(a)
The assessment of the drainage impact fee for any new development
shall be based on the applicable drainage impact fees per stormwater
service unit in effect at the time of assessment. No specific act
by the city is required to assess the drainage impact fee.
(b)
For a new development which has received final plat approval before
the effective date, assessment of drainage 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 drainage impact fees shall
occur at the time of recordation of the final plat.
(d)
For land on which new development occurs or is proposed to occur
without platting, the city may assess the drainage impact fees at
any time during the development and building process.
(e)
After assessment of the drainage impact fees attributable to new
development or execution of an agreement for payment of drainage impact
fees, additional drainage impact fees or increases in fees may not
be assessed against the land unless the number of stormwater service
units to be developed on the tract increases. In the event of the
increase in the number of stormwater service units, the drainage impact
fees to be imposed are limited to the amount attributable to the additional
stormwater service units.
(Ordinance 838-21 adopted 9/14/21)
(a)
Drainage 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, impact fees may not be collected on any stormwater
service unit for which a valid building permit is issued within one
(1) year after the effective date.
(c)
Except as otherwise provided in this code, no building permit shall
be issued until the property owner has paid the applicable drainage
impact fee.
(Ordinance 838-21 adopted 9/14/21)
The director shall compute the drainage impact fees in the following
manner:
(1)
Except as otherwise provided in this section, the drainage impact
fee shall be calculated by multiplying the stormwater service unit
rate by the number of stormwater service units generated by the new
development, rounded to the nearest hundredth.
(2)
If the new development involves the alteration of existing structures,
new impervious surface or area created by such altered structure or
structures shall be converted to additional service units. If the
impervious surface for the new development exceeds the existing impervious
surface or area, the amount of the drainage impact fee due shall be
the number of additional service units, rounded to the nearest hundredth,
multiplied by the drainage impact fee per stormwater service unit
then in effect. If the impervious surface or area for the new development
is less than or equal to the existing impervious surface or area,
no impact fee is due.
(3)
The amount of each drainage impact fee due shall be reduced by any allowable adjustments in the manner provided in section 13.14.013 of this code.
(4)
If the property owner proposes to increase the number of service
units for development following payment of the drainage impact fee,
the additional drainage impact fees collected for such new service
units shall be determined in the same manner as provided in this section.
(Ordinance 838-21 adopted 9/14/21)
(a)
The director shall determine the number of service units generated
from a new development based on the information contained in the final
plat approval documents or building permit application along with
digital map data associated with tax plats and assessment rolls or
other similar, reliable data from independent sources authorized by
the director.
(b)
If the director determines that sufficient information is provided
along with the building permit application to demonstrate that no
drainage will ever flow off all or a significant portion of the property,
the director may approve an adjustment in the number of stormwater
service units. Before an adjustment is made, the property owner shall
covenant not to change the property to allow drainage to flow off
the property without first obtaining a building permit and paying
impact fees on any new development. The director may develop guidelines
to determine the amount of drainage that will flow off the property
and what constitutes a significant portion of the property.
(Ordinance 838-21 adopted 9/14/21)
(a)
A property owner may receive an offset pursuant to a development
agreement approved by the city, if:
(1)
The property owner constructs or finances a drainage facility included
in the drainage impact fee improvement plan;
(2)
The property owner does not receive reimbursement for the drainage
facility constructed or financed by the property owner;
(3)
The drainage facility serves only the city drainage system; and
(4)
The offset does not include on-site drainage for the property.
(b)
A drainage facility constructed for an offset pursuant to a development
agreement must be constructed within the drainage service area in
which the property is located. The offset may be associated with the
plat of the property that is to be served by the constructed or financed
drainage facility. The amount of the offset shall be determined pursuant
to rules established in this section. In no event shall the offset
allowable under this subsection exceed the amount of the drainage
impact fees due.
(c)
Any offset associated with new development shall be applied against
the drainage impact fee due at the time that the fee for the building
permit is collected.
(d)
Any offset provided under this section shall have no effect on on-site
drainage requirements associated with the property.
(Ordinance 838-21 adopted 9/14/21)
If the director determines that adequate capacity exists within the drainage system, a property owner within a drainage benefit area may voluntarily enter into a development agreement to connect to the drainage system. The director, with the approval of the city council, may authorize a development agreement to allow the property owner to construct facilities consistent with section 13.14.014 of this code, and any associated rules and guidelines, or pay charges equivalent to drainage impact fees. The drainage impact fee improvement plan, as amended in accordance with chapter 395 of the Local Government Code, shall account for the connections pursuant to development agreements under this section and shall include projections for voluntary connections to the drainage system from the drainage benefit area.
(Ordinance 838-21 adopted 9/14/21)
