Ordinance 2007-34 ORDINANCE NO. 2007-34
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, UPDATING THE
THOROUGHFARE IMPACT FEES TO BE ASSESSED BY THE CITY OF
WYLIE, TEXAS AND AMENDING ORDINANCE NO. 2006-47;
ESTABLISHING A COLLECTION DATE; ESTABLISHING
PROCEDURES AND REGULATIONS REGARDING THOROUGHFARE
IMPACT FEES; AUTHORIZING THE MAYOR TO SIGN THE
APPROPRIATE COMPLIANCE STATEMENT; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, Wylie has fully complied with Chapter 395, Local Government Code,
concerning the notice, adoption, promulgation and methodology necessary to adopt land use
assumptions and a capital improvement plan determining impact fees; and
WHEREAS, the City council has amended the land use assumptions and adopted the capital
improvement plan by Ordinance No. 2006-10 and Ordinance No. 2006-3 5, as updated by Ordinance
No. 2007-27, and desires to set the amount of the thoroughfare impact fees based thereon; and
WHEREAS, the City council held a public hearing to discuss the proposed thoroughfare
impact fees; and
WHEREAS, the Advisory Committee, created under Section 395.058, Local Government
Code, filed its written comments on the proposed thoroughfare impact fees before the fifth (5`h)
business day before the date of the public hearing on the amendments; and
WHEREAS, within thirty (30) days after the public hearing on the proposed thoroughfare
impact fees, the City Council is approving amendments as more fully set forth below; and
WHEREAS, Wylie has fully complied with Chapter 395, Local Government Code, to
approve the proposed thoroughfare impact fees charged per service unit; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of Wylie to
adopt the thoroughfare impact fees set forth herein and to amend Ordinance No. 2006-47.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE TEXAS:
SECTION 1: Findin s Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein, including the land use assumptions and capital
improvement plan adopted by Ordinance No. 2006-10 and Ordinance No. 2006-35, as updated by
Ordinance No. 2007-27.
SECTION 2: Wylie Ordinance No. 2006-47 Amended. Wylie Ordinance No. 2006-47,
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which adopted thoroughfare impact fees, is hereby amended to read as follows:
Article 1. Purpose.
This Ordinance is intended to assure the provision of adequate public facilities to serve new
development in the city by requiring each such development to pay its share of the costs of such
improvements necessitated by and attributable to such new development.
Article 2. Definitions.
Area-related
facility means a capital improvement or facility expansion which is designated
in the impact fee capital improvements plan and which is not a site-related facility. Area-related
facility may include a capital improvement which is located offsite or within or on the perimeter of
the development site.
Capital improvement means any thoroughfare facilities with a life expectancy of three (3) or
more years that are owned and operated by or on behalf of Wylie.
Capital Improvements Plan means a plan adopted by. the Ordinance No. 2006-10 that
identifies capital improvements or facility expansions for which impact fees may be assessed.
.,,,.,M City or Wylie means the City of Wylie, Texas.
City Council means the City Council of the City of Wylie, Texas.
Facility expansion means the expansion of the capacity of an existing facility that serves the
same function as an otherwise necessary new capital improvement, in order that the existing facility
may serve new development. The term does not include the repair, maintenance, modernization or
expansion of an existing facility to better serve existing development.
Final plat or final plat approval or approved final plat means the point at which the
applicant has complied with all conditions of approval and the plat has been released by the city for
filing with Collin, Rockwall or Dallas County, whichever is appropriate, and actually filed.
Impact
fee means a charge or assessment imposed as set forth in this Ordinance against new
development for thoroughfares. The term does not include:
(a) Required dedications of land for public parks or payments in lieu thereof; or
(b) Dedication of rights-of-way or easements or construction or dedication of
onsite or off-site streets, sidewalks, or curbs if the dedication or construction
is required by a valid ordinance and is necessitated by and attributable to the
new development.
Land use assumptions mea,ns a description of the service area and the projections of changes
in land uses, densities, intensities, population and employment growth in the service area over at
least a ten (10) year period and adopted by the city by Ordinance No. 2006-10, as may be amended
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from time to time, upon which the capital improvements plans are based.
New development means a proj ect involving 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 has the effect of increasing the requirements for capital
improvements or facility expansions, measured by the number of service units to be generated by
such activity, and which requires either the approval of a plat pursuant to the city's subdivision
regulations, the issuance of a building permit or connection to the city's water or wastewater system,
and which has not been exempted from these regulations by provisions herein or attached hereto.
Installation of a larger water meter will constitute new development.
Off-site means a facility or expansion that is not a Site-related facility, as defined herein.
Plat shall mean a final plat as described in the city's subdivision regulations. Plat includes
replat.
Property owner has the same meaning as the term "applicant" in the city's subdivision
regulations. Property owner includes the developer for the new development and the owner of the
property.
Recoup means the imposition of an impact fee to reimburse the city for capital improvements
which the city has previously oversized to serve new development.
Roadway or Thoroughfare facilities means arterial or collector streets or roads that have
been designated on Wylie's official adopted thoroughfare plan, as amended, together with all
necessary appurtenances. The term includes, but is not limited to, Wylie's share of costs for
roadways/thoroughfares and associated improvements designated on the federal or Texas highway
system, including but not limited to, local matching funds and costs related to utility line relocation
and the establishment of curbs, gutters, sidewalks and drainage appurtenances. The term also
includes, but is not limited to, interest in land, traffic lanes, intersection improvements, traffic control
devices and turn lanes associated with the roadway or street lighting.
Service area means the area of the city's corporate limits, as they exist or may be altered, to
be served by the capital improvements or facilities expansions specified in the capital improvements
plan.
