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.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
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.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
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.
Written permission issued by the city for the construction,
repair, alteration or addition to a structure.
Advisory committee, appointed by the city council, to regularly
review and update the capital improvement plan in accordance with
the requirements of chapter 395.
The plan or plans which identify roadway capital improvements
or facility expansions pursuant to which impact fees may be assessed.
The City of Celina.
Governing body of the City of Celina.
The amount of the reduction of an impact assessment for fees,
payments or charges for the same type of capital improvements for
which the fee has been assessed.
For the purposes of this division, all development which
is not single-family residential.
All development within the service area which has access
to the city’s roadway system as of the date of adoption of this
division.
The expansion of the capacity of an existing facility, which
serves the same function as an otherwise-necessary new capital improvement
in order that the existing facility may serve new development. Facility
expansion does not include repair, maintenance, modernization, or
expansion of an existing facility to better serve existing development.
The map, drawing or chart meeting the requirements of the
city’s subdivision ordinance on which is provided a subdivider’s
plan of a subdivision, and which has received approval by the city,
and which is recorded with the office of the county clerk.
Capital construction cost of service related to providing
additional service units to new development, either from excess capacity
in existing facilities, from facility expansions or from new capital
facilities.
Fee for roadway facilities to be imposed upon new development,
in order to generate revenue to fund or recoup all the costs of capital
improvements or facility expansion necessitated by and attributable
to such new development. Impact fees do not include dedication of
land for public parks or payment in lieu of the dedication to serve
park needs; dedication of right-of-way or easements, or construction
or dedication of site-related water distribution or wastewater collection
facilities or internal roadways required by other ordinances of the
city code.
Description of the service area and projections of changes
in land uses, densities, intensities, and population therein over
at least a 10-year period, adopted by the city, as may be amended
from time to time, upon which capital improvement 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, which table is attached to Ordinance 2021-59 and
incorporated by reference herein as exhibit B.
The subdivision of land; or the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement
of any structure; or any use or extension of the use of land; any
of which increases the number of service units for roadway services.
The amount of the reduction of an impact fee designed to
fairly reflect the value of system-related facilities, pursuant to
rules herein established or administrative guidelines, provided and
funded by a developer pursuant to the city’s subdivision regulations
or requirements.
The meaning given 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 also includes the developer of the new
development.
The imposition of an impact fee to reimburse the city for
capital improvements which the city has constructed.
A lot developed for use and occupancy as a residence or residences,
according to the city’s zoning ordinance and subdivision ordinance.
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.
Improvement for providing roadway service including, but
not limited to, pavement, right-of-way, intersection improvements,
drainage and traffic-control devices. Roadway facility excludes roadways
which are constructed by developers, the costs of which are reimbursed
from charges paid by subsequent users of the facilities. Roadway facilities
also exclude dedication of right-of-way or easements or construction
or dedication of off-site roadways required by valid ordinances of
the city and necessitated and attributable to the new development.
Expansion of the capacity of any existing roadway improvement
for the purpose of serving new development, not including repair,
maintenance, modernization, or expansion of the existing roadway facility
to serve existing development.
Portion of the CIP, as may be amended from time to time,
which identifies the roadway facilities or roadway expansions and
their associated cost which are necessitated by and which are attributable
to new development, and which are to be financed in whole or in part
through the imposition of roadway impact fees pursuant to this division.
An area defined in this division within the corporate boundaries
of the city for roadway facilities to be served by the capital improvements
or facility expansions specified in the capital improvement plan applicable
to the service area.
Standardized measure of consumption, use, generation, or
discharge attributable to an individual unit of development calculated
in accordance with generally accepted engineering or planning standards
for a particular category of capital improvements or facility expansions.
Basis for establishing equivalency among and within various
customer classes and land uses. The table of equivalencies for roadway
facilities is included in exhibit B to Ordinance 2021-59.
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 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 unit used to express both supply and demand provided by
and placed on the roadway system. A combination of a number of vehicles
traveling during a given time period and the distance in which these
vehicles travel in miles; for supply, it is the capacity provided
by facility type over a given segment distance.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15; Ordinance 2021-59 adopted 7/13/21)
The provisions of this division apply to all new development
within the corporate boundaries of the city which lie within the service
area for each category of capital improvement, except that it shall
not apply to tracts of land that were platted prior to the adoption
of this division. The provisions of this article apply to all new
development uniformly within each service area, which will include
roadways in city limits only.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
No application for new development shall be approved within
the city without assessment of impact fees pursuant to this division,
and no water and wastewater tap shall be installed and no building
permit shall be issued unless the applicant has paid the applicable
impact fees imposed by and calculated hereunder.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(a)
There are hereby established service areas for roadway impact fees
as depicted on exhibit 2 attached to Ordinance 2015-06.
(b)
The service areas shall be established consistent with any facility
service area defined in the CIP for each facility. Additions or revisions
to the service areas may be approved by the city council consistent
with the procedure set forth in chapter 395.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(a)
The maximum impact fee per service unit for each service area shall be established by category of capital improvement as set forth in schedule 1 found in section 10.02.051.
