This Chapter is intended to assure the provision of adequate
public facilities to serve new development in the City by requiring
each such development to pay its share of the costs of such improvements
necessitated by and attributable to such new development.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
Terms defined herein are specific to this Chapter and shall
not be construed as conflicting with similar terms in other parts
of the Municipal Code.
(A)
Assessment means the determination of the amount of the
maximum impact fee per service unit which can be imposed on new development
pursuant to this Chapter.
(B)
Capital improvement means 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 the City:
(C)
Capital improvements plan means a plan approved by the City
Council that identifies capital improvements or facility expansions
for which impact fees may be assessed.
(D)
City means the City of Midland, Texas.
(E)
City Council means the City Council of the City of Midland,
Texas.
(F)
City Manager means the City Manager of the City of Midland,
Texas, or his or her designee.
(G)
Director means the Director of the Development Services
Department of the City of Midland, Texas, or his or her designee.
(H)
Effective date means October 1, 2019.
(I)
Facility expansion means 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.
(J)
Impact fee means a charge or assessment imposed as set forth
in this Chapter 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
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 to be placed in trust funds for the purpose of reimbursing
developers for oversizing or constructing water or sewer mains or
lines; or
4.
Other
pro rata fees for reimbursement of water or sewer mains or lines extended
by the political subdivision.
(K)
Land use assumptions means 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
and approved by the City Council.
(L)
New development means 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.
(M)
Owner means an owner of real property that is subject to
this Chapter, or an agent, employee, or representative thereof who
is authorized to act of the real property owner's behalf, or a person
who has paid an impact fee under this Chapter.
(N)
Roadway facilities means arterial or collector streets or
roads that have been designated on an officially adopted roadway plan
of the City, 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.
(O)
Service area means:
1.
For
purposes of water and wastewater, the area within the corporate boundaries
of the City; and
2.
For
purposes of roadways, an area within the corporate boundaries of the
City that does not exceed six miles within which roadway impact fees
for capital improvements will be collected for new development, and
within which fees so collected will be expended for those capital
improvements identified in the capital improvements plan to be located
therein. The roadway service areas are more fully described in the
study.
(P)
Service unit means 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 ten years. The service units for purposes
of roadways, water, and wastewater are more fully described in the
study.
(Q)
Site-related facility means an improvement or facility which
is for the primary use or benefit of a new development or which is
for the primary purpose of safe and adequate provision of roadway,
water, or wastewater facilities to serve the new development, and
which is not included in the capital improvements plan and for which
the owner is solely responsible under subdivision or other applicable
regulations or which is located at least partially on the plat which
is being considered for impact fee assessment. This term includes
that portion of an off-site water or wastewater main, equivalent to
a standard size water or wastewater main, which is necessary to connect
any new development with the City's water or wastewater system, the
cost of which has not been included in the City's impact fee capital
improvements plan.
(R)
Study means, collectively, the roadway impact fee study
and the water and wastewater impact fee study that are on file in
the office of the City's Development Services Department.
(S)
System-related facility means a capital improvement or facility
expansion which is designated in the capital improvements plan and
which is not a site-related facility. This term may include a capital
improvement which is located off-site or within or on the perimeter
of the development site.
(T)
Wastewater facility means 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 system
for wastewater. This term includes land, easements or structures associated
with such facilities. This term excludes a site-related facility.
(U)
Water facility means a water interceptor or main, pump station,
storage tank or other facility or improvement used for providing water
supply, treatment and distribution service included within the City's
water storage or distribution system. This term includes, but is not
limited to, land, easements or structures associated with such facilities.
This term excludes site-related facilities.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
The study is hereby approved and adopted for all purposes consistent
with this Chapter.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
The provisions of this Chapter apply to all new development
within the corporate boundaries of the City.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
(A)
A
pre-credit water impact fee of $3,312.24 per service unit shall be
assessed and charged against new development in the service area as
set forth below.
