17-14 O - Amending Impact FeesTOWN OF PROSPER, TEXAS
ORDINANCE NO. 17-14
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 10.02.002, "DEFINITIONS," BY AMENDING
THE DEFINITION OF "STUDY" CONTAINED THEREIN; AMENDING SECTION
10.02.006, "IMPACT FEES ADOPTED" BY ADOPTING THE EXHIBITS
ATTACHED THERETO; BY AMENDING SECTION 10.02.008. "ASSESSMENT
OF IMPACT FEES," BY AMENDING THE DATES CONTAINED THEREIN;
AMENDING SECTION 10.02.009, "COMPUTATION AND COLLECTION,"
RELATIVE TO APPROPRIATE LAND USE CATEGORIES AND
CONSIDERATION OF ALTERNATIVE LAND USE EQUIVALENCIES;
AMENDING SECTION 10.02.016, "IMPACT FEE AS ADDITIONAL AND
SUPPLEMENTAL REGULATION," BY REPLACING "TOWN
COMPREHENSIVE LAND USE PLAN" WITH "TOWN COMPREHENSIVE
PLAN"; AMENDING SECTION 10.02.017, "RELIEF PROCEDURES," BY THE
ADDITION OF DETAILED APPEAL PROCEDURES; REPEALING EXISTING
SECTION 10.02.018, "CERTIFICATE OF COMPLIANCE STATEMENT," IN ITS
ENTIRETY; ALL OF WHICH SECTIONS ARE CONTAINED IN ARTICLE 10.02,
"CAPITAL IMPROVEMENTS AND IMPACT FEES," CONTAINED IN
CHAPTER 10, "SUBDIVISION REGULATION," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING
FOR AN EFFECTIVE DATE AND PUBLICATION OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
previously adopted Ordinance Nos. 95-01, 01-24, 02-19, 02-57, 06-91, and 11-71 of the Town
of Prosper, Texas ("Town"), establishing impact fees to be assessed by the Town; and
WHEREAS, the Town has fully complied with Chapter 395 of the Texas Local
Government Code concerning the notice, adoption, promulgation and methodology necessary
to adopt land use assumptions and a capital improvement plan establishing impact fees and has
held a public hearing required by Chapter 395 of the Texas Local Government Code relative to
the land use assumptions, capital improvement plan and impact fees for water, sewer and
roadways; and
WHEREAS, as a result of the most recent study undertaken by the Town, the Town
Council desires to amend the land use assumptions and amend the capital improvement plan
and the amount of impact fees for water, sewer and roadways; and
WHEREAS, on or before the date of the first publication of the notice of the public
hearing on the proposed amendments, including the amount of the proposed impact fee per
service unit, such information was made available to the public; and
WHEREAS, the Town Council finds that it is in the best interest of the citizens of the
Town to adopt such land use assumptions and capital improvement plan, and amend the impact
fees for water, sewer and roadways.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, the definition of "Study" contained in
Section 10.02.002, "Definitions," of Article 10.02, "Capital Improvements and Impact Fees," of
Chapter 10, "Subdivision Regulation," of the Code of Ordinances of the Town of Prosper, Texas,
is hereby amended to read as follows:
"Study. The "Water, Wastewater and Roadway Impact Fee Report" study, dated October
2016 and prepared by Freese & Nichols, Inc., on behalf of the Town, a copy of which is located
in the Office of the Town Secretary and incorporated by reference herein, as may be amended
from time to time."
