(a) Assessment of the impact fee for any new development shall be made as follows.
(1) For land first made subject to an impact fee upon adoption of the original or a subsequent transportation impact fee ordinance, and which land was finally platted before the effective date of such ordinance, assessment shall occur on the effective date of the original or subsequent transportation impact fee ordinance, as the case may be, and shall be the amount of the maximum impact fee per service unit established by such original or subsequent ordinance, as set forth in Schedule 1 thereof.
(2) For land which is unplatted at the time of application for a building permit, and for which no plat is necessary pursuant to the city's subdivision regulations prior to development, assessment of transportation impact fees shall occur at the time application is made for the building permit, and shall be the amount of the maximum impact fee per service unit as set forth in Schedule 1 then in effect.
(3) For a new development which is submitted for approval pursuant to the city's subdivision regulations on or after the effective date of this article, or for which replatting results in an increase in the number of service units after such date, assessment of impact fees shall be at the time of final plat approval, and shall be the amount of the maximum impact fee per service unit as set forth in Schedule 1 then in effect.
(b) Following assessment of the impact fee, 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 at the Schedule 1 rate then in effect for such additional service units.
(c) Following the submittal of any replat that results in an increase in the number of service units, a new assessment must be made in accordance with § 30-172(a) and (b).
(d) Approval of an amending plat pursuant to Tex. Local Government Code §212.016 and the city's subdivision regulations is not subject to reassessment for an impact fee.
(Ord. 18083, § 1(1-13), passed 5-13-2008, eff. 7-1-2008; Ord. 20605-02-2013, § 5, passed 2-5-2013, eff. 4-1-2013; Ord. 25810-10-2022, § 2, passed 10-25-2022, eff. 11-1-2022)