TR9303-CS 951214From:
RE:
Date:
MEMORANDUM
Peter G. Smith, City Attorney
Kenneth M. Griffin, P.E., ACM/City Engineer
Revisions to Ordinance 95685, Roadway Impact Fees
December 14, 1995
This memo is written as a follow-up to our telephone conversation between you, Jim Witt and
myself concerning the enforcement of the Roadway Impact Fee Ordinance. During the
conversation, we discussed Section 17-1-11 B3 under the Suspension of Fee Collection. It was
my understanding that this paragraph applied to any development submitted not only prior to
January 20th, 1995 but also between the time table of January 20, 1995 to January 20, 1996.
Your interpretation was that it applied only to plats filed with the City prior to January 20, 1995.
That being the case, it is now my understanding that since January 20, 1995 the City could have
been collecting Roadway Impact Fees on new development, as opposed to given an option to the
developer of paying Roadway Impact Fees or escrow. Because of my misinterpretation of that
paragraph, I would like to suggest that an ordinance be provided that would help clarify the
implementation of the Roadway Impact Fees.
In essence, the ordinance should state:
1. That anything currently in the process that has not received final plat approval will be
allowed to pay impact fees or escrow up to January 20, 1997.
2. Any plat which has been final platted by the City of Coppell prior to January 20, 1996
should have a building permit obtained no later than January 20, 1997 or else it will be
subject to Roadway Impact Fees.
3. Any new application submitted to the City after January 20, 1996 will be required to pay
Roadway Impact Fees, with no option of paying escrow. It probably would be good to insert
a definition of what a submittal is i.e., is it when the original application is submitted?
It should also be clear that any item submitted for replatting after January 20, 1996 will
constitute a new development and be subject to the payment of Roadway Impact Fees. Because
I now understand 17-1-11 B3 did not apply to all plats it should be fairly simple to accomplish
the above by making the following changes:
Section 17-1-09 Bi; January 20, 1995 changed to January 20, 1996.
Section 17-1-09 B3; January 20, 1995 changed to January 20, 1996.
For clarification, Section 17-1-10 A should be revised to read as follows:
The impact fees due for new development shall be collected prior to recordation of the
subdivision plat. If the exact final usage of the land is unknown at the time of platting so
as to make it impossible for the City to calculate the equivalent service units or if new
development occurs or is proposed to occur without platting then the impact fees shall be due
at the time of connection to the City water or sewer system or at the time of building permit
unless an agreement between the developer and the City has been executed providing for
different time of payment.
4. Section 17-1-11 B1; the January 20, 1995 in both locations changed to January 20, 1996.
Section 17-1-11 B2 should be revised to be Section 17-1-11Bla so it is very clear that it is
a subsection to B1. Also, Section 17-1-11 B3 should be revised to be Section 17-1-11 Blb
so again it is very clear that it is a subsection to B1. Also, the following Section should be
added: Section 17-1-11 B2 which states that there shall be no suspension of Impact Fees for
roadway facilities for any new development submitted after January 20, 1996.
5. Section 17-1-12 A; change January 20, 1995 to January 20, 1996.
It is my intent to take this for Council approval on January 9, 1996. Therefore I would need
a draft of the ordinance during the week of December 25th. This ordinance revision, in essence,
is extending the Roadway Impact Fee implementation for one year.
If you should have any questions please feel free to contact me.
file/kgriffin/impcfee.mm