(Ordinance 101007-1 adopted 10/7/10; Ordinance 2017-12 adopted 10/2/17)
(a)
The assessment of the amount of the impact fee per service unit for
each category of capital improvements for a new development shall
be made as follows:
(1)
For a new development on land which is unplatted and for which platting
is not required, the assessment shall occur at the time a building
permit, site plan permit or utility connection application is submitted,
whichever occurs first, and shall be the amount of the maximum impact
fee per service unit then in effect.
(2)
For a new development on platted property, the assessment shall occur
at the time of plat recordation, and shall be the amount of the impact
fee per service unit applicable on the date of recordation. The applicant
for a building permit, site plan permit or utility connection application
shall submit evidence of the date of plat or replat recording with
the application for said permit. The following chart shall be utilized
to calculate the applicable impact fee based on date of recordation:
|
Date of Plat Recordation
|
Water Impact Fee
|
Wastewater Impact Fee
|
|---|---|---|
|
After October 2, 2018
|
$3,595.00
|
$3,515.00
|
|
October 5, 2010 to October 2, 2017
|
$2,187.00
|
$2,531.00
|
|
March 19, 2003 to October 4, 2010
|
$2,721.00
|
$1,514.00
|
|
March 3, 1998 to March 18, 2003
|
$765.00
|
$2,182.00
|
|
$1,222.00 (FM 967 W)*
|
$2,182.00 (FM 967 W)*
| |
|
$2,003.00 (IH 35)*
|
$2,884.00 (IH 35)*
| |
|
July 5, 1994 to March 2, 1998
|
$1,145.00
|
$2,195.00
|
|
June 5, 1990 to July 4, 1994
|
$939.00
|
$567.00
|
|
* Fees applicable to the FM 967 West Subarea and IH-35 Subarea.
See Ord. 98-0303 for service area map.
|
(Ordinance 101007-1 adopted 10/7/10; Ordinance 2017-12 adopted 10/2/17)
The number of service units for a development shall be calculated
based on the size of the water meter necessary to serve the development,
as confirmed by the city. For a development to be connected to the
city wastewater system, but to be connected to a water system other
than the city’s, the property owner shall submit information
regarding the water meter size to be utilized to serve the development
including any supporting documentation required by the city. The number
of service units associated with various water meter sizes are as
follows:
|
Meter Size
|
Water Fee
|
Sewer Fee
|
Combined Fee
|
|---|---|---|---|
|
3/4" or 5/8"
|
$3,595.00
|
$3,515.00
|
$7,110.00
|
|
1"
|
$5,752.00
|
$5,624.00
|
$11,376.00
|
|
1-1/2"
|
$7,190.00
|
$7,030.00
|
$14,220.00
|
|
2"
|
$23,008.00
|
$22,496.00
|
$45,504.00
|
|
3"
|
$46,016.00
|
$44,992.00
|
$91,008.00
|
|
4"
|
$71,900.00
|
$70,300.00
|
$142,200.00
|
|
6"
|
$201,320.00
|
$196,840.00
|
$398,160.00
|
|
8"
|
$345,120.00
|
$337,440.00
|
$682,560.00
|
|
10"
|
$546,440.00
|
$534,280.00
|
$1,080,720.00
|
|
12"
|
$719,000.00
|
$703,000.00
|
$1,422,000.00
|
(Ordinance 2017-12 adopted 10/2/17)
(a)
Impact fees shall be computed and collected at the following times:
(1)
For land within the city limits, at the time the city issues a building
permit, or if no building permit is necessary, at the time an application
for an individual meter connection to the city’s water or wastewater
system is filed.
(2)
For land outside the city limits, at the time an application for
an individual meter connection to the city’s water or wastewater
system is filed.
(b)
If a building permit, site plan permit or utility connection application
for which an impact fee has been paid expires, a new application will
be required to be submitted and the impact fees shall be computed
using the rate then in effect, with credits for previously paid fees
being applied against the newly determined amount.
(c)
Where redevelopment of an existing property results in an increase
in the SUE’s required, the applicant will be required to pay
additional impact fees for the new meter. The amount of impact fees
will be the difference between the amount of the impact fee due for
the new meter and the amount previously paid in connection with the
existing meter.
(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 development on the owner’s property.
(Ordinance 101007-1 adopted 10/7/10)
(a)
If a property owner, in connection with a development, constructs
a capital improvement or facility expansion included in the capital
improvements plan, and the improvement or expansion exceeds minimum
city standards and provides capacity in excess of the needs of the
property owner’s development, the property owner shall be entitled
to an offset or credit against impact fees that would otherwise be
assessed against the development.
