This division 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.
(2004 Code, sec. 34.40)
This division is adopted pursuant to Tex. Loc. Gov’t Code
chapter 395. The provisions of this division 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 division. Guidelines may be developed by ordinance, resolution,
or otherwise to implement and administer this division.
(2004 Code, sec. 34.41)
For the purpose of this division, the following definitions
shall apply, unless the context clearly indicates or requires a different
meaning:
The determination of the amount of the maximum impact fee
per service unit which can be imposed on new development pursuant
to this division.
Either 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 city.
The city’s planning and zoning commission, together
with ad hoc representatives as may be appointed from time to time,
to fulfill the composition mandated by Tex. Loc. Gov’t Code
section 395.058.
The amount of the reduction of an impact fee for fees, payments
or charges for the same type of capital improvements for which the
fee has been assessed.
Either a water facility expansion or a wastewater facility
expansion.
The point at which the applicant has complied with all conditions
of approval and the plat has been released for filing with Collin
County.
Either a fee for water facilities or a fee for wastewater
facilities imposed on new development by the city pursuant to this
division 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. Impact fees do not include
the dedication of rights-of-way or easements for such facilities,
or the construction of such improvements, imposed pursuant to the
city’s zoning or subdivision regulations, nor do impact fees
include fees placed in trust funds for the purpose of reimbursing
developers for oversizing or constructing water or wastewater mains,
or pro-rata fees for reimbursement of the city’s costs for extending
water or wastewater mains after September 1, 2001. Impact fees also
do not include charges for water or wastewater services to a wholesale
customer such as a water district, political subdivision of the state,
or other wholesale utility customer.
Either a water improvements plan or a wastewater improvements
plan adopted or revised pursuant to these impact fee regulations.
The projections of population and employment growth and associated
changes in land uses, densities and intensities adopted by the city,
as may be amended from time to time, upon which the impact fee capital
improvements plans are based.
A table converting the demands for capital improvements generated
by various land uses to numbers of service units, as may be amended
from time to time.
A project involving the construction, reconstruction, redevelopment,
conversion, structural alteration, relocation, or enlargement of any
structure, or any use or extension of land, 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 and filing with Collin County
of a plat pursuant to the city’s subdivision regulations, the
issuance of a building permit, or connection to the city’s water
or wastewater system, and which has not been exempted from these regulations
by provisions herein.
The amount of the reduction of an impact fee designed to
fairly reflect the value of system facilities pursuant to rules herein
established or council-approved administrative guidelines, provided
by a developer pursuant to the city’s subdivision regulations
or requirements.
Includes 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.
Either a water service area or wastewater service area within
the city or 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.
A single-family living unit equivalent based upon a 3/4-inch
displacement type water meter, which serves as the standardized measure
of consumption, use or generation attributable to the new unit of
development.
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 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.
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 off-site, or within or on the perimeter of the development
site.
The area within which the city is authorized pursuant to
state law to provide water or wastewater service, which may include
areas presently outside the extraterritorial boundaries of the city,
and within which the city may assess and collect impact fees by contract
pending inclusion of the area within the city limits or extraterritorial
jurisdiction.
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 ten years, and which
are to be financed in whole or in part through the imposition of wastewater
facilities fees pursuant to this division.
A 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 ten years, and which are to
be financed in whole or in part through the imposition of water facilities
impact fees pursuant to this division.
A device for measuring the flow of water to a development,
whether for domestic or for irrigation purposes.
(2004 Code, sec. 34.42)
The provisions of this division concerning water and wastewater
impact fees apply to all new development within the corporate boundaries
of the city and within its extraterritorial jurisdiction. The provisions
of this division also apply to land located outside the extraterritorial
boundaries of the city, where an agreement has been executed by a
property owner that authorizes the imposition of impact fees and the
extension of capital improvements to serve a new development within
such area. The calculation of impact fees applies uniformly within
each service area and within ultimate service area boundaries.
(2004 Code, sec. 34.43)
No building permit shall be issued unless the applicant has
paid the impact fee imposed by and calculated hereunder, unless a
different time and/or method of payment has been authorized by agreement
between the city and the property owner.
