Loading...
HomeMy WebLinkAboutORD 2005-61 - Water & Wastewater Impact FeesORDINANCE NO. An Ordinance of the City Council of the City of Georgetown, Texas Amending Chapter 13.32 of the Code Of Ordinances Relating to Impact Fees to Revise the Land Use Assumptions; Revise the Impact Fee Capital Improvements Plan; Revise the Amount of the Impact Fees; Create a Special Impact Fee Service Area for the South Fork of the San Gabriel River and Establishing a Special Area Impact Fee for the South Fork Service Areas Revise the Provisions Relating to the Time For Assessment And Collection of Impact Fees to be Consistent with State Law; Including a Severability Clause; Including a Conflicts Clause; and Providing an Effective Date. WHEREAS, the Texas Local Government Code, Chapter 395, known as the "Texas Impact Fee Act" (the "Act') requires a city to update the land use assumptions and capital improvements plan for impact fee purposes at least every five (5) years; and WHEREAS, the City of Georgetown last updated its Impact Fees in 2003; • WHEREAS, the City retained the services of qualified professionals (professional engineers licensed to perform engineering services in the State of Texas) to update the capital improvements plan and calculate the impact fee in accordance with the requirements of the Act; and WHEREAS, pursuant to Section 395.058 of the Act, the City Council appointed an Impact Fee Advisory Committee to advise and assist the City in the manner described in Section 395.058 of the Act; and WHEREAS, the Impact Fee Advisory Committee has completed its study and issued its final report entitled "2005 Update of the Water and Wastewater Impact Fees City of Georgetown, Texas'; and WHEREAS, notice of the hearing on the amendments to the land use assumptions, capital improvements plan, or impact fee was published in the Williamson County Sun on August 24 and August 28, 2005 in accordance with Section 395.055 of the Act; and WHEREAS, a public hearing was held by the City Council on September 27, 2005 to discuss the proposed ordinance amending the land use assumptions, capital improvements plan, or impact fees; and WHEREAS, after considering the comments of the Impact Fee Advisory Committee and comments made at the public hearing, the City Council finds that it Ordinance No. O Revised Impact Fee Ordinance Page 1 of 10 is in the public interest, and compliant with the Act, to amend Chapter 13.32 as set forth herein; and WHEREAS, the caption of this ordinance was printed in the Williamson County Sun on September 21, 2005, in compliance with the City Charter of the City of Georgetown; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following elements of the Century Plan Policy Plan and that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter the Policy Plan: Policy End 12.00 City owned, sponsored or managed utilities provide safe, adequate and reliable services to all customers. Policy End 14.00 All municipal operations are conducted in an efficient businesslike manner and sufficient financial resources for both current and future needs are provided. SECTION 2. Section 13.32.010.E., of the City Code of Ordinances, relating to Definitions, is amended to revise the Definition of "Impact Fee Service Area" and to add a Definition for "South Fork Service Area" as follows, with no other changes to the remaining provisions of the section: "Impact fee service area" means that area within the corporate limits and extraterritorial jurisdiction of the City to be served by the water and wastewater capital improvements or facilities expansions specified in the impact fee capital improvements plan, and which includes the South Fork San Gabriel River Service Area. "South Fork Service Area" means that portion of the Impact Fee Service Area shown on Exhibit A and more generally described as the natural drainage area for the South San Gabriel River and bounded by the future Parmer Lane, IH 35, FM 2243, and SH 29. SECTION 3: Section 13.32.020 of the City Code of Ordinances, relating to Land Use Assumptions, is hereby amended and revised to provide as follows: Ordinance No. 42 Revised Impact Fee Ordinance Page 2 of 10 Sec. 13.32.020. Land use assumptions. A. The land use assumptions shown in Section 3 of the "2005 Update of the Water and Wastewater Impact Fees City of Georgetown, Texas" incorporated by reference as if set forth in full, and which was exhibited and considered at the public hearing on September 27, 2005 are hereby adopted. B. Said land use assumptions for the City shall be updated at least every five years utilizing the amendment procedure set forth in the Texas Impact Fee Act. C. Amendment to the land use assumptions