For purposes of this article, the following definitions apply:
Advisory Committee (also referred to as Impact Fee Advisory Committee). The persons appointed by the city council to advise the council regarding impact fees as required by the enabling legislation for this article.
Assessment.The determination of the amount of the maximum impact fee that can be imposed on new development pursuant to this article.
Capital Improvement.Any of the following facilities that have a life expectancy of three (3) 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 storm water, drainage, flood control facilities as they relate to the construction of roadway facilities; whether or not they are located within the service area; and
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.City of Pottsboro, Grayson 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.
Impact Fees.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
(4) Other pro rata fees for reimbursement of water or sewer mains or lines extended by the city.
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.
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 Texas 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.(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 storm water, drainage and flood control facilities designated in the capital improvements plan, but shall not extend across watershed boundaries.
Service Unit.For purposes of impact fee assessment the applicable standard units of measure shown on the conversion table in the capital improvements plan and impact fee calculation which can be converted to equivalent single-family residential p.m. peak hour average vehicle trip ends per acre for roadway facilities and 3/4 inch water meter equivalents, as the context indicates, which serves as the standardized unit of measure of consumption or discharge for water and wastewater facilities, and based on historical data and trends during the previous ten years.
Sanitary Sewer Facility.An improvement for providing wastewater collection, including but not limited to, land or easements, lift stations, or interceptor mains. Sanitary sewer 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 1071 adopted 5/11/04)