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HomeMy WebLinkAboutO-2005-11-01ORDINANCE NO. 2005-11-01 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ARTICLE XI. IMPACT FEES OF THE ALLEN LAND DEVELOPMENT CODE TO CONFORM TO THE REQUIREMENTS OF SENATE BILL 243 ADOPTED BY THE 77"r TEXAS LEGISLATURE RELATING TO CAPITAL IMPROVEMENT PLAN AND LAND USE ASSUMPTIONS FOR WATER, WASTEWATER AND ROADWAY FACILITIES AND IMPACT FEES FOR WATER, WASTEWATER AND ROADWAY FACILITIES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Collin County, Texas, previously adopted Ordinance No. 1783-11-99, codified in Article XI of the Allen Land Development Code regulating impact fees for roadways, water and wastewater facilities for the financing of capital improvements required by new development in the City; and, WHEREAS, the 771h Texas Legislature adopted Senate Bill 243 which amended Chapter 395, TEX. LOC. Gov'T CODE regulating impact fees; and, WHEREAS, the City Council of the City of Allen, Collin County, Texas, desires to amend Article XI of the Allen Land Development Code regulating impact fees to comply with Chapter 395, TEx. LOC. Gov'T CODE, m amended; and, ' WHEREAS, the City Council established and appointed a Capital Improvements Advisory Committee; and, WHEREAS, the Capital Improvements Advisory Committee has filed written comments on the Capital Improvements Plan for water, wastewater and roadway facilities, and the City Council has received and reviewed those written comments; and, WHEREAS, the City Council of the City of Allen, Collin County, Texas, has given the requisite notice and conducted public hearings required by Chapter 395 of the Teat. LOC. Gov'T CODE for amending the land use assumptions, the capital improvement plan and impact fees; and, WHEREAS, the City Council finds that it is in the best interest of the City of Allen, Collin County, Texas, and its citizens to amend Article XI of the Allen Land Development Code to comply with Chapter 395, TEX. Loc. Gov'T CODE, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Article XI of the Allen Land Development Code is hereby amended in part to read m follows: "ARTICLE XI IMPACT FEES Section 11.01. Purpose. This article is adopted pursuant to the provisions of Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE, V.A.T.S., as amended, as well w under the authority of Article Xl, Section 5 of the Texas Constitution. This article implements a policy of the city to impose fees on each new development project to pay the costs of constructing capital improvements and facility expansions necessary to serve new development. Section 11.02. Definitions. ' For purposes of this section, the following definitions apply: • Advises Committee. The members of the Planning & Zoning Commission and the representatives appointed by the City Council as required by the enabling legislation for this ordinance. • Assessment. The determination of the amount of the maximum impact fee which can be imposed on new development pursuant to this article. • 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: 1. Water supply and distribution facilities; wastewater collection facilities; and stormwater, drainage, flood control facilities as they relate to the construction of roadway facilities; whether or not they are located within the service area; and 2. Roadway facilities. • Capital Improvements Plan. A plan that identifies capital improvements or facility expansions for which impact fees may be assessed. The capital improvement plan is hereby adopted by this article. • Com. City of Allen, Collin County, Texas. • Credit. The amount of the reduction of an impact fee for fees, payments or charges for or construction of the same type of facility. • Facility expansion. The expansion of 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. • Final plat approval of approval of a final plat. The point at which the applicant has complied with all the conditions of approval and the plat has been released for filing with the county clerk. • Impact Fees. A charge or assessment imposed against new development in order to generate revenue for funding or recovering the costs of capital improvements or facility expansions necessitated by and attributable to new development. The term includes amortized charges, lump sum charges, capital recovery fees, contributions in aid of construction, and any other fee that functions as described by this definition. The term does not include: 1. Required dedications of land for public parks or payments made in lieu thereof; 2. Dedication of rights-of-way or easements, or the 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; 3. Lot or acreage fees or pro -rata fees to be placed in trust funds for the purpose of reimbursing developers for constructing or over -sizing water or sewer mains or lines; or 4. Other promta fees for reimbursement of water or sewer mains or lines extended by the City. ' • Land Use Assumptions. 