(a) For the purpose of this ordinance, the following terms and words are defined as indicated below:
(1) "Impact Fee Advisory Committee" means the committee heretofore established by the City of Fredericksburg, and its successors appointed to advise and assist the City in the adoption, implementation, monitoring, and continuing evaluation of land use assumptions, capital improvements plan and impact fees as set forth in Chapter 395, Texas Local Government Code..
(2) "Ch. 395" means Texas Local Government Code, Chapter 395, and any amendment, codification, or recategorization of the statute.
(3) "Credit" means the amount of the reduction of an impact fee for fees, payment, or charges for, or construction of, the same type of facility, as is delineated on the relevant capital improvement plan.
(4) "Developer" means a property owner or owners, or their duly appointed representative or other person or entity, who proposes to develop a tract of land within the corporate limits or extraterritorial jurisdiction of the City of Fredericksburg so as to increase the number of service units required for said tract of land.
(5) "Director of Building and Planning" means the department head of the City of Fredericksburg Planning and Building Department or his designee; referred to as Director in this ordinance.
(6) "Platted" or "Platting" means platted in accordance with Texas Local Government Code, Chapter 212, or the subdivision or platting procedures of the City of Fredericksburg (final plat recorded) and includes all repeats.
(7) "Service Area" means the area within the city limits of the City of Fredericksburg and within the extra territorial jurisdiction of the City of Fredericksburg which is served by capital improvement plan projects. Service areas for water and wastewater are shown on the maps attached hereto as Exhibits "A" and "B", respectively.
(8) "Wastewater Facility" means an improvement for the provision of wastewater collection and treatment, including, but not limited to, land or easements, treatment facilities, lift stations, or interceptor mains.
(9) "Water Facility" means an improvement for the provision of water supply, treatment and distribution service, including, but riot limited to, land or easements, water treatment facilities, water supply facilities or water distribution lines.
(10) "Capital Improvement" means 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 a political subdivision- water supply, treatment, and distribution facilities; wastewater collection and treatment facilities- whether or not they are located within the service area.
(11) "Capital Improvements Plan" means a plan for water and wastewater services, or including either.
(12) "Facility Expansion" means 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. The term does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development.
(13) "Impact Fee" means a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development. The term includes amortized charges, lump-sum charges, capital recovery fees, contributions in aid of construction, and any other fees that functions as described by this definition. The term does not include:
(i) dedication of land for public parks or payment in lieu of the dedication to serve park needs:
(ii) 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; or
(iii) lot or acreage fees to be placed to trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines.
However, an item included in the capital improvements plan may not be required to be constructed except in accordance with Section 395.019(2), and an owner may not be required to construct or dedicate facilities and to pay impact fees for those facilities.
(14) "Land Use Assumptions" includes a description of the service area and projections of changes in land uses, densities, intensities, and population in the service area over at least a 10-year period.
(15) "New Development" means the subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any extension of any existing use of land; any of which increases the number of service units.
(16) "Political Subdivision" means a municipality, a district or authority created under Article III, Section 52, or Article XVI, Section 59, of the Texas Construction, or for the purposes set forth by Section 395.079, certain counties described by that section.
(17) "Service Unit" means a basis for establishing equivalency among and within various customer classes based upon the relationship of the continuous duty maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous duty maximum flow rate in gallons per minute for a 5/8" diameter simple water meter, using American Water Works Association C700-C703 Standards. Service units for water meters are as set forth in Section 11.812 below, Wastewater service units shall be defined and calculated in the same manner.
(18) "Assessment" means a determination of the amount of the impact fee in effect on the date or occurrence provided herein and is the maximum amount that can be charged per service unit of such development. No specific act by the political subdivision is required to impose an assessment. Additionally, an Assessment shall be at the maximum allowable assessment but the actual impact fee shall be the amount to be collected as hereinafter set forth at the time of collection. Once a fee is paid for a service unit, no further fee may be collected as to that service unit, except as provided under Sec. 11.812(I).
