(a)
Unless
there is executed an agreement for payment of impact fees in another
manner, the community impact fee imposed by this article shall apply
to new development.
(b)
The
community impact fee for development coming under this section shall
be assessed and collected with respect to:
(1)
Land platted after the adoption of this article, at the time the
city releases such plat for recording; and
(2)
Development which occurs or is proposed without platting, at the
earlier of the time application is made for a building permit or application
is made for connection to the city’s water or wastewater system.
(c)
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 will
have service available within a reasonable time not to exceed five
years;
(2)
The city agrees in writing to permit the property owner to construct
or finance the required capital improvement(s) or facility expansion(s)
and that the costs incurred or funds advanced by such owner will either:
(A)
Be credited against the impact fees otherwise due from such owner;
(B)
Reimburse the owner for such costs from impact fees paid from such
owner and other new developments that will use such improvements or
expansions, in which case fees shall be reimbursed to the owner as
and when collected by the city from new development; or
(C)
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;
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provided that any such impact fee assessed but not collected, and for which no written agreement is entered into between the city and the property owner pursuant to subsection (d) of this section, shall be thereafter collected at the earlier of the time the city contracts for the capital improvements necessary to serve the property or service is made available to the property.
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(d)
A
property owner and the city may enter into a valid written agreement
providing for the time and method of the payment of impact fees, which
agreement shall prevail over any contrary provision of this article.
(Ordinance 2011-9-20A, pt. 3, sec.
3.1, adopted 9/20/11)
(a)
Impact fees shall be calculated based upon the number of service units as determined by using the conversion table provided in exhibit A to Ordinance 2011-9-20A. The impact fee required for any property, development or application shall be determined by multiplying the number of service units in the proposed development by the amount of the respective impact fees per service unit set forth in section 9.05.028 and in exhibit A to Ordinance 2011-9-20A.
(b)
Should
the number of service units required for any property increase after
the impact fees for such property are assessed and collected, the
impact fees for such property shall be increased in an amount equal
to the impact fee established by this article multiplied by the number
of additional service units required for such property.
(c)
The total amount of impact fees to be paid to and deposited into the impact fee account by the city for any development shall be reduced by any allowable credits, if any, for the category of capital improvements as provided in section 9.05.056.
(d)
If
at any time impact fees are assessed against any property but are
unpaid, the total amount of such unpaid impact fees shall be attached
to the development application, plat and/or other documents applicable
to the property and thereafter collected:
(Ordinance 2011-9-20A, pt. 3, sec.
3.2, adopted 9/20/11)
The community impact fee shall be charged in addition to all
other fees set out by city ordinance or regulation including, but
not limited to, building permit fees and tap fees, parkland dedication
requirements and payments in lieu, and dedication of easements and
right-of-way.
(Ordinance 2011-9-20A, pt. 3, sec.
3.3, adopted 9/20/11)
If granting of easements or rights-of-way is necessary to construction
of an impact fee capital improvement, said easement shall be granted
by the record owner of the land so affected, exclusive and in addition
to the payment of the impact fee, and at the time of payment of the
impact fee, as a condition of service. If construction of an impact
fee capital improvement is undertaken by the city in any public right-of-way
due to lack of said easement, and subsequent relocation of the improvement
is required by any public agency, the record owner of the land shall
bear all expense of said relocation.
(Ordinance 2011-9-20A, pt. 3, sec.
3.4, adopted 9/20/11)
(a)
The
property owner or applicant for new development may appeal the following
decisions to the city council:
(b)
The
burden of proof shall be on the appellant to demonstrate that the
amount of the fee or the amount of the credit was not calculated according
to the applicable schedule of service units or the guidelines established
for determining credits.
(c)
The
appellant must file a notice of appeal with the city secretary within
thirty (30) days following the decision appealed from. If the notice
of appeal is accompanied by a bond or other sufficient surety satisfactory
to the city attorney in an amount equal to the original determination
of the impact fee due, the development application may be processed
while the appeal is pending.
(Ordinance 2011-9-20A, pt. 3, sec.
