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.
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.
Capital improvement.
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.
Capital improvements plan.
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.
City.
The City of Greenville, Texas.
City manager.
The city manager of the City of Greenville, Texas, or his
or her designee.
Credit.
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.)
Development unit(s).
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.
Facilities expansion.
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.
Impact fee.
(1)
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.
(2)
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.
Impact fee capital improvements plan.
Either a water improvements plan, a wastewater improvements
plan or a roadway capital improvements plan adopted or revised pursuant
to these impact fee regulations.
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 and approved by the city council,
as may be amended from time to time.
Land use vehicle-mile equivalency table or LUVMET.
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.
Maximum assessable impact fee.
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.
New development.
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.
Offset or offsets.
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).
Owner.
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.
Plat.
Has the meaning given the term in the city’s subdivision
regulations. Plat includes replat.
Property owner.
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.
Recoupment.
The imposition of an impact fee to reimburse the city for
capital improvements which the city has previously oversized to serve
new development.
Roadway.
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.
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 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.
Roadway facility expansion.
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.
Roadway improvements plan.
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.
Service area.
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.
Service unit.
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.
Site-related facility.
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.
System related facility.
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.
Water facility.
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.
Water facility expansion.
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.
Water improvements plan.
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.
Water meter.
A device for measuring the flow of water to a development,
whether for domestic or for irrigation purposes.
Wastewater facility.
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.
Wastewater facility expansion.
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.
Wastewater improvements plan.
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.
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.
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.
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) 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)