[HISTORY: Adopted by the City Council of the City of Collinsville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-11-2022 by Ord. No. 710-2022]
This article is intended to ensure the provision of adequate
public facilities to serve new development in the City and its extraterritorial
jurisdiction, where applicable, by requiring each development to pay
its share of the costs of such improvements necessitated by, and attributable
to, such new development.
Terms defined herein are specific to this article and shall
not be construed as conflicting with similar terms in other parts
of the City's Code of Ordinances.
The City of Collinsville Capital Improvements Advisory Committee,
together with ad hoc representatives as may be appointed from time
to time, to fulfill the composition mandated by Texas Local Government
Code § 395.058 to serve.
The determination of the amount of the maximum impact fee
per service unit which can be imposed on new development pursuant
to this article.
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:
A plan approved by the City Council that identifies capital
improvements or facility expansions for which impact fees may be assessed.
The City of Collinsville, Texas.
The City Administrator of the City of Collinsville, Texas,
or his or her designee.
The City Council of the City of Collinsville, Texas.
A system of man-made structures designed to collect, convey,
hold, divert or discharge stormwater, and include stormwater sewers,
canals, detention structures, and retention structures. This term
includes, but is not limited to, land, easements or structures associated
with such facilities. This term excludes site- related facilities.
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.
A charge or assessment imposed as set forth in this article
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:
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; or
Other pro rata fees for reimbursement of water or sewer mains
or lines extended by the political subdivision.
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.
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.
An owner of real property that is subject to this article,
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 pursuant to this article.
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.
For purposes of water and wastewater, the area within the corporate
boundaries and the extraterritorial jurisdiction of the City;
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; and
For purposes of drainage, the area within the corporate boundaries
and the extraterritorial jurisdiction of the City but shall not exceed
the area actually served by the drainage facilities designated in
the capital improvements plan and shall not extend across watershed
boundaries.
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. The service units for purposes of roadways,
water, wastewater, and drainage are more fully described in the study.
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, wastewater, or drainage
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.
Collectively, the roadway impact fee study, the water and
wastewater system impact fee study, and the storm drainage system
impact fee study that are on file in the office of the City Secretary.
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.
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.
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.
The study is hereby approved and adopted for all purposes consistent
with this article.
A.
Except as expressly provided herein, the provisions of this article
apply to all new nonexempt development within the corporate limits
and extraterritorial jurisdiction of the City, located within a service
area as allowed by law and this article. Notwithstanding any provisions
to the contrary in this article, impact fees for roadway facilities
shall not apply within the extraterritorial jurisdiction of the City.
B.
For those developments already platted before the effective date
of this article, the impact fees adopted by this article shall not
apply to any building permit issued within one year after the effective
date of this article. For those developments, the impact fees due
shall be based upon the applicable impact fee in effect prior to the
adoption of this article during that one-year period. Subsequent to
the passage of the one-year period, the impact fees due on previously
platted developments shall be based upon this article.
A.
Water system impact fee. A water system impact fee of $3,822.04 per
service unit shall be assessed and charged against new development
as set forth below.
B.
Wastewater (or sewer) system impact fee. A wastewater system impact
fee of $829.65 per service unit shall be assessed and charged against
new development as set forth below.
C.
Roadway and drainage system impact fee. A roadway and drainage system
impact fee of $2,645.84 per service unit shall be assessed and charged
against new development as set forth below.
|
Impact Fee Calculation Summary
| ||||
|---|---|---|---|---|
|
Capital Improvement Plan
(S)
|
2030 Projected New Meters
|
Calculated Impact Fee
(S)
|
Maximum Impact Fee
(S)
| |
|
Water system
|
$2,570,890.58
|
364
|
$7,644.07
|
$3,822.04
|
|
Sewer system
|
$1,337,962
|
364
|
$1,659.31
|
$829.65
|
|
Streets and drainage
|
$8,844,477.82
|
364
|
$2,645.84
|
$1,322.92
|
|
Total impact fee
|
$12,753,330.40
|
364
|
$11,949.22
|
$5,974.61
|
A.
