This article shall be known and cited as the “Midlothian Impact Fees Article.”
(Ordinance 99-12, sec. 1.01, adopted 3/8/99)
This article 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 99-12, sec. 1.02, adopted 3/8/99)
This article is adopted pursuant to Texas Local Government Code chapter 395 and the city charter. The provisions of this article 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 article. Guidelines may be developed by ordinance, resolution, or otherwise to implement and administer this article.
(Ordinance 99-12, sec. 1.03, adopted 3/8/99)
The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this article.
Either a water facility, a sanitary sewer facility or a roadway 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 sec. 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 roadway facility expansion, a water facility expansion or a sanitary sewer facility expansion.
The point at which the applicant has complied with all conditions of approval and the plat has been released for filing with the county.
The point at which the applicant has complied with all conditions precedent to recording an approved final plat in the county, including any infrastructure or other improvements required by the subdivision ordinance or any other ordinance.
Either a fee for roadway facilities, a fee for water facilities or a fee for sanitary sewer facilities imposed on new development by the city pursuant to this article 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 sanitary sewer mains or lines, or pro rata fees for reimbursement of water or sanitary sewer mains or lines extended by the city. Impact fees also do not include charges for water or sanitary sewer services to a wholesale customer such as a water district, political subdivision of the state, or other wholesale utility customer. Impact fees also do not include road escrow payments imposed under facility agreements in existence on the effective date of Ordinance No. 99-12 (March 18, 1999).
Either a roadway improvements plan, a water improvements plan or a sanitary sewer improvements plan adopted or revised pursuant to these impact fee regulations.
The report prepared by Freese & Nichols, Inc. dated February 19, 2022 titled Roadway, Water, Wastewater and Roadway Impact Fee Update: 2022 Impact Fee Study Update, City of Midlothian, Texas, a true and correct copy of which is on file in the office of the city secretary and is incorporated herein by reference.
The projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the city, as set forth in chapter 2 of the impact fee study, as 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. With respect to roadway facilities, the land use equivalency table is table 3-3 set forth in the impact fee study. With respect to water and wastewater facilities, the land use equivalency table is table 5-3 set forth in the impact fee study.
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 the 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 sanitary sewer 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.
Has 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.
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.
An improvement or appurtenance to a roadway which includes, but is not limited to, rights-of-way, whether conveyed by deed or easement; intersection improvements; traffic signals; turn lanes; drainage facilities associated with the roadway; street lighting or curbs. “Roadway facility” also includes the city’s share of the costs for any improvement or appurtenance to a roadway officially enumerated in the federal or state highway system. “Roadway facility” excludes those improvements or appurtenances to a roadway which are site-related facilities.
The expansion of the capacity of an existing roadway in the city, but does not include the repair, maintenance, modernization, or expansion of an existing roadway to better serve existing development.
The adopted plan, as may be amended from time to time, which identifies the roadway facilities or roadway expansions and their costs for each road service area, which are necessitated by and which are attributable to new development, for a period not to exceed 10 years, which are to be financed in whole or in part through the imposition of road facilities fees pursuant to this article.
A sanitary sewer 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 sanitary sewer. “Sanitary sewer facility” includes land, easements or structures associated with such facilities. “Sanitary sewer facility” excludes a site-related facility.
The expansion of the capacity of any existing sanitary sewer 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 sanitary sewer facilities or sanitary sewer expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed 10 years, and which are to be financed in whole or in part through the imposition of sanitary sewer facilities fees pursuant to this article.
Either a roadway service area, a water service area or sanitary sewer service area within the city and, except for roadway facilities, 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.
For roadway facilities, a vehicle mile in p.m. peak hour, or, for water and for sanitary sewer facilities, a water meter equivalent, which serves as the standardized measure of consumption, use or generation attributable to the new unit of development, and as set forth in the land use equivalency tables.
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 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 and 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.
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 10 years, and which are to be financed in whole or in part through the imposition of water facilities impact fees pursuant to this article.
A device for measuring the flow of water to a development, whether for domestic or for irrigation purposes.