(2004 Code, sec. 34.44)
(a)
Maximum impact fees per service unit for each service area shall
be established by category of capital improvements. 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 projected costs of capital improvements necessitated
by and attributable to new development in the service area identified
in the impact fee capital improvements plan for each category of capital
improvements;
(2)
From such amount, subtract a credit equal to 50% of the such total
projected costs; and
(3)
Divide the resultant amount by the total number of service units
anticipated within the service area, based upon the land use assumptions
for that service area.
(b)
As an alternative to the 50% discount referenced in subsection (a)(2) above, the city may incorporate within the capital improvements plan for any category of capital improvements a discount against the total costs of capital improvements, in the amount of that portion of ad valorem tax and utility service revenues, if any, including the payment of debt, to be generated by new service units during the period the capital improvements plan is in effect, including the payment of debt, associated with the capital improvements in the plan.
(c)
The impact fee per service unit which is to be paid by each new development
within a service area shall be that established by ordinance by the
city council, as such 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).]
(d)
The amount of the impact fees per service unit to be assessed shall be as set forth in schedule 1 in section 10.02.051. The amount of the impact fees which are to be paid per service unit shall be as set forth in schedule 2 in section 10.02.052. Impact fee schedules 1 and 2 may be amended from time to time utilizing the amendment procedure set forth in section 10.02.045.
(2004 Code, sec. 34.45)
(a)
Assessment of the impact fee for any new development shall be made
as follows:
(1)
For land which is unplatted at the time of application for a building
permit or utility connection, or for a new development which received
final plat approval prior to the effective date of this division,
and for which no replatting is necessary pursuant to the city’s
subdivision regulations prior to development, assessment of impact
fees shall occur at the time application is made for the building
permit or utility connection, whichever first occurs, and shall be
the amount of the maximum impact fee per service unit as set forth
in schedule 1 then in effect.
(2)
For a new development which is submitted for approval pursuant to
the city’s subdivision regulations on or after the effective
date of Ordinance 99-22, or for which replatting results in an increase
in the number of service units after such date, assessment of impact
fees shall be at the time of final plat approval, and shall be the
amount of the maximum impact fee per service unit as set forth in
schedule 1 then in effect.
(b)
Following assessment of the impact fee pursuant to subsection (a), the amount of the impact fee assessment per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for approval of a final plat, building permit or utility connection that results in an increase in the number of service units, in which case a new assessment shall occur at the schedule 1 rate then in effect for such additional service units.
(c)
Following the vacating of any plat or submittal of any replat, a new assessment must be made in accordance with subsection (a).
(d)
Approval of an amending plat pursuant to Tex. Local Gov’t Code,
section 212.016, and the city’s subdivision regulations is not
subject to reassessment for an impact fee.
(2004 Code, sec. 34.46)
(a)
Unless an agreement with a property owner provides for a different
time of payment, impact fees shall be collected at the time the city
issues a building permit for land within the corporate limits, or
at the time an application for an individual water meter connection
to the city’s water or wastewater system is filed for land located
outside the corporate limits of the city.
(b)
The impact fees to be paid and collected by water meter size shall
be the amount listed in schedule 2. The city may enter into an agreement
with a developer for a different time and manner of payment of impact
fees, in which case the agreement shall determine the time and manner
of payment.
(c)
The city shall compute the impact fees for the new development in
the following manner:
(1)
The amount of each impact fee shall be determined by multiplying
the number of service units generated by the new development by the
impact fee per service unit for the service area using schedule 2.
The number of service units shall be determined by using the land
equivalency table contained in schedule 2.
(2)
The amount of each impact fee shall be reduced by any allowable offsets or credits for that category of capital improvements, in the manner provided in section 10.02.039.
(3)
The total amount of the impact fees for the new development shall
be calculated and attached to the building permit application or request
for connection as a condition of approval.
(d)
No wastewater impact fee shall be charged for a water meter used
solely for purposes of irrigation.
(e)
The amount of each impact fee for a new development shall not exceed an amount computed by multiplying the fee assessed per service unit pursuant to section 10.02.037 by the number of service units generated by the development.
