For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them in this section:
means the city’s planning and zoning commission, with or without supplementary members as appointed heretofore.
means the filing of the final plat with the county following compliance with all conditions of approval pursuant to the city’s subdivision regulations.
means any person, group of persons, firm, corporation or any other legal entity having legal title to or sufficient proprietary interest in the property on which new development is to occur. The term “property owner” includes the developer for the new development.
for the purpose of this division, means the land within the city.
means one equivalent meter unit, which is the standardized measure of consumption, use or generation of wastewater or water facilities equivalent to the consumption, use or generation of such facilities attributable to a single-family dwelling unit and utilizing a three-quarter-inch water meter.
means the physical connection of the new development to the city’s water system or the city’s wastewater system.
The term “wastewater facility” means land or easements and improvements associated with wastewater treatment facilities, whether or not such facilities are owned and operated by the city or on behalf of the city.
The term “wastewater facility” excludes wastewater collection mains and facilities.
means 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.
means the expansion of the capacity of any existing water facility for the purpose of serving new development, but does not include the repair, maintenance, modernization or expansion of an existing water improvement [water facility] to serve existing development.
(1976 Code, sec. 32-100; 1998 Code, sec. 130-151; 2013 Code, sec. 60-246)
The provisions of this division apply to all new development within the corporate boundaries of the city.
(1976 Code, sec. 32-101; 1998 Code, sec. 130-152; 2013 Code, sec. 60-247)
No final plat or replat for new development shall be approved for recording without assessment of an impact fee pursuant to this division, and no building permit shall be issued nor shall any utility connection be made until the applicant has paid the impact fee imposed by and calculated herein.
(1976 Code, sec. 32-102; 1998 Code, sec. 130-153; 2013 Code, sec. 60-248)
The land use assumptions for water and wastewater are set forth in exhibit A, styled “City of Forest Hill Land Use Assumptions, Water and Wastewater,” and exhibit A is attached to Ordinance Number 772 and is incorporated herein by reference.
(1976 Code, sec. 32-103; 1998 Code, sec. 130-154; 2013 Code, sec. 60-249)
(a)
Maximum impact fees per service unit shall be calculated separately for wastewater facilities and for water facilities and shall be the amount set forth in schedule 1 attached to Ordinance Number 772 and made a part of this division by reference.
(b)
The impact fee per service unit for each category of capital improvements, which is to be paid by each new development, shall be that established by the city council as may be amended from time to time and shall be not more than the maximum impact fee per service unit established in subsection (a) of this section. Impact fees which are to be paid shall be as set forth in schedule 2 attached to Ordinance Number 772 and made a part of this division by reference.
(1976 Code, sec. 32-104; 1998 Code, sec. 130-155; 2013 Code, sec. 60-250; Ordinance adopting 2021 Code)
(a)
Assessment of the impact fee for any new development shall be made as follows:
(1)
For development which is submitted for approval pursuant to the city’s subdivision regulations following the effective date of the ordinance from which this division is derived, assessment shall occur at the time of final plat recordation, and shall be the amount of the maximum impact fee per service unit then in effect, as set forth in schedule 1 attached to Ordinance Number 772. The city in its sole discretion may provide the subdivider with a copy of schedule 1 attached to Ordinance Number 772 prior to final plat approval, but such shall not constitute assessment within the meaning of this division.
(2)
For development which has received final plat approval prior to the said effective date, for which no replatting is necessary prior to the issuance of a building permit, and for which plat has been recorded with the county, or for lots which predate the city’s subdivision regulations and which are exempt from platting requirements, assessment shall occur on the effective date of this division, and shall be the amount of the maximum impact fee per service unit set forth in schedule 1 attached to Ordinance Number 772.
(b)
Following assessment of the impact fee for a new development pursuant to subsection (a) of this section, the amount of the impact fee per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval, in which case the impact fee will be reassessed at the schedule 1 attached to Ordinance Number 772 rate then in effect.
(1976 Code, sec. 32-105; 1998 Code, sec. 130-156; 2013 Code, sec. 60-251)
(a)
The impact fees due for the new development shall be collected prior to or at the time of issuance of the building permit or prior to or at the time of connection to the city’s water or wastewater system, whichever occurs first, unless an agreement has been executed between the property owner and the city providing for a different type of payment.
(b)
Following the filing and acceptance of an application for a building permit or the request for connection to the city’s water or wastewater system, the city shall compute the impact fees due for the new development in the following manner:
(1)
The amount of each impact fee due shall be determined by multiplying the number of service units generated by the new development by the impact fee due per service unit using schedule 2 attached to Ordinance Number 772. The number of service units shall be determined by using the conversion table contained in the impact fee capital improvements plan.
