ORDINANCE NO. 2016-07
A.
All land
within jurisdiction of City not heretofore subdivided.
B.
No officer
or employee of the City shall authorize work unless regulations have
been complied with.
C.
The subdivider
may avail himself of the advice and assistance of the City staff and
City Council.
(Ordinance 2016-07 adopted 4/14/16)
City shall withhold all City improvements and issuance of building
permits from subdivisions not officially approved by the City Council.
No improvements should be initiated, nor contracts executed until
approval of the City Council has been given.
(Ordinance 2016-07 adopted 4/14/16)
A.
City
means the City of Reno, Texas.
B.
City Council
means the elected Mayor and Council
persons of the City of Reno, Texas.
C.
City Engineer
means the engineer representing
the City of Reno.
(Ordinance 2016-07 adopted 4/14/16)
A.
In order
to allow orderly processing of a proposed subdivision, the procedures
discussed in the following sections shall be followed. In general,
the steps necessary for the subdivision shall include:
1.
Preparation
of Sketch Plan and/or Preliminary Plat.
2.
Annexation
by the City Council (if applicable).
3.
Approval
of a land study by the City Council.
4.
Approval
of the final plat and plans by the City Council.
5.
Approval
of the final construction plans by the City Engineer.
6.
Filing
of approved plat with the City of Reno and the Parker County Clerk
and the recording of all executed easements, dedications, and other
documents required to be filed of record.
7.
Completion
of construction and acceptance of all improvements by the City and
submission of as-built drawings.
|
This procedure may be varied at the discretion of the City Council.
For those areas to be subdivided which lie outside the corporate limits,
but are being submitted for review and approval to satisfy the requirements
of extraterritorial jurisdiction and Article 974(a), Vernon’s
Revised Civil Statutes, the provisions concerning annexation and zoning
may be deleted. All other provisions shall remain in force.
|
(Ordinance 2016-07 adopted 4/14/16)
If the property is not within the City limits of Reno and the
owner desires that it be annexed so as to be qualified to receive
City services, when available, owner must petition the City for annexation
through lawful annexation proceedings.
(Ordinance 2016-07 adopted 4/14/16)
The subdivider shall present such general subdivision information
as will outline the existing conditions of the site, including utilities
and available community facilities. A simple rough sketch shall indicate
the location of the proposed subdivision, number of residential lots,
typical lot width and depth, commercial areas, park and playground
areas, proposed protective covenants or restrictions and proposed
utilities and street improvements.
At the time the sketch plan is presented to the City Staff,
a preliminary conference should be held for the general comments and
clarifications which are usually necessary. At that time, the subdivider
shall purchase copies of all forms, publications, design criteria
and standards available from the City for his reference and for the
benefit of his engineer.
After meeting with the City Staff, the subdivider may, at his
option, request a preliminary hearing with the City Council for clarification
of unresolved questions which might affect preparation of the preliminary
planning information.
(Ordinance 2016-07 adopted 4/14/16)
In the development of any tract to be annexed by the City, either
by sections or as one subdivision, the City can request the Developer
to submit a Land Study to the City. Submittal to the City shall include
a letter of transmittal requesting review and payment of the required
filing fee.
The purpose of the Land Study is to allow the City Council to
review proposed major thoroughfare and collector street patterns,
land use, and the property’s relationship to adjoining subdivisions
or properties. The study shall be prepared as follows:
A.
The study
shall be drawn to a scale of 1" = 200' or larger.
B.
The lower
right-hand corner shall contain a title block clearly showing the
proposed name of the subdivision, name and address of the subdivider
and the Engineer or Surveyor responsible for the design or survey,
scale, date the drawing was prepared, and the location of the tract
according to the abstract and survey records of Parker County, Texas.
C.
The study
shall clearly show the limits of the tract and scale distances. True
North shall be clearly indicated.
D.
The study
shall show the names of adjacent subdivisions or the name of record
or [of] owners of adjoining parcels of un-subdivided land.
E.
The study
shall contain the location, width and names of all existing or platted
streets or other public ways within or adjacent to the tract[,] existing
permanent buildings, railroad rights-of-way, and topography with existing
drainage channels or creeks, and other important features such as
political subdivisions, corporate limits and school district boundaries.
F.
The study
shall show the layout and width of proposed thoroughfares and collector
streets and shall show a general configuration of proposed residential
streets.
(Ordinance 2016-07 adopted 4/14/16)
A.
The Developer
shall submit five (5) copies of the preliminary plat and five (5)
copies of construction plans of the subdivision to the City Council
by filing the same with the City Secretary, Reno City Hall, at least
thirty (30) days prior to the regular meeting. The preliminary plat
shall carry the legend “Preliminary Plat - For Review Only”.
Submittal shall include letter of transmittal requesting review and
the required filing fees.
B.
The purpose
of the submittal is to allow the City staff, city engineer and City
Council to review overall platting and plan review of the tract, and
street patterns within the subdivision for conformance with the requirements
of the City. It also provides the City an opportunity to make preliminary
estimates of City participation, if any, on street costs in the subdivision.
