§ 86.294. Definitions.

Assessment means the determination of the amount of the maximum impact fee per service unit which can be imposed on new development under this division.

Capital improvements advisory committee or CIAC means the city's planning and zoning commission, together with ad hoc representatives as may be appointed from time to time to fulfill the composition mandated by V.T.C.A., Local Government Code, ch. 395, as amended.

Capital improvement means either a water facility or a wastewater facility, with a life expectancy of three or more years, to be owned and operated by or on behalf of the city.

Capital improvements plan means the adopted plan, as amended from time to time, that identifies water and wastewater capital improvements or facility expansions and their associated costs which are necessitated by and attributable to new development and will be financed in whole or in part through water or wastewater impact fees imposed under this division. The capital improvements plan includes the wastewater improvements plan and the water improvements plan.

City means the City of San Marcos, Texas.

Credit means the amount of the reduction of an impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed.

Director means the public services director or department director designated by the city manager.

Department means the public services department or department designated by the city manager.

Facility expansion means an expansion of the capacity of any existing water or wastewater facility, as applicable, for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing water or wastewater facility to the extent that it serves existing development.

Impact fee means a fee either for water facilities or for wastewater facilities imposed on new development in order to generate revenue to fund or recoup all or part of the costs of capital improvements or facility expansions necessitated by and attributable to the new development. Impact fees do not include: 1) the dedication of on-site rights-of-way or easements for water facilities or wastewater facilities, 2) a requirement for the construction of such facilities imposed under the city's zoning or subdivision regulations, 3) fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or wastewater mains, 4) pro rata fees for reimbursement of the city's costs for extending water or wastewater mains, or 5) charges for water or wastewater services to a wholesale customer such as a water district, political subdivision of the state, or other wholesale utility customer.

Land use assumptions means the projections of population and employment growth and associated changes in land uses, densities and intensities and other planning information adopted by the city, as amended from time to time, upon which the capital improvements plan is based.

New development means an activity involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of land, which 1) has the effect of increasing the requirements for capital improvements or facility expansions, measured by the number of service units to be generated by the activity, 2) requires the approval of a plat, the issuance of a building permit, or connection to the city's water or wastewater system, and 3) is not exempted from impact fees by the provisions of this division. New development includes the conversion of an existing use from on-site water or wastewater facilities to the use of city water or wastewater facilities.

Offset means a reduction of an impact fee designed to fairly reflect the value of system facilities provided by a developer under the city's subdivision regulations or other requirements, in accordance with this division or council-approved administrative guidelines.

Peak flow calculation means the calculation of water demand based upon the proposed fixture types using city approved methodology.

Plat has the meaning given the term in chapter 8 of the Land Development Code. Plat includes replat.

Plat recordation means the date the final plat of a subdivision is filed in the appropriate county records.

Plumbing permit means any plumbing permit issued by the city building inspection division.

Property owner means any person, corporation, legal entity or agent thereof having a legal or equitable interest in the land for which an impact fee becomes due. Property owner includes the developer for a new development.

Recoupment means the imposition of an impact fee to reimburse the city for capital improvements which the city has previously oversized to serve new development.

Schedule 1 means the maximum impact fee per service unit for each service area shall be established by category of capital improvements calculated by peak flow as outlined in section 86.297 and as shown in the table below:

