This division shall be known and cited as the “water and wastewater impact fee division.”
(Ordinance 1001-02, sec. 1, adopted 10/28/02)
This division is intended to impose water and wastewater impact fees, as established in this division, in order to finance public facilities, the demand for which is generated by new development in the designated service area or areas.
(Ordinance 1001-02, sec. 2, adopted 10/28/02)
The city is authorized to enact this division by chapter 395 of the Texas Local Government Code, as amended, (“chapter 395”) which authorizes it to enact or impose impact fees on land within its corporate boundaries or extraterritorial jurisdiction, or on land owned by persons with whom it has a water or wastewater service contract, as charges or assessments imposed 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 such new development. The provisions of this division shall not be construed to limit the power of the city to adopt such ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this division. Guidelines may be developed by resolution or otherwise to implement and administer this division.
(Ordinance 1001-02, sec. 3, adopted 10/28/02)
As applied in this division, the following words and terms shall be used:
The levying or charging of the approved impact fee per service unit which can be imposed on new development pursuant to this division.
Written permission issued by the city for the construction, repair, alteration or addition to a structure. Written permission herein shall refer to either a building permit or a plumbing permit which is associated with an increase in meter units equivalent on the property.
Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney’s fees, and expert witness fees), interest charges and other finance costs for bonds, notes or other obligations issued to finance capital improvements identified in the capital improvement plan and not used to reimburse bond funds expended for facilities that are not identified in the capital improvements plan, and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the city.
The plan or plans adopted in section 10.03.039 of this division which identify wastewater collection and treatment and water supply, pump and storage facilities capital improvements or facility expansions pursuant to which impact fees may be assessed. The capital improvement plan may be composed of a separate water and wastewater capital improvement plan.
Advisory committee, appointed by the city council, consisting of the five (5) voting members of the planning and zoning commission, plus one (1) ad hoc voting member (industry representative) who is not an employee of the city and who is a representative of the real estate, development, or building industry (residency not required), plus one (1) ad hoc voting member (ETJ representative) who is a representative of the extraterritorial jurisdiction area; which committee is appointed to regularly review and update the capital improvement plan in accordance with the requirements of chapter 395.
City of Haslet
Governing body of the city.
For the purposes of this division, all development which is neither residential nor industrial.
The amount of the reduction of an impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed.
All development within the service area which has a water or wastewater tap on the city’s water or wastewater system, as of the date of the adoption of this division (ordinance adopted October 28, 2002).
The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development.
The map, drawing or chart meeting the requirements of the city’s subdivision ordinance on which is provided a subdivider’s plan of a subdivision, and which has received final approval by the planning and zoning commission or city council and which is recorded with the office of the county clerk. A final plat shall not include an amended plat which does not show any lots in addition to those on the original plat.
Fee to be imposed upon new development, calculated based upon the costs of facilities in proportion to development creating the need for such facilities. Impact fees do 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 site-related water distribution or wastewater collection facilities or internal roadways required by other ordinances of the city code; or lot or acreage fees placed in trust funds for the purpose of reimbursing developers for overriding or constructing water or wastewater mains or lines; or participation fees charged as part of the neighborhood sewer program.
Development which will be assigned to the industrial customer class of the water or wastewater utilities; generally development in which goods are manufactured, or development which is ancillary to such manufacturing activity.
Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a 10-year period, adopted by the city, as may be amended from time to time, upon which the capital improvement plan is based.
The comprehensive long-range land use plan, adopted by the city council, which is intended to guide the growth and development of the city regarding land use.
Basis for establishing equivalency among and within various customer classes and land uses. For water and wastewater uses, a MUE is based upon the relationship of the continuous daily maximum flow rate in gallons per minute for a water meter of a given size and type and to the continuous daily maximum flow rate in gallons per minute for a 5/8" x 5/8" and 5/8" x 3/4" diameter simple water meter, using American Water Works Association C700–C703 standards.
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 for water or wastewater service or requires the purchase of a new water or wastewater tap. New development includes the purchase of a water tap resulting from the conversion of an individual well to the city’s water utility and includes the purchase of a wastewater tap resulting from the conversion of an individual septic or other individual waste disposal system to the city’s wastewater utility.
The amount of the reduction of an impact fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the city’s subdivision regulations or requirements.
Public works director of the city or his designee.
A lot developed for use and occupancy as a residence or residences, according to the city’s zoning ordinance.