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 ten -yew period which has been adopted by the city and upon which the capital improvements plan is based. Ordinance No. 2005-11-01, Page 2 • New Development. The subdivision of land, the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of a structure; or ' any use or extension of the use of land; any of which increases the number of service units. • Off-site. Located entirely on property which is not included within the bounds of the plat being considered for impact fee assessment. • On-site. Located at least partially on the plat which is being considered for impact fee assessment. • Roadway facilities. Arterial or collector streets or roads that have been designated on the City's officially adopted Thoroughfare Plan, together with all necessary appurtenances. The term includes the City's share of costs for roadways and associated improvements designated on the federal or Texas Highway system, including local snatching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances, and rights-of-way. The term includes but is not limited to interest in land, traffic lanes, curbs, gutters, intersection improvements, traffic control devices, turn Ines, drainage facilities associated with the roadway or street lighting. • Service Area. 1. For water supply, treatment and distribution facilities, wastewater collection and treatment: the entire area within the corporate limits of the city and its extraterritorial jurisdiction to be served by the capital improvements and facilities expansions specified in the capital improvements plan; 2. For roadway facilities: each individual service area designated in the capital improvements plan served by the roadway facilities designated in the capital ' improvements plan. The service area is limited to an area within the corporate boundaries and shall not exceed six miles. 3. For drainage facilities: the service area is limited to an area within the corporate boundaries and its extraterritorial jurisdiction, but shall not exceed the actual served by the stormwater, drainage and flood control facilities designated in the capital improvements plan, but shall not extend across watershed boundaries. • Service Unit. For purposes of impact fee assessment the applicable standard units of measure shown on the conversion table in the capital improvements plan and impact fee calculation which can be converted to equivalent single-family residential PM peak hour average vehicle trip ends per acre for roadway facilities and inch water meter equivalents, as the context indicates, which serves as the standardized unit of measure of consumption or discharge for water and wastewater facilities, and based on historical data and trends during the previous ten years. • Sanitary sewer facility. An improvement for providing wastewater collection, including, but not limited to, land or easements, lift stations, or interceptor mains. Sanitary sewer facility excludes lines or mains which are reimbursed from promta charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility. • Water faciliri. An improvement for providing water supply, treatment and distribution services, including but not limited to, land or easements water treatment facilities, water supply facilities, or water distribution lines. Water facility excludes water lines or mains ' which are constructed by developers, the costs of which are reimbursed from prorata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility. Ordinance No. 200511-01, Page 3 Section 11.03. Advisory Committee. 1. The capital improvements advisory committee (advisory committee) shall consist of the Planning & 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 member of the advisory committee. If any impact fee is to be applied in the extraterritorial jurisdiction of the city, a representative from the area shall be appointed by the City Council. 2. The advisory committee serves in an advisory capacity and is established to: a. advise and assist the adoption of land use assumptions; b. review the capital improvements plan and file written comments; c. monitor and evaluate implementation of the capital improvements plan; d. file semi-annual reports with respect to the progress of the capital improvements plan and report to the City Council any perceived inequities in implementing the plan or imposing the impact fees; and e. advise the city staff and Council of the need to update or revise the land use assumptions, capital improvements plan and impact fee. 3. All professional reports concerning the development and implementation of the capital improvements plan shall be made available to the advisory committee. 