This article shall be known, and may be cited, as the community impact fee ordinance of the city.
(Ordinance 2011-9-20A, pt. 1, sec. 1.1, adopted 9/20/11)
This article is intended to assure the provision of adequate public facilities to serve new development in the city’s service area by requiring said development to pay its pro rata share of the costs of improvements necessitated by and attributable to such new development.
(Ordinance 2011-9-20A, pt. 1, sec. 1.2, adopted 9/20/11)
This article is adopted pursuant to chapter 395, Texas Local Government Code, the Texas Constitution and the general laws of the state. The provisions of this article 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 article. Guidelines may be developed by resolution or otherwise to implement and administer this article.
(Ordinance 2011-9-20A, pt. 1, sec. 1.3, adopted 9/20/11)
In this article:
Advisory committee.
The city’s impact fee advisory committee appointed by the city council pursuant to section 395.058, Texas Local Government Code, to advise and assist in the adoption of land use assumptions, review and file comments on the capital improvements plan and to perform the other duties set forth in such section.
Assessment.
The determination of the amount of the impact fee per service unit and is the maximum amount which can be imposed on new development pursuant to this article.
Capital improvement.
Either a water facility or a wastewater facility, with a life expectancy of three (3) or more years, to be owned and operated by or on behalf of the city and as listed in the impact fee capital improvements plan.
Chapter 395.
Chapter 395, Texas Local Government Code, as amended.
Credit.
The amount of the reduction of an impact fee or fees, payments or charges for the approved construction or provision of the same type of capital improvements for which the fee has been assessed.
Facilities expansion.
Either a water facility expansion or a wastewater facility expansion.
Final plat approval or approval of a final plat.
The point at which the applicant has complied with all conditions of approval and the plat has been released for filing with the county clerk.
Guidelines.
Administrative or procedural guidelines, if any, developed by the city to further the implementation of the provisions of this article. Said guidelines, as amended from time to time, shall not supersede any provision or alter any substantive procedure established in this article.
Impact fee.
A fee, charge or assessment for water facilities, a fee for wastewater facilities, or both, as appropriately imposed on new development by the city 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, the construction of water or wastewater improvements and other infrastructure within the development to serve the development unless such water or wastewater improvement is listed on the impact fee capital improvements plan, the dedication of parkland or open space, any site-specific facility, or any other work, dedication or improvement that is not a water or wastewater facility listed on the impact fee capital improvements plan.
Impact fee capital improvements plan.
A water improvements plan or a wastewater improvements plan adopted or revised pursuant to this article.
Land use assumptions.
The projections of population growth and associated changes in land uses and intensities adopted by the city, as may be amended from time to time, upon which the impact fee capital improvements plan is based.
Living unit equivalent (L.U.E.).
A unit of measure which represents the quantity of water utilized and wastewater generated on an average annual daily basis from a single-family, detached residence of average size and occupancy and which is the standardized measure used for service units. The formula for determining living unit equivalents is set out in the impact fee capital improvements plan, attached to Ordinance 2011-9-20A as exhibit A.
New development.
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.
Off site.
Located entirely on land which is not included within the bounds of the plat or project being considered for impact fee assessment.
Platted.
Platted in accordance with chapter 212, Texas Local Government Code, or the applicable subdivision or platting procedures of the city.
Service area.
The 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 capital improvements plan applicable to the service area.
Service unit.
The same as “living unit equivalent,” which is the applicable standard units of measure shown in exhibit A to Ordinance 2011-9-20A.
Site-specific facility.
An improvement or facility which is for the primary use or benefit of a new development and which is not included in the capital improvements plan and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. Site-specific facility may include improvements located off site, within, or on the perimeter of the new development site.
Wastewater facility.
An improvement for providing sanitary sewer service, including, but not limited to, land or easements, treatment facilities, lift stations, collection lines, or interceptor mains. Wastewater facilities exclude site-specific facilities constructed by developers.
Wastewater facility expansion.
The expansion of the capacity of any existing wastewater facility for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing wastewater facility to serve existing development.
Wastewater improvements plan.
The adopted plan, as may be amended from time to time, which identifies the wastewater facilities or sanitary sewer expansions and their associated costs which are necessitated by and which are attributable to new development projected within a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of community impact fees pursuant to this article.
Water facility.
An improvement for providing water service, including, but not limited to, land or easements, water supply, water treatment facilities, water supply facilities, water storage facilities, or water distribution lines. Water facility excludes site-specific facilities constructed by developers.
Water facility expansion.
The expansion of the capacity of any existing water facility, including increasing contract rights for water supply, for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing water facility to serve existing development.
Water improvements plan.
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 projected within a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of community impact fees pursuant to this article.
Terms used which are defined in section 395.001, Texas Local Government Code, shall have the same meaning as they have in said code.
(Ordinance 2011-9-20A, pt. 1, sec. 1.4, adopted 9/20/11)
The capital improvements plan identifying capital improvements or facilities expansions pursuant to which impact fees may be assessed, as considered at the April 19, 2011 public hearing and is set out in exhibit B attached to Ordinance 2011-9-20A, is hereby adopted.
(Ordinance 2011-9-20A, pt. 1, sec. 1.5, adopted 9/20/11)
Chapter 395 of the Texas Local Government Code supplements this article to the extent that its provisions may be applicable hereto and, to such extent, its provisions are incorporated herein.
(Ordinance 2011-9-20A, pt. 1, sec. 1.6, adopted 9/20/11)
The terms and provisions of this article shall not be construed in a manner to conflict with chapter 395 of the Texas Local Government Code, as amended, and if any term or provision of this article shall appear to conflict with any term, provision or condition of chapter 395, such ordinance term or provision shall be read, interpreted and construed in a manner consistent with and not in conflict with chapter 395.
(Ordinance 2011-9-20A, pt. 4, sec. 4.1, adopted 9/20/11)
(a) 
The advisory committee is composed of not less than five members who shall be appointed by a majority vote of the governing body of the political subdivision. Not less than 40 percent of the membership of the advisory committee must be representative of the real estate, development, or building industries who are not employees or officials of a political subdivision or governmental entity. If the impact fee is to be applied in the extraterritorial jurisdiction of the political subdivision, the membership must include a representative from that area.
(b) 
The duties of the advisory committee shall be as follows:
(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 fee; and
(5) 
Advise the city council of the need to update or revise the land use assumptions, capital improvements plan, and impact fees.
(c) 
All information and professional reports concerning the development and implementation of the capital improvements plan shall be made available to the advisory committee, and the city staff and contract officers of the city shall provide the committee with such support and assistance as may be required.
(Ordinance 2011-9-20A, pt. 1, sec. 1.7, adopted 9/20/11)