SECTION 3
From and after the effective date of this Ordinance, Section 10.02.006, "Impact fees
adopted," of Article 10.02, "Capital Improvements and Impact Fees," of Chapter 10, "Subdivision
Regulation," of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to
read as follows:
"Sec. 10.02.006 Impact fees adopted
The previously adopted impact fees for roadways, water and wastewater have been reviewed,
evaluated, updated and revised. The Town Council finds that:
(1) the impact fees for roadways set forth in Exhibit A, "Roadway Impact Fee
Schedule," attached hereto and incorporated for all purposes, are hereby
adopted and approved; and
(2) the impact fees for water set forth in Exhibit B, "Water Impact Fee Schedule,"
attached hereto and incorporated for all purposes, representing fifty percent
(50%) of the total projected costs, are hereby adopted and approved; and
(3) the impact fees for wastewater set forth in Exhibit C, "Wastewater Impact Fee
Schedule," attached hereto and incorporated for all purposes, representing fifty
percent (50%) of the total projected costs, are hereby adopted and approved."
SECTION 4
From and after the effective date of this Ordinance, Section 10.02.008, "Assessment," of
Article 10.02, "Capital Improvements and Impact Fees," of Chapter 10, "Subdivision Regulation,"
of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as
follows:
"Sec. 10.02.008 Assessment
(a) The assessment of the impact fee for any new development shall be calculated and
made at the time of final plat approval (as defined in Section 10.02.002); however, for the sole
purpose of phasing in the application of this Ordinance, final plats that have been approved by
Ordinance No. 17-14, Page 2
the Town on or before February 28, 2017, pursuant to the Town's subdivision regulations, or for
a final plat deemed approved by the Town on or before February 28, 2017, due to the Town's
failure to act, assessment for the new development to which the final plat applies shall be
calculated and made in accordance with the impact fees existing on February 27, 2017.
(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 meter size or additional meters or service units
at the impact fee rate then in effect.
(c) Following the lapse or expiration of a final plat that has been approved or a final plat
deemed approved due to the Town's failure to act, pursuant to the Town's subdivision
regulations, a new assessment shall be performed at the time of new final plat approval in
accordance with this Ordinance."
SECTION 5
From and after the effective date of this Ordinance, Section 10.02.009, "Computation
and Collection," of Article 10.02, "Capital Improvements and Impact Fees," of Chapter 10,
"Subdivision Regulation," of the Code of Ordinances of the Town of Prosper, Texas, is hereby
amended to read as follows:
"Sec. 10.02.009 Computation and collection
(a) The impact fees due on new development shall be collected at the time of application for
a building permit or, in the cases for which no plat is submitted to the town, whether the property
is located inside or outside the corporate boundaries of the town, at the time of application for
building permit, utility connection or certificate of occupancy, whichever occurs first, unless an
agreement between the developer and the town has been executed providing for a different
time of payment.
(b) At the time of final plat approval, or the request for a utility connection for an area in the
town's extraterritorial jurisdiction for which a final plat was not submitted to the town, for all new
developments, the town 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 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 Exhibits A, B and/or C to section 10.02.006,
respectively. The town shall determine the appropriate land use category set forth in
Exhibits A, B and/or C to section 10.02.006 for the computation of the impact fee.
(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 article.
(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
Ordinance No. 17-14, Page 3
determined by using the amount of impact fee per service unit in Exhibits A, B and/or C to
section 10.02.006, and such additional fee shall be collected at the time of issuance of a new
building permit, or for an area in the town's extraterritorial jurisdiction for which a final plat was
not required to be submitted to the town, prior to or at the time of enlargement of the connection
to the town's water or wastewater system.
(d) The Town Manager, or his/her designee, may consider alternate service unit
equivalencies as defined in Exhibits A, B and/or C to section 10.02.006, as presented by the
property owner or applicant. All data and appropriate technical support data, consistent with the
methodological approach in effect with the town, shall be provided. The applicant bears fully
responsibility for the provision of such data at the time of fee determination. The town will make
the final determination as to consideration of such data."