Service unit means the standardized measure of consumption, use, generation or discharge
attributable to an individual unit of development, that had been calculated in accordance with
generally accepted engineering and/or planning standards, as indicated in the land use equivalency
tables located in the "Roadway Impact Fee 2008-2017" report, which is attached hereto as E~ibit A
and incorporated by reference herein, as may be amended from time to time.
Single family residential has the meaning given the term in the city's zoning regulations.
Site-related
facility means an 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
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thoroughfare facilities to serve the new development, and which is not included in the capital
~ improvements plan and for which the property owner is solely responsible under subdivision or other
applicable regulations or which is located at least partially on the plat which is being considered for
impact fee assessment.
Article 3. Applicabilitv.
The provisions of this Ordinance regarding thoroughfare impact fees apply to all new
development within the corporate boundaries of the city, as they exist or may be altered.
Article 4. Impact Fees Adopted for Thoroughfares.
The proposed thoroughfare impact fees have been reviewed, evaluated, updated and revised.
The City Council finds that the thoroughfare impact fees set forth in Exhibit A, attached hereto and
incorporated for all purposes, representing fifty percent (50%) of the total projected costs, are hereby
adopted and approved.
Article 5. Impact fee as condition of development apnrovaUpermit issuance.
No final plat for new development shall be released for filing with the appropriate county
without assessment of a thoroughfare impact fee pursuant to this Ordinance. No building permit
sha11 be issued for new development, until the property owner has paid the thoroughfare impact fee
~ imposed by and calculated herein or a contract for payment is approved by Wylie and executed by
the parties, or unless the assessment is made upon the issuance of the certificate of occupancy under
Article 6, Section (a)(3)(C).
Article 6. Assessment of thorou~hfare impact fees.
(a) The assessment of the thoroughfaxe impact fee for any new development shall be calculated
and made as follows:
(1) For new development that received final plat approval prior to July 25, 2006, on July 25,
2007;
(2) For new development that received final plat approval on July 25, 2006 or after, at the
time of final plat approval; or
(3) For land on which new development is proposed to occur or occurs without platting,
upon the earliest of the following: (A) connection to the City's water or sewer system; (B)
upon the issuance of a building permit; ar(C) upon the issuance of a certificate of
occupancy.
~ (b) Following initial assessment of the impact fee for a new development pursuant to subsection
(a), the amount of the impact fee per service unit for that development cannot be increased,
unless the approved final plat expires or lapses under applicable ordinances or law or the
owner proposes to change the approved development by the submission of a new
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development application or application to increase the number of service units, in which case
the impact fee will be reassessed for increased or additional service units at the impact fee
rate then in effect.
(c) Following the lapse or expiration of a final plat that has been approved, or a final plat
deemed approved due to failure of Wylie to act, a new assessment shall be performed at the
time of new final plat approval in accordance with this Ordinance. For land for which an
assessment is made without platting (in accordance with Article 6, Section (a)(3)), a new
assessment shall be performed following a termination of water or sewer service or
expiration of a building permit or certificate of occupancy.
Article 7. Computation and collection of impact fees.
(a) The impact fees due on new development shall be collected at the time of application for a
building permit, unless an agreement between the developer and the city has been executed
providing for a different time of payment, or at the time of the issuance of a certificate of
occupancy if the assessment is made upon the issuance of the certificate of occupancy under
Article 6, Section (a)(3)(C).
(b) At the time of assessment (in accordance with Article 6) for all new developments, the city
shall compute the impact fees due for the new development in the following manner:
(1) The amount of each type of impact fee due shall be determined by multiplying the
number of each type of service units generated by the new development by the impact
fee due for each type of service unit in the applicable service area set forth in Exhibit
A. For assessments made in accordance with Article 6, Section (a)(1), service units
that received a building permit prior to July 25, 2007 sha11 be excluded when
computing the impact fees.
(2) The amount of each impact fee due shall be reduced by any allowable credits for that
category of capital improvements in the manner provided by this Ordinance.
(c) Whenever a property owner proposes to increase the number of service units for a new
development, the additional impact fees collected for such new service units shall be
determined by using the amount of impact fee per service unit in Exhibit A then in effect,
and such additional fee shall be collected at the time of issuance of a new building permit.
Article 8. Credits a~ainst impact fees.
(a) Any construction or contributions to or dedications of any area-related facility appearing in
the capital improvements plan that is required to be constructed by a property owner as a
condition of new development shall be credited against the impact fees otherwise due on that
new development from the same category of impact fees assessed on the new development.
(b) All credits against impact fees shall be subject to the following limitations and shall be
granted based on this Ordinance and any additional administrative guidelines that may be
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, adopted by the city.
(1) No credit shall be given for the dedication or construction of site-related facilities.
(2) No credit shall exceed an amount equal to the assessed impact fee.
(3) If a credit applicable to a final plat has not been e~austed within ten (10) years from
the acquisition of the first building permit issued or within such period as may
otherwise be designated by contract, such credit shall lapse.
(4) In no event will the city reimburse the property owner or developer for a credit when
no impact fees for the new development can be collected pursuant to city ordinance
or for any amount exceeding the total impact fees due for the new development for
the category of capital improvement, unless otherwise agreed to by the city.
(c) The available credit associated with new development shall be applied against an impact fee
in the following manner:
(1) For single-family residential lots in a new development consisting only of single-
family residential development, such credit shall be prorated equally among such
lots, to be applied at the time of application of a building permit for each lot, against
impact fees to be collected at the time the building permit is issued.
