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Ordinance 2019-35Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 1 of 12 2889780 ORDINANCE NO. 2019-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NOS. 2007-34, 2007-27, 2006-47 AND 2014-35; UPDATING THE CAPITAL IMPROVEMENTS PLAN AND THOROUGHFARE IMPACT FEES TO BE ASSESSED BY THE CITY OF WYLIE, TEXAS; ESTABLISHING A COLLECTION DATE; ESTABLISHING PROCEDURES AND REGULATIONS REGARDING THOROUGHFARE IMPACT FEES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas (“City Council”) previously adopted Ordinance Nos. 2007-34, 2007-27, 2006-47 and 2014-35 (individually and collectively, “Thoroughfare Impact Fee Ordinance”) of the City of Wylie, Texas (“City” and/or “Wylie”), establishing land use assumptions, a capital improvements plan and thoroughfare impact fees to be assessed by Wylie; and WHEREAS, the City Council has investigated and determined that Wylie has fully complied with Chapter 395 of the Texas Local Government Code (“Code”), concerning the notice, adoption, promulgation and methodology necessary to adopt land use assumptions and a capital improvements plan determining thoroughfare impact fees and has properly adopted the Thoroughfare Impact Fee Ordinance; and WHEREAS, the City Council has reviewed the land use assumptions, capital improvements plan and impact fees adopted under the Thoroughfare Impact Fee Ordinance in compliance with the Code; and WHEREAS, the City Council desires to amend the capital improvements plan, the amount of thoroughfare impact fees and the Thoroughfare Impact Fee Ordinance; and WHEREAS, Wylie has, within sixty (60) days after the date it received the updated capital improvements plan, adopted an order setting a public hearing to discuss and review the same and to determine whether to amend the same; and WHEREAS, before the thirtieth (30th) day before the date of the hearing on the updated capital improvements plan, Wylie sent a notice of the hearing by certified mail to all persons who have given written notice by certified or registered mail to the Wylie City Secretary requesting notice of the hearing within two (2) years preceding the date of adoption of the order setting the public hearing; and WHEREAS, Wylie published the required notice of the hearing in one or more newspapers of general circulation in each county in which Wylie lies before the thirtieth (30th) day before the D E N I E D Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 2 of 12 2889780 date set for the hearing; and WHEREAS, on or before the date of the first publication of the notice of the hearing on the proposed amendments, including the amount of the proposed thoroughfare impact fee per service unit, such information was made available to the public; and WHEREAS, the Capital Improvements Advisory Committee, created under Section 395.058 of the Code, filed its written comments on the proposed amendments to the capital improvements plan and thoroughfare impact fees before the fifth (5th) business day before the date of the public hearing on the amendments; and WHEREAS, the City Council held a public hearing to discuss the proposed amendments to the capital improvements plan and thoroughfare impact fees; and WHEREAS, within thirty (30) days after the date of the public hearing on the proposed amendments to the capital improvements plan and thoroughfare impact fees, the City Council is considering whether to approve or disapprove the amendments as more fully set forth below; and WHEREAS, the City Council has investigated and determined that Wylie has fully complied with Chapter 395 of the Code to approve the amendments to the capital improvements plan and thoroughfare impact fees; and WHEREAS, the City Council has further investigated and determined and hereby finds that it is in the best interest of the citizens of Wylie to adopt such amendments to the capital improvements plan and thoroughfare impact fees to assure the provision of adequate roadways to serve new development by requiring each such development to pay its share of the costs of such improvements necessitated by and attributable to such new development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment of Thoroughfare Impact Fee Ordinance. The Thoroughfare Impact Fee Ordinance is hereby amended as set forth herein and in the “2019-2029 Roadway Impact Fee Update” report (“2019 Report”), a copy of which is attached hereto as Exhibit A and incorporated herein by reference for all purposes. The Thoroughfare Impact Fee Ordinance is further 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. D E N I E D Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 3 of 12 2889780 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 this Ordinance that identifies capital improvements or facility expansions for which impact fees may be assessed. 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 means 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. 2012-14, as may be amended from time to time, upon which the capital improvements plans are based. New development means a project 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 D E N I E D Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 4 of 12 2889780 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 any type of plat required by law to be filed with the applicable county, including but not limited to, a final plat, replat, amending plat and/or vacating plat. 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 2019 Report, which is attached hereto as Exhibit 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 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. Applicability. D E N I E D Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 5 of 12 2889780 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 previously adopted thoroughfare impact fees have been reviewed, evaluated, updated and revised. The City Council finds that the maximum assessable impact fee per service unit for the West thoroughfare service area shall be NINE HUNDRED FOURTEEN and 00/100 dollars ($914.00) and the East thoroughfare service area shall be TWO THOUSAND THREE HUNDRED SIXTEEN and 50/100 dollars ($2,316.50), representing FIFTY percent (50%)[RP1] of the total projected costs. Article 5. Impact fee as condition of development approval/permit 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 shall 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 thoroughfare impact fees. (a) The assessment of the thoroughfare impact fee for any new development shall be calculated and made as follows: (1) For new development that received final plat approval prior to October 22, 2019 on October 23, 2019 (2) For new development that received final plat approval on October 22, 2019 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; or (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 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. D E N I E D Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 6 of 12 2889780 (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 October 22, 2019 shall 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 against 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 adopted by the City. D E N I E D Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 7 of 12 2889780 (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 exhausted 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 D E N I E D Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 8 of 12 2889780 source and disbursement of all fees collected in or expended within the service area. The 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 facility 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 D E N I E D Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 9 of 12 2889780 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) 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 Exhibit(s) 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. D E N I E D Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 10 of 12 2889780 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 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 tax, fee, charge or assessment which is lawfully imposed on and due against the property. Article 14. Impact 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 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: Capital Improvements Plan Adopted. The previously adopted capital improvements plan has been reviewed, evaluated, updated and revised, and the City Council finds that the capital improvements plan that is set forth in the 2019 Report is hereby adopted and approved. SECTION 4: Repealing/Saving. The Thoroughfare Impact Fee Ordinance shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any other ordinances in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances D E N I E D Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 11 of 12 2889780 shall remain in full force and effect SECTION 5: Penalty. Any person, firm, entity or corporation who violates any provision of this Ordinance, as it exist or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined in a sum not exceeding TWO THOUSAND AND 00/100 DOLLARS ($2,000.00). Each continuing day’s violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases are declared unconstitutional and/or invalid. SECTION 7: Effective Date. This Ordinance shall become effective immediately upon its adoption and publication as required by law and the City Charter. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 22nd day of October, 2019. _____________________________________ Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: ____________________________ Stephanie Storm, City Secretary Date of Publication: October 30, 2019, Wylie News D E N I E D Ordinance No. 2019-35 Adopting Amendments to Thoroughfare Impact Fee Ordinance Page 12 of 12 2889780 Exhibit A 2019-2029 Roadway Impact Fee Update [19 pages attached hereto] D E N I E D