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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)
(a) For any new development which has received final plat approval in accordance with Tex. Local Government Code Chapter 212, or pursuant to the city’s subdivision regulations, or for which an application for final approval has been made, prior to the effective date of this division, the city may assess, but shall not collect any water impact fee as herein defined, on any service unit for which a valid building permit is issued within one year subsequent to the effective date of this division.
(b) If the building permit, which is obtained within the period provided for in subsection (a) above subsequently expires, and no new application for a building permit is approved within such period, the new development shall be subject to the payment of an impact fee, as provided in § 35-70.5.
(Ord. 10601, § 1(1.11), passed 6-5-1990)
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