Loading...
HomeMy WebLinkAboutOrdinances (O-90-769)-04/03/1990 I I 1 I I 2 I I I 3 I II 4 5 II 6 I 7 i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE NO. 0-90-769 /J~ ~-:;- '10 4:13,/It ~ 1./ -~- 9tJ I ~I AN ORDINANCE AMENDING SECTION 11 OF CHAPTER 9 OF THE COLLEYVILLE CODE BY IMPOSING IMPACT FEES, PROVIDING FOR DEFINITIONS IN RELATIONSHIP TO THE IMPOSITION OF IMPACT FEES, CONTAINING A POLICY OF THE CITY IN RELATION TO IMPACT FEES, PROVIDING FOR THE AMOUNT AND ASSESSMENT OF IMPACT FEES, PROVIDING FOR THE COLLECTION OF IMPACT FEES, RESTRICTING THE USE OF IMPACT FEES, REQUIRING REFUNDS OF IMPACT FEES, ESTABLISHING AN ADVISORY COMMITTEE FOR IMPACT FEES, REPEALING SECTION 1 C OF CHAPTER 11 OF THE COLLEYVILLE CODE, AND ADOPTING A CAPITAL IMPROVEMENTS PLAN. the Texas Legislature in its 70th session passed V.A.T.S. Art. 1269j-4.11, which was codified in Chapter 395 of the Texas Local Government Code, pertaining to the imposition of impact fees by political SUbdivisions; and on the effective date of Chapter 395 of the Texas Local Government Code, the City of Colleyville had in place an Ordinance imposing impact fees; and it is the desire of the City of colleyville to amend its impact fee ordinance in accordance with the provisions of Chapter 395 of the Texas Local Government Code; and the City Council of the City of Colleyville recognizes that all developments within the City require some contribution or improvement to the capital improvements within the City; and the process of determining the amount of credits that each service unit would be entitled is a cumbersome and time consuming process; and the City Council may determine by Resolution credits applicable to service units upon which a capital improvement fee may be assessed pursuant to I the terms of this Ordinance; OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OLLEYVILLE, TEXAS; 25 I 26 I . _..~i~_~l_._____ HEREAS, EREAS, EREAS, EREAS, 1 Ordinance 0-90-769 1 I I I reo. 1: I 2 3 4 5 6 A. 7 8 9 10 11 12 13 14 15 16 17 18 B. 19 20 21 22 23 24 25 26J THAT section 11 of Chapter 9 of the Colleyville Code be amended to read as follows: "SECTION 11 - IMPACT FEES Definitions: (1) "Capital Improvements Plan" means the Transportation Impact Fee study prepared by Parsons, Brinkerhoff, Quade and Douglas, Inc., dated December, 1987 for roadways and the city of Colleyville Master Plan, July of 1987, prepared by Community Land Resources, Inc., for the water distribution system. (2) "New Development" means 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. (3) "Service Unit" means 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. Statement of Policy: It is the policy of the City of Colleyville to impose upon new development impact fees to pay the costs of constructing capital improvements or facility expansions necessary to serve new development. Pursuant to that policy, the City of Colleyville has adopted a Capital Improvements Plan, has made Land Use Assumptions and has commissioned and received from qualified professionals use estimates, cost estimates, and a determination of impact fees for water improvements and roadway facilities in accordance with Chapter 395 of the Texas Local Government Code. It is the intention of the City of Colleyville to conform its imposition of impact fees to the provisions of Chapter 395 of the Texas Local Government Code and all provisions hereof should be so interpreted. 2 I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-90-769 C. Amount and Assessment of Impact Fees: (1) The city shall assess all new development a Water Distribution System Impact Fee and a Roadway Facility Impact Fee calculated as follows: (a) Water Distribution System Impact Fee An amount of $827.00 per each living unit equivalent (LUE), calculated as follows: Development Tvpe LUE Conversion ingle Family Residence uplex Residential ultifamily Residential on-Residential 1 LUE/Residence 2 LUE/Duplex Building 0.7 LUE/living unit As per design flow analysis for water use prepared and certified by a registered professional engineer and as determined by the size water meter required and in accord with the following schedule: Meter Size LUEs 5/8 inch 3/4 inch 1 inch 1 1/2 inch 2 inch 3 inch 4 inch 6 inch 8 inch 1.0 1.5 2.5 5.0 8.0 15 25 80 140 (b) Roadway Facility Impact Fee: Service Area 1 (South of S.H. 26) Service Area 2 (North of S.H. 26) ~esidential (per Unit) $ 2,224 $ 1,818 keavy Commercial/Light $ 18,760 $ 15,330 Industrial (per acre) 3 il Ordinance 0-90-769 I I 1 I 2 I 3 I IIndustrial (per acre) $ 13,400 $ 10,950 4 Institutional (per acre) $ 13,400 $ 10,950 5 Office (per acre) $ 80,400 $ 65,700 6 Commercial (per acre) $160,800 $131,400 7 9 (2) The City Manager shall assess impact fees on new development and he shall record his assessment and file same with the City Secretary. Said assessment shall contain a total impact fee charge for the Water Distribution system Impact Fee and for the Roadway Facility Impact Fee. Additionally, said assessment shall contain the amount of impact fees attributable to each service unit within the development. 8 10 11 12 13 (3) The City Manager shall make his assessment of impact fees as follows: 15 (a) On land platted prior to June 20, 1987, the impact fee shall be assessed upon the filing of an application for a building permit on the property which is the subject of the application. 