(2) For all other types of new development, including those involving mixed uses, the
credit applicable to the new development shall be applied to the impact fee due at the
time of approval.
(3 ) At its sole discretion, the city may authorize alternative credit agreements upon
written agreement with the property owner in accordance with the city's
administrative guidelines.
Article 9. Establishment of accounts.
(a) The city shall establish an account to which interest is allocated for the service area for each
type of capital facility for which an impact fee is imposed. Each impact fee collected within
the service area shall be deposited in such account.
(b) Interest earned on the account into which the impact fees are deposited shall be considered
funds of the account and shall be used only in the same manner as which the underlying
funds may be used.
(c) The city shall establish adequate financial and accounting controls to ensure that impact fees
disbursed from the accounts are utilized solely for authorized purposes.
(d) The city shall maintain and keep financial records for impact fees, which shall show the
source and disbursement of all fees collected in or expended within the service area. The
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records of the account into which impact fees are deposited shall be open for public
inspection and copying during ordinary business hours. The city may establish a fee for
copying services.
Article 10. Use of proceeds of impact fee accounts.
(a) The impact fees collected for the service area may be used to finance or to recoup the costs of
any capital improvements or facility expansion identified in the capital improvements plan
for the service area, including but not limited to the construction contract price, surveying
and engineering fees, land acquisition costs (including land purchases, court awards and
costs, attorney's fees and expert witness fees). Impact fees may also be used to pay the
principal sum and interest and other finance costs on bonds, notes or other obligations issued
by or on behalf of the city to finance such capital improvements or facility expansion.
(b) Impact fees collected pursuant to this Ordinance shall not be used to pay for any of the
following expenses:
(1) Construction, acquisition or expansion of public facilities or assets other than capital
improvements or facility expansions identified in the capital improvements plan;
(2) Repair, operation or maintenance of existing or new capital improvements or faciliiy
expansion;
(3 ) Upgrade, update, expansion or replacement of existing capital improvements to
provide better service to existing development; or
(4) Administrative and operating costs of the city.
Article 11. Refunds.
(a) Upon application by an owner of property, any impact fee or portion thereof collected
pursuant to city ordinance, which; (i) has not been expended within ten (10) years from the
date of payment, or (ii) existing facilities are available and service is denied, or (iii) the city
has, after collecting the impact fee when service was not available, failed to commence
construction within two (2) years or service is not available within a reasonable period
considering the type of improvement or expansion, but in no event later than five (5) years
from the date of payment; shall be refunded to the record owner of the property for which the
impact fee was paid or, if the impact fee was paid by another governmental entity, to such
governmental entity, together with interest calculated from the date of payment to the date of
refund at the statutory rate as set forth in the Texas Finance Code, Section 302.002, or its
successor statute. The application for refund pursuant to this article shall be submitted within
sixty (60) days after the expiration of the ten-year period for expenditure of the fee. An
impact fee shall be considered expended on a first-in, first-out basis.
(b) An impact fee collected pursuant to this Ordinance shall also be considered expended if the
total expenditures for capital improvements or facility within the service area within ten (10)
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years following the date of payment exceed the total fees collected within the service area for
such improvements or expansions during such period.
(c) If a refund is due pursuant to subsections (a) and (b), the city shall divide the difference
between the amount of expenditures and the amount of the fees collected by the total number
of service units assumed within the service area for the period to determine the refund due
per service unit. The refund to the record owner shall be calculated by multiplying the refund
due per service unit by the number of service units for the development for which the fee was
paid, and interest due shall be calculated upon that amount.
(d) Upon completion of all the capital improvements or facility expansions identified in the
capital improvements plan for the service area, the city shall recalculate the impact fee per
service unit using the actual costs for the improvements or expansions. If the impact fee per
service unit based on actual cost is less than the impact fee per service unit paid, the city shall
refund the difference, if such difference exceeds the impact fee paid by more than ten (10)
percent. If the difference is less than ten (10) percent, no refund shall be due. The refund to
the record owner shall be calculated by multiplying such difference by the number of service
units for the development for which the fee was paid, and interest due shall be calculated
upon that amount.
Article 12. Updates to plan and revision of fees.
(a) The city shall update its land use assumptions and capital improvements plans at least every
five (5) years, commencing from the date of adoption of such plans, and shall recalculate the
impact fees based thereon in accordance with the procedures set forth in Texas Local
Government Code Chapter 395 or in any successor statute.
(b) The city may review its land use assumptions, impact fees, capital improvements plans and
other factors such as market conditions more frequently than provided in subsection (a) to
determine whether the land use assumptions and capital improvements plan should be
updated and the impact fee recalculated accordingly, or whether any Exhibits hereto should
be changed.
(c) If, at the time an update is required pursuant to subsection (a), the city council determines
that no change to the land use assumptions, capital improvements plan or impact fee is
needed, it may dispense with such update by following the procedures in Texas Local
Government Code Section 395.0575 or its successor statute.
(d) In addition to the reviews required by this Article, the city shall also conduct the reviews
required by Article 4, Impact Fees Adopted for Thoroughfares, above.
Article 13. Use of other financing mechanisms.
(a) The city may finance capital improvements or facility expansion designated in the capital
improvements plan through the issuance of bonds, through the formation of public utility
districts or other assessment districts, or through any other authorized mechanism, in such
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manner and subject to such limitations as may be provided by law, in addition to the use of
~ impact fees.
(b) Except as herein otherwise provided, the assessment and collection of an impact fee shall be
additional and supplemental to, and not in substitution of, any other t~, fee, charge or
assessment which is lawfully imposed on and due against the property.
Article 14. Imnact fee as additional and supplemental regulation.
