This article is intended to ensure the provision of adequate
public drainage facilities to serve new development in the city by
requiring each such development to pay its pro rata share of the costs
of stormwater drainage capital improvements necessitated by and attributable
to such new development.
(Ordinance 838-21 adopted 9/14/21)
This article is adopted pursuant to chapter 395 of the Texas
Local Government Code. The provisions of this article shall not be
construed to limit the power of the city to utilize other methods
authorized under state law or pursuant to other city powers to accomplish
the purposes set forth herein, either in substitution for or in conjunction
with this article.
(Ordinance 838-21 adopted 9/14/21)
As used in this article, the following terms and phrases shall
have the following meanings:
means the determination of the amount of the stormwater service unit rate that may be imposed on new development pursuant to this article as determined at the time specified in section 13.14.010 of this code.
means with respect to buildings or premises within the corporate limits of the city, the general permit required by the construction codes adopted pursuant to section 3.03.001 of the Code of Ordinances.
means the City of Willow Park, Texas.
means the city council of the City of Willow Park, Texas.
means the city manager for the City of Willow Park, Texas
or designee.
means a credit equal to fifty (50) percent of the total projected
cost of implementing the drainage capital improvements plan as is
provided in the study.
means the department of public works for the City of Willow
Park.
means the director of the department of public works for
the City of Willow Park or designee.
means stormwater transported by or detained in features and
improvements, whether natural or man-made, such as streets, curbs,
bridges, catch basins, channels, conduits, creeks, culverts, detention
ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works,
and any appurtenances, that use force or gravity to draw off surface
water from land, carry the water away, collect, store, or treat the
water, or divert the water into natural or man-made watercourses.
means an area within the city’s extraterritorial jurisdiction
that may reasonably connect to the city’s drainage system.
means a drainage facility with a life expectancy of three
or more years, to be owned or operated by or on behalf of the city.
means the plan adopted by city council at least every ten
years, as may be amended from time to time, identifying the drainage
facilities and their associated costs, necessitated by and attributable
to new development, to be financed in whole or in part through drainage
impact fees imposed and collected pursuant to this article.
means an improvement to land designed or utilized, in whole
or part, for the purpose of collecting, storing, pumping or conveying
stormwater drainage, including an existing facility, the capacity
of which has been expanded to service new development. Drainage facility
includes land, roads, easements or structures and all appurtenances
associated with such facilities.
means a fee imposed by the city council on new development
to fund or reimburse the costs of stormwater drainage capital improvements
necessitated by and attributable to such new development. Drainage
impact fees do not include requirements for the dedication or construction
of rights-of-way or easements for such facilities, nor payment by
persons receiving service from a drainage facility of connection charges
imposed to reimburse a property owner for the costs of extending such
drainage facility.
means the area within the city’s corporate boundaries.
means the drainage and drainage facilities owned or controlled
in whole or in part by the city, including provisions for additions
to the system. Drainage system components, including but not limited
to streets, sidewalks, other dedicated improvements, and supporting
rights-of-way shall not be considered residential or nonresidential
property as defined herein.
means September 14, 2021.
means the point at which the applicant has complied with
all conditions of approval and the plat has been released for filing
with the county clerk of Parker County.
means any area that has been compacted or covered such that
it does not readily absorb water or does not allow water to percolate
through to undisturbed underlying soil strata. Surface materials considered
impervious shall include, but not be limited to, bricks, pavers, concrete,
asphalt, compacted oil-dirt, compacted or decomposed shale, oyster
shell, gravel, or granite, and other similar materials. Surface features
utilizing such materials and considered impervious shall include,
but not be limited to, decks, foundations (whether pier and beam or
slab), building roofs, parking and driveway areas, sidewalks, compacted
or rolled areas, paved recreation areas, swimming pools, and other
features or surfaces that are built or laid on the surface of the
land and have the effect of increasing, concentrating, or otherwise
altering water runoff so that flows are not readily absorbed.
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 stormwater service units.
means the amount of the reduction of a drainage impact fee,
determined under this article, that is equal to the value of a drainage
facility or portion thereof included in the drainage impact fee improvement
plan and is constructed or financed by a property owner without reimbursement
from other city funds.
means the plan or map of a subdivision to be filed for record
with the county clerk in the county in which the property is located.
Plat includes a replat but excludes a development plat.
means the owner in fee of a tract or parcel of land upon
which new development is to be located, or his authorized representative.
means 1,000 square feet of impervious surface or area rounded
to the nearest ten square feet for purposes of impact fee calculation.
means the drainage impact fee that the city charges per stormwater
service unit within the drainage service area.
means the 2020 Stormwater Impact Fee Study performed by the
city engineer, Jacob & Martin LLC and presented to the Willow
Park city council on December 8, 2020, which sets forth the capital
improvement plan, the land use assumptions and the basis for calculation
of the stormwater service unit rate, which is incorporated herein
as though set out in full and is on file in the city secretary’s
office.
(Ordinance 838-21 adopted 9/14/21)
(a)
The impact fees for stormwater drainage have been reviewed, evaluated,
and, after providing a credit as is required by chapter 395 of the
Local Government Code, are hereby adopted and approved and shall be
imposed against new development in order to generate revenues for
funding or recouping the costs of drainage facilities or drainage
capital improvements necessitated by and attributable to such new
development in the following rate: $34.74 per stormwater service unit.
(b)
Except as otherwise provided herein, each new development within
the city’s drainage service area shall pay a drainage impact
fee for drainage facilities necessitated by and attributable to that
development as provided in division 2 of this article. Drainage impact
fees shall be assessed against and collected from new development
on the basis of the number of stormwater service units in the drainage
service area in which the property is located.
(c)
The maximum drainage impact fee per stormwater service unit assessed
against a new development is provided in the drainage impact fee improvement
plan provided in the study. The stormwater service unit rates shall
never exceed the maximum drainage impact fee per stormwater service
unit.
(d)
The city council may amend drainage impact fees to be collected from
new developments without amending the stormwater service unit rates
or drainage impact fee improvement plan adopted herein, so long as
the impact fees to be collected do not exceed the maximum drainage
impact fees per stormwater service unit that may be assessed for such
facilities.
(e)
The study is hereby approved by the city council and is incorporated
herein as though set out in full.
(Ordinance 838-21 adopted 9/14/21)
(a)
The department shall keep, update, and make available to the public
maps of the drainage service area. The drainage service area may be
amended from time to time as part of a new or amended drainage impact
fee improvement plan. When the city’s corporate limits are altered
by annexation, the land so annexed shall become part of the drainage
service area.
(b)
At the time of assessment, the director shall determine the appropriate
drainage service area for the new development based on the developer’s
application and the map(s) attached to the most recent land use assumptions
adopted by city council.
(Ordinance 838-21 adopted 9/14/21)
