HomeMy WebLinkAboutORD 2023-08 - Impact Fee UpdateORDINANCENO. -OS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN TEXAS ("CITY") AMENDING CHAPTER 13.32 OF
THE CODE OF ORDINANCES RELATING TO WATER AND
WASTEWATER IMPACT FEES TO AMEND THE DEFINITIONS;
AMEND THE LAND USE ASSUMPTIONS; AMEND THE IMPACT FEE
CAPITAL IMPROVEMENTS PLAN FOR WATER AND
WASTEWATER FACILITIES; AMEND THE COMPUTATION
O F I M P A C T F E E S; AMEND THE WATER AND WASTEWATER
IMPACT FEE SERVICE AREAS; AMEND THE WATER AND
WASTEWATER IMPACT FEE AMOUNT; AMEND THE ASSESSED
WATER AND WASTEWATER FEE HISTORY; INCLUDING A
SEVERABILITY CLAUSE; INCLUDING A CONFLICTS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Local Government Code, Chapter 395 requires a city to update
the land use assumptions and capital improvements plan for impact fee purposes at least every
5 years; and
WHEREAS, the City last updated its Impact Fees in 2018; and
WHEREAS, the City has heretofore levied and collected an impact fee in accordance
with the procedures and requirements of Chapter 395, Texas Local Government Code;
WHEREAS, in accordance with Section 395.052, the City caused qualified
professionals (professional engineers licensed to perform engineering services in the State
of Texas) to update the land use assumptions, capital improvements plan, and calculate new
impact fees all in accordance with Chapter 395 of the Texas Local Government Code and to
prepare a report entitled "2022 Update of Water and Wastewater Impact Fees" which contains
updated land use assumptions, capital improvements plan information, and new impact fee
calculations for the City;
WHEREAS, the "2022 Update of Water and Wastewater Impact Fees" report also
contains updated land use assumptions, capital improvements plan information, and new impact
fee calculations for City of Georgetown's impact fee service area;
WHEREAS, in accordance with Section 395.056 of the Local Government Code, the
City appointed an impact fee advisory committee, and the committee reviewed the engineering
report and recommended adoption of the new land use assumptions, capital improvements
plan as set forth in the final report, and recommended adoption of a new impact fees at the
maximum amount calculated in the final report;
Ordinance No 2023 — 0 2S
2023 Impact Fee Update
Page 1 of 9
WHEREAS, in accordance with Section 395.055 of the Local Government Code, notice
of a public hearing on the proposed amendments to the land use assumptions, capital
improvements plan and impact fee amount was timely published in the Killeen Daily Herald
and the Marble Falls Highlander on Tuesday, December 20,2022 Williamson County Sun on
December 21, 2022 and the draft and final engineering reports were also was made available
to the public on the City's website for review in December 2022 and January 2023, respectively;
WHEREAS, a public hearing to discuss the proposed amendments to the land use
assumptions, capital improvements plan, and impact fees was held by the City on January 24,
2023; and
WHEREAS, after consideration of engineering report, public testimony and other
data presented to the City, the City Council desires to amend the land use assumptions
and impact fee capital improvements plan, and to amend the City's impact fee.
NOW THEREFORE BE IT ORDERED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN TEXAS, THAT:
Section 1. The matters and facts recited in the preamble of this ordinance are found to
be true and correct and are incorporated as a part of this ordinance.
Section 2. The Council hereby adopts the updated land use assumptions and capital
improvements plan as presented in the final engineering report dated January 2023.
Section 3. Section 13.32.010.E of the City Code of Ordinances relating to definitions
is hereby amended and revised as follows:
ACM means an Assistant City Manager of the City of Georgetown or designee.
Approved development plan means a plan that has received approval following the
subdivision regulations or Unified Development Code process (Preliminary Plat, Final Plat,
Public Review Final Plat) or is recorded as a platted lot with Williamson County or has legal lot
status as determined by the Unified Development Code.
Assessment means a determination of the amount of the impact fee per service unit in effect
on the date or occurrence established for same in this chapter and is the maximum amount that
can be charged per service unit of development.
Capital improvement means water supply, treatment and distribution facilities and
wastewater collection and treatment facilities owned and operated by or on behalf of the City
having a life expectancy of three or more years.
COG Western District means the area contained within the former Certificate of
Convenience and Necessity #11590 for Chisholm Trail in Bell, Burnet, and Williamson
Ordinance No10V3-0R
2023 Impact Fee Update
Page 2 of 9
Counties, Texas, located outside of the City of Georgetown corporate limits and extraterritorial
jurisdiction as said area may change from time to time in accordance with applicable laws and
agreements.