C.
The preliminary
plat and plans shall be prepared as follows:
1.
Preliminary
Plat shall be drawn to a scale of 1" = 100' or larger.
2.
It shall
contain the name of the proposed subdivision, the name and address
of the subdivider and the Engineer or surveyor responsible for the
design or survey, tract designation, and other descriptions according
to the abstract and survey records of Parker County, Texas.
3.
North
point, scale and date.
4.
The boundary
lines of tract, accurate in scale, shall be shown.
5.
It shall
show the names of adjacent subdivision or names of record of owners
of adjoining parcels, the location, widths, and names of all existing
or platted streets, easements or other public ways within or adjacent
to the tract, existing railroad rights-of-way, and other important
features such as section lines, political subdivision or corporate
limits and school district boundaries.
6.
It shall
show all parcels intended to be dedicated for public use or reserve
in the proposed subdivision, together with the purpose and conditions
or limitations of such reservation.
7.
It shall
show the layout, names and width of proposed streets, alleys and easements.
8.
It shall
show the layout, numbers and approximate dimensions of proposed lots
and all building lines.
9.
The location
of proposed screening walls shall be clearly indicated.
10.
A complete
topographic map showing existing structures of the proposed area to
be subdivided shall be submitted with the preliminary plat. Contours
of the tract shall be intervals of five (5) feet or less, referred
to sea level datum.
11.
The
plans shall show existing culverts, utilities or other underground
structures within the tract and immediately adjacent thereto with
pipe sizes and location indicated.
12.
Preliminary
plans of proposed on-site and off-site drainage system and street
improvements.
D.
The Developer
shall submit a letter, along with the preliminary plat, requesting
any variances to the subdivision.
E.
It is to
be understood that the approval of the preliminary plat by the City
Council does not constitute official acceptance of the proposed subdivision
by the City. There shall be no work done in the field on the proposed
subdivision until the final plat has been accepted.
F.
Following
review of the preliminary plat and other materials submitted, or conformity
thereof to the regulations of this chapter and other City codes, the
City Council shall, within thirty (30) days, act thereon as submitted,
or as modified and, if approved, the City Council shall express its
approval as conditional approval and state the conditions of such
approval, one of which shall be the filing of a final plat or, if
disapproved, shall express its disapproval. Approval of the preliminary
plat expires at the end of nine (9) months unless the final plat has
been submitted for approval.
(Ordinance 2016-07 adopted 4/14/16)
A.
The Developer
shall submit five (5) copies and one (1) sepia mylar of the final
plat and five (5) complete construction plans, on sheets 24" x 36",
plus one (1) final plat of the subdivision to the City Secretary at
Reno City Hall, at least thirty (30) days prior to the date of the
regular meeting of that body at which consideration is requested and
on which date such plat shall be deemed filed. This plat shall carry
the legend “Final Plat.” Submittal shall include a letter
of transmittal requesting review and payment of the required filing
fees. It shall also be accompanied by a letter from the owner requesting
any variances to the Subdivision Regulations.
B.
The Final
Plat shall show or be accompanied by the following information:
1.
Final
Plat shall be drawn to a scale of 1" = 100' or larger.
2.
It shall
contain the subdivision name or identifying title and name of the
city, county and state in which the subdivision is located; the name
and address of the record owner or subdivider.
3.
The boundary
lines with accurate distances and bearings and the exact location
and width of all existing or recorded streets interacting with the
boundary of the tract.
4.
An accurate
location of the subdivision with reference to the abstract and survey
records of Parker County.
5.
The exact
layout including:
a.
Street
names.
b.
Length
of all arcs, radii, internal angles, points of curvature, length and
bearing of the tangents.
c.
All
easements for right-of-way provided for public services or utilities
and any limitations of the easements.
d.
All
lot numbers and lines with accurate dimensions in feet and hundredths
of feet and with bearings and angles to street and alley lines.
e.
Only
one (1) single-family detached dwelling is allowed per acre.
6.
The accurate
location, material and approximate size of all monuments.
7.
The accurate
outline of all property which is offered for dedication for public
use with the purpose indicated thereon, and for all property that
may be reserved by deed covenant for the common use of the property
owners in the subdivision.
8.
Setback
building lines.
9.
Private
restrictions.
10.
North
point, scale and date.
11.
Certification
by a Registered Public Surveyor to the effect that the plat represents
a survey made by him and that all the monuments shown thereon actually
exist, and that their location, size and material description are
correctly shown.
12.
A certificate
of ownership and dedication of all streets, alleys, parks and playgrounds
to public use forever, signed and acknowledged before a Notary Public
by the Owner and Lien Holder of the land along with complete and accurate
description of the land subdivided and the streets dedicated.
13.
Additional
certificates to properly dedicate easements or right-of-way as may
be necessary.
14.
Drainage
easements, utility easements and public open space restriction statements
to be placed on plats:
a.
