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(a) Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the city council to determine whether any duty required by this division, other than those matters which may be appealed pursuant to § 35-70.10, has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the duty be performed within 60 days of the request. If the city council determines that the duty is required pursuant to this division and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion.
(b) The city council may grant a variance from any requirement of this division, upon written request by a property owner subject to this division, following a public hearing, and only upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property.
(c) If the city council grants a variance that reduces the amount of the impact fee due for a new development under this division, it shall cause to be appropriated from other city funds the amount of the reduction in the impact fee and deposit such funds in the account for the benefit area in which the property is located.
(Ord. 10601, § 1(1.21), passed 6-5-1990)
Any building permit application which was duly accepted for filing prior to the effective date of this division and which is subsequently granted, shall be exempt from the assessment and payment of an impact fee, unless such application thereafter expires.
(Ord. 10601, § 1(1.22), passed 6-5-1990)
(a) There is hereby established a water benefit area, constituting the city and its extraterritorial jurisdiction, as depicted on Exhibit “C” attached hereto and incorporated herein by reference.
(b) The boundaries of the water benefit area may be amended from time to time, or new water benefit areas may be delineated, pursuant to the procedures in § 35-70.13.
(Ord. 10601, § 1(2.01), passed 6-5-1990; Ord. 11328, § 5, passed 6-1-1993; Ord. 13810, § 5, passed 5-25-1999; Ord. 15745, § 5, passed 11-11-2003; Ord. 15982, § 5, passed 5-18-2004; Ord. 18518-03-2009, § 3, passed 3-24-2009; Ord. 20406-09-2012, § 5, passed 9-18-2012, eff. 1-1-2013; Ord. 22525-12-2016, § 5, passed 12-6-2016, eff. 4-1-2017; Ord. 25101-09-2021, §§ 3, 4, passed 9-21-2021, eff. 1-1-2022)
Editor’s note:
Exhibit “C,” as referenced in subsection (a), is not set out herein, but is on file and available for inspection in the office of the city clerk.
(a) The water improvements plan for the City of Fort Worth is hereby adopted as Exhibit “D” attached hereto and incorporated by reference herein.
(b) The water improvements plan may be amended from time to time, pursuant to the procedures in § 35-70.13.
(Ord. 10601, § 1(2.02), passed 6-5-1990; Ord. 11328, § 6, passed 6-1-1993; Ord. 13810, § 6, passed 5-25-1999; Ord. 15745, § 6, passed 11-11-2003, Ord. 15982, § 6, passed 5-18-2004; Ord. 18518-03-2009, § 4, passed 3-24-2009; Ord. 18593-05-2009, § 3, 2, passed 5-5-2009, eff. 6-1-2009; Ord. 20406-09-2012, § 6, passed 9-18-2012, eff. 1-1-2013; Ord. 22525-12-2016, § 6, passed 12-6-2016, eff. 4-1-2017; Ord. 25101-09-2021, §§ 3, 4, passed 9-21-2021, eff. 1-1-2022)
Editor’s note:
Exhibit “D,” as referenced in subsection (a), is not set out herein, but is on file and available for inspection in the office of the city clerk.
(a) The maximum impact fees per water meter for water facilities are hereby adopted and incorporated in Schedule 1 attached hereto and made a part hereof by reference.
(b) The impact fees per service unit for water facilities, which are to be paid by each new development, are hereby adopted and incorporated in Schedule 2 attached hereto and made a part hereof by reference.
(c) The impact fees per service unit for water facilities may be amended from time to time, pursuant to the procedures in § 35-70.13.
(Ord. 10601, § 1(2.03), passed 6-5-1990; 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)
If the property owner of any existing development within the benefit area requests enlargement of a water meter presently serving the development, and no new development is to occur on the property, the owner shall pay the fee prescribed by § 35-70.5 for the increase in size of the meter prior to installation of the enlarged meter.
(Ord. 10601, § 1(2.04), passed 6-5-1990)
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