An area defined in this division within the corporate boundaries or extraterritorial jurisdiction of the city or other areas served by the city for water and wastewater facilities to be served by the capital improvements or facility expansions specified in the capital improvement plan.
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 units for water and wastewater impact fees are expressed in meter unit equivalents (MUE’s).
Improvement or facility which is for the primary use or benefit of a new development and which is for the primary purpose of safe and adequate provision of water or wastewater facilities to serve the new development, and which is not included in the capital improvements plan, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations.
A capital improvement or facility expansion which is designated in the capital improvement plan and which is not a site-related facility. A system-related facility may include a capital improvement which is located offsite, within or on the perimeter of the development site.
The filing with the city of a written application for a water or wastewater tap and the acceptance of applicable fees by the city.
Improvement for providing wastewater collection and treatment service, including, but not limited to, treatment facilities, lift stations, or interceptor mains and necessary land or easements therefor. Wastewater facility excludes wastewater collection lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Wastewater facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site wastewater collection facilities required by valid ordinances of the city and necessitated by and attributable to the new development.
Expansion of the capacity of any existing wastewater facility for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development.
Portion of the capital improvement plan, as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this division.
Improvement for providing water service, including, but not limited to, water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains and necessary land or easements therefor. Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the city and necessitated by and attributable to the new development.
Expansion of the capacity of any existing water facility for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development.
Portion of the capital improvement plan, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this division.
(Ordinance 013-2010, sec. 1, adopted 4/5/10; Ordinance 040-2019, sec. 3, adopted 12/9/19; Ordinance 1001-02, sec. 4, adopted 10/28/02)
(a)
This division shall be uniformly applicable to new development which occurs within the corporate limits of the city and its extraterritorial jurisdiction, and other areas served by the city’s water and wastewater facilities.
(b)
No new development shall be exempt from the assessment of impact fees as defined in this division.
(Ordinance 1001-02, sec. 5, adopted 10/28/02)
No application for new development shall be approved within the city without assessment of impact fees pursuant to this division, and no water and wastewater tap shall be issued and no building permit shall be issued unless the applicant has paid the applicable impact fees imposed by and calculated hereunder.
(Ordinance 1001-02, sec. 6, adopted 10/28/02)
(a)
Service areas for water and wastewater impact fees are hereby established as depicted in appendix D to the report entitled “2009 Water and Wastewater Impact Fee Program” dated November 2009 as revised March 3, 2010 by Belcheff & Associates, Inc., hereinafter referred to as “the report” as attached to Ordinance 013-2010, and replace the service areas previously codified in this section.
(b)
The service areas shall be established consistent with any facility service area defined in the C.P. for each utility or facility. Additions or revisions to the service areas may be approved by the city council consistent with the procedures set forth in chapter 395.
(Ordinance 1001-02, sec. 7, adopted 10/28/02; Ordinance 013-2010, sec. 2, adopted 4/5/10)
The land use assumptions used in the development of the impact fees, as depicted in section 2 of the report attached to Ordinance 013-2010, are hereby adopted, and replace the land use assumptions previously codified in this section. These assumptions may be revised by the city council according to the procedures set forth in chapter 395.
(Ordinance 013-2010, sec. 3, adopted 4/5/10)
(a)
The capital improvement plan for the city is hereby adopted as two separate components, the water capital improvement plan and the wastewater capital improvement plan which are depicted in section 4 of the report attached to Ordinance 013-2010, and replace the capital improvement plans previously codified in this section.
(b)
The water and wastewater capital improvement plan may be amended by the city council from time to time, pursuant to the procedures set forth in chapter 395.
(Ordinance 1001-02, sec. 9, adopted 10/28/02; Ordinance 013-2010, sec. 4, adopted 4/5/10)
(a)
Service units are established in accordance with generally accepted engineering and planning standards. Service units for water and wastewater impact fees are expressed in meter unit equivalents (MUE’s).
(b)
The city council may revise the service units designation according to the procedures set forth in chapter 395.
(c)
Water and wastewater service units.
Service units for water and wastewater fees shall be calculated based on meter unit equivalents as determined by the size of the water meter(s) for the development. The meter types used to calculate the number of MUE’s shall be simple displacement, compound displacement or turbine meters.
(d)
The meter unit equivalents used for the calculation of water and wastewater impact fees are set forth in table 6.3 “meter unit equivalency factors” of the report attached to Ordinance 013-2010, and replace the meter unit equivalents previously codified in this section.
