AN ORDINANCE AMENDING
CHAPTER 9, ARTICLE 9.100, "IMPACT FEES," OF THE BASTROP
CITY CODE BY APPROVING, ADOPTING AND IMPLEMENTING AN UPDATE OF THE
CITY OF BASTROP IMPACT FEE ORDINANCE IN ACCORDANCE WITH CHAPTER 395
OF THE TEXAS LOCAL GOVERNMENT CODE; REPEALING ALL ORDINANCES, PARTS
OF ORDINANCES, RESOLUTIONS AND ORDERS IN CONFLICT HEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
the Impact Fee Advisory Committee issued a Final Report dated January
4, 2005 recommending changes to the City ofBastrop's land use assumptions,
capital improvements plan, and the amount of the impact fee pursuant
to the requirements of Chapter 395 of the Texas Local Government Code
("LGC"); and
WHEREAS,
in addition, the City's Impact Fee Ordinance (Article 9.100 of the
Bastrop City Code) needs to be revised to reflect recent changes in
state law and to be consistent therewith; and
WHEREAS,
after published notice and after public hearing held on January 11,
2005, and after receiving advisory committee comments prior to said
public hearing, the City Council of the City of Bastrop desires to
amend Article 9. 100 of the City of Bastrop Code of Ordinances as
set forth herein.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
PART 1:
That, pursuant to Section 395.052, et seq., of the Texas
Local Government Code, Chapter 9, Article 9.100, "Impact Fees,"
of the Bastrop City Code, is hereby amended to hereafter read as follows:
ARTICLE
9.100 IMPACT FEES
Sec. 9.101 In General; Purpose; Policy
This article is adopted
pursuant to the provisions of Chapter 395, Texas Local Government
Code, as well as under the authority of Article 11, Section 5 of the
Texas Constitution. This article implements a policy of the city to
impose fees upon each new development project to pay the costs of
constructing capital improvements and facility expansions necessary
to serve new development. This article supersedes the provisions for
in Ordinance No. 10-90 of June 15, 1990; Ordinance No. 95-44 of December
12, 1995, Ordinance No. 98-49 of December 8, 1998; and Ordinance No.
2000-41 of November 14, 2000. This article adopts the Capital Improvements
Plan (CIP) and sets the amount of impact fees as presented at the
public hearing held January 11, 2005 at City Hall, Bastrop, Texas,
as updated and amended, pursuant to Section 395.052, et seq., of the
Texas Local Government Code. However, the city reserves the right,
upon request, to enter into voluntary contractual agreements in the
future with persons or entities presently unknown who establish new
subdivisions or other development outside of the service area defined
herein in order that the city may participate in the orderly development
of nearby areas, even if the city has no obligation to serve such
areas with utilities. Such contractual agreements will be in response
to a future request by developers whom the city seeks to accommodate,
and the consideration required by any such contracts will represent
costs to be advanced to the City of Bastrop for provision of city
utility services to be rendered to the requesting party. The provisions
of this article shall not be construed to limit the powers of the
City to utilize other methods authorized under state law, pursuant
to other city powers, to accomplish the purposes set forth herein,
either in substitution or in conjunction with this article.
See. 9.102
Definitions
Advisory Committee.
The advisory committee shall consist of the city planning and zoning
commission. If the commission does not include at least one representative
of the real estate, development or building industry who is not an
employee or official of a political subdivision or governmental entity,
the city council shall appoint at least one such representative as
an ad hoc voting member of the advisory committee. If any impact fee
is to be applied in the extraterritorial jurisdiction of the city,
a representative from that area shall be appointed by the city council.
Assessment. The
determination of the amount of the maximum impact fee per service
unit that can be imposed on new development pursuant to Chapter 395
of the Texas Local Government Code and this article. The maximum impact
fee that can be imposed is also referred to herein as the "Assessed
Fee."
Capital Improvement.
Any of the following facilities that have a life expectancy of three
(3) or more years and are owned and operated by or on behalf of the
city, whether or not they are located within the service area:
(1) water supply, treatment,
storage, and distribution facilities; and
(2) wastewater collection and treatment facilities.
City. The City of
Bastrop, Texas.
Collected Fee. The
amount of impact fee determined by Bastrop City Council that is to
be collected for each service unit equivalent in a new development.
The Collected Fee may be revised from time to time but may not exceed
the Assessed Fee.
Credit. The amount
of the reduction of an impact fee or fees that is equal to that portion
of utility service revenue generated by new service units that is
used for the payment of improvements, including the payment of debt,
that are included in the impact fee Capital Improvements Plan.
Developer. A property
owner or representative of a property owner who proposes to subdivide,
resubdivide, plat, or re-plat, improve, construct, or increase the
number of service units on a piece of land in any service area.
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. The term does not include the repair, maintenance,
modernization, or expansion of an existing facility to better serve
existing development.
