The city planning and zoning commission.
Any water supply, treatment and distribution facilities or
wastewater collection and treatment facilities having a life expectancy
of three (3) or more years and which are owned and operated by or
on behalf of the city.
The plan adopted by this article that identifies capital
improvements or facility expansions for which impact fees are assessed.
The capital recovery fee (CRF) imposed by this article against
new development in order to generate revenue for funding or recouping
the costs of capital improvements or facility expansions necessitated
by and attributable to the new development.
Includes the description of the service area and projections
of changes in land uses, densities, intensities and population in
the service area over a ten (10) year period.
The subdivision of land, the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement
of any structure, or any use or extension of the use of land, any
of which increases the number of service units.
A unit that consumes the amount of water or discharges the
amount of wastewater that a standard low density (3.2 D.U. per acre)
residential unit would (1.00 RUE per connection).
The area within the corporate boundaries or extraterritorial
jurisdiction of the city to be served by the capital improvements
or facilities expansions specified in the capital improvements plan,
such area being specified by this article.
The standardized measure of consumption, use, generation
or discharge attributable to an individual unit of development.
(2003 Code, sec. 13.1501)
No application for new development shall be approved within
the city without assessment of an impact fee pursuant to this article,
and no building permit shall be issued unless the applicant has paid
the impact fee imposed by and calculated under this article.
(2003 Code, sec. 13.1502)
The “City of Forney Ten Year Land Use Plan,” dated
May 1990, and heretofore approved by resolution of the city council,
as kept on file in the office of the city secretary, is approved hereby
and incorporated herein by reference for all purposes.
(2003 Code, sec. 13.1503)
The land use assumptions for the city shall be updated at least
every three (3) years as provided by section 395.052 et seq. of the
Texas Local Government Code. Amendments to the land use assumptions
shall incorporate projections of changes in land uses, densities,
intensities and population therein over at least a ten (10) year period.
(2003 Code, sec. 13.1504)
A capital improvements plan styled “City of Forney Ten
Year Water and Wastewater System Capital Improvements Plan”
dated April 2005, as kept on file in the office of the city secretary,
is hereby adopted and made a part hereof for all purposes.
(2003 Code, sec. 13.1505)
The “Report on Proposed Capital Recovery Fees,”
dated May 1990, as kept on file in the office of the city secretary,
is hereby adopted and made a part hereof for all purposes.
(2003 Code, sec. 13.1506)
(a)
The impact fee per service unit or RUE which is to be paid by each
new development within the service area shall be as established herein
and may be amended from time to time.
(b)
The impact fees due for a new development shall be assessed prior
to or at the time of platting in the case of a new subdivision or,
if new development occurs or is proposed to occur without platting,
such fees shall be assessed at the time of connection to the city’s
water or sewer system, and all such fees shall be collected at the
time of issuance of a building permit. Where service is connected
without the necessity of a building permit, all such fees shall be
collected at the time of connection to the city’s water or sewer
system.
(c)
For new development platted prior to the adoption of this article
for which no impact fee was charged or assessed prior to June 20,
1987, an impact fee may not be collected under this article for a
period of one (1) year from the date of adoption hereof; provided,
however, any other ordinance of the city requiring dedication or payment
in lieu of dedication of land for public parks, or requiring dedication
of right-of-way or easements, or construction or dedication of on-site
water distribution, wastewater collection, or drainage facilities
or streets, sidewalks or curbs necessitated by and attributable to
new development or fees to be placed in trust for the purpose of reimbursing
the city or developers for oversizing or constructing water or sewer
mains or lines, shall remain in full force and effect and not be repealed
by the terms of this article.
(d)
An impact fee per service unit or RUE of new development for water supply, treatment and distribution facilities is hereby imposed in accordance with the RUE for water set out in the city impact fee calculations prepared by the city engineer, on file in the office of the city secretary, as set forth in appendix A of this code. An impact fee per service unit or RUE of new development for wastewater collection and treatment facilities is hereby imposed in accordance with the RUE for wastewater set out in the calculations, as set forth in appendix A. The amount of each impact fee due shall be determined by multiplying the number of RUEs generated by the new development by the impact fee due per RUE. If new development water or wastewater uses will exceed the RUEs set out in exhibit C on file in the office of the city secretary by more than ten percent consumption or flow, the city engineer shall calculate the amount of impact fees for each category based on actual use.