(e)
If the public works director determines that the water pressure in the city’s transmission main is significantly higher or lower than standard pressure such that the size of the water meter is not indicative of actual service demand, the public works director may adjust the number of MUE’s based on a smaller or larger sized meter which more accurately reflects the flow rate and typical system pressure conditions.
(f)
If fire flow demand (tap) is requested for a property, no meter will be physically required to be installed for property within the city limits; however, for property located in the city’s extraterritorial jurisdiction, a fire flow meter is required to be installed at a fee, including the tap fee, as established in the city fee schedule, and the city will charge for such water usage. No water MUE’s/impact fees will be charged against the fire flow demand for property within the city limits; however, water MUE’s/impact fees will be charged against the fire flow demand for property located in the city’s extraterritorial jurisdiction. No wastewater MUE’s/impact fees will be charged against the fire flow demand request that does not contribute to the facility’s wastewater flow.
(g)
Upon wastewater tap purchase for lots for which no water meter has been purchased, service units shall be calculated based on a 5/8" x 5/8" and 5/8" x 3/4" water meter unless other data is submitted by a professional engineer licensed in the state, which is reviewed and approved by the public works director.
(h)
The public works director or the city council may approve an alternative calculation of meter unit equivalents for a particular development based upon an engineering report prepared by a qualified professional engineer licensed to perform such engineering services in the state which demonstrates that the number of MUE’s for the development will be different than shown in the report.
(i)
City of Fort Worth water impact fees currently in effect at the time of city impact fee assessment shall be calculated and charged upon water tap purchase in addition to city impact fees described herein in accordance with this division.
(Ordinance 1001-02, sec. 10, adopted 10/28/02; Ordinance 013-2010, sec. 5 adopted 4/5/10; Ordinance 014-2021 adopted 11/8/21)
(a)
Computation.
The maximum impact fee per service unit for each service area shall be computed by subtracting fifty percent (50%) of the total projected cost of implementing the capital improvement plan from the capital construction cost in the capital improvement plan for that category of capital improvements, and dividing that amount by the growth-related capital construction cost of service in the service area identified in the capital improvement plan for that category of capital improvement, by the total number of projected service units anticipated within the service area which are necessitated by and attributable to new development, based on the land use assumptions for that service area. Maximum assessable impact fees per service unit for each service area shall be established by category of capital improvements and shall be set forth in the maximum impact fee determination by service unit for water and wastewater as listed in table 6.6(b) of the report attached to Ordinance 013-2010, and shall replace the maximum assessable impact fees previously codified in this section. The total impact fee assessed per service unit shall be a combination of the water and wastewater impact fees. Said maximum assessable impact fees may be amended by the city council according to the procedures set forth in chapter 395.
(b)
Collection rate.
(1)
The amount of impact fees collected within a development shall be 40% of the maximum city water impact fee allowable and 100% of the maximum city wastewater impact fee allowable as listed in table 6.6(b) of the report attached to Ordinance 013-2010 on the date that impact fees are assessed on the property, and shall replace the amount of impact fees collected previously codified in this section.
(2)
The total impact fees collected per service unit shall be a combination of the water impact fees, wastewater impact fees and City of Fort Worth water impact fees.
(Ordinance 013-2010, sec. 6, adopted 4/5/10)
(a)
The approval of any subdivision of land or of any new development shall include as a condition the assessment of the impact fees applicable to such development.
(b)
Assessment of impact fees for any new development shall be at the time of recordation of the final plat and shall be the impact fee per service unit then in effect, as set forth in section 10.03.041.
(1)
Where a final plat is approved after the effective date of Ordinance No. 013-2010 (April 5, 2010) for a development which had applied for such approval prior to the effective date of the impact fee ordinance amendments dated April 5, 2010, impact fees shall be assessed at the rate in effect on the date of application.
(2)
For a development which received final plat approval prior to adoption of impact fees by the city, or for which no plat approval is required, assessment of impact fees shall be at the time of water or wastewater tap purchase in the amount set forth in section 10.03.041.
(3)
After a development has been assessed impact fees under this section or any prior ordinances, no new impact fee shall be assessed against that development unless:
(4)
For purposes of this section, a final plat shall not include an amended plat submitted under the city’s subdivision ordinance that does not increase the number of lots on the plat being amended.