For final plats approved before the effective date and for final
plats recorded on or after the effective date:
|
Water Meter Size
|
Service Unit Equivalents
|
Maximum Assessed Impact Fee
|
Maximum Impact Fee after Application of Credit (see Section 11-14-8(A))
|
|---|---|---|---|
|
1"
|
1.0
|
$3,312.24
|
$1,656.12
|
|
2"
|
4.0
|
$13,248.97
|
$6,624.48
|
|
3"
|
9.0
|
$29,810.18
|
$14,905.09
|
|
4"
|
20.0
|
$66,244.85
|
$33,122.42
|
|
6"
|
40.0
|
$132,489.70
|
$66,244.85
|
(B)
A
pre-credit wastewater impact fee of $1,676.82 per service unit shall
be assessed and charged against new development in the service area
as set forth below.
For final plats approved before the effective date and for final
plats recorded on or after the effective date:
|
Water Meter Size
|
Service Unit Equivalents
|
Maximum Assessed Impact Fee
|
Maximum Impact Fee after Application of Credit (see Section 11-14-8(A))
|
|---|---|---|---|
|
1"
|
1.0
|
$1,676.82
|
$838.41
|
|
2"
|
4.0
|
$6,707.27
|
$3,353.63
|
|
3"
|
9.0
|
$15,091.35
|
$7,545.67
|
|
4"
|
20.0
|
$33,536.33
|
$16,768.16
|
|
6"
|
40.0
|
$67,072.66
|
$33,536.33
|
(C)
A
pre-credit roadway impact fee of:
1.
$2,034.00
per service unit in Service Area A;
2.
$1,562.00
per service unit in Service Area B;
3.
$1,410.00
per service unit in Service Area C;
4.
$2,052.00
per service unit in Service Area D; and
5.
$0.00
per service unit in Service Area E;
|
shall be assessed and charged against new development in such
service areas as set forth below.
|
|
For final plats approved before the effective date and for final
plats recorded on or after the effective date:
|
|
Maximum Assessed Impact Fee
|
Maximum Impact Fee after Application of Credit (see Section 11-14-8(A))
| |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Land Use Category
|
ITE Land Use Code
|
Development Unit
|
Service Area A
|
Service Area B
|
Service Area C
|
Service Area D
|
Service Area A
|
Service Area B
|
Service Area C
|
Service Area D
|
|
PORT AND TERMINAL
| ||||||||||
|
Truck Terminal
|
030
|
1,000 SF GFA
|
$22,821.48
|
$17,525.64
|
$15,820.20
|
$23,023.44
|
$11,410.74
|
$8,762.82
|
$7,910.10
|
$11,511.72
|
|
Park-and-Ride
|
090
|
Parking Spaces
|
$5,247.72
|
$4,029.96
|
$3,637.80
|
$5,294.16
|
$2,623.86
|
$2,014.98
|
$1,818.90
|
$2,647.08
|
|
INDUSTRIAL
|
|
|
|
|
|
|
|
|
|
|
|
General Light Industrial
|
110
|
1,000 SF GFA
|
$7,688.52
|
$5,904.36
|
$5,329.80
|
$7,756.56
|
$3,844.26
|
$2,952.18
|
$2,664.90
|
$3,878.28
|
|
Industrial Park
|
130
|
1,000 SF GFA
|
$4,881.60
|
$3,748.80
|
$3,384.00
|
$4,924.80
|
$2,440.80
|
$1,874.40
|
$1,692.00
|
$2,462.40
|
|
Manufacturing
|
140
|
1,000 SF GFA
|
$8,176.68
|
$6,279.24
|
$5,668.20
|
$8,249.04
|
$4,088.34
|
$3,139.62
|
$2,834.10
|
$4,124.52
|
|
Warehousing
|
150
|
1,000 SF GFA
|
$2,318.76
|
$1,780.68