SECTION 6
From and after the effective date of this Ordinance, Section 10.02.016, "Impact fee as
additional and supplemental regulation," of Article 10.02, "Capital Improvements and Impact
Fees," of Chapter 10, "Subdivision Regulation," of the Code of Ordinances of the Town of
Prosper, Texas, is hereby amended to read as follows:
"Sec. 10.02.016 Impact fee as additional and supplemental regulation
Impact fees established by this article are additional and supplemental to, and not in substitution
of, any other requirements imposed by the town 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 town's comprehensive plan, the capital improvements plan, the zoning
ordinance, subdivision regulation and other town policies, ordinances, codes and resolutions by
which the town seeks to ensure the provision of adequate public facilities in conjunction with the
development of land."
SECTION 7
From and after the effective date of this Ordinance, Section 10.02.017, "Relief
procedures," of Article 10.02, "Capital Improvements and Impact Fees," of Chapter 10,
"Subdivision Regulation," of the Code of Ordinances of the Town of Prosper, Texas, is hereby
amended to read as follows:
"Sec. 10.02.017 Relief procedures
(a) The property owner or applicant for a new development may appeal the following
decisions to the Town Manager, or his/her designee:
(1) The applicability of an impact fee to the development;
(2) The amount of an impact fee due;
(3) The availability or amount of a discount against roadway impact fees; or
(4) The availability or amount of a refund.
Ordinance No. 17-14, Page 4
(b) All appeals shall be taken with 30 days of notice of the administrative decision from
which the appeal is taken.
(c) The burden of proof shall be on the appellant.
(d) The decision of the Town Manager, or his/her designee, may be appealed to the Town
Council by filing a notice of appeal with the Development Services Department within 30 days of
the Town Manager, or his/her designees', decision. If the notice of appeal is accompanied by a
bond or other sufficient surety satisfactory to the Town 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.
(e) The Town Manager, or his/her designee, or the Town Council on appeal, shall review
the evidence presented by the appellant and any reports by the Development Services
Department, and determine whether the impact fee regulations have been correctly applied to
the availability of a discount or refund, or to the amount of an impact fee, discount or refund
applied to the proposed development."
SECTION 8
From and after the effective date of this Ordinance, Section 10.02.018, "Certificate of
compliance statement," of Article 10.02, "Capital Improvements and Impact Fees," of Chapter
10, "Subdivision Regulation," of the Code of Ordinances of the Town of Prosper, Texas, is
hereby repealed in its entirety.
SECTION 9
Unless otherwise set forth herein, Town Ordinance Nos. 06-91, 02-57, 02-19, 01-24, 95-
01, and 11-71 shall remain in full force and effect for final plats that have been approved by the
Town on or before February 28, 2017, pursuant to the Town's subdivision regulations, or for a
final plat deemed approved by the Town on or before February 28, 2017, due to the Town's
failure to act, as set forth in Section 10.02.008, save and except as amended by this or any
other ordinance. All provisions of any ordinance 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 appeal prevent a prosecution
from being commenced for any violation if occurring prior to the repealing of the ordinance. Any
remaining portions of said ordinances shall remain in full force and effect.
SECTION 10
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional 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.
Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 11
This Ordinance shall become effective from and after its adoption and publication as
required by law.
Ordinance No. 17-14, Page 5
DULY PASSED, APPS D, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER,28TH DAY OF FEBRUARY, 2017.
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* = Ray Smith Mayor
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ATTEST: �►�. �•,�*
o Ba e, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 17-14, Page 6
Exhibit A: Roadway Impact Fee Schedule, Town of Prosper
Ordinance No. 17-14, Page 7
ITF.
Development
2017 Actual Roadway Impact Fee
ITE Land Use
Codc
Unit
Per Development Unit
Service Area
1
Service Area
2
(West of BNSF RR)
(East of BNSF RR)
%of Max
%of Max
-_
PRESIDENTIAL
Single -Family Detached Housing
210
Dwelling Unit
40%
$
6,053
40%
$
4,589
Apartment/Multi-family
220
Dwelling Unit
50%
$
4,690
50%
$
3,556
Residential Condominium/Townhome
230
Dwelling Unit
50%
$
3,934
50%
$
2,982
Mobile Home Park/Manufactured Housing
240
Dwelling Unit
50%
$
4,463
50%
$
3,384
Senior Adult Housing -Detached
251
Dwelling Unit
50%
$
2,042
50%
$
1,548
Senior Adult Housing -Attached
252
Dwelling Unit
50%
$
1,891
5091.
