The provisions of this chapter shall apply to all new, non-exempt development within the corporate boundaries of the city and any property located within a service area.
(Ordinance 2024-10894, § 4, adopted 4/11/2024)
The following are exempt from the payment of impact fees as applied in this chapter:
(a) 
Pursuant to Tex. Loc. Gov't Code Section 395.022, as amended, a public school district is not required to pay impact fees imposed under this ordinance unless the board of trustees of the district consents to the payment of the fees by entering a contract with the City imposing the fees.
(b) 
Pursuant to Tex. Loc. Gov't Code Section 395.016, as amended, impact fees may be reduced or waived for service units that would qualify as affordable housing under 42 U.S.C. Section 12745, as amended, once constructed.
(Ordinance 2024-10894, § 4, adopted 4/11/2024)
The city declares impact fees as an additional and supplemental regulation.
(a) 
Impact fees established by these regulations 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.
(b) 
Such impact fees are intended to be consistent with and to further the policies of the City of Irving Comprehensive Plan, the capital improvements plan(s), the zoning ordinances, 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.
(c) 
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 the zoning and subdivision regulations or other regulations and policies of the city, which shall be operative and remain in full force and effect without limitation with respect to all such development.
(Ordinance 2024-10894, § 4, adopted 4/11/2024)
The following definitions shall apply to all water wastewater, roadway and drainage fees regulated by this chapter:
Assessment
means 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 improvement
means 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.
Credit
means 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 use
means 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.
Drainage
means 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 facility
means 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 expansion
means 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 development
means 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 use
means 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 expansion
means 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 approval
means 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 fee
means 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 rate
means 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 area
means 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 assumptions
means 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 table
means 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 fee
means 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 development
means 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.
Recoupment
means the imposition of an impact fee to reimburse the city for capital improvements which the city has previously oversized to serve new development.
Roadway
means 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 facility
means 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 expansion
means 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 area
means 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 unit
means 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 equivalent
means 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 facility
means 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 facility
means 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.
Water/wastewater service application
means the filing with the city of a written application for water or wastewater service and the payment of applicable fees.
Vehicle mile
means one (1) vehicle traveling a distance of one (1) mile during the highest peak hour as calculated herein.
Wastewater facility
means 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 expansion
means 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 facility
means 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 expansion
means 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 meter
means 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)
Assessment of the impact fee shall be made as follows:
(a) 
For a new development which has received final plat approval before the date of adoption of this ordinance, assessment of impact fees shall not be collected on any service unit for which a valid building permit is issued within one (1) year after the initial date of adoption of this ordinance, as required in TLGC Sect. 395.016. After one (1) year, fees shall be assessed.
(b) 
For a new development platted after the date of adoption of impact fees, fees shall be assessed at the time of platting prior to recordation and shall be the amount as set forth in section 42-14 of this ordinance.
(c) 
For previously platted land which is not required to be platted or replatted at the time of application for a building permit pursuant to the city's subdivision regulations prior to development, assessment of impact fees shall occur at the time application is made for the building permit and shall be the amount as adopted by the city council per service unit then in effect. For properties that do not require a building permit, the impact fee collection rate shall be assessed in the amount in effect at the time that an application for individual meter connection to the city's water or wastewater is made.
(d) 
For properties requiring a plat, the impact fee collection rate to be paid and collected per service unit for new development shall be the amount in effect at the time of final plat approval for up to a one-year period following such final plat approval. After the one-year period has expired, the roadway impact fee collection rate shall be paid according to the current amount then in effect.
(e) 
For new development which is submitted for approval pursuant to the city's subdivision regulations or which is proposed for replatting for the intent of adding lots and/or changing the use of the property on or after the date of adoption of this ordinance, assessment of impact fees shall be at the time of final plat or replat approval and shall be the amount of the maximum assessable impact fees per service unit then in effect.
(f) 
Following assessment of the impact fee pursuant to this section, the amount of the impact fee assessment per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval or other development application that results in approval of additional service units, in which case a new assessment shall occur for the additional units only at the rate then in effect for such additional service units.
