Glenn Heights City Zoning Code

This chapter is intended to ensure the provision of adequate water, wastewater and roadway facilities to serve new development in the city by requiring each development to pay its share of the costs of such improvements necessitated by and attributable to such new development.

(Ord. No. O-04-25, § 4(10.03.002), 3-4-2025)

This chapter is adopted pursuant to V.T.C.A., Local Government Code ch. 395 and the city Charter. The provisions of this chapter shall not be construed to limit the power of the city to utilize all powers and procedures authorized under V.T.C.A., Local Government Code ch. 395 or 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 chapter. Guidelines may be developed by ordinance, resolution, or otherwise to implement and administer this chapter.

(Ord. No. O-04-25, § 4(10.03.003), 3-4-2025)

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

Capital improvement means any of the following facilities with a life expectancy of three or more years that are owned and operated by or on behalf of the city, including newly constructed facilities or the expansion of existing facilities:

(1)

Water supply, treatment and distribution facilities; wastewater collection and treatment facilities; and stormwater, drainage and flood control facilities, whether or not they are located within the service area; and

(2)

Roadway facilities.

Capital improvements plan means the adopted plan, as may be amended from time to time, that identifies the capital improvements or facilities expansions for which impact fees may be assessed or which are to be financed in whole or in part through the imposition of fees pursuant to this chapter.

Effective date of this chapter means the date of the ordinance from which this chapter is derived was adopted by the city council, to wit: March 4, 2025.

Final plat approval or approval of a final plat means the point at which the applicant has complied with all conditions of approval for any type of plat required to be filed with the applicable county and the plat has been approved by the city.

Impact fee means a charge or assessment imposed as set forth in this chapter against new development. The term "impact fee" does not include:

(1)

Required dedications of land for public parks or payments in lieu thereof;

(2)

Dedication of rights-of-way or easements or 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; or

(3)

Lot or acreage fees or pro rata fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or wastewater mains or lines.

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 capital improvements plan is 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, measured by the number of service units to be generated by such activity, and which requires either the approval of a plat, the issuance of a building permit, or connection to the city's system, and which has not been exempted from these regulations by provisions herein. Installation of a larger water meter will also constitute new development.

Off-site means located entirely on property which is not included within the bounds of the plat or property being considered for impact fee assessment.

Offset means the amount of the reduction of an impact fee designed to fairly reflect the value of system facilities or other capital improvements pursuant to rules herein established or council-approved administrative guidelines, provided by a developer pursuant to the subdivision regulations or requirements.

Plat means 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 vacating plat.

Recoup means to reimburse the city for capital improvements which the city has previously installed or caused to be installed.

Roadway facility means arterial or collector streets or roads that have been designated on the city's official adopted roadway plan, together with all necessary appurtenances and improvements to a roadway. The term "roadway facility" includes, but is not limited to, rights-of-way, whether conveyed by deed or easement; intersection improvements; interests in land; traffic lanes; traffic signs, signals and control devices; turn lanes; drainage facilities associated with the roadway; street lighting, and curbs. The term "roadway facility" also includes the city's share of costs for roadways and associated improvements designated on the federal or state 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.

Sanitary sewer facility or wastewater facility means an improvement for providing wastewater collection and treatment, including, but not limited to, land or easements, treatment facilities, lift stations, and 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 developers or owners of property in other subdivisions as a condition of connection to or use of such facility. The term "sanitary sewer facility" or "wastewater facility" does not include a site-related facility.

Service area means:

(1)

For water supply, treatment and distribution facilities, wastewater collection and treatment, the entire area within the corporate limits of the city and its extraterritorial jurisdiction to be served by the capital improvements and facilities expansions specified in the capital improvements plan; and

(2)

For roadway facilities, each individual area designated in the land use assumptions served by the roadway facilities designated in the capital improvements plan.

Service unit means the standardized measure of consumption, use, generation or discharge attributable to an individual unit of development, calculated in accordance with generally accepted engineering and/or planning standards.

