This chapter shall be known and cited as the "City of Brenham Impact Fee Ordinance."
(Ordinance O-24-003 adopted 2/22/2024)
The purpose of this chapter is to assure the provision of adequate public facilities to serve new development in the city and its extraterritorial jurisdiction by requiring each such development to pay its share of the costs of such improvements necessitated and attributable to such new development. This chapter is intended to impose water and wastewater impact fees, as established by this chapter in order to finance public facility capital improvement plans generated by new development within the service area.
(Ordinance O-24-003 adopted 2/22/2024)
The city is authorized to enact this chapter and adopt impact fees by chapter 395 of the Texas Local Government Code ("statute"), which authorizes home rule cities to enact or impose impact fees on land within their corporate boundaries and in their extraterritorial jurisdictions, as charges or assessments imposed against new development in order to generate revenue for funding capital improvements or facility expansions necessitated by and attributable to such new development. The provisions of this chapter shall not be construed to limit the power of the city to adopt such chapter pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this chapter. Guidelines may be developed by resolution or otherwise to implement and administer this chapter.
(Ordinance O-24-003 adopted 2/22/2024)
As used in this chapter, unless the context otherwise indicates, the following words are defined as follows. Words and terms not expressly defined in this section have their ordinary meanings based on the latest edition of Merriam-Webster's unabridged dictionary.
A structure, property or development that once contained a habitable structure with a certificate of occupancy and water services which subsequently ceased occupancy and no longer actively uses water or sewer services as previously intended.
The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this chapter.
Written permission issued by the city development services department for the construction, repair, or alteration of or addition to a structure.
Any of the following facilities that have a life expectancy of three or more years and are owned and operated by the city: water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; and stormwater, drainage, and flood control facilities; whether or not they are located within the service area; and roadway facilities.
A plan required by this chapter that identifies capital improvements or facility expansions for which impact fees may be assessed.
The City of Brenham, Texas.
July 1, 2024.
The map, drawing or chart on which is provided a subdivider's plan of a subdivision, which has received final approval by the planning and zoning commission or city manager, in accordance with chapter 23 - Subdivisions, of the city code, and which is recorded with the office of the county clerk. For the purposes of this chapter, a final plat shall include a replat.
A charge or assessment imposed by a political subdivision 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 includes amortized charges, lump-sum charges, capital recovery fees, contributions in aid of construction, and any other fee that functions as described by this definition. 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 upon which the capital improvement plans are based and approved by city council.
A lot, the boundaries of which were established by a plat recorded in the office of the county clerk of the county, before September 1, 1989, that has not been subdivided after September 1, 1989.
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 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 water or wastewater system, and which has not been exempted from these regulations by provisions herein. Installation of a larger water meter shall constitute new development.
For purposes of water and wastewater (see section 28-15(2) and section 28-15(4)) the area within the corporate boundaries of the city and extraterritorial jurisdiction to be served by the capital improvements or facilities expansions specified in the capital improvement plans.
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 political subdivision in which the individual unit of development is located during the previous ten (10) years.
(Ordinance O-24-003 adopted 2/22/2024; Ordinance O-24-014 adopted 6/20/2024)
Land use assumptions used in the development of the impact fees are described in section 28-15(1). These assumptions may be revised by the city council according to the procedures set forth in the statute.
(Ordinance O-24-003 adopted 2/22/2024)
(a)
This chapter shall be uniformly applicable to new development which occurs within the corporate boundaries and extraterritorial jurisdiction of the city.
(b)
The water and wastewater service areas and capital improvement plans are established in section 28-15.
(c)
Revisions or additions to the above-described service areas may be designated by the city council consistent with the procedures set forth in the statute.
(Ordinance O-24-003 adopted 2/22/2024)
The 2023 impact fee study ("study"), prepared by Strand Associates, Inc. in accordance with the statute for the adoption of water, wastewater and roadway impact fees is hereby accepted and adopted for all purposes consistent with this chapter. The study is on file and available upon request in the development services department and the city secretary's office.