(Ordinance 013-2010, sec. 7, adopted 4/5/10; Ordinance 010-2018 adopted 5/21/18)
(a)
Following a request for a building permit, water or wastewater tap purchase for new development, the city shall compute water and wastewater impact fees due for the new development in the following manner:
(2)
MUE’s shall be summed for all meters purchased for the development.
(3)
The total number of MUE’s shall be multiplied by the impact fee per MUE (5/8" x 5/8" and 5/8" x 3/4" water meter) set forth in section 10.03.041.
(4)
As an alternative to the inclusive 50% credit accounted for by the fees as set forth in table 6.6(b) of the report attached to Ordinance No. 013-2010, a developer may request fee credits and offsets which may be considered to be subtracted as determined by the process set forth in section 10.03.045 of this division.
(b)
The value of each impact fee due for a new development shall not exceed a value computed by multiplying the fee assessed per service unit pursuant to section 10.03.042 by the number of service units generated by the development.
(c)
Separate impact fees shall be calculated for water and wastewater service.
(Ordinance 1001-02, sec. 13, adopted 10/28/02; Ordinance 013-2010, sec. 8, adopted 4/5/10)
(a)
No building permit, water or wastewater tap shall be issued until all impact fees have been paid to the city except as provided otherwise by contract.
(b)
Except as provided below, impact fees shall be collected at the time of the issuance of the building permit for new development, or if no building permit is required, at the time of tap purchase.
(c)
The city may provide for a different date of fee collection under any of the following circumstances:
(1)
The city may collect impact fees at the time of platting for any development which will utilize capital improvements which are subject to pro rata reimbursement.
(2)
The city may defer collection of impact fees to a later date where service for which the fee is assessed will not be available within a reasonable period of time.
(3)
The city may, at its sole discretion, enter into contracts with the owners of tracts of land for which a plat has been recorded to establish a different date and method of payment of the impact fees.
(Ordinance 1001-02, sec. 14, adopted 10/28/02)
(a)
The city may offset the present value of any system-related facilities, pursuant to rules established in this section, which have been dedicated to and have been received by the city, including the value of rights-of-way, capital improvements constructed pursuant to an agreement with the city, against the value of the impact fee due for that category of capital improvement.
(b)
All offsets and credits against impact fees shall be subject to the following limitations and may be granted based on this division and additional standards promulgated by the city, which may be adopted as administrative guidelines.
(1)
No offset or credit shall be given for the dedication or construction of site-related facilities unless such facilities are identified in the capital improvement plan as eligible for impact fee funding.
(2)
The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the capital improvement plan for the category of facility within the service area for which the impact fee is imposed.
(3)
If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of plat filing or within such period as may be otherwise designated by contract, such offset or credit shall expire.
(4)
The city will not reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this division or for any value exceeding the total impact fees due for the development for that category of capital improvement, unless otherwise agreed to by the city.
(c)
An applicant for new development must apply for an offset or credit against impact fees due for the development either at or before the time of fee assessment, unless the city agrees to a different time. The applicant shall file a petition for offsets or credits with the city on a form provided for such purpose. The contents of the petition shall be established by administrative guidelines. The city must provide the applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or credit which may be applied against an impact fee, which value and the date of the determination shall be associated with the plat for the new development.
(d)
The available offset or credit associated with the plat shall be applied against an impact fee in the following manner:
(1)
Such offset or credit shall be prorated equally among all service units, as calculated in section 10.03.040 and remain applicable to such service units, to be applied at time of filing and acceptance of an application for a building permit or tap purchase, as appropriate, against impact fees due.
(2)
If the total number of service units used by the city in the original offset or credit calculation described in subsection (1) is eventually exceeded by the number of total service units realized by the actual development, the city may, at its sole discretion, collect the full impact fee exclusive of any associated offset or credits for the excess service units.
(e)
At its sole discretion, the city may authorize alternative credits or offsets upon petition by the owner in accordance with guidelines promulgated by the city.
(Ordinance 1001-02, sec. 15, adopted 10/28/02)
(a)
The city shall establish separate interest bearing accounts, in a bank authorized to receive deposits of city funds, for water and wastewater impact fees.
(b)
Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds authorized in section 10.03.047.
(c)
The city shall maintain and keep adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in section 10.03.047. 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 division; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account.
(d)
The city shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for all monies received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of uses specified in the capital improvement plan as system-related capital projects. The city shall also maintain such records as are necessary to ensure that refunds are appropriately made under the provision in section 10.03.049 of this division, and such other information as may be necessary for the proper implementation of this division.