Existing development means 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 means a charge imposed upon new development in order to generate revenue for
funding or recouping the costs of water and wastewater capital improvements or facility
expansions necessitated by or attributable to new development excluding those site -related
facilities required by other ordinances of the City Code.
Impact fee capital improvements plan means the plan required by the Texas Impact Fee Act
as adopted or amended from time to time by the City Council that identifies the capital
improvements or facilities expansions and the associated costs for which impact fees may be
assessed.
Impact fee service area means that area within the City of Georgetown corporate
boundaries and extraterritorial jurisdiction covered by the capital improvement plan served by
the water and/or 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.
Land use assumptions means 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-year period
as adopted and amended from time to time by the City.
Multifamily means all multi -unit residential buildings with more than five dwelling units
within one building, including without limitation, apartments, multifamily houses, and
condominiums.
New development means 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 for
water and wastewater service beyond that which existed during the initial assessment of impact
fees, if any.
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. For water and wastewater facilities, the service unit shall constitute the basis
for establishing equivalency within various customer classes based upon the relationship of the
continuous duty maximum flow rate in gallons per minute for a water meter of a given size and
type compared to the continuous duty maximum flow rate in gallons per minute for a three -
fourth -inch diameter simple water meter.
Ordinance No
2023 Impact Fee Update
Page 3 of 9
South Fork Service Area means that portion of the Impact Fee Service Area applicable to
projects with a Development Approval Date prior to October 1, 2023 shown on Exhibit A and
more generally described as the natural drainage area for the South San Gabriel River and
Middle Fork of the San Gabriel River and bounded by Reagan, IH 35, FM 2243, and Lake
Georgetown.
Utility connect permit application means the filing with the City of a written application for
a water or wastewater tap and the acceptance of applicable fees therefore by the City. The term
"utility connect permit application" shall not be applicable to a master water meter or master
wastewater connection purchased from the City by a wholesale utility customer.
Wastewater facility means a capital improvement or facility expansion for providing
wastewater service including but not limited to land or easements, treatment facilities, lift
stations, and interceptor mains. The term does not include wastewater lines or mains which are
constructed by developers, the costs of which are reimbursed from charges paid by subsequent
users of facilities and which are maintained in dedicated trusts. The term "wastewater facilities"
also does not include dedication of easement or rights -of -way or easements or construction or
dedication of on -site wastewater collection facilities required by valid ordinances of the City and
necessitated by and attributable to new development.
Water facility means improvements for providing water service including but not limited to
land or easements, water supply facilities, treatment facilities, pumping facilities, storage
facilities or transmission mains. The term does not include water lines or mains constructed by
developers, the costs of which are reimbursed from charges paid by subsequent users of the
facilities maintained in dedicated trusts. The term does not include dedication of rights -of -way or
easements or construction or dedication of on -site water distribution facilities required by valid
ordinances of the City and necessitated by and attributable to new development.
Wholesale customers means water or wastewater customers of the City's water and/or
wastewater utilities which purchase such utility service at wholesale for resale to their retail
customers.
Section 4. Section 13.32.050 of the City Code of Ordinances relating to the determination of
service units is hereby amended and revised to provide as follows:
Section 13.32.050. - Determination of service units.
A. Table for non -multifamily uses. The number of service units for non -multifamily
uses for both water and wastewater service is determined by the size and type of
the water meter purchased the property in accordance with the following table:
Continuous Duty Maximum
Meter Size (Inch) Rate (gpm) Service Units
Ordinance No 7073-0
2023 Impact Fee Update
Page 4 of 9
*5/8 10
F
0.667
3/4 15
r
1.000
1 25
1.667
1- 1/2 50
3.333 i
2 100
6.667
3 240
16.000 I
4 420
28.000 I
�! 6 F 920
61.333
8 1600
I
106.667
10 2500
166.667
*Note: Use of 5/8" meter for limited application to small residential units
(<1,200 square feet of air conditioned/heated space) where no automatic
landscape irrigation system will be installed. Other potential applications
are public facilities such as restrooms in parks.
B. Multifamily uses. The number of service units for multifamily uses for both water
and wastewater service is determined by multiplying the number of dwelling units
by .667.
C. Calculation. Service units shall be calculated based upon Subsection A or B above
as applicable.
D. Pressure anomalies. If a larger or smaller meter is required solely due to
abnormally low or high pressure in the City's main, the ACM may adjust the
number of service units to reflect more accurately the flow rate and system pressure
conditions.
