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 904-24 adopted 5/14/2024)
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 904-24 adopted 5/14/2024)
Assessment.
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
13.13.010 [13.13.006] of this code.
Building permit.
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
3.02.001 of the Code of Ordinances.
City.
The City of Willow Park, Texas.
City council.
The city council of the City of Willow Park, Texas.
City manager.
The city manager for the City of Willow Park, Texas or designee.
Credit.
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.
Department.
The department of public works for the City of Willow Park.
Director.
The director of the department of public works for the City
of Willow Park or designee.
Drainage.
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.
Drainage benefit area.
An area within the city's extraterritorial jurisdiction
that may reasonably connect to the city's drainage system.
Drainage capital improvement plan or drainage impact fee improvement
plan.
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.
Drainage facility.
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.
Drainage impact fee.
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.
Drainage system.
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.
Impervious surface or area.
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.
New development.
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.
Offset.
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.
Plat.
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.
Property owner.
The owner in fee of a tract or parcel of land upon which
new development is to be located, or his authorized representative.
Stormwater service unit.
1,000 square feet of impervious surface or area rounded to
the nearest ten square feet for purposes of impact fee calculation.
Study.
The 2020 stormwater impact fee study performed by the city
engineer, Jacob & Martin LLC and presented to the 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 904-24 adopted 5/14/2024)
(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. Impact fees shall be set by the city council.
(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 904-24 adopted 5/14/2024)
(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 904-24 adopted 5/14/2024)
(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 904-24 adopted 5/14/2024)
(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 904-24 adopted 5/14/2024)
The director shall compute the drainage impact fees in the following
manner:
(a)
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.
(b)
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.
(c)
The amount of each drainage impact fee due shall be reduced by any allowable adjustments in the manner provided in section
13.13.009 of this code.
(d)
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 904-24 adopted 5/14/2024)
(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 904-24 adopted 5/14/2024)
(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 904-24 adopted 5/14/2024)
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
13.13.012 [13.13.010] 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 904-24 adopted 5/14/2024)
(a)
All drainage impact fees collected within the drainage service area shall be deposited in a dedicated fund to which interest is allocated. All such amounts, together with all interest earned thereon, shall be used solely for the purposes set forth in subsection
(b).
(b)
The drainage impact fees collected pursuant to this article
shall be used to finance or recoup the costs of any drainage impact
fee improvements identified in the drainage impact fee improvement
plan for the applicable drainage service area, including but not limited
to the construction contract price, surveying and engineering fees,
land acquisition costs (including land purchases, court awards and
costs, attorneys' fees, and expert witness fees) and fees paid
to an independent qualified engineer or financial consultant for preparing
or updating the drainage impact fee improvement plan.
(c)
Disbursement of funds shall be authorized by the department
at such times as are reasonably necessary to carry out the purposes
intended by this article; provided, however, that funds shall be expended
within a reasonable period of time, but not to exceed ten years from
the date drainage impact fees are deposited in the fund.
(d)
An owner of property for which a drainage impact fee has been
paid is entitled to a refund for all or a portion of the fee in the
following circumstances:
(1)
The city denies service to the property on which the impact
fees were paid; and
(A) The city has the drainage facilities to provide
service to the property;
(B) The city has not constructed the drainage facilities
within five years of the date the impact fees were collected; or
(C) The city has not spent the impact fees within ten
years of the date the impact fees were collected.
(2)
After receiving a completed application for an impact fee refund,
the department shall issue a refund to the record property owner.
The refund shall include interest calculated from the date of collection
to the date of refund at the statutory rate provided in Texas Local
Government Code section 395.024, or its successor statute. A drainage
impact fee shall be considered expended on a first-in, first-out basis.
(3)
If a refund is due pursuant to paragraph (2), the department
shall divide the difference between the amount of expenditures and
the amount of the fees collected by the total number of stormwater
service units for which drainage impact fees have been paid within
the service area for the period to determine the refund due per service
unit. The refund to the owner shall be calculated by:
(A) Multiplying the refund due per stormwater service
unit by the number of stormwater service units of the development
for which the fee was paid; and
(B) Determining interest due based on the amount calculated under subsection
(d)(3)(a).
(4)
Upon completion of all the drainage facilities identified in
the drainage impact fee improvement plan for the drainage service
area, the department shall recalculate the drainage impact fee per
service unit using the actual costs for the drainage facilities. If
the maximum drainage impact fee per service unit based upon actual
cost is less than the drainage impact fee per service unit paid, the
city shall refund the difference if such difference exceeds the drainage
impact fee paid by more than ten percent. If the difference is less
than ten percent, no refund shall be due. Refund to the record owner
shall be calculated by:
(A) Multiplying such difference by the number of service
units of the development for which the drainage impact fee was paid;
and
(B) Determining interest due based on the amount calculated under subsection
(d)(4)(a).
(e)
The department shall establish adequate financial and accounting
controls to ensure that drainage impact fees disbursed from the fund
are utilized solely for the purposes authorized. The department shall
maintain and keep financial records for drainage impact fees that
shall show the source and disbursement of all fees collected or expended
within a certain drainage service area. The records of the fund into
which drainage impact fees are deposited shall be open for public
inspection and copying during ordinary business hours.