Impact fees established by this Ordinance are additional and supplemental to, and not in
substitution of, any other requirements imposed by the city on the development of land or the
issuance of building permits or certificates of occupancy, including but not limited to water and
wastewater impact fees Such fee is intended to be consistent with and to further the policies of the
city's comprehensive land use plan, the capital improvements plan, the zoning ordinance, subdivision
regulations and other city policies, ordinances, codes and resolutions by which the city seeks to
ensure the provision of adequate public facilities in conjunction with the development of land.
Article 15. Relief procedures.
Any person who has paid an impact fee or an owner of land upon which an impact fee has
been paid may petition the city council to determine whether any duty required by this Ordinance has
y~ not been performed within the time so prescribed. The petition shall be in writing and shall state the
nature of the unperformed duty and request that the duty be performed within sixty (60) days of the
request. If the city council determines that the duty is required pursuant to this Ordinance and is late
in being performed, it shall cause the duty to commence within sixty (60) days of the date of the
request and to continue until completion.
SECTION 3: Certificate of Compliance Statement. The Mayor is hereby authorized to sign
the appropriate annual compliance statement required under Section 395.082 of the Texas Local
Government Code or its successor statute acknowledging compliance with the requirements thereof.
SECTION 4: Saving/Repealing Clause. All provisions of any ordinances in conflict with
this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for
violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced
for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of
conflicting ordinances shall remain in full force and effect.
SECTION Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is far any reason, held to be unconstitutional or invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
Wylie hereby declares that it would ha~e passed this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional.
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~w SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its
adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 9th day of October, 2007.
Jo Mondy, Mayor
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ATTESTED TO AND ,i~
CORRECTLY RECORDED BY: ' V~•` _ . =
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C le Ehrlich i ecretary E"'
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ROADWAY IMPACT FEE
2008 - 2017
Prepared For
/
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Prenared Bv
BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
7502 GREENVILLE AVENUE, #220
DALLAS, TEXAS 75231
And
LEE ENGINEERING
3030 LBJ FREEWAY, #1660
DALLAS, TEXAS 75234
~ Augusr 200~ FINAL DRAFT REPORT
CITY OF WYLIE
THOROUGHFARE CAPITAL IMPROVEMENT PLAN
ROADWAY IMPACT FEES
The first step in the development impact fee process is the development of a 10-year Capital
Improvement Plan (CIP). This capital improvement plan includes projects intended for
construction by the City of Wylie in the next 10 years to serve existing and future development.
The 2006 Roadway CIP developed by the City of Wylie has been updated to add two new projects
and for aesthetic improvements for all projects in the CIP.
Existing Facilities
The City of Wylie arterial and major collector street system is partially developed at this time.
Several roadways in developed areas are partially built to current thoroughfare plan standards.
Many existing streets are two-lane (20' - 40' width) asphalt roadways with open surface drainage.
The existing major arterial roadways within the City include State Highway 78 (SH 78), FM 544,
FM 1378, Ballard Avenue, Brown Street, and Stone Road. Several of the arterial roadways
including SH 78, FM 544 and FM 1378 are under the operation and maintenance jurisdiction of the
Texas Department of Transportation (TxDOT). The City is planning to remove FM 1378 from the
TxDOT system and if successful the City will operate and maintain that roadway.
Proposed Facilities
The City of Wylie adopted a revised Comprehensive Plan including an updated thoroughfare plan in
2005 that is the basis for development of the future street system. The thoroughfare system is a
conventional network conforming to a hierarchical, functional classification system developed to
support the forecast traffic demands of future land use and.
The highest classification of roadway is the Principal Arterial type facility. These roadways are
generally multiple lanes (4 or 6) with medians that serve the function of controlling access,
separating opposing traffic movements and providing an area for the storage of left turning vehicles.
The lower classifications are the collector facilities that are developed to serve the adjoining
development. The character of the developments served should determine the sizes and alignments
of collector roadways.
City of Wylie - 2007 Roadway Impact Fee Update Page 1
Capital Improvement Plan for Impact Fees
The thoroughfare facilities determined for inclusion in the Capital Improvement Plan of this study
are tabulated in Table 1 and graphically illustrated in Figure 1. Each listed project includes a
description of the planned improvements, the approximate project length, and an engineer's opinion
of probable cost to the City. In addition, under existing State Statute, a municipalities' cost
associated with T~cDOT facilities can be financed with impact fees. All roadways included in the
2007 CIP are identified in the City of Wylie Thoroughfare Plan.
The engineer's opinions of probable construction cost were prepared without the benefit of a
detailed preliminary engineering study for each project. The costs are based on data provided by
the City of Wylie and on roadway project construction bids. Financing costs for the projects in the
thoroughfare CIP were also included in the total estimated cost and the interest rate of 6% was
provided by the City of Wylie.