E. No water meter. Upon application for a building permit for lots for which no water
meter has been purchased, wastewater service units shall be determined by a
professional engineer licensed in the State of Texas subject to the approval of the
ACM.'
F. Nonstandard meter. No adjustment in service units shall be made for water use or
fire demand that falls between standard meter sizes or combinations.
G. Irrigation Meter. Commercial and multifamily properties shall have a separate
irrigation meter.
H. Revision of service units designation. The City Council may revise the service units
designation in accordance with the procedures set forth in the Texas Impact Fee Act.
Ordinance Nn 2Crt..S —❑ $
2023 Impact Fee Update
Page 5 of 9
Section 5. Section 13.32.080 of the Code of Ordinances relating to computation of impact
fees is hereby amended and revised as follows:
Sec. 13.32.080. Computation of impact fees.
A. Following the filing and acceptance of a written application for building permit, the
City shall compute the impact fee due in the following manner:
The number of service units for the property shall be determined pursuant to
Section 13.32.050;
2. 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; and
3. 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 B.2. 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.
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. 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.
E. 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.
F. 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.
G. 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).
Ordinance No OS
2023 Impact Fee Update
Page 6 of 9
Section 6. Subsection 13.32.120 (G) of the City Code of Ordinances is hereby deleted, and
all remaining subsections of Section 13.32.120 remain unchanged.
Section 7. Exhibit B of Chapter 13.32 relating to Water and Wastewater Impact
Fee per Service Unit is hereby amended to provide as follows:
Item
Impact Fee per Service Unit —
Effective October 1, 2023
Water all areas
Supply
$2,424.00
Treatment
$4,244.00
Pumping
$1,190.00
Ground Storage
$672.00
Elevated Storage
$296.00
Transmission
$2 173.00
Impact Fee Study
$1.00
TOTAL
$11 000.00
Wastewater
Treatment
$2,841.00
Pumping
$589.00
Interceptors
$2,698.00
Impact Fee Study
$1.00
TOTAL
$6,129.00
Combined Water and Wastewater
$17,921.00
Each of the foregoing fees are per standard service unit. Total impact fees shall be
calculated as set forth in Section 13.32.050 of the City Code of Ordinances.
Section 7.—.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:
Development Approval
Type
Water
Wastewater
South Fork
Date
Service
Area
Ordinance No 'ZOZ3 O
2023 Impact Fee Update
Page 7 of 9
Before October 1, 2003
Non-
$1,325
$1,098
N/A
residential
Before October 1, 2003
Residential
$825
$600
N/A
After October 1, 2003 and
All
$2,295
$1,869
N/A
before October 11, 2005
After October 11, 2005 and
All
$3,324
$1,881
$3,114
before November 5, 2010
After November 5, 2010 and
All
$3,511
$1,694
$2,927
before October 1, 2015
After October 1, 2015 and
All
$5,139
$2,997
$4,452
before October 1, 2016
After October 1, 2016 and
All
$6,139
$2,997
$4,452
before October 1, 2017
After October 1, 2017 and
All
$7,039
$2,997
$4,452
before October 1, 2022
After October 1, 2022 and
All
$6,921
$3,115
$4,348
before October 1,
2023
After October 1, 2023
All
$11,000
$6,129
N/A
Section 8. That all ordinances in conflict with the provisions of this ordinance
be 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 9. 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.
Ordinance No Z67-3 Pg
2023 Impact Fee Update
Page 8 of 9
Section 10. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective October 1, 2023.
PASSED AND APPROVED on First Reading on the 24th day of January, 2023.
PASSED AND APPROVED on Second Reading on the 151h day of February, 2023.
ATTEST:
City SecretEWy
APPROVED AS TO FORM:
City o.rne
Ordinance No 71923 D
2023 Impact Fee Update
Page 9 of 9
(SEAL)
- CODE OF ORDINANCES
Title 13 - PUBLIC UTILITIES AND SERVICES
CHAPTER 13.32. WATER AND WASTEWATER IMPACT FEES
CHAPTER 13.32. WATER AND WASTEWATER IMPACT FEE
Sec. 13.32.010. General provisions.
A. Purpose. The purpose of the water and wastewater impact fees are to generate revenue for
funding or recouping the cost of capital improvements or facility expansions necessitated by
and attributable to new development.
B. Applicability. This chapter shall be applicable uniformly to new development which occurs
within the water and wastewater service area. For new development which occurs within the
boundaries of the city's wholesale customers or other political subdivisions, the applicability
and terms for the assessment and collection of the impact fee shall be defined by agreement.
