§ 38-254. Assessment procedure.

(a)

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

(1)

For a new development subject to a final plat that was recorded pursuant to these subdivision regulations before the effective date of the ordinance from which this subdivision is derived, assessment of impact fees shall occur on the effective date of the ordinance from which this subdivision is derived, and shall be the amount of the maximum impact fee per service unit set forth in schedule 1 attached to the ordinance from which this subdivision is derived.

(2)

For land which is unplatted at the time of application for a building permit, and for which no platting is necessary pursuant to these subdivision regulations prior to development, assessment of roadway impact fees shall occur at the time application is made for the building permit, and shall be the amount of the maximum impact fee per service unit as set forth in schedule 1 (attached to the ordinance from which this article is derived) then in effect.

(3)

For a new development which is submitted for approval pursuant to these subdivision regulations on or after the effective date of the ordinance from which this article is derived, or for which replatting results in an increase in the number of service units after such date, assessment of 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 (attached to the ordinance from which this article is derived) 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)

Following the submittal of any replat that results in an increase in the number of service units, a new assessment must be made in accordance with subsections (a) and (b) of this section.

(d)

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

(Code 1982, § 24-78; Ord. No. 08-21, § 1(24-78), 4-21-2008)