§ 150.02  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADVISORY COMMITTEE.  The Planning and Zoning Commission and other members as appointed by the City Council.
   ASSESSMENT.  The determination of the amount of the maximum impact fees per service unit which can be imposed on new development pursuant to this subchapter.
   CAPITAL IMPROVEMENT.  Any of the following facilities that have a life expectancy of three or more years and are owned and operated by or on behalf of the city: water supply, treatment and distribution facilities; wastewater collection and treatment facilities; and storm water, drainage and flood control facilities; whether or not they are located within the service area.
   CAPITAL IMPROVEMENTS PLAN.  A plan contemplated by this subchapter that identifies capital improvements or facility expansions for which impact fees may be assessed.
   CITY.  The City of Heath, Texas.
   CREDIT.  The amount of the reduction of an impact fee for fees, payments or charges for or construction of the same type of facility.
   FACILITY EXPANSION.  The expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. This term does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.
   FINAL PLAT APPROVAL or APPROVAL OF A FINAL PLAT.  The point at which the applicant has complied with all conditions of approval and the plat has been released for filing with the County Clerk.
   IMPACT FEE.  A charge or assessment imposed as set forth in this subchapter against new development. The term does not include:
      (1)   Required dedications of land for public parks or payments in lieu thereof;
      (2)   Dedication of rights-of-way or easements or construction or dedication of on-site water distribution, wastewater collection or drainage facilities, or streets, sidewalks or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development;
      (3)   Construction of, contributions to or dedications of off-site roadway facilities agreed to or required by a valid city ordinance as a condition of development approval pursuant to Tex. Local Gov’t. Code, § 395.023; or
      (4)   Lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines.
   LAND USE ASSUMPTIONS.  A description of the service area and the projections of changes in land uses, densities, intensities and population in the service area over at least a ten-year period which has been adopted by the city and upon which the capital improvements plan is based.
   NEW DEVELOPMENT.  The subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of a structure; or any use or extension of the use of land; any of which increases the number of service units.
   OFF-SITE.  Located entirely on property which is not included within the bounds of the plat being considered for impact fee assessment.
   ON-SITE.  Located at least partially on the plat which is being considered for impact fee assessment.
   ROADWAY FACILITIES.  Arterial or collector streets or roads that have been designated on the city’s officially adopted roadway plan, together with all necessary appurtenances. The term does not include any roadways or associated improvements designated on the federal or Texas Highway system. The term includes but is not limited to interests in land, traffic lanes, curbs, gutters, intersection improvements, traffic control devices, turn lanes, drainage facilities associated with the roadway or street lighting.
   SERVICE AREA.  For water supply, treatment and distribution facilities, wastewater collection and treatment: the entire area within the corporate limits of the city and that portion of the city’s extraterritorial jurisdiction only upon its annexation by the city.
   SERVICE UNIT.  For the purpose of impact fee assessment is a single-family living unit equivalent.
   SANITARY SEWER FACILITY.  An improvement for providing wastewater collection and treatment, including, but not limited to, land or easements, treatment facilities, lift stations or interceptor mains. SANITARY SEWER FACILITY excludes sanitary sewer lines or mains which are constructed by developers, the costs of which are reimbursed from pro rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of the facility.
   WATER FACILITY.  An improvement for providing water supply, treatment and distribution service, including, but not limited to, land or easements, water treatment facilities, water supply facilities or water distribution lines. WATER FACILITY excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from pro rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility.
(2005 Code, § 7-1-2)  (Ord. 900904, passed 9-4-1990)