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 pro rata share of the costs of such improvement
necessitated by and attributable to such new development.
(2005 Code, sec. 16.2.01)
This article is adopted pursuant to chapter 395 of the Texas
Local Government Code. The provisions of this article shall not be
construed to limit the power of the city to utilize other methods
authorized under state law to accomplish the purposes set forth herein,
either in substitution for or in conjunction with the provisions of
this article. The city may promulgate guidelines by resolution or
otherwise to implement and administer this article.
(2005 Code, sec. 16.2.02)
(a)
Advisory committee.
Area-related facility.
Assessment.
Capital improvement.
Credit.
Facilities expansion.
Fee schedule.
Final plat approval or approval of a final plat.
Impact fee.
Impact fee capital improvements plan.
Land use assumptions.
New development.
Offset.
Recoupment.
Residential unit equivalent (RUE).
Roadway facility.
Roadway improvements plan.
Service area.
Service unit.
Sanitary sewer facility.
Sanitary sewer facility expansion.
Sanitary sewer improvements plan.
Single-family residential lot.
Site-related facility.
Water facility.
Water facility expansion.
Water improvement plan.
In this article:
The city’s duly appointed planning and zoning commission.
A capital improvement or facility expansion which is designated
in the impact fee capital improvements plan and which is not a site-related
facility. “Area-related facility” may include a capital
improvement which is located off-site, within, or on the perimeter
of the development site.
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 roadway facility, a water facility or a sanitary
sewer facility, with a life expectancy of three (3) or more years,
to be owned and operated by or on behalf of the city.
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 expansion, a water facility expansion or
a sanitary sewer facility expansion.
The schedule of impact fees adopted pursuant to this article, as from time to time amended, contained in appendix B to this article.
The point at which the applicant has complied with all conditions
of approval and the plat has been sent for filing to the county clerk.
A fee for either roadway facilities, water facilities or sanitary sewer facilities, imposed on new development by the city pursuant to this article in order to fund or recoup the costs of capital improvements or facilities expansions 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. Impact fees also do not include charges imposed pursuant to article 10.02 of this code such as pro rata charges or acreage charges for sanitary sewer improvements, front footage charges for sanitary sewer and water lines, or funds deposited in escrow for the construction of roadway improvements.
Either a roadway improvements plan, a water improvements
plan or a sanitary sewer improvements plan adopted or revised pursuant
to this article.
The projections of population and employment growth and associated changes in land uses, densities and intensities in the city, upon which the impact fee capital improvements plans are based, contained in appendix A to this article.
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 Tarrant 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.
The amount of the reduction of an impact fee designated to
fairly reflect the value of area-related facilities or other roadway
facilities, pursuant to rules herein established, provided by a developer
pursuant to the city’s subdivision regulations or requirements.
The imposition of an impact fee to reimburse the city for
capital improvements which the city has previously oversized to serve
new development.
A single unit of service as defined by continuous duty maximum
flow rate in gallons per minute for a 3/4" water meter. The sanitary
sewer “residential unit equivalent” is an estimate at
66 percent for the normally expected sewer flow relationship to water’s
RUE.
An improvement or appurtenance to a roadway which includes,
but is not limited to: design, rights-of-way, whether conveyed by
deed or easement; intersection improvements; traffic-control devices;
turn lanes; drainage facilities associated with the roadway; street
lighting or curbs, and also including any improvement or appurtenance
to an intersection with a roadway officially enumerated in the federal
or state highway system. The term “roadway facility” excludes
those improvements or appurtenances to a roadway which are site-related
facilities.
The adopted plan, as may be amended from time to time, which
identifies the roadway facilities or roadway expansions and their
costs for each roadway benefit area, which are necessitated by and
which are attributable to new development, for a period not to exceed
ten (10) years, which are to be financed in whole or in part through
the imposition of roadway facilities fees pursuant to this article.
Either a roadway benefit area, a water benefit area or a
sanitary sewer benefit area within which impact fees for capital improvements
or facilities expansions will 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. The service
area shall mean the entire city.
The applicable standard unit of measure shown on the conversion
table in the impact fees capital improvements plan which can be converted
either to a vehicle mile in p.m. peak hour or three-fourths inch (3/4")
water meter equivalents, which serves as the standardized measure
of consumption, use or generation attributable to the new unit of
development.
An improvement for providing sanitary sewer service, including,
but not limited to, land or easements, treatment facilities, lift
stations, or interceptor mains, but excluding sanitary sewer lines
or mains which are constructed by developers, the costs of which are
reimbursed from pro rata charges paid by subsequent users of the facilities,
and excluding also site-related facilities.
