The following terms shall apply to this chapter as written unless context indicates or requires a different meaning.
ADVISORY COMMITTEE. The capital improvements advisory committee established by the city to perform the duties required by Tex. Local Gov’t Code Ch. 395, as amended.
AREA-RELATED FACILITY. A capital improvement or facility expansion which is designated in the impact fee capital improvements plan and which is not a site related facility. AREA-RELATED FACILITY may include a capital improvement which is located offsite, or within or on the perimeter of the development site.
ASSESSMENT. The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this chapter.
BUILDING PERMIT. Written permission issued by the city for the construction, repair, alteration or addition to a structure.
CAPITAL CONSTRUCTION COST OF SERVICE. Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs, including easement and land purchases, court awards and costs, attorney's fees, and expert witness fees, interest charges and other finance costs for bonds, notes or other obligations issued to finance capital improvements identified in the capital improvements plan, and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the city.
CAPITAL IMPROVEMENT. Either a roadway facility, a water facility or a wastewater facility, with a life expectancy of three or more years, to be owned and operated by or on behalf of the city.
CITY. The City of Cleburne, Texas.
CREDIT. The amount of the reduction of an impact fee due, determined under this chapter or pursuant to administrative guidelines that is equal to the value of area related facilities provided by a property owner pursuant to the city's subdivision or zoning regulations or requirements, for the same type of facility.
DEVELOPMENT AGREEMENT APPROVAL. An agreement between the city and a property owner, which provides for the payment of the obligations assessed under this chapter as agreed to by both parties.
FACILITY EXPANSION. The expansion of the capacity of an existing facility which services 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 the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development.
FINAL PLAT. The point at which the applicant has complied with all conditions of approval in accordance with the city's subdivision regulations and the plat has been filed with Johnson County.
GROWTH-RELATED COSTS. Capital construction costs related to providing additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities, and includes those items specified in Tex. Local Gov’t Code § 395.012. GROWTH-RELATED COSTS do not include:
(1) Construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan;
(2) Repair, operation, or maintenance of existing or new capital improvements or facility expansions;
(3) Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards;
(4) Upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development;
(5) Administrative and operating costs of the city; and
(6) Principal payments and interest or other finance charges on bonds or other indebtedness, except for such payments for growth-related facilities contained in the capital improvements plan.
IMPACT FEE. Either a fee for roadway facilities, a fee for water facilities or a fee for wastewater facilities imposed on new development by the city pursuant to this chapter in order to generate revenue to find or recoup the costs of capital improvements or facility expansion necessitated by and attributable to such new development. IMPACT FEES do not include the dedication of rights-of-way or easements for such facilities, or the construction of such improvements, imposed pursuant to the city's zoning or subdivision regulations.
IMPACT FEE CAPITAL IMPROVEMENTS PLAN. Either a roadway capital improvements plan, a water capital improvements plan or a wastewater capital improvements plan adopted or revised pursuant to this chapter and Tex. Local Gov’t Code, Ch. 395.
INDUSTRIAL USE. Any new development for an industrial use or any building containing such use(s), as defined in the city's Zoning Ordinance.
INSTITUTIONAL USE. New development to be used for a school, camp or church.
LAND USE ASSUMPTIONS. The projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the city, as may be amended and updated from time to time, upon which the capital improvements plans are based.
LAND USE EQUIVALENCY TABLE. A table converting the demands for capital improvements generated by various land uses to numbers of service units, as may be amended and updated from time to time.
MULTI-FAMILY USE. New development for use as multi-family dwellings under the city's zoning ordinance.
NEW DEVELOPMENT. A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the city's subdivision regulations, the issuance of a building permit, or connection to the city's water or wastewater system, and which has not been exempted from these regulations by provisions herein.
NON-RESIDENTIAL DEVELOPMENT. All new development which is not residential development.
OFFSET. The amount of the reduction of an impact fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the city’s subdivision regulations or requirements.
PLAT. Has the meaning given the term in the city's subdivision regulations. PLAT includes replat.
PLATTING. The act of preparing for approval and processing the plat for the new development. PLATTING includes replatting.
PROPERTY OWNER. Any person, group of persons, firm, corporation, governmental entity or any other legal entity having legal title to or sufficient proprietary interest in the property on which new development is to occur. Property owner includes the developer for the new development.