14 16 19 (b) On land platted subsequent to June 20, 1987, but prior to the effective date of this Ordinance, the property shall be deemed to be assessed in accordance with the terms of section 11 of Chapter 9 of the Colleyville Code, and section 1 C of Chapter 11 of the Colleyville Code, as were in effect on the date of approval of the subdivision plat by the City. 17 18 20 21 23 (c) On land platted subsequent to June 20, 1987 and after the effective date of this Ordinance, the impact fees shall be assessed at the time of approval of the subdivision plat. 22 24 25 4 26 II Ordinance 0-90-769 I 1 I 2 3 Ii I 4 I 5 II 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (4) Increase of Assessment. The assessed impact fee on new development shall not be increased unless the number of service units to be developed on such tract increases. In the event of an increase in the number of service units, the additional impact fees to be imposed shall be limited to the amount attributable to the additional service units. (5) Credit for Off site Improvements. (a) Any construction of, contributions to, or dedications of off site roadway facilities agreed to or required by the City as a condition of development approval shall be credited against Roadway Facility Impact Fees otherwise due from such development. (b) In addition to credits for construction of, contributions to or dedication of off site roadway facilities, the Council may grant credits for construction of, contributions to or dedications of off site water facilities, provided, said construction is a condition of development approval and said credit shall be credited against the Water Distribution System Impact Fee. (c) Any reference to the term "Credit" hereunder shall be construed to apply for all impact fees assessed under Section C.(3) (a), Section C. (3) (b) or section C. (3) (c) . (6) Alternative Credit Procedures The owner, in lieu of credits provided for in part (5) (a) above, may, at his option, receive credits provided for in the Alternative Credit Procedure, which is appended hereto and incorporated herein for all purposes. 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-90-769 1 2 3 4 5 6 7 8 9 (7) In addition to, and without changing the operation of, or effect of any portion of section 5.a. hereinabove, if section C.(6) above, all, or any part of Alternative Credit Procedure is declared invalid, illegal, or unenforceable or is pre-empted for any reason, in whole or in part, or in certain circumstances, all remaining portions of this Ordinance , including the credit procedure set forth in section C.(5) shall not become inoperative or fail by any reason of any unconstitutionality, illegality, or invalidity. (8) Appeal of Assessment. Upon the written application of an owner of property upon which impact fees were assessed, the City Council shall consider said assessment and shall increase or reduce same where necessary to conform to Chapter 395 of the Texas Local Government Code. D. Collection of Impact Fees. (1) All impact fees attributable to a service unit shall be collected upon the application for the issuance of a building permit on said service unit. The payment of the applicable impact fees shall be a condition of the issuance of the building permit on the service unit. (2) By agreement approved by the City Council, the City may alter the time and method of payment of impact fees. E. Use of Impact Fees. (1) All funds collected as impact fees shall be deposited in interest bearing accounts clearly identifying the category of capital improvements or facility expansions and the service area for which the fee was adopted and collected. Interest earned on impact fees shall be considered funds of the account on which it is earned and shall be subject to all restrictions placed upon the use of impact fees. 6 Ordinance 0-90-769 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (2) Expenditures of impact fee funds shall be made only for the purpose for which the impact fee was imposed as show by the Capital Improvements Plan of the city. (3) The records of the accounts into which the impact fees are deposited shall be open for public inspection and copying during ordinary business hours. F. Refunds. (1) Upon the request of an owner of the property on which an impact fee has been paid, the City shall refund the impact fees paid if the existing facilities are available and the service is denied, or the City has, after collecting the fee when service was not available, failed to commence construction within two years or service is not available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event later than five years from the date of payment. (2) Upon completion of the capital improvements or facility expansions identified in the Capital Improvements Plan, the City shall recalculate the impact fee using the actual cost of the capital improvements or facility expansion. If the impact fee calculated based upon actual cost is less than the impact fee paid, the City shall refund the difference if the difference exceeds the impact fee paid by more than 10%. (3) The City shall refund any impact fee or portion thereof which is not expended as authorized within 10 years from the date of payment. (4) Any refund shall bear interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03, Title 79, Revised statutes, or its successor statute. 