(2)
The amount of each impact fee due shall be reduced by any allowable credit for that category of capital improvements as herein provided.
(c)
The amount of each impact fee due for a new development shall not exceed an amount computed by multiplying the maximum impact fee per service unit under schedule 1 attached to Ordinance Number 772 by the number of service units generated by the development.
(d)
If the building permit for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fees due shall be computed using schedule 2 attached to Ordinance Number 772 then in effect and previous payments of impact fees shall be credited against the new fees due.
(e)
Whenever the property owner proposes to increase the number of service units for a development, the additional impact fees collected for such new service units shall be determined by using schedule 2 attached to Ordinance Number 772 then in effect, and such additional fees shall be collected either prior to or at the time of issuance of a new building permit, or prior to or at the time of the connection to the city’s water or wastewater system, or enlargement of such connection.
(1976 Code, sec. 32-106; 1998 Code, sec. 130-157; 2013 Code, sec. 60-252)
(a)
For any new development which has received final plat approval in accordance with Texas Local Government Code chapter 212, or pursuant to the city’s subdivision regulations, or for which an application for final approval has been made, prior to the effective date of the ordinance from which this division is derived, the city may assess but shall not collect any water impact fee as herein defined, on any service for which a valid building permit is issued within one year subsequent to the effective date of said ordinance.
(b)
If the building permit which is obtained within the period provided for in subsection (a) of this section subsequently expires, and no new application for a building permit is approved within such period, the new development shall be subject to the payment of an impact fee, as provided in section 9.03.037.
(1976 Code, sec. 32-107; 1998 Code, sec. 130-158; 2013 Code, sec. 60-253)
A property owner who has paid a wastewater system facility access fee may reduce the amount of a wastewater impact fee due for a new development on that lot or tract by the amount of the access fee paid, following written request and approval by the city, provided that no construction has occurred on the lot or tract and that no utility connection has been made.
(1976 Code, sec. 32-108; 1998 Code, sec. 130-159; 2013 Code, sec. 60-254)
(a)
The city shall establish an account to which interest is allocated for each type of capital facility for which an impact fee is imposed pursuant to this division. Each impact fee collected shall be deposited in such account.
(b)
Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be used solely for the purpose authorized by this division.
(c)
The city shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purposes and intent of this division; provided, however, that funds shall be expended within a reasonable period of time, but not to exceed ten years from the date that an impact fee has been paid.
(d)
The city shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended from each benefit area. The records of such accounts shall be open for public inspection and copying during ordinary business hours.
(1976 Code, sec. 32-109; 1998 Code, sec. 130-160; 2013 Code, sec. 60-255)
(a)
The impact fees collected pursuant to this division may be used to finance or to recoup the costs of any capital improvements or facility expansion identified in the applicable capital improvements plan, including, but not limited to, the construction contract price, surveying and engineering fees, and land acquisition costs (including land purchases, court awards and costs, attorney’s fees, and expert witness fees). Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued to finance such capital improvements or facility expansion.
(b)
Impact fees collected pursuant to this division shall not be used to pay for any of the following expenses:
(1)
Construction, acquisition or expansion of capital improvements other than those identified in the applicable capital improvements plan;
(2)
Repair, operation, or maintenance of any capital improvements or facility expansion;
(3)
Upgrade, expansion or replacement of existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
(4)
Upgrade, expansion or replacement of existing capital improvements to provide better service to existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or
(5)
Administrative and operating costs of the city.
(1976 Code, sec. 32-110; 1998 Code, sec. 130-161; 2013 Code, sec. 60-256)
(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 impact fees or the guidelines established for determining credits.
(c)
The appellant must file a written notice of appeal with the city within 30 days following the decision. The development application may be processed while the appeal is pending, 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.
(1976 Code, sec. 32-111; 1998 Code, sec. 130-162; 2013 Code, sec. 60-257)
(a)
Upon application, any impact fee or portion thereof collected pursuant to this division which has not been expended within the benefit area within ten years from the date of payment shall be refunded, upon application, to the record owner of the property for which the impact fee was paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Texas Finance Code section 302.002, or its successor statute. An impact fee shall be considered as expended on a first-in, first-out basis.
(b)
An impact fee collected pursuant to this division shall also be considered expended if, within ten years following the date of payment, the total expenditures for capital improvements or facility expansion exceed the total fees collected for such improvements or expansions during such period.
