This Division is intended to assure the provision of adequate
public facilities to serve new development in the City by requiring
each new development to pay its share of the costs of such improvements
necessitated by and attributable to such new development.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
This Division is adopted pursuant to Chapter 395 of the Texas
Local Government Code, the Texas Constitution, and the City Charter.
The provisions of this Division 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 Division
and the Garland Code of Ordinances. Guidelines may be developed by
ordinance, resolution, or otherwise to implement and administer this
Division.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
For the purposes of this Division, the following definitions
shall apply:
(A)
“Assessment”
means the determination
of the amount of the maximum impact fee per service unit which can
be imposed on new development pursuant to this Division.
(B)
“Capital improvements”
means either
a water 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.
(C)
“Capital Improvements Advisory Committee”
means the City Planning and Zoning Commission, together with
such ad hoc representatives as may be appointed from time to time,
to fulfill the composition mandated by Texas Local Government Code
§ 395.058.
(D)
“Capital improvements plan”
means
the capital improvements plan adopted by the City Council, as updated
and amended pursuant to this article. The capital improvements plan
identifies those capital improvements for which impact fees may be
imposed by the City, service areas, the maximum fee rate allowed in
accordance with Chapter 395 of the Texas Local Government Code, and
other pertinent information.
(E)
“City”
means the City of Garland,
Texas.
(F)
“Credit”
means the amount of the
reductions of an impact fee for fees, payments or charges for the
same type of capital improvements for which the fee has been assessed.
(G)
“Facilities expansion”
means either
a water facility expansion or a roadway facility expansion.
(H)
“Final plat approval” or “approval of a final plat”
means the point at which the applicant has complied
with all conditions of approval and the plat has been released for
filing with Dallas County.
(I)
“Impact fee”
means either a fee
for water facilities or a fee for roadway facilities imposed on new
development by the City pursuant to this Division 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 property,
rights-of-way or easements for such facilities, or the construction
of such improvements, imposed pursuant to the City zoning or subdivision
regulations, nor do impact fees include fees placed in trust or escrow
funds for the purpose of reimbursing developers for oversizing or
constructing water or pro rata fees for reimbursement of the City’s
costs for extending water mains. Impact fees also do not include charges
for water services to a wholesale customer such as a water district,
political subdivision or the state, or other wholesale utility customer.
(J)
“Impact fee capital improvements plan”
means either a water improvements plan or a roadway capital
improvements plan adopted or revised pursuant to this Division.
(K)
“Land use assumptions”
means the
projections of population and employment growth and associated changes
in land uses, densities and intensities adopted by the City, as may
be amended from time to time, upon which the impact fee capital improvements
plan are based.
(L)
“Land use equivalency table”
means 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 and which is presented in Section 2.33(D) of this GDC.
(M)
“New development”
means a project
involving the construction, reconstruction, redevelopment, conversion,
structural alteration, relocation, or enlargement of any structure,
or any subdivision, development, use or extension of land, that:
(1)
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;
(2)
Requires
either the approval and filing of a plat pursuant to the City’s
subdivision regulations, the issuance of a building permit, or connection
to the City water system; and
(3)
Has
not been exempted from the application of this Division by provisions
contained herein.
(N)
“Offset”
means the amount of the
reduction, in accordance with this Division or administrative guidelines
promulgated under this Division, of an impact fee to fairly reflect
the value of system facilities provided by a developer pursuant to
the City’s zoning and subdivision ordinances, regulations or
requirements.
(O)
“Plat”
means any final subdivision plat or final subdivision replat of any lot or tract within the territorial boundaries of the City approved by the Plan Commission under the provisions of chapter 212 of the Texas Local Government Code, Chapter 31 of the Garland Code of Ordinances, or this GDC, excluding, however, any subdivision plat or replat solely for any of the purposes described in Texas Local Government Code § 212.016(a)(1) through (9) (relating to corrections of errors and similar matters). A plat shall be considered approved on the date reflected on the plat as the date of approval by the Plan Commission.
(P)
“Property owner”
means any person,
corporation, legal entity or agent thereof having a legal or equitable
interest in the land for which an impact fee becomes due. The term
property owner includes the developer of a new development.
(Q)
“Roadway”
means any principal or
minor arterial or collector roadway designated in the City’s
adopted thoroughfare plan, as may be amended from time to time, and
includes any roadway designated as a numbered highway of the official
federal or state highway system, to the extent that the City incurs
capital improvement costs for such facility.
