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HomeMy WebLinkAbout2021-4315 - Ordinance - 11/22/2021ORDINANCE NO. 2021-4315 AN ORDINANCE AMENDING CHAPTER 107, “IMPACT FEES,” ARTICLE I “SPECIFIC IMPACT FEES,” AND ARTICLE II, “SYSTEM-WIDE IMPACT FEES,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY: REPEALING ARTICLE I IN ITS ENTIRETY; AMENDING SECTIONS 107-71 “SYSTEM-WIDE IMPACT FEES FOR WATER SERVICES,” 107-72 “SYSTEM-WIDE IMPACT FEES FOR WASTEWATER SERVICES,” AND 107-73 “SYSTEM-WIDE ROADWAY IMPACT FEES” IN THEIR ENTIRETY; ADDING A NEW SECTION 107- 74, “UPDATE OF PLAN AND REVISION OF FEES”; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 107, “Impact Fees,” Article I, “Specific Impact Fees,” and Article II, “System-wide Impact Fees,” of the Code of Ordinances of the City of College Station, Texas, shall hereby be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance will be effective on January 1, 2022. ORDINANCE NO. 2021-4315 Page 2 of 35 PASSED, ADOPTED and APPROVED this 22nd day of November, 2021. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2021-4315 Page 3 of 35 EXHIBIT A That Chapter 107, “Impact Fees,” Article I, “Specific Impact Fees,” is hereby repealed in its entirety. ORDINANCE NO. 2021-4315 Page 4 of 35 That Article II, “System-wide Impact Fees,” Sections 107-71 “System-wide impact fees for water services,” 107-72 “System-wide impact fees for wastewater services,” and 107-73 “System-wide roadway impact fees,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended in its entirety as follows: Sec. 107-71. System-wide impact fee for water services. (a) Purpose. This section is intended to ensure the provision of adequate public facilities to serve new development in an identified service area by requiring each such new development to pay a share of the costs of water improvements necessitated by and attributable to it as set forth herein and in accordance with Texas Local Government Code ch. 395. (b) Authorization. (1) This section is adopted pursuant to Texas Local Government Code ch. 395 and other applicable law. Said Chapter 395 supplements this section to the extent that its provisions may be applicable hereto and, to such extent, its provisions are incorporated herein. The provisions of this section shall not be construed to limit the power of the City to utilize other methods authorized under State law or pursuant to other City powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this section. Guidelines may be developed by ordinance, resolution, or otherwise to implement and administer this section. (2) Impact fees established by this section are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development or subdivision of land, the issuance of building permits, or the sale of water or wastewater taps. (c) Service area. The impact fee service area for this section is established, consisting of land within the City limits and portions of the City's extraterritorial jurisdictio n as shown in the 2021 Water and Wastewater Impact Fee Update Study prepared by Freese and Nichols, Inc., dated November 2021, a portion showing the service area which is attached hereto as Exhibit E, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office along with a copy of the entire Study. (d) Land use assumptions. The land use assumptions for the impact fee imposed under this section upon which the Capital Improvements Plan for water facilities are based are as set forth in the 2021 Water and Wastewater Impact Fee Update Study prepared by Freese and Nichols, Inc., dated November 2021, a portion showing the land use assumptions which is attached hereto as Exhibits F-1 and F-2, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office. (e) Capital Improvements Plan. The Capital Improvements Plan for this section identifying capital improvements for the provision of water services in the service area is as set forth in the 2021 Water and Wastewater Impact Fee Update Study prepared by Freese and Nichols, Inc., dated November 2021, a portion showing the Capital Improvements Plan which is attached hereto as Exhibits G-1 and G-2, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office. ORDINANCE NO. 2021-4315 Page 5 of 35 (f) Service unit. Service units used to determine the amount of impact fees under this section shall be expressed in terms of land use equivalents (LUEs) with one LUE representing one typical water meter for one single-family residence receiving water service. (g) Impact fee. In accordance with this section and based upon the land use assumptions and Capital Improvements Plan herein, the maximum assessable impact fee per service unit for water services is as set forth in Exhibits H-1 and H-2, attached hereto, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office. The maximum assessable impact fee per service unit for water services will be assessed in accordance with applicable state law and at the time set out