14-57 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-57
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING 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, BY AMENDING THE DEFINITION OF "NEW
DEVELOPMENT" TO EXCLUDE TEMPORARY MODULAR BUILDINGS FROM
THE PAYMENT OF ROADWAY IMPACT FEES; MAKING FINDINGS
RELATED THERETO; PROVIDING REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, it is the desire of the Town Council to ensure that water, wastewater and
roadway impact fees are collected for all "new development" in the Town, as said term is
defined in the Town's impact fee ordinance, contained in Article 10.02, "Capital Improvements
and Impact Fees," of Chapter 10, "Subdivision Regulation," of the Code of Ordinances of the
Town of Prosper, Texas, as amended; and
WHEREAS, Chapter 395 of the Texas Local Government Code, which chapter governs
impact fees in Texas, specifically provides in Section 395.001(1) that capital improvements "that
have a life expectancy of three or more years may be subject to the charge or assessment of
impact fees; and
WHEREAS, the Town Council has determined that temporary modular buildings, which
usually have a life expectancy of three years or less, should be excluded from the collection of
roadway impact fees since, by definition, the buildings are temporary, are not designed for long-
term occupancy, and further, upon the construction of a permanent building, roadway impact
fees will be collected by the Town, pursuant to Article 10.02, "Capital Improvements and Impact
Fees," of Chapter 10, "Subdivision Regulation," of the Code of Ordinances of the Town of
Prosper, Texas, as amended; and
WHEREAS, the Town Council has determined that an ordinance exempting temporary
modular buildings from the payment of roadway impact fees will promote the public health,
safety and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are hereby found to be true and correct and 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 ""new development,"
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 by adding a new provision thereto, said definition of"new
development" to read as follows:
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 the use 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 of a plat pursuant to the Town's
subdivision regulations, the issuance of a building permit, or connection to the Town's water or
wastewater system, and which has not been exempted from these regulations by provisions
herein or attached hereto. Installation of a larger water meter will constitute new development.
Notwithstanding, roadway impact fees shall not be collected for any temporary modular building
which is scheduled to be replaced with a permanent building."
SECTION 3
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 repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of
conflicting ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town 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.
SECTION 5
Any roadway impact fees paid by any person, firm, corporation, or business entity after
October 1, 2013, for a temporary modular building, as referenced in this Ordinance, shall be
reimbursed in full for the roadway impact fees paid to the Town.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF AUGUST, 2014.
Ray Smith, Mayor
Ordinance No. 14-57,Page 2
ATTES
Robyn Bat Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-57,Page 3