Impact Fee. A charge
or assessment imposed by the City against new development in order
to generate revenue for funding or recouping costs of capital improvements
or facility expansions necessitated by and attributable to the new
development. The term does not include:
(1)required dedications
of land for public parks or payments in lieu thereof, or
(2) dedication of rights-of-way or easements or construction or dedication
of on-site or off-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
(3) 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; or
(4) other pro rata fees
for reimbursement of water or sewer mains or lines extended by the
City.
Impact Fee Capital Improvements
Plan ("Plan" or "CIP"). The adopted plan for
a service area that identifies the water or wastewater facilities
and their associated costs which are necessitated by and which are
attributable to new development for a period not more than ten (10)
years which are to be financed in whole or in part through the assessment
and collection of impact fees. A copy of the most current Impact Fee
CIP is maintained on file in the office of the city secretary.
Land Use Assumptions.
A description of the service areas and projections of changes in land
uses, densities, intensities, and population in the service area over
at least a ten (10) year period, which has been adopted by the city
and upon which the impact fee capital improvements plan is based.
A copy of the most current land use assumptions map is maintained
on file in the office of the city secretary.
New Development. The
subdivision of land; 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.
Service Areas. The
multiple areas within the corporate boundaries and extraterritorial
jurisdiction of the City to be served by the capital improvements
or facilities expansions specified in the capital improvements plan,
except roadway facilities and stormwater, drainage, and flood control
facilities. The most current map of the land use assumptions used
for impact fee calculations is on file in the office of the city secretary.
Service Unit Equivalent (SUE). A standardized measure of consumption,
use, generation, or discharge attributable to an individual unit of
development calculated in accordance with generally accepted engineering
or planning standards for a particular category of capital improvements
or facility expansions, and based on historical data and trends applicable
to the City in which the individual unit of development is located
during the previous ten (10) years.
Sec. 9.103 Impact
Fee as a Condition of Development Approval
(a) No new development
within any of the service areas shall be connected to the City's water
or wastewater system without payment of an impact fee pursuance to
this article, and no building permit shall be issued until the applicant
has paid the impact fee imposed herein.
(b) The assessment and
collection of impact fees does not reduce, affect, prohibit or determine
any other fees, taxes, charges or assessments, including, but not
limited to, tap fees, building permits, platting, and other development
or service fees that are due and owing pursuant to other City ordinances
or state law.
(c) The impact fee shall
attach to the property on which it was assessed and paid and shall
not be transferable to other properties or service units.
Sec. 9.105 Adoption
of Land Use Assumptions and Service Areas
(a) The land uses shown
on the Figure 1, which is attached hereto and incorporated hearing
by reference as if set forth in full, and which was exhibited and
considered at the public hearing on January 11, 2005, are hereby adopted.
Figure 1 represents the expected ultimate land uses covering a period
of at least ten (10) years. These land uses were considered in the
determination of an impact fee capital improvement plan which includes
projects that supply and distribute water and collect and treat wastewater
within each service area. Amendment to the land use assumptions shall
incorporate projections of changes in land uses, densities, intensities,
and population for the service areas over at least a ten (10) year
period.
(b) There is hereby established
amended impact fee service areas, the boundaries of which are shown
on Figure 1, which is attached hereto and incorporated hearing by
reference as if set forth in full, and which was exhibited and considered
at the public hearing on January 11, 2005.
Sec. 9.107 Determination
of Amount of "Assessed" or Maximum Impact Fees
(c) The "collected"
impact fee per service unit which is to be paid by each new development
within a service area shall be as set forth in Schedule 2, which is
attached hereto and incorporated by reference as if fully set forth,
and shall be an amount less than or equal to the "assessed"
or maximum impact fee per service unit established in Schedule 1.
Schedule 2 may be amended from time to time utilizing the amendment
procedure set forth in Section 9.109(d).
Sec. 9.107 Time
of Assessment of Impact Fees
(a) For land platted prior
to the effective date of this Ordinance, the assessed fee will be
in accordance with any prior Impact Fee Ordinance, if any, that was
effective at the time of platting.
(b) on and after the effective
date of the Ordinance , new development which is platted, replatted,
subdivided or re-subdivided, or for which there is an increase in
the number of service units, the impact fee shall be assessed at the
time of the City Council's approval of the final plat, and shall be
the amount of the "assessed" or maximum impact fee as shown
on Schedule 1.
(c) At the time that the
Council approves a final plat, the following note shall appear on
that plat and be completed prior to recordation:
"The impact fee for each service unit within this
subdivision shall not exceed *
"
(*is the amount of the "assessed" or maximum
impact fee from Schedule 1 in the appropriate service area at the
time of final plat approval.)
(d) For land on which new development occurs or is proposed to occur
without platting, the City may assess and collect the impact fees
at the time that an application is made for connection to the City's
water or wastewater system.