|
$1,607.40
|
$2,339.28
|
$1,159.38
|
$890.34
|
$803.70
|
$1,169.64
|
|
Mini-Warehouse
|
151
|
1,000 SF GFA
|
$2,074.68
|
$1,593.24
|
$1,438.20
|
$2,093.04
|
$1,037.34
|
$796.62
|
$719.10
|
$1,046.52
|
|
Data Center
|
160
|
1,000 SF GFA
|
$1,098.36
|
$843.48
|
$761.40
|
$1,108.08
|
$549.18
|
$421.74
|
$380.70
|
$554.04
|
|
RESIDENTIAL
|
|
|
|
|
|
|
|
|
|
|
|
Single-Family Detached Housing
|
210
|
Dwelling Unit
|
$6,040.98
|
$4,639.14
|
$4,187.70
|
$6,094.44
|
$3,020.49
|
$2,319.57
|
$2,093.85
|
$3,047.22
|
|
Multifamily Housing (Low-Rise)
|
220
|
Dwelling Unit
|
$3,417.12
|
$2,624.16
|
$2,368.80
|
$3,447.36
|
$1,708.56
|
$1,312.08
|
$1,184.40
|
$1,723.68
|
|
Multifamily Housing (Mid-Rise)
|
221
|
Dwelling Unit
|
$2,684.88
|
$2,061.84
|
$1,861.20
|
$2,708.64
|
$1,342.44
|
$1,030.92
|
$930.60
|
$1,354.32
|
|
Multifamily Housing (High-Rise)
|
222
|
Dwelling Unit
|
$2,196.72
|
$1,686.96
|
$1,522.80
|
$2,216.16
|
$1,098.36
|
$843.48
|
$761.40
|
$1,108.08
|
|
Mobile Home Park/
|
240
|
Dwelling Unit
|
$2,806.92
|
$2,155.56
|
$1,945.80
|
$2,831.76
|
$1,403.46
|
$1,077.78
|
$972.90
|
$1,415.88
|
|
Manufactured Home
|
|
|
|
|
|
|
|
|
|
|
|
Senior Adult Housing-Detached
|
251
|
Dwelling Unit
|
$1,830.60
|
$1,405.80
|
$1,269.00
|
$1,846.80
|
$915.30
|
$702.90
|
$634.50
|
$923.40
|
|
Senior Adult Housing-Attached
|
252
|
Dwelling Unit
|
$1,586.52
|
$1,218.36
|
$1,099.80
|
$1,600.56
|
$793.26
|
$609.18
|
$549.90
|
$800.28
|
|
Assisted Living
|
254
|
Beds
|
$1,586.52
|
$1,218.36
|
$1,099.80
|
$1,600.56
|
$793.26
|
$609.18
|
$549.90
|
$800.28
|
|
LODGING
|
|
|
|
|
|
|
|
|
|
|
|
Hotel
|
310
|
Room
|
$3,661.20
|
$2,811.60
|
$2,538.00
|
$3,693.60
|
$1,830.60
|
$1,405.80
|
$1,269.00
|
$1,846.80
|
|
Motel/Other Lodging Facilities
|
320
|
Room
|
$2,318.76
|
$1,780.68
|
$1,607.40
|
$2,339.28
|
$1,159.38
|
$890.34
|
$803.70
|
$1,169.64
|
|
RECREATIONAL
|
|
|
|
|
|
|
|
|
|
|
|
Golf Driving Range
|
432
|
Tee
|
$7,627.50
|
$5,857.50
|
$5,287.50
|
$7,695.00
|
$3,813.75
|
$2,928.75
|
$2,643.75
|
$3,847.50
|
|
Golf Course
|
430
|
Acre
|
$1,708.56
|
$1,312.08
|
$1,184.40
|
$1,723.68
|
$854.28
|
$656.04
|
$592.20
|
$861.84
|
|
Bowling Alley
|
437
|
1,000 SF GFA
|
$7,078.32
|
$5,435.76
|
$4,906.80
|
$7,140.96
|
$3,539.16
|
$2,717.88
|
$2,453.40
|
$3,570.48
|
|
Recreational Community Center
|
495
|
1,000 SF GFA
|
$14,095.62
|
$10,824.66
|
$9,771.30
|
$14,220.36
|
$7,047.81
|
$5,412.33
|
$4,885.65
|
$7,110.18
|
|
Ice Skating Rink
|
465
|
1,000 SF GFA
|
$8,115.66
|
$6,232.38
|
$5,625.90
|
$8,187.48
|
$4,057.83
|
$3,116.19
|
$2,812.95
|
$4,093.74
|
|
Miniature Golf Course
|
431
|
Hole
|
$2,013.66
|
$1,546.38
|
$1,395.90
|
$2,031.48
|
$1,006.83
|
$773.19
|
$697.95
|
$1,015.74
|
|
Multiplex Movie Theater
|
445
|
Screens
|
$83,780.46
|
$64,338.78
|
$58,077.90
|
$84,521.88
|
$41,890.23
