Ord 1999-079 - Laserfiche WebLink

Home Browse Search

F or construction activity involving structures or uses located outside the city limits but connected to the city water system, the impact fee shall be paid in full prior to the issuance of the plumbing permit. No prepayment of an impact fee is allowed except as may be provided in section 86.342. Sec. 86.337. Impact fee for low income persons and families. An impact fee equal to one per cent of the value of improvements to be constructed, as per the building and plumbing permit applications, shall be paid for new improvements on any single-family dwelling unit located in the city and owned by a person or family who qualifies for financial assistance under the rules, regulations or guidelines promulgated by Community Action, Inc., of Hays, Caldwell and Blanco Counties. The person shall present to the director of public wOlks water and wastewater a certificate verifying the person's qualification, which shall be obtained from Community Action, Inc., of Hays, Caldwell and Blanco Counties prior to the application for the permit. Sec. 86.339. New construction. (a) An impact fee is imposed upon all new construction, including additions, remodeling or replacement, occurring within the city or connected to the city water system which requires the issuance of a plumbing or building permit and which places a demand on the water system above the demand in existence at the time of application for the permit, as determined by the director of public wOlks water and wastewater. This fee does not apply to remodeling or additions to existing residential units unless the addition contains additional separate kitchen facilities requiring a plumbing permit, when an impact fee will be assessed in accordance with section 86.336. Any existing capacity in excess of the SU required for any new construction (i.e., additions, remodeling or replacement) on a tract or parcel may be held by the owner for future use on the same tract or parcel for two years from the date of the original SU exchange, at which time the unused portion shall revert to the city. Excess capacity may not be transferred to any other property but will remain only with the property to which it was attached until it is used or the time has expired, whichever comes first. (b) The specific impact fee required to be paid shall be based on the formula contained in section 86.336 and shall be paid in the manner described in section 86.335. Sec. 86.340. Derivation and appeal. (a) When the public t;?Volks water and wastewater director determines that a new structure, remodeling or addition is not included within any category of uses set out in section 86.338, prior to issuance of the plumbing permit, the director of public wOlks water and wastewater shall derive the service units for the proposed use. This derivation shall be made utilizing the average daily water consumption of similar structures or uses for the previous 12-month period. If a similar use or structure does not exist at the time of the request for a plumbing permit, the service units shall be derived as in section 86.341. (b) An applicant may pay an impact fee under protest and appeal the amount of the fee as provided in this section. Upon payment of the impact fee under protest, the building and plumbing permits shall be issued as if no appeal were taken. If upon final hearing and determination of the appealed matter by the city council it is found that the party overpaid, the party will be refunded the amount overpaid. If the party underpaid, the deficiency will be due to the city ten days after final determination and notice of the amount of deficiency. No certificate of occupancy shall be issued until payment of the deficiency. (c) An applicant for a building or plumbing permit or the owner of the property has the right to appeal the amount of an impact fee to the city council, by delivery of written notice at least five working days before the next city council meeting to the city secretary, if the grounds for the appeal are: (1) The use designation ofthe structure pursuant to section 86.336; or -5-