The amount of each impact fee shall be determined by multiplying
the number of service units generated by the new development by the
impact fee per service unit for the service area using the chart below:
|
Service Unit Equivalencies
| |||||
|---|---|---|---|---|---|
|
Meter Size
(inches)
|
Equivalency Factor
|
Water
|
Sewer
|
Streets and Drainage
|
Total
|
|
3/4
|
1.00
|
$3,822.04
|
$829.65
|
$1,322.92
|
$5,974.61
|
|
1
|
1.67
|
$6,382.80
|
$1,385.52
|
$2,209.27
|
$9,977.60
|
|
1 1/2
|
3.33
|
$12,727.38
|
$2,762.75
|
$4,405.32
|
$19,895.45
|
|
2
|
5.33
|
$20,371.46
|
$4,422.06
|
$7,051.15
|
$31,844.67
|
|
3
|
10.00
|
$38,220.37
|
$8,296.54
|
$13,229.18
|
$59,746.09
|
|
4
|
16.67
|
$63,713.35
|
$13,830.33
|
$22,053.05
|
$99,596.73
|
|
6
|
33.33
|
$127,388.48
|
$27,652.37
|
$44,092.87
|
$199,133.72
|
B.
In determining the number of service units, the following rules shall
apply:
(1)
Each new freestanding building requires a new water meter, except as provided in Subsection B(2).
(2)
Where a site is redeveloped (clearance and reconstruction), no new
service units will be attributed to such redevelopment, provided that
the water meter is of the same size as the development previously
occupying the site. If the meter size is increased, the number of
new service units will be based upon the increase in capacity of the
meter.
(3)
Existing buildings or land uses may be expanded using existing meter
service. No service units will be attributed to such development if
the water meter size remains the same. If the meter size is increased,
the number of service units will be based upon the increase in capacity
of the meter.
(4)
In determining the number of service units for wastewater impact
fees, no service units will be attributed to irrigation meters.
(5)
If a new development does not require a water meter for water or
wastewater service or does not generate the need for water or wastewater
services, no service will be attributable to the development.
(6)
The service units for purposes of roadways, water, wastewater, and
drainage are more fully described in the study.
C.
The City shall compute the impact fees for a new development in the
following manner:
(1)
The amount of each impact fee shall be reduced by any allowable credits for that category of capital improvements, in the manner provided in § 695-8 of this article.
(2)
The total amount of the impact fees for the new development shall
be attached to the development application as a condition of approval.
(3)
The amount of each impact fee for a new development shall not exceed
an amount computed by multiplying the fee assessed per service unit
by the number of service units generated by the development.
(4)
Whenever the property owner proposes to increase the number of service
units for a development, the additional impact fees collected for
such new service units shall be collected at the times prescribed
by this article.
D.
Impact fees may be assessed but not collected for property where
service is not available unless:
(1)
The City commits to commence construction of necessary facilities
identified in the capital improvements plan within two years under
duly awarded and executed contracts or commitments of staff time covering
substantially all of the work required to provide service, and to
have service available within a reasonable period of time considering
the type of capital improvement or facility expansion to be constructed;
provided that such time does not exceed a maximum of five years; or
(2)
The City agrees, in writing, to permit the owner of the property
to construct or finance the capital improvement or facility expansion
and agrees that the costs incurred or funds advanced will either be
credited against the impact fees otherwise due from new development;
or reimburse through a pro rata agreement to the owner for such costs
from impact fees paid from other new developments that will use such
capital improvements or facility expansions, in which case fees shall
be collected and reimbursed to the owner at the time the other new
development plats are recorded; or the owner voluntarily requests
that the City reserve capacity to serve future development and the
owner enters into a valid written agreement with the City.
A.
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 article. Except as otherwise provided
in this article, no building permit shall be issued or utility connection
be made for single-family or other types of new development until
the owner has paid the applicable impact fees.