shall incorporate projections of changes in land uses, densities, intensities and population for the service area over at least a ten-year period. SECTION 4: Section 13.32.030 of the City Code of Ordinances relating to "Water and Wastewater Impact Fee Service Areas" is hereby amended and revised to provide as follows: Sec. 13.32.030. Water and wastewater impact fee service areas. A There is established an overall water and wastewater Impact Fee Service Area, the boundaries of which are depicted on the map attached to the ordinance codified in this chapter as Exhibit A on record in the office of the City Secretary and incorporated in this chapter by reference. B. Within the Impact Fee Service Area there is established the South Fork Service Area which is depicted on the map attached to the ordinance codified in this chapter as Exhibit A on record in the office of the City Secretary and incorporated in this chapter by reference. C. The boundaries of the water and wastewater Impact Fee Service Area and the South Fork Service Area may be amended from time to time in accordance with the procedures set forth in the Texas Impact Fee Act. SECTION 5: Section 13.32.040 of the City Code of Ordinances , relating to Impact fee capital improvements plan for water and wastewater facilities" is hereby amended and revised to read as follows: Sec. 13.32.040. Impact fee capital improvements plan for water and wastewater facilities. A. The impact fee capital improvements plan for water and wastewater facilities dated August 2005, on record in the office of the City Secretary, is adopted and incorporated in this chapter by reference. B. The impact fee capital improvements plan for water and wastewater facilities may be amended from time to time pursuant to the procedures set forth in the Texas Impact Fee Act. SECTION 6: Section 13.32.070 relating to "Assessment of Impact Fees" is hereby amended to correct a scrivener's error in numbering of the sections of that section as follows: Sec. 13.32.070. Assessment of impact fees. A. The approval of any subdivision of land or of any new development within the impact fee service area shall include as a condition of development the assessment of the impact fee applicable to such development. Ordinance No. (/C/ f Revised Impact Fee Ordinance Page 3 of 10 B. Assessment of the water and wastewater impact fees for any new development shall be made as follows: 1. For a development which is submitted for approval pursuant to the City's subdivision regulations following the effective date of the ordinance codified in this chapter, assessment shall be at the time a preliminary plat is approved by City Council and shall be in the amount of the assessed fee per service unit then in effect as set forth in Exhibit B, attached to the ordinance codified in this chapter, on record in the office of the City Secretary, except as provided in subsection (13)(2), (3) , (4) of this section; 2. For a development for which no plat is required or issued, assessment shall occur at the time of building permit application. For development for which no building permit is issued, assessment shall be at the time of utility connect permit application; 3. For a development for which a preliminary plat was approved, but which has expired, assessment shall occur at the time a new preliminary plat approval is sought; 4. For septic tank cutovers, assessment shall be at the time of utility connect permit application. C. Following assessment of the impact fee hereunder, the amount of the impact fee per service unit may not be increased above the assessed fee unless the owner redevelops or seeks approval of new plan required as a result of an approved development plan expiration. D. An application for an amended plat made pursuant to Texas Local Government Code Section 212.016 (Vernon) or the City's subdivision rules is not subject to a reassessment of the impact fee. SECTION 7: Section 13.32.080 of the City Code of Ordinances , relating to "Computation of Impact Fees" is hereby amended to delete Subsection A in its entirety and to renumber the remaining subsections as follows: Sec. 13.32.080. Computation of impact fees. A. Except as provided in Subsection I of this Section 13.32.080, following the filing and acceptance of a written application for building permit, the City shall compute the impact fee due in the following manner: 1. The number of service units shall be determined by the size of the water meter purchased or by evaluation of the ACM at the time of utility connect permit application as hereinabove provided; 2. Service units shall be summed for all meters purchased for the development; 3. Total service units shall