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.
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.
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)