GENERAL PROVISIONS

Houston Code of Ordinances ch. 47, art. X, div. 1

in effect

Houston Code of Ordinances § 47-381 Purpose.

Sec. 47-381. - Purpose. This article is intended to ensure the provision of adequate public facilities to serve new development in the city by requiring each such development to pay its pro rata share of the costs of water capital improvements necessitated by and attributable to such new development. (Ord. No. 90-676, § 1, 6-6-90)

Houston Code of Ordinances § 47-382 Authority.

Sec. 47-382. - Authority. This article is adopted pursuant to chapter 395 of the Texas Local Government Code and pursuant to the Houston City Charter. The provisions of this article 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 for or in conjunction with this article. (Ord. No. 90-676, § 1, 6-6-90)

Houston Code of Ordinances § 47-383 Definitions.

Sec. 47-383. - Definitions. As used in this article, the following terms and phrases shall have the following meanings: (1) Assessment means the determination of the amount of the maximum water impact fee per service unit that may be imposed on new development pursuant to this article, which determination occurs at the time specified in section 47-391. (2) Building permit means: a. With respect to buildings or premises within the corporate limits of the city, the general permit required by 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 under the Construction Code or under section 47-14 of this chapter. (3) City-constructed water facility means a water facility paid for wholly or partially by the city, a water 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 water facility paid for by any other person, firm, corporation or governmental subdivision that has been purchased or otherwise acquired by the city and water facilities 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. (4) Credit means the amount determined under this article by which a water impact fee is reduced as the result of a payment of a connection charge for city-constructed water facilities imposed pursuant city ordinances referenced in section 47-42 or payment of equivalent charges to a district providing such facilities within the city's water benefit area, prior to June 20, 1990. Credit shall not include payment of a connection fee prior to June 20, 1990, or a payment of charges that are imposed to reimburse a property owner for the cost of extending a water main. (5) Reserved. (6) 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 for plat approval pursuant to chapter 42 of this Code. (7) Improved lot means a lot on a tract of land on which there is located a complete permanent building capable of being occupied as a dwelling place or place of business. (8) Land use equivalency table means the table approved by city council converting utilization of water capacity required by various land uses to numbers of service units. (9) New development means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of the use of land; any of which has the effect of increasing the requirement for water capital improvements, measured by the number of service units to be generated by such activity, and that 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 system and which has not been exempted from compliance with these regulations by provisions herein. (10) Offset means the amount of the reduction of a water impact fee, determined under this article or pursuant to administrative guidelines, that is equal to the value of a water facility or portion thereof included in the water capital improvements plan, that is constructed or financed by a property owner. (11) Plat means the plan or map for the subdivision to be filed for record with the county clerk in the county in which the property is located. Plat includes replat, but excludes development plat. (12) 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. (13) Service unit means a standardized measure of consumption of treated water system capacity which is equal to the average flow rate for a single-family dwelling unit in the Houston area. (14) Water benefit area means the area within the city and the city's extraterritorial jurisdiction within which water impact fees for water 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 water capital improvements plan applicable to the benefit area. (15) Water capital improvement means a water facility with a life expectancy of three or more years, to be owned or operated by or on behalf of the city. (16) Water capital improvements plan means the plan adopted by city council, as may be amended from time to time, that identifies the water 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 water impact fees pursuant to this article. (17) Water connection means authorization to connect a new development to the city's treated water system. (18) Water facility means a facility designed or utilized for the purpose of producing, collecting, supplying, storing, pumping or conveying water, including an existing facility, the capacity of which has been expanded to service new development. "Water facility" includes land, easements or structures and all appurtenances associated with such facilities. "Water facility" excludes those water lines or mains or portions thereof that are constructed by property owners, the costs of which are reimbursed from charges paid by subsequent users of the facilities. (19) Water impact fee means a fee established by the city council for water 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. Water 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. Water impact fees also do not include payment of connection charges by persons receiving service from a water main, which charges are imposed to reimburse a property owner for the costs of extending such main. (Ord. No. 90-676, § 1, 6-6-90; Ord. No. 93-514, § 128, 5-5-93; Ord. No. 02-399, § 93, 5-15-02)

Houston Code of Ordinances § 47-384 Water impact fees, in general.

