(a)
A current copy of the adopted land use assumptions, capital improvements
plans and impact fee study shall be kept at the office of the town
secretary and shall be the official documents used to administer the
impact fee standards in this article.
(b)
The land use assumptions, capital improvements plans and impact fee study for water, wastewater and roadway facilities may be amended from time to time, pursuant to section 10.03.006. Upon amendment, a copy of the updated land use assumptions, capital improvements plan or impact fee study shall be retained in the office of the town secretary upon the effective date of this article and thereafter shall become the official copy for purposes of administering the regulations in this article.
(Ordinance 2015-32, sec. 3, adopted 12/1/15)
This article is adopted pursuant to the provisions of Tex. Local
Gov’t Code, chapter 395. This article implements a policy of
the town to impose fees upon new development to pay the costs of constructing
capital improvements and facility expansions necessary to serve new
development.
(1998 Code, sec. 38.16)
For the purpose of this article the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
A body of members appointed by the town council, composed
of not less than five members, where no less than 40% of the membership
shall be representative of the real estate, development, or building
industries who are not employees or officials of a political subdivision
or governmental entity. The planning and zoning commission may, with
the approval of the town council, act as the advisory committee, provided
that the commission includes at least one representative of the real
estate, development, or building industry who is not an employee or
official of a political subdivision or governmental entity. If no
such representative is a member of the planning and zoning commission,
the commission may act as the advisory committee if at least one such
representative is appointed by the town council as an ad hoc voting
member of the planning and zoning commission when it acts as the advisory
committee. Where the terms of this article extend the application
of the impact fee into the town’s extraterritorial jurisdiction,
the membership of the advisory committee shall include a representative
from that area.
The determination of the amount of the maximum impact fee
per service unit which can be imposed on new development pursuant
to this article.
Any of the following facilities that have a life expectancy
of three or more years and are owned and operated by or on behalf
of a political subdivision:
The adopted plan, as amended from time to time, that identifies
water, wastewater or roadway capital improvements or facility expansions
and their associated costs which are necessitated by and attributable
to new development and will be financed in whole or in part through
water, wastewater or roadway impact fees collected under this article.
The amount of the reduction of an impact fee for fees, payments
or charges for or construction of the same type of facility.
The expansion of the 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.
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.
A charge or assessment imposed as set forth in this article
against new development in order to generate revenue for funding or
recouping the costs of capital improvements or facility expansions
necessitated by and attributable to the new development. The term
does not include:
Dedication of land for public parks or payment in lieu of the
dedication to serve park needs;
Dedication of rights-of-way or easements or construction or
dedication of on-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; or
Lot or acreage fees to be placed in trust funds for the purpose
of reimbursing developers for oversizing or constructing water or
sewer mains or lines.
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
town and upon which the capital improvements plan is based.
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.
Located entirely on property which is not included within
the boundaries of a plat being considered for impact fee assessment.
A municipality, or a district or authority created under
article III, section 52, or article XVI, section 59, of the state
constitution.
Arterial or collector streets or roads that have been designated
on the town’s officially adopted roadway plan, together with
all necessary appurtenances. The term does not include any roadways
or associated improvements designated on the federal or state highway
system, except to the extent that such roadways or associated improvements
are to be paid for (in whole or in part) from town funds (local participation
by the town). The term includes but is not limited to interests in
land, traffic lanes, curbs, gutters, intersection improvements, traffic-control
devices, turn lanes, drainage facilities associated with the roadway,
and street lighting, for which the town be will obligated to pay.
For water facilities and wastewater facilities: The entire area
within the corporate limits of the town and its extraterritorial jurisdiction
to be served by the capital improvements or facilities expansions
specified in the capital improvements plan;
For roadway facilities: Each individual area located within
the corporate boundaries of the town and designated in the land use
assumptions served by the roadway facilities designated in the capital
improvements plan.
A standardized measure of consumption, use, generation, or
discharge attributable to an individual unit of development calculated
in accordance with generally accepted engineering or planning standards
for a particular category of capital improvements or facility expansions.
