The following definitions shall apply to all water wastewater, roadway and drainage fees regulated by this chapter:
Assessmentmeans the determination of the amount of the maximum assessable impact fee per service unit which can be imposed on new development pursuant to this ordinance.
Capital improvementmeans an improvement or facility expansion for water, wastewater, roadway, or drainage pursuant to which impact fees may be assessed. May include professional services including design, engineering, surveying, appraisals, acquisition, and related fees.
Creditmeans a reduction in the amount of impact fees, payments, or charges for approved construction for provision of the same type of capital improvement for which a fee has been assessed for a new development. This is done either by a proven decrease in the number of service units attributable to such development or a decrease in the amount of impact fees otherwise due, that results from contributions of land, improvements, or funds to construct system improvements in accordance with the city's development regulations, policies, or requirements, as determined by the city.
Change of usemeans the new construction or demolition and reconstruction of a property for a specific use, or the application for a certificate of occupancy for a use which is different than that established directly prior to the newly requested use.
Drainagemeans water 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 storm water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or man-made watercourses for flood control.
Drainage facilitymeans an improvement to land designed or utilized, in whole or in part, for the purpose of collecting, storing, pumping, or conveying drainage, including an existing facility, the capacity of which has been expanded to service new development. Drainage facilities include land, roads, easements, or structures and all appurtenances associated with such facilities.
Drainage facility expansionmeans the expansion of the capacity of existing drainage infrastructure in the city, but does not include the repair, maintenance, modernization, or expansion of an existing drainage improvement to better serve existing development.
Existing developmentmeans all development within a service area which has a water or wastewater tap on the city's water or wastewater system, or which has access to the city's roadway or drainage systems as of the date of adoption of this chapter.
Expansion of existing usemeans construction activity that increases the gross square footage of a structure as measured on all floors or functional outdoor space for purposes of operations for an existing use.
Facility expansionmeans the expansion of the capacity of an existing infrastructure facility, which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include repair, maintenance, modernization, or expansion of an existing facility to better serve existing development.
Final plat approvalmeans authorization by the city planning and zoning commission that the final map of a proposed subdivision meets all city standards and conditions in accordance with the city's subdivision regulations and the executive chairman of the city planning and zoning commission executes the applicant's plat and that the plat may be recorded in the office of the Dallas County Clerk. The term applies both to original plats and replats.
Impact feemeans a fee, charge, or assessment for water, wastewater, roadway, or drainage improvements imposed on new development by the city pursuant to this ordinance in order to generate revenue to fund or recoup all or part of the costs of capital improvements or facility expansions necessitated by and attributable to such 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 chapter or the statute. The term is inclusive of both the maximum assessable impact fee and the impact fee collection rate as herein described.
Impact fee collection ratemeans the current amount of impact fee(s) adopted by the Irving City Council to be paid by the property owner, as may from time to time be amended, which is the result of a percentage reduction of the adopted maximum assessable impact fee. The adopted impact fee collection rate shall be established as provided in section
42-14 and incorporated herein. The adopted impact fee collection rate may be further reduced with credits, designed to fairly reflect the value of capital improvements provided by a developer in accordance with the city's development regulations or requirements.
Impervious surface areameans 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.
Land use assumptionsmeans the projections of population and employment growth and associated changes in land uses, densities, and intensities for at least a ten-year period adopted by the City, as may be amended from time to time, upon which the impact fee capital improvements plans are based.
Land use equivalency tablemeans a table converting the demands for capital improvements generated by various land uses to numbers of service units for purposes of calculating the applicable roadway impact fees, as may be amended from time to time. The land use equivalency table is adopted as section
42-26 and incorporated herein.
Maximum assessable impact feemeans the impact fee that is established for each service area computed by calculating the total projected costs of capital improvements necessitated by and attributable to new development and subtracting a portion of ad valorem tax revenues to be generated by new service units, including the payment of debt, associated with the CIP, and then dividing that amount by the total number of service units anticipated within the service area based upon the land use assumptions. The maximum assessable impact fee shall be established as provided section
42-13 and incorporated herein. The city may adopt an impact fee collection rate that is less than this amount, but in no instance shall the impact fee exceed the maximum assessable impact fee except by amendment of this chapter.