(f)
If the building permit for which an impact fee has been paid has
expired, and a new application is thereafter filed, the impact fees
shall be computed using schedule 2 then in effect, with credits for
previous payment of fees being applied against the new fees due.
(g)
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 the times
prescribed by this section.
(h)
No water impact fee will be charged to a development to be located
on a lot or parcel which has an existing city water meter, unless
the size of the water meter is increased or another water meter is
added to serve the development.
(i)
No wastewater impact fee will be charged to a development to be located
on a lot or parcel which has an existing city water meter, unless
the size of the water meter is increased or another water meter is
added to provide wastewater service to the development, or the development
is connected to city wastewater facilities for the first time.
(2004 Code, sec. 34.47)
(a)
The city shall offset or credit the present value of any system facility,
pursuant to rules established in this section or pursuant to administrative
guidelines promulgated by the city, which has been dedicated or contributed
to and received by the city, including the value of rights-of-way
or capital improvements constructed pursuant to an agreement with
the city, against the amount of the impact fee due for that category
of capital improvement. The offset or credit shall be associated with
the plat of the property that is to be served by the capital improvement
constructed.
(b)
All offsets or credits against impact fees shall be based upon standards
promulgated by the city, which may be adopted as administrative guidelines,
including the following standards:
(1)
No offset or credit shall be given for the dedication or construction
of site-related facilities.
(2)
No offset shall exceed an amount equal to the eligible costs of the
improvement multiplied by a fraction, the numerator of which is the
impact fee per service unit due for the new development as computed
using schedule 2 and the denominator of which is the maximum impact
fee per service unit for the new development as computed using schedule
1.
(3)
The unit costs used to calculate offsets and credits shall not exceed
those assumed for the capital improvements included in the impact
fees capital improvements plan for the category of facility for which
the impact fee is imposed.
(4)
No offset or credit shall be given for an oversized facility which is not identified within the applicable impact fees capital improvements plan, unless the city agrees that such improvement supplies capacity to new developments other than the development paying the impact fee and provisions for offsets or credits are incorporated in an agreement for capital improvements pursuant to section 10.02.047.
(5)
In no event will the city reimburse the property owner or developer
for an offset or credit when no impact fees for the new development
can be collected pursuant to these impact fee regulations or for any
amount exceeding the total impact fees due for the development for
that category of capital improvements, unless expressly agreed to
by the city in writing.
(6)
Offsets or credits for system facilities dedicated to and accepted
by the city for a development prior to the effective date of this
division shall be prorated among the total number of service units
within such development and reduced by an amount equivalent to the
number of existing service units within such development and shall
be further reduced by the amount of any participation funds received
from the city and by any payments received from other developments
who utilize the system facility.
(7)
The city may participate in the costs of a system improvement to
be dedicated to the city, including costs that exceed the amount of
the impact fees due for the development under schedule 1 for that
category of capital improvements, in accordance with policies and
rules established under the city’s subdivision regulations.
The amount of any offset shall not include the amount of the city’s
participation.
(c)
Offsets or credits created after the effective date of this division
shall expire within ten years from the date the offset or credit was
created. Offsets or credits arising prior to such effective date shall
expire ten years from such effective date.
(d)
The provisions for offsetting or crediting contributions of land or improvements as provided in this section shall be incorporated in an agreement for capital improvements in accordance with section 10.02.047.
(e)
Unless an agreement for capital improvements is executed providing
for a different manner of offsetting or crediting impact fees due,
an offset or credit associated with a plat shall be applied to reduce
an impact fee at the time of application for the first building permit
or at the time of application for the first utility connection for
the property, in the case of land located within the city’s
extraterritorial jurisdiction, and thereafter to all subsequently
issued building permits or utility connections, until the offset or
credit is exhausted.
(2004 Code, sec. 34.48)
(a)
The city shall establish an account to which interest is allocated
for each service area for each category of capital facility for which
an impact fee is imposed pursuant to this division. Each impact fee
collected within the service area shall be deposited in such account.
(b)
Interest earned on the account into which the impact fees are deposited
shall be considered funds of the account.
