§ 33-154. Assessment of impact fees.

(a)

Assessment of the impact fee for any new development shall be made as follows:

(1)

For land which is unplatted at the time of application for a building permit or utility connection and for which no platting is necessary pursuant to the city's subdivision regulations prior to development, or for a development which received final plat approval prior to the effective date of the ordinance establishing water, wastewater, and roadway impact fees and for which no replatting is required, assessment of impact fees shall occur at the time application is made for the building permit or utility connection, whichever first occurs, and shall be the amount of the maximum impact fee per service unit as set forth in Schedule 1 then in effect.

(2)

For a new development that received final plat approval on or after the effective date of the ordinance establishing water, wastewater, and roadway impact fees, assessment of water, wastewater, and roadway impact fees shall be at the time of final plat approval and shall be the amount of the maximum impact fee per service unit as set forth in Schedule 1 then in effect.

(3)

For a new development that received final plat approval on or after the effective date of the ordinance establishing water and wastewater impact fees but prior to the effective date of the ordinance establishing roadway impact fees, assessment of roadway impact fees shall be as provided in subsection (1). For a new development that received final plat approval on or after the effective date of the ordinance establishing roadway impact fees, assessment of roadway impact fees shall be as provided in subsection (2).

(b)

Following assessment of the impact fee pursuant to subsection (a), the amount of the impact fee assessment per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval that results in approval of additional service units, in which case a new assessment shall occur at the schedule 1 rate then in effect for such additional service units.

(c)

Following the vacating of any plat or submittal of any replat, a new assessment must be made in accordance with section 33-154(a)(2).

(d)

Approval of an amended plat pursuant to V.T.C.S., Local Government Code, § 212.016 and the city's subdivision regulations is not subject to reassessment for an impact fee.

(Ord. No. 2092, 8-20-01; Ord. No. 2494, § 1d., 11-17-08; Ord. No. 2725 , § 1d., 10-21-13; Ord. No. 2830 , § 1d., 11-2-15)