(Ordinance 99-12, sec. 1.04, adopted 3/8/99; Ordinance 2001-63, sec. 1(A), adopted 10/23/01; Ordinance 2001-63, sec. 1(B), adopted 10/23/01; Ordinance 2001-63, sec. 1(C), adopted 10/23/01; Ordinance 2022-12 adopted 4/12/22)
The provisions of this article concerning water and sanitary sewer impact fees apply to all new, nonexempt development within the corporate boundaries of the city and within its extraterritorial jurisdiction. The provisions of this article concerning roadway impact fees apply only within the corporate boundaries of the city. The provisions of this article apply uniformly within each service area.
(Ordinance 99-12, sec. 1.05, adopted 3/8/99)
No application for new development shall be approved within the city without assessment of an impact fee pursuant to this article, and 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.
(Ordinance 99-12, sec. 1.06, adopted 3/8/99)
(a)
The maximum impact fee per service unit for each service area shall be computed by dividing the total costs of capital improvements necessitated by and attributable to new development in the service area identified in the impact fee capital improvements plan for that category of capital improvements, discounted by a credit equal to fifty percent (50%) of such projected costs, by the total number of service units anticipated within the service area, based upon the land use assumptions for that service area. Maximum impact fees per service unit for each service area shall be established by category of capital improvements and shall be as set forth in schedule 1. As an alternative to the fifty-percent (50%) discount referenced 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.
(b)
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 section 10.03.008(a). Impact fees which are to be paid shall be as set forth in schedule 2, as amended, and made a part of this article by reference.
(Ordinance 99-12, sec. 1.07, adopted 3/8/99; Ordinance 2022-12 adopted 4/12/22)
(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 or on the effective date of this article (March 18, 1999), 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, 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 after the effective date of this article (March 18, 1999), 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 recordation, 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 final plat approval that results in approval of additional 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)(2).
(d)
Approval of an amended plat pursuant to V.T.C.S., Local Government Code, section 212.016 and the city’s subdivision regulations is not subject to reassessment for an impact fee.
(Ordinance 99-12, sec. 1.08, adopted 3/8/99)
(a)
Except as provided in subsection (c), 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. The impact fees to be paid and collected are listed in schedule 2, as amended. 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.
(b)
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, as amended. The number of service units shall be determined by using the land equivalency table.
(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 10.03.010.
(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.
(c)
For sanity sewer facilities only, an applicant for subdivision approval seeking to reserve capacity for the proposed subdivision in one or more sanitary sewer lines shall execute an agreement providing for payment of impact fees at the time of final plat approval and shall make payment prior to such 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 10.03.007 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 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 schedule 2 then in effect, and such additional fee shall be collected at the times prescribed by this section.
(g)
Notwithstanding other provisions of this section, no impact fee may be collected for a new development which was platted prior to the effective date of Ordinance No. 99-12 (March 18, 1999), and for which a building permit is issued within one year of such effective date, provided that a building permit that expires or is withdrawn for such development shall be subject to collection of impact fees.
(h)
No sanitary sewer impact fee shall be charged for a water meter used solely for purposes of irrigation.
(Ordinance 99-12, sec. 1.09, adopted 3/8/99; Ordinance 2001-63, sec. 1(E), adopted 10/23/01; Ordinance 2001-63, sec. 1(F)–(I), adopted 10/23/01)
(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, or for which funds have been advanced by the property owner, after January 1, 1994, 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, as amended, 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 10.03.018.
(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 article (March 18, 1999) 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 Ordinance No. 99-12 (March 18, 1999) 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 therefrom.
(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 10.03.018.
(e)
A property owner who wishes to provide for offsets or credits to roadway impact fees at the time of approval of a preliminary plat may propose an agreement for capital improvements identifying offsets or credits for all rights-of-way to be dedicated or improvements to be constructed for system roadway facilities to serve the preliminary plat as specified in section 10.03.018. Upon approval thereof, as long as such preliminary plat remains in effect, impact fees for all new development within such plat shall be offset or credited at the time of building permit in accordance with the agreement.
(f)
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 prorated over the number of lots and applied to reduce an impact fee at the time of final plat approval, for single-family residential developments. For all other developments, the offset or credit shall be applied to reduce an impact fee at the time the first impact fee for the property is collected and, thereafter, to reduce impact fees subsequently to be collected until the offset or credit is exhausted.