Drainage
Easement Restriction (DER) - No construction, or filling without the
written approval of the City of Reno, Parker County, Texas shall be
allowed within a drainage easement. No obstruction of the natural
flow of water shall occur. All owners of property affected by such
construction or filling shall be a party to the request.
b.
Utility
Easements (UE) - Any public utility, including the City of Reno, Parker
County, Texas shall have the right to move and keep moved all or part
of any building, fences, trees, shrubs, other growths or improvements
which in any way endanger or interfere with the construction, maintenance,
or efficiency of its respective systems on any of the easements for
the purpose of construction, reconstruction, inspection, patrolling,
maintaining and adding to or removing all or part of its respective
systems without the necessity at any time of procuring the permission
of anyone.
c.
Public
Open Space Restriction (POSR) - No structure, object or plant of any
type may obstruct vision from a height of thirty (30) inches to a
height of eleven (11) feet above the crown of the road, including
but not limited to buildings, fences, walks, signs, trees, shrubs,
cars, trucks, etc., in the public open space easement as shown on
the plat with the exception of one Utility Pole and one Street Sign
and or one Fire Hydrant. The easement will remain in effect until
vacated by a order issued by the City of Reno, Parker County, Texas,
and the property is replatted.
15.
Proper
blanks for certification of approval to be filled out by the City
Council.
16.
A receipt
indicating that all taxes have been paid.
17.
A surveyor
closure shall be added.
C.
The Construction
Plans shall be prepared by or under the supervision of Registered
Professional Engineer in the State of Texas and shall bear his seal
on each sheet.
D.
The plans shall contain all necessary information for construction of the project, including screening walls. All materials specified shall conform to the specifications set forth in Appendix A and the engineering design standards and master plan as adopted by the City.
E.
Each sheet
of the plans shall contain a title block including space for the notation
of revisions. This space is to be completed with each revision to
the plan sheet and shall clearly note the nature of the revision and
the date the revision was made.
F.
After review
of the plat and plans by the City Engineer, the plat shall be submitted
to the City Council for its consideration. If approved subject to
changes, the Engineer for the owner shall make all changes required.
The City Engineer or his designated representative will approve all
plans to the Engineer for the owner for use by the Contractors. Each
Constructor shall maintain one (1) set of the plans, stamped with
City approval, on the project at all times during construction. If
construction has not commenced within one (1) year after approval
of the plans, re-submittal of plans may be required by the City Engineer
for meeting current standards and engineering requirements.
(Ordinance 2016-07 adopted 4/14/16 Ordinance 2018-30, sec. 2, adopted 11/19/18)
A.
If desired
by the subdivider and approved by the Council, the final plat may
constitute only that portion of the approved preliminary plat which
he proposes to record and develop; however, such portion shall conform
to all the requirements of this Ordinance.
B.
If final
plats are submitted for approval by portions or sections of the proposed
subdivision, each portion or section shall carry the name of the entire
subdivision but shall bear a distinguishing letter, number or subtitle.
Block letters shall run consecutively throughout the entire subdivision,
even though such subdivision might be finally approved in sections.
(Ordinance 2016-07 adopted 4/14/16)
No structure shall be placed, constructed, reconstructed or
enlarged that extends across a property line, and no building permit
shall be issued until such tracts or lots have been replatted or resubdivided
and following approval of the City Staff and Council and filed for
record with Parker County. Exception, structures designed for multiple
occupancy under one roof and/or where property line extends along
a common wall of separation.
A.
In order
to replat a tract of land for which a final plat is filed of record
in the Records of Parker County, the tract must be either (a) fully
owned by the person desiring to replat, or (b) the person desiring
the replat must furnish the City with written acknowledgment and consent
by all other property owners.
B.
The procedure
for replatting (resubdividing) shall be the same as for subdividing
as stipulated by this Ordinance.
(Ordinance 2016-07 adopted 4/14/16)
A.
A pre-construction
meeting shall be conducted between the City and Developer before filing
any plat with the Parker County Clerk. After approval of the Final
plat by the City Council, the City Engineer and correction for the
plat as required, the Developer shall submit filing fees and the required
number of copies for City to file plat with the Parker County Clerk.
These copies shall bear all signatures of the City officials. After
signature by the City officials, the City shall complete the filing
process providing the City Engineer has approved the construction
plans and documents and the required bonds have been posted with the
City. Said copies shall show the volume and page of the Map and Plat
Records into which the plat was filed by the Parker County Clerk.
If the final plat has not been submitted for signatures by City officials
within six (6) months after approval by the City Council, the plat
shall be deemed null and void, re-submittal shall be required, and
current subdivision regulations shall apply.
(Ordinance 2016-07 adopted 4/14/16)
A.
General provisions.
1.
Short title.
This Section shall be known and cited as
the City of Reno Impact Fee Ordinance.
2.
Purpose.
The purpose of this Section is to help ensure
that adequate water, wastewater, and roadway facilities are available
to serve new growth and development, and to provide for new growth
and development to bear a proportionate share of the cost of water,
wastewater and roadway facilities that serve the new growth and development.