C. Authority. This chapter is adopted pursuant to the authority of the Texas Local Government
Code Annotated, Chapter 395 (Vernon 1988), hereinafter to be known as the "Texas Impact
Fee Act." The provisions of this chapter shall not be construed to limit the power of the city
to adopt an impact fee pursuant to any other source of local authority nor to limit the
utilization of any other methods or powers otherwise available for accomplishing the
purposes set forth herein.
D. Development approval. No application for new development shall be approved by the city
without assessment of an impact fee pursuant to this chapter, and no application for building
permit/utility connect permit application shall be approved until the applicant has paid the
impact fee imposed by and calculated hereunder.
E. Definitions. As utilized in this chapter, the following terms shall have the meanings ascribed
to them herein below:
ACM means the an Assistant City Manager of the City of Georgetown or designee.
Approved development plan means a plan that has received approval following the
subdivision regulations or Unified Development Code process (Preliminary Plat, Final Plat,
Public Review Final Plat) or is recorded as a platted lot with Williamson County or has legal lot
status as determined by the Unified Development Code.
Assessment means a determination of the amount of the impact fee per service unit in effect
on the date or occurrence established for same in this chapter and is the maximum amount that
can be charged per service unit of development.
Capital improvement means water supply, treatment and distribution facilities and
wastewater collection and treatment facilities owned and operated by or on behalf of the City
having a life expectancy of three or more years.
COG Western District means the area contained within the former Certificate of
Convenience and Necessity #11590 for Chisholm Trail in Bell, Burnet, and Williamson
Counties, Texas, located outside of the City of Georgetown corporate limits and extraterritorial
jurisdiction as said area may change from time to time in accordance with applicable laws and
agreements.
Page 1 of 14
Existing development means 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 means a charge imposed upon new development in order to generate revenue for
funding or recouping the costs of water and wastewater capital improvements or facility
expansions necessitated by or attributable to new development excluding those site -related
facilities required by other ordinances of the City Code.
Impact fee capital improvements plan means the plan required by the Texas Impact Fee Act
as adopted or amended from time to time by the City Council that identifies the capital
improvements or facilities expansions and the associated costs for which impact fees may be
assessed.
Impact fee service area means that area within the City of Georgetown corporate boundaries
and extraterritorial jurisdiction covered by the capital improvement plan served by the water
and/or 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.
Land use assumptions means 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-year period
as adopted and amended from time to time by the City.
Multifamily means all multi -unit residential buildings with more than five dwelling units
within one building, including without limitation, apartments, multifamily houses, and
condominiums.
New development means 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 for
water and wastewater service beyond that which existed during the initial assessment of impact
fees, if any.
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. For water and wastewater facilities, the service unit shall constitute the basis
for establishing equivalency within various customer classes based upon the relationship of the
continuous duty maximum flow rate in gallons per minute for a water meter of a given size and
type compared to the continuous duty maximum flow rate in gallons per minute for a three -
fourth -inch diameter simple water meter.
South Fork Service Area means that portion of the Impact Fee Service Area applicable to
projects with a Development Approval Date prior to October 1, 2023, shown on Exhibit A and
more generally described as the natural drainage area for the South San Gabriel River and
Middle Fork of the San Gabriel River and bounded by Reagan, IH 35, FM 2243, and Lake
Georgetown.
Utility connect permit application means the filing with the City of a written application for
a water or wastewater tap and the acceptance of applicable fees therefore by the City. The term
Page 2 of 14
"utility connect permit application" shall not be applicable to a master water meter or master
wastewater connection purchased from the City by a wholesale utility customer.
Wastewater facility means a capital improvement or facility expansion for providing
wastewater service including but not limited to land or easements, treatment facilities, lift
stations, and interceptor mains. The term does not include wastewater lines or mains which are
constructed by developers, the costs of which are reimbursed from charges paid by subsequent
users of facilities and which are maintained in dedicated trusts. The term "wastewater facilities"
also does not include dedication of easement or rights -of -way or easements or construction or
dedication of on -site wastewater collection facilities required by valid ordinances of the City and
necessitated by and attributable to new development.
Water facility means improvements for providing water service including but not limited to
land or easements, water supply facilities, treatment facilities, pumping facilities, storage
facilities or transmission mains. The term does not include water lines or mains constructed by
developers, the costs of which are reimbursed from charges paid by subsequent users of the
facilities maintained in dedicated trusts. The term does not include dedication of rights -of -way or
easements or construction or dedication of on -site water distribution facilities required by valid
ordinances of the City and necessitated by and attributable to new development.