$
1,434
Assisted Living
254
Beds
50%
$
1,664
so
$
1,261
OFFICE
Corporate Headquarters Building
714
1000 sq. ft.
25%
$
4,855
25%
$
3,681
General Office Building
710
1000 sq. ft.
25%
$
5,132
25%
$
3,891
Medical -Dental Office Building
720
1000 sq. ft.
25%
$
11,910
25%
$
9,029
Single Tenant Office Building
715
1000 sq. ft.
25%
$
5,990
25%
$
4,541
Office Park
750
1000 sq. ft.
25%
$
5,094
25%
$
3,862
iCOMMERCIAL
I
Automobile Related
Automobile Care Center
942
1000 sq. ft.
50%
$
7,566
50%
$
5,736
Automobile Parts Sales
843
1000 sq. ft.
509/6
$
13,820
50%
$
10,477
Gasoline/Service Station
944
Vehicle Fueling Position
50%
$
6,090
50%
$
4,617
Gasoline/Service Station w/ Conv Market
945
Vehicle Fueling Position
50%
$
4,501
50%
$
3,412
Gasoline/Service Station w/ Cony Market and Car Wash
946
Vehicle Fueling Position
50%
$
4,615
50%
$
3,498
New/Used Automobile Sales
841
1000 sq. ft.
50%
$
8,499
50%
$
6,443
Quick Lubrication Vehicle Stop
941
Servicing Position
50%
$
12,622
50%
$
9,569
Self -Service Car Wash
947
Stall
50%
$
2,509
50%
$
1,902
Automated Car Wash
948
1000 sq. ft.
50%
$
6,405
50%
$
4,856
Tire Store
848
1000 sq. ft.
50%
$
12,118
50%
$
9,187
Dining
Fast Food Restaurant w/ Drive -Thin
934
1000 sq. ft.
50%
$
49,305
so
$
37,379
Fast Food Restaurant w/o Drive -Thin
933
1000 sq. ft.
50%
$
39,481
5o%
$
29,932
Non -Fast Food Restaurant
931/932
1000 sq. ft.
25%
$
7,333
25%
$
5,559
Coffee/Donut Shop w/ Drive-Thru
937
1000 sq. ft.
50%
$
38,775
50%
$
29,397
i Other Retail
Free -Standing Discount Store
815
1000 sq. ft.
50%
$
14,135
50%
$
10,716
Nursery (Garden Center)
817
1000 sq. ft.
50%
$
19,696
50%
s
14,932
Home Improvement Superstore
862
1000 sq. ft.
25%
$
2,459
25%
$
1,864
PharnmeyNmgstore w/o Drive-Thru
880
1000 sq. ft.
50%
$
16,002
50%
$
12,131
Pharmacy/Drugstore w/ Drive -Thou
881
1000 sq. ft.
50%
$
20,491
50%
$
15,535
Shopping Center
820
1000 sq. ft.
25%
$
4,962
25%
$
3,762
Specialty Retail
826
1000 sq. ft.
50%
$
7,250
50%
$
5,497
Supermarket
850
1000 sq. ft.
25%
$
12,301
25%
$
9,326
Toy/Children's Superstore
864
1000 sq. ft.
25%
$
7,081
25%
$
5,368
Department Store
875
1000 sq. ft.
25%
$
2,654
25%
$
2,012
SERVICES
Bank w/o Drive -Thur
911
1000 sq. ft.
50%
$
15,560
50%
$
11,797
Bank w/Drive-Thur
912
Drive -In Lanes
50%
$
27,527
50%
$
20,869
Hair/NailBeamy Salon
918
1000 sq. ft.