4.
Advisory committee.
Capital improvement.
Capital improvements plan.
City.
Development.
Facility expansion.
Impact fee.
a.
b.
c.
d.
e.
Impact fee rate.
Impact fee service area.
Land use assumptions.
Property owner.
Roadway facility.
Service unit.
Wastewater facility.
Water facility.
Definitions.
In this Section:
The City Planning and Zoning Commission, designated as the
Capital Improvements Advisory Committee on Impact Fees in accordance
with Chapter 395 of the Texas Local Government Code.
A water facility, a wastewater facility, or a roadway facility,
with a life expectancy of three or more years that is owned and operated
by or on behalf of the City, whether or not the facility is within
the impact fee service area.
The plan approved by the City Council which describes the
water and wastewater capital improvements or facility expansions and
their costs which are necessitated by and attributable to development
in the impact fee service area based on the approved land use assumptions.
The initial capital improvements plan is the 2019-2029 Land Use Assumptions
and Capital Improvements Plan for Water, Sewer and Thoroughfare Impact
Fees prepared for the CobbFendley, which was approved by the City
Council by Resolution No. 2020-01-06-01R, dated January 6, 2020.
The City of Reno, Texas.
The subdivision of land, or 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 that may be used on
the land or in conjunction with the structure. "Development" includes
the conversion of an existing use from on-site water or wastewater
facilities to the use of City water facilities or wastewater facilities.
An expansion of the capacity of any 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.
A charge or assessment imposed as set forth in this Section
on development in order to generate revenue to fund or recoup the
costs of capital improvements or facility expansions necessitated
by and attributable to development. "Impact fee" 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 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.
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.
Other pro rata fees for reimbursement of water or sewer mains
or lines extended by the political subdivision; or
Charges for water or wastewater services to a wholesale customer
such as a water district, political subdivision of the state, or other
wholesale utility customer.
The amount of the impact fee per service unit.
The area designated in Subsection A.5. within which impact
fees will be collected in connection with development, and for which
impact fees will be expended for capital improvements or facility
expansions.
A report describing the impact fee service area and projections
of changes in land uses, densities, intensities, and population in
the service area. The initial land use assumptions are contained in
the report on Land Use Assumptions for the Implementation of Impact
Fees prepared for the City by the CobbFendley, which was approved
by the City Council by Resolution No. 2020-01-060 IR, dated January
6, 2020.
Any person, corporation, legal entity or agent thereof having
a legal or equitable interest in the land for which an impact fee
becomes due. "Property owner" includes the developer for a development.
Arterial or collector streets or roads that have been designated
on an officially adopted roadway plan of the political subdivision,
together with all necessary appurtenances. "Roadway facility" includes
the political subdivision'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.
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
and based on historical data and trends applicable to the City during
the previous 10 years. "Service unit" for the purposes of calculation
of water and wastewater impact fee rates means a standardized measure
of consumption, use or discharge based upon a 0/0" or 3/4" displacement-type
water meter.
Includes a wastewater interceptor or main, lift station,
or other facility or improvement used for providing wastewater collection
and treatment included within the City's collection, transmission,
and treatment system for wastewater. "Wastewater facility" includes
land, easements and structures associated with such facilities,
Includes a water transmission line or main, pump station,
storage tank, water supply facility, treatment facility or other facility
included within and comprising an integral component of the City's
water production, supply, storage, or distribution system. "Water
facility" includes land, easements and structures associated with
such facilities.
5.
Impact fee service area; applicability of Section.
a.
The impact fee service area for water facilities, wastewater facilities,
and roadway facilities is the 2019 City Limit boundaries, and are
depicted on maps included in the report on land use assumptions and
capital improvements plan for the implementation of impact fees prepared
for the City by CobbFendley. A copy of these maps shall be retained
on file in the office of the City Secretary.
b.
This Section applies to all development within the impact fee service
area. The provisions of this Section shall apply uniformly within
the impact fee service area.
7.
Impact fees in relation to other fees and development regulations.
a.
Impact fees established by this Section 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 certificates of occupancy, and any tap or utility connection fees.
Such Impact Fees are intended to be consistent with and to further
the policies of the 2010 Comprehensive Plan the Capital Improvements
Plan, the zoning ordinance, 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.
b.
For each development to which impact fees apply, the payment of impact
fees as described in this Section will constitute a condition of plat,
construction permit, utility connection and other development approvals.
c.
This Section shall not affect the permissible uses of property, the
density of development, public improvement standards and requirements,
or any other aspect of City development regulations.
8.
Functions of advisory committee.
The advisory committee
may perform the following functions:
a.
Advise and assist the City Council and City staff in reviewing, adopting
and updating the land use assumptions and the capital improvements
plan.
b.
File written comments on the land use assumptions and the capital
improvements plan.
c.
Monitor and evaluate implementation of the capital improvements plan.
d.
Advise the City of the need to update or revise the land use assumptions,
capital improvements plan and impact fees; and
e.