|
$32,169.39
|
$29,038.95
|
$42,260.94
|
|
Racquet/Tennis Club
|
491
|
Court
|
$23,309.64
|
$17,900.52
|
$16,158.60
|
$23,515.92
|
$11,654.82
|
$8,950.26
|
$8,079.30
|
$11,757.96
|
|
Health/Fitness Club
|
492
|
1,000 SF GFA
|
$21,051.90
|
$16,166.70
|
$14,593.50
|
$21,238.20
|
$10,525.95
|
$8,083.35
|
$7,296.75
|
$10,619.10
|
|
INSTITUTIONAL
|
|
|
|
|
|
|
|
|
|
|
|
Church
|
560
|
1,000 SF GFA
|
$2,989.98
|
$2,296.14
|
$2,072.70
|
$3,016.44
|
$1,494.99
|
$1,148.07
|
$1,036.35
|
$1,508.22
|
|
Day Care Center
|
565
|
1,000 SF GFA
|
$20,156.94
|
$15,479.42
|
$13,973.10
|
$20,335.32
|
$10,078.47
|
$7,739.71
|
$6,986.55
|
$10,167.66
|
|
Primary/Middle School (1-8)
|
522
|
Students
|
$1,037.34
|
$796.62
|
$719.10
|
$1,046.52
|
$518.67
|
$398.31
|
$359.55
|
$523.26
|
|
High School
|
530
|
Students
|
$854.28
|
$656.04
|
$592.20
|
$861.84
|
$427.14
|
$328.02
|
$296.10
|
$430.92
|
|
Junior/Community College
|
540
|
Students
|
$671.22
|
$515.46
|
$465.30
|
$677.16
|
$335.61
|
$257.73
|
$232.65
|
$338.58
|
|
University/College
|
550
|
Students
|
$915.30
|
$702.90
|
$634.50
|
$923.40
|
$457.65
|
$351.45
|
$317.25
|
$461.70
|
|
MEDICAL
|
|
|
$-
|
$-
|
$-
|
$-
|
|
|
|
|
|
Clinic
|
630
|
1,000 SF GFA
|
$18,753.48
|
$14,401.64
|
$13,000.20
|
$18,919.44
|
$9,376.74
|
$7,200.82
|
$6,500.10
|
$9,459.72
|
|
Hospital
|
610
|
1,000 SF GFA
|
$5,552.82
|
$4,264.26
|
$3,849.30
|
$5,601.96
|
$2,776.41
|
$2,132.13
|
$1,924.65
|
$2,800.98
|
|
Nursing Home
|
620
|
Beds
|
$1,261.08
|
$968.44
|
$874.20
|
$1,272.24
|
$630.54
|
$484.22
|
$437.10
|
$636.12
|
|
Animal Hospital/ Veterinary Clinic
|
640
|
1,000 SF GFA
|
$14,115.96
|
$10,840.28
|
$9,785.40
|
$14,240.88
|
$7,057.98
|
$5,420.14
|
$4,892.70
|
$7,120.44
|
|
OFFICE
|
|
|
|
|
|
|
|
|
|
|
|
Corporate Head-quarters Building
|
714
|
1,000 SF GFA
|
$3,661.20
|
$2,811.60
|
$2,538.00
|
$3,693.60
|
$1,830.60
|
$1,405.80
|
$1,269.00
|
$1,846.80
|
|
General Office Building
|
710
|
1,000 SF GFA
|
$7,017.30
|
$5,388.90
|
$4,864.50
|
$7,079.40
|
$3,508.65
|
$2,694.45
|
$2,432.25
|
$3,539.70
|
|
Medical-Dental Office Building
|
720
|
1,000 SF GFA
|
$21,112.92
|
$16,213.56
|
$14,635.80
|
$21,299.76
|
$10,556.46
|
$8,106.78
|
$7,317.90
|
$10,649.88
|
|
Single Tenant Office Building
|
715
|
1,000 SF GFA
|
$10,434.42
|
$8,013.06
|
$7,233.30
|
$10,526.76
|
$5,217.21
|
$4,006.53
|
$3,616.65
|
$5,263.38
|
|
Office Park
|
750
|
1,000 SF GFA
|
$6,529.14
|
$5,014.02
|
$4,526.10
|
$6,586.92
|
$3,264.57
|
$2,507.01
|
$2,263.05
|
$3,293.46
|
|
COMMERCIAL
|
|
|
|
|
|
|
|
|
|
|
|
Automobile Related
|
|
|
|
|
|
|
|
|
|
|
|
Automobile Care Center
|
942
|
1,000 SF GFA
|
$8,481.78
|
$6,513.54
|
$5,879.70
|
$8,556.84
|
$4,240.89
|
$3,256.77
|
$2,939.85
|
$4,278.42
|
|
Automobile Parts Sales
|
843
|
1,000 SF GFA
|
$12,692.16
|
$9,746.88
|
$8,798.40
|
