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The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ADVISORY COMMITTEE. The city’s capital improvements plan advisory committee, originally appointed by Res. 1487.
ASSESSMENT. The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this division.
BENEFIT AREA. Either a water benefit area established pursuant to Subdivision II of this division or a wastewater benefit area established pursuant to Subdivision III of this division, within the city and the city’s extraterritorial jurisdiction, within which impact fees for capital improvements or facility expansions will be collected for new development occurring within such area and within which fees so collected will be expended for those improvements or expansions identified in the capital improvements plan applicable to the benefit area for that category of capital improvement.
CAPITAL IMPROVEMENT. Either 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 Fort Worth, Texas.
CREDIT. The amount determined under this division by which a wastewater impact fee is reduced as a result of the payment of wastewater system access fees imposed pursuant to § 35-58.1 of the city code by a new development prior to the effective date of this division. CREDIT does not include a reduction in the amount of an impact fee due for payment of connection charges defined in § 35-57 of the city code or for payment of front foot charges pursuant to § 35-58 of the city code.
FACILITY EXPANSION. Either a water facility expansion or a wastewater facility expansion.
FINAL PLAT RECORDATION. The filing of the final plat with Tarrant County following compliance with all conditions of approval pursuant to the city’s subdivision regulations.
IMPACT FEE. Either a fee for water facilities or a fee for wastewater facilities imposed on new development by the city pursuant to this division in order to generate revenue to fund 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. IMPACT FEES also do not include connection charges defined in § 35-57 of the city code or front footage charges for wastewater and water lines imposed pursuant to § 35-58 of the city code.
IMPACT FEE CAPITAL IMPROVEMENTS PLAN. Either a water capital improvements plan or a wastewater capital improvements plan adopted or revised pursuant to this division.
LAND USE ASSUMPTIONS. The projections of population and employment growth within the benefit area adopted by the city, as may be amended from time to time, upon which the capital improvements plans are based.
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 compliance with these regulations by provisions herein or by schedules attached hereto. Said schedules are not set out herein, but are on file and available for inspection in the office of the city clerk.
PLAT. The plan or map for the subdivision to be filed for record in Tarrant County. PLAT includes replat.
PLATTING. The act of preparing for approval and processing the plan or map for the subdivision to be filed for record in Tarrant County, pursuant to the city’s subdivision regulations. PLATTING includes replatting.
PROPERTY OWNER. Any person, group of persons, firm, corporation 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.
SERVICE UNIT. One equivalent meter unit, which is the standardized measure of consumption, use or generation of wastewater or water facilities equivalent to the consumption, use or generation of such facilities attributable to a single-family dwelling unit utilizing a three-fourth-inch water meter.
UTILITY CONNECTION. The physical connection of the new development to the city’s water system or to the city’s wastewater system.
WASTEWATER FACILITY. Land or easements and improvements associated with wastewater treatment facilities, whether or not such facilities are owned and operated by the city or in behalf of the city. WASTEWATER FACILITY excludes wastewater collection mains and facilities.
WASTEWATER FACILITY EXPANSION. The expansion of the capacity of any existing wastewater facility for the purpose of serving new development, but does not include the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development.
WASTEWATER CAPITAL IMPROVEMENTS PLAN. The adopted plan, as may be amended from time to time, which identifies the wastewater facilities or wastewater facilities 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 impact fees pursuant to this division.
WATER FACILITY. Land or easements or improvements associated with water treatment facilities, water storage and water pumping facilities. WATER FACILITY excludes water distribution mains and 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 CAPITAL IMPROVEMENTS PLAN. The adopted plan, as may be amended from time to time, which identifies the water facilities or water facilities 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 impact fees pursuant to this division.
(Ord. 10601, § 1(1.04), passed 6-5-1990)
The provisions of this division apply to all new development within the corporate boundaries of the city and its extraterritorial jurisdiction which lies within the benefit area. The provisions of this division apply uniformly within each benefit area.
(Ord. 10601, § 1(1.05), passed 6-5-1990)
No final plat or replat for new development shall be approved within the benefit area for recording without assessment of an impact fee pursuant to this division, and no building permit shall be issued nor shall any utility connection be made until the applicant has paid the impact fee imposed by and calculated herein.
(Ord. 10601, § 1(1.06), passed 6-5-1990)
(a) The land use assumptions for water facilities are attached hereto as Exhibit “A” and are incorporated herein by reference.
(b) The land use assumptions for wastewater facilities are attached hereto as Exhibit “B” and are incorporated herein by reference.
(c) The land use assumptions for the benefit area shall be updated utilizing the amendment procedure set forth in § 35-70.13.