File periodic reports evaluating the progress of the capital improvements
plan and identifying perceived inequities in implementing the plan
or administering the impact fees.
9.
Updates to plans and revision of fees.
a.
The City shall update the land use assumptions and capital improvements
plan at least every five years and shall recalculate the maximum impact
fee rates based on the update, unless the City Council determines
that an update is not needed under Subsection A.3. The initial five-year
period will run from the January 6, 2020 date of the City Council's
adoption of the capital improvements plan.
b.
The City may review its land use assumptions, impact fees, capital
improvements plan and other factors such as market conditions more
frequently than provided in Subsection A.1 [sic] to determine whether
the land use assumptions and capital improvements plan should be updated
and the maximum impact fee rates recalculated.
c.
If the City Council determines that no changes to the land use assumptions,
capital improvements plan or impact fee are needed at the time an
update is required under Subsection A.1 [sic], the City Council will
provide notice of this determination as described in Texas Local Government
Code 395.0575. If no person submits a timely request for an update
of the land use assumptions, capital improvements plan or impact fee,
no update will be necessary.
d.
The City Council may amend the actual impact fee rates in Subsection
B.1.(a) at any time without revising the land use assumptions and
capital improvements plan. The actual impact fee rates may not, however,
exceed the maximum impact fee rates set in Subsection B.1.(b).
B.
Water and wastewater impact fees.
1.
2.
Determination of impact fee rates.
a.
The impact fee rates will be those in effect at the time an application
for a building permit, plumbing permit, or utility connection is submitted
to the City, except as provided in Subsection B.2.(b) below.
b.
For development on property platted or replatted after the original
effective date of this Section, the impact fee rates will be those
in effect at the time the plat or replat of the property was recorded.
The applicant for a building or plumbing permit shall submit evidence
of the date of plat or replat recording with the application for a
building or plumbing permit.
3.
Computation of service units.
a.
Water service units.
The number of water service
units for a development shall be based on the size of the water meter
necessary to serve the development, as confirmed by the City. The
number of water service units associated with various water meter
sizes is in Table 7.6 of the Land Use Assumptions and Capital Improvements
Report.
|
Table 7.6
| |||||
|---|---|---|---|---|---|
|
Meter Type
|
Meter Size
|
Ratio to 518" Meter (Equiv. # of EDU's)
|
Impact Fee for Water
|
Impact Fee for Sanitary Sewer
|
Impact Fee for Thoroughfare
|
|
Simple
|
518" x 3/4"
|
1
|
$2,795
|
$4,625
|
$427
|
|
Simple - Residential
|
1
|
$2,795
|
$4,625
|
$427
| |
|
Simple - Commercial
|
3/4"
|
1.5
|
$4,193
|
$6,938
|
$641
|
|
Simple
|
2.5
|
$6,988
|
$11.563
|
$1,068
| |
|
Simple
|
5
|
$13,975
|
$23,125
|
$2,135
| |
|
Simple
|
8
|
$22,360
|
$37,000
|
$3,416
| |
|
Compound
|
8
|
$22,360
|
$37,000
|
$3,416
| |
|
Turbine
|
16
|
$44,720
|
$74,000
|
$6,832
| |
|
Compound
|
17.5
|
$48,913
|
$80,938
|
$7,473
| |
|
Turbine
|
3"
|
35
|
$97,825
|
$161,875
|
$14,945
|
|
Compound
|
30
|
$83,850
|
$138,750
|
$12,810
| |
|
Turbine
|
65
|
$181,675
|
$300,625
|
$27,755
| |
|
SOURCE: AWW Standards 700. C702, C703.
|
|
Note: The City of Reno is setting e standard residential meter
to a 3/4' [3/4"] Meter Size. For the purpose of this study, a
3/4" residential meter is set to be the equivalent of 1 EDU
|
b.
Wastewater service units.
The number of wastewater
service units for a development shall be based on the size of the
water meter necessary to serve the development, as confirmed by the
City. If the City allows a development to connect to the wastewater
system without connecting to the water system, the property owner
shall submit information to support a determination of the water meter
size that would be required if the development connected to the City
water system. The number of wastewater service units associated with
various water meter sizes is based on the meter chart in Subsection
B.3.(a), as stated in Table 7.6 of the Land Use Assumptions and Capital
Improvements Report.
c.
Roadway service units.
The number of roadway service
units for a development shall be based on impact to the transportation
system of the development attributable to an individual unit calculated
in accordance with generally accepted engineering or planning standards
and based on anticipated growth and trends applicable to the City
in the next ten (10) years. See Table 7-4 of the Land Use Assumptions
and Capital Improvements Report.
|
TABLE 74
|
|
City of Reno Impact Fee Calculation
Impact Fee Derivation
|
 |
4.
Payment of impact fees.
a.
Impact fees shall be paid at the following times:
(i)
For land within the City Limits, at the time the City issues
a building permit, or if no building permits are needed, at the time
the City approves a utility connection application.