$12,804.48
|
$6,346.08
|
$4,873.44
|
$4,399.20
|
$6,402.24
|
|
Gasoline/Service Station
|
944
|
Vehicle Fueling Position
|
$9,925.92
|
$7,622.56
|
$6,880.80
|
$10,013.76
|
$4,962.96
|
$3,811.28
|
$3,440.40
|
$5,006.88
|
|
Gasoline/Service Station w/ Conv Market and Car
Wash
|
945
|
Vehicle Fueling Position
|
$7,525.80
|
$5,779.40
|
$5,217.00
|
$7,592.40
|
$3,762.90
|
$2,889.70
|
$2,608.50
|
$3,796.20
|
|
New Car Sales
|
841
|
1,000 SF GFA
|
$8,807.22
|
$6,763.46
|
$6,105.30
|
$8,885.16
|
$4,403.61
|
$3,381.73
|
$3,052.65
|
$4,442.58
|
|
Quick Lubrication Vehicle Shop
|
941
|
Servicing Positions
|
$13,200.66
|
$10,137.38
|
$9,150.90
|
$13,317.48
|
$6,600.33
|
$5,068.69
|
$4,575.45
|
$6,658.74
|
|
Self-Service Car Wash
|
947
|
Stall
|
$4,047.66
|
$3,108.38
|
$2,805.90
|
$4,083.48
|
$2,023.83
|
$1,554.19
|
$1,402.95
|
$2,041.74
|
|
Tire Store
|
848
|
1,000 SF GFA
|
$13,017.60
|
$9,996.80
|
$9,024.00
|
$13,132.80
|
$6,508.80
|
$4,998.40
|
$4,512.00
|
$6,566.40
|
|
Dining
|
|
|
|
|
|
|
|
|
|
|
|
Drinking Place
|
925
|
1,000 SF GFA
|
$42,510.60
|
$32,645.80
|
$29,469.00
|
$42,886.80
|
$21,255.30
|
$16,322.90
|
$14,734.50
|
$21,443.40
|
|
Fast Food Rest-aurant with Drive-Thru Window
|
934
|
1,000 SF GFA
|
$61,162.38
|
$46,969.34
|
$42,398.70
|
$61,703.64
|
$30,581.19
|
$23,484.67
|
$21,199.35
|
$30,851.82
|
|
Fast Food Rest-aurant without Drive-Thru Window
|
933
|
1,000 SF GFA
|
$53,026.38
|
$40,721.34
|
$36,758.70
|
$53,495.64
|
$26,513.19
|
$20,360.67
|
$18,379.35
|
$26,747.82
|
|
High Turnover (Sit-Down) Restaurant
|
932
|
1,000 SF GFA
|
$31,954.14
|
$24,539.02
|
$22,151.10
|
$32,236.92
|
$15,977.07
|
$12,269.51
|
$11,075.55
|
$16,118.46
|
|
Quality Restaurant
|
931
|
1,000 SF GFA
|
$25,058.88
|
$19,243.84
|
$17,371.20
|
$25,280.64
|
$12,529.44
|
$9,621.92
|
$8,685.60
|
$12,640.32
|
|
Coffee/Donut Shop with Drive-Thru Window
|
937
|
1,000 SF GFA
|
$48,693.96
|
$37,394.28
|
$33,755.40
|
$49,124.88
|
$24,346.98
|
$18,697.14
|
$16,877.70
|
$24,562.44
|
|
Other Retail
|
|
|
|
|
|
|
|
|
|
|
|
Free-Standing Store
|
815
|
1,000 SF GFA
|
$20,624.76
|
$15,838.68
|
$14,297.40
|
$20,807.28
|
$10,312.38
|
$7,919.34
|
$7,148.70
|
$10,403.64
|
|
Nursery (Garden Center)
|
817
|
1,000 SF GFA
|
$29,655.72
|
$22,773.96
|
$20,557.80
|
$29,918.16
|
$14,827.86
|
$11,386.98
|
$10,278.90
|
$14,959.08
|
|
Home Improvement Superstore
|
862
|
1,000 SF GFA
|
$7,383.42
|
$5,670.06
|
$5,118.30
|
$7,448.76
|
$3,691.71
|
$2,835.03
|
$2,559.15
|
$3,724.38
|
|
Pharmacy/Drug-store w/o Drive-Thru Window
|
880
|
1,000 SF GFA
|
$24,408.00
|
$18,744.00
|
$16,920.00
|
$24,624.00
|
$12,204.00
|
$9,372.00
|
$8,460.00
|
$12,312.00
|
|
Pharmacy/Drug-store w/ Drive-Thru Window
|
881
|
1,000 SF GFA
|
$32,035.50
|
$24,601.50
|
$22,207.50
|
$32,319.00
|
$16,017.75
|
$12,300.75
|
$11,103.75
|
