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RULE §293.172Information Required To Accompany Applications for Approval of Impact Fees

Pursuant to the Local Government Code, §395.080, a district proposing to assess impact fees shall submit to the executive director an application for review. Upon submission of an application for review, the executive director has the responsibility for reviewing and the commission has the responsibility for approving or denying impact fee requests by all districts created pursuant to Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution. Each application submitted shall contain the following:

  (1) a $100 filing fee;

  (2) a certified board resolution requesting approval of the impact fee and stating the amount of the proposed fee;

  (3) a capital improvements plan report prepared, signed, and sealed by a professional engineer registered to practice in the State of Texas and which identifies the proposed capital improvements for which impact fees will be assessed and which shall specifically include the following:

    (A) an accounting of the capacity of the existing facilities, the level of current usage, the outstanding capacity commitments, and any unallocated excess capacity. This information should be presented in terms of flows and in terms of connections;

    (B) an established land use plan including both the number of connections and the method used in determining the number of connections associated with each category of development;

    (C) a map of the service area (on sheets not larger than 24 inches by 36 inches) which clearly:

      (i) indicates the properties against which the impact fees shall be assessed;

      (ii) identifies proposed land uses;

      (iii) identifies existing facilities servicing the area including line sizes and approximate peak daily flow capacities; and

      (iv) identifies proposed facilities necessary to serve the area including line sizes and approximate peak daily flow capacities;

  (4) the projected number of connections attributable to the new development may not be based on a development period exceeding 10 years;

  (5) a table establishing the additional demand required by the new connections, including the level of consumption represented by a connection for each category of capital improvements. Justification must be provided if the consumption levels differ from the minimum design criteria established by the commission;

  (6) a description of the facilities intended to be financed through impact fees and a detailed analysis of all costs required to finance those improvements;

  (7) a detailed calculation of the impact fee amount, including a complete explanation of all assumptions used in the calculation. All terms used should be defined;

  (8) any other information as the executive director may require.

Source Note: The provisions of this §293.172 adopted to be effective June 30, 1993, 18 TexReg 3758; amended to be effective October 22, 1996, 21 TexReg 9905.

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