(Ordinance 1001-02, sec. 16, adopted 10/28/02)
(a)
The impact fees collected pursuant to this division may be used to finance or to recoup capital construction costs of service. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvements or facilities expansions.
(b)
Impact fees collected pursuant to this division shall not be used to pay for any of the following expenses:
(1)
Construction, acquisition or expansion of capital improvements or assets other than those identified for the appropriate facility in the capital improvement plan;
(2)
Repair, operation, or maintenance of existing or new capital improvements or facilities expansions;
(3)
Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
(4)
Upgrading, expanding or replacing existing capital improvements to provide better service to existing development; provided however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or
(5)
Administrative and operating costs of the city.
(Ordinance 1001-02, sec. 17, adopted 10/28/02)
(a)
The property owner or applicant for new development may appeal the following decisions of the public works director to the city council:
(1)
The applicability of an impact fee to the development;
(2)
The calculation of applicable service units attributable to the development;
(3)
The value of the impact fee due;
(4)
The availability or the value of an offset or credit;
(5)
The application of an offset or credit against an impact fee due;
(b)
An appeal to the city council must be filed by the applicant with the city secretary within thirty (30) days following the public works director’s decision. The city council shall hear the appeal within 45 days of receipt by the city secretary. Notice of the hearing shall be mailed to the applicant at least seven (7) days prior to the hearing.
(c)
At the hearing, the city council shall consider all relevant evidence and shall allow testimony from the applicant, city personnel and other interested persons relevant to the appeal. The hearing may be continued from time to time.
(d)
The burden of proof shall be on the appellant to demonstrate that the fee is not applicable or that the determination of service units or the value of the fee or of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established in this division. The applicant shall submit an engineering report prepared by a qualified professional engineer licensed to perform such engineering services in the state, which demonstrates that the applicant’s burden has been met.
(e)
Following the hearing, the city council shall consider all relevant evidence and determine whether the appeal should be granted (in whole or in part) or denied.
(f)
If the appeal is accompanied by a bond or other sufficient security satisfactory to the city attorney in an amount equal to the original determination of the impact fee due, the development application or tap purchase or building permit issuance may be processed while the appeal is pending.
(Ordinance 1001-02, sec. 18, adopted 10/28/02)
(a)
Any impact fee or portion thereof collected pursuant to this division which has not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in section 302.002, Texas Finance Code or any successor statute.
(b)
If a refund is due pursuant to subsection (a), the city shall prorate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner or governmental entity 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 upon that amount.
(c)
Upon completion of all the capital improvements or facilities expansions identified in the capital improvements plan upon which the fee was based, the city shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the city shall refund the difference, if such difference exceeds the impact fee paid by more than ten percent (10%). The refund to the record owner or governmental entity shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.
(d)
Upon the request of an owner of the property on which a water or wastewater impact fee has been paid, the city shall refund such fees if:
(1)
Existing service is available and service is denied;
(2)
Service was not available when the fee was collected and the city has failed to commence construction of facilities to provide service within two years of fee payment; or
(3)
Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event later than five years from the date of fee payment.
(e)
The city shall refund an appropriate proportion of water impact fee payments in the event that a previously purchased water meter is replaced with a smaller meter, based on the MUE differential of the two meter sizes and the per-MUE fee at the time of the original fee payment, less an administrative charge as specified in the city’s fee schedule in appendix A to this code.
(f)
Petition for refunds shall be submitted to the public works director on a form provided by the city for such purpose. Within one month of the date of receipt of a petition for refund, the public works director must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the public works director shall notify the city secretary and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the council, as set forth in section 10.03.048.
(Ordinance 1001-02, sec. 19, adopted 10/28/02)
The city shall review the land use assumptions and capital improvement plan for water and wastewater facilities at least every five years, the first five-year period to commence from the date of adoption of the capital improvement plan referenced herein. The city council shall accordingly then make a determination of whether changes to the land use assumptions, capital improvement plan or impact fees are needed and shall, in accordance with the procedures set forth in chapter 395, either update the fees or make a determination that no update is necessary.