(c)
The city shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in section 10.02.041. Disbursement of funds shall be authorized by the city at such times are reasonably necessary to carry out the purposes and intent of this division; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten years from the date the fee is deposited into the account.
(d)
The city shall maintain and keep financial records for impact fees,
which shall show the source and disbursement of all fees collected
in or expended from each service area. The records of the account
into which impact fees are deposited shall be open for public inspection
and copying during ordinary business hours. The city may establish
a fee for copying services.
(e)
The city shall maintain and keep adequate financial records for said
account which shall show the source and disbursement of all funds
placed in or expended by such account.
(2004 Code, sec. 34.49)
(a)
The impact fees collected for each service area pursuant to these
regulations may be used to finance or to recoup the costs of any capital
improvements or facility expansion identified in the applicable 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 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 city to finance such capital improvements or facility
expansions. Impact fees also may be used to pay fees actually contracted
to be paid to an independent qualified engineer or financial consultant
for preparation of or updating the impact fee capital improvements
plan.
(b)
Impact fees collected pursuant to this division 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 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 city.
(2004 Code, sec. 34.50)
(a)
The property owner or applicant for new development may appeal the
following administrative decisions to the city council:
(1)
The applicability of an impact fee to the development;
(2)
The amount of the impact fee due;
(3)
The availability of, the amount of, or the expiration of an offset
or credit;
(4)
The application of an offset or credit against an impact fee due;
(5)
The amount of the impact fee in proportion to the benefit received
by the new development; or
(6)
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 offset or credit was not
calculated according to the applicable schedule of impact fees or
the guidelines established for determining offsets or credits.
(c)
The appellant must file a written notice of appeal with the city
within 30 days following the decision. If the notice of appeal is
accompanied by a payment or other security satisfactory to the city
attorney in an amount equal to the original determination of the impact
fee due, the development application may be processed while the appeal
is pending.
(2004 Code, sec. 34.51)
(a)
Upon application, any impact fee or portion thereof collected pursuant
to these regulations, which has not been expended within the service
area within ten 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 Tex. Finance Code section 302.002 or its successor statute.
The application for refund pursuant to this section shall be submitted
within 60 days after the expiration of the ten-year period for expenditure
of the fee. An impact fee shall be considered expended on a first-in,
first-out basis.
(b)
An impact fee collected pursuant to these regulations shall also be considered expended if the total expenditures for capital improvements or facility expansion authorized in section 10.02.041 within the service area within ten years following the date of payment exceeds the total fees collected within the service area for such improvements or expansions during such period.
(c)
Upon application, any impact fee or portion thereof collected pursuant
to these regulations shall be refunded if:
(1)
Existing service is available and service is denied;
(2)
Service was not available when the fee was collected and the city
has failed to commence construction of facilities to provide service
within two years of fee payment; or
(3)
Service was not available when the fee was collected and has not
subsequently been made available within a reasonable period of time
considering the type of capital improvement or facility expansion
to be constructed, but in any event later than five years from the
date of fee payment.
(d)
If a refund is due pursuant to subsection (a), (b) or (c), the city shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. 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.
(2004 Code, sec. 34.52)
(a)
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 city shall
rebate the difference, provided that water meters to serve the development
have not been installed.
(b)
If the building permit for a new development for which an impact
fee has been paid has expired, no tap purchases 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 city shall, upon written application, rebate the amount of the
impact fee 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.
(2004 Code, sec. 34.53)
(a)
The city shall update its land use assumptions and capital improvements
plans at least every five years, commencing from the date of adoption
of such plans, and shall recalculate the impact fees based thereon
in accordance with the procedures set forth in Tex. Loc. Gov’t
Code, ch. 395, or in any successor statute.
(b)
The city may review its land use assumptions, impact fees, 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 capital improvements plans should be updated and the impact fee recalculated accordingly, or whether schedule 1 or 2 should be changed. Schedule 2 may be amended without revising land use assumptions and capital improvements plans at any time prior to the update provided for in subsection (a), provided that the impact fees to be collected under schedule 2 do not exceed the impact fees assessed under schedule 1.