(Ord. 10601, § 1(1.07), passed 6-5-1990; Ord. 11328, §§ 1, 2, passed 6-1-1993; Ord. 13810, §§ 1, 2, passed 5-25-1999; Ord. 15745, §§ 1, 2, passed 11-11-2003; Ord. 15982, §§ 1, 2, passed 5-18-2004; Ord. 18518-03-2009, §§ 1, 2, passed 3-24-2009; Ord. 20406-09-2012, §§ 1, 2, passed 9-18-2012, eff. 1-1-2013; Ord. 22525-12-2016, §§ 1, 2, passed 12-6-2016, eff. 4-1-2017; Ord. 25101- 09-2021, §§ 1, 2, passed 9-21-2021, eff. 1-1-2022)
Editor’s note:
Exhibits “A” and “B,” as referenced in subsections (a) and (b), are not set out herein, but are on file and available for inspection in the office of the city clerk.
(a) Maximum impact fees per service unit shall be calculated for wastewater facilities within the wastewater benefit area and for water facilities within the water benefit area and shall be the amount set forth in Schedule 1, attached hereto and made a part of this division by reference.
(b) The impact fee per service unit for each category of capital improvements, which is to be paid by each new development within the benefit area, shall be that established by the city council, as may be amended from time to time, and shall be not more than the maximum impact fee per service unit established in subsection (a) above. Impact fees which are to be paid shall be as set forth in Schedule 2, attached hereto and made a part of this division by reference.
(c) Impact fee Schedules 1 and 2 may be amended from time to time utilizing the amendment procedure set forth in § 35-70.13.
(Ord. 10601, § 1(1.08), passed 6-5-1990; Ord. 10871, § 2, passed 7-2-1991; Ord. 11328, §§ 3, 4, passed 6-1-1993; Ord. 13810, §§ 3, 4, passed 5-25-1999; Ord. 15745, §§ 3, 4, passed 11-11-2003, Ord. 15982, §§ 3, 4, passed 5-18-2004; Ord. 16648, §§ 1, 2, passed 10-11-2005; Ord. 18593-05-2009, §§ 1, 2, passed 5-5-2009, eff. 6-1-2009; Ord. 20406-09-2012, §§ 3, 4, passed 9-18-2012, eff. 1-1-2013; Ord. 22525-12-2016, §§ 3, 4, passed 12-6-2016, eff. 4-1-2017; Ord. 25101-09-2021, §§ 3, 4, passed 9-21-2021, eff. 1-1-2022)
(a) Assessment of the impact fee for any new development shall be made as follows.
(1) For a development which is submitted for approval pursuant to the city’s subdivision regulations following the effective date of this division, assessment shall occur at the time of final plat recordation, and shall be the amount of the maximum impact fee per service unit then in effect, as set forth in Schedule 1. The city, in its sole discretion, may provide the subdivider with a copy of Schedule 1 prior to final plat approval, but such shall not constitute assessment within the meaning of this division.
(2) For a development which has received final plat approval prior to the effective date of this division, for which no replatting is necessary prior to issuance of a building permit, and which plat has been recorded with Tarrant County, or for lots which predate the city’s subdivision regulations and which are exempt from platting requirements, assessment shall occur on the effective date of this division, and shall be the amount of the maximum impact fee per service unit set forth in Schedule 1.
(b) Following assessment of the impact fee for a new development pursuant to subsection (a) above, the amount of the impact fee 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, in which case the impact fee will be reassessed at the Schedule 1 rate then in effect.
(Ord. 10601, § 1(1.09), passed 6-5-1990)
(a) The impact fees due for the new development shall be collected as follows:
(1) For land located within the city limits, at the time that the building permit is issued; or
(2) For property platted outside of the city limits, at the time an application for an individual meter connection to the city’s water or wastewater system is filed.
(b) Following the filing and acceptance of an application for a building permit or the request for connection to the city’s water or wastewater system, the city shall compute the impact fees due for the new development in the following manner.
(1) The amount of each impact fee due shall be determined by multiplying the number of service units generated by the new development by the impact fee due per service unit for the benefit area using the schedule then in effect.
(2) The amount of each impact fee due shall be reduced by any allowable credits for that category of capital improvements, in the manner provided in § 35-70.7.
(c) The amount of each impact fee due for a new development shall not exceed an amount computed by multiplying the maximum impact fee per service unit under Schedule 1 by the number of service units generated by the development.
(d) If the building permit for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fees due shall be computed using Schedule 2 then in effect, and previous payments of impact fees shall be credited against the new fees due.
(e) 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 Schedule 2 then in effect, and such additional fee shall be collected either prior to or at the time of issuance of a new building permit, or prior to or at the time of the connection to the city’s water or wastewater system, or enlargement of such connection.
(Ord. 10601, § 1(1.10), passed 6-5-1990; Ord. 10871, § 1, passed 7-2-1991; Ord. 14759, § 1, passed 8-28-2001; Ord. 22525-12-2016, § 9, passed 12-6-2016, eff. 4-1-2017)
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