(R)
“Roadway facility”
means an improvement
or appurtenance to a roadway including, without limitation, rights-of-way
(whether conveyed in fee or by easement); intersection improvements;
traffic signals and control devices; turn and deceleration lanes;
medians and median cuts; gutters and other drainage facilities associated
with the roadway; street lighting; and curbs. Roadway facility also
includes any improvement or appurtenance to an intersection with a
roadway officially enumerated in the federal or state highway system,
and to any improvements or appurtenances to such federal or state
highway system, and to any improvements or appurtenances to such federal
or state highway, to the extent that the City has incurred capital
costs for such facilities, including without limitation local matching
funds and costs related to utility line relocation and the establishment
of curbs, gutters, sidewalks, drainage appurtenances and rights-of-way.
Roadway facility does not include those improvements or appurtenances
to a roadway that constitutes a site-related facility.
(S)
“Roadway facility expansion”
means
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.
(T)
“Schedule” or “schedules”
means the approved roadway impact fee rate schedule 1 (max fee),
the roadway impact fee rate schedule 2 (collection rates), the water
impact fee rate schedule 1 (max fee), the water impact fee rate schedule
2 (collection rate), and the official maps of service areas for roadway
impact fees and water impact fees, as applicable, then current and
in effect as of the date of assessment of impact fees pursuant to
this GDC.
(U)
“Service area”
means either a water
service area or a roadway service area within the corporate limits
of the City, as identified on the service area map in the capital
improvements plan, within which impact fees for capital improvements
or facility expansions may be collected for new development occurring
within such area.
(V)
“Service unit”
means, for water
facilities, a living unit equivalent based upon a 5/8 displacement
type water meter; for roadway facilities, the term means a vehicle
mile.
(W)
“Site-related facility”
means an
improvement or facility substantially benefiting or substantially
used, or to be used, by a new development, that is not included in
the capital improvements plan, and for which the property owner is
solely responsible under subdivision or other applicable regulations
governing the new development.
(X)
“System facility”
means a capital
improvement or facility expansion that is designated in the capital
improvements plan and is not a site-related facility. System facility
may include a capital improvement that is located off site, or within
or on the perimeter of the site of the new development.
(Y)
“Water facility”
means 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 but excludes site-related
facilities.
(Z)
“Water facility”
expansion means
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.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 6879, sec. 1, adopted 12/6/16; Ordinance 7055, sec. 3, adopted 5/7/19)
The provisions of this Division apply to all new, nonexempt
development within the corporate boundaries of the City. The provisions
of this Division apply uniformly within each service area.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
No application for new development shall be approved within
the City without assessment of an impact fee pursuant to the 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 or method of payment has been authorized by agreement between
the City and the property owner.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
(A)
Impact
fees per service unit for each service area shall be calculated, determined,
and assessed in accordance with the approved schedules.
(1)
Calculate
the total projected costs of capital improvements necessitated by
and attributable to new development in the service area identified
in the capital improvements plan for each category of capital improvements;
(2)
Divide
the resultant amount by the total number of service units anticipated
within the service area, based upon the land use assumptions for that
service area; and
(3)
From
such amount, subtract a credit equal to fifty percent (50%) of the
total projected costs.
(B)
As an alternative to the calculation made pursuant to subsection (A)(3), the City may, but is not obligated to, incorporate within the capital improvements plan for any category of capital improvements a discount against the total cost of capital improvements, in the amount of the 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.
(C)
The impact fee per service unit to be paid by each new development within a service area shall be that established by this article, 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 subsection (A), and shall in no event exceed the maximum fee per service unit provided by Texas Local Government Code § 395.015.
(D)
The amount
of the impact fees to be assessed by water meter type and size or
by vehicle mile shall be as set forth in Schedule 1. The amount of
the impact fees to be paid by water meter type and size or by vehicle
mile shall be as set forth in schedule 2. Impact fee schedules may
be amended from time to time utilizing an amendment procedure set
forth in this article.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 6879, secs. 2–4, adopted 12/6/16; Ordinance 7055, sec. 3, adopted 5/7/19)
(A)
Assessment
of the impact fee for any new development shall be made as follows:
(1)
For
land that is unplatted at the time of application for a building permit
or utility connection, or for a new development that received final
plat approval prior to April 16, 1991, and for which no replatting
is necessary pursuant to the City subdivision regulations prior to
development, assessment of impact fees shall occur at the time application
is made for the building permit or utility connection, whichever first
occurs, 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 submitted for approval pursuant to the City’s
subdivision regulations on or after April 16, 1991, 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 approval,
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, 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 or other development
application, 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 Texas Local Government Code §
212.016 and the City’s subdivision regulations is not subject
to reassessment for an impact fee.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
(A)
Impact
fees shall be collected at the time the City issues a building permit.
