(A) Water Impact Fee Program. The City Council establishes the city’s Water Impact Fee Program by adopting:
(1) The area described in § 2.4 of the Impact Fee Study, attached to Ord. 14-1114 and on file in the office of the City Clerk, as the city’s water service area;
(2) The land use assumptions and capital improvements plan as adopted under Ord. 14-1109 (June 19, 2014); and
(3) A water impact fee of $3,220 per living unit equivalent (LUE) on new development within the water service area.
(B) Wastewater Impact Fee Program. The City Council establishes the city’s Wastewater Impact Fee Program by adopting:
(1) The area described in § 2.8 of the Impact Fee Study, attached to Ord. 14-1114 and on file in the office of the City Clerk, as the city’s wastewater service area;
(2) The land use assumptions and capital improvements plan as adopted under Ord. 14-1109 (June 19, 2014); and
(3) A wastewater impact fee of $1,149 per living unit equivalent (LUE) on new development within the wastewater service area.
(C) Assessment and collection of impact fees. Impact fees shall be assessed and collected in accordance with the provisions of the Tex. Loc. Gov’t Code, Ch. 395, as the same may be amended from time to time. The City Manager, or his or her designee, is hereby authorized to develop procedures and policies for assessment and collection of impact fees consistent with applicable law and the city’s ordinances, and to implement said procedures and policies in the administration of the city’s water and wastewater impact fee programs.
(D) New development platted before adoption of impact fees. For new development which is platted in accordance with Tex. Loc. Gov’t Code, Ch. 212, Subchapter A, or the subdivision or platting procedures of the city before the adoption of the impact fees set out in this section, the impact fees adopted by this section may not be collected on any service unit for which a valid building permit is issued within one year after the date of adoption of said impact fees.
(E) Collection of fee if services not available. Except as otherwise provided by law, impact fees required by this section may be assessed but may not be collected in areas where services are not currently available unless:
(1) The collection is made to pay for a capital improvement or facility expansion that has been identified in the Capital Improvements Plan and the city commits to commence construction within two years, under duly awarded and executed contracts or commitments of staff time covering substantially all of the work required to provide service, and to have the service available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event longer than five years;
(2) The city agrees that the owner of a new development may construct or finance the capital improvements or facility expansions and agrees that the costs incurred or funds advanced will be credited against the impact fees otherwise due from the new development or agrees to reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions, which fees shall be collected and reimbursed to the owner at the time the other new development records its plat; or
(3) An owner voluntarily requests the city to reserve capacity to serve future development, and the city and owner enter into a valid written agreement.
(F) Additional fees. After assessment of all impact fees attributable to the new development or execution of an agreement for payment of impact fees, additional impact fees or increases in fees may not be assessed against the tract for any reason, unless the number of service units to be developed on the tract increases. In the event of the increase in the number of service units, the impact fees to be imposed are limited to the amount attributable to the additional service units.
(G) Agreement with owner. This section does not prohibit the city from emerging into an agreement with the owner of a tract of land for which the plat has been recorded providing for the time and method of payments of the impact fees.
(H) Acceptance of fees. The city is under no obligation to accept offered impact fees. This section creates no obligation for the city to serve any property within the city.
(I) Imposition of additional fees. This section shall not limit the city’s authority to impose other or additional impact fees authorized by Tex. Loc. Gov’t Code, Ch. 395, or to impose taxes, fees, charges or assessments authorized by state law.
(J) Adopted by reference. The Impact Fee Study referenced above is attached to Ord. 14- 1114 as Attachment A, on file in the office of the City Clerk, and is hereby adopted by reference.
(K) Waiver or reduction of impact tees for affordable housing. The city may waive or reduce the impact fees under this section in accordance with the following provisions:
(1) The city may waive or reduce an impact fee for any service unit that would qualify as affordable housing under 42 U.S.C. § 12745, as amended, once the service unit is constructed. If a waiver is granted under this section, and affordable housing as defined by 42 U.S.C. § 12745, as amended, is not constructed, the city may assess an impact fee against the service unit at any time during the development approval or building process or after the building process, if an impact fee was not already assessed.
(2) An application for waiver or reduction under this division must be submitted to the city on a form promulgated by the Public Works Director. All applications submitted under this division shall include copies of documentary evidence to establish that the service unit will qualify as affordable housing under 42 U.S.C. § 12745, as amended, once the service unit is constructed.
(Ord. 14-1114, passed 8-14-2014; Ord. 19-1230, passed 9-5-2019)