$16,159.50
|
|
Shopping Center
|
820
|
1,000 SF GLA
|
$15,316.02
|
$11,761.86
|
$10,617.30
|
$15,451.56
|
$7,658.01
|
$5,880.93
|
$5,308.65
|
$7,725.78
|
|
Supermarket
|
850
|
1,000 SF GFA
|
$36,062.82
|
$27,694.26
|
$24,999.30
|
$36,381.96
|
$18,031.41
|
$13,847.13
|
$12,499.65
|
$18,190.98
|
|
Toy/Children's Superstore
|
864
|
1,000 SF GFA
|
$21,357.00
|
$16,401.00
|
$14,805.00
|
$21,546.00
|
$10,678.50
|
$8,200.50
|
$7,402.50
|
$10,773.00
|
|
Department Store
|
875
|
1,000 SF GFA
|
$8,359.74
|
$6,419.82
|
$5,795.10
|
$8,433.72
|
$4,179.87
|
$3,209.91
|
$2,897.55
|
$4,216.86
|
|
SERVICES
|
|
|
|
|
|
|
|
|
|
|
|
Walk-In Bank
|
911
|
1,000 SF GFA
|
$33,011.82
|
$25,351.26
|
$22,884.30
|
$33,303.96
|
$16,505.91
|
$12,675.63
|
$11,442.15
|
$16,651.98
|
|
Drive-In Bank
|
912
|
Drive-in Lanes
|
$80,058.24
|
$61,480.32
|
$55,497.60
|
$80,766.72
|
$40,029.12
|
$30,740.16
|
$27,748.80
|
$40,383.36
|
|
Hair Salon
|
918
|
1,000 SF GLA
|
$4,617.18
|
$3,545.74
|
$3,200.70
|
$4,658.04
|
$2,308.59
|
$1,772.87
|
$1,600.35
|
$2,329.02
|
(Ordinance 9960, sec. 2, adopted 8/13/2019)
No final plat for new development shall be released for recordation
and no building permit shall be issued without the assessment of applicable
impact fees pursuant to this Chapter. Except as otherwise provided
in this Chapter, no building permit shall be issued until the owner
has paid the applicable impact fees.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
(A)
Assessment
of the impact fees for any new development shall be based on the applicable
impact fees per service unit in effect at the time of assessment.
No specific act by the City is required to assess impact fees.
(B)
For
a new development which has received final plat approval before the
effective date, assessment of impact fees shall occur on the effective
date.
(C)
For
a new development which has received final plat approval on or after
the effective date, assessment of impact fees shall occur at the time
of recordation of the final plat.
(D)
After
assessment of the impact fees attributable to a new development or
execution of an agreement for payment of impact fees, additional impact
fees or increases in fees may not be assessed against the tract unless
the number of service units to be developed on the tract increases.
In the event of the increase in the number of service units, the impact
fees to be imposed are limited to the amount attributable to the additional
service units.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
(A)
General
credit.
The City shall apply against assessed impact fees a credit equal to 50 percent of the total projected cost of implementing the capital improvements plan. The maximum impact fees after application of this credit are identified in Section 11-14-5.
(B)
Housing
credit.