50%
$
2,168
50%
$
1,644
iLODGING
I
Hotel - FullService
310
Room
25%
$
1,217
25%
$
923
Hotel- Residence/Extended Stay
311
Room
25%
$
1,116
25%
$
846
Hotel - Limited Service.
312
Room
25%
$
1,255
25%
$
951
Resort Hotel
330
Room
25%
$
996
25%
$
755
MEDICAL
Clinic
630
1000 sq. ft.
50%
$
24,652
50%
$
18,689
Hospital
610
Beds
50%
$
6,758
50%
$
5,124
Nursing Home
620
Beds
50%
$
1,046
50%
$
793
Animal HospitalfVeterinary Clinic
640
1000 sq. ft.
50%
$
15,724
50%
$
11,921
iRECREATIONAL
I
Golf Driving Range
432
Tee
50%
$
5,069
50%
$
3,843
Golf Course
430
Acre
50%
$
1,210
50%
$
917
Recreational Community Center
495
1000 sq. ft.
50%
$
11,109
50%
$
8,422
Ice Skating Rink
465
1000 sq. ft.
50%
$
9,570
50%
$
7,256
Miniature Golf Course
431
Hole
50%
$
1,336
50%
$
1,013
Multiplex Movie Theater
445
Screens
25%
$
27,647
25%
$
20,960
Racquet tennis Club
491
Court
50%
$
13,580
50%
$
10,296
Health/Fitness Club
492
1000 sq. ft.
50%
$
14,312
50%
$
10,850
INDUSTRIAL
General Light Industrial
110
1000 sq. ft.
50%
$
6,128
50%
$
4,646
General Heavy Industrial
120
1000 sq. ft.
50%
$
4,300
50%
$
3,259
Industrial Park
130
1000 sq. ft.
50%
$
5,371
50%
$
4,072
Warehousing
150
1000 sq. ft.
50%
$
2,181
50%
$
1,653
Mini Warehouse (Self Storage)
151
1000 sq. ft.
50%
$
1,778
50%
$
1,347
liNSTFFUTIONAL
I
Church/House of Worship
560
1000 sq. ft.
50%
$
1,462
50%
$
1,108
Day Care Center
565
1000 sq. ft.
50%
$
18,297
50%
$
13,871
Primary/Middle School (1-8)
522
Students
50%
$
428
50%
$
325
High School
530
Students
50%
$
340
50%
$
258
Junior/Community College
540
Students
50%
$
315
50%
$
239
University/College
550
Students
5011.
$
453
50%
$
344
Ordinance No. 17-14, Page 7
Exhibit B: Water Imnact Fee Schedule
Meter Water Impact Fee (50% of
Size Meter T e the Maximum)
5/8"
1"
Yp
Displacement
Displacement
$1,528
$3,821
1-1/2"
Displacement
$7,641
1-1/2"
Turbine
$12,226
2"
Displacement
$12,226
2"
Turbine
$15,282
3"
Compound
$34,385
3"
Turbine
$34,385
4"
Compound
$76,410
4"
Turbine
$91,692
6"
Compound
$152,820
6"
Turbine
$191,025
8"
Turbine
$305,640
10"
Turbine
$496,665
Exhibit C: Wastewater Impact Fee Schedule
Meter Wastewater Impact Fee
Size
5/8"
1"
Meter Type I
Displacement
Displacement
(50% of the Maximum)
$1,129
$2,822
1-1/2"
Displacement
$5,644
1-1/2"
Turbine
$9,030
2"
Displacement
$9,030
2"
Turbine
$11,288
3"
Compound
$25,398
3"
Turbine
$25,398
4"
Compound
$56,440
4"
Turbine
$67,728
6"
Compound
$112,880
6"
Turbine
$141,100
8"
Turbine
$225,760
10"
Turbine
$366,860
Ordinance No. 17-14, Page 8