For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AREA-RELATED FACILITY. A capital improvement or facility expansion which is designated in the Impact Fee Capital Improvements Plan and which is not a site-related facility. AREA-RELATED FACILITY may include a capital improvement, which is located offsite, within, or on the perimeter of the development site.
ASSESSMENT. The determination of the amount of the maximum credited impact fee per service unit that can be imposed on new development pursuant to this chapter.
CAPITAL IMPROVEMENT. Any wastewater facilities that have a life expectancy of three or more years and are owned and operated by or on behalf of the city.
CAPITAL IMPROVEMENTS PLAN. A plan approved by the City Council that identifies capital improvements or facility expansions for which impact fees may be assessed.
CHANGE OF USE. A new development involving a change in use or occupancy of any existing structure, with the exception of shell structures never previously occupied, that has the effect of increasing the number of service units beyond those attributable to the immediately preceding use, which requires the issuance of a new permit and which may include, but is not limited to, the reconstruction, redevelopment, conversion, structural alteration or enlargement of any structure.
CITY. The City of Harker Heights, Texas.
CITY COUNCIL. The City Council of the City of Harker Heights, Texas.
CITY MANAGER. The City Manager of the City of Harker Heights, Texas, or his or her designee.
DIRECTOR. The Public Works Director or the Director’s designee.
EFFECTIVE DATE. November 15, 2022.
EXTRATERRITORIAL JURISDICTION (ETJ). The extraterritorial range of the city’s authority outside corporate limits of the city.
FACILITY EXPANSION. The expansion of the capacity of any existing facility for the purpose of serving new development. The term does not include the repair, maintenance, modernization, or expansion of an existing facility to serve existing development.
FINAL PLAT. The map of a subdivision (and any required accompanying material per § 154.22 and § 154.26) which is presented to the city’s Planning and Zoning Commission, the City Council or authorized city staff for approval, and which, if approved, is recorded in the official public records of Bell County, Texas.
IMPACT FEE CAPITAL IMPROVEMENTS PLAN. The adopted plan for public infrastructure within the impact fee service area, as may be amended from time to time, which identifies the facilities 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 impact fees pursuant to this chapter.
LAND USE ASSUMPTIONS. The projections of growth and associated changes in land uses, densities and intensities for a service area adopted by the city, as may be amended from time to time, upon which the Impact Fee Capital Improvements Plan for the service area is based.
NEW DEVELOPMENT. An activity involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of land, which has the effect of increasing demand, measured by an increase in the number of the service units utilizing the city’s systems that are attributable to such activity, and which requires either the approval and filing of a plat, or a re-plat pursuant to the city’s subdivision regulations, or the issuance of a building permit, or a utility connection.
OWNER. An owner of real property who is subject to this chapter, or an agent, employee or representative thereof who is authorized to act on the real property owner’s behalf or a person who has paid an impact fee under this chapter.
PRELIMINARY PLAT. The map of the proposed layout of a subdivision (and any required accompanying material per § 154.21) which is presented to the Planning and Zoning Commission and City Council and is approved by the City Council.
SCHOOL DISTRICT. A public or private institution for the teaching of students.
SERVICE AREA. A geographic area within the city or within the city’s extraterritorial jurisdiction within which impact fees may be collected for new development occurring within such area. For purposes of this chapter, the area within in the portion of the city as illustrated and annotated in Exhibit A.
SERVICE UNIT. A standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards, for a particular category of capital improvements or facility expansions.
SERVICE UNIT EQUIVALENT (“SUE’s”). An equivalency factor, based on the demand associated with the smallest water meter used in the City of Harker Heights, Texas utility systems. SUE’s are utilized to establish the number of service units to be allocated to various meter sizes used in the City of Harker Heights, Texas.
SITE-RELATED FACILITY. An improvement or facility which is for the primary use or benefit of a new development and/or which is there for the primary purpose of safe and adequate provision of facilities to serve the new development and which is not included in the Impact Fee Capital Improvements Plan and for which the developer or owner is solely responsible under subdivision and other applicable regulations.
STUDY. Collectively, the impact fee report prepared by a registered professional engineer licensed in the State of Texas that is on file in the office of the City Secretary.
SYSTEM-RELATED FACILITY. A capital improvement or facility expansion which is designated in the capital improvements plan and which is not a site-related facility. This term may include a capital improvement which is located off-site or within or on the perimeter of the development site.
UTILITY CONNECTION. Connection of an individual meter to the city’s system, or an increase in the size of an existing meter.
WASTEWATER FACILITY. A wastewater interceptor or main, lift station or other facility or improvement used for providing wastewater collection and/or treatment included within the city’s wastewater system. This term includes land, easements or structures associated with such facilities. This term excludes a site-related facility.
(Ord. 2022-16, passed 3-8-22; Am. Ord. 2022-67, passed 11-15-22)