(A) Following the filing and acceptance of a written application for building permit or utility connection, the city shall compute the impact fee due in the following manner:
(1) The number of service units shall be determined by using the service unit/SUE tables in Exhibit C to calculate impact fees as applicable.
(2) Service units shall then be multiplied by the applicable impact fees as depicted in Exhibit C.
(3) The amount of each impact fee shall be reduced by any allowable offsets or credits for that category of capital improvements, in the manner provided in § 55.41.
(B) The amount of impact fees due for new development shall not exceed the amount computed by multiplying the assessed fee for service units generated by the development as by the applicable impact fee(s) in Exhibit C. The amount of impact fee due for redevelopment shall not exceed the amount computed by multiplying the appropriate fees for services by the net increase in service units generated by the redevelopment.
(C) The developer may submit, or the Director may require the submission of, a study prepared by a professional engineer licensed in the State of Texas that clearly indicates the number of service units which will be consumed or generated by the new development. The Director will review the information for completeness and conformity with generally accepted engineering practices and will, when satisfied with the completeness and conformity of the study, multiply the number of service units determined by the study by the impact fee per service unit contained in Exhibit C to determine the total impact fee to be collected for the development.
(D) Whenever the owner increases the number of service units for a development, the additional impact fees collected for such new service units shall be determined based on Exhibit C then in effect and shall be collected at issuance of building permits or, as applicable, when water meters are purchased.
(E) In the event the owner decreases the number of service units for a development, the owner shall be entitled to a refund of the impact fee or impact fees actually paid, but only for the amounts represented by the decrease in service units based on the assessed fees applicable at the time the fees were paid.
(F) If the building permit for the property on which an impact fee is paid has expired and a new application for a building permit is thereafter filed for the identical property and the identical number of service units, the impact fee previously paid satisfies the requirements of this chapter, unless the earlier impact fee was refunded to the applicant at the expiration of the previously-issued building permit, or is otherwise refunded.
(G) The impact fee shall attach to the property for which the impact fee was paid and shall not be transferable to other properties or service units.
(H) No building permit or utility connection shall be issued if the applicant cannot verify payment to the city of the appropriate impact fees and other applicable fees, or if existing facilities do not have actual capacity to provide service to the new connection(s), except for those entities that are exempted from impact fees as are specifically set forth in Tex. Loc. Gov’t Code, Ch. 395.
(I) All matters pertaining to the enforcement, assessment, computation, or collection of impact fees provided for herein shall be determined by the Director.
(Ord. 2022-16, passed 3-8-22
; Am. Ord. 2022-67, passed 11-15-22)