§ 48-271. Assessment of impact fees.

(a)

The approval of any new development shall include as a condition the assessment of the impact fee applicable to such development.

(b)

Assessment of the impact fee for any new development shall occur as follows:

(1)

For a development which is submitted for approval pursuant to the city's subdivision regulations, assessment shall be at the time of final plat approval, and shall be the amount of the impact fee per service unit then in effect, as set forth in schedule 2.

(2)

For land which is not platted and which is not required to be platted as a condition of issuing a building permit or utility connection, assessment shall occur at the time application is made for the building permit or utility connection, and shall be the amount of the impact fee per service unit then in effect, as set forth in schedule 2.

(c)

Following assessment of the impact fee pursuant to subsection (b) of this section, the amount of the impact fee per service unit for that development cannot be increased, and shall be the amount of the schedule 2 rate then in effect, unless the owner proposes to change the approved development by the submission of a new application for plat approval, in which case new assessment shall occur at the schedule 2 rate then in effect.

(d)

Following the lapse or expiration of approval for a plat, a new assessment shall occur at the time of final approval of a new plat.

(e)

An application for an amending plat made pursuant to V.T.C.A., Local Government Code § 212.016, and the subdivision regulations, is not subject to reassessment for an impact fee.

(Code 1994, § 11.1011; Ord. No. 290, § 2, 8-29-2000)