(ii)
For land outside the City Limits, at the time the City issues
a plumbing permit, or if no plumbing permit is needed, at the time
the City approves a utility application.
b.
The City Council may approve an agreement with a property owner for
a different time, manner of computation, or payment of impact fees
for development on the owner's property.
5.
Offsets and credits.
a.
If a property owner, in connection with a development, constructs
a capital improvement or facility expansion included in the capital
improvements plan, and the improvement or expansion exceeds minimum
City standards and provides capacity in excess of the needs of the
property owner's development, the property owner will be entitled
to an offset or credit against impact fees that would otherwise be
assessed against the development.
b.
If impact fees for a development will be paid in a lump sum, the
allowable costs will be calculated and offset against impact fees
at the normal time of collection. If impact fees for a development
will be paid incrementally as uses are initiated or constructed on
the property, the City will enter into a capital improvement agreement
with the property owner under Subsection E that describes the manner
in which the allowable costs will be credited towards impact fee payments.
c.
The amount of an offset or credit will be based on the extent to
which the capacity of the capital improvement or facility expansion
exceeds the capacity represented by minimum City standards for the
type of facility, or the capacity needs of the property owner's
development, whichever is greater. The property owner shall submit
evidence of the actual, fair-market cost of the capital improvement
or facility expansion. The cost shall be subject to verification by
the City.
d.
An offset or credit shall only be applicable against the impact fees
for the type of facility (water facility, wastewater facility, or
roadway facility) constructed by the property owner.
e.
A credit shall expire 10 years from the date the credit was created.
6.
Capital improvement agreements.
A property owner entitled
to a credit under Subsection B.5. may request to enter into a capital
improvement agreement with the City. The agreement will provide for
the credit to run with the land and be used to reduce the amount of
the impact fee that would otherwise be owed for each use initiated
or constructed on the property. The agreement will be on a form approved
by the City, and it must include the estimated cost of the improvement
or expansion, the schedule for commencing and completing construction,
and other terms and conditions deemed necessary by the City. The agreement
shall describe the method to be used to determine the amount of the
credit each time impact fees are due for development on the property.
7.
Refunds.
a.
At the written request of an owner of the property on which an impact
fee has been paid, the political subdivision shall refund all or part
of the impact fee, together with interest calculated from the date
of collection to the date of refund, if any of the following apply:
(i)
Existing facilities are available to serve the development and
service is denied for any reason.
(ii)
Existing facilities were not available to serve the development
when the fee was paid, and the City has failed to commence construction
of facilities to provide service within two years of payment of the
fee; or
(iii)
Existing facilities were not available to serve
the development when the fee was paid, and the City has failed to
make service available within a reasonable period considering the
type of facilities to be constructed, but in no event later than five
years from the date of payment.
b.
Upon written request of an owner of the property on which an impact
fee has been paid, the portion of an impact fee which has not been
expended within 10 years from the date of payment shall be refunded.
The application for refund under this section shall be submitted within
60 days after the expiration of the ten-year period. Under this subsection,
impact fees will be deemed expended on a first-in, first-out basis.
An impact fee collected under this Section will be deemed expended
if the total expenditures for capital improvements or facility expansions
within ten years after the date of payment exceeds the total amount
of fees collected for the category of improvements or expansions (water,
wastewater, or roadway) during that period.
c.
If a refund is due under Subsections B.7.a. or B.7.b., the City shall
divide the difference between the amount of expenditures and the amount
of the fees collected by the total number of service units identified
in the land use assumptions for the service area to determine the
refund due per service unit. The refund 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 on that amount. Refunds shall be made to the record
owner of the property at the time of the refund.
8.
Rebates.
If a building or plumbing permit or an approval
of a utility application in a development expires after an impact
fee has been paid, and no utility connection has been made under the
permit or approval, and a modified or new application has not been
filed within six months of the expiration, and the property owner
submits a written request to the City within six months of the expiration,
the City shall rebate the amount of the impact fee to the record owner
of the property at the time of the refund. If no request for a rebate
is submitted within this period, no rebate shall become due.
C.
Accounting and use of impact fees.
1.
Accounting for impact fees.
a.
The City shall establish separate interest-bearing accounts for water
system impact fees, for wastewater system impact fees, and for roadway
system impact fees.
b.
Interest earned on each account shall be credited to that account
and shall be used solely for the purposes authorized in this Section.
c.
The City shall establish and maintain financial and accounting controls
to ensure that impact fees disbursed from an account are used solely
for the purposes authorized in this Section. 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 Section.
d.
The City shall maintain financial records for each account which
show the source and disbursement of all funds. The records shall be
open for public inspection during ordinary business hours.
2.
Use of impact fee accounts.
a.
Impact fees collected under this Section shall be used to pay or
recoup the costs of constructing capital improvements or facility
expansions identified in the capital improvements plan. Water system
impact fees will be used only for water system capital improvements
or facility expansions. Wastewater system impact fees will be used
only for wastewater system capital improvements or facility expansions.
