§ 8-52. Definitions.

For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Access improvement means road improvements necessary to provide safe and adequate ingress and egress. Access improvements include but are not limited to the following: (a) right-of-way and easements; (b) left and right turn lanes; (c) acceleration and deceleration lanes; (d) traffic control devices, signs and markings; and (e) drainage and utilities.

Accessory building, structure or use means a detached, subordinate building, structure or use, the use of which is clearly incidental to and serves the principal building or use of the land and which is located on the same lot as that of the principal building or use.

Advisory committee means a body of members appointed by the city council, composed of not less than five members, where no less than 40 percent of the membership shall be representative of the real estate, development, or building industry who are not employees or officials of a political subdivision or governmental entity. The planning and zoning commission may, with the approval of the city council, act as the advisory committee, provided that the commission includes 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. If no such representative is a member of the planning and zoning commission, the commission may act as the advisory committee if at least one such representative is appointed by the city council as an ad hoc voting member of the planning and zoning commission when it acts as the advisory committee. Where the terms of this article extend the application of the impact fee into the city's extraterritorial jurisdiction, the membership of the advisory committee shall include a representative from that area.

Arterial roads means roads that primarily function to accommodate the movement of relatively large traffic volumes for relatively long distances at relatively high speeds. Land access, when provided, is subservient to the movement function. This classification includes all roads that function above the level of a collector road.

Assessment means the determination of the amount of the maximum impact fee per service unit that can be imposed on new development pursuant to this article.

Capital improvement means any of the following facilities that have a life expectancy of three or more years and are owned and operated by or on behalf of a political subdivision:

(1)

Water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; and storm water, drainage, and flood control facilities; whether or not they are located within the service area; and

(2)

Roadway facilities.

Capital improvements plan means a plan contemplated by this article that identifies capital improvements or facility expansions for which impact fees may be assessed. The said plan is dated July 2016 and entitled "Capital Improvement Plan," as prepared by Kimley-Horn and Associates, Inc. and on file in the office of the city secretary; the plan dated July 2016, and entitled "Roadway Impact Fee Update," as prepared by Kimley-Horn and Associates, Inc., and on file in the office of the city secretary; and the plan dated September 2016, entitled "Office Creek Drainage Impact Fee Update," as prepared by Kimley-Horn and Associates, Inc., and on file in the office of the city secretary.

Collector roads means an intermediate classification of roads that provides both land access and movement service for medium-length trips at relatively moderate speeds. Collector roads connect local streets to arterial streets.

Credit means the amount of the reduction of an impact fee for fees, payments or charges for or construction of the same type of facility.

Development permit means includes any building permit, zoning approval, subdivision approval, rezoning, development order, special exception, variance, or any other official action of local government having the effect of permitting the development of land.

Facility expansion 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.

Final plat approval or approval of a final plat means the point at which the applicant has complied with all conditions of approval and the plat has been released for filing with the county clerk.

Impact fee means a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the 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)

Dedication of land for public parks or payment in lieu of the dedication to serve park needs;

(2)

Dedication of rights-of-way or easements or 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 to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines; or

(4)

Other pro rata fees for reimbursement of water or sewer mains or lines extended by the city.

However, an item included in the capital improvements plan may not be required to be constructed except in accordance with V.T.C.A., Local Government Code § 395.019(2), and an owner may not be required to construct or dedicate facilities and to pay impact fees for those facilities.

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 that has been adopted by the city and upon which the capital improvements plan is based.

Local roads means roads that primarily function to accommodate land access for abutting property. Local roads may provide service for relatively small traffic volumes for relatively short distances at relatively low speeds. Through traffic movement, when provided, is subservient to the land access function. This classification includes all roads that function below the level of a collector road.

Major road network means the interconnecting system of roads classified as arterial and collector roads established by the official plan of the city. The major road network includes:

(1)

Existing arterial and collector roads or trafficways;

(2)

Planned extensions to existing arterial and collector roads or trafficways; and

(3)

Planned new arterial and collector roads or trafficways.

Marginal cost means the additional cost incurred to provide off-site improvements over and above that which would be necessary to provide the on-site improvements needed to serve the development.

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.