Wholesale customers means water or wastewater customers of the City's water and/or
wastewater utilities which purchase such utility service at wholesale for resale to their retail
customers.
Sec. 13.32.020. Land use assumptions.
A. The land use assumptions shown in the most current impact fee study for water and
wastewater impact fees which is on record in the office of the City Secretary, are hereby
adopted and incorporated into this Chapter by reference as if set forth in full.
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.
Sec. 13.32.030. Water and wastewater impact fee service area.
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.
Page 3of14
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 contained
within the most current impact fee study for water and wastewater impact fees which is on
record in the office of the City Secretary, is hereby adopted and incorporated in this Chapter
by reference as if set forth in full.
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.
Sec. 13.32.050. Determination of service units.
A. Table for non -multifamily uses. The number of service units for non -multifamily uses for
both water and wastewater service is determined by the size and type of the water meter
purchased for the property in accordance with the following table:
Meter Size (Inch)
Continuous Duty
Maximum Rate
( m)
Service Units
%
10
0.667
3/4
15
1.000
1
25
1.667
1'/2
50
3.333
2
100
6.667
3
240
16.000
4
420
28.000
6
920
61.333
8
1600
106.667
10
2500
166.667
* Note: Use of W meter for limited application to small residential units (< 1,200 square
feet of air conditioned/heated space) where no automatic landscape irrigation system will be
installed. Other potential applications are public facilities such as restrooms in parks.
B. Multifamily uses. The number of service units for multifamily uses for both water and
wastewater service is determined by multiplying the number of dwelling units by .667
C. Calculation. Service Units shall be calculated based upon Subsection A or B above as
applicable..
D. Pressure anomalies. If a larger or smaller meter is required solely due to abnormally low or
high pressure in the City's main, the ACM may adjust the number of service units to reflect
more accurately the flow rate and system pressure conditions.
(Supp. No. 25)
Page 4 of 14
Created: 2022-09-29 10:23:13 [EST]
E. No water meter. Upon application for a building permit for lots for which no water meter
has been purchased, wastewater service units shall be determined by a professional engineer
licensed in the State of Texas subject to the approval of the ACM.
F. Nonstandard meter. No adjustment in service units shall be made for water use or fire
demand that falls between standard meter sizes or combinations.
G. Irrigation meter. Commercial and multifamily properties shall have a separate irrigation
meter.
H. Revision of service units designation. The City Council may revise the service units
designation in accordance with the procedures set forth in the Texas Impact Fee Act.
Sec. 13.32.060. Impact fees per service unit.
Maximum Allowable Fee. The maximum impact fee per service unit shall be computed by
dividing the cost of water and wastewater capital improvements and facilities expansions
necessitated by and attributable to new development identified in the impact fee capital
improvements plan for each category of capital improvements by the total number of projected
service units in the impact fee service area based upon the land use assumptions, and then may
be adjusted to reflect a credit, as appropriate, for other non -fee methods of capital payments
referenced in Texas Local Government Code Annotated, Chapter 395.014(a)(7). Maximum
impact fees per service unit shall be established for each category of capital improvements and
shall be as set forth in Exhibit B attached to the ordinance codified in this chapter, on record in
the office of the City Secretary, and incorporated in this chapter by reference.
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.
B. Assessment of the water and wastewater impact fees for any new development shall be
made as follows:
1. For land on which new development occurs or is proposed to occur 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 the
preliminary plat application is deemed completed pursuant to the UDC 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 Subsections B.3 through B.4 of this Section;
2. For land on which new development occurs or is proposed to occur for which no plat is
required or issued, assessment shall occur at the time of building permit application or
if no building permit is issued for the new development, assessment shall be at the time
of utility connect permit application;
3. For land on which new development occurs or is proposed to occur for which a
preliminary plat was approved, but which has expired, or which has had a completed
application and has become dormant, assessment shall occur at the time a new
Page 5 of 14
preliminary plat application is deemed complete pursuant to the Unified Development
Code;
4. For land on which new development occurs or is proposed to occur that is located
within the boundaries of a municipal utility district whether inside or outside the
corporate boundaries of the City, assessment shall occur at the time of recordation of
the subdivision final plat containing the connection.
C. 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.
Sec. 13.32.080. Computation of impact fees.
A. 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 for the property shall be determined pursuant to Section
13.32.050;
2. 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; and
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 B.2. 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.
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. 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.
