This article is adopted pursuant to the provisions of chapter 395 of the Texas Local Government Code, V.A.T.S., as amended, as well as under the authority of article 11, section 5 of the Texas Constitution. This article implements a policy of the city to impose fees on each new development project to pay the costs of constructing capital improvements and facility expansions necessary to serve new development.
(Ordinance 552-15 adopted 2/17/15)
When used in this article, the following words and terms shall have the meaning ascribed thereto:
Advisory committee (also referred to as impact fee advisory committee).
Those persons appointed by the city council to provide advice to the city council regarding impact fees as required by the enabling legislation for this section.
Area-related facility.
A capital improvement or facility expansion which is designated in the impact fee capital improvements plan and which is not a site-related facility; an area-related facility may include a capital improvement which is located off site, or within or on the perimeter of the development site.
Assessment.
The determination of the amount of the maximum impact fee per service unit that can be imposed on new development pursuant to this article.
Capital improvement.
The following facilities that have a life expectancy of three or more years and are owned and operated by or on behalf of the city:
(1) 
Water supply and distribution facilities; wastewater collection facilities; and stormwater, drainage, flood control facilities as they relate to the construction of roadway facilities; whether or not they are located within the service area; and
(2) 
Roadway facilities.
Capital improvements plan.
A plan that identifies capital improvements or facility expansions for which impact fees may be assessed, as adopted by the city from time to time.
City.
The City of Aubrey, Denton County, Texas.
Credit.
The amount of the reduction of an impact fee for fees, payments or charges for or construction of the same type of facility.
Facility expansion.
The expansion of capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, 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.
Final plat approval or approval of a final plat.
The point at which the applicant has complied with all the conditions of approval and the plat has been released by the city for filing with the county clerk.
Impact fee.
A charge or assessment imposed against new development in order to generate revenue for funding or recovering the costs of capital improvements or facility expansions necessitated by and attributable to new development. The term includes amortized charges, lump sum charges, capital recovery fees, contributions in aid of construction, and any other fee that functions as described by this definition. The term does not include:
(1) 
Required dedications of land for public parks or payments made in lieu thereof;
(2) 
Dedication of rights-of-way or easements, or the construction or dedication of on-site or off-site water distribution, wastewater collection or drainage facilities, or streets, sidewalks, or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development;
(3) 
Lot or acreage fees or pro-rata fees to be placed in trust funds for the purpose of reimbursing developers for constructing or over-sizing water or sewer mains or lines or roadways; or
(4) 
Other pro-rata fees for reimbursement of water or sewer mains or lines or roadways extended to city facilities.
Land use assumptions.
A description of the service area and projections of changes in land uses, densities, intensities, and population in the service area over at least a ten-year period which has been adopted by the city and upon which the capital improvements plan is based.
Land use equivalency table.
One or more tables in the city’s current impact fee report/study converting the demands for capital improvements generated by various land uses to numbers of service units, as may be amended or updated from time to time.
New development.
The subdivision of land, the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of a structure; or any use or extension of the use of land; any of which increases the number of service units.
Off-site.
Located entirely on property which is not included within the bounds of the plat being considered for impact fee assessment.
On-site.
Located at least partially on the plat which is being considered for impact fee assessment.
Roadway facilities.
Arterial or collector streets or roads that have been designated on the city’s officially adopted thoroughfare plan, together with all necessary appurtenances. The term includes the city’s share of costs for roadways and associated improvements designated on the federal or state highway system, including local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances, and rights-of-way. The term includes but is not limited to interest in land, traffic lanes, curbs, gutters, intersection improvements, traffic-control devices, turn lanes, drainage facilities associated with the roadway or street lighting.
Service area.
(1) 
For water supply treatment and distribution facilities and wastewater collection and treatment, the entire area within the corporate limits of the city and its extraterritorial jurisdiction to be served by the capital improvements and facilities expansions specified in the capital improvements plan.
(2) 
For roadway facilities, each individual service area designated in the capital improvements plan served by the roadway facilities designated in the capital improvements plan. The service area is limited to an area within the corporate boundaries and shall not exceed six miles.