(Ordinance 1001-02, sec. 20, adopted 10/28/02)
(a)
The functions of the advisory committee are those set forth in chapter 395 and shall include the following:
(1)
Advise and assist the city in adopting land use assumptions;
(2)
Review the capital improvement plan regarding water and wastewater capital improvements and file written comments thereon;
(3)
Monitor and evaluate implementation of the capital improvement plan;
(4)
Advise the city of the need to update or revise the land use assumptions, capital improvement plan and impact fees; and
(5)
Submit to the city council a semiannual report evaluating the progress of the city in achieving the capital improvement plan and identifying any problems in implementing the plan or administering the impact fees.
(b)
The city shall make available to the advisory committee any professional reports prepared in the development or implementation of the capital improvement plan.
(c)
The city council may adopt procedural rules for the committee to follow in carrying out its duties.
(d)
The committee will have five (5) voting members of the planning and zoning commission, plus one (1) ad hoc voting member (industry representative) who is not an employee of the city and who is a representative of the real estate, development, or building industry (residency not required), plus one (1) ad hoc voting member (ETJ representative) who is a representative of the extraterritorial jurisdiction area.
(e)
A quorum of the CIAC shall be four (4) members and a majority of the quorum must be planning and zoning commission members.
(f)
The members of the planning and zoning commission shall be numbered place 1–place 5. Members shall serve 2-year terms. Members serving in odd-numbered places will be appointed in odd-numbered years, and members serving in even-numbered places will be appointed in even-numbered years. The industry representative shall be considered place 6, and the ETJ representative shall be place 7.
(g)
The commissioner serving as chair of the planning and zoning commission will serve as chair of the CIAC and the vice-chair of P&Z will serve as vice-chair of CIAC.
(h)
Unless removed by city council, the current members of the CIAC will continue to serve after the passage of this section until their current terms expire.
(Ordinance 1001-02, sec. 21, adopted 10/28/02; Ordinance 020-2010, sec. II, adopted 5/17/10; Ordinance 040-2019, sec. 4, adopted 12/9/19)
(a)
The city council may authorize the owner of a new development to construct or finance some of the public improvements identified in the capital improvement plan. In the case of such approval, the property owner must enter into an agreement with the city prior to collection of impact fees. The agreement shall be on a form approved by the city, and shall establish the estimated cost of the improvements, the schedule for initiation and completion of the improvements, a requirement that the improvements shall be completed to city standards, and any other terms and conditions the city deems necessary. The public works director shall review the improvement plan, verify costs and time schedules, determine if the improvements are contained in the C.P., and determine the method and timing of reimbursing the owner for construction costs from impact fee or other revenues. The amount of the applicable credit for such improvement to be credited to the otherwise applicable impact fee shall be calculated before submitting the proposed agreement to the city council for approval.
(b)
The city and such owner either may agree that the costs incurred or funds advanced will be credited against the impact fees otherwise due from the new development, or they may agree that the city shall reimburse the owner for such costs from impact fees paid from other new developments which will use such capital improvements or facility expansions.
(Ordinance 1001-02, sec. 22, adopted 10/28/02)
(a)
The city may finance water and wastewater capital improvements or facilities expansions designated in the capital improvement plan through the issuance of bonds, through the formation of public improvement districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees.
(b)
Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property.
(Ordinance 1001-02, sec. 23, adopted 10/28/02)
(a)
Impact fees established by this division are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land or the issuance of building permits or the sale of water or wastewater taps or the issuance of certificates of occupancy. Such fees are intended to be consistent with and to further the policies of city’s master plans, capital improvement plan, 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)
This division shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations of the city, which shall be operative and remain in full force and effect without limitation with respect to all such development.
(Ordinance 1001-02, sec. 24, adopted 10/28/02)
(a)
Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the city council to determine whether any duty required by this division has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be performed within sixty (60) days of the request. If the city council determines that the duty is required pursuant to this division and is late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion.
(b)
The city council may grant a variance or waiver from any requirement of this division, upon written request by a developer or owner of property subject to this division, following a public hearing, upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property.
(Ordinance 1001-02, sec. 25, adopted 10/28/02)
The city shall submit a written certification verifying compliance with chapter 395 to the attorney general not later than September 30th of each year. The certification shall be signed by the mayor and include the statement: “this statement certifies compliance with chapter 395, Local Government Code.”
(Ordinance 1001-02, sec. 26, adopted 10/28/02)
Ordinance 9-98 shall remain applicable to the assessment and collection of impact fees on properties that are not subject to the assessment and collection of impact fees under this division.
(Ordinance 1001-02, sec. 27, adopted 10/28/02)