(g) 
The City Engineer or his/her designee shall compute the impact fees for new development and may first determine whether the new development is eligible for credits calculated in accordance with this ordinance due to installation of infrastructure necessary for the development, which would further reduce impact fees otherwise due in whole or in part. The total amount of impact fees for the new development shall be attached to the development application as a condition of approval.
(h) 
Approval of an amending plat pursuant to Tex. Loc. Gov't Code, Section 212.016 and the city's subdivision regulations is not subject to reassessment for an impact fee.
(i) 
Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge, or assessment which is lawfully imposed on and due against the property.
(j) 
The maximum assessable impact fee per service unit for water, wastewater, roadway, or drainage capital improvements and/or facility expansions, 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 systems.
(k) 
To the extent that the impact fee collection rate charged against a new development, as may be amended from time to time, is less than the maximum assessable impact fee per service unit assessed, such difference hereby is declared to be founded on policies unrelated to measurement of the impacts of the new development on the city's roadway system.
(l) 
The maximum assessable impact fee may be used in evaluating any claim by a property owner that the dedication or construction of a capital improvement within a service area imposed as a condition of development approval pursuant to the city's subdivision or development regulations is disproportionate to the impacts created by the development on the city's systems.
(Ordinance 2024-10894, § 4, adopted 4/11/2024)
Impact fees shall be collected in the following manner:
(a) 
The impact fee collection rate shall be paid at the time the city issues a building permit for a new development or, if a building permit is not necessary, at the time of an application for an increase in meter size or other generator of additional demand.
(b) 
If the building permit for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fee collection rate shall be computed using amounts in effect at the time of the new application, with credits for previous payment of impact fees being applied against the new impact fees due.
(c) 
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 determined by using amounts in effect at the time of the request, and such additional fee shall be collected at the times prescribed by this section.
(d) 
The city council may amend this ordinance to vary the rates of collection or amount of impact fees per service unit among or within service area(s) in order to reasonably further city goals and policies affecting the adequacy of water, wastewater, roadway and drainage serving new development, or other regulatory purposes affecting the type, quality, intensity, economic development potential or development timing of land uses within such service areas.
(Ordinance 2024-10894, § 4, adopted 4/11/2024)
The city may credit the contribution of land, improvements, or construction of any system facility that is required or agreed to by the city, pursuant to rules established in this section or pursuant to administrative guidelines promulgated by the city with the following limitations:
(a) 
The credit shall be disclosed at the time of assessment with the plat, or other detailed plan of development for the property that is to be served by the applicable facility.
(b) 
Master planned community projects, including subdivisions containing multiple phases, and whether approved before or after the effective date of these impact fee regulations, may apply for credits against impact fees based upon contributions of land, improvements, or funds toward construction of system facilities, or other capital improvements which supply excess system capacity.
(c) 
Credits shall be determined by comparing costs of capital improvements supplied by the project with the costs of capital improvements to be utilized by development within the project, utilizing a methodology approved by the city. The credit determination shall be incorporated within an agreement for credits, in accordance with this ordinance. The requirements of an agreement for credits shall not be less than what is required by Irving's Unified Development Code.
(d) 
The city's current policies and regulations shall apply to determine a new development's obligations to construct adjacent system facilities. The obligation to construct, however, shall not exceed the maximum assessable impact fee assessed against the new development at the amount then in effect.
(e) 
Construction required under such policies and regulations shall be a credit against the amount of impact fees otherwise due. If the costs of constructing a system facility in accordance with the current city policies and regulations are greater than the amount of the impact fee collection rate due, the amount of the credit due shall be deemed to be one hundred (100) percent of the assessed impact fees and no impact fee shall be collected thereafter for the development, unless the number of service units is subsequently increased.
(f) 
All credits against impact fees shall be based upon the following standards promulgated by the city:
1. 
No credit shall be given for the dedication or construction of site-related facilities.
2. 
No credit shall be given for a facility which is not identified within the applicable impact fee capital improvements plans adopted as Exhibit A. The city may consider providing credit for construction of collector or arterial streets if identified on the city's master thoroughfare plan as amended.
3. 
In no event will the city grant a credit when no impact fees can be collected pursuant to this ordinance or for any amount exceeding the impact fee collection rate due for the development, unless expressly agreed to by the city in writing.
4. 
