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HomeMy WebLinkAboutO-4198-1-26ORDINANCE NO. 4198-1-26 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING ARTICLE XI “IMPACT FEES,” SECTION 11.06 “CREDITS” RELATING TO IMPACT FEE CREDITS FOR THE USE OF MORE EFFICIENT WATER AND WASTEWATER INFRASTRUCTURE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, finds it to be in the public interest to amend the Allen Land Development Code of the City of Allen, Texas, as previously amended, relating to impact fee credits for the use of more efficient water and wastewater infrastructure in compliance S.B. 14, 89th Leg., 2d C.S. (Tex. 2025). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Article XI “Impact Fees,” Section 11.06 “Credits,” Subsection 5 of the Allen Land Development Code, is amended as follows: “Sec. 11.06. - Credits. … 5. Any construction, contribution, or dedication of an eligible facility, system or product that results in water reuse, conservation or savings shall earn a credit equal to 2.5% of the assessed impact fee otherwise due from the new development. To qualify as an eligible facility, at the time of water or wastewater impact fee is due, the applicant must submit certification from a professional engineer or architect, to the satisfaction of the director of engineering, that such facility: a) reduces per service unit water consumption, supply requirements, or necessary treatment and distribution infrastructure per service unit; or, b) decreases the need of wastewater collection and treatment facilities per service unit; or, c) diminishes the demand for stormwater and drainage facilities per service unit; or, d) integrates practices or technologies that achieve water efficiency, reuse or conservation performance that exceeds standard compliance requirements set forth in section 14-14.1 of Code of Ordinances.” SECTION 2. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance, the provisions of this Ordinance shall be controlling. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of