E. 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.
F. 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.
G. 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
(Supp. No. 25)
Page 6 of 14
Created: 2022-09-29 10:23:13 [EST]
and other applicable fees or if existing facilities do not have actual capacity to provide
service to the new connection(s).
Sec. 13.32.090. Collection of impact fees.
Except as provided by an agreement pursuant Local Government Code § 395.018, Impact
Fees due for a new development shall be collected:
At the time the City issues a building permit; or
2. 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.
Sec. 13.32.100. Reserved.
Sec. 13.32.110. Grandfathered plats.
For property which has received an approved development plan before the effective date of
the ordinance codified in this chapter and for which the approval has not expired, impact fees
assessed and collected shall be those shown in Exhibit C of this chapter.
Sec. 13.32.120. Exceptions and exemptions.
A. Limitation on modification. Except as provided in this chapter or by contract in existence on
the effective date of the ordinance codified in this chapter, any reduction, change or
modification in the amount or time of payment of the impact fee must be approved by a
duly enacted ordinance of the City Council.
B. Private system connected. An impact fee shall not be assessed on any property that receives
service from a central water supply system owned by a person or an entity other than the
City or a wastewater treatment plant owned by a person or entity other than the City and
which water supply system or wastewater treatment system is to be tied into the City's water
and wastewater system.
C. Consumption meter. The owner of a meter used to monitor water that is utilized exclusively
for consumptive purposes and/or that cannot enter the City wastewater system will not be
charged the wastewater impact fee.
D. Fire protection capacity. No fee shall be collected for the purchase of a tap that is utilized to
provide only fire protection capacity.
E. Nothing hereinabove stated shall be construed to alter the terms of a contract with a
wholesale customer of the City regarding the payment of impact fees and shall not be
construed to authorize the payment of impact fees in installments in areas encompassed by
such a contract for wholesale service.
F. Exchange. A tap may be exchanged before any water or wastewater service has been
received for another tap without collection of the impact fees established in this chapter if
the exchange will result in an equivalent or lesser number of service units to be utilized on
the property for which the tap was originally purchased. The number of service units to be
exchanged shall be determined in accordance with Section 13.32.050 and shall not be based
on the number of units at the time of initial purchase.
Page 7 of 14
Sec. 13.32.130. Establishment of accounts.
A. The City's Division of Finance and Administration shall establish separate interest -bearing
accounts clearly identifying the category of capital improvement (i.e., water facilities and
wastewater facilities) within the service area for which the impact fee is collected.
B. Interest earned by each account shall be credited to the account on which it is earned and
shall be used solely for the purposes specified for impact fees as authorized hereinbelow.
C. The City's Division of Finance and Administration shall establish adequate financial and
accounting controls to ensure that impact fees disbursed from the account are utilized solely
for the purposes authorized in this chapter. Disbursement of funds shall be authorized by the
City at such times as are reasonably necessary to carry out the purposes and intent of this
chapter; provided, however, that any fee paid shall be expended within a reasonable period
of time, but not to exceed ten years from the date the fee is deposited into the account.
D. The City's Division of Finance and Administration shall maintain and keep adequate
financial records for each such account, which shall show the source and disbursement of all
revenues, which shall account for all moneys received, the number of service units for
which the moneys are received, and which shall ensure that the disbursement of funds from
each account shall be used solely and exclusively for the provision of projects specified in
the impact fee capital improvements plan as system -related capital projects. The City's
Division of Finance and Administration shall also maintain such records as are necessary to
ensure that refunds are appropriately made in accordance with this chapter.
Sec. 13.32.140. Use of proceeds of impact fee accounts.
A. The impact fee collected pursuant to this chapter may be used to finance or to recoup capital
construction costs for water and wastewater facilities identified in the impact fee capital
improvements plan. Impact fees may also be used to pay the principal sum and interest and
other finance costs on bonds, notes or other obligations issued by or on behalf of the city to
finance such capital improvements or facilities expansions.
B. Impact fees collected pursuant to this chapter shall not be used to pay for any of the
following expenses:
1. Construction, acquisition or expansion of capital improvements or assets other than
those identified for the water and wastewater utility in the impact fee capital
improvements plan;
2. Repair, operation or maintenance of existing or new capital improvements or facilities
expansions;
3. Upgrading, expanding or replacing existing capital improvements to serve existing
development in order to meet stricter safety, efficiency, environmental or regulatory
standards;
4. Upgrading, expanding or replacing existing capital improvements to serve existing
development; provided, however, that impact fees may be used to pay the costs of
(Supp. No. 25)
Page 8 of 14
Created: 2022-09-29 10:23:13 [EST]
upgrading, expanding or replacing existing capital improvements in order to meet the
need for new capital improvements generated by new development; or
5. Administrative and operating costs of the City.
See. 13.32.150. Refunds.