(3) 
For drainage facilities: the service area is limited to an area within the corporate boundaries and its extraterritorial jurisdiction, but shall not exceed the actual served by the stormwater, drainage and flood control facilities designated in the capital improvements plan but shall not extend across watershed boundaries.
Service unit.
Also referred to as “living units,” the applicable standard units of measure shown on the land use equivalency table in the current capital improvements plan which can be converted to water meter equivalents, for water or for wastewater facilities, which serves as the standardized measure of consumption, use or generation attributable to the new unit of development. For roadway facilities, the service unit is converted vehicle miles.
Site-related facility.
An improvement or facility which is for the primary use or benefit of a new development, and/or which is for the primary purpose of safe and adequate provision of water, wastewater or roadway facilities to serve the new development, and which is not included in the impact fees capital improvements plan and for which the property owner is solely responsible under subdivision or other applicable development regulations.
Wastewater facility.
An improvement for providing wastewater collection, including but not limited to, land or easements, lift stations, or interceptor mains. Wastewater facility excludes lines or mains which are reimbursed from pro-rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility.
Water facility.
An improvement for providing water supply, treatment and distribution services, including but not limited to, land or easements water treatment facilities, water supply facilities, or water distribution lines. Water facility excludes water lines or mains which are constructed by developers the costs of which are reimbursed from prorate charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility.
(Ordinance 552-15 adopted 2/17/15)
(a) 
The advisory committee shall consist of seven persons selected by the city council, including at least one representative of the real estate, development or building industry who is not an employee or official of a political subdivision or governmental entity. If any impact fee is to be applied in the extraterritorial jurisdiction of the city, a representative from the area shall be appointed by the city council.
(b) 
The advisory committee serves in an advisory capacity and is established to:
(1) 
Advise and assist the adoption of land use assumptions;
(2) 
Review the capital improvements plan and file written comments;
(3) 
Monitor and evaluate implementation of the capital improvements plan;
(4) 
File semi-annual 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; and
(5) 
Advise the city staff and council of the need to update or revise the land use assumptions, capital improvements plan and impact fee.
(c) 
All professional reports concerning the development and implementation of the capital improvements plan shall be made available to the advisory committee.
(d) 
The advisory committee shall elect a chairperson to preside at its meetings and a vice chairperson to serve in their absence.
(e) 
The land use assumptions and capital improvements plan shall be updated at least every five years.
(Ordinance 552-15 adopted 2/17/15)
(a) 
Water and wastewater impact fees shall be assessed for new development at the time final plats for single-family residential are released for recordation and due and payable at the time a building permit is issued, or for land platted outside the corporate limits, at the time an application is filed for an individual meter connection to the water or wastewater system. Water and wastewater impact fees for other than single-family residential shall be assessed at any time and shall be due and payable prior to connection to the city’s water or sanitary sewer system. Irrigation meters in single-family residential are additional service units and will be assessed and fees collected at time of connection to the city’s water or sanitary sewer system. Roadway impact fees shall be assessed for new development at the time final plats are released for recordation and due and payable at the time a building permit is issued.
(b) 
Additional impact fees or increases in fees shall not be assessed unless the number of service units to be developed on the tract increases. Should the service units be increased, impact fees shall be increased in an amount equal to the current impact fee per service unit multiplied by the difference in the number of service units.
(c) 
Except for roadway facilities, impact fees may be assessed but not collected for property where service is not available unless:
(1) 
The city commits to commence construction of necessary facilities identified in the capital improvements plan within two years and have service available in five years; or
(2) 
The city agrees in writing to permit the owner of the property to construct or finance the capital improvement or facility expansion and agrees that the costs incurred or funds advanced will either:
(A) 
Be credited against the impact fees otherwise due from new development;
(B) 
Reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements of facility expansions, in which case fees shall be reimbursed to the owner at the time collected as other new development plats are recorded; or
(C) 
The owner voluntarily requests that the city reserve capacity to serve future development and enters into a valid written agreement.
(d) 
The owner of property for which there is a recorded plat may enter into an agreement with city providing for the time and method of payment of impact fees, which agreement shall prevail over the provisions of this section.