Single-family residential lot means a lot intended to accommodate a single-family or duplex dwelling unit, as defined 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 water, wastewater and/or or roadway facilities to serve the 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 or which is located at least partially on the plat which is being considered for impact fee assessment. The term "site-related facility" includes that portion of an off-site water or wastewater main, equivalent to a standard size water or wastewater main, which is necessary to connect any new development with the city's water or wastewater system, the cost of which has not been included in the city's capital improvements plan.

System facility means a capital improvement which is designated in the capital improvements plan and which is not a site-related facility. System facilities may include a capital improvement which is located off site, within, or on the perimeter of the development site.

Water facility means an improvement for providing water supply, treatment and distribution service, including, but not limited to, land or easements, water treatment facilities, water supply facilities, or water distribution lines. The term "water facility" excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from pro rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility. The term "water facility" does not include a site-related facility.

(Ord. No. O-04-25, § 4(10.03.004), 3-4-2025)

The provisions of this chapter regarding water and wastewater impact fees apply to all new development within the corporate boundaries of the city and its extraterritorial jurisdiction. The provisions of this chapter regarding roadway impact fees apply to all new development within the corporate boundaries of the city.

(Ord. No. O-04-25, § 4(10.03.005), 3-4-2025)

Impact fees per service unit shall be as provided in the city fee schedule.

(Ord. No. O-04-25, § 4(10.03.006), 3-4-2025)

No final plat for new development shall be released for filing with the appropriate county, or in cases for which no request for plat approval is submitted to the city, whether the property is located inside or outside the corporate boundaries of the city, no application for a utility connection shall be approved and/or no building permit and/or certificate of occupancy shall be issued, without assessment of an impact fee pursuant to this chapter. No building permit shall be issued, or in the cases for which no plat is submitted to the city, whether the property is located inside or outside the corporate boundaries of the city, no building permit and/or certificate of occupancy shall be issued and/or utility connection made for new development until the property owner or developer has paid the impact fee imposed and calculated herein, or a contract for payment is approved by the city and executed by the parties.

(Ord. No. O-04-25, § 4(10.03.007), 3-4-2025)

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

(1)

For new development which has been platted prior to the effective date of the ordinance from which this chapter is derived, impact fees shall not be collected on any service unit for which a valid building permit is issued within one year after the effective date of the ordinance from which this chapter is derived;

(2)

Subject to subsection (1) of this section, for land which is unplatted at the time of application for a building permit, or for a new development which received final plat approval prior to or on the effective date of the ordinance from which this chapter is derived and for which no replatting is necessary pursuant to the subdivision regulations prior to development, assessment of impact fees shall occur at the time application is made for the building permit, and shall be the amount of the impact fee per service unit as set forth in the city's fee schedule at the rates then in effect;

(3)

For new development which is submitted for approval pursuant to the subdivision regulations after the effective date of the ordinance from which this chapter is derived, or for which replatting results in an increase in the number of service units after such date, assessment of impact fees shall be at the time of final plat recordation, and shall be the amount of the impact fee per service unit as set forth in the city's fee schedule at the rates then in effect;

(4)

Following assessment of the impact fee pursuant to subsection (1) of this section, the amount of the impact fee assessed per service unit for that development cannot be increased, unless the approved plat expires or lapses 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 new assessment shall be the amount of the maximum impact fee per service unit as set forth in the city's fee schedule at the rates then in effect;

(5)

Following the vacating of any plat, the expiration or lapse of a plat, or submittal of any replat, a new assessment shall be made in accordance with subsection (2) of this section;

(6)

Approval of an amending plat that does not increase the number of service units is not subject to reassessment for an impact fee.

(Ord. No. O-04-25, § 4(10.03.008), 3-4-2025)

(a)

For all new developments, impact fees shall be collected at the time of application for a building permit or, in cases for which no plat is submitted to the city, whether the property is located inside or outside the corporate boundaries of the city, at the time of application for building permit, utility connection or certificate of occupancy, whichever occurs first. The city may enter into an agreement with a developer for a different time and manner of payment of impact fees, in which case the agreement shall determine the time and manner of payment.

(b)

At the time of final plat approval, or upon request for a utility connection for an area in the city's extraterritorial jurisdiction for which a final plat was not submitted to the city, 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 (roadway, water, and/or wastewater) shall be determined by multiplying the number of each type of service unit generated by the new development by the maximum impact fee due for each type of service unit in the applicable service area as set forth in the city's fee schedule at the rates then in effect.

