This article is adopted pursuant to the provisions of V.T.C.A Local Government Code ch. 395, as amended. This article implements a policy of the city to impose impact fees upon each new development project to pay the costs of constructing capital improvements, and facility expansions necessary to serve new development.
(2006 Code, sec. 40-1; Ordinance 07-02-717, sec. 4, adopted 2/19/07)
For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Advisory committee.
The planning and zoning commission.
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 improvements.
The water supply, treatment, and distribution facilities and wastewater collection and treatment facilities that are identified as existing capital improvements or proposed capital improvements in the capital improvements plan.
Capital improvements plan.
A plan contemplated by this article that identifies capital improvements or facility expansions for which impact fees may be assessed.
Credit.
The amount of the reduction of an impact fee for fees payments or charges for or construction of the same type of facility.
Facility 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.
Final plat approval or approval of a final plat.
The point at which the applicant has complied with all conditions of approval and the plat has been released for filing with the county clerk.
Impact fee.
A charge or assessment imposed as set forth in this article against new development. The term does not include:
(1) 
Required dedications of land for public parks or payments in lieu thereof;
(2) 
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;
(3) 
Lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines; or
(4) 
Other pro rata fees for reimbursement of water or sewer mains or lines extended by the city.
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 ten-year period which has been adopted by the city and upon which the capital improvements plan is based.
New development.
The subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of a structure; or any use or extension of the use of land; any of which increases the number of service units.
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.
Service area.
The entire area within the corporate limits of the city and its extraterritorial jurisdiction to be served by the capital improvements and facilities expansions specified in the capital improvements plan.
Service unit.
For the purpose of impact fee assessment, the service unit shall be a single-family residential unit with a five-eighths-inch water meter, as more particularly described in the capital improvements plan.
Sanitary sewer facility.
An improvement for providing wastewater collection and treatment, including, but not limited to, land or easements, treatment facilities, lift stations, or interceptor mains. “Sanitary sewer facility” excludes sanitary sewer lines or mains which are constructed by developers, the costs of which are reimbursed from pro rata charges paid by developers or owners of property in other subdivisions as condition of connection to or use of such facility.
Water facility.
An improvement for providing water supply treatment and distribution service including, but not limited to, land or easements, water treatment facilities, water supply facilities, or water distribution lines. “Water facility” excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from pro rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility.
(2006 Code, sec. 40-2; Ordinance 07-02-717, sec. 4, adopted 2/19/07)