B.
Assessment of the impact fees for any new development shall be based
on the applicable impact fees per service unit. No specific act by
the City is required to assess impact fees.
C.
Following the lapse or expiration of approval for a plat, a new assessment
shall occur at the time of final approval for a new plat.
D.
"Infill" means filling in vacant parcels of land in existing developed
areas that already have existing streets, and water/wastewater service
and the redevelopment of constructing new development previously developed
parcels of land that already have existing streets, and water/wastewater
service. The amount of the fee for any service unit of or within new
development defined as "infill" shall be waived for parcels smaller
than three acres and zoned single-family. The amount of the fee shall
be prorated for parcels smaller than three acres and zoned multifamily
or nonresidential in accordance with their increased square footage.
It is expressly not the purpose of these waivers and pro rata rates
to allow for the subdivision of larger parcels of land to avoid impact
fees as specified.
A.
General credit. The City shall apply against assessed impact fees a credit equal to the portion of ad valorem tax and utility service revenues generated by new service units during the program period that is used for the payment of improvements, including the payment of debt, which are included in the capital improvements plan. The maximum impact fees after application of this credit are identified in § 695-5 of this article.
B.
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.
C.
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.
D.
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.
E.
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 Administrator is authorized to negotiate and execute such an
agreement.
F.
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.
To the extent that the City collects an impact fee for a service
unit that qualifies as affordable housing under 42 U.S.C. § 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 City Administrator sufficient
proof that the service unit qualifies as affordable housing under
42 U.S.C. § 12745, as amended, before the City may issue
the refund.
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 fees shall be spent only for the purposes for which the impact fee was imposed in accordance with the capital improvement plan and Chapter 395 of the Texas Local Government Code. Impact fees and the interest earned thereon for each service area may be used to finance or to recoup the costs of any capital improvements or facility expansions identified in the capital improvements plan for the service area, including but not limited to the construction contract price, surveying and engineering fees, and land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees). Impact fees may 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 facility expansions identified in the capital improvements plan. Impact fees may be used to pay fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant who is not an employee of the City for the preparation of or updating of a capital improvements plan.
D.
Expenses. Impact fees collected pursuant to this article shall not
be used to pay for any of the following expenses:
(1)
Construction, acquisition or expansion of capital improvements or
assets, or facility expansions other than those identified in the
applicable capital improvements plan;
(2)
Repair, operation, or maintenance of existing capital improvements
or facility expansions;
(3)
Upgrade, update, expansion or replacement of existing capital improvements
to serve existing development in order to meet stricter safety, efficiency,
environmental or regulatory standards;
(4)
Upgrade, update, expansion, or replacement of existing capital improvements
to provide better service to existing development; provided, however,
that impact fees may be used to pay the costs of upgrading, updating,
expanding or replacing existing capital improvements in order to meet
the need for new capital improvements generated by new development;
(5)
Administrative and operating costs of the City; or
(6)
Principal payments and interest or other finance charges on bonds
or other indebtedness, unless the improvement or expansion is identified
in the capital improvements plan and at the time of the pledge, the
City Council certifies in an ordinance or resolution that none of
the impact fees will be used or expended for an improvement or expansion
not identified in the capital improvements plan.
A.
The property owner or applicant for new development may appeal the
following administrative decisions of City staff to the City Administrator
and City Council in accordance with the procedures set forth in this
section:
(1)
The applicability of an impact fee to the development;
(2)
The amount of the impact fee due;
(3)
The availability of the amount of, or the expiration of, a credit;
(4)
The amount of the impact fee in proportion to the benefit received
by the new development; or
(5)
The amount of a refund due, if any.
B.
The burden of proof shall be on the property owner or applicant for
new development to demonstrate that relief should be granted by the
City.
C.
