included in the land use equivalency
table (LUVMET).
(f)
The city shall compute the water and wastewater impact fees by water
meter size.
(g)
Master planned projects, including subdivisions containing multiple
phases, and whether approved before or after the effective date of
the impact fee regulations, may apply for offsets against impact fees
for the entire project based upon improvements or funds toward construction
of system facilities, or other capital improvements supplying excess
capacity. Offsets shall be spent within the same service area utilizing
a methodology approved by the city and be approved via developer agreement.
(a)
Pursuant to Texas Local Government Code chapter 395, a public school
district is not required to pay an Impact Fee imposed under this article
unless the board of trustees of the district consents to the payment
of the fees by entering a contract with the city imposing the fees.
(b)
For roadway impact fees, existing occupied buildings within the last
year which are not being demolished and the total square footage is
modified by less than 1,000 additional square feet will not be charged
a roadway impact fee for the original square footage and expansion
of up to 1,000 square feet.
(c)
Affordable housing, development that qualifies as affordable housing
under 42 U.S.C. § 12745, as amended, and is participating in
an affordable housing development program such as HOME, Housing Trust
Fund, Low Income Housing Tax Credit, or Habitat for Humanity, is exempt
from roadway impact fee collection. An applicant for affordable housing
exemption shall make application for same by letter to the planning
director. The letter shall describe the development, its location
and number of housing units, and shall include written verification
from the responsible agency that the subject property is an active
participant in an affordable housing development program as described
above. If the fee is not paid and the affordable housing is not built
or the development subsequently is not qualified as affordable housing,
the city shall assess and collect the roadway impact fee that was
applicable at the time of the issuance of the building permit(s) for
the development.
(a)
The impact fees collected within each service area may be used to
finance, pay for or to recoup the costs of any capital improvements
identified in the impact fee capital improvements plan for the service
area, including the construction contract price, surveying and engineering
fees.
(b)
Impact fees may be used to pay for the contract services of an independent
qualified engineer or financial consultant preparing or updating the
impact fee capital 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 improvements in
the impact fee capital improvements plan.
(d)
The city’s finance department shall establish an account to
which interest is allocated for each service area which interest earned
on the impact fees shall be considered funds of the account and shall
be used solely for the purposes authorized in this article.
(e)
The city’s finance department shall maintain and keep financial
records for impact fees which shows the source and disbursement of
all fees collected in or expended from each service area to be provided
in the semiannual report to the capital improvements advisory committee.
(f)
The city will present the financial records for impact fees to the
capital improvements advisory committee twice a year and shall be
open for public inspection.
Impact Fees established by this article are additional and supplemental
to, and not in substitution of, any other requirements imposed by
the city on the development of land or the issuance of building permits
or certificates of occupancy. Such impact fees are intended to be
consistent with and to further the policies of the subdivision regulations,
and other city policies, ordinances and resolutions by which the city
seeks to ensure the provision of adequate public facilities in conjunction
with the development of land. This article shall not affect, in any
manner, the permissible use of property, density of development, design,
and improvement standards and requirements, or any other aspect of
the development of land or provision of public improvements subject
to the zoning and subdivision regulations or other regulations and
policies of the city, which shall be operative and remain in full
force and effect without limitation with respect to all such development.
(a)
The city shall update its land use assumptions and impact fee capital
improvements plan based in accordance with Texas Local Government
Code chapter 395.
(a)
Refunds.
Upon payment of an Impact Fee, any portion
that is not expended in the Service Area within ten (10) years from
the date of payment shall be refunded to the record Owner of the property
at the time the refund is paid (LGC 395.025). Impact Fees shall be
accounted for and expended on a first-in, first-out basis.
(b)
Rebates.
If the building permit for a New Development
for which no vertical construction has occurred, 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 request, rebate the amount of the Impact Fee to the record
Owner of the property for which the Impact Fee was paid. If no request
for rebate pursuant to this subsection has been filed within this
period, no rebate shall become due.
(c)
Appeals.
The Owner for New Development may appeal the
applicability or amount of the Impact Fee or the availability of Offsets
or Refunds to the city manager or his/her designee using the following:
(1)
Burden of proof.
The burden of proof shall be on the
owner to demonstrate that the owner is entitled to relief.
(2)
Notice of appeal.
Within 30 days following the decision
being appealed, the owner shall submit to the city manager a written
notice of appeal that states the basis for the appeal with particularity.
To the extent the owner relies on any studies or other documents as
evidence that the owner is entitled to relief, the owner shall submit
such studies and documents with the notice of appeal.
(3)
Resolution of appeal.
The city manager or his/her designee
will respond to the appeal within 30 days of receipt of completed
appeal packet as described above.
(4)
Consideration of appeal by city council.
After the determination
of the city manager, the owner may petition the city council. The
appeal should be filed within 30 days of the city manager or his/her
designee’s decision. To the extent that the city council’s
action on the appeal requires the owner to pay an impact fee, the
owner shall promptly pay the impact fee within five business days
after the city council’s action on the appeal. The city council’s
action on the appeal shall constitute the city’s final decision
on the matter appealed.
(5)
Costs.
An owner shall bear all costs of the owner’s
appeal under this article.
(Ordinance 22-040 adopted 4/12/22)
