The land use assumptions and capital improvements plan upon which impact fees are based shall be updated at least once every five years. Alternatively, the city council may, pursuant to the provisions of V.T.C.A [Local Government Code] sec. 395.0575, make a determination that no such update to the land use assumptions, capital improvements plan, or impact fees is required.
(2006 Code, sec. 40-10; Ordinance 07-02-717, sec. 4, adopted 2/19/07)
(a) 
No building permit shall be granted for new construction of any property nor shall any original water or sewer service connection be made or service commenced unless and until the impact fees required by this article are assessed and collected or a contract is entered into providing for payment as approved by the city.
(b) 
For new development located on property which was platted under the procedures of the city prior to adoption of this article, impact fees shall not be due on any service unit for which a valid building permit is issued prior to August 5, 1992.
(c) 
For new development on property located in subdivisions where all streets, sewers and water lines were constructed by the developer prior to August 5, 1992, no impact fee shall be due.
(2006 Code, sec. 40-11; Ordinance 07-02-717, sec. 4, adopted 2/19/07)
(a) 
Impact fees shall be assessed and collected at the time plats are released for recordation. Fees for property which was platted prior to August 5, 1992, and for property which is proposed to occur without platting shall be assessed at any time and shall be collected prior to the issuance of any building permit or site excavation, subject to the provisions of section 23.02.062.
(b) 
Additional impact fees or increases in impact fees shall not be assessed unless the number of service units to be developed on the tract increases. Should the service units be increased, impact fees shall be increased in an amount equal to the current impact fee per service unit multiplied by the difference in number of service units.
(c) 
Impact fees may be assessed but not collected for property where service is not available unless:
(1) 
The city commits to commence construction of necessary facilities identified in the capital improvements plan within two years and have service available in a reasonable time not exceeding five years; or
(2) 
The city agrees in writing to permit the owner of the property to construct or finance the required capital improvement or facility expansion and agrees that the costs incurred or funds advanced will either:
(A) 
Be credited against the impact fees otherwise due from the new development;
(B) 
Reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions, in which case impact fees shall be reimbursed to the owner at the time collected as other new development plats are recorded; or
(C) 
The owner voluntarily requests that the city reserve capacity to serve future development and the city and the owner enter into a valid written agreement.
(d) 
The owner of the property for which there is a recorded plat may enter into a written agreement with the city providing for the time and method of payment of impact fees, which agreement shall prevail over any contrary provision of this article.
(2006 Code, sec. 40-12; Ordinance 07-02-717, sec. 4, adopted 2/19/07)
(a) 
Impact fees shall be determined by multiplying the number of service units in a proposed development by the impact fee per service unit amount, such fee shall being set forth in the fee schedule in appendix A of this code. The number of service units shall be determined in accordance with the calculations set forth in the adopted capital improvements plan, a copy of which shall be on file in the office of the city secretary.
(b) 
The determination of impact fees shall be reduced by any allowable credits for the category of capital improvements as provided by section 23.02.065.
(c) 
The total amount of unpaid impact fees shall be attached to the development application, or, if to be paid at some later date, to the request for other permit or connection.
(d) 
Replatting shall not require recalculation of impact fees unless the number of service units is increased. If a proposed development increases the number of service units, the impact fee shall be recalculated as provided by section 23.02.063.
(e) 
The impact fee per service unit may not exceed the amount determined by subtracting a credit for the portion of ad valorem tax and utility service revenues generated by the new service united 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; or in the alternative, a credit equal to 50 percent of the total projected cost of implementing the capital improvements plan from the capital improvements described by V.T.C.A. Local Government Code sec. 395.014(a)(3), and dividing that amount by the total number of projected service units described by V.T.C.A. Local Government Code sec. 395.014(a)(5).
(2006 Code, sec. 40-13; Ordinance 07-02-717, sec. 4, adopted 2/19/07; Ordinance 18-10-1104 adopted 10/16/18; Ordinance 23-12-1343 adopted 12/5/2023)
If the city requires as a condition of development approval, or otherwise enters into an agreement with a developer, to have the developer construct, fund or otherwise contribute toward the cost of a capital improvement or facility expansion included in the adopted water or wastewater capital improvements plan, the city shall provide for reimbursement in the form of credits against impact fees that would otherwise be due from the development. Such credits shall run with the land and shall be used to reduce the amount of the impact fee that would otherwise be owed at the time of collection of impact fees. If the amount of such credits would be insufficient to reimburse the developer for the cost of required improvements, the city shall provide for reimbursement to the developer up to the balance of the cost of the required improvements from water or wastewater impact fees collected from other new development within the same service area. In determining the amount of such credits, the developer shall submit evidence of the actual, fair-market cost of the required improvements. Such credits shall only be applicable against the impact fees for the type of facility (water or wastewater) for which the capital improvement is made.
(2006 Code, sec. 40-14; Ordinance 07-02-717, sec. 4, adopted 2/19/07)
(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 impact 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 spent only for the purposes for which such impact fees were imposed as shown in the capital improvements plan.
(d) 
The records of the accounts into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours.
(2006 Code, sec. 40-15; Ordinance 07-02-717, sec. 4, adopted 2/19/07)
(a) 
On the request of an owner of property on which an impact fee has been paid, impact fees shall be refunded if existing facilities are available and service is denied or if the city failed to commence construction of facilities required for service within two years of payment of the impact fee or if such construction is not completed within a reasonable time but not in any event later than five years from the date of payment of the impact fee.
(b) 
Any impact fee funds not expended within ten years after payment shall be refunded.
(c) 
Refunds shall bear interest calculated from the date of collection to the date of refund at the statutory rate set forth in V.T.C.A. Finance Code sec. 302.002, or its successor statutes.
(d) 
All refunds shall be made to the record owner of the property at the time the refund is paid. However, if the impact fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity.
(e) 
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.
(2006 Code, sec. 40-16; Ordinance 07-02-717, sec. 4, adopted 2/19/07)
Any person, firm, or corporation violating any of the provisions or terms of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed $2,000.00 for each offense, and each and every violation or day such violation shall continue or exist shall be deemed a separate offense.
(2006 Code, sec. 40-17; Ordinance 07-02-717, sec. 5, adopted 2/19/07)