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 sanitary 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 ten (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.
A lot platted to accommodate a single-family dwelling unit,
as authorized under the city’s zoning regulations.
An improvement or facility which is for the primary use or
benefit of a new development and/or for the primary purpose of safe
and adequate provision of roadway, water or sanitary sewer facilities
to serve the new development, and which is not included in the impact
fee capital improvements plan and for which the developer or property
owner is solely responsible under subdivision and other applicable
regulations.
An improvement for providing water service, including, but
not limited to, land or easements, water treatment facilities, water
supply facilities or water distribution lines, but excluding water
lines or mains which are constructed by developers, the costs of which
are reimbursed from pro rata charges paid by subsequent users of the
facilities and also excluding site-related facilities.
The expansion of the capacity of any existing water facility
for the purpose of serving new development, but not including the
repair, maintenance, modernization, or expansion of an existing water
facility 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 ten (10) years, and which
are to be finished in whole or in part through the imposition of water
facilities fees pursuant to this article.
(b)
The definitions contained in this section are cumulative of and shall
be read in conjunction with the terms and definitions thereof contained
in chapter 395 of the Texas Local Government Code.
(2005 Code, sec. 16.2.03)
The provisions of this article apply uniformly to all new development
within the city, which shall be deemed a single service area.
(2005 Code, sec. 16.2.04)
No application for new development shall be approved within
the city without the assessment of an impact fee pursuant to this
article, and no building permit shall be issued unless the applicant
has paid the impact fee.
(2005 Code, sec. 16.2.05)
(a)
The land use assumptions for the city are contained in appendix A to this article, which is incorporated herein by reference.
(b)
The land use assumptions for the city shall be updated as required
by chapter 395 of the Local Government Code.
(c)
Amendments to the land use assumptions shall incorporate projections
of change in land uses, densities, intensities and population therein
over at least a ten (10) year period.
(2005 Code, sec. 16.2.06)
(a)
The maximum impact fee per service unit 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
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 shall be established by category of capital
improvements and shall be as set forth in the fee schedule.
(b)
The impact fee per service unit which is to be paid by each new development shall be that established by this article, and shall be an amount less than or equal to the maximum impact fee per service unit established in subsection (a) hereof.
(c)
The fee schedule may be amended from time to time utilizing the amendment
procedure set forth in chapter 395 of the Local Government Code.
(2005 Code, sec. 16.2.07)
(a)
The approval of any new development shall include as a condition
the assessment of the impact fee applicable to such development.
(b)
Assessment of the impact fee for any new development shall be made
as follows:
(1)
For a development which is submitted for approval pursuant to the city’s subdivision regulations following the effective date of this article, assessment shall be at the time of final plat approval, and shall be the amount of the maximum impact fee per service unit then in effect, as set forth in the fee schedule, as computed by the procedures set forth in section 10.03.007(a) hereof. The city may provide the subdivider with a copy of the fee schedule prior to final plat approval, but such shall not constitute assessment within the meaning of this article.
(2)
For a development which has received final plat approval prior to
the effective date of this article and for which no replatting is
necessary prior to issuance of a building permit, assessment shall
be on the effective date of this article, and shall be the amount
of the maximum impact fee per service unit set forth in the fee schedule.
(c)
Following assessment of the impact fee pursuant to subsection (b), the amount of the impact fee 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, in which case new assessment shall occur at the fee schedule rate then in effect.
(d)
Following the lapse or expiration of approval for a plat, a new assessment
must be performed at the time a new application for such development
is filed.
(2005 Code, sec. 16.2.08)
(a)
The impact fees due for a development shall be assessed and collected
in accordance with chapter 395 of the Texas Local Government Code.
(b)
Following a request for a building permit or a connection to the
city’s water or sanitary sewer system, the city shall compute
the impact fees due for the new development in the following manner:
(1)
The amount of each impact fee due shall be determined by multiplying
the number of service units generated by the new development by the
impact fee due per service unit using the fee schedule. The number
of service units shall be determined by using the conversion table
contained in the impact fee capital improvements plan.
(2)
The amount of each impact fee due shall be reduced by any allowable offsets or credits for that category of capital improvements, in the manner provided in section 10.03.011 hereof.
(3)
The total amount of the impact fees due for the new development shall
be calculated and attached to the development application or request
for connection as a condition of approval.
(c)
The amount of each impact fee due 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.
(d)
If the building permit for which an impact fee has been paid has
expired, and a new application is thereafter filed, the impact fee
due shall be computed using the fee schedule then in effect, with
credits for previous payment of fees being applied against the new
fees due.