Roadway system impact fees will be used only for roadway system capital
improvements or facility expansions. Construction costs include the
construction contract price, surveying and engineering costs, and
land acquisition costs (including purchase price, court awards and
costs, attorney's fees, and expert witness fees).
b.
Impact fees may be used to pay the principal and interest and other
finance costs on bonds, notes or other obligations issued by or on
behalf of the City to finance capital improvements or facility expansions
identified in the capital improvements plan.
c.
Impact fees may be used to pay fees to an independent qualified engineer
or financial consultant (i.e., an engineer or consultant who is not
an employee of the City) for preparing or updating the capital improvements
plan.
d.
Impact fees collected under this Section shall not be used to pay
for any of the following:
(i)
Construction or acquisition of capital improvements or facility
expansions other than those identified in the capital improvements
plan.
(ii)
Repair, operation, or maintenance of existing or new capital
improvements or facility expansions.
(iii)
Upgrade, expansion or replacement of existing
capital improvements that serve existing uses in order to meet stricter
safety, efficiency, environmental or regulatory standards.
(iv)
Upgrade, expansion, or replacement of existing capital improvements
to provide better service to existing uses; or
(v)
Administrative and operating costs of the City.
e.
The City may pledge impact fee revenues as security for the payment
of debt service on a bond, note, or other obligation issued to finance
a capital improvement or facility expansion identified in the capital
improvements plan if the City Council certifies in an ordinance or
resolution that none of the revenues will be used or expended for
an improvement or expansion not identified in the plan.
3.
Exceptions and exemptions.
a.
Impact fees shall not be collected from any local taxing unit, as
defined in the state tax code, that is authorized to impose and is
imposing ad valorem taxes on property.
b.
No wastewater impact fee shall be charged for an irrigation meter.
c.
No impact fee shall be charged for a fire line meter that serves
only a fire suppression system.
(Ordinance 2020-06 adopted 2/24/2020)
A.
Prior to
authorizing construction, the City Engineer shall be satisfied that
the following conditions have been met:
1.
The Final
Plat shall be complete and in compliance with the City of Reno Construction
Standards and Specifications and Master Plan at the time of approval.
2.
All required
contract documents shall be completed and filed with the City Engineer.
3.
All necessary
off-site easements or dedications required for City-maintained facilities
not shown on the Final Plat must be conveyed solely to the City of
Reno, Texas, with proper signatures affixed. The original of the documents
and filing fees shall be returned to the City Secretary prior to approval
and release of the engineering plans.
4.
All Contractors
participating in the construction shall be presented with a set of
accepted plans bearing the stamp of acceptance of the City Engineer.
These plans shall remain on the job site.
5.
If required
by the City Engineer, all parties participating in the construction
shall meet for a pre-construction conference to discuss the project
prior to beginning work.
6.
A complete
list of the Contractors, their representatives on the site, and telephone
numbers where a responsible party may be reached at all times must
be submitted to the City Engineer.
7.
Manufacturers’
drawings for all fabricated appurtenances or special construction
time shall be submitted to the City Engineer.
(Ordinance 2016-07 adopted 4/14/16)
Construction shall be inspected by the City Engineer or City
representative. Completion of construction to the approved plans and
specifications of the City of Reno is the responsibility of the Developer
and Contractors. The responsibility of the City Engineer is to assure
conformance to the accepted plans and specifications. Any change in
design required during construction shall be made by the Engineer
whose seal and signature are shown on the plans and shall be accepted
by the City Engineer prior to making such changes.
(Ordinance 2016-07 adopted 4/14/16)
A.
After completion
of all items required in the plans and specifications, the Contractor
shall submit to the City a bond in the amount of one hundred percent
(100%) of the Contract amount guaranteeing workmanship and materials
for a period of one (1) year from the date of final acceptance by
the City. The City Engineer shall verify that all items have been
completed, including the filing of the plat and all related easements
and documents, [and] payment of pro rata fees for streets. The City
Engineer, or his designated agent, shall conduct a final inspection
of the project and, if all work is found to be acceptable, shall issue
a Letter of Acceptance. Any items of exception noted in the acceptance
letter shall be immediately satisfied.
B.
Acceptance
of the subdivision shall mean that title to all improvements is vested
in the City of Reno. The Developer and his Contractors shall, however,
be bound to the City for a period of one (1) year to repair any defects
in the improvements. A maintenance bond of 10% of improvements shall
also be required for one (1) additional year.
(Ordinance 2016-07 adopted 4/14/16)
Prior to final acceptance by the City of the improvements in
the subdivision, the Engineer for the Developer shall submit to the
City Engineer a complete, reproducible set of drawings of paving,
drainage, and other improvements showing all changes made in the plans
during construction and containing on each sheet an “As-Built”
stamp bearing the signature of the Engineer and the date. An electronic
file of the plat and any engineering plans shall also be submitted
to the City.