be multiplied by the assessed fee per service unit for water or wastewater service as depicted in Exhibit B attached to the ordinance codified in this chapter and on record in the office of the City Secretary; 4. All applicable offsets, credits or discounts per service unit allowable under this chapter for water or wastewater service shall be subtracted from the product derived under subsection (13)(3) of this section. B. The amount of impact fee due for new development shall not exceed the amount computed by multiplying the assessed fee for water or wastewater service by the total number of service units generated by the development. Ordinance No. C2005 `" Revised Impact Fee Ordinance Page 4 of 10 C. Whenever the property owner increases the number of service units for a development, the additional impact fees collected for such new service units shall be determined based on the assessed fee and applicable offsets, credits and discounts then in effect and such additional fee shall be collected at the time the additional meters are purchased. D. In the event the property owner decreases the number of service units for a development, the property owner shall be entitled to a refund of the impact fee for impact fees actually paid, but only for the amounts represented by the decrease in service units based on the assessed fee and offsets, credits or discounts applicable at the time the fee was paid. E. Payment of an impact fee in accordance with the terms and conditions of this chapter shall entitle the payor to receive a credit for same to be used in the event the tap for the property for which the fee is paid expires and must be repurchased; provided, however, that the impact fee is not refundable upon expiration of the tap. F. If the tap or building permit for the property on which an impact fee is paid has expired and a new application is thereafter filed for the identical property and the number of service units, the impact fee previously paid satisfies the requirements of this chapter. G. The impact fee shall attach to the property for which the impact fee was paid and shall not be transferable to other properties or service units. H. No request to connect to the water and wastewater system shall be granted and no building permit shall be issued if the applicant cannot verify payment of the appropriate impact fee and other applicable fees or if existing facilities do not have actual capacity to provide service to the new connection(s). I. On an after the effective date of the 2005 ordinance amending this Section, the water impact fee for 5/8" meters installed for small residential units (i.e., residential units less than 1,200 square feet or air conditioned/heated space where no automatic landscape irrigation system will be installed) , shall be $1,530. The wastewater impact fee for 5/8" meters installed for small residential units (as defined and described herein) shall be calculated as described in subsections A through H of this Section 12.32.080. SECTION 8: Section 13.32.090 of the City Code of Ordinances , relating to "Collection of Impact Fees" is hereby amended to amend Subsection A in its entirety, to delete subsection C, and to renumber the remaining provisions and provide as follows: Sec. 13.32.090. Collection of impact fees. A. Impact Fees shall be collected: (1) at the time the City issues a building permit; or (2) for land platted outside the corporate boundaries of the City, at the time an application for a utility connection to the City's water or wastewater system is filed; or (3) if no building permits are issued, at the time an application is filed for a utility connection to the City's water or wastewater system B. Except as otherwise provided by contracts with wholesale customers or other political subdivisions, no building permit shall be issued until all impact fees have been paid to the City. C. For a development which has received an approved development plan prior to the effective date of the ordinance codified in this chapter and for which no re -approval is necessary prior to the purchase of a water or wastewater tap, impact fees shall be collected at the time of the utility connect permit application. Ordinance No.&45+ 6° Revised Impact Fee Ordinance Page 5 of 10 SECTION 9: Section 13.32.100 of the City Code of Ordinances, relating to "Credits" is hereby amended to revise the references from "Exhibit C" to be references to "Exhibit B" as follows: Sec. 13.32.100. Credits. A. In the event that the City requires as a condition of development approval, or otherwise enters into an agreement with a developer, to have the developer construct, fund or otherwise contribute toward the cost of a water or wastewater capital improvement or facility expansion identified in the 10 -year Capital Improvements Plan underlying the maximum fee calculation, the City may provide for reimbursement in the form of credits against impact fees that would otherwise be due from the development in accordance with the following. 