The city may participate in the costs of a system facility to be dedicated to the city, including costs that exceed the amount of the assessed impact fees due for the development, in accordance with policies and rules established by the city. The amount of any credit for construction of a system facility shall be reduced by the amount of any participation funds received from the city.
(g) 
Credits for construction of capital improvements shall be deemed eligible for consideration when the capital improvements are completed and the city has accepted the capital improvement to city standards; or, in the case of capital improvements constructed and accepted prior to the effective date of this ordinance, on such effective date.
(h) 
Credits created after the effective date of this ordinance shall expire ten (10) years from the date the credit was created. Credits arising prior to such effective date shall expire ten (10) years from such effective date. Upon application by the property owner, the city may agree to extend the expiration date for the credit on mutually agreeable terms.
(i) 
Unless an agreement for credits, as described herein, is executed providing for a different manner of applying credits against impact fees due, a credit associated with a plat shall be applied at the time of application for the first building permit and, at each building permit application thereafter, to reduce impact fees due until the credit is exhausted.
(j) 
An owner of a new development who has constructed or financed a capital improvement or facility expansion designated in the impact fee capital improvements plans, or other capital improvement that supplies excess capacity, as required or authorized by the city, shall enter into an agreement with the city to provide for credits against impact fees due for the development in accordance with this paragraph. The agreement shall identify the basis for and the method for computing the credit, the amount of the credit due, and any reduction in credits attributable to consumption of capacity by developed lots or tracts served by capital improvements.
For multi-phased projects, the city shall require that total credits be proportionally allocated among the phases. If authorized by the city, the agreement also shall provide for allocation of credits among new developments within the project, and provisions for the timing and collection of impact fees.
(k) 
Rough proportionality. The maximum assessable impact fee per service unit for water, wastewater, roadway, or drainage capital improvements and/or facility expansions, 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 systems. The city may allow credit toward construction of infrastructure based on a calculation of rough proportionality valued for the assessed amounts up to the maximum assessable impact fee per applicable service unit for water/wastewater (meter size), roadway (lane miles) and drainage (impervious cover).
(Ordinance 2024-10894, § 4, adopted 4/11/2024)
(a) 
Existing structures.
If the new development involves the alteration of existing structures, additional demand created by such altered structure or structures shall be calculated as additional service units as provided in the equivalency table for the applicability utility. If the demand for the new development exceeds the existing demand, the amount of the impact fees due shall be calculated on the additional service units generated by the additional construction. If the demand for the new development is less than or equal to the existing demand, no impact fee is due.
(b) 
Water/wastewater.
Applies if new use or expansion of existing use necessitates the replacement of the existing water meter with a larger size meter, or in cases where an additional separate meter is required.
(c) 
Roadway.
Applies to a new use or expansion if the use causes increased traffic demand as determined by the land use equivalency table provided in section 42-26.
(d) 
Drainage.
Applies with an increase in impervious surface. If the city staff determines that sufficient information is provided along with the building permit application to demonstrate that no drainage will flow off all or a significant portion of the property, the city engineer or designee may approve an adjustment in the number of service units. Before an adjustment is made, the property owner shall not 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 city engineer or designee 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 2024-10894, § 4, adopted 4/11/2024)
The city hereby authorizes the city's finance department to establish an account to which interest is allocated for each service area for which an impact fee is imposed pursuant to this chapter. Each impact fee collected within the service area shall be deposited in such account with the following regulations:
(a) 
Interest earned on the account(s) into which the impact fees are deposited shall be considered funds of the account and shall be used solely for the purposes authorized in this chapter and the statute.
(b) 
The city's finance department shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in this ordinance and the statute. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purposes and intent of this chapter; provided, however, that any impact fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account.
(c) 
The city's finance department shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended from each 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. The city may establish a fee for copying services.
(Ordinance 2024-10894, § 4, adopted 4/11/2024)
The city may provide for refunds of unused impact fees as follows:
(a) 
Upon application, any impact fee or portion thereof collected pursuant to this ordinance, which has not been expended within the service area within ten (10) years from the date of payment, shall be refunded to the record owner of 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 section 302.002, Tex. Fin. Code, or its successor statute.