(Ordinance O-24-003 adopted 2/22/2024)
The maximum impact fee per service unit for each service area shall be computed by utilizing the fifty percent (50%) credit method which assumes a credit equal to fifty percent (50%) of the total projected cost of implementing the capital improvement plan for each category of capital improvements. In accordance with the statute, a credit equal to fifty percent (50%) of the total adopted capital improvement plans, as outlined in section 28-15, was applied to such projected costs prior to calculation of the maximum and effective impact fees as shown in table 1 and table 2.
(Ordinance O-24-003 adopted 2/22/2024)
(a)
The service units for water and wastewater improvements shall be assessed in terms of residential equivalent connections (REC), or the volume of water used by a standard one inch (1") water meter during a one (1) day period. Single-family residential units are equivalent to one (1) REC. Multiple-family residential, commercial, and industrial units shall be adjusted to reflect their respective demand on the water and wastewater distribution and collection systems, and in accordance with their ratio to a one inch (1") water meter as established by the American Water Works Association (AWWA).
(b)
Consistent with the procedures set forth in the statute, the effective impact fees per service unit may be amended from time to time by the city council, following the review and recommendation of the capital improvements advisory committee, through an ordinance amendment, to any amount equal to or less than the maximum impact fees set forth in table 1 and table 2.
(1)
A water impact fee of $4,794.00 per service unit shall be assessed and charged against new development in the service area (see section 28-15(2)) as set forth in table 1. In accordance with Section 395.016(c) of the statute, table 1 shall apply to final plats recorded before the effective date which obtain a permit following the one (1) year grandfather period and on final plats approved and recorded after the effective date.
Table 1 - Water Impact Fee Determined for Varying Water Meter Types and Sizes Using AWWA Equipment Table | |||||
|---|---|---|---|---|---|
Meter Size (Inch) | Meter Type | Continuous Duty Maximum Flow Rate (gpm) | Ratio to 1-Inch Meter | Impact Fees (Maximum Assessable) | Impact Fees (CIAC Recommendation) 90% |
1 | Displacement type | 25 | 1 | $5,327.00 | $4,794.00 |
1.5 | Displacement type | 50 | 2 | $10,654.00 | $9,589.00 |
2 | Displacement type | 80 | 3.2 | $17,046.00 | $15,341.00 |
2 | Compound | 80 | 3.2 | $17,046.00 | $15,341.00 |
3 | Compound | 175 | 7 | $37,289.00 | $33,560.00 |
3 | Turbine vertical shaft | 220 | 8.8 | $46,878.00 | $42,190.00 |
3 | Turbine high velocity | 350 | 14 | $74,578.00 | $67,120.00 |
4 | Compound | 300 | 12 | $63,924.00 | $57,563.00 |
4 | Turbine vertical shaft | 420 | 16.8 | $89,494.00 | $80,545.00 |
4 | Turbine high velocity | 650 | 26 | $138,502.00 | $124,652.00 |
6 | Compound | 675 | 27 | $143,829.00 | $129,446.00 |
6 | Turbine vertical shaft | 865 | 34.6 | $184,314.00 | $165,883.00 |
6 | Turbine high velocity | 1,400 | 56 | $298,312.00 | $268,481.00 |
8 | Compound | 900 | 36 | $191,772.00 | $172,595.00 |
8 | Turbine high velocity | 2,400 | 96 | $511,392.00 | $460,253.00 |
10 | Turbine high velocity | 3,500 | 140 | $745,780.00 | $671,202.00 |
12 | Turbine high velocity | 4,400 | 176 | $937,552.00 | $843,797.00 |
(2)
A wastewater impact fee of $620.00 per service unit shall be assessed and charged against new development in the service area (see section 28-15(4)) as set forth in table 2. In accordance with Section 395.016(c) of the statute, table 2 shall apply to final plats recorded before the effective date which obtain a permit following the one (1) year grandfather period and on final plats approved and recorded after the effective date.
