§ 48-264. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Area-related facility means a capital improvement or facility expansion which is designated in the impact fee capital improvements plan.

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

Capital improvement means either a water facility or a sanitary sewer facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the city.

Facilities expansion means either a water facility expansion or a sanitary sewer facility expansion.

Impact fee means either a fee for water facilities or a fee for sanitary sewer facilities imposed on new development by the city, pursuant to this article, in order to fund or recoup the costs of capital improvements or facilities expansions necessitated by and attributable to such new development. The term "impact fees" does not include the dedication of rights-of-way or easements for such facilities or the construction or dedication of on-site water distribution, wastewater collection or drainage facilities, or streets, sidewalks, or curbs if the dedication or construction is required by ordinance and is necessitated by and attributable to the new development. The term "impact fees" does not include dedication of land for public parks or payment in lieu of the dedication to serve park needs. The term "impact fees" also does not include any participation or extension agreements for water and/or sanitary sewer improvements, or funds deposited in escrow for the construction of water or wastewater facilities, or lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines.

Impact fee capital improvements plan means either a water improvements plan or a sanitary sewer improvements plan adopted or revised pursuant to this article. Impact fee capital improvements plan may refer either to the plan for a particular service area or to the aggregation of capital improvements or facilities expansions and the associated costs programmed for all service areas for a particular category of capital improvements or facilities expansions.

Land use assumptions means the projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the city, as may be amended from time to time, upon which the impact fee 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 land, 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 and filing with the county of a plat pursuant to the city's subdivision regulations, the issuance of a building permit or connection to the city's water or sanitary sewer system.

Offset means the amount of the reduction of an impact fee designed to fairly reflect the value of area-related facilities provided by a developer pursuant to the city's development regulations or requirements.

Off-site means outside the boundaries of the property for which a new development is proposed.

Plat approval or approval of a plat means the point at which the applicant has complied with all conditions of approval, and the plat has been released for filing with Denton County.

Recoupment means the imposition of an impact fee to reimburse the city for capital improvements which the city has previously oversized to serve new development.

Sanitary sewer facility means an improvement for providing sanitary sewer service, including but not limited to land or easements, treatment facilities, lift stations or interceptor mains. Sanitary sewer facility excludes sanitary sewer lines or mains which are constructed by developers, the costs of which are reimbursed from pro rata charges paid by subsequent users of the facilities. Sanitary sewer facilities exclude site-related facilities.

Sanitary sewer facility expansion means the expansion of the capacity of any existing sanitary sewer improvement for the purpose of serving new development, but does not include the repair, maintenance, modernization or expansion of an existing sanitary sewer facility to serve existing development.

Sanitary sewer improvements plan means the adopted plan, as may be amended from time to time, which identifies the sanitary sewer facilities or sanitary sewer expansions and their associated costs which are necessitated by and which are attributable to new development for a period not to exceed ten years and which are to be financed in whole or in part through the imposition of sanitary sewer facilities impact fees, pursuant to this article.

Service area means either the entire city or a water benefit area or sanitary sewer benefit area within the city, 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 type of capital improvements plan applicable to the service area.

Service unit means the applicable standard units of measure shown on the conversion table in the impact fees capital improvements plan which can be converted either to three-fourths-inch water meter equivalents, as the context indicates, which serves as the standardized measure of consumption, use or generation attributable to the new unit of development.

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 water or sanitary sewer facilities to serve the new development, and which is not included in the impact fees capital improvements plan and for which the developer or property owner is solely responsible under subdivision and other applicable regulations.

Water facility means an improvement for providing water service, including, but not limited to, land or easements, water treatment facilities, water supply facilities or water distribution lines. Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from pro rata charges paid by subsequent users of the facilities. Water facility excludes site-related facilities.

Water facility expansion means the expansion of the capacity of any existing water facility 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 for a period not to exceed ten years and which are to be financed in whole or in part through the imposition of water facilities impact fees pursuant to this article.

(Code 1994, § 11.1004; Ord. No. 290, § 2, 8-29-2000)