below. No action is required by the City. In accordance with this section and based upon the land use assumptions and Capital Improvements Plan herein, there is hereby imposed a collection rate for system-wide water services impact fee per service unit as set forth in Exhibit I, attached hereto, incorporated herein for all purposes and a copy of which shall be made avai lable to view at the City Secretary’s Office. This system-wide water services impact fee per service unit as set out in Exhibit I will be collected in accordance with applicable state law. However, t he City may vary the rates of the system-wide water services impact fee per service unit to be collected, as set out in Section 107-74, to reasonably further goals and policies affecting the adequacy of water facilities serving new development or for other regulatory purposes affecting type, quality, intensity, economic development potential, or development timing of land uses. The system-wide water services impact fee per service unit to be paid and collected shall be the amount listed in Exhibit I then in effect at the time of collection. (h) Assessment and collection. Assessment and collection of the impact fees established under this section shall be as set forth herein and in accordance with applicable State law, and with assessment to occur at the time the final plat is recorded when platting is required. If platting is not required, assessment shall occur at the earliest time allowed by law or by agreement as allowed by law. (i) Accounting. Funds collected through the adoption of the impact fees set forth in this section shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee is adopted. (j) Certification. The City Council certifies that none of the impact fee under this section will be used or expended for an improvement or expansion not identified in the Capital Improvements Plan. (k) Impact fee waivers or reductions for housing affordability. System-wide impact fees for water services may be waived or reduced for the purpose of promoting affordability in housing in accordance with state law and pursuant to administrative guidelines promulgated by the City which may be amended from time to time. ORDINANCE NO. 2021-4315 Page 6 of 35 Exhibit E: Service Area for System-Wide Water Services ORDINANCE NO. 2021-4315 Page 7 of 35 Exhibit F-1: Land Use Assumptions for System-Wide Water Services ORDINANCE NO. 2021-4315 Page 8 of 35 Exhibit F-2: Growth in LUEs for System-Wide Water Services Table 2-2: Water and Wastewater Impact Fee Service Area LUEs Year(1) Water LUEs Wastewater LUEs 2021 55,780 58,423 2031 69,824 71,328 Growth in LUEs 14,044 12,905 (1) 2021 LUEs estimated based on water meter billing data and meters identified as water only or sewer only meters. ORDINANCE NO. 2021-4315 Page 9 of 35 Exhibit G-1: Capital Improvements Plan for System-Wide Water Services Table 3-3: Impact Fee Eligible Water System Capital Projects Project Type Impact Fee Eligible CIP No. Description of Project(1) Total Capital Cost (2021 Dollars) Recently Completed Projects A High Service Pumping Improvements $ 3,597,227 B BioCorridor Water Line $ 998,884 C Area 2 Water Line Extension $ 1,000,000 D Cooling Tower Expansion $ 3,795,667 E Well No. 10 Land Acquisition $ 1,048,633 F Well No. 9 and Collection Line $ 7,623,202 G Midtown Drive 12-inch Water Line $ 920,000 H The Crossing at Lick Creek Phase 1 - 3 Oversize Participation $ 45,233 I Embassy Suites Water Line Oversize Participation $ 15,030 J Brazos Valley Auto Complex Oversize Participation $ 84,791 K Castlegate II Oversize Participation $ 50,871 L Greens Prairie Oversize Participation $ 96,498 M Summit Crossing Phase 3A Oversize Participation $ 32,550 N SH 6 Water Line Phase 1 and 2 $ 1,036,568 Recently Completed Project Subtotal $ 20,345,154 Ongoing Projects O SH 6 Water Line Phase 3 $ 3,050,000 P 3.0 MG Elevated Storage Tank and Pressure Reducing Valves $ 8,690,000 Q SH 40 Water Line Phase 1 and 2 $ 4,200,000 R 2021 Impact Fee Study $ 150,000 Ongoing Project Subtotal $ 16,090,000 Proposed Projects 1 New and Replacement 12-inch Rock Prairie Road Water Line $ 2,289,500 2 New 18-Inch Midtown Business Center Water Line $ 2,796,400 3 BioCorridor Water Line Improvements $ 2,741,200 4 Water Supply Well No. 10 $ 19,223,900 5 Harvey Mitchel Parkway Water Line Replacement $ 4,236,400 Proposed Future Project Subtotal $ 31,287,400 Total Impact Fee Eligible Water Capital Improvements Cost $67,722,554 (1) Oversize participation projects include only the portion of costs paid for by the City. ORDINANCE NO. 2021-4315 Page 10 of 35 Exhibit G-2: Map of Capital Improvements Plan for System-Wide Water Services ORDINANCE NO. 2021-4315 Page 11 of 35 Exhibit H-1: Maximum Assessable Impact Fee Per Service Unit for Water Services Table: 4-3: Water Impact Fee Calculation Water Impact Fee Total Eligible Capital Improvement Costs $43,760,813 Total Eligible Financing Costs $12,663,228 Rate