City of Wylie - 2007 Roadway Impact Fee Update Page 2
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Table 1
Thoroughfare Capital Improvement Plan
City of Wylie 2007 Impact Fee Update
PROJECT BOUNDARY PROJECT LENGTH CONSTRUCTION COST COST OF TOTAL PROJECT COST
ARTERIAL NUMBER FROM TO EXISTING DESCRIPTION ft TO THE TOWN FINANCING ELIGIBLE FOR RECOVERY
FM 1378 W1 FM 544 W Brown St 2 lanes Build a 4-lane divided section 3,500 $ 1,633,350.00 $ 1,029,011.00 $ 2,662,361.00
FM 1378 W2 W Brown St Parker Rd 2 lanes Build a 4-lane divided section 13,200 $ 14,970,000.00 $ 9,431,100.00 $ 24,401,100.00
W Brown Street W3 FM 1378 Ballard Ave 2 lanes Build a 4-lane divided section 9,500 $ 12,645,000.00 $ 7,966,350.00 $ 20,611,350.00
Hensle Lane East W4 Hensle Hoo er Build a 3-lane undivided section 3,100 $ 2,965,000.00 $ 1,867,950.00 $ 4,632,950.00
Count Club Road W5 FM 544 Hoo er Build a 4-lane divided section 5,500 $ 6,600,000.00 $ 4,284,000.00 $ 11,084,000.00
McMillen Road W6 Lewis Count Club FM 1378 2 lanes Reali n and build a 4-lane divided section 6,000 $ 9,410,000.00 $ 5,928,300.00 $ 15,338,300.00
McCrea Road W7 FM 544 South Ci Limit Build a 4-lane divided section 3,350 $ 6,550,000.00 $ 4,126,500.00 $ 10,676,500.00
S rin well Pkw W8 FM 544 Hensle Lane West - Build a 4-lane undivided section 2,700 $ 2,850,000.00 $ 1,795,500.OD $ 4,645,500.00
Hensle Lane West W9 McCrea Rd. Count Club Rd. Build a 4-lane undivided section 5 100 $ 5,095,000.00 $ 3,209,850.00 $ 8,304,850.00
Sub Total j 62,918 350.00 S 39,638 561.00 S 102,556,911.00
Alanis Drive Et Centu Wa S Ballard 3 lanes Build a 4-lane divided section 4,400 $ 9,750,000.00 $ 6,142,500.00 $ 15,892,500.00
lanis Drive E2 Twin Lakes FM 544 3 lanes Build a 4-lane divided section 2,700 $ 3,080,000.00 $ 1,940,400.00 $ 5,020,400.00
Kirb Street E3 SH 78 Birmin ham 4 lanes Build a 4-lane divided section 1,400 $ 1,964,293.00 $ 1,237,505.00 $ 3,201,798.00
Stone Road E4 Birmin ham S Ballard 2lanes Build a 4-lane divided section 8,300 $ 1,122,000.00 $ 706,860.00 $ 1,828,860.00
Stone Road E5 Ballard Akin 2 lanes Build a 4-lane divided section 2,800 $ 3,110,000.00 $ 1,959,300.00 $ 5,069,300.00
S Ballard Avenue E6 Stone Rd Alanis Dr 2 lanes Build a 4-lane divided section 3,600 $ 4,140,000.00 $ 2,608,200.00 $ 6,748,200.00
S Ballard Avenue E7 Alanis Dr Coun Line 2 lanes Build a 4-lane divided section 6,200 $ 7,430,000.00 $ 4,680,900.00 $ 12,110,900.00
Stone Road ES Alkin Vinson 2 lanes Build a 4-lane divided section 13,500 $ 12,965,000.00 $ 8,167,950.00 $ 21,132,950.00
Brown Street E9 SH 76 Stone 2 lanes Build a 4-lane divided section 11,100 $ 13,505,000.00 $ 8,508,150.00 $ 22,013,150.00
SH 78 E10 Eubanks S rin Creek Pkw 2lanes Build a 4-lane divided hi hwa section 3,200 $ 3,552,000.00 $ 2,237,760.00 $ 5,789,760.00
Sub Total s 60 618,293.00 S 38,789,525.00 S 98,807,818.00
Grand Total: $ 123,536,643.00 E 77,828,086.00 $ 201,364,729.00
City of Wylie - 2007 Roadway Impact Fee Updae Page 3
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COMMERCIA~ RESIDENTIAL INDUSTRIAL INSTITUTIONAL/PUBLIC & SEMI- UBLIC ~
ca+M~cu~ co~aooa 0 ~ow oer+srrr r~oer+nw HEAW MWSiRIAL ~ scf+oa/a+uacH/weuc/so+i-PUeuc THOROUGHFARE CAPITAL IMPROVEMENT3
~ CONMERCIPL REf/JL ~ MEOR»A DENSITV RESIOENfU1 ~ LIGHT INDUSIFtIAI ~ PARK/OPEN SPPCE lwai0fr. ~oonc~6~µoaN~~M~~ ~ t!E O~veB~O
~ NFJGHBORH000 SERNCES ~ HIGF1 DfNSftY RESIDEMW. ~ fL00DPWN OVERLAY waun. aem
~ DOWNTOWN HISfORIC DISTRICT OVERLAY
IMPACT FEE CALCULATION
I. INTRODUCTION
The next step of the Development Impact Fee process is the determination of the maximum
fee per service unit that can be charged by the City for new developments. The fee is
calculated by dividing the costs of the capital improvements identified as necessary to serve
growth forecast to occur during the 10-year planning period by the number of service units of
growth forecast to occur. The specific steps, as described in following paragraphs of this
section include:
1. Determination of a standard service unit;
2. Identification of service areas for the City;
3. Identification of that portion of the total capital improvements necessary to serve the
projected growth over the next 10-year period;
4. Analysis of the total capacity, level of current usage, and commitment for usage of
capacity of existing improvements;
~ 5. Determination of the "standard service unit" and equivalency tables establishing the ratio
of a service unit to the types of land use forecast for growth.