(B)
The impact
fees to be paid and collected by water meter size or by vehicle mile
shall be the amount listed in schedule 2. 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.
(C)
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. The number
of service units shall be determined by using the land equivalency
table shown in attachment 1.
(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 1.78 of this GDC.
(3)
The
total amount of the impact fees for the new development shall be calculated
and attached to the development application as a condition of approval.
(D)
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.
(E)
If 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.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
(A)
Under
the provisions of this section and pursuant to administrative guidelines
promulgated by the City, the present value of any system facility
dedicated to the City by the person against whom impact fees were
assessed, which has been approved and accepted by the City, may be
offset or credited against the amount of the impact fee due for that
category of capital improvement. The offset or credit may not be transferred,
applied or assigned to another development.
(B)
All offsets
or credits against impact fees shall be based upon the standards contained
in the City’s administrative guidelines. No offset or credit
shall be given for the dedication or construction of site-related
facilities.
(C)
No offset
or credit shall be given for an oversized facility that is not identified
within the applicable 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 a development agreement.
(D)
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 otherwise,
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.
(E)
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 for that category of capital improvements,
in accordance with policies and rules established under the City’s
subdivision regulations or the administrative guidelines. The amount
of any offset shall not include the amount of the City’s participation.
(F)
Offsets
and credits created after September 30, 2004 shall expire ten years
from the date the offset or credit was created. Offsets or credits
arising prior to that date shall expire ten years from that date.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
(A)
An account
or accounts shall be established 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 Division. 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 this Division.
(C)
The City
shall establish adequate financial and accounting controls to ensure
that impact fees disbursed from the account are utilized solely for
the purposes authorized in this Division. Disbursement of funds shall
be authorized by the City at such times as are reasonably necessary
to carry out the purposes and intent of this Division; provided, however,
that any fee paid shall be expended within a reasonable period of
time, but not to exceed ten years from the date the fee is deposited
into the account.
(D)
Financial
records for impact fees shall be kept and maintained showing 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.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
(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 is on the property owner/applicant to demonstrate the basis
of the appeal. A notice of appeal must be submitted in writing and
shall be filed with the Director of Planning within thirty days following
the assessment of impact fees under this Division. If the appeal pertains
to assessments on non-residential development, the Director of Planning
shall forward a copy of the notice of appeal to the Director of Economic
Development who shall promptly provide any recommendations on the
merits of the appeal to the Director of Planning prior to submission
of the appeal to the City Council.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 6879, sec. 5, adopted 12/6/16; Ordinance 7055, sec. 3, adopted 5/7/19)
(A)
Upon
written application submitted to the Director of Planning, any impact
fee or portion thereof collected pursuant to this Division that has
not been recouped or expended within the service area prior to or
within ten 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 chapter 302.002, Texas Finance Code or its successor statute. An
application for refund pursuant to this section shall be submitted
within sixty 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 this Division shall be considered expended
if the total expenditures for capital improvements or facility expansion
for the service area prior to or within ten 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 this Division 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
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 years from the date of fee payment.
(D)
If a
refund is due under this section, 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 upon that amount.
(E)
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 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
(A)
The City
shall update its land use assumptions and capital improvements plan
at least every five 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 Chapter 395 of the Texas
Local Government Code.
(B)
The City may review its land use assumptions, impact fees, capital improvements plan and other factors such as market conditions more frequently than provided in subsection (A) to determine whether the land use assumptions and capital improvements plan 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 plan 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.
(C)
If, at the time an update is required pursuant to subsection (A), the City Council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures provided in Texas Local Government Code § 395.0575.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
(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 plan and file written comments on impact
fees;
(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,
capital improvements plan and impact fees; and
(5)
File
a semiannual report evaluating the progress of the capital improvements
plan and identifying any 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 plan.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
(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 an agreement
with the City prior to the issuance of any building permit for the
development. The agreement 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, a requirement as to performance
and payment bonds ensuring the proper and timely completion of the
improvement or expansion, and such other terms and conditions as deemed
necessary by the City. The 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 that 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). An agreement under this section shall be in all respects subject to the availability of City funds, including current and projected impact fee fund accounts.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
Notwithstanding anything to the contrary in this article, no
impact fees shall be payable in any of the following circumstances:
(A)
The new
development consists of an irrigation system connected to a new water
meter located on residential property on which existing single-family
or duplex dwellings are already served through a separate water meter
and the new meter is used primarily for landscape irrigation; or
(B)
If the
City Council determines that a waiver of impact fees for the new development
will result in significant economic benefits for the City that substantially
exceed the likely amount of impact fees that would otherwise be payable
by providing an incentive for capital investment in the City and the
creation or retention of jobs.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
(A)
Impact
fees established by this Article 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 buildings permits,
the connection of water taps, or certificates of occupancy. Impact
fees are intended to be consistent with and to further the policies
of the City’s comprehensive land use plan, the capital improvements
plan, the zoning ordinance, subdivision regulations and other City
ordinances, resolutions, and policies 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 the 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.