Table 2 - Wastewater Impact Fee Determined for Varying Water Meter Types and Sizes Using AWWA Equivalency table | |||||
|---|---|---|---|---|---|
Meter Size (inch) | Meter Type | Continuous Duty Maximum Flow Rate (gpm) | Ration to 1-Inch Meter | Impact Fees Maximum Assessable | Impact Fees Adopted - 20% |
1 | Displacement type | 25 | 1 | $3,102.00 | $620.00 |
1.5 | Displacement type | 50 | 2 | $6,204.00 | $1,241.00 |
2 | Displacement type | 80 | 3.2 | $9,926.00 | $1,985.00 |
2 | Compound | 80 | 3.2 | $9,926.00 | $1,985.00 |
3 | Compound | 175 | 7 | $21,714.00 | $4,343.00 |
3 | Turbine vertical shaft | 220 | 8.8 | $27,298.00 | $5,460.00 |
3 | Turbine high velocity | 350 | 14 | $43,428.00 | $8,686.00 |
4 | Compound | 300 | 12 | $37,224.00 | $7,445.00 |
4 | Turbine vertical shaft | 420 | 16.8 | $52,114.00 | $10,423.00 |
4 | Turbine high velocity | 650 | 26 | $80,652.00 | $16,130.00 |
6 | Compound | 675 | 27 | $83,754.00 | $16,751.00 |
6 | Turbine vertical shaft | 865 | 34.6 | $107,329.00 | $21,466.00 |
6 | Turbine high velocity | 1,400 | 56 | $173,712.00 | $34,742.00 |
8 | Compound | 900 | 36 | $111,672.00 | $22,334.00 |
8 | Turbine high velocity | 2,400 | 96 | $297,792.00 | $59,558.00 |
10 | Turbine high velocity | 3,500 | 140 | $434,280.00 | $86,856.00 |
11 | Turbine high velocity | 4,400 | 176 | $545,952.00 | $109,190.00 |
(3)
The results and findings of the study concerning roadway impact fees are accepted as provided for in Section 28-7. The maximum and effective impact fee value per service unit for roadway facilities are not adopted. The impact fee values per service unit for roadway facilities may be adopted in the future and amended in accordance with the statute.
(Ordinance O-24-003 adopted 2/22/2024)
(a)
No final plat for new development shall be released for recordation, and no building permit and/or plumbing permit shall be issued, without the assessment of applicable impact fees pursuant to this chapter. Except as otherwise provided in this chapter, no building permit and/or plumbing permit shall be issued until the owner has paid the applicable impact fees.
(b)
Following the lapse or expiration of an approved plat that was not recorded prior to its lapse or expiration, assessment of impact fees shall occur on the date the new final plat application is approved for recordation.
(c)
Impact fees shall not be assessed for new development on properties which are:
(d)
For a new development which has received final plat approval before the effective date, assessment of impact fees shall occur on the effective date of this chapter except as otherwise provided herein. Exception: Subdivision plats submitted for approval to the development services department as of the effective date and not yet approved or recorded shall be eligible for the 1-year waiver of impact fees.
(e)
For a new development which has received final plat approval on or after the effective date, assessment of impact fees shall occur at the time of recordation of the final plat.
(f)
After assessment of the impact fees attributable to a new development, and/or in conjunction with the expansion or enlargement of a development in existence as of the effective date of this chapter, additional impact fees or increases in fees may not be assessed against the tract unless the number of service units to be developed on the tract increases. In the event of the increase in the number of service units, the impact fees to be imposed are limited to the amount attributable to the additional service units. For all new development applications proposed to occur without a modification to the subdivision plat, assessment of required impact fees shall occur at the time of the building permit application.
(g)
For multiple-family residential, commercial, industrial and all nonresidential uses, the effective service unit required shall be determined by a licensed engineer and approved by city staff.
(h)
Irrigation meters that are a sub-meter to the main domestic meter shall not be assessed an impact fee for water or wastewater.
(i)
Irrigation meters that are 1.5 inches or greater shall be assessed an impact fee for water and shall not be assessed an impact fee for wastewater.
(j)
Impact fees for water or wastewater shall not be assessed for connections only utilized to provide fire protection.
