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--- (11) --- Editor's note— See editor's note, art. III.
DIVISION 1. - GENERALLY#
Sec. 2-271. - Title.#
This article shall be known, and may be cited, as the community impact fee ordinance of the City of Burnet, Texas.
(Ord. No. 2004-22, § 1.1, 12-14-04)
Sec. 2-272. - Purpose.#
This article is intended to assure the provision of adequate public facilities to serve new development in the city's service area by requiring said development to pay is pro rata share of the costs of improvements necessitated by and attributable to such new development.
(Ord. No. 2004-22, § 1.2, 12-14-04)
Sec. 2-273. - Authority.#
This article is adopted pursuant to Chapter 395, Texas Local Government Code, the Texas Constitution and the general laws of the State of Texas. The provisions of this article shall not be construed to limit the power of the city to utilize other methods authorized under state law or pursuant to other city powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this article. Guidelines may be developed by resolution or otherwise to implement and administer this article.
(Ord. No. 2004-22, § 1.3, 12-14-04)
Sec. 2-274. - Definitions.#
In this article:
Advisory committee means the city's impact fee advisory committee appointed by the city council pursuant to 395.058, Tex. Loc. Gov't. Code, to advise and assist in the adoption of land use assumptions, review and file comments on the capital improvements plan and to perform the other duties set forth in such section.
Assessment means the determination of the amount of the impact fee per service unit and is the maximum amount which can be imposed on new development pursuant to this article.
Capital improvement means either a water facility or a wastewater facility, with a life expectancy of three or more years, to be owned and operated by or on behalf of the city and as listed in the impact fee capital improvements plan.
Chapter 395 means Chapter 395, Texas Local Government Code, as amended.
City means the City of Burnet, Texas.
Credit means the amount of the reduction of an impact fee or fees, payments or charges for the approved construction or provision of the same type of capital improvements for which the fee has been assessed.
Facilities expansion means either a water facility expansion or a wastewater facility expansion.
Final plat approval or approval of a final plat means the point at which the applicant has complied with all conditions of approval and the plat has been released for filing with the County Clerk of Burnet County.
Guidelines means administrative or procedural guidelines, if any, developed by the city to further the implementation of the provisions of this article. Said guidelines, as amended from time to time, shall not supersede any provision or alter any substantive procedure established in this article.
Impact fee means a fee, charge or assessment for water facilities, a fee for wastewater facilities, or both, as appropriately imposed on new development by the city in order to fund or recoup the costs of capital improvements or facilities expansions necessitated by and attributable to such new development. Impact fees do not include the dedication or rights-of-way or easements for such facilities, the construction of water or wastewater improvements and other infrastructure within the development to serve the development unless such water or wastewater improvement is listed on the impact fee capital improvements plan, the dedication of park land or open space, any site-specific facility, or any other work, dedication or improvement that is not a water or wastewater facility listed on the impact fee capital improvements plan.
Impact fee capital improvements plan means a water improvements plan or a wastewater improvements plan adopted or revised pursuant to this article.
Land use assumptions means the projections of population growth and associated changes in land uses and intensities adopted by the city, as may be amended from time to time, upon which the impact fee capital improvements plan is based.
Living unit equivalent (L.U.E.) means a unit of measure which represents the quantity of water utilized and wastewater generated on an average annual daily basis from a single-family, detached residence of average size and occupancy and which is the standardized measure used for service units. The formula for determining living unit equivalents is set out in the impact fee capital improvements plan, attached hereto as section 2-272 (Exhibit "A").
New development means the subdivision of land, 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.
Offsite means located entirely on land which is not included within the bounds of the plat or project being considered for impact fee assessment.
Platted means platted in accordance with Chapter 212, Tex. Loc. Gov't. Code, or the applicable subdivision or platting procedures of the City of Burnet.
Service area means the area within which impact fees for capital improvements or facilities expansions will be collected for new development occurring within such area and within which fees so collected will be expended for those types of improvements or expansions identified in the capital improvements plan applicable to the service area.