(Ordinance 99-12, sec. 1.10, adopted 3/8/99; Ordinance 2001-63, sec. 1(J), adopted 10/23/01)
(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 article. 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 10.03.012.
(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 10.03.012. Disbursement of funds shall be authorized by the city at such times are reasonably necessary to carry out the purposes and intent of this article; 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 by such account.
(Ordinance 99-12, sec. 1.11, adopted 3/8/99)
(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, 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. 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 article 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.
(Ordinance 99-12, sec. 1.12, adopted 3/8/99)
(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 thirty (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.
(d)
Solely for purposes of appealing the amount of or the application of an offset or credit for roadway facilities against roadway impact fees due, the following provisions apply:
(1)
Upon written request by the property owner or applicant, the city council may reduce or waive the amount of the impact fees imposed by this article, following a public hearing, only upon finding that the imposition of such fees, together with any dedication or construction of capital improvements required as a condition of development approval, is disproportionate to the nature and extent of the new development proposed.
(2)
The notice of appeal shall allege that the requirement(s) is not roughly proportional to the nature and extent of the development being proposed. Thereafter, the appellant shall provide a study, including the following information, to support his claim:
(A)
Total number of service units attributable to the development, utilizing average trip length and equivalency tables provided by the city. Service units also shall be estimated for each proposed or planned use in the original or revised preliminary plat of which the development is a part.
(B)
Appraised value of the land required to be dedicated, if any, for non-site-related facilities.
(C)
Value of construction, if any, for non-site-related facilities, less any proposed participation or contribution by the city.
(D)
Total estimated impact fees due for the development, utilizing schedule 2 of the impact fees article then in effect, together with impact fees due for each proposed or planned use in the original or revised preliminary plat of which the development is a part. Estimated impact fees shall be discounted by any available offsets or credits.
(3)
The city council shall hear the appeal and determine whether requirements imposed by the subdivision regulations, or under the city impact fees regulations, or the combination of requirements, is roughly proportional to the nature and extent of the development proposed. In reaching such determination, the council shall take into account the information in the study supplied by the appellant, the total costs to the city for supplying roadway capacity to the proposed development and all development associated with the original or revised preliminary plat of which the proposed development is a part, and the extent to which requirements imposed by the city benefit the proposed development.
(4)
Following such determination, the city council shall affirm or modify the requirement(s) imposed. The council may take any of the following actions if it finds that the requirement(s) is not roughly proportional to the development being proposed:
(A)
Waive in whole or in part any roadway dedication or construction requirement of a non-site-related facility; or
(B)
Direct that the city participate in the costs of acquiring or constructing such facility pursuant to standard participation policies; or
(C)
Waive in whole or in part the imposition of roadway impact fees on the development.
(Ordinance 99-12, sec. 1.13, adopted 3/8/99)
(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 (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 interest calculated from the date of collection to the date of refund at the statutory rate as set forth in article 1.03, title 79, Revised Statutes (article 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 10.03.012 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 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.
(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.
(Ordinance 99-12, sec. 1.14, adopted 3/8/99; Ordinance 2001-63, sec. 1(K), adopted 10/23/01)
(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.
(Ordinance 99-12, sec. 1.15, adopted 3/8/99)
(a)
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 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 schedules 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.
(Ordinance 99-12, sec. 1.16, adopted 3/8/99; Ordinance 2001-63, sec. 1(L), adopted 10/23/01)
(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 thereon;
(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.
(c)
The city council shall adopt procedural rules for the capital improvements advisory committee to follow in carrying out its duties.
(Ordinance 99-12, sec. 1.17, adopted 3/8/99)
(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.
(Ordinance 99-12, sec. 1.18, adopted 3/8/99)
(a)
The city council may partially exempt or reduce applicable impact fees rates to those rates set forth in the rate schedule in effect as of June 16, 2003 for a regional-scale economic development prospect for which a written proposal has been presented to the city by 5:00 p.m. July 8, 2003. For the purposes of this subsection, “prospect” means a pending real estate development that has received preliminary review by the city, but for which no building permits have been issued, as of June 16, 2003; “regional scale” means those singular office, retail or industrial uses with over ten thousand (10,000) square feet of gross leasable floor area, and generating at least ten (10) employees based on the Institute of Transportation Engineers employment density factors.