(b)
If impact fees for a development will be paid in a lump sum, the allowable costs will be calculated and offset against impact fees at the normal time of collection. If impact fees for a development will be paid incrementally as uses are initiated or constructed on the property, the city will enter into a capital improvement agreement with the property owner under section 16.02.036 that describes the manner in which the allowable costs will be credited towards impact fee payments.
(c)
The amount of an offset or credit shall be based on the extent to
which the capacity of the capital improvement or facility expansion
exceeds the capacity represented by minimum city standards for the
type of facility, or the capacity needs of the property owner’s
development, whichever is greater. The property owner shall submit
evidence of the actual, fair-market cost of the capital improvement
or facility expansion. The cost shall be subject to verification by
the city.
(d)
An offset or credit shall only be applicable against the impact fees
for the type of facility (water facility or wastewater facility) constructed
by the property owner.
(e)
An offset or credit shall not be given for the dedication or construction
of site-related facilities, including improvements and facilities
needed to meet the city’s minimum standards for water or wastewater
facilities.
(f)
An offset or credit shall not be given for an oversized facility
which is not identified within the capital improvements plan, unless
the city agrees that the facility supplies capacity to other new developments
and provision for offsets or credits are incorporated in a capital
improvement agreement with the city.
(g)
An offset or credit shall not be given:
(1)
When no impact fees for a new development can be collected under
this article;
(2)
For any amount exceeding the total impact fees due for a new development
for that category of capital improvements, unless expressly agreed
to by the city in writing; or
(3)
For any oversized facility where the city executes an oversize reimbursement
agreement with the property owner for the oversize cost.
(h)
Offsets or credits shall expire 10 years from the date the offset
or credit was created.
(Ordinance 101007-1 adopted 10/7/10)
(a)
A property owner entitled to a credit under section 16.02.035 may request to enter into a capital improvement agreement with the city. The agreement shall be on a form approved by the city, shall include an estimate of the cost of the improvement or expansion, a construction schedule for commencing and completing construction of the improvement or expansion, a requirement that the improvement be designed and constructed to city standards, and other such terms and conditions deemed necessary by the city. The agreement shall describe the method to be used to determine the amount of the credit each time impact fees are due for development on the property. The agreement shall provide for the credit to run with the land and be used to reduce the amount of the impact fee that would otherwise be owed for each use initiated or constructed on the property.
(b)
The city and the property owner may agree that the costs incurred
or funds advanced will be offset or credited against the impact fees
otherwise due from the new development, will be reimbursed to the
owner from impact fees paid from other new developments that will
use the capital improvements or facility expansions, or be reimbursed
from other funding sources.
(c)
In the event 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 into the capital improvement agreement.
(d)
Capital improvement agreements shall be based on the availability
of city funds from all sources including current and projected impact
fee fund accounts.
(Ordinance 101007-1 adopted 10/7/10)
(a)
The city may finance water and wastewater capital improvements or
facility expansions designated in the capital improvements plan through
the issuance of bonds, through the formation of public improvement
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)
The city council may decide that the city shall pay all or part of
impact fees due for a new development, taking into account available
offsets and credits pursuant to duly adopted criteria.
(Ordinance 101007-1 adopted 10/7/10)
(a)
Upon written request of an owner of a property on which an impact
fee has been paid, the city shall refund all or part of the impact
fee, together with interest calculated from the date of collection
to the date of refund, if any of the following apply:
(1)
Existing facilities are available to serve the development and service
is denied for any reason;
(2)
Existing facilities were not available to serve the development when
the fee was collected, and the city has failed to commence construction
of facilities to provide service within two (2) years of collection
of the fee; or
(3)
Existing facilities were not available to serve the development when
the fee was collected, and the city has failed to make service available
within a reasonable period considering the type of facilities to be
constructed, but in no event later than five years from the date of
payment.
(b)
Upon written request of an owner of a property on which an impact
fee has been paid, any impact fee or portion thereof collected under
this article which has not been expended within 10 years from the
date of payment shall be refunded to the record owner of the property
for which the impact fee was paid. If the impact fees were paid by
another political subdivision or governmental entity, payment shall
be made to the political subdivision or governmental entity. Any refund
shall include interest calculated from the date of collection to the
date of refund at the statutory rate as set forth in section 302.002
of the Finance Code, or its successor statute. The application for
refund under this section shall be submitted within 60 days after
the expiration of the ten-year period for expenditure of the fee.
Under this subsection, impact fees shall be deemed expended on a first
in, first out basis.
(c)
If a refund is due under subsection (a)(1) or (2) above, 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 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 on that amount.
(d)
An impact fee collected under this article will be considered expended
if the total expenditures for capital improvements or facility expansions
within 10 years after the date of payment exceeds the total amount
of fees collected for the category of improvements or expansions (water
or wastewater) during that period.
(Ordinance 101007-1 adopted 10/7/10)