RECOUPMENT. The imposition of an impact fee to reimburse the city for capital improvements which the city has previously oversized to serve new development and is a part of the approved capital improvement plan.
RESIDENTIAL DEVELOPMENT. For purposes of calculating impact fees, a lot developed for use and occupancy as a residence or residences, according to the city's zoning ordinance.
RETAIL/COMMERCIAL/OFFICE USE. For purposes of calculating impact fees, a permitted use under the city's “CO,” “C1,” “C2,” “C3,” ”C4 Private Club Overlay District,” “Original Downtown Overlay District,” “Commercial/Industrial Overlay District” or a retail, commercial or office use within a Planned Development Zoning District under the City's Zoning Ordinance, or a commercial or office use on property zoned “M1,” “M2,” “IH,” “PD,” “Historic District Overlay” zoning district classification.
ROADWAY. Any freeway, expressway, principal or minor arterial or collector roadways designated in the city's adopted thoroughfare plan, as may be amended from time to time.
ROADWAY CAPITAL IMPROVEMENTS PLAN. The adopted plan, as may be amended and updated from time to time, which identifies the roadway facilities or roadway expansions and their costs for each road service area, which are necessitated by and which are attributable to new development, for a period not to exceed ten years, which are to be financed in whole or in part through the imposition of road facilities fees pursuant to this chapter.
ROADWAY FACILITY. 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; street lighting or curbs. ROADWAY FACILITY also includes any improvement or appurtenance to an intersection with a roadway officially enumerated in the Federal or Texas highway system. The term includes the city’s share of costs for roadways and associated improvements designated on the Federal or Texas highway system, including 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 site-related facilities.
ROADWAY FACILITY EXPANSION. Expansion of the capacity of any existing roadway improvement for the purpose of service to new development, not including the repair, maintenance, modernization or expansion of the existing roadway facility to serve existing development. Service area means the areas within the boundaries of the city to be served by the improvements or facility expansion specified in the capital improvements plan.
SERVICE AREA. Either a roadway service area, a water service area or wastewater service area within the city and, except for roadway facilities, within the city's extraterritorial jurisdiction, within which impact fees for capital improvements or facility expansion will be collected for new development occurring within such area and within which fees so collected will be expended for those types of improvements or expansions identified in the type of capital improvements plan applicable to the service area.
SERVICE UNIT. The applicable standard units of measure shown on the land use equivalency table in the impact fees capital improvements plan which can be converted to vehicle miles in p.m. peak hour, for roadway facilities, or three-fourths (3/4”) inch water meter equivalents, for water or for wastewater facilities, which serves as the standardized measure of consumption, use or generation attributable to the new unit of development.
SITE-RELATED FACILITY. An improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of roadway, water or wastewater facilities to serve the new development, and which is not included in the impact fees capital improvements plan and for which the property owner is solely responsible under subdivision or other applicable development regulations.
SYSTEM-RELATED FACILITY. A capital improvement or facility expansion which is designated in the capital improvements plan and which is not a site-related facility.
UNIT COST(S). The amount(s) identified in the capital improvements plan, as the value of each unit of measurement used for a particular capital improvement.
UTILITY CONNECTION. Installation of a water meter for connecting a new development to the city's water and/or wastewater system, or connection to the city's wastewater system.
WASTEWATER CAPITAL IMPROVEMENTS PLAN. The adopted plan, as may be amended and updated from time to time, which identifies the wastewater facilities or wastewater expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of wastewater facilities fees pursuant to this chapter.
WASTEWATER FACILITY. A wastewater interceptor or main, lift station or other facility included within and comprising an integral component of the city's collection system for wastewater. WASTEWATER FACILITY includes land, easements or structures associated with such facilities. WASTEWATER FACILITY excludes a site-related facility.
WASTEWATER FACILITY EXPANSION. The expansion of the capacity of any existing wastewater improvement for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing sewer facility to serve existing development.
WATER FACILITY. A water interceptor or 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. WATER FACILITY excludes site-related facilities.
WATER FACILITY EXPANSION. The expansion of the capacity of any existing water facility for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing water improvement to serve existing development.
WATER IMPROVEMENTS PLAN. The adopted plan, as may be amended and updated from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of water facilities impact fees pursuant to this chapter.
WATER METER. A device for measuring the flow of water to a development, building or residence, whether for domestic or for irrigation purposes.
(Ord. 05-2018-36, passed 5-8-18)