Houston Code of Ordinances § 47-301 Definitions.
Sec. 47-301. - Definitions.
As used in this article, the following terms and phrases shall have the following meanings:
(1) Accelerated projects means projects calling for the construction of specifically identified wastewater treatment or transportation facilities or both, with funds acquired in part from prepayments of capital recovery charges made by persons desiring new or additional service from the system in an area where such service would not otherwise be available.
(2) Assessment means the determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this article, which determination occurs at the time specified in section 47-317.
(3) Buffer zone means an area of land which is owned or controlled by the owner of the private interim wastewater treatment plant or which is burdened by a public or private easement which renders it unsuitable for the location of habitable structures.
(4) Building permit means:
a. With respect to buildings or premises within the corporate limits of the city, the general permit required under the Construction Code; or
b. With respect to buildings or premises outside the corporate limits of the city or for which a general permit under the Construction Code is not required, a plumbing permit issued under the Construction Code or under section 47-14 of this chapter.
(5) Capital recovery charge means the fees imposed by the city on developments to provide financing for the costs of acquiring and constructing capital improvements to the system. These fees were established by the city pursuant to City of Houston Ordinances Nos. 83-650 and 84-1964.
(6) City constructed wastewater facility means a wastewater facility paid for wholly or partially by the city, a wastewater facility that has been acquired by the city upon assumption of obligations or debts for the construction costs thereof or by operation of law, a wastewater facility paid for by any other person, firm, corporation or governmental subdivision that has been purchased or otherwise acquired by the city, and a wastewater facility paid for partly by the city and partly by others when connection thereto is to be made from property to be served thereby and the owners of such property did not contribute their proportionate share of the cost for the intended land use.
(7) Connection charge means a charge on a property owner imposed pursuant to city ordinances referenced in section 47-42 for connection to the city's wastewater system.
(8) Contractual reservation means a reservation of wastewater capacity recognized in a legally enforceable written contract with the city where, either:
a. The contract was countersigned by the city controller prior to May 3, 1983; or
b. The city council, acting by motion, resolution or ordinance passed prior to May 3, 1983, authorized the director to negotiate the contract and identified the wastewater treatment facilities concerned, the contract negotiations were completed, and a final contract was approved by city council and countersigned by the city controller prior to October 24, 1985. The term "contractual reservation" also includes assignments of all or a portion of the original reservation when permitted under the terms of the contract; or
c. The contract was approved by a conservation and reclamation district that has been annexed by the city, where such contract provided wastewater capacity for property inside the city limits pursuant to consent of the city council.
(9) Credit means the amount determined under this article by which an impact fee for wastewater facilities is reduced as a result of a payment of connection charges for city constructed wastewater facilities imposed pursuant to city ordinances referenced in section 47-42, or payment of equivalent charges to a district providing such facilities within the city's wastewater benefit area, prior to June 20, 1990. Credit shall not include payment of a connection fee prior to June 20, 1990, or payment of charges under article IV of this chapter 47, which are imposed to reimburse a property owner for the costs of extending a wastewater main or lateral sewer.
(10) Reserved.
(11) District reservation means a written reservation of wastewater capacity which was:
a. Issued by a conservation and reclamation district which has been annexed to and abolished by the city and which has, prior to its abolition by the city, acquired or fully financed the acquisition of wastewater facilities which, when constructed and placed in operation, will have an aggregate wastewater capacity at least equal to the total of all wastewater capacity represented by the district's existing sanitary sewer system customers and its written reservations; and
b. Presented to the director, within three years after the latter of the date of abolition of the district or May 3, 1983, for written verification of its validity.
In the event that a district has issued written reservations of wastewater capacity in excess of the wastewater capacity the district has acquired or fully financed, then the director shall allocate the acquired or fully financed wastewater capacity of the district, first to the district's existing sanitary sewer system customers to the extent of their connections to the district's system, next to those persons who, within the 90 days immediately following the date of the district's abolition, present valid written reservations to the director for verification and finally, on a first-come-first-served basis, to those persons who present valid written reservations to the director for verification during the remainder of the three-year verification period.
(12) Final plat recordation means the filing of the final plat with the county clerk in the county in which the property platted is located, following compliance with all conditions of approval pursuant to chapter 42 of the Code.
(13) Health-care facilities means health-care facilities as defined in article 4418h, section 1.039(9), of the Texas Revised Civil Statutes Annotated.
(14) Land use equivalency table means the table approved by city council converting utilization of wastewater capacity required by various land uses to numbers of service units. Such table must be adopted by the city council as an element of its wastewater capital improvements plan.
(15) New development or proposed development means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use of extension of the use of land; any of which has the effect of increasing the requirements for wastewater capital improvements measured by the number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the city's subdivision regulations, the issuance of a building permit, or connection to the city's water or wastewater system, and which has not been exempted from these regulations by provisions herein.
(16) Offset means the amount of the reduction of an impact fee, determined under this article or pursuant to administrative guidelines, that is equal to the value of a wastewater facility or portion thereof included in the wastewater capital improvements plan, that is constructed or financed by a property owner.
