§ 38-129. Assessment procedure.

(a)

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

(1)

For land which is unplatted at the time of application for a building permit, and for which no platting is necessary pursuant to the city's subdivision regulations prior to development, assessment of water or wastewater impact fees shall occur at the time application is made for the building permit, or at the time application is made for utility connection, whichever first occurs, and shall be the amount of the maximum impact fee per service unit as set forth in schedule 1 then in effect.

(2)

For land that was platted prior to July 16, 1990, and for which no replatting is required, assessment may occur at any time during the development process.

(3)

For a new development which is submitted for approval or which is proposed for replatting on or after July 16, 1990, pursuant to this chapter, assessment of water and wastewater impact fees shall be at the time of final plat recordation, and shall be the amount of the maximum impact fee per service unit as set forth in schedule 1 then in effect.

(b)

Following assessment of the impact fee pursuant to subsection (a) of this section, the amount of the impact fee assessment per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval or other development application that results in approval of additional service units, in which case a new assessment shall occur at the schedule 1 rate then in effect for such additional service units.

(c)

Approval of an amending plat pursuant to V.T.C.A., Local Government Code § 212.016 and the city's subdivision regulations is not subject to reassessment for an impact fee.

(Code 1982, § 24-58; Ord. No. 90-22, § 2, 7-16-1990; Ord. No. 08-26, § 7(exh. 5), 6-2-2008)