Credit ($1,966,603) Total Impact Fee Eligible Cost(1) $54,457,437 10-Year Growth in Water LUEs 14,044 Maximum Allowable Water Impact Fee per LUE(2) $3,877 (1) Total eligible capital and financing costs minus the rate credit (2) Total eligible costs divided by the growth in LUEs ORDINANCE NO. 2021-4315 Page 12 of 35 Exhibit H-2: Maximum Assessable Impact Fee Per Meter for Water Services Water - Maximum Assessable Fee Per Meter Water Meter Size Final Plat Recorded Prior to 01/01/22 Final Plat Recorded On or After 01/01/22 5/8"x3/4" $2,917 $3,877 1" $4,959 $12,923 1-1/2" $31,212 $41,354 2" $31,212 $41,354 3" $77,884 $103,386 4" $155,476 $206,773 6" $311,244 $413,546 8" $525,060 $697,860 10" $777,964 $1,033,866 Exhibit I: Collection Rate Imposed Per Service Unit for System-Wide Water Services Water Meter Size Water Impact Fee Per Meter Building Permit On or After 12/1/2017 5/8"x3/4" $500 1" $850 1-1/2" $5,350 2" $5,350 3" $13,350 4" $26,650 6" $53,350 8" $90,000 10" $133,350 ORDINANCE NO. 2021-4315 Page 13 of 35 Sec. 107-72. System-wide impact fees for wastewater services. (a) Purpose. This section is intended to ensure the provision of adequate public facilities to serve new development in an identified service area by requiring each such new development to pay a share of the costs of wastewater collection and treatment improvements necessitated by and attributable to it as set forth herein and in accordance with Texas Local Government Code ch. 395. (b) Authorization. (1) This section is adopted pursuant to Texas Local Government Code ch. 395 and other applicable law. Said Chapter 395 supplements this section to the extent that its provisions may be applicable hereto and, to such extent, its provisions are incorporated herein. The provisions of this section shall not be construed to limit the power of the City to utilize other methods authorized under State law or pursuant to other City powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this section. Guidelines may be developed by ordinance, resolution, or otherwise to implement and administer this section. (2) Impact fees established by this section are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development or subdivision of land, the issuance of building permits, or the sale of water or wastewater taps. (c) Service area. The impact fee service area for this section is established, consisting of land within the City limits and portions of the City's extraterritorial jurisdiction as depicted in the 2021 Water and Wastewater Impact Fee Update Study prepared by Freese and Nichols, Inc., dated November 2021, a portion showing the service area which is attached hereto as Exhibit J, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office along with a copy of the entire Study. (d) Land use assumptions. The land use assumptions for the impact fee imposed under this section upon which the Capital Improvements Plan for wastewater facilities are based are set forth in the 2021 Water and Wastewater Impact Fee Update Study prepared by Freese and Nichols, Inc., dated November 2021, a portion showing the land use assumptions which is attached hereto as Exhibits K-1 and K-2, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office. (e) Capital improvements plan. The Capital Improvements Plan for this section identifying capital improvements for the provision of wastewater services in the service area is as set forth in the 2021 Water and Wastewater Impact Fee Update Study prepared by Freese and Nichols, Inc., dated November 2021, a portion showing the Capital Improvements Plan which is attached hereto as Exhibits L-1 and L-2, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office. (f) Service units. Service units used to determine the amount of impact fees under this section shall be expressed in terms of land use equivalents (LUEs) with one LUE representing one typical water meter for one single-family residence receiving wastewater services. (g) Impact fee. In accordance with this section and based upon the land use assumptions and Capital Improvements Plan above, the maximum assessable impact fee per service unit for ORDINANCE NO. 2021-4315 Page 14 of 35 wastewater collection and treatment services is as set forth in Exhibits M-1 and M-2, attached hereto, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office. The maximum assessable impact fee per service unit for wastewater collection and treatment services will be assessed in accordance with applicable state law and at the time set out below. No action is required by the City. In accordance with this section and based upon the land use assumptions and Capital Improvements Plan above, there is hereby imposed a collection rate for system-wide wastewater collection and treatment impact fee per service unit as set forth in Exhibit N, attached hereto, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary’s Office. This system-wide wastewater collection