(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:
Advisory committee.
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.
Assessment.
The determination of the amount of the maximum impact fee
per service unit which can be imposed on new development pursuant
to this article.
Capital improvement.
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:
(1)
Water facilities, wastewater facilities, and stormwater, drainage,
and flood control facilities, whether or not they are located within
the service area; and
Capital improvements plan.
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.
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 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.
Impact fee.
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:
(1)
Dedication of land for public parks or payment in lieu of the
dedication to serve park needs;
(2)
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
(3)
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.
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
town 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 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 property which is not included within
the boundaries of a plat being considered for impact fee assessment.
Political subdivision.
A municipality, or a district or authority created under
article III, section 52, or article XVI, section 59, of the state
constitution.
Roadway facilities.
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.
Service area.
(1)
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;
(2)
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.
Service unit.
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.
Wastewater facilities.
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.
Water facilities.
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)
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) 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)
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)