II. SERVICE UNIT
To determine the impact fee rate applied to thoroughfare facilities the standard service unit
selected was "PM Peak Hour Vehicle-Miles." This service unit can be obtained by
multiplying the number of trips generated by a specific land use type during the PM peak
hour (vehicles) by the average trip length (miles) for that land use. The PM peak hour was
chosen because it is usually considered the critical time for roadway analyses. The trip
generation data were directly obtained or derived for each defined land use type from "Trip
Generation, 7t" Edition" of the Institute of Transportation Engineers, which is the standard
data reference to determine vehicle trip generation characteristics of particular land use types
and densities. Trip length information for each land use specified was based on data
developed for the Dallas-Fort Worth area by the North Central Texas Council of
Governments (NCTCOG). The trip length was set at a maximum of three (3) miles for any
land use, as this trip length was assumed to be the maximum average distance a trip would
travel on roadways within the City of Wylie. Table 2 shows the typical service units for each
land use type.
City of Wylie - 2007 Roadway Impact Fee Update Page 5
Table 2
Service Unit Calculation by Land Use Type
City of Wylie 2007 Roadway Impact Fee Study Update
Variable PM Peak Trips Trip Length Vehicle-Miles
(vehicles) (miles)
Residential Dwellin Unit 1.01 3.0 3.03
Office 1,000 ft2 1.49 3.0 4.47
Commercial / Retail 1,000 ft2 3.75 2.4 9.00
Industrial 1,000 ft2 0.98 3.0 2.94
Public and Institutional 1,000 ftz 1.01 2.1 2.12
Parks and Recreational Acre 13.01 2.1 27.32
' Based on ITE Trip Generation, 7th Edition
2 Based on NCTCOG data
City of Wylie - 2007 Roadway Impact Fee Update Page 6
~ III. SERVICE AREAS
The State Statute governing the imposition of development impact fees require that collection
and expenditure of fees imposed for street facilities "...is limited to an area within the
corporate boundaries of the political subdivision and shall not exceed six miles." To comply
with this State Law, two service areas (West and East) were established for the City of Wylie
to ensure that funds are spent within six miles of where they are collected. The service areas
include most of the developable land within the city limits of Wylie. Within Wylie, the
growth and intensities of growth for the ultimate development of the City and that portion of
the service area expected to occur during the 10-year period, 2008-2017, is forecast. The two
service areas are shown in Figure 2.
IV. ASSUMPTIONS AND EVALUATION CRITERIA
Determination of the eligible costs of capital improvements to serve the forecast growth over
the 10-year period from 2008 to 2017 was based on data provided by the City of Wylie. The
basic criteria and assumptions made for this study include the following:
1. Costs of existing facilities constructed to serve new development have been included, and
~ City of Wylie staff identified projects of this type.
2. Bond interest costs are included.
3. Street facility improvements, although necessary for additional capacity by new growth,
will logically serve all existing and future growth by improved safety and drainage
characteristics. Therefore, the 10-year eligible costs have been proportioned as the ratio
of the 10-year growth to the total number of service units determined for the build-out.
Table 3 shows the portion of ultimate build-out service units that will be attributable to
growth within the next 10 years and is used to pro-rate the identified costs in the service area.
In order to maintain the equity of impact fee assessment, the cost for streets included in the
10-year Capital Improvement Plan will include the total cost of the street facilities, not
reduced by any expected participation. Rather, construction by a developer of an arterial
facility within or off-site should be treated as a credit to the impact fee assessment.
City of Wylie - 2007 Roadway Impact Fee Update Page 7
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t ,~J ~ WYLIE ROADWAY IMPACT FEE
SERVICE AREAS
Table 3
Summary of Vehicie - Mileage Distribution by Development Period
City of Wylie 2007 Roadway Impact Fee Study Update
Existing 2008 - 2017 Year 2018 - Ultimate
Portion of Vehicle-Miles Portion of Vehicle-Miles Portion of
Service Vehicle-Miles Ultimate Added Ultimate Added Ultimate Ultimate
Area 2007 Vehicle-Miles 2008-2017 Vehicle-Miles 2018 - Ultimate Vehicle-Miles Vehicle-Miles
W 37,408 0.541 30,585 0.443 1,092 0.016 69,085
E 20,957 0.535 18,083 0.461 165 0.004 39,205
Total 58,366 48,668 1,256 108,289
City of Wylie - 2007 Roadway Impact Fee Update Page 9
V. ELIGIBLE COSTS
Table 4 presents a summary of the roadway capital improvement costs for the two service
areas. The 10-year portion of the total costs was calculated using the data from Table 3.
Costs of each of the individual street projects were accumulated, or apportioned, for the
service area in which they were located. Boundaries of the service areas were located to be
coincident with natural barriers, the center of existing or proposed street facilities included in
the capital improvements plan or along city limit lines. Costs of these projects included only
those costs that will be paid for by the City of Wylie.
VI. DETERMINATION OF STANDARD SERVICE UNIT AND EQUIVALENCY
The determination of growth of service units and resulting impact fee rates were then made.
Table 5 presents the derivation of service unit equivalents for each of the six defined land use
types. The service unit equivalents are referenced to and based on the residential land use.
Table 6 presents a summary of the calculations and resulting eligible costs per service unit.
Under current State law, municipalities are required to administer a detailed financial analysis
to support the use of an impact fee higher than 50 percent of the eligible costs. As an
alternative to performing the financial analysis, the impact fee can be set at or below 50
percent of the total eligible costs. The total eligible costs per service unit are shown in
Table 6. The City will use either a detailed financial analysis to adjust for tax credits or will
use 50 percent of these eligible costs.
VIL IMPACT FEE CALCULATION METHODOLOGY
The methodology for calculating the maximum allowable impact fee for roadway facilities
can be summarized in the following three steps. First, determine the cost of the roadway
facilities (existing roadways eligible for recuperation of construction cost and proposed
roadways) that can be attributed to new growth over the 10-year period. This calculation for
Service Areas W and E are summarized on pages l4 and 15.