Nonsite-related improvements means road improvements, including rights- of-way, which are necessary to provide safe and adequate travel service for the movement of vehicular traffic, and which are in excess of, or in addition to, site-related improvements. Nonsite-related improvements may include on-site or off-site improvements to the road network. The road impact fee provided in this article is designed to cover the costs inherent to the construction of nonsite-related at-grade improvements to the road network.

Office Creek drainage capital improvements plan means a plan contemplated by this article that identifies Office Creek drainage capital improvements or facility expansions for which storm water, drainage, and flood control impact fees may be assessed. The said plan is dated September 2016, and entitled "Office Creek Drainage Impact Fee Update," as prepared by Kimley-Horn and Associates, Inc., and on file in the office of the city secretary.

Off-site means located entirely on property that is not included within the bounds of the plat being considered for impact fee assessment.

Off-site improvements means road improvements located outside of the boundaries of the development site that are necessary to provide safe and adequate travel service for vehicular traffic.

On-site improvements means road improvements located within the boundaries of the development site that are necessary to provide safe and adequate travel service for vehicular traffic.

Political subdivision means a municipality, or a district or authority created under article III, section 52, or article XVI, section 59 of the Texas Constitution.

Roadway facilities means arterial or collector streets or roads that have been designated on an officially adopted roadway plan of the political subdivision, together with all necessary appurtenances. The term includes the political subdivision's share of costs for roadways and associated improvements designated on the federal or Texas highway system, including local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances, and rights-of-way.

Road impact fee, impact assessment fee means the fee required to be paid in accordance with this article.

Service area means the area within the corporate boundaries or extraterritorial jurisdiction, as determined under V.T.C.A., Local Government Code ch. 42, of the political subdivision to be served by the capital improvements or facilities expansions specified in the capital improvements plan, except roadway facilities and storm water, drainage, and flood control facilities. The service area, may include all or part of the land within the city or its extraterritorial jurisdiction, except for roadway facilities and storm water, drainage, and flood control facilities. For roadway facilities, the service area is limited to an area within the corporate boundaries of the city and shall not exceed six miles. For storm water, drainage, and flood control facilities, the service area may include all or part of the land within the city or its extraterritorial jurisdiction, but shall not exceed the area actually served by the storm water, drainage, and flood control facilities designated in the capital improvements plan and shall not extend across watershed boundaries.

(1)

For water supply, treatment and distribution facilities, and wastewater collection and treatment facilities: the entire area within the corporate limits of the city and its extraterritorial jurisdiction to be served by the capital improvements and facilities expansion specified in the capital improvements plan.

(2)

For roadway facilities: each individual area designated in the land use assumptions served by the roadway facilities designated in the capital improvements plan.

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 of facility expansions. Service unit is defined in the capital improvements plan.

Sanitary sewer facility means an improvement for providing wastewater collection and treatment, including, but not limited to, land or easements, treatment facilities, lift stations, and interceptor mains. Sanitary sewer facility excludes sanitary sewer lines or mains which are constructed by developers, the costs of which are reimbursed from pro rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility.

Site-related improvements means road improvements, including rights-of-way, which are necessary to provide safe and adequate travel service for the movement of vehicular traffic between the traffic-generating land uses within the development, and between the development and road network. Site-related improvements may include on-site or off-site improvements to the road network. The road impact fee established by this article is not intended to assess an amount that constitutes an approximation of the costs to construct site-related road improvements, therefore, an assessment for, or the construction of, site-related road improvements shall be considered as an addition to the assessment calculated pursuant to the terms of this article.

Trafficways means a classification of roads, related to planning and design criteria, which primarily functions to facilitate the through movement of traffic rather than providing direct access to abutting properties.

Water facility means an improvement for providing water supply, treatment and distribution service, including, but not limited to, land or easements, water treatment facilities, water supply facilities, and water distribution lines. Water facility excludes water lines or mains that are constructed by developers, the costs of which are reimbursed from pro rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility.

(Ord. No. 97-1000, § 3, 11-17-1997; Ord. No. 00-1186, § 3, 4-3-2000; Code 1983, § 8-52; Ord. No. 03-1480, § 3(8-52), 8-4-2003; Ord. No. 07-1721, § 2, 6-18-2007; Ord. No. 2010-1853, § 2, 7-6-2010; Ord. No. 2010-1859, § 2, 9-7-2010; Ord. No. 2016-2233 , § 2, 10-18-2016; Ord. No. 2016-2234 , § 2, 10-18-2016)