(e)
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 the fee schedule
then in effect.
(2005 Code, sec. 16.2.09)
(a)
For any new development which has received final plat approval prior to February 19, 1990, in accordance with Texas Local Government Code, chapter 212, or pursuant to article 10.02 of this code, or for which an application for final plat approval has been made prior to the effective date of this article, the city may assess, but shall not collect, any impact fee as herein defined, on any service unit for which a valid building permit is issued within one (1) year subsequent to the effective date of this article.
(2005 Code, sec. 16.2.10)
(a)
The city shall offset the reasonable value of any area-related facilities
pursuant to the rules established in this section and which have been
dedicated to and have been received after final acceptance by the
city on or after February 19, 1985, including the value of rights-of-way
for roadways 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.
(b)
The city shall credit pro rata charges which have been paid for area-related facilities pursuant to article 10.02 of this code prior to the effective date of this article, and during the one (1) year period following adoption of this article, during which impact fees established herein may not be collected for certain new developments pursuant to section 10.03.010, against the amount of an impact fee due for that category of capital improvement.
(c)
All offsets and credits against impact fees shall be subject to the
following limitations and shall be granted based on this article and
additional standards promulgated by the city, which may be adopted
as administrative guidelines.
(1)
No offset or credit shall be given for the dedication or construction
of site-related facilities.
(2)
The unit costs used to calculate the offsets 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.
(3)
No offsets shall be given for roadway facilities which are not identified
within the applicable impact fees capital improvements plan, except
that offsets may be given for the value of dedicated rights-of-way
or the value of constructed capital improvements for roadways designated
in the city’s thoroughfare development plan, built to city standards
and finally accepted by the city. Offsets may only be given for dedications
or construction made and finally accepted after February 19, 1985.
(4)
No credit shall be given for roadway facilities which are not identified
within the applicable impact fees capital improvements plan, except
that credit may be given for money deposits (other than impact fees)
paid to the city toward the costs of rights-of-way or the costs of
constructing capital improvements for eligible roadways designated
in the city’s thoroughfare development plan built to city standards
and finally accepted by the city. Credit may only be given for rights-of-way
acquired or construction completed and finally accepted after February
19, 1985.
(5)
Offsets or credits given for new developments which have received final plat approval prior to the effective date of this article, or offsets or credits acquired for new developments during the one (1) year period specified in section 10.03.010 hereof, shall be reduced by subtracting an amount equal to the impact fees which would have been due for the number of existing service units using the fee schedule.
(6)
If an offset or credit applicable to a plat has not been exhausted
within ten (10) years from the date of the acquisition of the first
building permit issued or connection made after the effective date
of this article or within such period as may be otherwise designated
by contract, such offset or credit shall lapse.
(7)
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 this article or for any amount exceeding
the total impact fees due for the development for that category of
capital improvement, unless otherwise agreed to by the city.
(d)
An applicant for new development must apply for an offset or credit
against impact fees due for the development either at the time of
application for final plat approval or (1) if for a roadway facility
fee, at the time of building permit application, and (2) for water
and sewer fees, at the time of connection, unless the city agrees
to a different time. The applicant shall file a petition for offsets
or credits with the city on a form provided by the city for such purpose.
The city must provide the applicant with a decision in writing on
the offset or credit request, including the reasons for the decision.
The decision shall specify the maximum value of the offset or credit
which may be applied against an impact fee, which amount and the date
of the determination shall be associated with the plat for the new
development.
(e)
The available offset or credit associated with the plat shall be
applied against an impact fee in the following manner:
(1)
For single-family residential lots in a new development consisting
only of single-family residential lots which have received final plat
approval, such offset or credit shall be prorated equally among such
lots and shall remain applicable to such lots, to be applied at the
time of filing and acceptance of an application for a building permit
or connection, as appropriate against impact fees due.
(2)
For all other types of new development, including those involving
mixed uses, which have received final plat approval, the offset or
credit applicable to the plat shall be applied to the impact fee due
at the time of issuance of the first building permit or connection
to which the offset or credit is applicable, and thereafter to all
subsequently issued building permits or connections, until the offset
or credit has been exhausted.
(3)
At its sole discretion, the city may authorize alternative credit
or offset agreements upon petition by the owner in accordance with
guidelines therefor promulgated by the city.
(2005 Code, sec. 16.2.11)
(a)
The city shall establish an account to which interest is allocated
for each category of capital facility for which an impact fee is imposed
pursuant to this article. Each impact fee collected 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 10.03.013 hereof.
