Except as otherwise provided in this article, no building permit
or water meter shall be issued until the owner has paid the city all
applicable impact fees due.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22)
(a) Assessment of the impact fees for any new development shall be based
on the applicable impact fees per service unit in the applicable service
area in effect at the time of assessment. No act by the city is required
to assess impact fees.
(b) For a new development which has received final plat approval before the effective date, assessment of impact fees shall occur on the effective date and shall be in the amount established in section
10-4-33. No impact fees shall be paid by new development if a valid building permit or water meter application is properly submitted within one (1) year of the effective date of the article, except as provided for in section
10-4-91(b).
(c) For land that is not required to be platted at time of the application for a building permit or water meter, assessment of impact fees shall be assessed at the time of application for building permit or water meter and shall be in the amount established in section
10-4-33.
(d) For a new development which has received final plat approval on or
after the effective date of this article, assessment of impact fees
shall be assessed at the time of final approval of the final plat.
(e) After assessment of the impact fees attributable to a new development,
or execution of an agreement for payment of impact fees, additional
impact fees or increases in fees may not be assessed against the tract
unless, the number of service units to be developed on the tract increases.
In the event of the increase in the number of service units, the impact
fees to be assessed are limited to the amount attributable to the
additional service units.
(f) The director of public works, or his or her designee, shall compute
the impact fees for new development. The total amount of impact fees
assessed for the new development shall be attached to the building
permit and/or water meter application, and payment of the impact fees
shall be required as a condition of issuance.
(g) For newly annexed territories, upon annexation, a newly annexed area
shall be immediately added into the nearest, adjacent roadway service
area so long as in doing so the roadway service area still complies
with the distance requirements in chapter 395 of the Texas Local Government
Code. The collection rate shall be assessed at the rate of the existing
roadway service area and may be adjusted upon a future study update.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22; Ordinance 2023-32 adopted 11/28/2023)
The city may offset the improvements or funding for construction
of any system-related facility included on the identified capital
improvement plans that is required or agreed to by the city, pursuant
to rules established in this section and administrative guidelines.
Any agreements entered into hereunder shall be subject to the approval
of the city council.
(1) General credit.
The city shall apply against assessed
impact fees a credit equal to the portion of ad valorem tax and utility
service 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 improvement plans.
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
an 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 the 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 capital improvement plans and that are
agreed to or required by the city as a condition of development approval
shall be offset against roadway facilities impact fees otherwise due
from the new development.
(4) Water offsets.
Any construction of, contributions to,
or dedications of water facilities that are system-related facilities
included on the identified capital improvement plans and that are
agreed to or required by the city as a condition of development approval
shall be offset against water facility impact fees otherwise due from
the new development.
(5) Wastewater offsets.
Any construction of, contributions
to, or dedications of wastewater facilities that are system-related
facilities included on the identified capital improvement plans and
that are agreed to or required by the city as a condition of development
approval shall be offset against wastewater facility impact fees otherwise
due from the new development.
(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.
(7) Master planned projects.
Master planned projects, including
subdivisions containing multiple phases, and whether approved before
or after the effective date of the impact fee regulations, may apply
for offsets against impact fees for the entire project based upon
improvements or funds toward construction of system-related facilities,
or other capital improvements supplying excess capacity. Offsets shall
be spent within the same service area utilizing a methodology approved
by the city and be approved in an agreement.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22)