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HomeMy WebLinkAboutORD 1028 Adopting W, WW and Roadway Impact FeesOrdinance 1028 Impact Fees Page 1 TOWN OF WESTLAKE ORDINANCE NO. 1028 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE TOWN OF WESTLAKE CODE OF ORDINANCES BY AMENDING CHAPTER 82 TITLED “SUBDIVISIONS”, TO ESTABLISH ARTICLE XV. ENTITLED “IMPACT FEES ”; ESTABLISHING WATER, WASTEWATER AND ROADWAY CAPITAL IMPACT FEES; ESTABLISHING A MAXIMUM ALLOWABLE IMPACT FEE PER SERVICE UNIT; ESTABLISHING PROCEDURES FOR THE ASSESSMENT, COMPUTATION, COLLECTION, DEPOSIT, REFUND, EXPENDITURE AND GENERAL ADMINISTRATION OF SAID IMPACT FE ES; ESTABLISHING AN APPEAL PROCEDURE; ESTABLISHING AN E FFECTIVE DATE OF AUGUST 25, 2025; PROVIDING FOR PENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Chapter 395, Texas Local Government Code (the “Statute”) provides the requirements and procedures for the adoption of land use assumptions, a capital improvements plan and impact fees; and WHEREAS, after Notice of a Public Hearing was given as required by the Statute, the Town Council held a public hearing on July 15, 2025, and by Ordinance No. 1026 adopted and approved the Land Use Assumptions and Capital Improvements Plans for the Potential Implementation of Impact Fees for Water, Wastewater, and Roadway Impact Fee Program; and WHEREAS, the Capital Improvement Advisory Committee of the Town of Westlake, created pursuant to Sec. 395.058, Texas Local Government Code, filed its written comments and recommendation on the proposed impact fees before the fifth business day before the date of the public hearing on the imposition of the impact fees; and WHEREAS, after Notice of a Public Hearing was given as required by the Statute, the Town Council held a public hearing on August 25, 2025, to discuss the imposition of the impact fees by this ordinance; and Ordinance 1028 Impact Fees Page 2 WHEREAS, the Town Council finds that the Town has fully complied with the Statute in adopting and imposing the impact fees in this ordinance; and WHEREAS, the Town Council finds it to be in the best interest of the citizens of the Town of Westlake to adopt and approve the impact fees and related administrative processes described herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals stated above are hereby adopted and approved and incorporated into the body of this ordinance as fully set forth herein, and the impact fees set forth in this ordinance are hereby approved. SECTION 2: That the Town of Westlake Code of Ordinances Chapter 82 Titled “Subdivisions” shall be amended to establish and add Article XV. Titled “Impact Fees”, which shall read as follows: Purpose This Article is intended to assure the provision of adequate public facilities to serve new development in the Town by requiring each such development to pay its share of the costs of such improvements necessitated by and attributable to such new development. Definitions Terms defined herein are specific to this Article and shall not be construed as conflicting with similar terms in other parts of the Municipal Code. (A) 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. (B) Capital improvement means any of the following facilities that have or with a life expectancy of three or more years and are owned and operated by or on behalf of the Town: Ordinance 1028 Impact Fees Page 3 (1) water supply, treatment and distribution facilities; wastewater collection and treatment facilities; whether or not they are located within the service area; and (2) roadway facilities. (C) Capital improvements plan means a plan approved by the Town Council that identifies capital improvements or facility expansions for which impact fees may be assessed. (D) Town means the Town of Westlake, Texas. (E) Town Council means the Town Council of the Town of Westlake, Texas. (F) Town Manager means the Town Manager of the Town of Westlake Texas, or his/her designee. (G) Change of Use means a new development involving a change in use or occupancy of any existing structure, with the exception of shell structures never previously occupied, that has the effect of increasing the number of service units beyond those attributable