(k)
Existing businesses abandoning their current location and relocating within the city limits as a result of the Texas Department of Transportation State Highway 36/US Highway 290 interchange reconstruction shall be exempt from the assessment of impact fees provided that property owners may exchange previously purchased connections for the equivalent number of service connections. Should the exchange of service connections result in an increase in the meter type and/or size as outlined in Table 1 and Table 2, the property owner shall be assessed the effective impact fee at the time of the new service connection based on the additional service units.
(Ordinance O-24-003 adopted 2/22/2024; Ordinance O-24-014 adopted 6/20/2024)
(a)
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 service unit for which a valid building permit is issued within one (1) year after the effective date of this chapter; provided, however, such a service unit shall be subject to the collection of impact fees upon the submission of a subsequent application for a building permit if the subsequent building permit application is not issued within one (1) year after the effective date.
(Ordinance O-24-003 adopted 2/22/2024; Ordinance O-24-014 adopted 6/20/2024)
(a)
Impact fees established by this chapter are additional and supplemental to, and not in substitution of any other requirements imposed by the city on development of land or the issuance of building permits or the sale of water or wastewater taps or the issuance of certificates of occupancy. Such impact fees are intended to be consistent with and to further the policies of the adopted comprehensive plan, capital improvement plans, zoning ordinance, 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 chapter 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 zoning and subdivision regulations or other regulations of the city, which shall be operative and remain in full force and effect without limitation with the respect to such development.
(Ordinance O-24-003 adopted 2/22/2024)
(a)
In accordance with the procedures set forth in the Statute, the Capital Improvements Advisory Committee (CIAC) shall be appointed by the city council to assist with the impact fee adoption, implementation, and semiannual review of impact fees. The functions of the CIAC are those set forth in the Statute or any successor statute and shall include the following:
(1)
Advise and assist the city in adopting land use assumptions;
(2)
Review and file written comments on the city's capital improvement plans;
(3)
Monitor and evaluate implementation of the city's capital improvement plans;
(4)
File semiannual reports evaluating the progress of the city in achieving the capital improvement plans and identifying any problems in implementing the plans or administering the impact fees, and any perceived inequities in administration of the fee; and
(5)
Advise the city of the need to update or revise the land use assumptions, capital improvement plans and/or impact fees.
(b)
In accordance with the procedures set forth in the Statute, the CIAC shall review the land use assumptions and capital improvement plans for water, wastewater and roadway facilities at least every five years. The first five year period shall commence from the date of adoption of the land use assumption and capital improvement plans. Following the review of the CIAC, the city shall make a determination of whether changes to the land use assumptions, capital improvement plan or impact fees are needed and shall, in accordance with the procedures set forth in the Statute, or any successor statute, either update the fees or make a determination that no update is necessary.
(Ordinance O-24-003 adopted 2/22/2024)
(a)
The city shall deposit all funds collected through the adoption of an impact fee 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 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 the Statute.
(c)
The city shall establish adequate financing and accounting controls to ensure that the impact fees disbursed from the account are utilized for the purposes for which the impact fee was imposed as shown by the capital improvements plan and as authorized by the Statute.
(d)
The city shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended within the service area. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours.
(Ordinance O-24-003 adopted 2/22/2024)
(a)
Map A - Land use assumptions.
(b)
Map B - Water impact fee service area.
(c)
Impact fee capital improvement plan; water capital improvement plan projects.
(d)
Map C - Wastewater service area.
(e)
Impact fee capital improvement plan; wastewater capital improvement plan projects.