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Section 11.803 State Law. Ch. 395 supplements this ordinance to the extent that its provisions may be applicable hereto and, to such extent, its provisions are incorporated for all purposes herein.
Section 11.804 Capital Improvements Plan. The Capital Improvement Plans identifying capital improvements or facility expansion for which impact fees may be assessed with regard to water and wastewater, which were considered at the public hearing, are attached hereto as Exhibits "C" and "D" and are hereby approved and adopted.
Section 11.805 Land Use Assumptions. The land use assumptions forming the basis of the determination of the impact fee, which were considered at that public hearing and are attached hereto as Exhibit "E", are hereby approved and adopted.
Section 11.806 Periodic Updates. The land use assumptions and the Capital Improvements Plan upon which the impact fees are based shall be updated at least every three (3) years. Alternatively, the City Council may, pursuant to Ch. 395, §395.0575, make a determination that no such updated is required.
Section 11.807 Establishment. Pursuant to Ch. 395, an impact fee is hereby established to be assessed and collected as set forth in this ordinance against each service unit of new development within each service area to generate revenues for funding or recouping the costs of capital improvements or facility expansions for water and wastewater facilities necessitated by and attributable to such new development.
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Section 11.808 Time of Assessment and Collection of Impact Fee for Land Platted before the Adoption of this Ordinance.
(a) For new development that is platted before the adoption of this ordinance and for which a building permit is issued within one year from the date of adoption of this Ordinance, the City shall assess and collect no impact fee.
(b) For new development that is platted before the adoption of this ordinance and for which a building permit is not issued within one year from the date of adoption of this ordinance, the City shall assess and collect an impact fee as adopted by this ordinance at the time of application for a building permit or at the time of initial connection of the City water or wastewater systems, whichever first occurs.
Section 11.809 Time of Assessment and Collection of Impact Fee Adopted for Land Platted After the Adoption of this Ordinance or for which Platting is not Necessary.
(a) The Impact Fee is assessed against each service unit of land platted after the adoption of this ordinance. The assessment is made on the date of recordation of the plat. The impact fee shall be collected at the time of application for a building permit.
(b) The impact fee is assessed against each service unit of land on which any new development occurs or is proposed without additional platting and for which building permit is not issued within one year from the date of adoption of this ordinance. The assessment is made on the date a building permit application is filed, or, if no building permit is required, on the first day any physical change is made to the property to advance construction on the property. The impact fee shall be collected at the time of application for a building permit or initial connection to the City's water or wastewater system, whichever first occurs.
Section 11.810 When Service Not Available. The Impact Fee shall be assessed but not collected in areas where service is not currently available unless:
(1) the City commits to commence construction of necessary water and wastewater facilities identified in the Capital Improvements Plan within two (2) years and to have service available in a reasonable period of time, not exceeding five (5) years; or
(2) the City and the developer entered into a written agreement whereby the City agrees to reserve capacity to serve future development; or
(3) the City and the developer enter into a written agreement whereby the City agrees to permit the developer to construct or finance the required capital improvement or facility expense and that:
(A) the costs incurred or funds advanced will be credited against the impact fee otherwise due from the new development; or
(B) the developer will be reimbursed for such costs from the impact fee paid from other new developments that will use such capital improvements or facility expansions, in which case fees shall be reimbursed to the developer at the time collected, but not more often than monthly.
Section 11.811 Payment/Enforcement.
(a) Payment of the impact fees assessed and collected pursuant to this ordinance is made to the City of Fredericksburg to be held and managed in accordance with the further provisions hereof.
(b) Written agreements providing for the time and method of payment of the Impact Fee between the City and a developer of property for which there is a recorded plat shall prevail over any contrary provisions of this ordinance. The City Manager is hereby designated as the person authorized to act for the City in the matter of written agreements providing for the time or method of payment other than as provided for herein.
(c) If the Impact Fee, which is to be collected at the time of issuance of a building permit, has not been paid, the Director of Building and Planning may order any work under the building permit stopped by notice in writing service on any persons engaged in doing or causing the work to be done, and any such persons shall immediately cease the work until authorized by the Director to proceed with the work after payment of the Impact Fee. The City may also obtain an injunction to enforce payment if necessary.