and treatment services impact fee per service unit as set out in Exhibit N will be collected in accordance with applicable state law. However, the City may vary the rates of system-wide wastewater collection and treatment services impact fee per service unit to be collected, as set out in Section 107-74, to reasonably further goals and policies affecting the adequacy of wastewater collection and treatment facilities serving new development or for other regulatory purposes affecting type, quality, intensity, economic development potential, or development timing of land uses. The system-wide wastewater collection and treatment services impact fee per service unit to be paid and collected shall be the amount listed in Exhibit N then in effect at the time of collection. (h) Assessment and collection. Assessment and collection of the impact fees established under this section shall be as set forth herein and in accordance with applicable St ate law, and with assessment to occur at the time the final plat is recorded when platting is required. If platting is not required, assessment shall occur at the earliest time allowed by law or by agreement as allowed by law. (i) Accounting. Funds collected through the adoption of the impact fees set forth in this section shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee is adopted. (j) Certification. The City Council certifies that none of the impact fees under this section will be used or expended for an improvement or expansion not identified in the Capital Improvements Plan. (k) Impact fee waivers or reductions for housing affordability. System-wide impact fees for wastewater collection and treatment services may be waived or reduced for the purpose of promoting affordability in housing in accordance with state law and pursuant to administrative guidelines promulgated by the City which may be amended from time to time. ORDINANCE NO. 2021-4315 Page 15 of 35 Exhibit J: Service Area for System-Wide Wastewater Collection and Treatment Services ORDINANCE NO. 2021-4315 Page 16 of 35 Exhibit K-1: Land Use Assumption for System-Wide Wastewater Collection and Treatment Services ORDINANCE NO. 2021-4315 Page 17 of 35 Exhibit K-2: Growth in LUEs for System-Wide Wastewater Collection and Treatment Services Table 2-2: Water and Wastewater Impact Fee Service Area LUEs Year(1) Water LUEs Wastewater LUEs 2021 55,780 58,423 2031 69,824 71,328 Growth in LUEs 14,044 12,905 (1) 2021 LUEs estimated based on water meter billing data and meters identified as water only or sewer only meters. ORDINANCE NO. 2021-4315 Page 18 of 35 Exhibit L-1: Capital Improvements Plan for System-Wide Wastewater Collection and Treatment Services Table 3-4: Impact Fee Eligible Wastewater System Capital Projects Project Type Impact Fee Eligible CIP No. Description of Project(1) Total Capital Cost (2021 Dollars) Recently Completed Projects A Royder/Live Oak Sewer Service $ 1,691,256 B Bee Creek Interceptor Phase 1 and 2 $ 8,472,421 C Lick Creek Trunk Line $ 14,020,058 D Medical District Trunk Line Phase 1 (Participation Agreement) $ 1,770,375 E Northeast Trunk Line Phase 1 and 2 $ 6,558,738 F Southwood Valley Trunk Line Phase 1 $ 1,518,488 G 18-Inch Harvey Road Gravity Line $ 188,790 H Creek Meadows Lift Station Upsizing and Force Main $ 212,587 I Nagle Street Student Housing Oversize Participation $ 26,854 Recently Completed Project Subtotal $ 34,459,567 Ongoing Projects J Bee Creek Interceptor Phase 3 $ 3,900,000 K Medical District Trunk Line Phase 2 and 3 $ 3,250,000 L Northeast Trunk Line Phase 3 and 4 $ 13,861,000 M Carters Creek Diversion Lift Station Phase 1 $ 13,900,000 N Lick Creek WWTP Phase 1 Expansion $ 39,014,049 O 2021 Impact Fee Update $ 174,150 Ongoing Project Subtotal $ 74,099,199 Proposed Projects 1 15/18/24/30/36-inch Southwood Valley Interceptor Phase 2 $ 7,314,800 2 18/21/24-Inch Bee Creek Trunk Line Phase 4 $ 5,357,800 3 18/21-Inch Alum Creek Sewer Trunk Line $ 11,136,600 4 8-Inch Creek Meadows Force Main Re-Routed to Alum Creek Trunk Line $ 2,517,900 5 Lick Creek WWTP Phase 2 Expansion (to 8.0 MGD) $ 49,946,000 6 21/24-Inch Harvey Road Replacement Gravity Line $ 4,916,300 Proposed Project Subtotal $ 81,189,400 Total Impact Fee Eligible Wastewater Capital Improvements Cost $ 189,748,166 (1) Oversize participation projects include only the portion of costs paid for by the City. ORDINANCE NO. 2021-4315 Page 19 of 35 Exhibit L-2: Map of Capital Improvements Plan for System-Wide Wastewater Collection and Treatment Services ORDINANCE NO. 2021-4315 Page 20 of 35 Exhibit M-1: Maximum Assessable Impact Fee Per Service Unit for Wastewater Collection and Treatment Services Table 4-4: Wastewater Impact Fee Calculation Wastewater Impact Fee Total Eligible Capital Improvement Costs $65,290,309 Total Eligible Financing Costs $9,135,832 Rate Credit ($2,507,952) Total Eligible Impact Fee Cost(1) $71,918,188 10-Year Growth in Wastewater LUEs 12,905 Maximum