A. Any impact fee or portion thereof collected pursuant to this chapter which has not been
expended within ten years from the date of payment, shall be refunded, upon application, to
the record owner of the property at the time the refund is paid, or, if the impact fee was paid
by another governmental entity, to such governmental entity, together with interest
calculated from the date of collection to the date of refund at the statutory rate as set forth in
Tex. Local Gov. Code § 395.025, or any successor statute.
B. If a refund is due pursuant to subsection A of this section, the refund of unexpended fee
payments, including interest from the date of payment, shall be made to the current record
owner or governmental entity.
C. Upon completion of all the capital improvements or facilities expansions identified in the
capital improvements plan upon which the fee was based, the City shall recalculate the
maximum impact fee per service unit using the actual costs for the improvements or
expansions. If the maximum impact fee per service unit based on actual cost is less than the
impact fee per service unit paid, the city shall refund the difference if such difference
exceeds the impact fee paid by more than ten percent. The refund to the record owner or
governmental entity shall be calculated by multiplying such difference by the number of
service units for the development for which the fee was paid, and interest due shall be
calculated upon that amount.
D. 1. Upon the request of an owner of the property on which an impact fee has been paid, the
City shall refund such fees i£
a. Existing service is available and service is denied; or,
b. Service was not available when the fee was collected and the city has failed to
commence construction of facilities to provide service within two years of fee
payment; or,
C. Service was not available when the fee was collected and has not subsequently
been made available within a reasonable period of time considering the type of
capital improvement or facility expansion to be constructed, but in any event no
later than five years from the date of the payment.
2. A refund pursuant to this subsection shall also result in cancellation of the tap permit
and the refund of all building permit fees and/or connection fees previously collected.
3. If the holder of a building permit for property for which a building permit has been
obtained relinquishes the building permit for a refund, a canceled building permit must
be presented before the refund can be made.
E. The city shall refund an appropriate proportion of impact fee payments in the event that a
previously purchased but uninstalled water meter for which the impact fee has been paid is
Created: 2022-09-29 10:23:13 [EST]
(Supp. No. 25)
Page 9 of 14
replaced with a smaller meter, based on the per service unit differential of the two meter
sizes and the fee per service unit at the time of the original fee payment.
F. A petition for refund under this section shall be submitted to the ACM on a form provided
by the City for such purpose. Within one month of the date of receipt of a petition for
refund, the ACM must provide the petitioner, in writing, with a decision on the refund
request, including the reasons for the decision. If a refund is due to the petitioner, the ACM
shall notify the City Division of Finance and Administration and request that a refund
payment be made to the petitioner.
Sec. 13.32.160. Updates to plan and revisions of fees.
The City shall review the land use assumptions and impact fee capital improvements plan
for water and wastewater facilities at least every five years, with the five-year period to
commence from the date of adoption of the impact fee capital improvements plan referenced in
this Section. The City Council shall accordingly make a determination of whether changes to the
land use assumptions, impact fee capital improvements plan or impact fees are needed and shall,
in accordance with the procedures set forth in the Texas Impact Fee Act, or any successor statute,
either update the fees or make a determination that no update is necessary.
Sec. 13.32.170. Use of other financing mechanisms.
A. In addition to the use of impact fees, the City may finance water and wastewater capital
improvements or facilities expansions designated in the impact fee capital improvements
plan through the issuance of bonds, through the formation of public improvements districts
or other assessment districts, or through any other authorized mechanism and with any other
authorized funds, in such manner and subject to such limitations as may be provided by law.
B. Except as otherwise provided herein, the assessment and collection of a impact fee shall be
additional and supplemental to, and not in substitution of, any other tax, fee, charge or
assessment which is lawfully imposed on and due against the property.
Sec. 13.32.180. Impact fees as additional and supplemental regulation.
A. Impact fees established by this chapter are additional and supplemental to, and not in
substitution of, any other requirements imposed by the City on the development of land or
the issuance of building permits or the sale of water or wastewater taps or the issuance of
certificates of occupancy. Such fees are intended to be consistent with and to further the
policies of the City's Century Plan, impact fee capital improvements plan, zoning ordinance,
subdivision regulations and other City policies, ordinances and resolutions by which the
City seeks to ensure the provision of adequate public facilities in conjunction with the
development of land.