“Service unit” is defined in the capital improvements
plan.
Improvements for providing wastewater collection and treatment,
including, but not limited to, land or easements, treatment facilities,
lift stations, and interceptors or mains. “Wastewater facilities”
excludes sanitary sewer lines or mains which are constructed by developers,
the costs of 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.
Improvements for providing water supply, treatment and distribution
service, including, but not limited to, land or easements, water treatment
facilities, water supply facilities, water distribution lines, water
meters, water storage, and water pumps. “Water facilities”
excludes water lines or mains which are constructed by developers,
the costs of 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.
(1998 Code, sec. 38.17)
Any person, firm or corporation violating any of the provisions
of this article shall be deemed guilty of a misdemeanor and upon conviction
be subject to a fine in accordance with the general provisions of
the Code of Ordinances.
(1998 Code, sec. 38.99)
(a)
The advisory committee serves in an advisory capacity and is established
to:
(1)
Advise and assist the town in adopting 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 semiannual reports with respect to the progress of the capital
improvements plan and report to the town council any perceived inequities
in implementing the plan or imposing the impact fee; and
(5)
Advise the town staff and council of the need to update or revise
the land use assumptions, capital improvements plan, and impact fee.
(b)
All professional reports concerning the development and implementation
of the capital improvements plan shall be made available to the advisory
committee.
(c)
The advisory committee shall elect a chairperson to preside at its
meetings and a vice-chairperson to serve in the chairperson’s
absence. All meetings of the committee shall be open to the public
and posted at least 72 hours in advance. A majority of the membership
of the committee shall constitute a quorum.
(1998 Code, sec. 38.18)
The land use assumptions and capital improvements plan upon
which impact fees are based shall be updated at least every five years.
The first five-year period begins on the date the capital improvements
plan is adopted. Alternatively, the town council may, pursuant to
the provisions of Tex. Local Gov’t Code section 395.0575, or
any successor statute thereto, make a determination that no such update
is required.
(1998 Code, sec. 38.19)
(a)
No building permit shall be granted for new development or new construction
of any property nor shall any original water or sewer service connection
be made or service commenced unless and until impact fees required
by this article are assessed and collected or a contract providing
for payment as approved by the town is entered into.
(b)
For new development which is platted and received final plat approval
in accordance with Tex. Local Gov’t Code chapter 212, subchapter
A, or the town’s subdivision or platting procedures prior to
the effective date of this article, impact fees may not be collected
on any service unit for which a valid building permit is issued prior
to May 6, 1999.
(c)
For land platted and which receives final plat approval in accordance with Tex. Local Gov’t Code chapter 212, subchapter A, or the town’s subdivision or platting procedures after the effective date of this article, impact fees shall be assessed against such land and collected as required by section 10.03.008. No final plat for any such land or new development shall be approved without assessment of an impact fee as required by section 10.03.008, nor shall a building permit be issued or utility connection be made until the landowner has paid the impact fee.
(1998 Code, sec. 38.20)
(a)
For new development which is platted and received final plat approval
in accordance with Tex. Local Gov’t Code chapter 212, subchapter
A, or the town’s subdivision or platting procedures prior to
the effective date of this article, no impact fees shall be collected
on any service unit for which a valid building permit is issued before
May 5, 1999. Impact fees shall be assessed and collected for all other
service units subject to such a plat at the time of the issuance of
the building permit or upon the filing of an application for connection
of an individual water or wastewater meter to the town’s water
or wastewater system in order to serve the development, whichever
first occurs.
(b)
For land platted and which received final plat approval in accordance with Tex. Local Gov’t Code chapter 212, subchapter A, or the town’s subdivision or platting procedures after the effective date of this article, impact fees shall be assessed against such land at the time the plat of the land receives final plat approval. Except as provided in subsection (e), and where water and wastewater capacity is available, impact fees shall be collected for a development on occurrence of the following events:
(1)
For land inside the town’s corporate limits, on issuance of
a building permit.