7 10 11 II I Ordinance 0-90-769 1 2 3 (5) All refunds shall be paid to the record owner of the property at the time the refund is paid; provided, however, if the impact fees were paid by another political subdivision or governmental entity, the refund shall be paid to such political subdivision or governmental entity. 4 5 6 G. Advisory Committee. (1) The City Council shall appoint an Advisory Committee of the City. The Advisory Committee shall be composed of not less than five (5) members. Not less than 40% of the membership of the Advisory Committee shall be representatives of the real estate, development, or building industries who are not employees or officials of a political subdivision or governmental entity. 7 8 9 Sec. 2: THAT Section 1 C entitled Water Distribution System 12 capital Improvement Fee, be and the same is hereby repealed. 13 14 15 16 17 18 19 20 21 22 23 24 ec. 3: THAT the City of Colleyville, Transportation Impact Fee study prepared by Parsons, Brinckerhoff, Quad and Douglas, Inc., dated December, 1987, is hereby adopted as the Roadway Facility Capital Improvements Plan for the City of Colleyville, and that the City of Colleyville, Master Plan, July of 1987, prepared by Community Land Resources, Inc., be and the same is hereby adopted as the Capital Improvements Plan of the City of Colleyville for the water distribution system. ec. 4: The City shall, within 12 months following the effective date of this Ordinance, complete a review and assessment of the current land use assumptions and Capital Improvement Plan of the City. ec. 5: If any provision, section, sentence or clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid, or for any reason unenforceable, the validity of the remaining portions of this ordinance or its application to other person or 25 II 26 II I' .." _.__.__ _____ ,_JL _ _ __.____._._ 8 II Ordinance 0-90-769 I 1 I I 2 3 sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Colleyville in adopting this ordinance that no portion hereof nor provision or regulation contained herein become inoperative or fail by reason of any unconstitutionality or invalidity or any other portion or regulation. 4 5 6 7 8 lAND IT IS SO ORDERED The fit~rea~~~go~nd PU~n~g being ~o~~~~~ed on the 9 10 The sec~d reading and pu~c ~ing being conducted on the d.. '71". ( day of v.. ~ , 1990. IThe thil7ld ;;} ('dil 11 12 reading and pu~ic ~e~ing being conducted on the day of ~~ , 1990. 13 14 CITY OF COLLEYVILLE ~4rr~~4-o/ C rl.S Haw n Mayor 15 LaVada Johnson 16 City Secretary 17 APPROVED AS TO FORM AND LEGALITY: 18 19 ' oss I'City 20 !I Ii 21 jl 22 23 II 24 I 25 I I ! 26 i I' II ...., .......__....A,_.... 9 'I Ordi nance 0-90-769 I I 11 II I 2 3 4 ection 1: 5 6 ection 2 : I 7 ~ection 8 3 : 9 section 4: 10 11 section 5: 12 13 section 6: 14 15 section 7: 16 17 18 19 20 21 22 23 24 25 26 ALTERNATIVE CREDIT PROCEDURE the City has by Ordinance provided for the establishment and assessment of impact fees; and the Ordinance imposing impact fees provides for credits against roadway facility impact fees for off-site improvements required by the City as a condition of development; and the City requires off-site improvements for new developments; and the City has investigated and determined the typical credit which generally would be available to each type of new development; and the calculation of credits available to each new development at the time of the assessment of the impact fee would be a difficult and time consuming process for the developer; and the Ordinance imposing impact fees provides that the Council, by Resolution, may establish a credit schedule which may be accepted by the owner of the property; the following is hereby established as a schedule of credits which may be elected in the alternative pursuant to the provisions of Section 1. C. (5) (b) of Chapter 11 of the Colleyville Code: 10 Ordinance 0-90-769 1 2 3 Roadway Facility Impact Fee Credits 4 Service Area 1 Service Area 2 (South of S.H. 26) (North of S. H. 26) 5 6 Residential/per unit (where said residential development does not 7 abutt a street provided for in the Capital 8 Improvements Plan of the City which has been 9 constructed in accordance with the Capital 10 Improvement Plan.) $ 959 $ 553 11 Residential/per unit (where said residential 12 development abutts a street provided for in 13 the City's Capital Improvements Plan which has been constructed in 14 accordance with the Capital Improvements 15 Plan. ) -0- -0- 16 Heavy Commercial/Light $ 16,230 $ 12,800 Industrial (per acre) 17 18 IIndustrial (per acre) $ 10,870 $ 8,420 19 IInstitutional - other than rubliC schools and churches 20 (per acre) $ 10,870 $ 8,420 21 jlnstitutional - non-profit, private schools and public 22 schools and churches (per acre) $ 13,400 $ 10,950 23 24 ffice (per acre) $ 77,870 $ 63,170 25 ommercial (per acre) $158,270 $128,870 26 1 1 Ordinance 0-90-769 1 2 3 4 WATER FACILITY IMPACT FEE, CREDITS 5 6 Residential/per unit 7 8 Sprinkler systems in public right of way maintained by Homeowner's Associations or other similiar non-profit organizations 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 $206.00 per LUE 100% of Assessed Fee 12