(e) 
For new development for which a final plat was recorded before the adoption of an impact fee, an impact fee may not be collected on any service unit for which a valid building permit is issued within one year after the date of adoption of the initial impact fee adopted by the city.
(Ordinance 552-15 adopted 2/17/15)
(a) 
The maximum impact fees for the water and wastewater facilities are calculated separately by dividing the cost of the capital improvements or facility expansions necessitated and attributable to new development in the service area within the ten-year planning period by the number of service units anticipated to be added to the city within said ten-year period as set forth in more detail in the capital improvements plan, which is incorporated in this article as if set forth in full for all purposes. The amounts of water and wastewater impact fees to be assessed and collected as to each size and type of water meter are as set forth in table A: water and wastewater impact fees collection rates, located in appendix A to this code, article A7.000(e).
(b) 
The maximum impact fees for roadway facilities are calculated by dividing the costs of the capital improvements identified for roadway facilities or facilities expansion as necessary to serve growth forecast to occur during the 10-year planning period identified in the capital improvements plan (CIP) by the number of service units of growth forecast to occur as determined in the land use assumptions as adopted in the City of Aubrey Roadway Impact Fee Update (2024-2034). The amounts of roadway impact fees to be assessed and collected are as set forth in section A7.001(k), impact fees - roadway, of Appendix A, Fee Schedule, of this code.
(Ordinance 552-15 adopted 2/17/15; Ordinance 897-25 adopted 3/27/2025)
(a) 
Any construction of, contributions to, or dedications of any facility appearing on the capital improvements plan which is required by the city to be constructed by the owner as a condition of development shall be credited against the impact fees otherwise due from the development. Credit for impact fees due an owner in one category of impact fees may not be used to offset impact fees in another category.
(b) 
As an alternative to the foregoing, the city and owner may enter into an agreement providing that, in addition to the credit, owner will be reimbursed for all or a portion of the costs of such facilities from impact fees received from other new developments that will use such capital improvements of facility expansions.
(c) 
An owner shall be entitled to a credit against any category of impact fee when so provided in any written agreement between the city and the owner.
(d) 
No credit for construction of any facility shall exceed the total amount of impact fees due from the development for the same category of improvements.
(Ordinance 552-15 adopted 2/17/15)
(a) 
All impact fees collected shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee is adopted.
(b) 
Interest earned will be credited to the account and is subject to the same restrictions on expenditures as the funds generating such interest.
(c) 
Impact fees and the interest earned thereon may be expended only for the purposes for which such fees were imposed as shown in the capital improvements plan.
(d) 
The records of the accounts into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours.
(Ordinance 552-15 adopted 2/17/15)
(a) 
On the request of an owner of property on which an impact fee has been paid, impact fees shall be refunded if existing facilities are available and service is denied, or, if the city failed to commence construction of facilities required for service within two years of payment of the fee, or if construction is not complete within a reasonable time considering the type of capital improvements or facility expansion to be constructed, but not in any event more than five years from date of payment of the fee.
(b) 
Any impact fee funds not expended within ten years after payment shall be refunded.
(c) 
Refunds shall bear interest calculated from the date of collection to the date of refund at the statutory rate set forth in section 302.002 Texas Finance Code or its successor statute.
(d) 
All refunds will be made to the owner of record at the time the refund is paid. If, however, the impact fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity.
(Ordinance 552-15 adopted 2/17/15)
Upon written application of the owner of property upon which impact fees were assessed, the city council shall consider appeals to the interpretations of or errors in the application of the impact fee regulations or schedules used to calculate the fees or credits.
(Ordinance 552-15 adopted 2/17/15)
Under a duly adopted development agreement the city council may, for the purpose of promoting economic development within the city, forgo collection of some or all of the impact fees that would otherwise become subject to collection under this article.
(Ordinance 552-15 adopted 2/17/15)
Other applicable development and utility fees, including without limitation tap or connection fees, are not eliminated, reduced, discounted, or otherwise diminished by any provision of this article.
(Ordinance 552-15 adopted 2/17/15)