(2)
For land located outside the town’s corporate boundaries, or
for land where the town lacks authority to issue building permits,
upon filing of an application for connection of an individual water
or wastewater meter to the town’s water or wastewater system
in order to serve the development.
(c)
For land on which new development occurs or is proposed to occur
without platting, impact fees shall be assessed against such land
at the time of the issuance of a building permit or other development
permit, and impact fees shall be collected at the time of the issuance
of a building permit.
(d)
After assessment of the impact fees attributable to the new development
or execution of an agreement for payment of impact fees, additional
impact fees or increases in fees shall not be assessed against the
tract unless the number of service units to be developed on the tract
increases. Should the number of service units be increased, impact
fees shall be increased in an amount equal to the then-current impact
fee per service unit multiplied by the number of additional service
units.
(e)
Except for roadway facilities, impact fees may be assessed but not
collected in areas where service is not available unless:
(1)
The collection is made to pay for a capital improvement or facility
expansion identified in the capital improvements plan and the town
commits to commence construction of necessary facilities identified
in the capital improvements plan within two years and to have service
available in a reasonable time not exceeding five years; or
(2)
The town agrees in writing to permit the owner of a new development
to construct or finance the required capital improvements or facility
expansions and agrees:
(A)
That the costs incurred or funds advanced will be credited against
the impact fees otherwise due from the new development; or
(B)
To reimburse the owner for such costs from impact fees paid from
other new developments that will use such capital improvements or
facility expansions, which fees shall be collected and reimbursed
to the owner at the time the other new development records its plat;
or
(3)
The owner voluntarily requests that the town reserve capacity to
serve future development and the town and the owner enter into a valid
written agreement.
(f)
Where the town and an owner have entered into an agreement in writing as described in subsection (e)(2)(B) above, the town may use impact fees paid from other new developments that will use the capital improvements or facility expansions as described in this section to reimburse the owner for the ratable portion of such capital improvements or facility expansions attributable to such other new developments, and such fees shall be collected and reimbursed to the owner at the time the other new development records its plat.
(g)
The owner of the property for which there is a recorded plat may
enter into a written agreement with the town providing for the time
and method of payment of impact fees, which agreement shall prevail
over any contrary provision of this article.
(h)
The amount of the impact fees to be assessed against a new development for each category of capital improvement by water meter type and size or by vehicle mile shall be as set forth in schedule 1, as established by section 10.03.015 of this article. The amount of the impact fees which are to be collected from a new development for each category of capital improvement shall be determined by multiplying the impact fee per service unit using schedule 2, as established by section 10.03.015 of this article, by the number of service units generated by the development, using the land use equivalency table, as established by section 10.03.016 of this article.
(1998 Code, sec. 38.21)
(a)
Maximum impact fees per service unit for each service area shall
be established by category of capital improvements. The maximum impact
fee per service unit for each service area for each category of capital
improvement shall be computed in the following manner:
(1)
Calculate the total projected costs of capital improvements necessitated
by and attributable to new development in the service area identified
in the impact fee capital improvements plan for each category of capital
improvements;
(2)
From such amount, subtract a credit equal to 50% of such total projected
costs; and
(3)
Divide the resultant amount by the total number of service units
anticipated within the service area, based upon the land use assumptions
for that service area.
(b)
As an alternative to the 50% credit referenced in subsection (a)(2), the town may incorporate within the capital improvements plan, for any category of capital improvements, a discount against the total costs of capital improvements, in the amount of that portion of ad valorem tax and utility service revenues, if any, including the payment of debt, to be generated by new service units during the period the capital improvements plan is in effect, including the payment of debt associated with the capital improvements in the plan.
(c)
The impact fee per service unit which is to be paid by each new development within a service area shall be that established by ordinance of the town council, as such may be amended from time to time, and shall be an amount less than or equal to the maximum impact fee per service unit established in subsection (a).
(d)
The determination of impact fees shall be reduced by any allowable credits for the category of capital improvements as provided by section 10.03.011.