New developmentmeans a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of land, 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.
Recoupmentmeans the imposition of an impact fee to reimburse the city for capital improvements which the city has previously oversized to serve new development.
Roadwaymeans any primary and secondary arterial or collector street designated in the city's adopted master thoroughfare plan, as may be amended from time to time. Roadway also includes any thoroughfare designated as a numbered highway on the official federal or Texas highway system, to the extent that the city incurs capital improvement costs for such facility.
Roadway facilitymeans an improvement or appurtenance to a Roadway which includes, but is not limited to, rights-of-way, whether conveyed by deed or easement; intersection improvements; traffic signals; turn lanes; drainage facilities associated with the roadway facility; street lighting or curbs affected by the roadway facility. Roadway facility also includes any improvement or appurtenance to an intersection with a roadway officially enumerated in the federal or Texas highway system, and to any improvements or appurtenances to such federal or Texas highway, to the extent that the city has incurred capital costs for such facilities, including without limitation local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances and rights-of-way. Roadway facility excludes those improvements or appurtenances to any roadway which is a site related facility.
Roadway facility expansionmeans the expansion of the capacity of an existing roadway in the city, but does not include the repair, maintenance, modernization, or expansion of an existing roadway to better serve existing development.
Service areameans an area defined in this chapter within the city's corporate boundaries for roadway or drainage facilities or within the city's corporate boundaries or other areas served in the city for water and wastewater facilities, to be served by the capital improvements or facility expansions specified in the capital improvements plan(s) applicable to the service area. Impact fees may 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 capital improvements plan applicable to the service area.
Service unitmeans 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 for a particular category of capital improvements or facility expansions. Service units for roadway impact fees are expressed in vehicle miles. Service units for water and wastewater impact fees are expressed in service unit equivalents (SUE's) as defined herein. Service units for drainage impact fees are expressed in growth of impervious surface area, as defined herein.
Service unit equivalentmeans the basis for establishing equivalency among and within various customer classes and land uses. The table of equivalencies for water, wastewater, roadway, and drainage service units are provided in sections
42-20,
42-26, and
42-33 as applicable.
Site-related facilitymeans a public improvement or facility for a development which is for the primary use or benefit of one (1) or more new developments and/or which is for the primary purpose of safe and adequate provision of water, wastewater, roadway, or drainage capital improvements/facilities to serve the new development, including access to the development, which is not included in the capital improvements plan(s), and for which the developer(s) or property owner(s) is solely responsible under subdivision or other applicable development regulations.
System facilitymeans a water, wastewater, roadway, or drainage capital improvement or facility expansion which is designated in the capital improvements plan(s) and which is not a site-related facility but will generate additional demand on the system and which will cause the need for additional capital investment to accommodate.
Vehicle milemeans one (1) vehicle traveling a distance of one (1) mile during the highest peak hour as calculated herein.
Wastewater facilitymeans a wastewater interceptor or main, lift station, treatment facility or other facility included within and comprising an integral component of the city's collection and transmission system for wastewater. Wastewater facility includes land, easements, or structures associated with such facilities. Wastewater facility excludes a site-related facility.
Wastewater facility expansionmeans expansion of the capacity of any existing wastewater facility for the purpose of serving new development, not including the repair, maintenance, modernization, or expansion of an existing wastewater facility to serve existing development.
Water facilitymeans a water supply source, transmission line, water main, pump station, storage tank, or other facility included within and comprising an integral component of the city's water storage or distribution system. Water facility includes land, easements, or structures associated with such facilities. A water facility excludes on-site-related facilities or that portion of a water line or main which is constructed by a developer, the costs of which are reimbursed from charges paid by subsequent users of the facilities.
Water facility expansionmeans expansion of the capacity of any existing water facility for the purpose of serving new development and not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development.
Water metermeans a device for measuring the flow of water to a development, whether for domestic or for irrigation purposes.
(Ordinance 2024-10894, § 4, adopted 4/11/2024)