SCHEDULE 1
APPLICABLE WATER AND WASTEWATER IMPACT FEE AMOUNTS*
CITY OF SAN MARCOS, TEXAS

Calculated Peak Water Flow (gpm)	Living Units Equivalent LUE's by Flow	Impact Fee Prior to 10/4/2002	Impact Fee after 12/31/2003**	Impact Fee after 12/31/2013	Impact Fee after 4/30/2018
WATER UTILITY
1 to 10	1.0	$363.00	$2,466.00	$2,285.00	$3,801.00
>10 to 15	2.0	$726.00	$4,932.00	$4,570.00	$7,602.00
>15 to 25	4.0	$1,452.00	$9,864.00	$9,140.00	$15,204.00
>25 to 50	6.0	$2,178.00	$14,796.00	$13,710.00	$22,806.00
>50 to 80	8.5	$3,085.50	$20,961.00	$19,422.50	$32,308.50
>80 to 160	32.5	$11,797.50	$80,145.00	$74,262.50	$123,532.50
>160 to 250	64.5	$23,413.50	$159,057.00	$147,382.50	$245,164.50
>250 to 500	104.0	$37,752.00	$256,464.00	$237,640.00	$395,304.00
>500	150.0	$54,450.00	$369,900.00	$342,750.00	$570,150.00
WASTEWATER UTILITY
1 to 10	1.0	$527.00	$2,185.00	$3,506.00	$2,684.00
>10 to 15	2.0	$1,054.00	$4,370.00	$7,012.00	$5,368.00
>15 to 25	4.0	$2,108.00	$8,740.00	$14,024.00	$10,736.00
>25 to 50	6.0	$3,162.00	$13,110.00	$21,036.00	$16,104.00
>50 to 80	8.5	$4,479.50	$18,572.50	$29,801.00	$22,814.00
>80 to 160	32.5	$17,127.50	$71,012.50	$113,945.00	$87,230.00
>160 to 250	64.5	$33,991.50	$140,932.50	$226,137.00	$173,118.00
>250 to 500	104.0	$54,808.00	$227.240.00	$364,624.00	$279,136.00
>500	150.0	$79,050.00	$327,750.00	$525,900.00	$402,600.00

 

Maximimum fees for prior to 10/4/2002 update are:
Water $363/LUE
Wastewater: $527/LUE

Maximum fees for 2002 update are:
Water $2,466/LUE
Wastewater $2,185/LUE

Maximum fees for 2013 update are:
Water $2,285/LUE
Wastewater $3,506/LUE

Maximum fees for 2018 update are:
Water $3,801/LUE
Wastewater $2,684/LUE

*Applicable amount may be reduced by any city-approved offsets.

**Exemption rate in Ordinance 2002-81 is still in effect for remaining qualifying lots.

Service area means either an impact fee water service area or an impact fee wastewater service area within the city or the city's extraterritorial jurisdiction, within which impact fees may be collected for new development, and within which the impact fees will be expended for the types of facility improvements or expansions identified in the capital improvements plan.

Service unit means a living unit equivalent ("LUE") based upon the relationship of the maximum design water flow to that of single family residential peak demand as served by a ⅝-inch displacement-water meter. The number of service units or LUEs is based upon the peak development flow relative to the average peak demand in the system for a ⅝-inch meter and are contained in Schedules 1 and in the chart below:

Calculated Peak Water Flow (gpm)	LUE's by Flow
1 to 10	1.0
>10 to 15	2.0
>15 to 25	4.0
>25 to 50	6.0
>50 to 80	8.5
>80 to 160	32.5
>160 to 250	64.5
>250 to 500	104.0
>500	150.0

 

Site-related facility means an improvement or facility which 1) is for the primary use or benefit of a new development, or for the primary purpose of safe and adequate provision of water or wastewater facilities to serve a new development (including improvements and facilities needed to meet the greater of the city's minimum standards for water or wastewater facilities or the needs of the property being developed including, where development is being phased, all property and uses described in the subdivision concept plan for the area being developed), 2) is not included in the impact fees capital improvements plan, and 3) the developer or property owner is solely responsible for constructing or installing under subdivision or other applicable regulations.

System facility means a capital improvement or facility expansion which is designated in the capital improvements plan as a public facility owned and operated by the city and is not a site-related facility.

Utility application includes 1) any request for connection of a new development to the city water or wastewater system, 2) any request to replace or increase the size or capacity of an existing water meter to serve new development, or 3) any report, including a report from a property owner, a city employee or official, or another provider of water or wastewater services, of an additional connection to, or an increase in the use of, city water or wastewater facilities.

Wastewater facility means a wastewater interceptor or main, lift station, treatment facility or other facility included within and comprising an integral component of the city's collection, transmission and treatment system for wastewater. Wastewater facility; includes land, easements or structures associated with such facilities. Wastewater facility excludes a site-related facility.

Water facility means a water transmission line or main, pump station, storage tank, water supply facility, treatment facility or other facility included within and comprising an integral component of the city's water production, supply, storage or distribution system. Water facility includes land, easements or structures associated with such facilities. Water facility excludes a site-related facility.

Water meter means a device for measuring the flow of water to a development, whether for domestic, commercial, industrial, fire protection, irrigation, or other purposes.

( Ord. No. 2013-70, § 1, 12-17-13 ; Ord. No. 2018-10 , § 2, 4-17-18)