City of Wylie - 2007 Roadway Impact Fee Update Page 10
Table 4
Summary of Capital Improvement Cost by Service Area
City of Wylie 2007 Roadway Impact Fee Study Update
Zone Cost of Portion of Capacity of Cost of Thoroughfare
Service Area Thoroughfare Attributed Attributed to Growth
Thoroughfare
to Growth (2008 - 2017) (2008 - 2017)
W $102,556,911.00 0.443 $45,432,711.57
E $98,807,818.00 0.461 $45,550,404.10
Totals $201,364,729.00 $90,983,115.67
City of Wylie - 2007 Roadway Impact Fee Update Page 11
Table 5
Thoroughfare Land Use Equivalency
City of Wylie 2007 Roadway Impact Fee Study Update
Land Use Development Veh-Miles / Development Unit SU Equivalency
Unit (1) (2)
Residential Dwellin Unit 3.03 1.00
Office 1,000 ftz 4.47 1.48
Commercial / Retail 1,000 ft2 9.00 2.97
Industrial 1,000 ft2 2.94 0.97
Public and Insitutional 1,000 ft2 2.12 0.70
Parks and Recreational 1,000 ft2 27.32 9.02
Notes:
(1) Based on data from the ITE Trip Generation Manual and NCTCOG
(2) Ratio of each land use to service unit of Residential
Ciry of Wylie - 2007 Roadway lmpact Fee Update Page 12
Table 6
Impact Fee Calculation for Thoroughfare by Service Area
City of Wylie 2007 Roadway Impact Fee Study Update
Cost of Thoroughfare Number of New Cost Per Cost Per
Service Area Attributed to Growth Service Units Service Unit Service Unit
(2008 - 2017) (2008 - 2017) (Rounded)
W $45,432,711.57 30,585 $1,485.46 $1,485
E $45,550,404.10 18,083 $2,518.96 $2,518
Totals $90,983,115.67 48,668
City of Wylie - 2007 Roadway Impact Fee Update Page 13
Calculation for Service Area W
Cost of Roadway Facilities (Table 1- Service Area W) _$102,556,911
Proportion of Capacity Attributable to New Growth (Table 3- Service Area W) = 0.443
Cost of Roadway Facilities Attributable to Growth (2008-2017 - Service Area W):
$102,556,911 x 0.443 = $45,432,711.57
The second step is to determine the maximum calculated impact fee. The maximum calculated
impact fee is the ratio of the total cost for roadway facilities attributable to growth in the next ten
years (2008-2017) divided by the total growth in equivalent service units (ESU). The maximum
calculated impact fee for Service Area W is:
Maximum Roadway Impact Fee = Eli~ible Thorou~hfare Cost Attributed to Growth (Table 4)
Total Growth in Equivalent Service Units (Table 3)
_ $45,432,711.57
30,585 ESU
_ $1,485.46 / ESU = $1,485 / ESU (Rounded Service Area W)
This amount represents the maximum calculated impact fee for roadway facilities. For the final
step, the current impact fee legislation requires the City to produce a financial analysis to support
a fee greater than 50 percent of the eligible costs or to reduce the maximum calculated impact fee
by 50 percent. If the City chooses to use a maximum allowable impact fee of 50 percent of the
maximum calculated fee the amount would be $1,485 x 50% _$742.50.
Calculation for Service Area E
Cost of Roadway Facilities (Table 1- Service Area E) _$98,807,818
Proportion of Capacity Attributable to New Growth (Table 3- Service Area E) = 0.461
Cost of Roadway Facilities Attributable to Growth (2008-2017 - Service Area E):
$98,807,818 x 0.461 = $45,550,404.10
City of Wylie - 2007 Roadway Impact Fee Update Page 14
The second step is to determine the maximum calculated impact fee. The maximum calculated
impact fee is the ratio of the total cost for roadway facilities attributable to growth in the next ten
years (2008-2017) divided by the total growth in equivalent service units (ESU). The maximum
calculated impact fee for Service Area E is:
Maximum Roadway Impact Fee = Eligible Thoroughfare Cost Attributed to Growth (Table 4)
Total Growth in Equivalent Service Units (Table 3)
_ $45,550,404.10
18,083 ESU
_ $2,518.96 / ESU = $2,518 / ESU (Rounded Service Area E)
This amount represents the maximum calculated impact fee for roadway facilities. For the final
step, the current impact fee legislation requires the City to produce a financial analysis to support
a fee greater than 50 percent of the eligible costs or to reduce the maximum calculated impact fee
by 50 percent. If the City chooses to use a maximum allowable impact fee of 50 percent of the
maximum calculated fee the amount would be $2,518 x 50% _$1,259.00.
Impact Fee Calculation Example
The land use equivalency table is provided in Table 7. This table identifies the total service units
generated by specific uses within each land use category. To obtain the impact fee to be charged
for a particular land use, the impact fee per service unit adopted by the City and the service units
per development unit generated for that particular land use from Table 7 are used. Examples for
calculating the impact fee for both a single family dwelling unit and a 50,000 ft2 shopping center
(commercial / retail facility) assuming impact fees of $742.50 per service unit (Service Area W)
and $1,259.00 per service unit (Service Area E) are shown page 17.