(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 chapter.

(c)

When 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 the maximum impact fee per service unit, being the amount of the maximum impact fee per service unit as set forth in the city's fee schedule at the rates then in effect, and such additional fee shall be collected at the time of issuance of a building permit, or for an area in the city's extraterritorial jurisdiction for which a plat was not required to be approved by the city, prior to or at the time of connection or enlargement of the connection to the city's water or wastewater system.

(d)

If the building permit for which an impact fee has been paid has expired, and a new application is thereafter filed, the impact fees shall be computed using the fees then in effect, with credits for previous payment of fees being applied against the new fees due.

(e)

For a new development which is unplatted at the time of application for a building permit, and for which platting is not necessary pursuant to the subdivision regulations prior to development, collection of impact fees shall occur at the time application is made for the building permit and shall be the amount of the impact fee per service unit then in effect.

(Ord. No. O-04-25, § 4(10.03.009), 3-4-2025)

(a)

Any construction or contributions to or dedications of any non-site-related facility appearing in the capital improvements plan that is required to be constructed by a property owner or developer as a condition of new development shall be credited against the impact fees otherwise due on that new development from the same category (roadway, water or wastewater) of impact fees assessed on the new development. Offsets or credits shall be allowed in accordance with the rules set forth in this section. The value of an offset or credit may be stated in dollars or service units.

(b)

All credits against impact fees shall be subject to the following limitations and shall be granted based on this chapter and any additional administrative guidelines that may be adopted by the city:

(1)

No credit shall be given for the dedication of land or easements or the 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 years from the acquisition of the first building permit issued or, in the cases for which no plat is submitted to the city, whether the property is located inside or outside the corporate boundaries of the city, the acquisition of the first building permit issued, the acquisition of the first certificate of occupancy is issued or connection made after the effective date of the adoption of the applicable impact fees, whichever occurs first, 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 state law 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.

(d)

At its sole discretion, the city may authorize alternative credit arrangements by written agreement with the property owner in accordance with the city's administrative guidelines.

(Ord. No. O-04-25, § 4(10.03.010), 3-4-2025)

(a)

The city shall establish an account to which interest is allocated for each 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 in 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 each 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.

(Ord. No. O-04-25, § 4(10.03.011), 3-4-2025)

(a)

The impact fees collected for each 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 chapter 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.

(Ord. No. O-04-25, § 4(10.03.012), 3-4-2025)

(a)

Upon application by an owner of property, any impact fee or portion thereof collected pursuant to city ordinance shall be refunded as specified in this chapter if:

(1)

The fee collected has not been expended within the service area within ten years from the date of payment;

(2)

Existing facilities are available and service is denied; or

(3)

The city has, after collecting the impact 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 improvement or expansion, but in no event later than five years from the date of payment.

(b)

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 V.T.C.A., Finance Code § 302.002. The application for refund pursuant to this chapter shall be submitted within 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.

(c)

An impact fee collected pursuant to this chapter shall also be considered expended if the total expenditures for capital improvements or facilities within the service area within ten years following the date of payment exceed the total fees collected within the service area for such improvements or expansions during such period.

(d)

If a refund is due pursuant to subsections (a) and (b) of this section, 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.

(Ord. No. O-04-25, § 4(10.03.013), 3-4-2025)

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 chapter 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 60 days of the request. If the city council determines that the duty is required pursuant to this chapter and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion.

(Ord. No. O-04-25, § 4(10.03.014), 3-4-2025)

(a)

The city shall update its land use assumptions and capital improvements plans at least every five 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 V.T.C.A., Local Government Code ch. 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) of this section to determine whether the land use assumptions and capital improvements plan should be updated and the impact fee recalculated accordingly.

(c)

If, at the time an update is required pursuant to subsection (a) of this section, 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 V.T.C.A., Local Government Code § 395.0575.

(Ord. No. O-04-25, § 4(10.03.015), 3-4-2025)

Impact fees established by this chapter 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. 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.

(Ord. No. O-04-25, § 4(10.03.016), 3-4-2025)