As used in this article, the following words and terms shall have the meanings respectively ascribed:
Advisory committee.As defined by Chapter
2, Article
2.04, Division 6, Capital Improvements Advisory Committee, and in compliance with the requirements set by Texas Local Government Code §
395.
Area-related facility.A capital improvement or facility expansion which is designated in the impact fee capital improvements plan and which is not a site-related facility. Area-related facility may include a capital improvement which is located off-site or within or on the perimeter of the development site.
Assessment.The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this article.
Capital improvement.A water or wastewater facility, with a life expectancy of three (3) or more years, to be owned and operated by or on behalf of the city.
Credit.The amount of the reduction of an impact fee due, determined under this article or pursuant to administrative guidelines, that is equal to the value of area-related facilities provided by a property owner pursuant to the city’s subdivision or zoning regulations or requirements. Credit does not include a reduction in the amount of an impact fee due for payment of connection charges imposed pursuant to other city ordinances or for pro rata charges imposed pursuant to the city’s extension ordinances.
Final plat approval.The point at which the applicant has complied with all conditions of approval and the plat has been released for filing with the county, whichever is appropriate.
Impact fee.A fee for water or wastewater facilities imposed on new or expanded development by the city pursuant to this article in order to generate revenue to fund or recoup the costs of capital improvements or facility expansion necessitated by and attributable to such new development. Impact fees do not include a requirement for the dedication of rights-of-way or easements for such facilities, or a requirement for the construction of such improvements, imposed pursuant to the city’s zoning or subdivision regulations. Impact fees also do not include payment of connection charges imposed by city ordinances or payment of pro rata charges imposed by city ordinances. Impact fees do include the items allowable under Texas Local Government Code section
395.012.
Land use assumptions.The projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the city, as may be amended from time to time, upon which the capital improvements plans are based.
Land use equivalency table.A table converting water meters required by various land uses to numbers of service units, as may be amended from time to time.
New development.A project involving 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 has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the city’s subdivision regulations, the issuance of a building permit or connection to the city’s wastewater system, and which has not been exempted from these regulations by provisions herein or attached to the ordinance adopting this article.
Plat.Has the meaning given the term in the city’s subdivision regulations. Plat includes replat.
Platting.Has the meaning given the term in the city’s subdivision regulations. Platting includes replatting.
Property owner.Has the meaning given the term in the city’s subdivision regulations. Property owner includes the developer for the new development.
Recoupment.The imposition of an impact fee to reimburse the city for capital improvements which the city has previously oversized to serve new development.
Service area.The wastewater benefit area within the city and the city’s extraterritorial jurisdiction, within which impact fees for capital improvements or facility expansion will be collected for new development occurring within such area and within which fees so collected will be expended for those types of improvements or expansions identified in the type of capital improvements plan applicable to the service area.
Service unit.Either the average number of gallons of water consumed during an average day of the winter months by a new development that is equal to that used by a single-family dwelling unit at such time, or one (1) equivalent meter unit, which is the standardized measure of consumption of wastewater or water facilities equal to that consumed by a single-family dwelling unit utilizing a three-fourth-inch water meter, as indicated in the land use equivalency table (exhibit A) in section
A22.001 of the fee schedule in appendix
A of this code, and incorporated by reference herein, as may be amended from time to time, included in the impact fee capital improvements plan.
Site-related facility.An improvement or facility which is for the primary use or benefit of a new development and/or 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 impact fees capital improvements plan and for which the property owner is solely responsible under subdivision or other applicable regulations. Site-related facility 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.
Utility connection.Authorization to install a connection for connecting a new development to the city’s wastewater system.
Wastewater capital improvements plan.The adopted 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, 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 facilities fees pursuant to this article.
Wastewater facility.A wastewater interceptor or main, lift station or other facility comprising an integral component of the city’s collection system for wastewater. Wastewater facility includes land, easements or structures associated with such facilities. Wastewater facility excludes that portion of the wastewater line or main which is constructed by a developer, the costs of which are reimbursed from charges paid by subsequent users of the facilities. Wastewater facility excludes a site-related facility.
Wastewater facility expansion.The expansion of the capacity of any existing wastewater improvement for the purpose of serving new development but does not include the repair, maintenance, modernization or expansion of an existing sewer facility to serve existing development.
(Ordinance 08-O-54, sec. 4, adopted 1/12/2009; 2009 Code, sec. 10.03.003; Ordinance 20-O-03 adopted 1/27/2020; Ordinance 2026-O-010 adopted 5/13/2026)