City of Wylie - 2007 Roadway Impact Fee Update Page 15
Table 7
Land Use Equivalency
City of Wylie 2007 Roadway Impact Fee Study Update
CATEGORY LAND USE DEVELOPMENT ITE TRIP TRIP PASS-BY SERVICE
UNITS~ RATEZ LENGTH3 TRAFFIC° UNITSS
RESIDENTIAL
Single-Family Detached Dwelling Unit 1.01 3.0 0 3.03
Apartment Dwelling Unit 0.62 3.0 0 1.86
OFFICE
Office Building 1,000 ft2 GFA 1.49 3.0 0 4.47
COMMERCIAL
Convenience Stores/Gas Pumps 1,000 ftZ GFA 60.61 0.4 0.7 7.27
Drive-In Bank 1,000 ft2 GFA 45.74 1.7 0.5 38.88
Home Improvement Store 1,000 ft2 GFA 2.45 3.0 0.2 5.88
Hotel Rooms 0.59 3.0 0 1.77
Restaurant 1,000 ft2 GFA 10.92 2.4 0.2 20.97
Shopping Center 1,000 ft2 GFA 3.75 3.0 0.3 7.88
I N DUSTRIAL
Industrial 1,000 ftz GFA 0.98 3.0 0 2.94
INSTITUTIONAL
School Students 0.15 2.1 0 0.32
Day Care Center Students 0.82 2.7 0.9 0.22
House of Worship 1,000 ft` GFA 0.66 2.1 0 1.39
' GFA = Gross Floor Area
z(Vehicles); Based on ITE Trip Generation, 7th Edition
3(Miles); Based on NCTCOG Data
° Percentage of traffic already passing by site - land use is an intermediate destination
5 (Vehicle-Miles)
* The land uses and trip generation characteristics listed in this chart are intended as examples. The complete table of land uses and trip
generation characteristics is contained in the Institute of Transportation Engineers "Trip Generation, Seventh Edition," which is
incorporated herein by reference.
City of Wylie - 2007 Roadway Impact Fee Update Page 16
Service Area W- Example Calculations
SINGLE-FAMILY DWELLING (Service Area W)
• Vehicle-Miles per Development Unit for Single-Family Dwelling Unit
(1 Dwelling Unit) x(3.03 Vehicle-Miles / Dwelling Unit) = 3.03 Vehicle-Miles
• Assume 50 percent of the Maximum Calculated Roadway Impact Fee =$742.50 / Service Unit:
(3.03 Vehicle-Miles) x ($742.50 / Vehicle-Miles) _ $ 2,249.77
50,000 ft2 SHOPPING CENTER (Service Area W)
• Vehicle-Miles per Development Unit for Shopping Center
(50,000 ft2) x(7.88 Vehicle-Miles / 1,000 ft2) = 394 Vehicle-Miles
• Assume 50 percent of the Maximum Calculated Roadway Impact Fee =$742.50 / Service Unit:
(394 Vehicle-Miles) x ($742.50 / Vehicle-Miles) _ $ 292,545.00
Service Area E- Example Calculations
SINGLE-FAMILY DWELLING (Service Area E)
• Vehicle-Miles per Development Unit for Single-Family Dwelling Unit
(1 Dwelling Unit) x(3.03 Vehicle-Miles / Dwelling Unit) = 3.03 Vehicle-Miles
• Assume 50 percent of the Maximum Calculated Roadway Impact Fee =$1,259.00/Service Unit:
(3.03 Vehicle-Miles) x ($1,259.00 / Vehicle-Miles) _ $ 3,814.77
50,000 ft2 SHOPPING CENTER (Service Area E)
• Vehicle-Miles per Development Unit for Shopping Center
(50,000 ft2) x(7.88 Vehicle-Miles / 1,000 ft2) = 394 Vehicle-Miles
• Assume 50 percent of the Maximum Calculated Roadway Impact Fee =$1,259.00/Service Unit:
(394 Vehicle-Miles) x ($1,259.00 / Vehicle-Miles) _ $ 496,046.00
City of Wylie - 2007 Roadway Impact Fee Update Page 17
~ C.~S Media, Inc.
~ ~~je ~armer~biCle ~ime~ • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS
STATE OF TEXAS C r~~3~
COUNTY OF COLLIN ~
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie - Ordinance No. 2007-34
was published in said newspaper on the following dates, to-wit:
October 17, 2007 _ ,
(
~
Chad Engbrock, Publisher
-~h ~ b ~
Subscribed and sworn before me on this, the day of 007
to certify which witness my hand and seal of office.
~~~r~%r~-~
aY?o o, MARY SWANK
: o~~•• B~i4
^ Notery ~ubiic, Stete af Texas
` ' „ My Commieo~on ~xpires
3~;r~~;t september 201ti otar Public in and for
The State of Texas
~_a~, ~a~v
My commission expires
Murphy/Sachse/Wylie Office • I10 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318
Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Famie~sville, TX 75442 • 972-784-6397 • fax 972-782-7023
ORDINANCE
Nt?. 20U7=34
AN ORDINANCE OF
THE CITY O~ WYLIE,
TEXAS, UPDATING THE
THOROUGHFARE
I~VIPACT FEE5- TO BE
ASSESSED BY THE
CITY 0F WYLIE,
TEXAS AND AMEND-
IN~_~-DADINAN~~ NO.
2006-47; ESTAB~,.ISH-
ING. A COLLECTION
DATE; ~STABLISHING
PROCEDURES AND
REGULATIONS
REGARDING THOR-
OUGHFARE IMPACT
FEES; AUTHORIZING
THE MAYOR TO SIGN
THE APPROPRIATE
COMPLIANCE STATE-
MENT; PROVIDING FOR
REPEALING, SAVINGS
AND SEVERABILITY
CLAUSES; AND PRO-
VIDING FOR AN
EFFECTNE DATE OF
THIS ORDINANCE.
John Mondy, Mayor
ATTEST:
Carole Ehrlic~i,
City Secretary
( 22-1t-35li