The purpose of this subchapter is to impose storm drainage platting fees on real property to recover the platted or replatted developed real property’s proportionate share of the costs to expand and sustain storm water drainage systems. The city shall recover 50% of the cost for the development of storm water drainage systems and regional detention facilities from all developing property as follows:
(a) The city shall determine and update annually the cost recovery per acre separating the Drainage System Cost Recovery (cost for the development of storm drainage systems) from the Regional Detention Charge (cost of land acquisition for regional detention facilities).
(b) The cost recovery shall, at a minimum, consider type of land use and runoff to calculate the Drainage System Cost Recovery (DSCR) platting fee per classification indicated in Table IV and Regional Detention Charge (RDC) platting fee per classification indicated in Table V.
(c) This subchapter incorporates the Development Area Maps as set forth in the city’s comprehensive plan.
(d) (1) For platted or replatted real property located in Tier I or Tier II of the city’s comprehensive plan the DSCR platting and RDC platting fee shall be paid prior to approval of any plat or replat.
(2) For platted or replatted real property located outside of Tier I and Tier II but within the joint jurisdiction area of the city’s comprehensive plan detailed in subsection (c), the owner may defer payment of the DSCR platting and RDC platting fees. Any deferred payment of the DSCR platting and RDC platting fees shall be due and payable for the platted or replatted property at the earliest of:
A. Annexation of such platted or replatted real property or such platted or replatted real property’s location within Tier I or Tier II; or
B. The owner’s application or request for a re-zoning or other required city conditional use permit or license on such platted or replatted real property; or
C. The city’s provision of storm drainage systems to or immediately adjacent or adjoining the platted or replatted real property.
The amount of such platting fee shall be the fee amount in effect at the time of the event triggering the platting or replatting fee. Unpaid and deferred platting and replatting fees shall constitute an encumbrance and lien running with the land upon the platted and replatted real property and the obligation to pay shall be binding upon the owner, and the owner’s successors, successors in title, and assigns.
(3) The city may increase, waive, reduce or defer the payments if: (a) the plat or replat is a minor plat or replat; (b) the plat or replat is a transfer of ownership; (c) as set forth in a Development Agreement; or (d) based on the city’s individualized determination as to the nature and extent of the impact of the development.
(4) The city may condition approval of zoning or other city required conditional use permits and licenses until all platting fees are paid in full or arrangements for payment are made.
(5) For any property platted or replatted the plat or replat shall contain a note identifying the zoning classifications in effect at the time of plat or replat submittal. The owner’s certificate of compliance for the plat or replat shall indicate the plat or replat is subject to the DSCR platting and RDC platting fees and shall provide that the DSCR platting and RDC platting fees shall be paid by an applicant requesting rezoning of the plat or replat in accordance with this section.
(e) The DSCR platting fee shall be paid to the city prior to approval of the plat for development or replat of the real property. The RDC platting fee shall be paid to the city prior to approval of the plat for development or replat of the real property contributing runoff to a regional detention facility. The platting fee amounts to be paid shall be based on the total of acres platted and right-of-way dedication. All real property platted or replatted after the initial effective date of this subchapter shall be subject to the DSCR and RDC platting fee. Replats shall be subject to the DSCR and RDC platting fee if the replat involves rezoning to a higher intensity zoning or if the parcel is not serviced by street and drainage infrastructure constructed according to city design standards.
(f) The value of contributions made by the fee payer toward the cost of expanding and sustaining the public storm water drainage system may be credited to the amount of DSCR and RDC platting fees otherwise due for the parcel. The value of the contribution shall be determined by the city engineer, based on information submitted by the fee payer, and shall be in compliance with applicable law. No credit will be given for the value of land dedicated or to be dedicated to the city for right-of-way or areas zoned REC or CN. Credit for the contributions not claimed prior to payment of the DSCR and RDC platting fee shall be waived. A credit may be allowed against the DSCR and RDC platting fees for developer-constructed and funded public drainage improvements, including land, engineering, and construction costs providing a public drainage benefit as determined by city engineer.