(2003 Code, sec. 13.1507; Ordinance 12-03, sec. 54, adopted 2/21/12)
(a)
All funds collected through the adoption of this article shall be
deposited in interest-bearing accounts clearly identifying the category
of capital improvements or facility expansions within the service
area for which these fees were adopted. Interest earned on such fees
is considered funds of the account on which it is earned and is subject
to all restrictions placed on the use of these fees.
(b)
Impact fee funds may be spent only for the purposes for which the
fee was imposed as set out in exhibit B on file in the office of the
city secretary.
(c)
The records of account into which impact fees are deposited shall
be open for public inspection and copying during ordinary business
hours of the city.
(d)
Impact fees may be assessed to areas where services are not currently
available, but impact fees may not be collected under this article:
(1)
Unless the collection is made to pay for a capital improvement or
facility expansion that has been identified in exhibit B on file in
the office of the city secretary, and the city commits to commence
construction within two (2) years of such capital improvement or facility
expansion and commits to have the service available within a reasonable
period of time not to exceed five (5) years;
(2)
Unless the city agrees that an owner of a new development may construct
or finance the capital improvements or facility expansions and agrees
that the costs incurred or funds advanced will be credited against
the impact fees otherwise due from the new development or the city
agrees to reimburse the owner for such costs from impact fees paid
from other new developments that will use such capital improvements
or facility expansions; or
(3)
Unless the owner voluntarily requests the city to reserve capacity
to serve future development and the city and the owner enter into
a valid written agreement.
(e)
The city may agree that an owner of a new development may construct
or finance the capital improvements or facility expansions and the
costs incurred or funds advanced will be credited against the impact
fee otherwise due from the new development or the city may agree to
reimburse the owner for such costs from impact fees paid from other
new developments that will use such capital improvements or facility
expansions, or the owner voluntarily requests the city to reserve
capacity to serve future development and the city and the owner enter
into a valid written agreement.
(2003 Code, sec. 13.1508)
The advisory committee shall file semiannual reports with respect
to the progress of the capital improvements plan and report to the
city council any perceived inequities in implementing the plan or
imposing the impact fees. The committee shall advise the city council
of the need to update or revise the land use assumptions, capital
improvements plan, and impact fees. The procedural rules of the planning
and zoning commission shall be applicable to the advisory committee
in carrying out these functions.
(2003 Code, sec. 13.1509)
Water/wastewater impact fees shall be assessed as set forth in appendix A of this code.
(Ordinance 12-03, sec. 55, adopted 2/21/12)
(a)
Adopted.
(1)
The land use assumptions (LUA) and capital improvements program [plan]
(CIP), including the roadway impact fee and land use definitions,
included in the roadway impact fee study update for the city dated
March 10, 2022, prepared by Freese and Nichols, Inc., on file in office
of the city secretary and incorporated herein by reference for all
purposes, are hereby adopted as the land use assumptions and roadway
facilities capital improvements plan for the city. The LUA and CIP
shall be reviewed and updated at least every 5 years.
(2)
A roadway facilities impact fee as specified in the master fee schedule,
per service unit in service area A and per service unit in service
area B is hereby imposed as authorized by chapter 395 of the Texas
Local Government Code, as amended. The amount of each roadway facilities
impact fee due will be determined by multiplying the number of service
units generated by the new development times the impact fee.
(3)
Any construction of, contributions to, or dedications of off-site
roadway facilities agreed to or required by the city as a condition
of development approval shall be credited against roadway facilities
impact fees otherwise due from the development.
(4)
The city secretary will submit written certification, signed by the
mayor, verifying compliance with chapter 395 of the Texas Local Government
Code to the attorney general each year, not later than the 30th of
September. The certification shall include the statement: “This
statement certifies compliance with chapter 395, Local Government
Code.”
(5)
A record must be made and kept of the public hearings conducted as
provided by this chapter and maintained and made available for public
inspection for at least 10 years after the date of the hearing.
(b)
This section is adopted pursuant to V.T.C.A., Local Government Code,
chapter 395. The provisions of this section 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 section. Guidelines may be developed by city council resolution
or otherwise to implement and administer this section.
(c)
The provisions of this section apply to all new development within
the corporate boundaries of the city.
(d)
No application for new development shall be approved within the city
without assessment of an impact fee pursuant to this section, and
no building permit shall be issued unless the applicant has paid the
roadway facilities impact fee imposed by and calculated hereunder.
(e)
Following the lapse or expiration of approval for a plat, a new assessment
shall occur at the time of final approval of a new plat.
(f)
An application for an amending plat made pursuant to V.T.C.S., Local
Government Code, section 212.016, and the subdivision regulations,
is not subject to reassessment for an impact fee.
(Ordinance 22-19 adopted 5/3/22)