Allowable Wastewater Impact Fee per LUE(2) $5,572 (1) Total eligible capital and financing costs minus the rate credit (2) Total eligible costs divided by the growth in LUEs Exhibit M-2: Maximum Assessable Impact Fee Per Meter for Wastewater Services Wastewater - Maximum Assessable Fee Per Meter Water Meter Size Final Plats Recorded Prior to 01/01/22 Final Plats Recorded On or After 01/01/22 5/8"x3/4" $5,519 $5,572 1" $9,382 $18,573 1-1/2" $59,053 $59,434 2" $59,053 $59,434 3" $147,357 $148,586 4" $294,163 $297,173 6" $588,877 $594,346 8" $993,420 $1,002,960 10" $1,471,917 $1,485,866 ORDINANCE NO. 2021-4315 Page 21 of 35 Exhibit N: Collection Rate Per Service Unit for System-Wide Wastewater Collection and Treatment Services Water Meter Size Wastewater Impact Fee per meter Building Permit On or After 12/1/2017 5/8"x3/4" $3,000 1” $5,100 1-1/2" $16,050 2” $16,050 3” $40,050 4” $79,950 6” $160,050 8” $270,000 10” $400,050 ORDINANCE NO. 2021-4315 Page 22 of 35 Sec. 107-73. System-wide roadway impact fees. (a) Purpose. This section is intended to ensure the provision of adequate public facilities to serve new development in an identified service area by requiring each such development to pay its pro rata share of the costs of roadway improvements necessitated by and attributable to such new development as set forth herein and consistent with Texas Local Government Code ch. 395. (b) Authorization. (1) This section is adopted pursuant to Texas Local Government Code ch. 395 and other applicable law. Chapter 395 supplements this section to the extent that its provisions may be applicable hereto and, to such extent, its provisions are incorporated herein by reference. The provisions of this section shall not be construed to limit the power of the City to utilize other methods authorized under State law or pursuant to other City powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this section. Guidelines may be developed by ordinance, resolution, or otherwise to implement and administer this section. (2) Impact fees established by this section are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development or subdivision of land or the issuance of building permits. (c) Service area. There are four roadway service areas established for this section, consisting of land within the City limits as shown in the Roadway Impact Fee Update prepared by Kimley Horn, dated November 2021, and which is attached hereto as Exhibit O, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office along with a copy of the entire Study. (d) Land use assumptions. The land use assumptions for the impact fee imposed under this section upon which the Capital Improvements Plan for roadway facilities are based are as set forth in the Roadway Impact Fee Update prepared by Kimley Horn, dated November 2021, and which is attached hereto as Exhibits P-1 and P-2, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office along with a copy of the entire Study. (e) Capital Improvements Plan. The Capital Improvements Plan for this section identifying capital improvements for the provision of roadway services in the four service areas is as set forth in the Roadway Impact Fee Update prepared by Kimley Horn, dated November 2021, and which is attached hereto as Exhibit Q, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office along with a copy of the entire Study. (f) Service units. Service units used to determine the amount of impact fees under this section shall be expressed in terms of vehicle-mile which shall be the capacity consumed in a single lane in the p.m. peak hour by a vehicle making a trip one mile in length and as further described in the Roadway Impact Fee Update prepared by Kimley Horn, dated November 2021, a copy of which shall be made available to view at the City Secretary's Office. (g) Impact fee. In accordance with this section and based upon the land use assumptions and Capital Improvements Plan herein, calculations and other information presented in the study ORDINANCE NO. 2021-4315 Page 23 of 35 prepared by Kimley Horn, the maximum assessable impact fee per service unit for each service area for roadway impact fees shall be as set forth in Exhibit R, attached hereto, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary's Office. The maximum assessable impact fee per service unit for each service area for roadway impact fees will be assessed in accordance with applicable state law and at the time set out below. No action is required by the City. In accordance with this section and based upon the land use assumptions and Capital Improvements Plan herein, there is hereby imposed a roadway impact fee collection rate per service unit for each service area for roadway impact fees as set forth in Exhibit S, attached hereto, incorporated herein for all purposes and a copy of which shall be made available to view at the City Secretary’s Office. This roadway impact fee per service unit