(c)
If a refund is due pursuant to subsections (a) and (b) of this section, the city shall divide the difference between the amount of expenditures and the amount of fees collected by the total number of service units assumed for the period to determine the refund due per service. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.
(d)
Upon completion of all the capital improvements or facility expansions identified in the capital improvements plan, the city shall recalculate the maximum impact fee per service unit using the actual costs for the 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 per service unit by more than ten percent. If the difference is less than ten percent, no refund shall be due. 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.
(1976 Code, sec. 32-112; 1998 Code, sec. 130-163; 2013 Code, sec. 60-258)
If the building permit for a new development for which an impact fee has been paid has expired, no utility connections for that category of capital improvements have been made to the development, and a modified or new application has not been approved within six months of such expiration, the city shall, upon written application, rebate the amount of the impact fee to the record owner of the property for which the impact fee was paid. If no application for rebate pursuant to this section has been filed within this period, no rebate shall become due.
(1976 Code, sec. 32-113; 1998 Code, sec. 130-164; 2013 Code, sec. 60-259)
(a)
The city shall update its land use assumptions and capital improvements plans at least every three years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Government Code chapter 395, or in any successor statute.
(b)
The city may review its land use assumptions, capital improvements plans, impact fees and other factors such as market conditions more frequently than provided in subsection (a) of this section to determine whether the land use assumptions and capital improvements plan should be updated and the impact fees recalculated accordingly, or whether schedules 1 and 2 attached to Ordinance Number 772 should be changed.
(c)
If, at the time an update is required pursuant to subsection (a) of this section, the city council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures of Texas Local Government Code section 395.0575, or any successor statute.
(1976 Code, sec. 32-114; 1998 Code, sec. 130-165; 2013 Code, sec. 60-260)
Impact fees established by this division are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land, the issuance of building permits, or the connection of utilities. Such fee is intended to be consistent with and to further the policies of the city’s comprehensive land use plan, the capital improvements plan, the zoning ordinance, the subdivision regulations and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of adequate public facilities in conjunction with the development of land. Except as otherwise herein provided, the assessment and collection of an impact fee shall be additional and supplemental to and not in substitution of any other tax, fee, charge or assessment which is lawfully imposed on and due against the property.
(1976 Code, sec. 32-115; 1998 Code, sec. 130-166; 2013 Code, sec. 60-261)
(a)
Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the city council to determine whether any duty required by this division, other than those matters which may be appealed as herein provided, has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the duty be performed within 60 days of the request. If the city council determines that the duty is required pursuant to this division and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion.
(b)
The city council may grant a variance from any requirement of this division, upon written request by a property owner subject to this division, following a public hearing, and only upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property.
(c)
If the city council grants a variance that reduces the amount of the impact fee due for a new development under this division, it shall cause to be appropriated from other city funds the amount of the reduction in the impact fee and deposit such funds in the impact fee account where such funds would have otherwise been deposited.
(1976 Code, sec. 32-116; 1998 Code, sec. 130-167; 2013 Code, sec. 60-262)
Any building permit application which was duly accepted for filing prior to the effective date of the ordinance from which this division is derived and which is subsequently granted shall be exempt from the assessment and payment of an impact fee, unless such application thereafter expires.
(1976 Code, sec. 32-117; 1998 Code, sec. 130-168; 2013 Code, sec. 60-263)
(a)
The maximum impact fees per water meter for water and wastewater facilities are hereby adopted and incorporated in schedule 1 attached to Ordinance Number 772 and made a part hereof by reference.
(b)
The impact fee per service unit for water and wastewater facilities which are to be paid by each new development are hereby adopted and incorporated in schedule 2 attached to Ordinance Number 772 and made a part hereof by reference.
(c)
The impact fees per service unit for water and wastewater facilities may be amended from time to time.
(1976 Code, sec. 32-119; 1998 Code, sec. 130-170; 2013 Code, sec. 60-264)
If the property owner of any existing development within the benefit area requests enlargement of a water meter presently serving the development, and no new development is to occur on the property, the owner shall pay the fee prescribed by section 9.03.036 for the increase in size of the meter prior to installation of the enlarged meter.
(1976 Code, sec. 32-120; 1998 Code, sec. 130-171; 2013 Code, sec. 60-265)
If any existing development within the benefit area presently utilizes a water well, a septic tank, or an individual waste disposal system and the property owner requests to be connected to the city’s water or wastewater system, the customer shall pay the fees prescribed by section 9.03.036 prior to connection to such systems.
(1976 Code, sec. 32-121; 1998 Code, sec. 130-172; 2013 Code, sec. 60-266)