The following definitions apply in this article:
Advisory Committee.The city planning and zoning commission or other committee appointed by the city council in accordance with this article.
Capital Improvements.The roadway facilities and water and wastewater facilities (including expansions of existing roadway facilities and water and wastewater facilities to provide additional capacity) that are identified as capital improvements or facility expansions in the capital improvements plan.
Capital Improvements Plan.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 the impact fee statute, and other pertinent information.
City.The City of DeSoto, Texas.
Development Agreement.A contract relating to capital improvements and impact fees entered into by the city and a property owner in accordance with this article.
Facility Expansion.The expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvements, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development.
Impact Fee Study.The report prepared by Freese & Nichols, Inc. dated July 2021 titled Roadway, Water and Wastewater Impact Fee Report prepared for the city, a true and correct copy of which is on file in the office of the city secretary and is incorporated herein by reference.
Land Use Assumptions.The projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the city, as set forth in Chapter of the Impact Fee Study, as amended from time to time, upon which the impact fee capital improvements plans are based.
Land Use Equivalency Table.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. The land use equivalency table may be incorporated in a schedule of impact fee rates.
Maximum Fee Rate.The dollar rate per service unit determined by the capital improvements plan as the maximum rate for calculating and assessing impact fees allowed in accordance with the impact fee statute. Maximum fee rates for roadway facilities are established in Schedule 1 found in found in the fee schedule found in the appendix of this code. Maximum fee rates for water facilities are established in Schedule 3 found in found in the fee schedule found in the appendix of this code. The maximum fee rates for wastewater facilities are established in Schedule 5 found in found in the fee schedule found in the appendix of this code.
New Development.The subdivision of land within the territorial boundaries of the city that increases the number of service units for which an impact fee may be payable, the construction, reconstruction, relocation, structural alteration, remodeling, or other physical change in any structure located within the territorial boundaries of the city that increases the number of service units for which an impact fee may be payable, or any use, extensions of the use or change in use of land or structures located within the territorial boundaries of the city that increases the number of service units for which an impact fee may be payable.
Non-residential Property.Any property that is not residential property. Property located in a multi-family zoning district is considered non-residential property for purposes of this article.
Payment and Collection Rate.The dollar rate per service unit established by this article for paying and collecting impact fees. The payment and collection rate is less than or equal to the maximum fee rate. Payment and collection rates for roadway facilities are established in Schedule 2 found in found in the fee schedule found in the appendix of this code. Payment and collection rates for water facilities are established in Schedule 4 found in the fee schedule found in the appendix of this code. The payment and collection rates for wastewater facilities are established in Schedule 6 found in the fee schedule found in the appendix of this code.
Plat.Any final subdivision plat or final subdivision replat of any lot or tract within the territorial boundaries of the city approved by the city planning commission under the provisions of Chapter 212 of the Texas Local Government Code and this code, excluding, however, any subdivision plat or replat solely for any of the purposes described in Subsections 212.016(a)(1)-(9) of the Texas Local Government Code (relating to corrections of errors and similar matters).
Residential Property.Property located within a single family, duplex, town house, patio or a planned development zoning district (or identifiable portion of such a district) limited to single-family, duplex, town house or patio use; and property used for single-family, duplex, town house, or patio use on the effective date of this article, although not located within such zoning district .
Roadway Facility.An improvement or appurtenance to a roadway which includes, but is not limited to, rights-of-way, whether conveyed by deed or easement; intersection improvements; traffic signals; turn lanes; drainage facilities associated with the roadway facility; street lighting or curbs; and water and wastewater improvements affected by the roadway facility.
(1) The term “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, 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.
(2) The term “roadway facility” does not include those improvements or appurtenances to any roadway which is a site-related facility.
Service Area.In the case of impact fees for water and wastewater facilities, the entire area within the territorial boundaries of the city. In the case of impact fees for roadway facilities, any of the several roadway facility service areas described on the service area map.
Service Area Map.The service area map included in the capital improvements plan, which shows the territorial boundaries of the city (the water and wastewater facilities service area) and the boundaries of each of the roadway facilities service areas.
Service Unit.In the case of impact fees for water and wastewater facilities, the service unit shall be a "five-eighths inch (5/8") water meter equivalent," as more particularly described in the capital improvements plan. In the case of impact fees for roadway facilities, the service unit shall be a "vehicle-mile in the p.m. peak hour," as more particularly described in the capital improvements plan.
Service Unit Equivalent (SUE).Ratio of a service unit to various types of land uses which serves as an equivalent measure of consumption, use or general attributable to the new development. For roadway facilities, the SUE is established in Schedule 7 found in the fee schedule found in the appendix of this code and for water and wastewater facilities the SUE is established in Schedule 8 found in the fee schedule found in the appendix of this code.
Structure.Any buildings or other improvements to land, including sidewalks, paving, lighting, irrigation systems, drainage and storm water detention facilities, and utility and communication lines and equipment.
Wastewater and Water Facilities.Water supply, treatment, holding, and distribution or collection facilities identified in the capital improvements plan, as well as any related land, easements, treatment plants, pumps, or other necessary appurtenances.
(1995 Code of Ordinances, Chapter 11, Article 11.700, Section 11.702; Ordinance 2243-21 adopted 9/21/21)