(C)
Except
as otherwise provided in this article, 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 that
is or may be lawfully imposed on and due against the property.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
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 specifically 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 the article and is late in being performed, it shall cause the duty to commence within sixty 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 1.80.
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 7055, sec. 3, adopted 5/7/19)
(A)
Roadway
Impact Fee Rate Schedule (Max Fee).
(B)
Water
impact fee schedule 1 (Max Fee).
|
Meter Size*
|
Maximum Continuous Operating Capacity (GPM)**
|
Service Unit Equivalent
|
Maximum Assessable Fee
|
|---|---|---|---|
|
5/8" x 3/4" PD
|
10
|
1
|
$593.00
|
|
3/4" PD
|
15
|
1.5
|
$890.00
|
|
1" PD
|
25
|
2.5
|
$1,483.00
|
|
1-1/2" PD
|
50
|
5
|
$2,965.00
|
|
2" PD
|
80
|
8
|
$4,744.00
|
|
2" Compound
|
80
|
8
|
$4,744.00
|
|
2" Turbine
|
160
|
16
|
$9,488.00
|
|
3" Compound
|
175
|
17.5
|
$10,378.00
|
|
3" Turbine
|
350
|
35
|
$20,755.00
|
|
4" Compound
|
300
|
30
|
$17,790.00
|
|
4" Turbine
|
650
|
65
|
$38,545.00
|
|
6" Compound
|
675
|
67.5
|
$40,028.00
|
|
6" Turbine
|
1,400
|
140
|
$83,020.00
|
|
8" Compound
|
900
|
90
|
$53,370.00
|
|
8" Turbine
|
2,400
|
240
|
$142,320.00
|
|
10" Turbine
|
3,500
|
350
|
$207,550.00
|
|
*PD = Positive Displacement Meter (Typical Residential Water
Meter)
|
|
** Operating capacities obtained from American Water Works (AWWA)
C-700, C-701 & C-702
|
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 6879, sec. 6, adopted 12/6/16; Ordinance 7055, sec. 3, adopted 5/7/19)
(A)
Roadway
Impact Rate Schedule 2 (Collection Rates).
(B)
Water
Impact Fee Rate Schedule 2 (Collection Rate).
|
Meter Size*
|
Maximum Continuous Operating Capacity (GPM)**
|
Service Unit Equivalent
|
Maximum Assessable Fee
|
|---|---|---|---|
|
5/8" x 3/4" PD
|
10
|
1
|
$593.00
|
|
3/4" PD
|
15
|
1.5
|
$890.00
|
|
1" PD
|
25
|
2.5
|
$1,483.00
|
|
1-1/2" PD
|
50
|
5
|
$2,965.00
|
|
2" PD
|
80
|
8
|
$4,744.00
|
|
2" Compound
|
80
|
8
|
$4,744.00
|
|
2" Turbine
|
160
|
16
|
$9,488.00
|
|
3" Compound
|
175
|
17.5
|
$10,378.00
|
|
3" Turbine
|
350
|
35
|
$20,755.00
|
|
4" Compound
|
300
|
30
|
$17,790.00
|
|
4" Turbine
|
650
|
65
|
$38,545.00
|
|
6" Compound
|
675
|
67.5
|
$40,028.00
|
|
6" Turbine
|
1,400
|
140
|
$83,020.00
|
|
8" Compound
|
900
|
90
|
$53,370.00
|
|
8" Turbine
|
2,400
|
240
|
$142,320.00
|
|
10" Turbine
|
3,500
|
350
|
$207,550.00
|
|
*PD = Positive Displacement Meter (Typical Residential Water
Meter)
|
|
** Operating capacities obtained from American Water Works (AWWA)
C-700, C-701 & C-702
|
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 6879, sec. 6, adopted 12/6/16; Ordinance 7055, sec. 3, adopted 5/7/19)
 |
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 6879, sec. 6, adopted 12/6/16; Ordinance 7055, sec. 3, adopted 5/7/19)
 |
(Ordinance 4491, secs. 2, 3, adopted 4/16/91; Ordinance 5852, secs. 1, 2, adopted 9/21/04; Ordinance 6879, sec. 6, adopted 12/6/16; Ordinance 7055, sec. 3, adopted 5/7/19)