(2004 Code, sec. 34.54)
(a)
The capital improvements advisory committee shall perform the following
functions:
(1)
Advise and assist the city in adopting land use assumptions;
(2)
Review the capital improvements plans and file written comments on
impact fees;
(3)
Monitor and evaluate implementation of the capital improvements plans;
(4)
Advise the city of the need to update or revise the land use assumptions,
capital improvements plans and impact fees; and
(5)
File a semiannual report evaluating the progress of the capital improvements
plans and identifying perceived inequities in implementing the plans
or administering the impact fees.
(b)
The city shall make available to the capital improvements advisory
committee any professional reports prepared in the development or
implementation of the capital improvements plans.
(2004 Code, sec. 34.55)
(a)
An owner of a new development may construct or finance a capital
improvement or facility expansion designated in the impact fee capital
improvements plan, if required or authorized by the city, by entering
into a facility agreement with the city prior to the issuance of any
building permit for the development. The facility agreement shall
be on a form approved by the city, and shall identify the estimated
cost of the improvement or expansion, the schedule for initiation
and completion of the improvement or expansion, a requirement that
the improvement be designed and completed to city standards and such
other terms and conditions as deemed necessary by the city. The facility
agreement shall provide for the method to be used to determine the
amount of the offset or credit to be given against impact fees due
for the development.
(b)
The city and such owner either may agree that the costs incurred or funds advanced will be offset or credited against the impact fees otherwise due from the new development, or they may agree that the city shall reimburse the owner for such costs from impact fees paid from other new developments which will use such capital improvements or facility expansions, or from other funding sources. In the event that the city elects to reimburse an owner for the dedication, construction or financing of a capital improvement or facility expansion designated in the capital improvements plan, the terms of reimbursement shall be incorporated in the agreement required by subsection (a). Reimbursement agreements shall further be based on the availability of city funds from all sources, including current and projected impact fee fund accounts.
(c)
An agreement for capital improvements also may be used to provide
for assessment and collection of impact fees in areas outside the
city’s corporate limits or extraterritorial jurisdiction but
within the ultimate service area, if the city agrees to extend water
or wastewater facilities to serve such property.
(2004 Code, sec. 34.56)
(a)
The city may finance capital improvements or facility expansions
designated in the capital improvements plan through the issuance of
bonds, through the formation of public utility districts or other
assessment districts, 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.
(c)
The city council may decide that the city shall pay all or a part
of impact fees due for a new development pursuant to duly adopted
criteria.
(2004 Code, sec. 34.57)
(a)
Impact fees established by these regulations 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,
the sale of water or wastewater taps, or certificates of occupancy.
Such fee is intended to be consistent with and to further the policies
of city’s comprehensive land use plan, the capital improvements
plan, the zoning ordinance, 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.
(b)
This division 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 of the city, which shall be operative
and remain in full force and effect without limitation with respect
to all such development.
(2004 Code, sec. 34.58)
(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 city council to determine whether any duty required by this division 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 60 days of the request. If the city council determines that the duty is required pursuant to this division 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 10.02.042.
(b)
The city council may grant a variance from any requirement of this
division upon written request by a developer or owner of property
subject to this division, following a public hearing, and only upon
finding that a strict application of such requirement would, when
regarded as a whole, result in confiscation of the property.
(c)
If the city council grants a variance to the amount of the impact
fee due for a new development under this section, it may cause to
be appropriated from other city funds the amount of the reduction
in the impact fee to the account for the service area in which the
property is located.
(2004 Code, sec. 34.59)
(a)
Water facilities.
$4,400.00 per service unit (1-inch
water meter).
(b)
Wastewater facilities.
$5,200.00 per service unit (1-inch
water meter).
(Ordinance 2021-58 adopted 7/13/21; Ordinance 2021-59 adopted 7/13/21)
(a)
Water facilities.
$4,400.00 per service unit (1-inch
water meter).
(b)
Wastewater facilities.
$5,200.00 per service unit (1-inch
water meter).
(Ordinance 2021-58 adopted 7/13/21; Ordinance 2021-59 adopted 7/13/21)
