This article shall be known and cited as the city’s water and wastewater impact fee ordinance.
(Ordinance 101007-1 adopted 10/7/10
The purpose of this article is to help ensure that adequate water and wastewater facilities are available to serve new growth and development, and to provide for new growth and development to bear a proportionate share of the cost of water and wastewater facilities that serve the new growth and development.
(Ordinance 101007-1 adopted 10/7/10
This article is adopted pursuant to Texas Local Government Code (LGC), chapter 395. 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 to implement and administer this article may be developed and approved by ordinance or resolution of the city council.
(Ordinance 101007-1 adopted 10/7/10
As applied in this article, the following words and terms shall mean:
Advisory committee.
The city’s planning and zoning commission, designated as the capital improvements advisory committee on impact fees in accordance with LGC, chapter 395.
Assessment.
The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this article.
Building permit.
Written permission issued by the city for the construction of, repair of, alteration of or addition to a structure.
Capital construction cost of service.
Costs of constructing capital improvements or facility expansions, including and limited to, the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney fees, and expert witness fees), principal and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance capital improvements or facility expansions identified in the capital improvements plan, and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the city.
Capital improvement.
A water supply, treatment or distribution facility or a wastewater collection or treatment facility with a life expectancy of three or more years that is owned and operated by or on behalf of the city, whether or not the facility is within the impact fee service area.
Capital improvements plan.
The plan approved by the city council which describes the water and wastewater capital improvements or facility expansions and their costs which are necessitated by and attributable to development in the impact fee service area based on the approved land use assumptions. The capital improvements plan is the engineering report and capital improvements plan for the implementation of water and wastewater impact fees prepared for the city by Lockwood, Andrews & Newnam, Inc., which was approved by the city council by resolution dated August 3, 2010.
City.
The City of Buda, Texas.
City council (council).
The governing body of the city.
Development.
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 that may be used on the land or in conjunction with the structure. Development shall include the conversion of an existing use from on-site water or wastewater facilities to the use of city water facilities or wastewater facilities.
Facility expansion.
An expansion of the capacity of any existing water or wastewater facility for the purpose of serving development; it does not include the repair, maintenance, modernization, or expansion of an existing water or wastewater facility to the extent it serves existing development.
Impact fee.
A fee for water facilities or wastewater facilities imposed on development in order to generate revenue to fund or recoup the costs of capital improvements or facility expansions necessitated by and attributable to the development. Impact fee does not include:
(1) 
The dedication of rights-of-way or easements for water facilities or wastewater facilities;
(2) 
Construction or dedication of on-site or off-site water facilities or wastewater facilities under the city’s subdivision or other regulations;
(3) 
Fees placed in trust funds for the purpose of reimbursing developers for over sizing or constructing water facilities or wastewater facilities;
(4) 
Pro rata fees for reimbursement of the costs for extending city water facilities or wastewater facilities; or
(5) 
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.
Impact fee rate.
The amount of the impact fee per service unit.
Impact fee service area.
The area designated in section 16.02.006 below, within which impact fees will be collected in connection with development, and for which impact fees will be expended for capital improvements or facility expansions.
New development.
The subdivision of land; 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.
Property owner.
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 a development.
Service unit (SUE).
A standardized measure of consumption, use or discharge based upon a 3/4" or 5/8" displacement-type or compound-type water meter.
Wastewater facility.
Includes a wastewater interceptor or main, lift station, treatment facility or other facility included within and comprising an integral component of the city’s collection, transmission and treatment system for wastewater. Wastewater facility includes land, easements and structures associated with such facilities.
Water facility.
Includes 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 production, supply, storage or distribution system. Water facility includes land, easements and structures associated with such facilities.
(Ordinance 101007-1 adopted 10/7/10; Ordinance 2017-12 adopted 10/2/17)
This article shall apply uniformly to all development within the impact fee service area. No development shall be exempt from the assessment of impact fees as required in this article provided, however, that the city council may waive payment or pay fees on behalf of any development for reasons of general community welfare.
(Ordinance 2017-12 adopted 10/2/17)
The impact fee service area for both water facilities and wastewater facilities is depicted on the map included in the adopted Water & Wastewater Impact Fee Report prepared by Freese & Nichols, Inc.
(Ordinance 2017-12 adopted 10/2/17)
The land use assumptions report and capital improvements plan are hereby incorporated by reference in this article.
(Ordinance 101007-1 adopted 10/7/10)
(a) 
Impact fees established by this article are in addition to and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land, including, but not limited to, building permits, water and wastewater meter, tap, or connection fees, issuance of certificates of occupancy, or other related taxes, fees or charges.
(b) 
For each development to which impact fees apply, the payment of impact fees as described in this article will constitute a condition of plat, construction permit, utility connection, building permit and other development approvals.
(c) 
This article shall not affect the permissible uses of property, the density of development, public improvement standards and requirements, or any other aspect of city development regulations.
(d) 
The city council may approve an agreement with a property owner for a different time, manner of computation, or payment of impact fees for new development on the owner’s property.
(e) 
This article is not intended to replace or supersede the city’s Unified Development Code (UDC) or any other regulations requiring the dedication, extension or construction of water or wastewater improvements, and is intended to be interpreted consistently with such regulations.
(Ordinance 101007-1 adopted 10/7/10)
(a) 
The functions of the advisory committee are those set forth in LGC, chapter 395, as amended, and shall include the following:
(1) 
Advise and assist the city council and city staff in reviewing, adopting and updating the land use assumptions report and the capital improvements plan;
(2) 
File written comments on the land use assumptions report and the capital improvements plan;
(3) 
Monitor and evaluate implementation of the capital improvements plan;
(4) 
Advise the city of the need to update or revise the land use assumptions report, capital improvements plan and impact fees; and
(5) 
File periodic reports evaluating the progress of the capital improvements plan and identifying perceived inequities in implementing the plan or administering the impact fees.
(b) 
The city shall make available to the advisory committee any professional reports prepared in the development or implementation of the land use assumptions report and capital improvements plan.
(Ordinance 101007-1 adopted 10/7/10)
(a) 
The city shall update the land use assumptions report and capital improvements plan at least every five years, and shall recalculate the maximum impact fee rates based on the update in accordance with LGC, chapter 395, unless the city council determines that an update is not necessary under subsection (c) below. The five-year period shall commence on the date of the city council’s adoption of the land use assumptions report and capital improvements plan.
(b) 
The city may review its land use assumptions report, impact fees, capital improvements plan and other factors such as market conditions more frequently than provided in subsection (a) above, to determine whether the land use assumptions report and capital improvements plan should be updated and the maximum impact fee rates recalculated.
(c) 
If the city council determines that no changes to the land use assumptions report, capital improvements plan or impact fee are needed at the time an update is required under subsection (a), the city council will provide notice of this determination as described in LGC, chapter 395.
(d) 
The city council may amend the actual impact fee rates established herein at any time without revising the land use assumptions report and capital improvements plan. The actual impact fee rates may not, however, exceed the maximum impact fee rates set forth herein.
(Ordinance 101007-1 adopted 10/7/10)