If a new development is a single-family home,
a townhouse, or a duplex, the City shall apply against the impact
fees for such new development a credit equal to 25 percent of the
impact fees after the application of the credit described in (A) above.
This subsection shall expire and be of no further force or effect
on the fifth anniversary of the effective date.
(C)
Roadway
credit.
Any construction of, contributions to, or dedications
of roadway facilities that are system-related facilities and that
are agreed to or required by the City as a condition of development
approval shall be credited against assessed roadway impact fees. To
the extent that a credit under this subsection exceeds the roadway
impact fees for service units attributable to an owner's new development,
the credit shall be applied against the roadway impact fees for service
units attributable to each other new development of the owner that
is located on a tract of land that was contained in the same preliminary
plat of the new development for which the credit was granted.
(D)
Water
credit.
Any construction of, contributions to, or dedications
of water facilities that are system-related facilities and that are
agreed to or required by the City as a condition of development approval
shall be credited against assessed water impact fees. To the extent
that a credit under this subsection exceeds the water impact fees
for service units attributable to an owner's new development, the
credit shall be applied against the water impact fees for service
units attributable to each other new development of the owner that
is located on a tract of land that was contained in the same preliminary
plat of the new development for which the credit was granted.
(E)
Wastewater
credit.
Any construction of, contributions to, or dedications
of wastewater facilities that are system-related facilities and that
are agreed to or required by the City as a condition of development
approval shall be credited against assessed wastewater impact fees.
To the extent that a credit under this subsection exceeds the wastewater
impact fees for service units attributable to an owner's new development,
the credit shall be applied against the wastewater impact fees for
service units attributable to each other new development of the owner
that is located on a tract of land that was contained in the same
preliminary plat of the new development for which the credit was granted.
(F)
Credit
by agreement.
The City and the owner of a new development
may agree in writing that the owner may construct or finance system-related
facilities and that the costs incurred or funds advanced will be credited
against the impact fees otherwise due from the new development. The
City Manager is authorized to negotiate and execute such an agreement.
(G)
No
credit for rights-of-way or easements.
Rights-of-way
and easements are not included in the study, and no credit shall be
granted for the dedication of rights-of-way or easements. Rights-of-way
and easements are dedicated as required by the ordinances of the City,
necessitated by and attributable to a new development, and do not
exceed the amount required for infrastructure improvements that are
roughly proportionate to the new development.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
(A)
Impact
fees shall be collected at the time of issuance of a building permit.
(B)
For
a new development that received final plat approval before the effective
date:
1.
Impact
fees may not be collected on any service unit for which a valid building
permit is issued within one year after the effective date if the new
development is not a single-family home, a townhouse, or a duplex;
provided, however, that such a service unit shall be subject to the
collection of impact fees upon the submission of a subsequent application
for a building permit if the subsequent application is not submitted
and approved within one year after the effective date.
2.
Impact
fees may not be collected on any service unit for which a valid building
permit is issued within two years after the effective date if the
new development is a single-family home, a townhouse, or a duplex;
provided, however, that such a service unit shall be subject to the
collection of impact fees upon the submission of a subsequent application
for a building permit if the subsequent application is not submitted
and approved within two years after the effective date.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
To the extent that the City collects an impact fee for a service
unit that qualifies as affordable housing under 42 U.S.C. Section
12745, as amended, the City may refund the impact fee for such service
unit following completion of construction. An owner who seeks a refund
under this Section shall provide to the Director sufficient proof
that the service unit qualifies as affordable housing under 42 U.S.C.
Section 12745, as amended, before the City may issue the refund.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
(A)
Deposit of funds.
All funds collected through the adoption
of an impact fee 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 was adopted.
(B)
Interest.
Interest earned on impact fees is considered
funds of the account on which it is earned and is subject to all restrictions
placed on use of impact fees under Chapter 395 of the Texas Local
Government Code.
(C)
Expenditure of funds.
Impact fee funds may be spent
only for the purposes for which the impact fee was imposed as shown
by the capital improvements plan and as authorized by Chapter 395
of the Texas Local Government Code.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
(A)
Decisions subject to appeal.
An owner may, in accordance
with this Section, appeal the following decisions:
1.
The
applicability of an impact fee to the owner's new development;
2.
The
amount of an impact fee due;
3.
The
availability of, the application of, or the amount of a credit against
an impact fee due;
4.
