(a) Impact fees shall not be collected from any local taxing unit, as
defined in the state Tax Code, that is authorized to impose and is
imposing ad valorem taxes on property.
(b) No wastewater impact fee shall be charged for an irrigation meter.
(c) No impact fee shall be charged for a fire line meter that serves
only a fire suppression system.
(d) The city may adopt and administer guidelines to encourage the construction
of affordable housing and to encourage water efficient development
and may, pursuant to said adopted guidelines, enter into an agreement
to refund a percentage of the impact fees paid for construction of
new single-family dwellings that qualify under said guidelines.
(Ordinance 101007-1 adopted 10/7/10)
(a) A property owner or applicant for new development may appeal the
following 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;
(6) The amount of a refund due, if any;
(7) The applicability of an exception or exemption.
(b) The appellant must file a notice of appeal with the city secretary
within thirty (30) days following the decision being appealed. If
the notice of appeal is accompanied by a bond or other surety instrument,
satisfactory to the city, in an amount equal to the original determination
of the impact fee due, the development application may be processed
and approved while the appeal is pending.
(c) The appeal shall be heard by the city council at its next regular
meeting that is scheduled at least 15 days from the date that the
appeal is filed. The appellant may present evidence directly relevant
and material to the grounds for the appeal. The city council may limit
the appellant’s presentment of evidence to a reasonable time
period. The burden of proof shall be on the appellant to demonstrate
that the decision being appealed was not in accordance with this article
or other standards or guidelines adopted under or referred to in this
article.
(d) The city council, after a public hearing, may grant the appeal in
whole or in part, or deny the appeal. If the amount of an impact fee
is reduced, any portion of the impact fee paid under protest shall
be refunded to the appellant.
(Ordinance 101007-1 adopted 10/7/10)
(a) Any person who has paid an impact fee or a property owner of land upon which an impact fee has been paid may submit a written petition to the city council to determine whether any duty required by this article has been performed within the time so prescribed. The petition shall be submitted to the city secretary and shall state the nature of the unperformed duty. The city council shall hear the petition within sixty (60) days of the request. If the council determines that the duty is required by this article and is late in being performed, the council shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. This subsection shall not apply to matters which may be appealed under section
16.02.082 above.
(b) The city council may grant a variance or waiver in whole or in part
from any requirement of this article, upon written request by a property
owner, following a public hearing. The council will grant a variance
only upon finding that a strict application of a requirement would,
when regarded as a whole, result in confiscation of the property owner’s
property.
(c) If the city council grants a variance to the amount of the impact
fee due for a new development under this section, the council may
transfer the amount of the reduction in the impact fee to the proper
impact fee account from other city funds.
(Ordinance 101007-1 adopted 10/7/10)