HomeMy WebLinkAboutOrdinance No. 2010-1859CITY OF THE COLONY
ORDINANCE NO. 2010-1859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AMENDING CHAPTER 8, ARTICLE II,
ENTITLED "IMPACT FEES" BY AMENDING SECTION 8-52 OF
THE CODE OF ORDINANCES, ENTITLED "DEFINITIONS" BY
REDEFINING THE TERM "CAPITAL IMPROVEMENT PLAN"
AND ADDING A DEFINITION FOR "OFFICE CREEK
DRAINAGE CAPITAL IMPROVEMENTS PLAN"; ADDING
CHAPTER 8, SECTION 8-64(C) OF THE CODE OF
ORDINANCES, ENTITLED "OFFICE CREEK DRAINAGE
IMPACT FEES" BY UPDATING THE OFFICE CREEK
DRAINAGE IMPACT FEES FOR DRAINAGE FACILITIES
BASED UPON AN AMENDED LAND USE ASSUMPTIONS, AND
CAPITAL IMPROVEMENTS PLAN; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 395 of the Texas Local Government Code authorizes the
imposition and collection of drainage impact fees for eligible capital improvements and
facilities; and
WHEREAS, the City of The Colony, Texas, has previously adopted land use
assumptions, capital improvements plan for drainage impact fees; and
WHEREAS, Section 395.052 of the Texas Local Government Code requires the
City of The Colony, Texas, to conduct a periodic update of the land use assumptions and
capital improvements plan; and
WHEREAS, the City of The Colony (hereinafter referred to as the "City")
contracted with Kimley Horn and Associates, Inc. to perform an Office Creek Drainage
Impact Fee Update, a copy of which is attached hereto and incorporated herein as Exhibit
"A," as amended, which is attached hereto and incorporated herein for all purposes; and
WHEREAS, in accordance with Chapter 395 of the Texas Local Government
Code, as amended, notices have been published, public hearings have been held and the
written recommendations received concerning land use assumptions and drainage impact
fees, which is identical to the capital improvements plan prepared by a qualified
professional engineer; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of
the City to adopt such land use assumptions and drainage impact fees established herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are found to be true and correct
and are hereby incorporated into the body of this Ordinance for all purposes as if fully set
forth herein.
SECTION 2. That Chapter 8, Section 8-52 of the Code of Ordinances of the City
of The Colony, Texas, entitled "Definitions," is hereby amended to read as follows:
"Sec. 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.
Artericl 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 March 2007 and entitled "Impact Fee Capital Improvements Plan," as
prepared by Kimley-Horn and Associates, Inc. and on file in the office of the city
secretary; the plan dated May 2010, 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 July 2010, 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 July 2010, 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.
Trq#lcways 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."
SECTION 3. That Chapter 8, Section 8-64 of the Code of Ordinances of the
City of The Colony, Texas, entitled "Amount of impact fees," is hereby amended by
adding a new subsection (c), entitled "Office Creek Drainage Impact Fees" which shall
read as follows:
"(c) Office Creek drainage impact fees.
(1) The land use assumptions ("LUA") and the Office Creek drainage impact fee
update, which is identical to the capital improvements plan ("CIP"), prepared by Kimley
Horn and Associates, Inc., dated July, 2010, which is attached hereto and incorporated
herein for all purposes as Exhibit "A", together with all its amendments, exhibits and
appendices, are hereby approved. Exhibit "A" is not set out herein but is on file and shall
be maintained in the office of the city secretary and available for inspection. The LUA
and drainage impact fee established herein shall be reviewed and updated at least every
five years.
(2) Schedule of Office Creek drainage impact fees:
(A) The fees established in this section are based on the calculation of the
inventory of lots and tracts, having taken into consideration the size and
impervious area on the benefited property. The city establishes the following
rates:
Residential unit:
Each residential single-family unit, town home,
duplex, or manufactured home: $277.00 per lot
(B) There is hereby established an equivalency unit (hereinafter "ERU") for
non-residential property which is based on an average impervious area of 3,406
square feet per single-family residential unit, which is as follows:
Non-residential unit:
Each multi-family or non-residential unit: $277.00 per ERU:
An ERU is an equivalent residential unit and is equal to 3,406 square feet
of impervious area."
SECTION 4. An Office Creek drainage impact fee, as provided in Exhibit "A"
and as authorized by Chapter 395 of the Texas Local Government Code, as amended, is
hereby imposed. The maximum amount of the drainage impact fee that could be assessed
within the Service Area will be determined as provided in Exhibit "A." The actual
amount of impact fees assessed within the service area will be determined as provided by
in Exhibit "A".
SECTION 5. The methodology for drainage impact fees, including the service
area, service units, cost per service unit, and service unit calculation shall be provided in
Chapter IV of Exhibit "A".
SECTION 6. Drainage impact fee calculations, which shall include maximum
assessable impact fee per service unit, plan for awarding the drainage impact fee credit
shall be as provided in Chapter V of Exhibit "A," as amended.
SECTION 7. This section is adopted pursuant to Chapter 395 of the Texas Local
Government Code, as amended. The provisions of this section shall not be construed to limit
the power of the City to utilize other methods authorized under State law or pursuant to
other City powers to accomplish the purposes set forth herein, either in substitution or in
conjunction with this section. Guidelines may be developed by City Council resolution or
otherwise to implement and administer this section.
SECTION 8. It is hereby declared to be the intention of the City Council that the
words, phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable,
and if any word, phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining words, phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same would have
been enacted by the City Council without the incorporation of this Ordinance of any such
unconstitutional word, phrase, clause, sentence, paragraph or section.
SECTION 9. Any provision of any prior ordinance of the City, whether codified or
uncodified, which is in conflict with any provision of this Ordinance, is hereby repealed to
the extent of the conflict, but all other provisions of the ordinances of the City, whether
codified or uncodified, which are not in conflict with the provisions of this Ordinance shall
remain in full force and effect.
SECTION 10. This Ordinance shall become effective immediately from and after
its passage and publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS 7th day of September, 2010.
Exhibit "A"
Office Creek Drainage Impact Fee Update