to the immediately preceding use, which requires the issuance of a new permit and which may include, but is not limited to, the reconstruction, redevelopment, conversion, structural alteration or enlargement of any structure. (H) Effective date means August 25, 2025. (I) Facility expansion means the expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development. (J) Final Plat means the map of a subdivision (and any required accompanying material) which is presented to the Planning and Zoning Commission, the Town Council or authorized Town staff for approval, and which, if approved, is recorded in the official public records of Tarrant County and Denton County. (K) Impact fee means a charge or assessment imposed as set forth in this Article against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development. The term does not include: (1) dedication of land for public parks or payment in lieu of the dedication to serve park needs; Ordinance 1028 Impact Fees Page 4 (2) dedication of rights-of-way or easements or construction or dedication of on-site or off-site water distribution, wastewater collection or streets, sidewalks or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development; (3) lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines; or (4) other pro rata fees for reimbursement of water or sewer mains or lines extended by the political subdivision. (L) Land use assumptions means a description of the service area and projections of changes in land uses, densities, intensities and population in the service area over at least a 10- year period and approved by the Town Council. (M) New development means the subdivision of land; 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 increases the number of service units. (N) Owner means an owner of real property who is subject to this Article, or an agent, employee or representative thereof who is authorized to act on the real property owner’s behalf or a person who has paid an impact fee under this Article. (O) Roadway facilities means arterial or collector streets or roads which have been designated on an officially adopted thoroughfare plan of the Town, together with all necessary appurtenances. The term includes the Town’s share of costs for roadways and associated improvements designated on the federal or Texas highway system, including local matching funds and costs related to utility, line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances and rights-of-way. (P) School District means a public or private institution for the teaching of students. Includes colleges and universities. (Q) Service area means: (1) for purposes of water and wastewater, the area within the corporate boundaries of the Town; and (2) for purposes of roadways, an area within the corporate boundaries of the Town that does not exceed six miles within which roadway impact fees for capital Ordinance 1028 Impact Fees Page 5 improvements will be collected for new development, and within which fees so collected will be expended for those capital improvements identified in the capital improvements plan to be located therein. (R) Service unit means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards and based on historical data and trends applicable to the Town during the previous 10 years. The service units for purposes of roadways, water and wastewater are more fully described in the study. (S) Site-related facility means an improvement or facility which is for the primary use or benefit of a new development or which is for the primary purpose of safe and adequate provision of roadway, water or wastewater facilities to serve the new development, and which is not included in the capital improvements plan and for which the owner is solely responsible under subdivision or other applicable regulations or which is located at least partially on the plat which is being considered for impact fee assessment. This term includes that portion of an off-site water or wastewater main, equivalent to a standard size water or wastewater main, which is necessary to connect any new development with the Town’s water or wastewater system, the cost of which has not been included in the Town’s