4. The advisory committee shall elect a chair -person to preside at its meetings and a vice - chairperson to serve in their absence. ' 5. Periodic Updates Required. The land use assumptions and Capital Improvements Plan shall be updated at least every five (5) years. Alternatively, the City Council may, pursuant to the provisions of the TEX. Loc. Gov'T CODE §395.0575, make a determination that no such update is necessary. Section 11.04. Impact Fee Required; Exceptions. 1. Water and sewer impact fees shall be assessed for new development at the time final plats for single family residential are released for recordation and due and payable at the time a building permit is issued, or for land platted outside the corporate limits, at the time an application is filed for an individual meter connection to the water or wastewater system. Water and sewer impact fees for other than single family residential shall be assessed at any time and shall be due and payable prior to connection to the City's water or sanitary sewer. Irrigation meters in single family residential are additional service units and will be assessed and fees collected at time of connection to the City's water or sanitary sewer. Roadway impact fees shall be assessed for new development at the time final plats are released for recordation and due and payable at the time a building permit is issued. . 2. Additional impact fees or increases in fees shall not be assessed unless the number of service units to be developed on the tract increases. Should the service units be increased, impact fees shall be increased in an amount equal to the current impact fee per service unit multiplied by the difference in the number of service units. 3. Except for roadway facilities, impact fees may be assessed but not collected for property where service is not available unless: ' a. The city commits to commence construction of necessary facilities identified in the capital improvements plan within two years and have service available in five years; or Ordinance No. 2005-11-01, Page 4 11 b. The city agrees in writing to permit the owner of the property to construct or finance the capital improvement or facility expansion and agrees that the costs incurred or funds advanced will either: i. be credited against the impact fees otherwise due from new development; or ii. reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements of facility expansions, in which case fees shall be reimbursed to the owner at the time collected as other new development plats are recorded; or iii. the owner voluntarily requests that the City reserve capacity to serve future development and enters into a valid written agreement. 4. The owner of property for which there is a recorded plat may enter into an agreement with City providing for the time and method of payment of Impact Fees, which agreement shall prevail over the provisions of this Article. Section 11.05. Calculation of Impact Fees. 1. Impact fees for water and sewer shall be determined by multiplying the number of service unit equivalents in the proposed development by the amount per service unit equivalent due by referring to Schedules A — Equivalency Table and Schedule B — Water/Wastewater Impact Fees. Schedule A Water/Wastewater Equivalency Tables WATER METER SIZE SERVICE UNIT EQUIVALENT WATER IMPACT FEE WASTEWATER IMPACTFEE 5/8" 1.0 $ 557 $ $237 3/4" 1.5 $836 $355 1" Simple 2.5 1393 $592 1 1/2" Simple 5.0 $2,785 $1,183 2" Compound 8.0 $4,456 $1,892 3" Compound 16.0 $8,912 $3,784 4" Compound 25.0 $13,925 $ 5,913 6" Compound 50.0 $27,850 $ 11,825 8" Compound 80.0 544,560 $18,920 10" Compound 115.0 $64,055 $27,198 Ordinance No. 2005-11-01. Page 5 I 1 LAND USE TYPE AVG. AREA COVERAGE SERVICE UNTI EQUIVALENT Low/Medium Densi Residential 3.5 du/acre 1 High Density Residential 21.4 du/acre 3.8 Commercial/Retail 10,890 art ft/acre* 11.5 office 13,070 sq ft/acre* 5.5 Industrial 13,070 sq ft/acre* 3.6 Public/Semi-Public 10,890 sq ft/acre 3.5 * Gross Square Feet (GSF) Building Area per Acre 2. Impact fees for roadway service areas identified on Map 11.05 shall be determined by referring to Schedule C for the appropriate land use. Map 11.05 3. If a development subject to impact fees under this section has an actual area coverage that ' varies by more than ten percent (10%) from the average area coverage used as the basis for determination of impact fees as contained in Schedule A — Equivalency Table, the impact fees assessed shall be determined by multiplying the fees calculated in accordance with subsection 1 herein by a ratio the numerator being the actual coverage and the denominator being the average area coverage shown in Schedule A. Ordinance No. 2005-11-01, Page 6 4. The determination of impact fees shall be reduced by any allowable credits for the category I n FACILITY CATEGORY of capital improvements. MAXIMUM IMPACTFEE PER SERVICE UNITEQUIV. 