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(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)
A property owner who has paid a wastewater system facility access fee may reduce the amount of a wastewater impact fee due for a new development on that lot or tract by the amount of the access fee paid, following written request and approval by the city, provided that no construction has occurred on the lot or tract and that no utility connection has been made.
(Ord. 10601, § 1(1.12), passed 6-5-1990)
(a) The city shall establish an account to which interest is allocated for each benefit area for each type of capital facility for which an impact fee is imposed pursuant to this division. Each impact fee collected within the benefit area shall be deposited in such account.
(b) Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be issued solely for the purposes authorized in § 35-70.9.
(c) The city shall establish adequate financial and accounting controls to assure that impact fees disbursed from the account are utilized solely for the purposes authorized in § 35-70.9. 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 division; provided, however, that funds shall be expended within a reasonable period of time, but not to exceed ten years from the date that an impact fee has been paid.
(d) The city 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 benefit area. The records of such accounts shall be open for public inspection and copying during ordinary business hours.
(Ord. 10601, § 1(1.13), passed 6-5-1990)
(a) The impact fees collected for each benefit area pursuant to this division may be used to finance or to recoup the costs of any capital improvements or facility expansion identified in the applicable capital improvements plan for the benefit area, including, but not limited to, the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney’s fees and expert witness fees). Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvements or facility expansion.
(b) Impact fees collected pursuant to this division shall not be used to pay for any of the following expenses:
(1) Construction, acquisition or expansion of capital improvements other than those identified in the applicable capital improvements plan;
(2) Repair, operation or maintenance of any capital improvements or facility expansion;
(3) Upgrade, expansion or replacement of existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
(4) Upgrade, expansion or replacement of existing capital improvements to provide better service to existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or
(5) Administrative and operating costs of the city.
(Ord. 10601, § 1(1.14), passed 6-5-1990)
(a) The property owner or applicant for new development may appeal the following decisions to the city council:
(1) The applicability of an impact fee to the development;
(2) The amount of the impact fee due;
(3) The denial of or determination of the amount of a credit;
(4) The application of a credit against an impact fee due; and
(5) The amount of a refund due, if any.
(b) The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining credits.
(c) The appellant must file a written notice of appeal with the city within 30 days following the decision. The development application may be processed while the appeal is pending, if the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the original determination of the impact fee due.
(Ord. 10601, § 1(1.15), passed 6-5-1990)
(a) Upon application, any impact fee or portion thereof collected pursuant to this division, which has not been expended within the benefit area within ten years from the date of payment, shall be refunded, upon application, 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 Tex. Revised Statutes Article 1.03, Title 79 (V.T.C.S. Article 5069-1.03, Vernon’s Texas Civil Statutes), or its successor statute. An impact fee shall be considered as expended on a first-in, first-out basis.
(b) An impact fee collected pursuant to this division shall also be considered expended if, within ten years following the date of payment, the total expenditures for capital improvements or facility expansion authorized in § 35-70.9 within the benefit area exceeds the total fees collected within the benefit area for such improvements or expansions during such period.
(c) If a refund is due pursuant to subsections (a) and (b) above, the city shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the benefit 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.
(d) Upon completion of all the capital improvements or facility expansion identified in the capital improvements plan for the benefit area, the city shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the city shall refund the difference, if such difference exceeds the impact fee paid per service unit by more than 10%. If the difference is less than 10%, no refund shall be due. The refund to the record owner shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.
(Ord. 10601, § 1(1.16), passed 6-5-1990)
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