impact fee capital improvements plan. (T) Study means, collectively, the roadway impact fee study and the water and wastewater impact fee study on file in the office of the Town’s Planning and Development Department. (U) System-related facility means a capital improvement or facility expansion which is designated in the capital improvements plan, and which is not a site-related facility. This term may include a capital improvement which is located off-site or within or on the perimeter of the development site. (V) Wastewater facility means a wastewater interceptor or main, lift station or other facility or improvement used for providing wastewater collection and treatment included within the Town’s collection system for wastewater. This term includes land, easements or structures associated with such facilities. This term excludes a site-related facility. (W) Water facility means a water interceptor or main, pump station, storage tank or other facility or improvement used for providing water supply, treatment and distribution Ordinance 1028 Impact Fees Page 6 service included within the Town’s water storage or distribution system. This term includes, but is not limited to, land, easements or structures associated with such facilities. This term excludes site-related facilities. Study Adopted The impact fee study is hereby approved and adopted for all purposes consistent with this Article. Updates To Plan And Revision of Fees The Town shall review the land use assumptions and Capital Improvements Plan for water, wastewater, and roadway facilities at least every five years. The Town Council shall then make a determination of whether changes to the land use assumptions, Capital Improvements Plan or impact fees are needed and shall, in accordance with the procedures set forth in the Texas Local Government Code, Ch. 395, or any successor statute, either update the fees or make a determination that no update is necessary. Applicability The provisions of this Article apply to all new development within the corporate boundaries of the Town for water, wastewater, and roadway fees. Impact Fees Adopted (A) A maximum allowable water impact fee of $5,359 per service unit shall be assessed against new development in the service area as set forth in Table 1. Ordinance 1028 Impact Fees Page 7 Table 1 –Water System Maximum Allowable Impact Fees (Schedule 1) Service Unit Maximum Allowable Assessed The water system impact fees to be collected from new development in the service area as set forth in Table 2. Table 2 –Water System Collected Impact Fees (Schedule 2) Service Unit Maximum Allowable Collected (B) A maximum allowable wastewater impact fee of $2,801 per service unit shall be assessed and charged against new development in the service area as set forth in Table 3. Table 3 – Wastewater System Maximum Allowable Impact Fees (Schedule 1) Water Service Unit Maximum Allowable Assessed Ordinance 1028 Impact Fees Page 8 The wastewater system impact fees to be collected from new development in the service area as set forth in Table 4. Table 5 –Wastewater System Collected Impact Fees (Schedule 2) Service Unit Maximum Allowable Collected (C) A maximum allowable roadway impact fee of $1,034 per development unit shall be assessed and charged against new development in the service area as set forth in Table 5. Table 5 – Roadway System Maximum Allowable Impact Fees (Schedule 1) ITE Development Unit Equivalency Maximum Allowable Impact Fee RESIDENTIAL 3.70 2.23 1.99 230 Dwelling Units 1.41 $1,457.94 Mid-Rise Residential w/Ground Floor Commercial (4- 10 Floors) 231 Dwelling Units 0.66 $682.44 High-Rise Residential w/ Ground Floor Commercial 232 1,000 Sq Ft GFA $8,737.30 Assisted Living Center 254 Beds $703.12 Continuing Care Retirement Community 255 Dwelling Units $558.36 Others Not Specified Dwelling Units $3,825.80 Hotel 310 Rooms $889.24 Business Hotel 312 Rooms $465.30 City Park 411 Acres $134.42 Golf Course 430 Holes $3,494.92 Golf Driving Range 432 1.45 $1,499.30 Batting Cages 433 Cages $2,667.72 Rock Climbing Gym 434 1,000 Sq Ft GFA $2,905.54 Multi-Recreational Facility 435 1,000 Sq Ft GFA $4,291.10 Ordinance 1028 Impact Fees Page 9 ITE Land Use ITE