§ 14-10. Assessment of impact fees.

(a)

Assessment of the impact fee for any new development shall be at the time of final plat approval or upon approval of a building permit for property already platted for either new development, redevelopment resulting in an increase in service units, when possible (see (g) below) and shall be based upon the maximum impact fees per service unit then in effect, as set forth in Schedule 1. Assessment of the maximum impact fee for any new development shall be made as follows:

(1)

For land which is platted at the time of application for a building permit or utility connection, or for a new development which received final plat approval prior to the effective date of this chapter, and for which no replatting is necessary pursuant to the city's subdivision regulations prior to development, 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 at the rates set forth in Schedule 2.

(2)

For a new development which is submitted for approval pursuant to the city's subdivision regulations on or after the effective date of this chapter, or for which replatting results in an increase in the number of service units after such date, assessment of impact fees shall be at the time of final plat approval, and shall be at the rates set forth in Schedule 1.

(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 or other development application 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 the provisions set forth herein.

(d)

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

(e)

For a development which received final plat approval prior to adoption of impact fees by the city, or for which no plat approval is required, assessment of impact fees shall be at the time of application for permit of service in the amount set forth herein.

(f)

After a development has been assessed impact fees under this chapter, no new impact fee shall be assessed against that development unless:

(1)

The final plat lapses or expires or a new application for final plat approval is submitted on the property; or

(2)

The number of service units to be developed on the property increases.

(g)

For business developments where building gross floor area is not known at the time of final plat approval, assessment of impact fees shall occur upon application for building permit.

( Ord. No. 2597, § 10, 4-1-14 )