(e)
The total amount of unpaid impact fees shall be attached to the development
application, or, if to be paid at some later date, to the request
for other permit or connection.
(f)
Replatting shall not require recalculation of impact fees unless
the number of service units is increased. If a proposed development
increases the number of service units, the impact fee shall be recalculated
as provided as provided for herein.
(1998 Code, sec. 38.22)
(a)
Impact fees shall be imposed and calculated for the alteration, expansion,
or replacement of a building or dwelling unit or the construction
of an accessory building if the alteration, expansion, or replacement
of the building or dwelling or the construction of an accessory building
results in a land use determined to increase the number of dwelling
units, increase the usable square footage (or other type of service
unit measure), change the land use so as to constitute a different
impact fee land use category, or increase the size of the utility
meter(s). Such fees shall be calculated as follows:
(1)
The impact fees shall be the amounts due under the applicable rate
for the land use or meter size category resulting from the alteration,
expansion, or replacement, less the impact fee that would be imposed
under the applicable impact fee rate for the land use or meter size
category prior to alteration, expansion, or replacement. In determining
the impact fee which would have been in place for the land use category
prior to alteration, expansion, or replacement, the use of land during
the previous three years which provided the highest impact upon the
town’s capital improvements shall be utilized.
(2)
The roadway impact fee for any accessory building shall be that applicable
under the rate for the land use of the primary structure.
(b)
The following shall be exempted from payment of impact fees:
(1)
Alteration, expansion, or replacement of an existing dwelling unit
which does not increase the number of families which such dwelling
unit is arranged, designed, or intended to accommodate for the purpose
of providing living quarters.
(2)
The alteration or expansion of an accessory building or structure
which will not create additional dwelling units or will not increase
the usable square footage space (or other service unit measure) associated
with the principal building or of the land or will not change the
utility meter size.
(3)
The replacement of a dwelling unit or a building with a new dwelling
unit or building of the same size and use, and same utility meter
size, which will not increase the square footage associated therewith;
provided that the replacement of the dwelling unit or building which
has been destroyed, moved, or otherwise rendered uninhabitable must
be replaced within three years of the date it was destroyed, moved,
or otherwise rendered uninhabitable in order to be exempt from payment
of impact fees.
(1998 Code, sec. 38.23)
(a)
Any construction of, contributions to, or dedications of any facility
by a developer appearing on the capital improvements plan which is
required by the town to be constructed as a condition of development
shall be credited against the impact fees otherwise due for the same
category of impact fees otherwise due from the development.
(b)
The amount of each credit for required dedication or construction of a facility on the capital improvements plan shall be calculated by multiplying the value of the facility assessed for the capital improvements plan by a fraction, the numerator of which is the impact fee per service unit due for the new development computed using schedule 2 as established by section 10.03.015 of this article, and the denominator of which is the maximum impact fee per service unit computed using schedule 1 as established by section 10.03.015 of this article.
(c)
As an alternative to the foregoing, the town and the owner may enter
into an agreement providing that, in addition to the credit, the owner
will be reimbursed for all or a portion of the costs of such facilities
from impact fees as received from other new developments that will
use such capital improvements or facility expansions.
(d)
An owner shall be entitled to a credit against any category of impact
fee as provided in any written agreement between the town and the
owner.
(e)
No credit for construction of any facility shall exceed the total
amount of impact fees due from the development for the same category
of improvement.
(f)
The town council may, upon petition of the property owner, give credit for dedication or construction of a capital improvement which is not identified within the applicable capital improvements plan, if the council finds that such improvement supplies capacity to new developments other than the development paying the impact fee and provisions for credit are incorporated in an agreement for capital improvements pursuant to section 10.03.016.
(1998 Code, sec. 38.24)
(a)
All impact fees collected shall be deposited in interest-bearing
accounts clearly identifying the category of capital improvements
or facility expansions within the service area for which the fee is
adopted.
(b)
Interest earned shall be credited to the account and shall be subject
to the same restrictions on expenditures as the funds generating such
interest.