for each service area as set out in Exhibit S will be collected in accordance with applicable state law. However, the City may vary the rates of roadway impact fee per service unit for each service area to be collected, as set out in Section 107-74, to reasonably further goals and policies affecting the adequacy of roadway facilities serving new development or for other regulatory purposes affecting type, quality, intensity, economic development potential, or development timing of land uses. The roadway impact fee per service unit for each service area to be paid and collected shall be the amount listed in Exhibit S then in effect at the time of collection. (h) Assessment and collection. Assessment and collection of the impact fees established under this section shall be as set forth herein and in accordance with applicable State law. Assessment shall occur at the time the final plat is recorded when platting is required. If platting is not required, assessment shall occur at the earliest time allowed by law or by agreement as allowed by law. (i) Credits. The City may credit the contribution of land, construction of improvements or funding for construction of any capital improvement that is a part of the Capital Improvements Plan adopted under this section or that otherwise affects it and that is required or agreed to by the City, pursuant to rules established in this section or pursuant to administrative guidelines promulgated by the City which may be amended from time to time. In determining such credit, the maximum impact fee set forth in Exhibit R may be used to assist in approximating and determining the appropriate roadway contributions related to new development. It is expressly declared that where the roadway impact fee collected is less than the maximum, same shall not automatically create a credit equal to the maximum impact fee, nor automatically create an exception to other applicable rules and regulations. (j) Accounting. Funds collected through the adoption of the impact fees set forth in this section shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the service area for which the fee is adopted. (k) Certification. The City Council certifies that none of the impact fees under this section will be used or expended for an improvement or expansion not identified in the Capital Improvements Plan. (l) Impact fee waivers or reductions for housing af fordability. Roadway impact fees may be waived or reduced for the purpose of promoting affordability in housing in accordance with state law and pursuant to administrative guidelines promulgated by the City which may be amended from time to time. ORDINANCE NO. 2021-4315 Page 24 of 35 Exhibit O: Service Areas for City-Wide Roadway Impact Fees ORDINANCE NO. 2021-4315 Page 25 of 35 Exhibit P-1: Land Use Assumptions for City-Wide Roadway Impact Fees Table 1. Residential and Nonresidential/Employment 10 -Year Projections Residential Nonresidential/Employment Service Area Single Family Multi-Family Basic Service Retail Dwelling Units Square Feet A 410 2,038 - 1,174,000 1,480,000 B 429 1,937 350,000 1,063,000 953,000 C 1,824 127 - 506,000 469,000 D 693 751 984,000 1,089,000 895,000 Sub-Total 3,356 4,853 1,334,000 3,832,000 3,797,000 Total 8,209 8,963,000 Exhibit P-2: Growth in Vehicle Miles for System-Wide Roadway Impact Fees Roadway Service Area Vehicle Miles of Demand Generated A 18,125 B 15,945 C 12,076 D 16,625 ORDINANCE NO. 2021-4315 Page 26 of 35 Exhibit Q: Capital Improvement Plans for City-Wide Roadway Impact Fees Service AreaProj. #ClassRoadwayLimitsLength (mi)% In Service AreaTotal Project CostCost in Service AreaA-14 LANE MINOR ARTERIALGEORGE BUSH DRIVE EDOMINIK DRIVE TO HARVEY ROAD0.29100%2,409,500$ 2,409,500$ A-22 LANE MAJOR COLLECTORLASSIE LANESTERLING STREET TO MANUEL DRIVE0.06100%860,066$ 860,066$ A-32 LANE MAJOR COLLECTORDARTMOUTH STREET720' S OF HARVEY MITCHELL PARKWAY S TO TEXAS AVENUE S0.42100%2,423,520$ 2,423,520$ A-44 LANE MAJOR ARTERIAL - TxDOTHARVEY ROADSH 6 NBFR TO BOONVILLE ROAD2.29100%2,509,696$ 2,509,696$ A-5, D-14 LANE MAJOR ARTERIALROCK PRAIRIE ROADSH 6 NBFR TO STONEBROOK DRIVE0.4150%2,164,000$ 1,082,000$ A-6, D-24 LANE MAJOR ARTERIALROCK PRAIRIE ROADSTONEBROOK DRIVE TO TOWN LAKE DRIVE0.5950%5,136,000$ 2,568,000$ A-7, D-84 LANE MAJOR ARTERIALBIRD POND ROADROCK PRAIRIE ROAD TO 1055' E OF ROCK PRAIRIE ROAD0.2050%1,758,000$ 879,000$ 1UNIVERSITY DRIVE E AND UNIVERSITY TOWNE CENTER SIGNAL100%400,000$ 400,000$ 2HARVEY MITCHELL PARKWAY S AND DARTMOUTH STREET100%566,992$ 566,992$ 3TEXAS AVENUE S AND BROTHERS BOULEVARD50%397,476$ 198,738$ 12,731,782$ 1,165,730$ 17,500$ 13,915,012$ AService Area Project Roadway Cost SubtotalService Area Project Intersection Cost Subtotal2021 Roadway Impact Fee Study Cost Per Service AreaTotal Cost in SERVICE AREA A10-Year Roadway Impact Fee Capital Improvements Plan—Service Area A Note: The 10-Year Roadway Impact Fee CIP is not in a prioritized order. These