In order to file an appeal under this section, the owner must file
a written notice of appeal with the City Administrator within 30 days
following the decision appealed from. The City Administrator may resolve
the appeal without further action if the appellant agrees with the
City Administrator's decision. If the appellant does not agree
with the decision of the City Administrator, the appellant may appeal
the matter to the City Council for final decision. Upon appellant
request of Council review, the City Secretary shall schedule a public
hearing at which the appellant may present testimony and evidence
before the City Council. The Council shall act on the appeal within
90 days of receipt of the notice of appeal by the City.
D.
If the notice of appeal is accompanied by a payment in an amount
equal to the original determination of the impact fee due, the City
shall process and may issue a building permit if other requirements
are met while the appeal is pending.
E.
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 article 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 duty be performed within 60 days of the request. If the City Council determines that the duty is required pursuant to this article and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion. This subsection is not applicable to matters which may be appealed pursuant to Subsection A of this section.
A.
The City shall update its land use assumptions and capital improvements plans at least every five years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Government Code, Ch. 395, or in any successor statute.
B.
The City may review its land use assumptions, impact fees, capital improvements plans and other factors such as market conditions more frequently than provided in Subsection A to determine whether the land use assumptions and capital improvements plans should be updated and the impact fees recalculated accordingly, utilizing statutory update procedures.
C.
If, at the time an update is required pursuant to Subsection A, the City Council determines that no change to the land use assumptions, capital improvements plans or impact fees are needed, it may dispense with such update by following the procedures in Texas Local Government Code § 395.0575 or successor statute.
A.
Upon application, any impact fee or portion thereof collected pursuant
to this article which has not been expended within the service area
within 10 years from the date of payment shall be refunded to the
record owner of the property at the time the refund is paid for the
property for which the impact fee was 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 § 302.002
of the Texas Finance Code, or its successor statute. The application
for refund pursuant to this section shall be submitted within 60 days
after the expiration of the ten-year period for expenditure of the
fee. An impact fee shall be considered expended on a first-in, first-out
basis.
B.
An impact fee collected pursuant to this article shall also be considered
expended if the total expenditures for capital improvements or facility
expansions authorized within the service area within 10 years following
the date of payment exceeds the total fees collected within the service
area for such improvements or expansions during such period.
C.
If a refund is due pursuant to Subsection A or 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 assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner 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.
D.
If the building permit for a new development for which an impact
fee has been paid has expired, and a modified or new application has
not been filed within six months of such expiration, the City shall,
upon written application, rebate the amount of the impact fee to the
record owner of the property for which the impact fee was paid. If
no application for rebate pursuant to this subsection has been filed
within this period, no rebate shall become due.
A.
Impact fees established by this article 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 certificates of occupancy. Such fee is intended to be consistent
with and to further the policies of the City's comprehensive
land use plan, the capital improvements plan, the Zoning Ordinance,[1] 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 Article 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 Ordinance,
Subdivision Ordinance,[2] regulations or other ordinances or regulations of the
City, which shall be operative and remain in full force and effect
without limitation with respect to all such development.
C.
The maximum impact fee assessed per service unit, as set forth in
this article and as may be amended from time to time, hereby is declared
to be an approximate and appropriate measure of the impacts generated
by a new unit of development on the City's water or wastewater
system.
The City Council may grant a variance or waiver from any requirement
of this article, upon written request by an owner, following a public
hearing.
A.
The capital improvements plan and land use assumptions for the impact
fees adopted herein as recommended by the City of Collinsville Capital
Improvements Advisory Committee are hereby incorporated herein by
reference.
B.
The City Secretary will submit a written certification, signed by the Mayor, verifying compliance with Chapter 395 to the Attorney General each year, not later than September 30. The certification shall include the statement: "This statement certifies compliance with Chapter 395, Local Government Code."
C.
A record must be made and maintained of the public hearings conducted
as provided by this article and be made available for public inspection
for at least 10 years after the date of the hearing.
D.
This Article is adopted pursuant to V.T.C.A., Local Government Code, Chapter 395. 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 or in conjunction with this article. Guidelines may be developed by City Council resolution or otherwise to implement and administer this article.