(b)
The amount of the impact fees to be assessed by vehicle mile shall be as set forth in schedule 1 found in section 10.02.051, attached hereto and made a part of this division by reference. Impact fees may be amended from time to time utilizing the amendment procedure set forth in this code and chapter 395.
(c)
The city may vary the rates of collection or amount of impact fees
per service unit among or within service districts in order to reasonably
further goals and policies affecting the adequacy of system facilities
serving new development, or other regulatory purposes affecting the
type, quality, intensity, economic development potential or development
timing of land uses within such service districts.
(d)
The maximum impact fee per service unit for system facilities, as
may be amended from time to time, hereby is declared to be an approximate
and appropriate measure of the impacts generated by a new unit of
development on the city’s system facilities. To the extent that
the impact fee charged against a new development, as may be amended
from time to time, is less than the maximum impact fee per service
unit, such difference hereby is declared to be founded on policies
unrelated to measurement of the impacts of the new development on
the city’s system facilities. The maximum impact fee rate may
be used in evaluating any claim by a property owner that the dedication
or construction of a capital improvement imposed as a condition of
development approval pursuant to the city’s subdivision or development
regulations is disproportionate to the impacts created by the development
on the city’s system facilities.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(a)
The number of service units for a new development shall be determined
by using the land use equivalency table, attached hereto and incorporated
herein by reference as exhibit B to Ordinance 2021-59.
(b)
In determining the number of roadway service units, the following
rules shall apply:
(1)
For residential structures, the number of units on the site shall
be multiplied by the number of vehicle-miles per dwelling unit in
exhibit B to Ordinance 2021-59 to compute the total service units
attributed to the site.
(2)
For business uses, the gross floor area (GFA) of a proposed structure
divided by 1,000 shall be multiplied by the number of vehicle-miles
per development unit for the proposed land use in exhibit B to compute
the total service units attributed to the site. Other business and
institutional uses for which the use is not calculated on a square
foot basis shall use the development unit depicted in exhibit B to
Ordinance 2021-59. Any other land uses not depicted shall be interpreted
by the city engineer.
(3)
Where a site is redeveloped, no new service units will be attributed
to the site provided that there is no increase in GFA and the proposed
land use falls within the same category as the prior use. If the GFA
is increased or if the proposed land use is in a different category,
then the number of service units attributed to the site will be as
computed for the change in impact.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15; Ordinance 2021-59 adopted 7/13/21)
(a)
Assessment of the impact fee for any new development shall be at the time of final plat approval or upon approval of a building permit for property already platted for either new development, redevelopment resulting in an increase in service units, when possible (see subsection (g) below) and shall be based upon the maximum impact fees per service unit then in effect, as set forth in schedule 1 found in section 10.02.051. Assessment of the maximum impact fee for any new development shall be made as follows:
(1)
For land which is platted 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 at the rates set forth in schedule 1 found in section 10.02.051.
(2)
For a new development which is submitted for approval pursuant to the city’s subdivision regulations on or after the effective date of this division, 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 at the rates set forth in schedule 1 found in section 10.02.051.
(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 final plat approval or other development application that results in approval of additional service units, in which case a new assessment shall occur at the schedule 1 rate found in section 10.02.051, 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 the provisions set
forth herein.
(d)
Approval of an amended plat pursuant to Texas Local Government Code,
section 212.016 and the city’s subdivision regulations is not
subject to reassessment for any impact fee.
(e)
For a development which received final plat approval prior to adoption
of impact fees by the city, or for which no plat approval is required,
assessment of impact fees shall be at the time of application for
permit of service in the amount set forth herein.
(f)
After a development has been assessed impact fees under this division,
no new impact fee shall be assessed against that development unless:
(g)
For business developments where building gross floor area is not
known at the time of final plat approval, assessment of impact fees
shall occur upon application for building permit.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(a)
Impact fees shall be collected at the time the city issues a building
permit for land within the corporate limits.
(b)
The impact fees to be paid and collected by vehicle-mile shall be at the rates listed in schedule 2 found in section 10.02.052.
(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 found in section 10.02.052. The number of service units shall be determined by using the land equivalency table (exhibit B to Ordinance 2021-59).
(2)
The amount of each impact fee shall be reduced by any allowable offsets
or credits for that category of capital improvements. This shall take
into account any policies developed by the city engineer in effect
at that time.
(3)
The total amount of the impact fees for the new development shall
be calculated and attached to the development application or request
for connection as a condition of approval.
(d)
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 10.02.069 by the number of service units generated by the development.
(e)
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 found in section 10.02.052 then in effect, with credits for previous payment of fees being applied against the new fees due.
(f)
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 exhibit B to Ordinance
2021-59 then in effect, and such additional fee shall be collected
at the time prescribed by this section.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15; Ordinance 2021-59 adopted 7/13/21)
(a)
A property owner who constructs an area-related facility pursuant to an improvements agreement approved by the city following adoption of this division may be charged reduced impact fees due for the property for that category of capital improvement by the value of such improvement, as determined in subsection (c). The credit shall be associated with the plat of the property that is to be served by the capital improvement constructed.
