§ 51.85  GENERAL PROVISIONS.
   (A)   Short title. This subchapter shall be known and cited as the City of Parker Water Impact Fee subchapter.
   (B)   Purpose. The purpose of this subchapter is to help ensure that adequate water facilities are available to serve new growth and development, and to provide for new growth and development to bear a proportionate share of the cost of water and wastewater facilities that serve the new growth and development.
   (C)   Authority; implementing guidelines.
      (1)   This subchapter is adopted pursuant to Tex. Local Gov’t Code Ch. 395.
      (2)   Guidelines to implement and administer this subchapter may be developed and approved by ordinance or resolution of the City Council.
   (D)   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 Capital Improvements Advisory Committee on impact fees in accordance with Tex. Local Gov’t Code Ch. 395.
      CAPITAL IMPROVEMENT. A water facility with a life expectancy of 3 or more years that is owned and operated by or on behalf of the city, whether or not the facility is within the impact fee service area.
      CAPITAL IMPROVEMENT PLAN. The plan approved by the City Council which describes the water capital improvements or facility expansions and their costs which are necessitated by and attributable to development in the impact fee service area based on the approved land use assumptions. The initial capital improvements plan is the Capital Improvements Plan and Report for Water Impact Fees prepared for the city by Birkhoff, Hendricks, and Carter, LLP, which was approved by the City Council by resolution dated January 9, 2017.
      CITY. The City of Parker, Texas.
      DEVELOPMENT. The subdivision of land, or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of the use of land, any of which increases the number of service units that may be used on the land or in conjunction with the structure. DEVELOPMENT includes the conversion of an existing use from on-site water facilities to the use of city water facilities.
      FACILITY EXPANSION. An expansion of the capacity of any existing water facility for the purpose of serving development; it does not include the repair, maintenance, modernization, or expansion of an existing water facility to the extent it serves existing development.
      IMPACT FEE. A fee for water facilities imposed on development in order to generate revenue to fund or recoup the costs of capital improvements or facility expansions necessitated by and attributable to the development. IMPACT FEE does not include:
         (a)   The dedication of rights-of-way or easements for water facilities;
         (b)   Construction or dedication of on-site or off-site water facilities under the city's subdivision or other regulations;
         (c)   Fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water facilities;
         (d)   Pro rata fees for reimbursement of the costs for extending city water; or
         (e)   Charges for water services to a wholesale customer such as a water district, political subdivision of the state, or other wholesale utility customer.
      IMPACT FEE RATE. The amount of the impact fee living unit.
      IMPACT FEE SERVICE AREA. The area designated in the Water Impact Fee Report adopted by the City Council by resolution on January 9, 2017 and adopted herein by reference within which impact fees will be collected in connection with development, and for which impact fees will be expended for capital improvements or facility expansions.
      LAND USE ASSUMPTIONS. A report describing the impact fee service area and projections of changes in land uses, densities, intensities, and population in the service area. The initial land use assumptions are contained in the report on land use assumptions for the implementation of water impact fees prepared for the city by Birkhoff, Hendricks, and Carter, LLP, which was approved by the City Council by resolution dated January 9, 2017.
      PROPERTY OWNER. Any person, corporation, legal entity or agent thereof having a legal or equitable interest in the land for which an impact fee becomes due. PROPERTY OWNER includes the developer for a development.
      SERVICE UNIT. The applicable standard units of measure shown on the land use equivalency table in the Impact Fees Capital Improvements Plan which can be converted to water meter equivalents, for water facilities, which serves as the standardized measure of consumption, use or generation attributable to the new unit of development. For roadway facilities, the service unit is converted vehicle miles.
      WATER FACILITY. Water meter interceptor or main, pump station, storage tank or other facility included within and comprising an integral component of the city's water storage or distribution system. WATER FACILITY includes land, easements or structures associated with such facilities. WATER FACILITY excludes site-related facilities.
   (E)   Water impact fee service area; applicability of article.
      (1)   The water impact fee service area is depicted on a map included in the Water Impact Fee Report prepared for the city by Birkhoff, Hendricks, and Carter, LLP. A copy of this map shall be retained on file at City Hall.
      (2)   This subchapter applies to all development within the impact fee service area. The provisions of this subchapter shall apply uniformly within the impact fee service area.
   (F)   Land use assumptions and Capital Improvements Plan.
      (1)   The land use assumptions are incorporated by reference in this subchapter.
      (2)   The Capital Improvements Plan is incorporated by reference in this subchapter.
   (G)   Impact fees in relation to other fees and development regulations.
      (1)   Impact fees established by this subchapter are in addition to water and wastewater meter, tap, or connection fees.
      (2)   For each development to which impact fees apply, the payment of impact fees as described in this subchapter will constitute a condition of plat, construction permit, utility connection and other development approvals.
      (3)   This subchapter shall not affect the permissible uses of property, the density of development, public improvement standards and requirements, or any other aspect of city development regulations.
   (H)   Functions of Advisory Committee. The Advisory Committee may perform the following functions:
      (1)   Advise and assist the City Council and city staff in reviewing, adopting and updating the land use assumptions and the Capital Improvements Plan;
      (2)   File written comments on the land use assumptions and the Capital Improvements Plan;
      (3)   Monitor and evaluate implementation of the Capital Improvements Plan;
      (4)   Advise the city of the need to update or revise the land use assumptions, Capital Improvements Plan and impact fees; and
      (5)   File periodic reports evaluating the progress of the Capital Improvements Plan and identifying perceived inequities in implementing the Plan or administering the impact fees.
   (I)   Updates to plans and revision of fees.
      (1)   The city shall update the land use assumptions and Capital Improvements Plan at least every 10 years, and shall recalculate the maximum impact fee rates based on the update, unless the City Council determines that an update is not needed under division (I)(3). The initial 10-year period will run from the January 9, 2017 date of the City Council's adoption of the Capital Improvements Plan.
      (2)   The city may review its land use assumptions, impact fees, Capital Improvements Plan and other factors such as market conditions more frequently than provided in division (I)(1) to determine whether the land use assumptions and Capital Improvements Plan should be updated and the maximum impact fee rates recalculated.
      (3)   If the City Council determines that no changes to the land use assumptions, Capital Improvements Plan or impact fees are needed at the time an update is required under division (I)(1), the Council will provide notice of this determination as described in Tex. Local Gov’t Code § 395.0575. If no person submits a timely request for an update of the land use assumptions, Capital Improvements Plan or impact fee, no update will be necessary.
      (4)   The City Council may amend the actual impact fee rates herein at any time without revising the land use assumptions and Capital Improvements Plan. The actual impact fee rates may not, however, exceed the maximum impact fee rates established herein.
(Ord. 746, passed 4-4-2017)