1. For the capacity share of the project funded by the developer and related to the developer's own service need and property benefited therefrom, the City shall provide a credit against payment of the full impact fee due at time of collection. The credit amount shall be equal to the facility's pro -rata capacity cost per service unit, but in no case shall the unit credit exceed the amount allowed for that facility type in Exhibit B of this ordinance. Such credits shall only be applicable against the impact fees for the type of facility (water or wastewater) for which the capital improvement is made. 2. For any oversizing of the facility funded by the developer, the City shall reimburse the developer in an amount equal to the facility's pro -rata capacity cost per service unit times the number of service units present in the oversizing portion, but in no case shall the unit cost for the oversizing reimbursement exceed the amount allowed for that facility type in Exhibit B of this ordinance. If the City determines there is an adequate fund balance in the appropriate capital recovery fee account, the City will make reimbursement promptly to the developer upon acceptance of the facility. If an adequate fee fund balance does not currently exist, the developer's reimbursement for this facility will be first priority for use of such funds by the City once the capital recovery fee fund balance grows to an acceptable amount, as determined by the City in its sole discretion. B. The City's capital recovery fee credit and oversizing reimbursement policy in this section only applies to facilities that are included in the 10 -year Capital Improvements Plan and included in the maximum fee calculation. This section does not apply for reimbursement of other facilities, dedication of site -related water distribution or wastewater collection facilities required by other ordinances of the City Code, or fees placed in funds that may be used for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines. (Ord. 98-73 § 5: Ord. 96-1 § 2 (Art. A) (part)) Ordinance No. Revised Impact Fee Ordinance Page 6 of 10 SECTION 10: Exhibit A of Chapter 13.32 relating to Water and Wastewater Impact Fee Service Area Map, is hereby amended to provide as follows: Water and Wastewater Impact Fee Service Area Map r�I� Current ETJ 1431 City of Georgetown South Fork y rte; A {% Potential Impact Fee Sewer Service Area 1 Application Area Ordinance No. 470 Revised Impact Fee Ordinance Page 7 of 10 SECTION 11: Exhibit B of Chapter 13.32 relating to Water and Wastewater Impact Fee per Service Unit, is hereby amended to provide as follows: WATER AND WASTEWATER IMPACT FEE PER SERVICE UNIT ITEM Assessed Impact Fee per Service Unit Supply $ 363 Treatment $ 11306 Pumping $ 274 Ground Storage $ 225 Elevated Storage $ 211 Transmission $ 941 Allocated Impact Fee Study Cost $ 3 Total Water $ 3,324 WASTEWATER (outside of South Fork Service Area) Treatment $ 874 Pumping $ 687 Interceptors $ 314 Allocated Impact Fee Study Cost $ 5 Total Wastewater $ 11881 WASTEWATER (South Fork Service Area) Treatment $ 874 Pumping $ 687 Interceptors $ 11547 Allocated Impact Fee Study Cost $ 5 Total Wastewater $ 31114 TOTAL WATERIWASTEWATER Outside of South Fork Service Area South Fork Service Area Ordinance No. 00 Revised Impact Fee Ordinance Page 8 of 10 $ 5,205 $ 6,438 SECTION 12: Exhibit C of Chapter 13.32 of the City Code of Ordinances relating to "Assessed Water and Wastewater Impact Fee History (Per Service Unit) is hereby amended to provide as follows: EXHIBIT C ASSESSED WATER AND WASTEWATER IMPACT FEE HISTORY (PER SERVICE UNIT) Development Approval Date Type Water Wastewater Before October 1, 2003 Before October 1, 2003 After October 1, 2003 And before October 11, 2005 Non-residential $1,325 $1,098 Residential $ 825 $ 600 All $27295 $1,869 SECTION 13. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 14. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 15. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. 2005. PASSED AND APPROVED on First Reading on the 27th day of September PASSED AND APPROVED on Second Reading on the day of ober., 2005. ATTEST: W 9 Sandra D. Lee, City S Ordinance No. 17 Revised Impact Fee Ordinance Page 9 of 10 THE CITY OF GEORGETOWN rls, Brown & Carls, LLP City Attorney Ordinance No. Revised Impact Fee Ordinance Page 10 of 10