(Ordinance 2016-07 adopted 4/14/16)
Generally, building permits will not be issued until completion
of all improvements within the subdivision or resubdivision and acceptance
by the City. The City Engineer shall have the authority, after reviewing
the progress of construction and other relevant matters, to release
portions of the subdivision for building permits. No building permit
will be issued until the Developer pays to City the assessed Impact
Fee. All Developer Agreements shall be submitted to City prior to
issuance of a building permit.
(Ordinance 2016-07 adopted 4/14/16)
A.
The following
schedule of fees and charges shall be paid to the City when any plat
is submitted to the City Council. Each of the fees and charges provided
herein shall be paid in advance, and the City Council shall take no
action until said fees and charges have been received by the officer
designated herein. The City Council or their deputies or assistants,
shall calculate and charge only those fees necessary to recoup all
costs which have been incurred by the City.
These fees shall be charged on all plats, regardless of the
action taken and whether the plat is approved or denied by the City
Council.
B.
Construction
Permit.
The City Staff shall compute the Construction
Permit Fee for the development of a subdivision, or parts thereof,
and charge only those fees necessary to recoup all costs which have
been incurred by the City.
(Ordinance 2016-07 adopted 4/14/16)
The term “subdivision” means the division of any
tract of land situated within the corporate limits of the City or
within one-half (1/2) mile thereof, into two or more parts for the
purpose of laying out any subdivision of any tract of land or any
addition to the City of Reno, Texas, or for laying out suburban lots
or building lots, or any lots, and streets, alleys or parks or other
portions intended for public used, or the use of purchasers or owners
of lots fronting thereon or adjacent thereto for the purpose, whether
immediate or future, of creating building sites. “Subdivision”
includes resubdivision. “Subdivision” shall also mean
a tract of land intended to be built upon and for which a building
permit is required.
The rules and regulations attached hereto, including the attached Appendix A, Specific Requirements and Design Criteria is incorporated herein as if copied herein in their entirety and are hereby adopted as the subdivision regulations of the City of Reno and are made as part hereof for all purposes.
No person shall create a subdivision of land, as hereinabove
defined, within the corporate limits of the City or within one-half
(1/2) mile thereof, without complying with the provisions of these
regulations. All plats and subdivisions of any such land shall conform
to the rules and regulations herein adopted.
(Ordinance 2016-07 adopted 4/14/16)
The City Council may authorize a variance from these regulations
when in its opinion undue hardship will result from requiring strict
compliance. In granting a variance, the council shall prescribe only
conditions that it deems necessary or desirable to the public interest
and making the findings herein below required. The Council shall take
into account the nature of the proposed use of land involved and existing
uses of the land in the vicinity, the number of persons who will reside
or work in the proposed subdivision, and the probable effect of such
variance upon traffic conditions and upon the public health, safety,
convenience and welfare in the vicinity. No variance will be granted
unless the council finds:
1.
That there
are special circumstances or conditions affecting the land involved
such that the strict application of the provisions of this chapter
would deprive the applicant of the reasonable use of his land.
2.
That the
variances are necessary for the preservation and enjoyment of a substantial
property right of the applicant, [and] that the granting of the variance
will not be detrimental to the public health, safety or welfare or
injurious to other property in the area.
3.
That the
granting of the variances will not have the effect of preventing the
orderly subdivision of other lands in the area in accordance with
the provisions of this ordinance. Such finding of the Council together
with the specific facts on which such findings are based shall be
incorporated under the official minutes of the City Council meeting
at which such variance is granted. Variances may be granted only when
in harmony with the general purpose and intent of this chapter so
that the public health, safety and welfare may be secured and substantial
justice done. Pecuniary hardship to the subdivider, standing alone,
shall not be deemed to constitute undue hardship.
4.
The Council
may not authorize a variance that would constitute a violation of
any other valid ordinance of the City.
(Ordinance 2016-07 adopted 4/14/16)
All ordinances, or parts of ordinances, inconsistent or in conflict
with the provisions of this Ordinance are hereby repealed. However,
the repeal of existing ordinance by this Ordinance shall not affect
or prevent the prosecution or punishment of any person for any act
done or committed prior to the effective date of this Ordinance in
violation of any ordinance hereby repealed; and prosecution for such
offenses may be instituted and causes presently pending proceeded
with in all respects as if such prior ordinance or ordinances had
not been repealed.
(Ordinance 2016-07 adopted 4/14/16)
If any article, paragraph, or subdivision, clause or provision
of this Ordinance shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this Ordinance as a whole
or any part or provision thereof, other than the part so decided to
be invalid or unconstitutional.
(Ordinance 2016-07 adopted 4/14/16)
Any person, firm, or corporation in violation of any of the
provisions of this Ordinance shall be deemed guilty of a misdemeanor
and, upon conviction, shall be punished by a penalty or fine not to
exceed the sum of Two Hundred Dollars ($200.00) for each offense,
and each and every day such offense is continued shall constitute
a new and separate offense.
(Ordinance 2016-07 adopted 4/14/16)
This Ordinance shall take effect immediately from and after
the publication of its caption, as the law in such cases provides.
(Ordinance 2016-07 adopted 4/14/16)