Service unit means the same as "living unit equivalent", which is the applicable standard units of measure shown in section 2-372 (Exhibit "A") hereto.
Site-specific facility means an improvement or facility which is for the primary use or benefit of a new development and which is not included in the capital improvements plan and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. Site-specific facility may include improvements located offsite, within, or on the perimeter of the new development site.
Wastewater facility means an improvement for providing sanitary sewer service, including, but not limited to, land or easements, treatment facilities, lift stations, collection lines, or interceptor mains. Wastewater facilities exclude site-specific facilities constructed by developers.
Wastewater facility expansion means the expansion of the capacity of any existing wastewater facility for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing wastewater facility to serve existing development.
Wastewater improvements plan means the adopted plan, as may be amended from time to time, which identifies the wastewater facilities or sanitary sewer expansions and their associated costs which are necessitated by and which are attributable to new development projected within a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of community impact fees pursuant to this article.
Water facility means an improvement for providing water service, including, but not limited to, land or easements, water supply, water treatment facilities, water supply facilities, water storage facilities, or water distribution lines. Water facility excludes site-specific facilities constructed by developers.
Water facility expansion means the expansion of the capacity of any existing water facility, including increasing contract rights for water supply, for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing water facility to serve existing development.
Water improvements plan means the adopted plan, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development projected within a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of community impact fees pursuant to this article.
Terms used which are defined in 395.001, Tex. Loc. Gov't. Code, shall have the same meaning as they have in said Code.
(Ord. No. 2004-22, § 1.4, 12-14-04)
Sec. 2-275. - Adoption of capital improvements plan.#
The capital improvements plan identifying capital improvements or facility expansions pursuant to which impact fees may be assessed, as considered at the September 14, 2004 public hearing and is set out in section 2-372 (Exhibit "A") attached hereto, is hereby adopted.
(Ord. No. 2004-22, § 1.5, 12-14-04)
Sec. 2-276. - State law.#
Chapter 395 supplements this article to the extent that its provisions may be applicable hereto and, to such extent, its provisions are incorporated herein.
(Ord. No. 2004-22, § 1.6, 12-14-04)
Sec. 2-277. - Advisory committee.#
(a)
The advisory committee shall consist of the members of the appointed planning and zoning commission. If the commission does not include at least one representative of the real estate, development or building industry the city council shall appoint at least one representative, having such qualifications, as a voting member of the advisory committee. If any impact fee is to be applied to the extraterritorial jurisdiction of the city, a representative from that area shall be appointed by the city council.
(b)
The duties of the advisory committee shall be as follows:
(1)
Advise and assist the adoption of land use assumptions;
(2)
Review the capital improvements plan and file written comments;
(3)
Monitor and evaluate implementation of the capital improvements plan;
(4)
File semi-annual reports with respect to the progress of the capital improvements plan and report to the city council any perceived inequities in implementing the plan or imposing the impact fee; and
(5)
Recommend to the city council as necessary and required the timely amendment and/or update of the capital improvements plan and the impact fees.
(c)
All information and professional reports concerning the development and implementation of the capital improvements plan shall be made available to the advisory committee, and the city staff and contract officers of the city shall provide the committee with such support and assistance as may be required.
(Ord. No. 2004-22, § 1.7, 12-14-04; Ord. No. 2025-15, § 2, 4-8-25)
Secs. 2-278—2-290. - Reserved.#
DIVISION 2. - COMMUNITY IMPACT FEE ESTABLISHED#
Sec. 2-291. - Establishment.#
There is hereby established a community impact fee which shall be imposed against new development in order to generate revenues for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such new development.
(Ord. No. 2004-22, § 2.1, 12-14-04)
Sec. 2-292. - Basis.#
The community impact fee shall be assessed on the basis of living unit equivalents. The number of living unit equivalents shall be determined at the time of assessment as hereinafter set out.
