§ 86.298. Assessment of impact fees.

(a)

The assessment of the amount of the impact fee per service unit for each category of capital improvements for a new development shall be made as follows:

(1)

For a new development on land which is unplatted at the time of a building permit, plumbing permit or utility application and for which platting is not required, the assessment shall occur at the time a building permit, plumbing permit, or utility application is submitted, whichever first occurs, and shall be the amount of the maximum impact fee per service unit then in effect in Schedule 1.

(2)

For a new development on platted property the assessment shall occur at the time of plat recordation, and shall be the maximum amount of the impact fee per service unit in effect for the date of recordation, as described in Schedule 1.

(b)

No Increase in fees. Following assessment under subsection (a), the amount of the assessment per service unit for that development cannot be increased unless the quantity of service units needed for that development increases by the submission of a new application for plat approval or other development application that results in approval of additional service units. In the event of such an increase in service units, a new assessment shall occur using the Schedule 1 rate then in effect for such additional service units.

(c)

Plat vacation. Following the vacating of any plat or submittal of any replat, a new assessment must be made in accordance with subsections (a) and (b).

(d)

Amending plat. Approval of an amending plat under V.T.C.A., Local Government Code, § 212.016 and the city's land development code will not change the assessment for the affected area except as provided in subsection 86.298(b).

( Ord. No. 2013-70, § 1, 12-17-13 )