Pursuant to the Local Government Code, §395.080, a district proposing to assess impact fees shall submit to the executive director an application for review. Upon submission of an application for review, the executive director has the responsibility for reviewing and the commission has the responsibility for approving or denying impact fee requests by all districts created pursuant to Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution. Each application submitted shall contain the following:
(1) a $100 filing fee;
(2) a certified board resolution requesting approval of the impact fee and stating the amount of the proposed fee;
(3) a capital improvements plan report prepared, signed, and sealed by a professional engineer registered to practice in the State of Texas and which identifies the proposed capital improvements for which impact fees will be assessed and which shall specificallyinclude the following: (4) the projected number of connections attributable to the new development may not be based on a development period exceeding 10 years; (5) a table establishing the additional demand required by the new connections, including the level of consumption represented by a connection for each category of capital improvements. Justification must be provided if the consumption levels differ from the minimum design criteria established by the commission; (6) a description of the facilities intended to be financed through impact fees and a detailed analysis of all costs required to finance those improvements; (7) a detailed calculation of the impact fee amount, including a complete explanation of all assumptions used in the calculation. All terms used should be defined; (8) any other information as the executive director may require.
Source Note: The provisions of this §293.172 adopted to be effective June 30, 1993, 18 TexReg 3758; amended to be effective October 22, 1996, 21 TexReg 9905.