The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise. Actual costs under paragraph (1)(A) and (B) of this section,
as determined by the district's governing board of directors, may
include non-construction expenses attributable to the design, permitting,
financing, and construction of those facilities, and reasonable interest
on those costs calculated at a rate not to exceed the net effective
interest rate on any district bonds issued to finance the facilities.
(1) Impact fee--A charge or assessment imposed by a
district against new development in order to generate revenue for
funding or recouping the costs of capital improvements or facility
expansions necessitated by and attributable to such new development.
A charge or fee by a district for construction, installation, or inspection
of a tap or connection to district water, wastewater, or drainage
facilities, including all necessary service lines and meters, for
capacity in storm water detention or retention facilities and related
storm water conveyances, or for wholesale facilities that serve such
water, wastewater, drainage, or storm water detention or retention
facilities, shall not be deemed to be an impact fee under Local Government
Code, Chapter 395 if the charge or fee:
(A) does not exceed three times the actual and reasonable
costs to the district for such tap or connection;
(B) is made to a nontaxable entity for retail or wholesale
service, does not exceed the actual costs to the district for such
work and for all facilities that are necessary to provide district
services to such entity and that are financed or are to be financed
in whole or in part by tax-supported or revenue bonds of the district;
or
(C) is made by a district for retail or wholesale service
on land that at the time of platting was not being provided with water,
wastewater, drainage, or storm water detention or retention service
by the district.
(2) Capital improvement plan--Capital improvement plan
means a plan which identifies capital improvements or facility expansions
pursuant to which impact fees may be assessed.
(3) Capital improvements--Capital improvements means
water supply, treatment, and distribution facilities, wastewater collection
and treatment facilities, storm water, and drainage, and flood control
facilities, including facility expansions, whether or not located
within the service area, with a life expectancy of three or more years,
owned and operated by or on behalf of a district with authorization
to finance and construct such facilities, but such term does not include
materials and devices for making connections to or measuring services
provided by such facilities to district customers.
(4) Connection--Connection means a standardized measure
of consumption, use, generation, or discharge attributable to an individual
unit of development calculated in accordance with generally accepted
engineering or planning standards. Connections shall be described
in terms of single family equivalent connections, living unit equivalents,
or other generally accepted unit typically attributable to a single
family household. The assumed population equivalent per service unit
shall be indicated.
(5) Service area--Service area means an area within
or without the boundaries of a district to be served by the capital
improvements specified in the capital improvement plan. The service
area may include all or part of the land within a district or land
outside a district served by the facilities identified in the capital
improvement plan.
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Source Note: The provisions of this §293.171 adopted to be effective June 30, 1993, 18 TexReg 3758; amended to be effective April 15, 1994, 19 TexReg 2301; amended to be effective October 22, 1996, 21 TexReg 9905; amended to be effective June 5, 1998, 23 TexReg 5715; amended to be effective October 6, 2002, 27 TexReg 9365; amended to be effective November 13, 2014, 39 TexReg 8730 |