(b)
Uses that meet the definition of “church” as provided in the zoning ordinance (Ordinance 89-13 as amended) are exempt from 100% of roadway, water and sewer impact fees.
(c)
There shall be no other exemptions.
(Ordinance 99-12, sec. 1.19, adopted 3/8/99; Ordinance 2001-63, sec. 1(M), adopted 10/23/01; Ordinance 2003-24, sec. 1, adopted 7/8/03; Ordinance 2003-58, secs. 1, 2, adopted 9/9/03)
(a)
The city may finance capital improvements or facility expansion 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.
(Ordinance 99-12, sec. 1.20, adopted 3/8/99)
(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 sanitary sewer 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 article 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.
(Ordinance 99-12, sec. 1.21, adopted 3/8/99)
(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 article 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 days of the request. If the city council determines that the duty is required pursuant to this article 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 be appealed pursuant to section 10.03.013.
(b)
The city council may grant a variance from any requirement of this article, upon written request by a developer or owner of property subject to this article, 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 99-12, sec. 1.22, adopted 3/8/99)
Schedule 1 and schedule 2, as referenced in this article, shall be as follows:
Schedule 1 and Schedule 2 Rates* | ||||||
|---|---|---|---|---|---|---|
Schedule 1 | Schedule 2 | |||||
Type of Impact Fee | Actual Costs | Maximum allowable at 50% of actual cost | Residential | Percentage of Actual Costs | Nonresidential | Percentage of Actual Costs |
Utility Facilities* | ||||||
Water | $11,284.00 | $5,642.00 | Based on meter size starting at $5,642.00 | 50.00% | Based on meter size starting at $5,642.00 | 50.00% |
Wastewater | $8,872.00 | $4,436.00 | Based on meter size starting at $4,436.00 | 50.00% | Based on meter size starting at $4,436.00 | 50.00% |
Roadway Facilities** | ||||||
Service Area 1 | $2,186.00 | $1,093.00 | $972.00 | 44.46% | $972.00 | 44.46% |
Service Area 2 | $1,970.00 | $985.00 | $972.00 | 49.43% | $972.00 | 49.43% |
Service Area 3 | $2,028.00 | $1,014.00 | $972.00 | 47.93% | $972.00 | 47.93% |
Service Area 4 | $2,452.00 | $1,226.00 | $972.00 | 39.64% | $972.00 | 39.64% |
Service Area 5 | $0.00 | $0.00 | $0.00 | 0% | $0.00 | 0% |
Service Area 6 | $1,944.00 | $972.00 | $972.00 | 50.00% | $972.00 | 50.00% |
Service Area 7 | $6,138.00 | $3,069.00 | $972.00 | 15.84% | $972.00 | 15.84% |
*Rates based on utility equivalency service units multiplier for each use as established below. |
** Rates based on table 3-3 set forth in the impact fee study. |
Utility Equivalency Service Units | ||||
|---|---|---|---|---|
Actual Meter Size | Equivalency Service Units (ESU) | Water | Wastewater | Total |
5/8" | 1 | $5,642.00 | $4,436.00 | $10,078.00 |
1" | 1.4 | $7,898.80 | $6,210.40 | $14,109.20 |
1.5" | 2.8 | $15,797.60 | $12,420.80 | $28,218.40 |
2" | 4 | $22,568.00 | $17,744.00 | $40,312.00 |
3" | 14 | $78,988.00 | $62,104.00 | $141,092.00 |
4" | 24 | $135,408.00 | $106,464.00 | $241,872.00 |
6" | 50 | $282,100.00 | $221,800.00 | $503,900.00 |
8" | 72 | $406,224.00 | $319,392.00 | $725,616.00 |
10" | 116 | $654,472.00 | $514,576.00 | $1,169,048.00 |
12" | 200 | $1,128,400.00 | $887,200.00 | $2,015,600.00 |
(Ordinance 2022-12 adopted 4/12/22)