(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 section 10.03.013 hereof. 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 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 shall maintain financial records for impact fees, which
shall show the source and disbursement of all fees. The records of
the account into which impact fees are deposited shall be open for
public inspection and copying during ordinary business hours.
(2005 Code, sec. 16.2.12)
(a)
The impact fees collected pursuant to this article may be used to
finance or to recoup the costs of any capital improvements or facilities
expansions identified in the impact fee capital improvements plan,
including 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), and the
fees actually paid or contracted to be paid to an independent qualified
engineer or financial consultant preparing or updating the impact
fee capital improvements plan who is not an employee of the political
subdivision. Impact fees may also be used to pay the principal 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 facilities expansions.
(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 impact fee capital
improvements plan;
(2)
Repair, operation, or maintenance of existing or new capital improvements
or facilities expansions;
(3)
Upgrading, expanding or replacing existing capital improvements to
serve existing development in order to meet stricter safety, efficiency,
environmental or regulatory standards;
(4)
Upgrading, expanding or replacing 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;
(5)
Administrative and operating costs of the city; or
(6)
Any other expense, the payment of which is prohibited by chapter
395 of the Local Government Code.
(2005 Code, sec. 16.2.13)
(a)
The property owner or applicant for new development may appeal the
following decisions to the city council:
(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 and credits.
(c)
The appellant must file a notice of appeal with the city secretary
within thirty (30) days following the decision. If the notice of appeal
is accompanied by a bond or other sufficient surety 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.
(2005 Code, sec. 16.2.14)
(a)
Any impact fee or portion thereof collected pursuant to this article
which has not been expended within the service area within ten (10)
years from the date of payment shall be refunded, upon application,
pursuant to the provisions therefor contained in chapter 395 of the
Texas Local Government Code. Interest shall be calculated from the
date of collection to the date of refund at the statutory rate as
set forth in V.T.C.A., Local Government Code, section 395.025 or any
successor statute.
(b)
If a refund is due pursuant to subsection (a), the city shall prorate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed 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.
(c)
If the building permit for a new development for which an impact
fee has been paid has expired, and a modified or new application has
not been filed within six (6) months of such expiration, the city
shall, upon written application, refund the amount of the impact fee
to the applicant.
(2005 Code, sec. 16.2.15)
(a)
The city shall update its land use assumptions and impact fees capital
improvements plans and shall recalculate its impact fees not less
than once every three years 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 fee capital improvements plans, and other factors such as market conditions more frequently than provided in subsection (a) hereof to determine whether the land use assumptions and impact fee capital improvements plans should be updated and the impact fee recalculated accordingly, or whether the fee schedule collection rates should be increased, decreased, or otherwise changed.
(2005 Code, sec. 16.2.16)
The advisory committee shall perform the functions provided
in chapter 395 of the Texas Local Government Code, and such other
functions as the city council may assign consistent therewith.
(2005 Code, sec. 16.2.17)
(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 be in 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 designated and
completed to city standards 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 to be given
against impact fees due for the development.
(b)
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 impact fee capital improvements plan, the terms
of reimbursement shall be incorporated in the agreement required by
subsection [(a) of this section.]
(2005 Code, sec. 16.2.18)
(a)
The city may finance capital improvements or facilities expansions
designated in the impact fee 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,
is 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 may pay all or part of impact fees due for a new development
taking into account available offsets and credits pursuant to duly
adopted criteria.
(2005 Code, sec. 16.2.19)
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 issuance of building permits
or certificates of occupancy. Such fees are intended to be consistent
with and to further the policies of the city comprehensive plan, the
impact fee 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.
(2005 Code, sec. 16.2.20)
(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 prescribed by law. The petition shall be in writing and shall
state the nature of the unperformed duty and request that the act
be performed within sixty (60) 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 performance of the
duty to commence within sixty (60) days of the date of the request
and to continue until completion.
(b)
The city council may grant a variance or waiver 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
a finding that a strict application of such requirement would, when
regarded as a whole, result in confiscation of the property.
(c)
The city council may grant a waiver from any requirement of this
article on other grounds, as may be set forth in administrative guidelines.
(d)
If the city council grants a variance or waiver to the amount of
the impact fee for a new development under this section, it shall
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.
(2005 Code, sec. 16.2.21)
Any building permit application which was duly accepted for
filing prior to the effective date of this article, and which is subsequently
granted, shall be exempt from the assessment and payment of an impact
fee, unless such application thereafter expires.
(2005 Code, sec. 16.2.22)