5. The total amount of unpaid impact fees shall be attached to the request for permit or WATER FACILITIES connection. $557 6. Replatting shall not require recalculation of impact fees unless the number of service units is WASTEWATER FACILITIES increased or land uses change. If a proposed development increases the number of service $ 237 units, the impact fee shall be recalculated. ROADWAY FACILITIES Schedule B $ 1,316 IMPACT FEE RATES I n FACILITY CATEGORY SERVICE AREA MAXIMUM IMPACTFEE PER SERVICE UNITEQUIV. ADOPTED IMPACTFEE PER SERVICE UNITEQUIV. WATER FACILITIES ALL $557 557 WASTEWATER FACILITIES ALL $ 237 $ 237 ROADWAY FACILITIES 1 $ 1,316 $ 1,316 ROADWAY FACILITIES 2 $ 2,252 $ 2,252 ROADWAY FACILITIES 3 $ 425 $ 425 ROADWAY FACILITIES 4 $ 1,869 $ 1,869 ROADWAY FACILITIES 5 $ 1,082 $ 1,082 ROADWAYFACILITIES 6 $ 906 $ 906 ROADWAY FACILITIES 7 $ 309 $ 309 ROADWAY FACILITIES 8 $ 1,427 $ 1,427 Schedule C Roadway Impact Fees/Acre b Land Use Ordinance No. 2005-11-01, Page 7 Low/Medium High Density Commercial Office Industrial Public/ Semi - Density Residential /Retail Public Residential Service Equivalent 1 3.8 11.5 5.5 3.6 3.5 Service Area 1 $ 1,316 $5,001 $ 15,134 $ 7,238 $ 4,738 $4,606 Service Area 2 $ 2,252 $8,558 $ 25,898 $ 12,386 $ 8,107 $7,882 Service Area $ 425 $1,615 $ 4,888 $ 2,338 $ 1,530 $1,488 Service Area $ 1,869 1$7,104 $ 21,499 $10,282 $ 6,730 $6,544 Ordinance No. 2005-11-01, Page 7 Section 11.06. Credits. 1. Any construction of, contributions to, or dedications of any facility appearing on the capital improvements plan which is required by the city to be constructed by the owner as a condition of development shall be credited against the impact fees otherwise due from the development. Credit for impact fees due an owner in one category of impact fees may not be used to offset impact fees in another category. 2. The amount of each credit for required construction of a facility shall be calculated by multiplying the value of the facility assessed for the capital improvements plan by a fraction, the numerator of which is the impact fee per service unit equivalent due for the new development computed using Schedule A and the denominator of which is the maximum impact fee per service wit computed using the plan. ' 3. As an alternative to the foregoing, the city and owner may enter into an agreement providing that, in addition to the credit, owner will be reimbursed for all or a portion of the costs of such facilities from impact fees received from other new developments that will use such capital improvements of facility expansions. 4. An owner shall be entitled to a credit against any category of impact fee provided in any written agreement between the city and the owner. 5. No credit for construction of any facility shall exceed the total amount of impact fees due from the development for the same category of improvements. Section 11.07. Accounting for Fees and Interest 1. All impact fees collected shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee is adopted. 2. Interest earned will be credited to the account and is subject to the same restrictions on expenditures as the funds generating such interest. 3. Impact fees and the interest earned thereon may be expended only for the purposes for which such fees were imposed as shown in the Capital Improvements Plan. 4. The records of the accounts into which impact fees we deposited shall be open for public inspection and copying during ordinary business hours. Section 11.08. Refunds. ' 1. On the request of an owner of property on which an impact fee has been paid, impact fees shall be refunded if existing facilities are available and service is denied, or, if the city failed to commence construction of facilities required for service within two years of payment of the fee, or if construction is not complete within a reasonable time considering the type of Ordinance No. 2005-11-01, Page 8 Low/Medium Density Residential High Density Residential Commercial / Retail Office Industrial Public/ Semi- Public Service Area 5 $ 1,082 $4,112 $ 12,443 $ 5,951 $ 3,895 $3,787 Service Area 6 $ 906 $3,443 $ 10,419 $ 4,983 $ 3,262 $3,171 Service Area $ 309 $1,174 $ 3,554 $ I,700 $ 1,112 $1,082 Service Area 8 $ 1,427 $5,421 $ 16,405 $ 7,846 $ 5,135 $4,993 Section 11.06. Credits. 