The application for refund pursuant to this section shall be submitted within sixty (60) days after the expiration of the ten-year period for expenditure of the impact fee. An impact fee shall be considered expended on a first-in, first out basis.
(b) 
An impact fee collected pursuant to this ordinance shall also be considered expended if the total expenditures for capital improvements or facility expansions authorized within the service area within ten (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 subsections (a) or (b), the city shall divide the difference between the amount of expenditures and the amount of the impact 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.
(Ordinance 2024-10894, § 4, adopted 4/11/2024)
The city does hereby provide for rebates of impact fees upon request under certain conditions.
(a) 
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 (6) months of such expiration, the city shall, upon written request, 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.
(Ordinance 2024-10894, § 4, adopted 4/11/2024)
The city does hereby provide an appeal process for impact fees.
(a) 
The property owner or applicant for new development may appeal the applicability or assessment of the impact fee(s) or the availability or amount of credits or refunds.
(b) 
Appeals shall be considered by the city council.
(c) 
The applicant must file a written notice of appeal with the city manager or his/her designee within thirty (30) days following the date of assessment.
(d) 
The burden of proof shall be on the applicant to demonstrate that relief should be granted by the city.
(e) 
Along with the notice of appeal, an applicant may propose an alternative service unit computation for land uses not contained within the applicable engineering manuals.
The standards as set by the latest adopted edition of the engineering manuals and city amendments, as applicable, shall regulate the requirements and calculations shall be determined based on the actual cost of service. The city engineer or designee shall make a recommendation to the city council regarding the final determination on any alternate computation.
(1) 
Water/wastewater: City of Irving Water and Wastewater Standard Details, City of Irving Specifications, AWWA M22 (Sizing Water Service Lines and Meters); TCEQ Regulations.
(2) 
Traffic: ITE Trip Generation Manual. A trip generation study demonstrating the appropriateness of the trip generation rates for the proposed development.
(3) 
Drainage/storm water: iSWM/Chapter 5 of Part 2 of the Unified Development Code.
(f) 
The city manager or his/her designee ("manager") may (1) resolve the appeal if the applicant agrees with the manager's decision, or (2) if the applicant does not agree, refer the matter to the city council for decision, along with the manager's recommendation and any trip generation study provided, if any.
(g) 
If city council review is requested by the applicant after receiving the manager's decision, the city secretary shall schedule a public hearing at which the applicant may present testimony and evidence before the city council. The city council shall act on the appeal within sixty (60) days of receipt of the notice of appeal by the city, unless otherwise agreed by the applicant.
(h) 
If the notice of appeal is accompanied by a payment or other security satisfactory to the city attorney 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.
(i) 
If the city council allows for a different amount of the impact fee due for a new development under this section to be paid, it may cause to be appropriated from other city funds the amount of the reduction in the impact fee to the account for the service area in which the property is located.
(Ordinance 2024-10894, § 4, adopted 4/11/2024)
 
Water
Wastewater
Drainage
Roadway Service Area 1
Roadway Service Area 2
Roadway Service Area 3
Roadway Service Area 4
Roadway Service Area 5
Actual Cost of Service
$3,210
$2,177
$1.71
$718
$1,703
$195
$1,473
$6,992
Credited Maximum Cost per Service Unit
$2,756
$1,862
$1.64
$688
$1,610
$146
$1,419
$6,609
50% Credit to Actual Cost per Service Unit
$1,605
$1,088
$0.85
$359
$851
$97
$736
$3,496
(Ordinance 2024-10894, §4, adopted 4/11/2024)
 
Water
Wastewater
Drainage
Roadway Service Area 1
Roadway Service Area 2
Roadway Service Area 3
Roadway Service Area 4
Roadway Service Area 5
Adopted Impact Fee to be Collected Per Service Unit:
FOR ALL USES EXCEPT Multi Family and Manufacturing/ Warehouse/ Distribution Uses
$1,605
$1,088
$0.85
$500
$500
$146
$500
$500
Adopted Impact Fee to be Collected Per Service Unit:
FOR Multi Family and Manufacturing/ Warehouse/ Distribution Uses
$2,756
$1,862
$1.64
$688
$1,000
$146
$1,000
$1,000
(Ordinance 2024-10894, § 4, adopted 4/11/2024)