(g) The DSCR platting fee classification shall be determined by city engineer based on Engineering Design Standards. The DSCR platting fees shall be based on classification as follows in Table IV:
Table IV - DSCR Platting Fee Per Acre | ||||||
DSCR Platting Fee Classification | Effective Date | |||||
1/1/2017 | 1/1/2019 | 1/1/2020 | 1/1/2021 | 1/1/2022 | 1/1/2023 | |
Table IV - DSCR Platting Fee Per Acre | ||||||
DSCR Platting Fee Classification | Effective Date | |||||
1/1/2017 | 1/1/2019 | 1/1/2020 | 1/1/2021 | 1/1/2022 | 1/1/2023 | |
Agricultural (AG, CN) | $0.00 | 0 | 0 | 0 | 0 | 0 |
Commercial (C-2, C-3, C-4) | $6,529.54 | 7,012.73 | 7,461.54 | 7,864.46 | 8,281.28 | 8,562.84 |
Industrial (I-1, I-2, AP) | $4,946.62 | 5,312.67 | 5,652.68 | 5,957.93 | 6,273.70 | 6,487.00 |
Multifamily Residential (RA-1, RA-2, RA-3) | $3,957.30 | 4,250.14 | 4,522.15 | 4,766.35 | 5,018.96 | 5,189.61 |
Office and Institutional (O, C-1, LW, S-1, S-2) | $3,957.03 | 4,250.14 | 4,522.15 | 4,766.35 | 5,018.96 | 5,189.61 |
Recreational (REC) | $0.00 | 0 | 0 | 0 | 0 | 0 |
Single-family residential (RS, RT-1, RT-2, RD, RCD, MH) | $1,978.65 | 2,125.07 | 2,261.07 | 2,383.17 | 2,509.48 | 2,594.80 |
Hybrid | NA | 3,187.61 | 3,391.61 | 3,574.76 | 3,764.22 | 3,892.20 |
If the property is not zoned or does not meet the criteria of a DSCR platting fee classification in Table IV, the DSCR platting fee shall be at the single-family residential rate. | ||||||
(h) The DSCR and RDC platting fee shall be collected only once on each parcel if the zoning and storm water runoff remains the same as determined by city engineer. If the parcel is rezoned or redeveloped which results in a higher DSCR or RDC platting fee, the property owner shall pay the difference between the previously paid platting fees and current platting fees for the rezoned/redeveloped platting fee classification.
(i) The RDC platting fee classification shall be determined by city engineer based upon Engineering Design Standards. The RDC platting fees shall be based on classification as follows in Table V:
Table V - Regional Detention Charge Platting Fees Per Acre | ||||||
RDC Platting Fee Classification | Effective Date | |||||
1/1/2017 | 1/1/2019 | 1/1/2020 | 1/1/2021 | 1/1/2022 | 1/1/2023 | |
Table V - Regional Detention Charge Platting Fees Per Acre | ||||||
RDC Platting Fee Classification | Effective Date | |||||
1/1/2017 | 1/1/2019 | 1/1/2020 | 1/1/2021 | 1/1/2022 | 1/1/2023 | |
Agricultural (AG, CN) | $0.00 | 0 | 0 | 0 | 0 | 0 |
Commercial (C-2, C-3, C-4) | $2,671.79 | 2,818.74 | 2,931.49 | 3,034.09 | 3,125.11 | 3,218.87 |
Industrial (I-1, I-2, AP) | $2,024.08 | 2,135.40 | 2,220.82 | 2,298.55 | 2,367.51 | 2,438.53 |
Multifamily residential (RA-1, RA-2, RA-3) | $1,619.27 | 1,708.33 | 1,776.66 | 1,838.85 | 1,894.01 | 1,950.83 |
Office and Institutional (O, C-1, LW, S-1, S-2) | $1,619.27 | 1,708.33 | 1,776.66 | 1,838.85 | 1,894.01 | 1,950.83 |
Recreational (REC) | $0.00 | 0 | 0 | 0 | 0 | 0 |
Single-family residential (RS, RT-1, RT-2, RD, RCD, MH) | $809.63 | 854.16 | 888.33 | 919.42 | 947.00 | 975.41 |
Hybrid | NA | 1,281.24 | 1,332.49 | 1,379.13 | 1,420.50 | 1,463.11 |
(j) A person harmed by an administrative decision of the city under this subchapter may appeal the decision through the procedures provided in Administrative Appeals subchapter, §§ 30.040 et seq. of this Code, as that subchapter may be amended from time to time, except as modified below.
(1) The appeal shall be heard in a closed hearing by a hearing examiner with substantial experience in land development, and the cost shall be divided equally between the city and the appellant.
(2) The hearing examiner may amend, remand, or reverse the decision of the city only if clear error is found in:
A. The determination of the number of acres subject to the cost recovery;
B. The determination of the applicable classification for determination of the cost recovery;
C. The value of any credit;
D. Any mathematical computation; or
E. Determining or applying any other objective fact on which the decision was based.
(3) If the hearing examiner finds an error and has adequate facts to correct the error (such as correcting the number of acres used in the computation or correcting a mathematical error), the hearing examiner shall amend the decision accordingly and the decision shall be binding as amended. Otherwise, the hearing examiner shall reverse the decision or remand it with instructions for correcting the error(s) found.
(4) The provision for appeals under this division (j) is not intended to serve as a provision for variances or waivers; issues of hardship or other factors that might be considered in granting a zoning variance shall not be considered by the hearing examiner in reaching a decision.
(5) Unless the hearing examiner finds clear error, the hearing officer shall affirm the original administrative decision.
(6) The decision of the hearing examiner may be subject to judicial review as provided by law.
(1992 Code, § 41-90) (Ord. 5-02, passed 1-14-2002; Ord. 97-03, passed 10-14-2003; Ord. 15-07, passed 1-16-2007; Ord. 10-13, passed 3-19-2013; Ord. 34-14, passed 6-17-2014; Ord. 113-18, passed 12-4-2018; Ord. 64-24, passed 7-16-2024)