(a) Impact fees shall be collected and paid at the time of issuance of
a building permit and/or application for a water meter for a new development.
(b) For a new development that received final plat approval before the effective date, impact fees may not be collected on any service unit for which a valid building permit or water meter application is properly submitted within one (1) year after the effective date of this article; except additional impact fees shall be assessed in accordance with section
10-4-62(e) when:
(1) A subsequent application(s) for a building permit or water meter
is submitted more than one (1) year after the effective date of this
article; or
(2) The number of service units to be developed increases.
(c) For land that does not have to be platted, an impact fee may not
be collected on any service unit for which a valid building permit
or water meter application is properly submitted within one (1) year
after the effective date.
(d) The city shall compute the roadway impact fees to be paid and collected
for the new development in the following manner:
(1) Determine the number of development units for each land use category
in the new development using the LUVMET then in effect.
(2) Multiply the number of development units for each land use category
in the new development by the vehicle miles (per development unit)
for each such land use category also found in LUVMET then in effect
to determine the number of service units attributable to the new development.
(3) The amount of roadway impact fees to be collected shall be determined
by multiplying the number of service units for the new development
by the roadway impact fee per service unit for the applicable service
area and applicable land use and shall be collected with the issuance
of a building permit.
(4) The amount of the roadway impact fees to be collected shall be calculated as described in section
10-4-33(c) of this article.
(5) If an agreement as described in section
10-4-63 of this article providing for offsets is entered, the amount of the offsets based on actual costs shall be deducted from the roadway impact fees as calculated above.
(e) Where an application for a building permit is for a “shell”
or speculative building, the amount of the roadway impact fee shall
be assessed assuming that the entire building will be used as either
“general office,” “light industrial,” or “shopping
center” as shown in the LUVMET. Where a subsequent application
for a building permit is made for the finish-out of the shell building,
or portion thereof, for the ultimate use, an additional roadway impact
fee shall be assessed and collected if the ultimate use is different
from “general office,” “light industrial,”
or “shopping center.”
(f) An applicant may submit an alternative service unit computation based
upon a trip generation study as defined by the Institute of Transportation
Engineers for the proposed land use not included in the LUVMET.
(g) The city may enter into a payment agreement for impact fees based
on administrative guidelines. All impact fees shall be paid prior
to the issuance of a building permit or water meter.
(h) The city shall compute the water and wastewater impact fees by water meter size. The amount of water and wastewater impact fees shall be collected as set forth in section
10-4-33(a) and (b) of this article.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22)
(a) Pursuant to Texas Local Government Code chapter 395, a public school
district is not required to pay an impact fee imposed under this article
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.
(b) Affordable housing.
Development that qualifies as affordable
housing under 42 U.S.C. § 12745, as amended, and is participating
in an affordable housing development program, is exempt from impact
fee collection. An applicant for affordable housing exemption shall
make application for same by letter to the director of public works
or his/her designee. The letter shall describe the development, its
location and number of housing units, and shall include written verification
from the responsible agency that the subject property is an active
participant in an affordable housing development program as described
above. If the fee is not paid and the affordable housing is not built
or the new development subsequently is not qualified as affordable
housing, the city shall assess and collect the impact fees that were
applicable at the time of the issuance of the building permit(s) or
water meter for the new development.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22)