are planning level cost projections. ORDINANCE NO. 2021-4315 Page 27 of 35 ORDINANCE NO. 2021-4315 Page 28 of 35 Service AreaProj. #ClassRoadwayLimitsLength (mi)% In Service AreaTotal Project CostCost in Service AreaB-14 LANE MINOR ARTERIALF & B ROAD160' E OF TURKEY CREEK ROAD TO HARVEY MITCHELL PARKWAY S0.49100%4,106,520$ 4,106,520$ B-24 LANE MINOR ARTERIAL (1/2)LUTHER STREET WHARVEY MITCHELL PARKWAY TO JONES BUTLER ROAD0.68100%2,903,600$ 2,903,600$ B-3, C-14 LANE MINOR ARTERIALROCK PRAIRIE ROAD WEST715' W OF TOWERS PARKWAY TO WELLBORN ROAD0.6350%4,659,868$ 2,329,934$ B-4, C-26 LANE MAJOR ARTERIALROCK PRAIRIE ROADNORMAND DRIVE TO SH 60.4850%4,017,530$ 2,008,765$ B-52 LANE MAJOR COLLECTORTURKEY CREEK ROAD2775' N OF RAYMOND STOTZER PARKWAY WBFR TO RAYMOND STOTZER PARKWAY WBFR0.53100%3,278,140$ 3,278,140$ B-66 LANE MAJOR ARTERIAL - TxDOTHARVEY MITCHELL PARKWAY SRAYMOND STOTZER PARKWAY TO WELLBORN ROAD2.62100%1,407,527$ 1,407,527$ B-74 LANE MINOR ARTERIALPENBERTHY ROADGEORGE BUSH DRIVE TO LUTHER STREET W0.4100%3,080,683$ 3,080,683$ B-86 LANE MAJOR ARTERIAL - TxDOTWELLBORN ROADGEORGE BUSH DRIVE TO 940' N OF HARVEY MITCHELL PARKWAY S1.23100%1,486,464$ 1,486,464$ B-92 LANE MAJOR COLLECTORJONES BUTLER ROADHARVEY MITCHELL PARKWAY S TO HOLLEMAN DRIVE S0.22100%9,652,780$ 9,652,780$ B-104 LANE MINOR ARTERIALHOLLEMAN DRIVE SN DOWLING ROAD TO 290' S OF ROCK PRAIRIE ROAD W1.62100%10,631,012$ 10,631,012$ 3TEXAS AVENUE S AND BROTHERS BOULEVARD50%397,476$ 198,738$ 4WELLBORN ROAD AND GEORGE BUSH DRIVE100%1,190,232$ 1,190,232$ 5WELLBORN ROAD AND HOLLEMAN DRIVE100%644,445$ 644,445$ 6WELLBORN ROAD AND DEACON DRIVE100%4,532,013$ 4,532,013$ 7HOLLEMAN DRIVE W AND JONES BUTLER ROAD100%572,000$ 572,000$ 8LONGMIRE DRIVE AND PONDEROSA DRIVE100%350,000$ 350,000$ 40,885,425$ 7,487,428$ 17,500$ 48,390,353$ BService Area Project Roadway Cost SubtotalService Area Project Intersection Cost Subtotal2021 Roadway Impact Fee Study Cost Per Service AreaTotal Cost in SERVICE AREA B10-Year Roadway Impact Fee Capital Improvements Plan—Service Area B Note: The 10-Year Roadway Impact Fee CIP is not in a prioritized order. These are planning level cost projections. ORDINANCE NO. 2021-4315 Page 29 of 35 ORDINANCE NO. 2021-4315 Page 30 of 35 Service AreaProj. #ClassRoadwayLimitsLength (mi)% In Service AreaTotal Project CostCost in Service AreaB-3, C-14 LANE MINOR ARTERIALROCK PRAIRIE ROAD WEST715' W OF TOWERS PARKWAY TO WELLBORN ROAD0.6350%4,659,868$ 2,329,934$ B-4, C-26 LANE MAJOR ARTERIALROCK PRAIRIE ROADNORMAND DRIVE TO SH 60.4850%4,017,530$ 2,008,765$ C-34 LANE MINOR ARTERIALBARRON ROADWS PHILLIPS PARKWAY TO DECATUR DRIVE1.39100%5,795,317$ 5,795,317$ C-44 LANE MINOR ARTERIALCAPSTONE DRIVE1265' W OF WELLBORN ROAD TO WELLBORN ROAD0.24100%2,765,575$ 2,765,575$ C-54 LANE MINOR ARTERIALBARRON ROADWELLBORN ROAD TO WS PHILLIPS PARKWAY0.49100%4,712,977$ 4,712,977$ C-64 LANE MINOR ARTERIALGREENS PRAIRIE ROAD820' W OF WS PHILLIPS PARKWAY TO ARRINGTON ROAD1.43100%10,550,324$ 10,550,324$ C-74 LANE MINOR ARTERIALGREENS PRAIRIE ROADWELLBORN ROAD TO 1290' E OF CREEK MEADOW BOULEVARD N1.27100%8,918,740$ 8,918,740$ C-84 LANE MAJOR ARTERIALTOWERS PARKWAYROCK PRAIRIE ROAD W TO WELLBORN ROAD1.00100%10,030,680$ 10,030,680$ C-94 LANE MAJOR ARTERIAL - TxDOTWELLBORN ROADCAPSTONE DRIVE TO 540' S OF GREENS PRAIRIE ROAD2.36100%2,407,328$ 2,407,328$ C-104 LANE MINOR ARTERIAL (1/2)WS PHILLIPS PARKWAYBARRON ROAD TO GREENS PRAIRIE ROAD1.31100%5,844,160$ 5,844,160$ C-114 LANE MINOR ARTERIAL (50%)WS PHILLIPS PARKWAYGREENS PRAIRIE ROAD TO ARRINGTON ROAD1.55100%7,311,480$ 7,311,480$ C-124 LANE MINOR ARTERIAL (50%)ROYDER ROAD EXTENSIONI-GN ROAD TO WELLBORN ROAD0.22100%3,360,000$ 3,360,000$ C-134 LANE MINOR ARTERIALROYDER ROADWELLBORN ROAD TO 885' S OF GREENS PRAIRIE ROAD1.03100%7,686,614$ 7,686,614$ C-142 LANE MAJOR COLLECTORVICTORIA AVENUESOUTHERN PLANTATION DRIVE TO WILLIAM D. FITCH PARKWAY0.48100%1,973,927$ 1,973,927$ 9GRAHAM ROAD AND VICTORIA AVENUE0.00100%350,000$ 350,000$ 10BARRON ROAD AND ALEXANDRIA AVENUE0.00100%320,994$ 320,994$ 11BARRON ROAD AND DECATUR DRIVE0.00100%350,000$ 350,000$ 12BARRON ROAD AND LONGMIRE DRIVE0.00100%350,000$ 350,000$ 13LONGMIRE DRIVE AND EAGLE AVENUE0.00100%350,000$ 350,000$ 14WILLIAM D. FITCH PARKWAY AND VICTORIA AVENUE SIGNAL0.00100%816,249$ 816,249$ 75,695,821$ 2,537,243$ 17,500$ 78,250,564$ Total Cost in SERVICE AREA CCService Area Project Roadway Cost SubtotalService Area Project Intersection Cost Subtotal2021 Roadway Impact Fee Study Cost Per Service Area10-Year Roadway Impact Fee Capital Improvements Plan—Service Area C Note: The 10-Year Roadway Impact Fee CIP is not in a prioritized order. These are planning level cost projections. ORDINANCE NO. 2021-4315 Page 31 of 35 ORDINANCE NO. 2021-4315 Page 32 of 35 Service AreaProj. #ClassRoadwayLimitsLength (mi)% In Service AreaTotal Project CostCost in Service AreaA-5, D-14 LANE MAJOR ARTERIAL (1/2)ROCK PRAIRIE ROADSH 6 NBFR TO STONEBROOK DRIVE0.4150%2,164,000$ 