(c)
Impact fees and the interest earned thereon may be spent only for
the purposes for which such fees were imposed as shown in the capital
improvements plan.
(d)
The records of the accounts into which impact fees are deposited
shall be open for public inspection and copying during ordinary business
hours.
(1998 Code, sec. 38.25)
(a)
A property owner or applicant for new development may appeal the
following decisions to the town council:
(b)
The burden of proof shall be on the applicant to demonstrate that
the amount of the fee or the amount of the offset or credit was not
calculated according to the applicable schedule or impact fees or
the guidelines established for determining offsets and credits.
(c)
The applicant must file a notice of appeal with the town secretary
within 30 days following the decision. If the notice of appeal is
accompanied by a bond or other sufficient surety satisfactory to the
town 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.
(1998 Code, sec. 38.26)
(a)
On the request of an owner of property on which an impact fee has
been paid, impact fees shall be refunded if existing facilities are
available and service is denied, or if the town failed to commence
construction of facilities required for service within two years of
payment of the fee or if such construction is not completed within
a reasonable time but not in any event in more than five years from
the date of payment of the fee.
(b)
Upon completion of capital improvements or facility expansions identified
in the capital improvements plan, the impact fee shall be recalculated
utilizing actual costs. If the impact fee based on actual cost is
less than the impact fee paid, the town shall refund the difference
if such difference exceeds the impact fee paid by more than 10%.
(c)
Any impact fee funds not expended within ten years after payment
shall be refunded.
(d)
Refunds shall bear interest calculated from the date of collection
to the date of refund at the statutory rate set forth in V.T.C.A.,
Local Government Code, section 395.025, or its successor statute.
(e)
All refunds shall be made to the record owner of the property at
the time the refund is paid. However, if the impact fees were paid
by another political subdivision or governmental entity, payment shall
be made to the political subdivision or governmental entity.
(f)
The owner of the property on which an impact fee has been paid or
another political subdivision or governmental entity that paid the
impact fee has standing to sue for a refund under this article.
(1998 Code, sec. 38.27)
(a)
Table 1, as may be amended from time to time, shall state the amount
of the water and wastewater impact fees per service units associated
with a unit of development for water and wastewater which shall be
assessed against a new development.
(b)
Table 2, as may be amended from time to time, shall state the amount
of the road impact fees per service units associated with a unit of
development for roads which shall be assessed against a new development
(c)
A current copy of the adopted tables 1 and 2 shall be kept in the
office of the town secretary and shall be the documents used to administer
the impact fee standards in this article. Upon amendment of table
1 or 2, a copy of each amended schedule shall be retained in the office
of the town secretary upon the effective date of the amendatory ordinance
and thereafter shall become the official copy for purposes of administering
the regulations in this article for water, wastewater, and roadway
impact fees.
(Ordinance 2015-32, sec. 4, adopted 12/1/15)
(a)
The property owner for a new development may construct or finance
a capital improvement or facility expansion designated in the capital
improvements plan, if required or authorized by the town, by entering
into a capital improvements agreement with the town prior to the issuance
of any building permit or utility connection for the development.
(b)
(1)
The capital improvements agreement shall provide for the method to
be used to determine the amount of the credit to be given against
impact fees due for the development. The town and the property owner
may agree that the costs incurred or funds advanced will be:
(2)
In the event the town elects to reimburse an owner for the dedication, construction or financing of a capital improvement or facility expansion designated in the capital improvements plan, the terms of reimbursement shall be incorporated in the agreement required by subsection (a). Reimbursement agreements shall further be based on the availability of town funds from all sources including current and projected impact fee fund accounts.
(1998 Code, sec. 38.30)
Under a duly adopted development agreement the town council
may, for the purpose of promoting economic development within or near
the town, forgo its entitlement to assess and/or collect some or all
of the impact fees for lots or units that would otherwise become subject
to assessment and/or collection under this article.
(Ordinance 2017-10 adopted 6/6/17)