(d) Without waiving any other remedies, the City may impose fines and penalties as set forth in this Code of Ordinances of the City of Fredericksburg for violation of City Ordinances. Each day a violation continues shall be considered a separate offense.
(e) Neither a building permit nor certificate of occupancy shall be issued or approved prior to payment of the Impact Fee, nor shall water or sewer service be commenced prior to payment of the Impact Fee, except as may be agreed by written agreement as provided in Section (b) above.
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Section 11.812 Calculation
(a) In this section the term "calculated amount" means the number of service units multiplied by the amount of the impact fee to be collected per service unit- a separate calculation based upon the following criteria shall be made for water and for wastewater.
(b) The number of service units is determined at the time of assessment, where possible, or at the time of collection, if no plat, building permit, etc. is required.
(c) The number of service units shall be in accordance with the meter size required, pursuant to the following table:
| Meter Size | Service Units |
5/8" simple | 1.0 |
| 1" simple | 2.5 |
2" simple | 8.0 |
(d) The calculated amount of an impact fee is reduced by any allowable credit as provided by Section 11.815, hereof.
(e) Replatting does not require recalculation of the impact fee unless the number of service units is increased. If a new development increases the number of service units, the impact fee is recalculated as provided by subsection (c) above.
(f) The calculated amount shall be increased if the number of service units attributable to new development increases, in which case the calculated amount is increased in an amount equal to the impact fee then in effect multiplied by the increased number of service units.
(g) Development as to which a change in use occurs shall be revaluated and assessed in the same manner as new development.
(h) If a customer requests an increase in meter size to an existing service, the customer shall pay the fee difference between the number of service units and the existing number of service units as set out in Section 11.812(c) hereof. The additional fee shall be paid prior to the installation of the enlarged meter service.
(i) Requests for additional water connections -to a property shall not automatically require payment of a wastewater impact fee and likewise, requests for additional wastewater connections shall not automatically require payment of a water impact fee.
(j) In the event an increased meter size is necessitated because of low pressure from the City water system for a use which would normally require a smaller meter size, the impact fee shall be paid based upon the smaller number of service units applicable, or for existing uses, no additional fee shall be payable.
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Section 11.813 Impact Fee Adopted Effective Date.
(a) The amount of the Impact Fee for water facilities applies equally over the entire service area.
(b) Effective on January 1, 2008, the Impact fee for each service unit is:
| Maximum Allowed Assessment | Amount to be Collected: |
Water Facilities | $2,484.00 | $920.00 |
Wastewater Facilities | $ 1,344.85 | $ 1,080.00 |
Water and Wastewater Facilities | $ 3,828.85 | $ 1,000.00 |
(c) An impact fee is assessed and collected only for the utility service(s) utilized, be it water or wastewater.
Section 11.814 Accounting/Use. The Impact Fee is to be deposited in an interest bearing account that clearly identifies the type of capital facility within the service area for which the fee is imposed. Interest earned is credited to the account and is subject to the same restrictions or expenditures as the funds generating such interest. The Impact Fee and the interest earned thereon may be spent only for the purposes for which such fee was imposed as shown in the capital improvements plan and as permitted by State Law as the same may be amended from time to time.
Section 11.815 Credit and-Reimbursements.
(a) Where, in order to serve new development, there is required the construction of, contribution to, or dedication of, a capital improvement facility expansion identified in the Capital Improvements Plans (Exhibits "C" and "U') by the developer, the developer may enter into an agreement with the City whereby the developer is:
(1) credited for such capital improvement or facility expansion against the Impact Fee otherwise due from the new development, or
(2) reimbursed for all or a portion of the costs of such capital improvement or facility expansion from impact fees as received from other new developments that use such capital improvement or facility expansion within 10 years of a developers original expenditure.
(b) A developer is entitled to a credit against any category of impact fee as may be provided in a written agreement between the City and the developer.
(c) The credit for construction of a capital improvement or facility expansion under this section shall not exceed the total amount of the impact fees collectible from the development for the same category of improvements.