1,082,000$ A-6, D-24 LANE MAJOR ARTERIALROCK PRAIRIE ROADSTONEBROOK DRIVE TO TOWN LAKE DRIVE0.5950%5,136,000$ 2,568,000$ D-34 LANE MAJOR ARTERIALROCK PRAIRIE ROADTOWN LAKE DRIVE TO WILLIAM D. FITCH PARKWAY1.89100%17,245,000$ 17,245,000$ D-44 LANE MINOR ARTERIALMIDTOWN DRIVEMEDICAL AVENUE TO 990' E OF MEDICAL AVENUE0.19100%1,028,820$ 1,028,820$ D-54 LANE MINOR ARTERIAL (1/2)MIDTOWN DRIVE990' E OF MEDICAL AVENUE TO 800' S OF TOWN LAKE DRIVE0.43100%4,535,000$ 4,535,000$ D-62 LANE MAJOR COLLECTORMIDTOWN DRIVE800' S OF TOWN LAKE DRIVE TO 2605' S OF CORPORATE PARKWAY0.98100%5,374,808$ 5,374,808$ D-72 LANE MAJOR COLLECTORDURHAM DRIVEMIDTOWN DRIVE TO ROCK PRAIRIE ROAD0.4100%981,960$ 981,960$ A-7, D-84 LANE MAJOR ARTERIALBIRD POND ROADROCK PRAIRIE ROAD TO 1055' E OF ROCK PRAIRIE ROAD0.250%1,758,000$ 879,000$ D-94 LANE MINOR ARTERIAL (50%)TOWN LAKE DRIVESH 6 NBFR TO MIDTOWN DRIVE0.37100%1,753,000$ 1,753,000$ D-102 LANE MAJOR COLLECTORCORPORATE PARKWAYSH 6 NBFR TO MIDTOWN DRIVE0.26100%1,436,192$ 1,436,192$ D-112 LANE MAJOR COLLECTORCORPORATE PARKWAYMIDTOWN DRIVE TO WILLIAM D. FITCH PARKWAY1.21100%9,894,000$ 9,894,000$ D-124 LANE MINOR ARTERIAL (1/2)PEBBLE CREEK PARKWAYROYAL ADELADE DRIVE TO ST ANDREWS DRIVE0.38100%2,137,000$ 2,137,000$ D-134 LANE MINOR ARTERIAL (50%)PEBBLE CREEK PARKWAYST ANDREWS DRIVE TO 275' S OF LONE STAR LANE1.96100%9,181,000$ 9,181,000$ D-142 LANE MAJOR COLLECTORLAKEWAY DRIVE1645' S OF GATEWAY BOULEVARD TO SH 6 NBFR1.02100%2,635,080$ 2,635,080$ D-152 LANE MAJOR COLLECTORMATHER PARKWAYNANTUCKET DRIVE TO 1920' S OF NANTUCKET DRIVE0.36100%882,000$ 882,000$ D-164 LANE MINOR ARTERIAL (50%)NANTUCKET DRIVESH 6 NBFR TO PEBBLE CREEK PARKWAY1.22100%5,877,000$ 5,877,000$ D-172 LANE MAJOR COLLECTORNANTUCKET DRIVEPEBBLE CREEK PARKWAY TO SOUTHERN POINTE PARKWAY1.2100%3,083,220$ 3,083,220$ D-184 LANE MINOR ARTERIAL (50%)SOUTHERN POINTE PARKWAY205' W OF PIPELINE ROAD TO 280' E OF NANTUCKET DRIVE0.87100%3,902,000$ 3,902,000$ 74,475,080$ -$ 17,500$ 74,492,580$ DService Area Project Roadway Cost SubtotalService Area Project Intersection Cost Subtotal2021 Roadway Impact Fee Study Cost Per Service AreaTotal Cost in SERVICE AREA D10-Year Roadway Impact Fee Capital Improvements Plan—Service Area D Note: The 10-Year Roadway Impact Fee CIP is not in a prioritized order. These are planning level cost projections. ORDINANCE NO. 2021-4315 Page 33 of 35 ORDINANCE NO. 2021-4315 Page 34 of 35 Exhibit R: Maximum Fee Per Service Unit for Roadway Impact Fees Service Areas Maximum Assessable Roadway Impact Fee Per Service Unit Final Plat Recorded Prior to 01/01/2022 Final Plat Recorded On or After 01/01/2022 Service Area A $ 1,061 $ 499 Service Area B $ 1,072 $ 1,261 Service Area C $ 2,556 $ 2,127 Service Area D $ 4,004 $ 3,452 Exhibit S: Collection Rate Per Service Unit for Roadway Impact Fees Date of building permit application On or After 12/1/2018 Service Areas Land Use Type Residential Non-Residential A $375.00 $80.00 B $375.00 $80.00 C $375.00 $80.00 D $375.00 $80.00 ORDINANCE NO. 2021-4315 Page 35 of 35 That Chapter 107, “Impact Fees,” Article II, “System-wide Impact Fees,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to add Section 107-74, “Update of Plan and Revision of Fees” as follows: Sec. 107-74 - Update of plan and revision of fees. (a) The City shall update its land use assumpti ons and capital improvements plans at least every five (5) years, commencing approximately from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Chapter 395 of the Texas Local Government Code, or in any successor statute. (b) The City may review its land use assumpti ons, impact fees, capital improvements plans and other factors such as market conditions more frequently than provided in subsection (a) to determi ne whether the land use assumpti ons and capital improvements plans should be updated and the impact fee recalculated accordingly, or whether the maximum allowable or assessable impact fees as set out in Exhibits H-1 and H-2, M-1 and M-2, or R herein, or the imposed impact fees or collection rates set out in Exhibits I, N, or S herein should be changed. Imposed impact fees or collection rates may be amended without revising land use assumptions and capital improvements plans at any time prior to the update provided for in subsection (a), provided that the impact fees to be collected do not exceed the maximum allowable or assessable impact fees assessed. (c) If, at the time an update is required pursuant to subsecti on (a), the City Council determines that no change to the land use assumpti ons, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in Texas Local Government Code § 395.0575. (d) The City may amend by resolution the imposed impact fees or collection rates set out in Exhibits I, N, or S herein , at any time prior to the update provided for in subsection (a), provided that the number of service units associ ated with a particular land use shall not be increased.