(b)
The improvements agreement required by subsection (a) may provide for participation by the city in the costs of the capital improvement to be constructed by the property owner, as provided in the city’s subdivision regulations. The amount of any credit shall be reduced by the amount of the city’s participation.
(c)
The amount of a credit shall be determined pursuant to rules established
in this section or pursuant to administrative guidelines promulgated
by the city. A credit against impact fees is limited to that portion
of the cost of an area-related facility attributable to new development
within the service area and does not include that portion of the cost
of the equivalent to the cost of a standard or minimum size facility.
(d)
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, nor shall the amount of the offset or credit
exceed the actual costs of constructing a capital improvement. The
costs of any roadway improvement not included within the roadway improvements
plan or the master thoroughfare plan are not eligible for offsets
or credits.
(e)
A credit associated with a plat shall be applied to reduce an impact
fee at the time of final plat approval for developments. For all other
developments, the credit 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
and, thereafter, to all subsequently issued building permits or utility
connections, until the credit or offset is exhausted.
(f)
Unused credits or oversize costs which are not attributable to a
new development shall be reimbursed.
(g)
Offsets or credits created after the effective date of an ordinance
establishing an impact fee for a particular category of capital improvement
shall expire within 10 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. Credits for construction
of improvements shall be deemed created when the improvements are
completed and the city has accepted the facility, or in the case of
improvements constructed and accepted prior to the effective date
of the ordinance establishing the impact fee for a particular category
of capital improvements, on such effective date.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(a)
The city’s finance department 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, and shall be used solely for the purposes authorized in section 10.02.073.
(c)
The city’s finance department 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 10.02.073. Disbursement of funds shall be authorized by the city at such times as 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 (10) years from the date the fee is deposited into the account.
(d)
The city’s finance department 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 finance department shall maintain and keep adequate financial
records for said account which shall show the source and disbursement
of all funds placed in or expended from such account.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(a)
The impact fees collected for each service area pursuant to this
division 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,
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 expansion.
(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 cost 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.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(a)
The property owner or applicant for new development may appeal the
following administrative decisions to the city council.
(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 credit.
(c)
The appellant must file a written notice of appeal with the city
within thirty (30) days following the decision. If the notice of appeal
is accompanied by a payment or other security satisfactory to the
city manager in an amount equal to the original determination of the
impact fee due, the development application may be processed while
appeal is pending.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(a)
Upon written application, any impact fee or portion thereof collected
pursuant to these regulations, which has not been expended within
the service area within ten (10) 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 the interest calculated
from the date of the collection to the date of refund at the statutory
rate as set forth in chapter 1.03, title 79, revised statutes (chapter
5069-1.03, Vernon’s Texas Civil Statutes) or its successor statute.
The application for refund pursuant to this section shall be submitted
within sixty (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 10.02.073 within the service area within ten (10) 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 written 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 (2) 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 (5) years from
the date of fee payment.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
The city shall update its land use assumptions and capital improvements plans at least every five (5) 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 Texas Local Government Code, chapter 395, or in any successor statute. At the discretion of the council, the fee structure in schedule 2 found in section 10.02.052 may be updated or amended without revising land use assumptions and capital improvements plans as deemed necessary, not to exceed the maximum amounts as set forth in schedule 1 found in section 10.02.051. Public notice and hearing is required to amend schedule 2 found in section 10.02.052 in accordance with the procedure for amending impact fees set forth in Texas Local Gov’t Code, chapter 395, or in any successor statute.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(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 sixty (60) days of the request. If the city council determines that the duty is required pursuant to the ordinance and is late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. This subsection is not applicable to matters which may he appealed pursuant to section 10.02.074.
(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.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
Pursuant to Tex. Loc. Gov’t Code section 395.022, as amended,
a school district is not required to pay impact fees imposed under
this division 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.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(a)
There are hereby established seven (7) roadway service areas, constituting
land within the city limits as depicted on exhibit 2 attached to Ordinance
2015-06 and incorporated herein by reference.
(b)
The boundaries of the roadway service area may be amended from time
to time, or new roadway benefit areas may be delineated, pursuant
to this division and chapter 395.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(a)
The roadway improvements plan for the city, is hereby adopted as
depicted by exhibit 6, attached to Ordinance 2015-06 and incorporated
herein by reference.
(b)
The roadway improvements plan may be amended from time to time, pursuant
to this division and chapter 395.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
(a)
The maximum impact fees per service unit for roadway facilities are herby adopted and incorporated in schedule 1 found in section 10.02.051 attached hereto and made a part hereof by reference.
(b)
The impact fees per service unit for roadway facilities, which are to be paid by each new development, are hereby adopted and incorporated in schedule 2 found in section 10.02.052 attached hereto and made a part hereto by reference.
(c)
The impact fees per service unit for roadway facilities may be amended
from time to time, pursuant to this division and chapter 395.
(Ordinance 2015-06, sec. 3.03, adopted 1/13/15)