B. This chapter shall not affect, in any manner, the permissible use of property, density of
development, design, and improvement standards and requirements, or any other aspect of
the development of land or provision of public improvements subject to the zoning and
subdivision regulations or other regulations of the City, which shall be operative and remain
in full force and effect without limitation with respect to all such development.
Page 10 of 14
Sec. 13.32.190. Relief procedures.
A. Any person who has paid an impact fee or an owner of land upon which an impact fee has
been paid may petition the Council to determine whether any duty required by this chapter
has not been performed within the time so prescribed. The petition shall be in writing and
shall state the nature of the unperformed duty and the request that the act be performed
within 60 days of the request. If the Council determines that the duty is required pursuant to
this chapter and is late in being performed, it shall cause the duty to commence within 60
days of the date of the request and to continue until completion.
B. Any person who has been assessed an impact fee under this chapter may appeal that
assessment by written application to the Director. The City Council may enforce, reduce or
modify the assessment, after providing a public hearing with due notice and opportunity to
be heard, if it determines that the assessment is unwarranted or in error.
C. Existing platted properties with an approved development plan that are extended municipal
water and wastewater service will be assessed the then -applicable impact fee at time of
utility connect permit application. The new customer in this case shall have the option of
either immediate full payment of the assessed fee or an extended payment plan of up to 60
months at a current rate of interest as determined by the Director of Finance, starting with
the utility connect permit application date. If such partial payments by the customer are
more than 30 days overdue, this shall serve as grounds for termination of water and/or
wastewater service.
D. The Council may grant a variance or waiver from any requirement of this chapter, upon
written request by a developer or owner of property subject to this chapter, following a
public hearing, and only upon finding that a strict application of such requirement would,
when regarded as a whole, result in extreme hardship to the applicant and that the grant of
the waiver or variance is in the best interest of the City.
E. If the Council grants a variance or waiver to the amount of the impact fees due for new
development under this section, it shall cause to be appropriated from other City funds the
amount of the reduction in the impact fees to the amount in which the fees would have been
deposited.
Page 11 of 14
EXHIBIT A
WATER AND WASTEWATER IMPACT FEE SERVICE AREA MAP
City of Georgetown & Western District
Potential Impact Fee Application Area
COG Mntem District
impact Fee by Agreement
C
ell-
Geolgetovm tns .n
Service Area
27
5
Page 12 of 14
EXHIBIT B
WATER AND WASTEWATER IMPACT FEE PER SERVICE UNIT
Item
Impact Fee per Service Unit —
Effective October 1 2023
Water all areas)
supply
$2,491.00
Treatment
$4,121.00
Pumping
$1,118.00
Ground Storage
$655.00
Elevated Storage
$394.00
Transmission
$2 220.00
Impact Fee Study
$1.00
TOTAL
$11,000.00
Treatment
$2,136.00
Pumping
$809.00
Interceptors
$3 977.00
Impact Fee Study
$1.00
TOTAL
$6 129.00
Combined Water and
Wastewater
$17,921.00
Each of the foregoing fees are per standard service unit. The impact fees for service units
greater than the standard 3/4-inch meter shall be calculated as set forth in Section 13.32.050 of the
City Code of Ordinances.
Page 13 of 14
EXHIBIT C
ASSESSED WATER AND WASTEWATER IMPACT FEE HISTORY
(PER SERVICE UNIT)
Development Approval
Type
Water
Wastewater
South Fork
Date
Service Area
Before October 1, 2003
Non-residential
$1,325.00
$1,098.00
N/A
Before October 1, 2003
Residential
$825.00
$600.00
N/A
After October 1, 2003 and
All
$2,295.00
$1,869.00
N/A
before October 11, 2005
After October 11, 2005
All
$3,324.00
$1,881.00
$3,114.00
and before November 5,
2010
After November 5, 2010
All
$3,511.00
$1,694.00
$2,927.00
and before October 1, 2015
After October 1, 2015 and
All
$5,139.00
$2,997.00
$4,452.00
before October 1, 2016
After October 1, 2016 and
All
$6,139.00
$2,997.00
$4,452.00
before October 1, 2017
After October 1, 2017 and
All
$7,039.00
$2,997.00
$4,452.00
before October 1, 2018
After October 1, 2018
All
$6,921.00
$3,115.00
$4,348.00
After October 1, 2022
All
$6,921
$3,115
$4,348
After October 1, 2023
All
$11,000
$6,129
N/A
Page 14 of 14