(17) Plat means the plan or map for the subdivision to be filed for record in Harris County. Plat includes replat, but excludes development plat.
(18) Property owner means the owner in fee of a tract or parcel of land upon which new development is to be located, or his authorized representative.
(19) Public education facilities means buildings and other structures which are used by independent school districts or public or private junior or senior colleges or universities for the purpose of providing or supporting educational services.
(20) Reservation application means an application submitted to the director requesting a determination of the availability of adequate wastewater facilities and, if available, requesting a wastewater capacity reservation, subject to the provisions of this article.
(21) Reservation for wastewater capacity means either a contractual reservation, a district reservation, a restricted wastewater capacity reservation, or a wastewater capacity reservation acquired prior to June 20, 1990.
(22) Restricted wastewater capacity reservation means a reservation of wastewater capacity issued under authority of subsection 47-334(c) of this article.
(23) Service area means, for a particular wastewater facility or combination of wastewater facilities, a geographically defined area in which proposed developments can best be provided service by that wastewater facility or combination of wastewater facilities. The director shall determine the appropriate service area for each wastewater facility or combination of wastewater facilities by application of sound principles of civil engineering and in such a manner as to promote the safe and efficient operation of the system.
(24) Service unit means a standardized measure of consumption of wastewater system capacity which is equal to the average flow rate for a single-family dwelling unit in the Houston area.
(25) Standard base level means, for each acre of land, a level of utility service sufficient to receive, transport, treat and dispose of an average of 1,575 gallons per day of wastewater of the strength and character produced by typical residential customers of the city's system.
(26) System means the sanitary sewer system owned, maintained and operated by or on behalf of the city in order to furnish sanitary sewer service, including but not limited to waste treatment facilities including fertilizer plants, plants, disposal fields and lagoons for the purpose of treating, neutralizing, stabilizing or disposing of wastewater, and sewer systems including pipelines, conduits, canals, pumping stations, force mains, and all other constructions, devices and related appliances used to transport wastewater, as such system may be now constituted or as it may be hereafter improved, enlarged or extended by construction, reconstruction, acquisition, annexation or otherwise.
(27) Temporary reservation means:
a. A reservation by a utility commitment letter issued by the city prior to May 3, 1983; or
b. A reservation of wastewater capacity which was not in the form of a utility commitment letter but which was:
1. Of a type customarily recognized by the city prior to May 3, 1983; and
2. For which the property owner had made a capital contribution which was accepted by motion, resolution or ordinance of city council.
(28) Wastewater benefit area means the area within the city and the city's extraterritorial jurisdiction, within which impact fees for wastewater capital improvements will be collected for new development occurring within such area and within which fees so collected will be expended for those improvements identified in the wastewater capital improvements plan applicable to the benefit area.
(29) Wastewater capacity means the capacity of the wastewater facilities, measured in units of volume per unit of time, to receive, transport, treat and dispose of wastewater produced by customers of the system.
(30) Wastewater capacity reservation means a commitment of the city, subject to the regulatory actions of the state and federal government, the applicable rules and regulations of the city and the terms and conditions contained in this article and in the wastewater capacity reservation itself, to permanently reserve capacity in wastewater facilities to serve a proposed development so that utility service will be available upon completion of the buildings or other structures contained in the proposed development. The phrase "wastewater capacity reservation" shall also include the written document evidencing its existence.
(31) Wastewater capital improvement means a wastewater facility, with a life expectancy of three or more years, to be owned and operated by or on behalf of the city.
(32) Wastewater capital improvements plan means the plan adopted by city council, as may be amended from time to time, which identifies the wastewater facilities and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this article.
(33) Wastewater connection means authorization to connect a new development to the city's wastewater system.
(34) Wastewater facility means a facility designed or utilized for the purpose of collecting, conveying, pumping, treating or disposing of wastewater and byproducts of wastewater treatment, including an existing facility, the capacity of which has been expanded to serve new development. Wastewater facility includes land, easements or structures associated with such facilities. Wastewater facility excludes those wastewater lines or mains or portions thereof which are constructed by property owners, the costs of which are reimbursed from charges paid by subsequent users of such wastewater lines or mains.
(35) Wastewater impact fee means a fee for wastewater facilities imposed on new development pursuant to this article in order to generate revenue to fund or recoup the costs of capital improvements necessitated by and attributable to such new development. Wastewater impact fees do not include requirements for the dedication of rights-of-way or easements for such facilities, or for the construction of such improvements. Wastewater impact fees also do not include payment of connection charges by persons receiving service from a wastewater main, which charges are imposed to reimburse a property owner for the costs of extending such main.
(Code 1968, § 49-701; Ord. No. 83-650, § 1, 5-3-83; Ord. No. 84-1673, §§ 1—3, 10-24-84; Ord. No. 90-635, § 167, 5-23-90; Ord. No. 90-675, § 1, 6-6-90; Ord. No. 91-64, § 1, 1-9-91; Ord. No. 93-514, § 127, 5-5-93; Ord. No. 02-399, § 92, 5-15-02)