Sec. 47-384. - Water impact fees, in general. (a) Except as otherwise provided herein, each new development within the city's water benefit area shall pay a water impact fee for water facilities necessitated by and attributable to that development as provided in division 2 of this article. Water impact fees shall be assessed against and collected from new development on the basis of service units. The water benefit area is established by the city council and may be amended from time to time. (b) The maximum water impact fee per service unit that is assessed against new developments is established for this provision in the city fee schedule, per service unit, and the water impact fee that shall be collected from new development is is stated for this provision in the city fee schedule, per service unit. On July 1 of each year beginning in 2011, the water impact fee shall be adjusted by an amount equal to the percentage increase (if any) in the designated index for the preceding calendar year multiplied by the sum of water impact fees and wastewater impact fees, as established pursuant to section 47-316 of this Code, for the then-current year until the water impact fee equals or exceeds wastewater impact fee in dollar value. In each year after the water impact fee equals or exceeds wastewater impact fee in dollar value, water impact fees shall be adjusted by an amount equal to the percentage increase (if any) in the designated index for the preceding calendar year multiplied by the water impact fee only for the then current year, but shall never exceed the maximum water impact fee established herein. The director shall annually calculate the effective water impact fee on or before June 1 of each year, and make it available in his office upon request for public inspection. For purposes of this subsection, the term designated index shall mean the United States Producers Price Index for All Commodities (1982=100), as published by the Bureau of Labor Statistics, U.S. Department of Labor. If such index is subject to adjustment later, then the city shall use the adjusted index, together with any correlation factor necessary to relate the later adjusted index to the earlier index, as published by the entity publishing the index, or if such publication is discontinued, the designated index shall then refer to comparable statistics on changes in the cost of living for urban consumers as the same may be computed and published by an agency of the United States or by a responsible financial periodical of recognized authority, which agency or periodical shall be selected by the city. (c) This city council may amend water impact fees to be collected from new developments without amending the water capital improvements plan adopted herein, as long as the impact fees to be collected do not exceed the maximum water impact fees per service unit that may be assessed for such facilities. (d) Effective May 19, 2021, the provisions of subsection (b) of this section, establishing requirements for the calculation and adjustment of the water impact fee related to the designated index, as defined therein, are hereby suspended. No later than June 1, 2026, the director shall calculate the water impact fee per service unit that will take effect on July 1, 2026. The annual adjustment of the water impact fee shall resume, and water impact fees shall be adjusted, effective July 1, 2026, pursuant to the methodology established in subsection (b) of this section. (Ord. No. 90-676, § 1, 6-6-90; Ord. No. 00-497, § 5, 6-14-00; Ord. No. 02-517, § 3, 6-26-02; Ord. No. 05-958, § 2, 8-24-05; Ord. No. 2010-482, § 5, 6-30-2010; Ord. No. 2010-583, § 4, 7-28-2010; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2021-388, § 6, 5-19-2021)

Houston Code of Ordinances § 47-385 Replacement of existing charges.

Sec. 47-385. - Replacement of existing charges. On and after June 20, 1990, the provisions of this article relating to the assessment and collection of water impact fees, replace and supersede those provisions for payment of connection charges for city-constructed water facilities which had been established pursuant to city ordinances referenced in section 47-42. (Ord. No. 90-676, § 1, 6-6-90)

Houston Code of Ordinances § 47-386 Connection of existing development.

Sec. 47-386. - Connection of existing development. If any owner of existing development within the water benefit area requests to be connected to the city's water system, and the department agrees to extend a water main to serve the development, the property owner shall pay a fee equivalent to that prescribed by and computed according to section 47-393 prior to connection to such system; provided, however, that an existing development so connected is entitled to a credit against the fee equal to the charge for one service unit. (Ord. No. 90-676, § 1, 6-6-90)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH47WASE_ARTXWAIMFE_DIV1GEPRFetched: 10/26/2026