3.5, adopted 9/20/11)
If the property owner and the city have entered into a valid
written agreement authorized by the city council, then, in that event,
to the extent provided for in such agreement, if any, the property
owner shall be entitled to:
(1)
An
off-set against or credit for the payment of impact fees otherwise
payable by such property owner for the land being developed, to the
extent of the approved costs and expense of any such construction,
contribution, or dedication of any facility appearing on the capital
improvements plan which is required to be constructed by the city
in order to serve a property owner’s development, that is paid
or made by such property owner;
(2)
A
credit against any category of impact fee as provided in the agreement;
or
(3)
Reimbursement
for the costs of capital improvement(s), constructed or paid by the
property owner, from impact fees received from other new developments
that will use such capital improvement(s) or facility expansion(s).
(Ordinance 2011-9-20A, pt. 3, sec.
3.6, adopted 9/20/11)
(a)
On
the request of an owner of property on which an impact fee has been
paid, the political subdivision shall refund the impact fee if existing
facilities are available and service is denied or the political subdivision
has, after collecting the fee when service was not available, failed
to commence construction within two years or service is not available
within a reasonable period considering the type of capital improvement
or facility expansion to be constructed, but in no event later than
five years from the date of the fee payment.
(b)
Upon
completion of all the capital improvements or facilities expansions
identified in the impact fee capital improvements plan, the city shall
recalculate the maximum impact fee per service unit using the actual
costs of the capital improvements or expansions. If the maximum impact
fee per service unit based on actual cost is less than the impact
fee per service unit paid, the city shall refund the difference, if
such difference exceeds the impact fee paid by more than ten percent
(10%). The refund to the record owner shall be calculated by multiplying
such difference by the number of service units for the development
for which the fee was paid, and interest due shall be calculated upon
that amount.
(c)
The
city shall refund any impact fee or part thereof that is not spent
as authorized by this article within 10 years after the date of the
fee payment.
(d)
An impact fee collected pursuant to this article shall be considered expended if the total expenditures for capital improvements or facilities expansions authorized in section 9.05.032 within the service area within ten (10) years following the date of collection exceeds the total fees collected for such improvements or expansions during such period.
(e)
If
a refund is due pursuant to this section, the city shall pro-rate
the same by dividing the difference between the amount of expenditures
and the amount of the fees collected by the total number of service
units assumed within the service area for the period to determine
the refund due per service unit. The total refund payable to any such
property owner shall be calculated by multiplying the refund due per
service unit by the number of service units for the property for which
the fee was paid, and interest due shall be calculated upon that amount.
(f)
Refunds
shall be made only to the record owner of the property at the time
of the refund and shall bear interest calculated from the date of
collection to the date of refund at the statutory rate as set forth
in section 302.002 of the Texas Finance Code, or its successor.
(Ordinance 2011-9-20A, pt. 3, sec.
3.7, adopted 9/20/11)
(a)
The
city shall update its land use assumptions and impact fee capital
improvements plan and shall recalculate its impact fees not less than
once every five years in accordance with the procedures set forth
in Texas Rev. Civil Statutes, Local Government Code, chapter 395,
or in any successor statute; provided that after giving the required
notice the city council may determine that no changes or amendments
are required.
(b)
The city may review its land use assumptions, impact fee capital improvements plan, and other factors such as market conditions more frequently than provided in subsection (a) to determine if the land use assumptions and capital improvements plan should be updated and the impact fee recalculated or adjusted accordingly.
(Ordinance 2011-9-20A, pt. 3, sec.
3.8, adopted 9/20/11)
The payment of impact fees and credits earned under this article
shall inure to the benefit of and remain with the land for which such
impact fees were paid or credits earned, and may not be sold, assigned,
conveyed or transferred for the benefit of any other land or property.
No impact fee receipts, LUEs, rights, benefits or credits arising
under this article may be sold, assigned, transferred or conveyed
except to a subsequent grantee or purchaser of the land for which
such fee was paid or credit earned. All rights or benefits arising
from the payment of an impact fee or any credit shall automatically
vest in the owner and each subsequent owner of the land for which
the fee was paid or credit earned.
(Ordinance 2011-9-20A, pt. 3, sec.
3.9, adopted 9/20/11)