1. Any construction of, contributions to, or dedications of any facility appearing on the capital improvements plan which is required by the city to be constructed by the owner as a condition of development shall be credited against the impact fees otherwise due from the development. Credit for impact fees due an owner in one category of impact fees may not be used to offset impact fees in another category. 2. The amount of each credit for required construction of a facility shall be calculated by multiplying the value of the facility assessed for the capital improvements plan by a fraction, the numerator of which is the impact fee per service unit equivalent due for the new development computed using Schedule A and the denominator of which is the maximum impact fee per service wit computed using the plan. ' 3. As an alternative to the foregoing, the city and owner may enter into an agreement providing that, in addition to the credit, owner will be reimbursed for all or a portion of the costs of such facilities from impact fees received from other new developments that will use such capital improvements of facility expansions. 4. An owner shall be entitled to a credit against any category of impact fee provided in any written agreement between the city and the owner. 5. No credit for construction of any facility shall exceed the total amount of impact fees due from the development for the same category of improvements. Section 11.07. Accounting for Fees and Interest 1. All impact fees collected shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee is adopted. 2. Interest earned will be credited to the account and is subject to the same restrictions on expenditures as the funds generating such interest. 3. Impact fees and the interest earned thereon may be expended only for the purposes for which such fees were imposed as shown in the Capital Improvements Plan. 4. The records of the accounts into which impact fees we deposited shall be open for public inspection and copying during ordinary business hours. Section 11.08. Refunds. ' 1. On the request of an owner of property on which an impact fee has been paid, impact fees shall be refunded if existing facilities are available and service is denied, or, if the city failed to commence construction of facilities required for service within two years of payment of the fee, or if construction is not complete within a reasonable time considering the type of Ordinance No. 2005-11-01, Page 8 capital improvements or facility expansion to be constmcted, but not in any event more than five years from date of payment of the fee. ' a. Any impact fee funds not expended within ten years after payment shall be refunded. b. Refunds shall bear interest calculated from the date of collection to the date of refund at the statutory rate set forth in Section 302.002 Tex. Fm. Cone or its successor statutes. c. All refunds will be made to the owner of record at the time the refund is paid. If, however, the impact fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity. 2. The owner of the property on which the impact fee was paid, or another political subdivision or governmental entity that paid the impact fee, have standing to sue for a refund under this section." Section 11.09. Appeals. Upon written application of the owner of property upon which impact fees were assessed, the City council shall consider appeals to the interpretations of or errors in the application of the impact fee regulations or schedules used to calculate the fees or credits. SECTION 2. For development for which an application for preliminary plat approval has been filed with the City of Allen, Collin County, Texas before September 1, 2001, the amount of impact fees for water, wastewater and roadway facilities shall be determined according to Article XI of the Allen Land Development Code prior to its amendment herein. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining ' portions of said ordinance, as amended hereby, which shall remain in full force and effect. SECTION 4. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. Any violation of this ordinance may be enjoined by suit filed in the name of the City of Allen, Collin County, Texas, in a court of competent jurisdiction; and this remedy shall be in addition to any penal provision in this ordinance or in the Code of Ordinances of the City of Allen, Collin County, Texas, as amended. SECTION 6. This ordinance shall take effect immediately from and after its passage and publication in accordance with its provisions of the Charter of the City of Allen, Collin County, Texas. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 1n DAY OF NOVEMBER, 2001. APPROVED: ►/���/�v Stephen n Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, crft AorTORNEY Ju y�Mor Ikon, CMC/AAE, CITY SECRETARY Ordinance No. 2005-11-01, Page 9