§ 14-4. Definitions.

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

Assessment: The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this chapter.

Building permit: Written permission issued by the city for the construction, repair, alteration or addition to a structure.

Capital improvements advisory committee (advisory committee): Advisory committee, appointed by the city council, to regularly review and update the capital improvement plan in accordance with the requirements of [V.T.C.A. Local Government Code,] chapter 395.

Capital improvement plan (CIP): The plan or plans which identify water, wastewater, and roadway capital improvements or facility expansions pursuant to which impact fees may be assessed. The capital improvement plan may be composed of a separate water and wastewater capital improvement plan and a roadway capital improvement plan.

City: City of Terrell.

City council (council): Governing body of the city.

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

Commercial development: For the purposes of this chapter, all development which is not single-family residential.

Existing development: All development within the service area which has a water or wastewater tap on the city's water or wastewater system, or which has access to the city's roadway system as of the date of adoption of this chapter.

Facility expansion: The expansion of the capacity of an existing facility, which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include repair, maintenance, modernization, or expansion of an existing facility to better serve existing development.

Final plat: The map, drawing or chart meeting the requirements of the city's subdivision ordinance on which is provided a subdivider's plan of a subdivision, and which has received approval by the city, and which is recorded with the office of the county clerk.

Growth related cost: Capital construction cost of service related to providing additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities.

Impact fees: Fee for water, wastewater and roadway facilities to be imposed upon new development, in order to generate revenue to fund or recoup all the costs of capital improvements or facility expansion necessitated by and attributable to such new development. Impact fees do not include dedication of land for public parks or payment in lieu of the dedication to serve park needs; dedication of right-of-way or easements, or construction or dedication of site-related water distribution or wastewater collection facilities or internal roadways required by other ordinances of the City Code.

Land use assumptions: Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a ten-year period, adopted by the city, as may be amended from time to time, upon which capital improvement plans are based.

Land use equivalency table: A table converting the demands for capital improvements generated by various land uses to numbers of service units, as may be amended from time to time, which table is attached hereto and incorporated by reference herein as Exhibit 1.

New development: The subdivision of land; or 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 for water; wastewater or roadway services, or requires the purchase of a new water or wastewater tap. New development includes the purchase of a water tap resulting from the conversion of an individual well to the city's water utility and includes the purchase of a wastewater tap resulting from the conversion of an individual septic or other individual waste disposal system to the city's wastewater utility.

Offset: The amount of the reduction of an impact fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the city's subdivision regulations or requirements.

Plat: The meaning given in the city's subdivision regulations. Plat includes replat.

Property owner: 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 also includes the developer of the new development.

Recoupment: The imposition of an impact fee to reimburse the city for capital improvements which the city has constructed.

Residential development: A lot developed for use and occupancy as a residence or residences, according to the city's zoning ordinance and subdivision ordinance as adopted or amended.

Roadway: Any freeway, expressway, principal or minor arterial or collector roadways designated in the city's adopted thoroughfare plan, as may be amended from time to time. Roadway also includes any roadway designated as a numbered highway on the official federal or Texas highway system, to the extent that the city incurs capital improvement costs for such facility.

Roadway facility: Improvement for providing roadway service including, but not limited to, pavement, right-of-way, intersection improvements, drainage and traffic control devices. Roadway facility excludes roadways which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities. Roadway facilities also exclude dedication of right-of-way or easements or construction or dedication of off-site roadways required by valid ordinances of the city and necessitated and attributable to the new development.

Roadway facility expansion: Expansion of the capacity of any existing roadway improvement for the purpose of serving new development, not including repair, maintenance, modernization, or expansion of the existing roadway facility to serve existing development.

Roadway improvement plan: Portion of the CIP, as may be amended from time to time, which identifies the roadway facilities or roadway expansions and their associated cost which are necessitated by and which are attributable to new development, and which are to be financed in whole or in part through the imposition of roadway impact fees pursuant to this chapter.

Service area: An area defined in this chapter within the corporate boundaries of the city for roadway facilities or with the corporate boundaries or extraterritorial jurisdiction of the city or other areas served in the city for water and wastewater facilities to be served by the capital improvements or facility expansions specified in the capital improvement plan applicable to the service area.

Service unit: 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 or facility expansions. Service units for water and wastewater impact fees are expressed in service unit equivalents (SUEs). Service units for roadway impact fees are expressed in vehicle miles.

Service unit equivalent (SUE): Basis for establishing equivalency among and within various customer classes and land uses. The table of equivalencies for water, wastewater, and roadway are included in Exhibit 1.

Site-related facility: Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water, wastewater or roadway facilities to serve the new development, and which is not included in the impact fees capital improvements plan and for which the developer or property owner is solely responsible under subdivision or other applicable regulations.

Tap purchase: The filing with the city of a written application of water or wastewater service and the acceptance of applicable fees by the city. The term "tap purchase" shall not be applicable to a meter purchased for and exclusively dedicated to fire protection.

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

Wastewater facility expansion: Expansion of the capacity of any existing wastewater facility for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development.

Wastewater improvement plan: Portion of the capital improvement plan, as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and their associated cost which are necessitated by and which are attributed to new development, and for a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this chapter.

Water facility: A water main, pump station, storage tank or other facility included within and comprising an integral component of the city's water storage or distribution system. Water facility includes land, easements or structures associated with such facilities. Water facility excludes on site-related facilities or that portion of a water line or main which is constructed by a developer, the costs of which are reimbursed from charges paid by subsequent users of the facilities.

Water facility expansion: Expansion of the capacity of any existing water facility for the purpose of serving new development and not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development.

Water improvement plan: Portion of the capital improvement plan, as may be amended from time to time, which identifies the water facilities or water expansions and their associated cost which are necessitated by and which are attributable to new development, and for a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this chapter.

Water meter: A device for measuring the flow of water to a development, whether for domestic or for irrigation purposes.

Vehicle mile: A unit used to express both supply and demand provided by and placed on the roadway system. A combination of a number of vehicles traveling during a given time period and the distance in which these vehicles travel in miles; for supply, it is the capacity provided by facility type over a given segment distance.

( Ord. No. 2597, § 4, 4-1-14 )