(Ord. No. 2004-22, § 2.2, 12-14-04)
Sec. 2-293. - Amount.#
The community impact fee for each living unit equivalent shall, as set forth in section 2-372 (Exhibit "A") as amended from time to time in accordance with Chapter 395, be $1,084.50 for water service and $1,173.00 for wastewater service.
(Ord. No. 2004-22, § 2.3, 12-14-04; Ord. No. 2025-03, § 1, 1-14-25)
Sec. 2-294. - Payment.#
All payments pursuant to this article shall be made to the city secretary or his/her designate.
(Ord. No. 2004-22, § 2.4, 12-14-04)
Sec. 2-295. - Exemption or waiver.#
(a)
Any building permit application which was duly accepted for filing prior to the effective date of this article and subsequently granted, shall be exempt from the assessment and payment of an impact fee under this article, unless such application thereafter expires.
(b)
The city council may grant a waiver from any requirement of this article on other grounds, as may be set forth in administrative guidelines.
(c)
If the city council grants a variance or waiver to the amount of the impact fee due for a new development under this section, it shall cause to be appropriated from the other city funds the amount of the reduction in the impact fee to the capital improvements account.
(Ord. No. 2004-22, § 2.5, 12-14-04)
Sec. 2-296. - Establishment of accounts.#
(a)
The city shall establish an account to which interest is allocated for each category of capital facility for which an impact fee is imposed pursuant to this article. Each impact fee collected within the service area shall be deposited in such account.
(b)
Interest earned on the impact fee account shall be considered funds of the account and shall be used solely for the purposes authorized in section 2-297.
(c)
The city shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in section 2-297. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purposes and intent of this article; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten years from the date the fee is deposited into the account.
(d)
The city shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected or expended.
(Ord. No. 2004-22, § 2.6, 12-14-04)
Sec. 2-297. - Use of proceeds.#
(a)
The impact fees collected pursuant to this article may be used to finance or to recoup the costs of any capital improvements or facilities expansions identified in the impact fee capital improvements plan for the service area, including the construction contract price, surveying and engineering fees, planning fees land acquisition costs (including land, purchases, court awards and costs, attorney's fees, and expert witness fees), and the fees actually paid or contracted to be paid to an independent qualified engineer or other consultants preparing or updating the impact fee capital improvements plan who is not an employee of the city. 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 facilities expansions.
(b)
Impact fees collected pursuant to this article shall not be used to pay for any of the following expenses:
(1)
Construction, acquisition or expansion of capital improvements or assets other than those identified in the capital improvements plan;
(2)
Repair, operation, or maintenance of existing or new capital improvements or facilities expansions;
(3)
Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
(4)
Upgrading, expanding or replacing existing capital improvements to provide better service to existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or
(5)
Administrative and operating costs of the city.
(Ord. No. 2004-22, § 2.7, 12-14-04)
Secs. 2-298—2-330. - Reserved.#
DIVISION 3. - APPLICABILITY OF COMMUNITY IMPACT FEES#
Sec. 2-331. - Applicability.#
Any land for which a subdivision plat was filed of record prior to the effective date of this article and for which community impact fees were not paid shall be subject to the payment of community impact fees under this article unless otherwise mutually agreed upon.
(Ord. No. 2004-22, § 3.1, 12-14-04)
Section 2-332. - Fees under this article.#
(a)
Unless there is executed an agreement for payment of impact fees in another manner, the community impact fee imposed by this ordinance shall apply to new development not coming under section 2-331 above.
(b)
The community impact fee for development coming under this section shall be assessed and collected with respect to:
(1)
Land platted after the adoption of this article, at the time the city releases such plat for recording; and
(2)
Development which occurs or is proposed without platting, at the earlier of the time application is made for a building permit or application is made for connection to the city's water or wastewater system.
(c)
Impact fees may be assessed but not collected for property where service is not available unless:
(1)
The city commits to commence construction of necessary facilities identified in the capital improvements plan within two years and will have service available within a reasonable time not to exceed five years;
(2)
The city agrees in writing to permit the property owner to construct or finance the required capital improvement(s) or facility expansion(s) and that the costs incurred or funds advanced by such owner will either
a.