The
amount of an impact fee due in proportion to the benefit of the services
for which the impact fee was assessed that are received by the new
development; or
5.
The
amount of any refund due.
(B)
Notice of appeal.
Within 30 days following the decision
being appealed, the owner shall submit to the City Manager a written
notice of appeal that states the basis for the appeal with particularity.
To the extent the owner relies on any studies or other documents as
evidence that the owner is entitled to relief, the owner shall submit
such studies and documents with the notice of appeal. If the notice
of appeal is accompanied by cash or a letter of credit issued by a
financial institution that has an office for presentment located in
in Midland, Texas, in an amount equal to the original determination
of the impact fee due, the building permit associated with the matter
being appealed may be issued while the appeal is pending.
(C)
Burden of proof.
The burden of proof shall be on the
owner to demonstrate that the owner is entitled to relief.
(D)
Resolution of appeal by the City Manager.
1.
Within
ten days of receipt of the notice of appeal, the City Manager shall
issue a written decision granting relief, granting partial relief,
or denying relief and shall send the decision to the owner by certified
mail, return receipt requested, or by e-mail if the owner's e-mail
address is provided on the notice of appeal or the building permit
application that gave rise to the matter being appealed. The City
Manager's written decision shall ask the owner to respond in writing
within ten days of the date of the written decision regarding whether
the owner agrees or disagrees with the City Manager's decision.
2.
Upon
issuing the written decision, the City Manager shall refer the appeal
to the City Council for a hearing. The owner shall be provided written
notice of the date, time, and location of the hearing.
3.
If
prior to the City Council hearing the owner agrees in writing with
the City Manager's written decision:
(a)
The appeal shall be considered resolved;
(b)
The City Manager's referral of the notice of appeal to the City Council
for a hearing shall be withdrawn;
(c)
To the extent that the City Manager's decision grants relief or partial
relief to the owner, the City Manager shall ensure that the owner
receives such relief or partial relief; and
(d)
To the extent that the City Manager's decision requires the owner
to pay an impact fee, the owner shall promptly pay the impact fee.
The owner's failure to pay the impact fee within five business days
after agreeing with the City Manager's decision shall serve as authority
for the City to present the letter of credit to the financial institution
for performance with no other or further notice or contact with the
owner.
(E)
Consideration of appeal by City Council.
1.
If
the owner disagrees in writing with the City Manager's written decision
or otherwise fails to agree in writing with the City Manager's written
decision, the City Council shall hold a hearing to consider the appeal
and shall act on the appeal within 60 days of the City Manager's receipt
of the notice of appeal.
2.
The
City Council shall act on the appeal by granting relief, granting
partial relief, or denying relief.
3.
To
the extent that the City Council grants relief or partial relief to
the owner, the City Manager shall ensure that the owner receives such
relief or partial relief.
4.
To
the extent that the City Council's action on the appeal requires the
owner to pay an impact fee, the owner shall promptly pay the impact
fee. The owner's failure to pay the impact fee within five business
days after the date of the City Council's action on the appeal shall
serve as authority for the City to present the letter of credit to
the financial institution for performance with no other or further
notice or contact with the owner.
5.
The
City Council's action on the appeal shall constitute the City's final
decision on the matter appealed.
(F)
Costs.
An owner shall bear all costs of the owner's
appeal under this Section.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
(A)
Failure to perform a duty.
1.
A
person who has paid an impact fee or an owner of land on which an
impact fee has been paid may submit to the City Manager a written
request for the City Council to determine whether the City has failed
to perform a duty imposed under Chapter 395 of the Texas Local Government
Code within the prescribed period. The written request must state
the nature of the unperformed duty and request that it be performed
within 60 days after the date of the request.
2.
The
City Council shall consider the request, and if the City Council finds
that the duty is required under Chapter 395 of the Texas Local Government
Code and is late in being performed, it shall cause the duty to commence
within 60 days after the date of the request and continue until completion.
(B)
Variance or waiver.
The City Council may grant a variance
or waiver from any requirement of this Chapter, upon written request
by an owner, following a public hearing, and only upon finding that
a strict application of such requirement would, when regarded as a
whole, result in confiscation or an unconstitutional taking of the
property.
(Ordinance 9960, sec. 2, adopted 8/13/2019)