(f)
Nothing in this article shall prevent the city from paying all
or part of the drainage impact fees due for a new development pursuant
to criteria adopted by city council.
(Ordinance 904-24 adopted 5/14/2024)
(a)
The property owner or applicant for a new development may appeal
the following decisions:
(1)
The applicability of a drainage impact fee to the new development;
(2)
The amount of the drainage impact fee due;
(3)
The determination of stormwater service units;
(4)
The applicability of any credit or offset to the new development;
(5)
The amount of any credit or offset; or
(6)
The amount of a refund due, if any.
(b)
The burden of proof shall be upon the applicant to demonstrate
that the decision was not made in accordance with this article or
applicable state law.
(c)
The applicant shall file a written notice of appeal with the
city manager within 30 days following the date of the decision from
which an appeal is made that states the basis for the appeal with
particularity. To the extent the property owner relies on any studies
or other documents as evidence that the property owner is entitled
to relief, the property owner shall submit such studies and documents
with the notice of appeal. If the notice of appeal is accompanied
by cash or a letter of credit issued by a financial institution that
has an office for presentment located in Willow Park, Texas in an
amount equal to the original determination of the drainage impact
fee due, the development application may be processed while the appeal
is pending.
(Ordinance 904-24 adopted 5/14/2024)
(a)
Within 10 days of receipt of the notice of appeal, the city
manager shall issue a written decision granting relief, granting partial
relief, or denying relief and shall send the decision to the owner
by certified mail, return receipt requested, or by email if the property
owner's email address is provided on the notice of appeal or
the building permit application that gave rise to the matter being
appealed. The city manager's written decision shall ask the property
owner to respond in writing within 10 days of the date of the written
decision regarding whether the property owner agrees or disagrees
with the city manager's decision.
(b)
If the property owner agrees in writing with the city manager's
decision or fails to notify the city manager within 10 days of the
date of the written decision that they disagree with the city manager's
decision:
(1)
The appeal shall be considered resolved and the city manager's
decision shall be final on the matter appealed;
(2)
To the extent that the city manager's decision grants relief
or partial relief to the property owner, the city manager shall ensure
that the property owner receives such relief or partial relief; and
(3)
To the extent that the city manager's decision requires
the property owner to pay a drainage impact fee, the property owner
shall promptly pay the impact fee. The property owner's failure
to pay the drainage impact fee within 5 business days after agreeing
with the city manager's decision or failing to notify the city
manager within 10 days of the date of the written decision that they
disagree with the city manager's decision shall serve as the
authority for the city to present the letter of credit to the financial
institution for performance with no other or further notice or contact
with the property owner.
(Ordinance 904-24 adopted 5/14/2024)
(a)
If the property owner responds in writing to the city manager
that they disagree with the city manager's decision within 10
days after the date of the decision of the city manager, the city
council shall hold a hearing to consider the appeal and shall act
on the appeal within 60 days of the date of the letter of the property
owner notifying the city manager of the disagreement.
(b)
The city council shall act on the appeal by granting relief,
granting partial relief, or denying relief.
(c)
To the extent that the city council grants relief or partial
relief to the property owner, the city manager shall ensure that the
property owner receives such relief or partial relief.
(d)
To the extent that the city council's action on the appeal
requires the property owner to pay a drainage impact fee, the property
owner shall promptly pay the impact fee. The property owner's
failure to pay the drainage impact fee within 5 business days after
the date of the city council's action on the appeal shall serve
as authority for the city to present the letter of credit to the financial
institution for performance with no other or further notice or contact
with the property owner.
(e)
The city council's action on the appeal shall constitute
the city's final decision on the matter appealed.
(f)
A property owner shall bear all costs of the property owner's
appeal under this section.
(Ordinance 904-24 adopted 5/14/2024)
(a)
A property owner for which a drainage impact fee has been paid
may petition the city council to determine whether any duty required
by this article or by chapter 395 of the Texas Local Government Code
has not been performed within the time so prescribed. The petition
shall be in writing and delivered to the city secretary and shall
state the nature of the unperformed duties and request that the duties
be performed within 60 days of the request. If the city council determines
that the performance of the duty is required pursuant to this article
and is late in being performed, it shall cause performance of the
duty to commence within 60 days of the date of the request and to
continue until completion. This subsection shall not apply to matters
subject to appeal pursuant to section 13.13.021 [13.13.015] of this
code.
(b)
The city council may grant a variance from any requirement of
this article, upon written request by the property owner subject to
this article following a public hearing, but only upon finding that
a strict application of such requirement would, when regarded as a
whole, result in confiscation or an unconstitutional taking of the
property.
(c)
If city council grants a variance to the amount of the drainage
impact fee due for a new development under this section, it shall
cause to be appropriated from other city funds the amount of the reduction
in the drainage impact fee to the fund for the drainage service area
in which the property is located.
(Ordinance 904-24 adopted 5/14/2024)