Be credited against the impact fees otherwise due from such owner;
b.
Reimburse the owner for such costs from impact fees paid from such owner and other new developments that will use such improvements or expansions, in which case fees shall be reimbursed to the owner as and when collected by the city from new development; or
c.
The owner voluntarily requests the city to reserve capacity to serve future development and the city and the owner enter into a valid written agreement;
provided that any such impact fee assessed but not collected, and for which no written agreement is entered into between the city and the property owner pursuant to this subsection (c), shall be thereafter collected at the earlier of the time the city contracts for the capital improvements necessary to serve the property or service is made available to the property.
(d)
A property owner and the city may enter into a valid written agreement providing for the time and method of the payment of impact fees, which agreement shall prevail over any contrary provision of this article.
(Ord. No. 2004-22, § 3.2, 12-14-04)
Sec. 2-333. - Calculation of impact fees.#
(a)
Impact fees shall be calculated based upon the number of service units as determined by using the conversion table provided in section 2-372 (Exhibit "A"). The impact fee required for any property, development or application shall be determined by multiplying the number of service units in the proposed development by the amount of the respective impact fees per service unit set forth in section 2-293 and in section 2-372 (Exhibit "A").
(b)
Should the number of service units required for any property increase after the impact fees for such property are assessed and collected, the impact fees for such property shall be increased in an amount equal to the impact fee established by this article multiplied by the number of additional service units required for such property.
(c)
The total amount of impact fees to be paid to and deposited into the impact fee account by the city for any development shall be reduced by any allowable credits, if any, for the category of capital improvements as provided in section 2-337.
(d)
If at anytime impact fees are assessed against any property but are unpaid, the total amount of such unpaid impact fees shall be attached to the development application, plat and/or other documents applicable to the property and thereafter collected.
(1)
At the earliest time provided for in this article; and
(2)
In no event later than the date service is connected to the property.
(e)
Replatting shall not require recalculation of impact fees unless the number of service units is increased. If a proposed replat increases the number of service units, the impact fee shall be recalculated as provided in subsection (b) above.
(Ord. No. 2004-22, § 3.3, 12-14-04)
Sec. 2-334. - In addition to other fees.#
The community impact fee shall be charged in addition to all other fees set out by city ordinance or regulation including, but not limited to, building permit fees and tap fees, park land dedication requirements and payments in lieu, and dedication of easements and right-of-way.
(Ord. No. 2004-22, § 3.4, 12-14-04)
Sec. 2-335. - Easement exclusive of fees.#
If granting of easements or rights-of-way is necessary to construction of an impact fee capital improvement, said easement shall be granted by the record owner of the land so affected, exclusive and in addition to the payment of the impact fee, and at the time of payment of the impact fee, as a condition of service, if construction of an impact fee capital improvement is undertaken by the city in any public right-of-way due to lack of said easement, and subsequent relocation of the improvement is required by any public agency, the record owner of the land shall bear all expense of said relocation.
(Ord. No. 2004-22, § 3.5, 12-14-04)
Sec. 2-336. - Appeals.#
(a)
The property owner or applicant for new development may appeal the following decisions to the city council:
(1)
The applicability of an impact fee to the development;
(2)
The amount of the impact fee due;
(3)
The availability or the amount of any credit;
(4)
The application of any credit against an impact fee due;
(5)
The amount of a refund due, if any.
(b)
The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the credit was not calculated according to the applicable schedule of service units or the guidelines established for determining credits.
(c)
The appellant must file a notice of appeal with the city secretary within 30 days following the decision appealed from. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending.
(Ord. No. 2004-22, § 3.6, 12-14-04)
Sec. 2-337. - Credits.#
If the property owner and the city have entered into a valid written agreement authorized by the city council, then, in that event, to the extent provided for in such agreement, if any, the property owner shall be entitled to: (1)
An off-set against or credit for the payment of impact fees otherwise payable by such property owner for the land being developed, to the extent of the approved costs and expense of any such construction, contribution, or dedication of any facility appearing on the capital improvements plan which is required to be constructed by the city in order to serve a property owner's development, that is paid or made by such property owner;
(2)
A credit against any category of impact fee as provided in the agreement; or
(3)
Reimbursement for the costs of capital improvement(s), constructed or paid by the property owner, from impact fees received from other new developments that will use such capital improvement(s) or facility expansion(s).