(Ordinance O-24-003 adopted 2/22/2024)
 |
(Ordinance O-24-003 adopted 2/22/2024)
 |
(Ordinance O-24-003 adopted 2/22/2024)
ID | Project Name | Cost |
|---|---|---|
WT1 | Surface water treatment plant improvements | $24,300,000.00 |
WT2 | Loesch Street water plan | $11,700,000.00 |
WT3 | Westside water plant | $12,700,000.00 |
WS1 | Highway 36 South Elevated Storage Tank | $3,036,000.00 |
WS2 | Gun and Rod Road Elevated Storage Tank | $3,036,000.00 |
WM1 | Highway 36 South Water Main Extension | $741,250.00 |
WM2 | Old Masonic Road water main replacement and extension | $1,289,900.00 |
WM3 | Dixie Road Water Main Extension | $805,000.00 |
WM4 | Mustang Road Water Main Extension | $378,900.00 |
WM5 | Farm-to-Market (FM) 2935 Water Main Extension | $1,366,450.00 |
WM6 | Highway 290 West water main replacement | $496,700.00 |
WM7 | FM 332 Water Main Extension | $1,287,800.00 |
WM8 | Highway 290 East - Phase 1 Water Main Extension | $847,250.00 |
WM9 | Highway 105 water main replacement and extension | $1,006,200.00 |
WM10 | Small area plan Water Main Extension | $1,576,250.00 |
WM11 | Highway 290 East - Phase 2 Water Main Extension | $857,400.00 |
Study | Water impact fee study | $65,000.00 |
Water Capital Improvement Plan Projects - Total Cost: | $65,490,100.00 |
Assumptions: | ||
1. Costs are listed in 2023 dollars. |
(Ordinance O-24-003 adopted 2/22/2024)
 |
(Ordinance O-24-003 adopted 2/22/2024)
ID | Project Name | Cost |
|---|---|---|
WWT1 | Wastewater treatment plant expansion study | $150,000.00 |
WWP1 | Stone Hollow Lift Station, Force Main, and Gravity Sewer Replacement | $2,115,000.00 |
WWP2 | Business Center Lift Station-Phase 1, Force Main, and Gravity Sewer Replacement | $1,413,000.00 |
WWP3 | Industrial Boulevard Lift Station, Force Main, and Gravity Sewer Replacement | $1,762,000.00 |
WWP4 | Highway 105 Lift Station, Force Main, and Gravity Sewer Replacement | $5,126,000.00 |
WWP5 | TxDOT Lift Station and Force Main | $942,000.00 |
WWP6 | Old Masonic Road Lift Station, Force Main, and Gravity Sewer | $1,707,000.00 |
WWP7 | Henderson Park Lift Station (Pump Replacement), Force Main and Gravity Sewer Replacement | $456,000.00 |
WWP8 | Munz Lift Station, Force Main, and Gravity Sewer Replacement | $5,104,000.00 |
WWP9 | Liberty Village Lift Station (Pump Replacement) and Gravity Sewer Replacement | $764,000.00 |
WWP10 | Mustang Road Lift Station, Force Main, and Gravity Sewer | $1,122,000.00 |
WWP11 | Business Center Lift Station-Phase 2, Force Main Replacement | $611,000.00 |
WWP12 | Ralston Creek Lift Station (Pump Replacement) and Force Main Replacement | $1,504,000.00 |
WWP13 | Highway 290 East Lift Station - Phase 1, Force Main, and Gravity Sewer | $1,008,000.00 |
WWP14 | K of C Hall Lift Station and Force Main | $1,806,000.00 |
WWP15 | Baker Katz Lift Station, Force Main, and Gravity Sewer Replacement | $3,525,000.00 |
WWP16 | Highway 36 South No. 2 Lift Station and Force Main | $2,074,000.00 |
WWC1 | Dixie Road Gravity Sewer Extension | $223,000.00 |
WWC2 | Farm-to-Market (FM) 2935 Gravity Sewer Extension | $697,000.00 |
WWC3 | FM 332 Gravity Sewer Extension | $509,000.00 |
WWC4 | Highway 105 Gravity Sewer Extension | $515,000.00 |
WWC5 | Highway 290 East Gravity Sewer Extension - Phase 2 | $249,000.00 |
WWC6 | Highway 36 North Gravity Sewer Extension | $772,000.00 |
Study | Wastewater impact fee study | $110,000.00 |
Wastewater Capital Improvement Plan Projects - Total Cost: | $34,264,000.00 | |
Assumptions: | ||
1. Costs are listed in 2023 dollars. |
(Ordinance O-24-003 adopted 2/22/2024)