Ord 2002-081 - Laserfiche WebLink

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SECTION 2. The revised impact fee amounts set by this ordinance shall apply in accordance with the assessment criteria described in Section 8 under SECTION 1 of the Impact Fee Update Ordinance, except as follows: A. The amounts of water and wastewater impact fees and the method for calculating service units described in Divisions 4 and 5 of Article 3 of Chapter 86 of the City Code prior to the repeal of those divisions by the Impact Fee Update Ordinance shall be in effect for each new development for which a subdivision master plan was approved and in effect prior to October 5,2002, if the property owner submitted a written request for this exception to the City Manager by November 4,2002 that identified the development and included a calculation of the number of water and wastewater service units needed for the development. Such calculations shall be subject to review and approval by the Director of Water and Wastewater. All approved exceptions shall be confirmed by the City Manager. B. Any such exception shall cease to apply to a development if the approval period for the master plan expires. C. Any such exception shall apply to a master plan during the time of an approved extension of the master plan (subject to D below), and to an amendment to a master plan to the extent the amendment does not increase the number of water or wastewater service units for the development. To the extent an amendment to a master plan or any subsequent development of the property increases the number of water or wastewater services units, the provisions of the Impact Fee Update Ordinance alld this ordinance will be used to determine the amounts of water and wastewater impact fees and the number of service units needed. D. All such exceptions shall expire on December 31, 2007, and developments covered by such exceptions shall thereafter be subject to impact fee amounts and service unit calculations then in effect. SECTION 3. This ordinance is cumulative of all other ordinances of the City, and this ordinance shall not operate to repeal or affect any of such other ordinances except as to provisions that are in conflict with the provisions of this ordinance, in which event the conflicting provisions are hereby superseded. SECTION 4. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 5. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. SECTION 6. The importance of this Ordinance creates an emergency and an imperative public necessity, and the provisions of the Charter requiring that ordinances be presented at three separate meetings, and that ordinances do not take effect until ten days after the date of final passage are suspended, and this Ordinance will take effect upon publication of notice of its adoption in a newspaper of general circulation within the City. 2