(Ord. No. 2004-22, § 3.7, 12-14-04)
Sec. 2-338. - Refunds.#
(a)
On the request of an owner of property on which an impact fee has been paid, the political subdivision shall refund the impact fee if existing facilities are available and service is denied or the political subdivision has, after collecting the fee when service was not available, failed to commence construction within two years or service is not available within a reasonable period considering the type of capital improvement or facility expansion to be constructed, but in no event later than five years from the date of the fee payment.
(b)
Upon completion of all the capital improvements or facilities expansions identified in the impact fee capital improvements plan, the city shall recalculate the maximum impact fee per service unit using the actual costs of the capital improvements or expansions. If the maximum 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 percent. 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.
(c)
The city shall refund any impact fee or part thereof that is not spent as authorized by this article within ten years after the date of the fee payment.
(d)
An impact fee collected pursuant to this article shall be considered expended if the total expenditures for capital improvements or facilities expansions authorized in section 2-297 within the service area within ten years following the date of collection exceeds the total fees collected for such improvements or expansions during such period.
(e)
If a refund is due pursuant to this section, the city shall pro-rate the same by dividing 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 total refund payable to any such property owner shall be calculated by multiplying the refund due per service unit by the number of service units for the property for which the fee was paid, and interest due shall be calculated upon that amount.
(f)
Refunds shall be made only to the record owner of the property at the time of the refund and shall bear interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03, Title 79, Revised Statutes (Article 5069-1.03), or its successor.
(Ord. No. 2004-22, § 3.8, 12-14-04)
Sec. 2-339. - Updates to plan and revision of fees.#
(a)
The city shall update its land use assumptions and impact fee capital improvements plan and shall recalculate its impact fees not less than once every three years in accordance with the procedures set forth in Texas Rev. Civil Statutes, Local Government Code, Section 395, or in any successor statute; provided that after giving the required notice the city council may determine that no changes or amendments are required.
(b)
The city may review its land use assumptions, impact fee capital improvements plan, and other factors such as market conditions more frequently than provided in subsection (a) to determine if the land use assumptions and capital improvements plan should be updated and the impact fee recalculated accordingly.
(Ord. No. 2004-22, § 3.9, 12-14-04)
Sec. 2-340. - Prohibition against transfer.#
The payment of impact fees and credits earned under this article shall inure to the benefit of and remain with the land for which such impact fees were paid or credits earned, and may not be sold, assigned, conveyed or transferred for the benefit of any other land or property. No impact fee receipts, LUEs, rights, benefits or credits arising under this article may be sold, assigned, transferred or conveyed except to a subsequent grantee or purchaser of the land for which such fee was paid or credit earned. All rights or benefits arising from the payment of an impact fee or any credit shall automatically vest in the owner and each subsequent owner of the land for which the fee was paid or credit earned.
(Ord. No. 2004-22, § 3.10, 12-14-04)
Secs. 2-341—2-370. - Reserved.#
DIVISION 4. - CLOSING PROVISIONS#
Sec. 2-371. - Construction.#
The terms and provisions of this article shall not be construed in a manner to conflict with Chapter 395, as amended, and if any term or provision of this article shall appear to conflict with any term, provision or condition of Chapter 395, such ordinance term or provision shall be read, interpreted and construed in a manner consistent with and not in conflict with Chapter 395.
(Ord. No. 2004-22, § 4.1, 12-14-04)
Sec. 2-372. - Impact fee calculations.#
Reference impact fee memorandum associated with the impact fee ordinance approval and/or amendment as updated from time to time.
(Ord. No. 2004-22, 12-14-04; Ord. No. 2025-03, § 1, 1-14-25)