(e) After assessment of impact fees attributable to the new development,
additional impact fees or increases in fees may not be assessed against
the tract for any reason unless the Developer proposes to change the
approved development such that the number of service units to be developed
on the tract increases, in which case a new assessment shall occur
at the "assessed" or maximum rate then in effect for the
additional service units.
(f) Following vacating
of any plat or approval of any re-plat, a new assessment shall be
made at the time of final plat approval by the Council in accordance
with subsections (b) and (c), above.
(g) Impact fees assessed
for land that is the subject of an application for an amending plat
made pursuant to Section 212.016 of the Texas Local Government Code
and the City of Bastrop Subdivision Ordinance, shall not be revised,
unless the number of service units to be developed on the tract increases,
in which case a new assessment shall occur at the "assessed"
or maximum rate then in effect for the additional service units.
Sec. 9.109 Time of Collection of Impact Fees
(a) Impact fees shall be
collected at the time the City issues a building permit for new development.
For land platted outside the corporate boundaries of the City or where
the City lacks the authority to require building permits, the City
shall collect impact fees at the time an application for an individual
meter connection to the City's water or wastewater system is filed.
(b) In the City's sole
discretion, impact fees maybe collected in advance of providing service
to reserve capacity in those CIP proj ect(s) which would provide service,
provided that an owner has requested that capacity be reserved and
agrees to pay for the improvements necessary to ensure that capacity,
and the Developer and the City enter into a valid written agreement
to that effect.
(d) The amount of impact
fees collected, as shown on Schedule 2, shall be reviewed at least
annually and can be revised by council action. Such review shall consider
the current and expected debt for capital improvements, the prior
and expected number or service units created by new development, and
the amount of anticipated revenue from utility billings to be used
for payments for capital improvements, including payment of debt.
The amount of the fees shown on Schedule 2 cannot exceed the amount
of the fees shown on Schedule 1 unless the procedures for public notice
and hearing and other requirements as set forth in Chapter 395 of
the Texas Local Government Code are followed.
Sec. 9.111 Computation of Impact Fees
(a) At the time of assessment,
the number of service unit equivalents (SCEs) attributed to a particular
piece of property shall be one service unit per single family lot
or the number of service units per acre of the particular land uses
shown on Table I below:
| TABLE
1 |
| LAND
USE |
SERVICE
UNIT EQUIVALENTS (PER ACRE) |
| Single Family |
3 |
| Duplex and Manufactured
Housing |
7 |
| Multifamily, Apartment
|
17 |
| Commercial |
2 |
| Industrial |
0.8 |
| Public |
1.6 |
At the time of filing and
acceptance of an application for a building permit (unless a different
time is specified by Section 9.109), the City shall compute the impact
fees due in the following manner:
1. The number of service
units for both water and wastewater impact fees shall be determined
by using Table 2 below, which converts demands for water or wastewater
improvements generated by typical land uses to water meter size.
| TABLE
2 |
METER
SIZE
(inches) |
METER
TYPE |
METER
CAPACITY
(gallons per minute) |
SERVICE
UNIT EQUIVALENT
(SUE) |
| 5/8" x 3/4" |
Displacement |
10 |
1 |
| 3/4 |
Displacement |
15 |
1.5 |
| 1 |
Displacement |
25 |
2.5 |
| 1 1/2 |
Displacement |
50 |
5 |
| 2 |
Displacement |
80 |
8 |
| 3 |
Compound |
160 |
16 |
| 4 |
Compound |
250 |
25 |
| 6 |
Compound |
500 |
50 |
| 8 |
Compound |
800 |
80 |
| 3 |
Turbine |
240 |
24 |
| 4 |
Turbine |
420 |
42 |
| 6 |
Turbine |
920 |
92 |
| 8 |
Turbine |
1600 |
160 |
2. The total number of
SUEs shall be summed for all meters purchased for the development;
and
3. The total number of SUEs shall be multiplied by the impact fee
per SUE shown on Schedule 2.
(b) The amount of impact
fees due shall not exceed the amount computed by multiplying the total
number of SUEs for the new development by the maximum or "assessed"
impact fee shown on Schedule 1.
(c) If a water meter is
set for irrigation or any other purpose which requires water service
but does not generate a wastewater flow to the wastewater collection
system, then only the appropriate water impact fee will be collected.
PART 2: That all ordinances, resolutions and
orders heretofore passed, adopted and made, or any part of the same,
affecting rates and charges for connection to the Water and Wastewater
Systems of the City of Bastrop, which are in conflict with this Ordinance,
shall be, and the same are hereby, in all things repealed to the extent
that the same conflict with this Ordinance, or with the laws of the
State of Texas.
PART 3: That
this Ordinance shall be in full force and effect upon passage in accordance
with the City Charter and state law.
READ AND APPROVED on First
Reading on the 11th day of January 2005.
PASSED, APPROVED AND ADOPTED
on Second Reading on the 25th day of January 2005.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Valdez, City Secretary