Development Unit Equivalency Maximum Allowable Impact Fee 1.48 1.29 13.77 19.06 4.88 4.43 2.48 5.16 Medical 1.56 1.66 6.68 6.39 2.75 Retail 3.62 0.77 6.38 4.82 1.96 2.96 3.64 2.06 8.83 3.67 170.85 1.67 1.20 1.05 1.60 1.88 0.68 1.33 1.04 22.00 0.58 1.85 4.90 6.05 1.91 0.13 5.16 3.62 Services 1.33 6.83 Dining 7.64 4.77 2.96 Ordinance 1028 Impact Fees Page 10 ITE Land Use ITE Development Unit Equivalency Maximum Allowable Impact Fee 3.73 11.00 40.04 5.36 7.21 4.44 Automotive 2.31 1.46 1.46 1.46 0.94 19.49 3.42 INDUSTRIAL 2.26 0.56 0.33 0.26 6.05 7.52 OFFICE 5.99 9.12 5.49 13.24 6.53 9.54 5.49 5.15 5.99 INSTITUTIONAL 0.20 0.18 0.17 3.00 0.37 0.24 0.23 0.26 0.43 0.11 0.48 0.44 0.21 3.84 Ordinance 1028 Impact Fees Page 11 The roadway system impact fees to be collected from new development in the service area as set forth in Table 6. Table 6 –Roadway System Collected Impact Fees (Schedule 2) ITE Development Unit Equivalency Collected Impact Fee RESIDENTIAL 3.70 2.23 1.99 230 Dwelling Units 1.41 $1,457.94 Mid-Rise Residential w/Ground Floor Commercial (4- 10 Floors) 231 Dwelling Units 0.66 $682.44 High-Rise Residential w/ Ground Floor Commercial 232 1,000 Sq Ft GFA $8,737.30 Assisted Living Center 254 Beds $703.12 Continuing Care Retirement Community 255 Dwelling Units $558.36 Others Not Specified Dwelling Units $3,825.80 Hotel 310 Rooms $889.24 Business Hotel 312 Rooms $465.30 City Park 411 Acres $134.42 Golf Course 430 Holes $3,494.92 Golf Driving Range 432 1.45 $1,499.30 Batting Cages 433 Cages $2,667.72 Rock Climbing Gym 434 1,000 Sq Ft GFA $2,905.54 Multi-Recreational Facility 435 1,000 Sq Ft GFA $4,291.10 Trampoline Park 436 1,000 Sq Ft GFA $1,530.32 Bowling Alley 437 Bowling Lanes $1,333.86 Movie Theater 445 Screens $14,238.18 Soccer Complex 488 Fields $19,708.04 Tennis and Pickleball Courts 490 Courts $5,045.92 Racquet/Tennis Club 491 Courts $4,580.62 Health/Fitness Club 492 1,000 Sq Ft GFA $2,564.32 Athletic Club 493 1,000 Sq Ft GFA $5,335.44 Hospital 610 Beds $1,613.04 Nursing Home 620 1,000 Sq Ft GFA $1,716.44 Clinic 630 1,000 Sq Ft GFA $6,907.12 Animal Hospital/Veterinary Clinic 640 1,000 Sq Ft GFA $6,607.26 Free-Standing Emergency Room 650 1,000 Sq Ft GFA $2,843.50 Variety Store 814 1,000 Sq Ft GFA $3,743.08 Hardware/Paint Store 816 1,000 Sq Ft GFA $796.18 Garden Center 817 1,000 Sq Ft GFA $6,596.92 Nursery (Wholesale) 818 1,000 Sq Ft GFA $4,983.88 Ordinance 1028 Impact Fees Page 12 ITE Land Use ITE Development Unit Equivalency Collected Impact Fee 1.96 2.96 3.64 2.06 8.83 3.67 170.85 1.67 1.20 1.05 1.60 1.88 0.68 1.33 1.04 22.00 0.58 1.85 4.90 6.05 1.91 0.13 5.16 3.62 Services 1.33 6.83 Dining 7.64 4.77 2.96 3.73 11.00 40.04 5.36 7.21 4.44 Automotive 2.31 1.46 1.46 1.46 0.94 19.49 3.42 INDUSTRIAL Ordinance 1028 Impact Fees Page 13 ITE Land Use ITE Development Unit Equivalency Collected Impact Fee 2.26 0.56 0.33 0.26 6.05 7.52 OFFICE 5.99 9.12 5.49 13.24 6.53 9.54 5.49 5.15 5.99 INSTITUTIONAL 0.20 0.18 0.17 3.00 0.37 0.24 0.23 0.26 0.43 0.11 0.48 0.44 0.21 3.84 Assessment of Impact Fees (A) Assessment of impact fees for any new development shall be based on the applicable impact fees per service unit at the time of assessment. No specific act by the Town is required to assess impact fees. (B) For a new development which has received final plat approval prior to the adoption of impact fees by the Town, or for which no plat approval is required, impact fees may be assessed on or after the effective date of adoption of the impact fees. (C) For a new development which has received final plat approval on or after the effective date, assessment of impact fees shall occur at the time of recordation of the final plat. Ordinance 1028 Impact Fees Page 14 (D) After the assessment of impact fees attributable to a new development or execution of an agreement for payment of impact fees, additional impact fees or increases in fees may not be assessed against the tract unless the number of service units to be developed on the tract increases. In the event of an increase in the number of service units, the impact fees to be imposed on the new development are limited to the amount attributable to the additional service units. Assessment of Impact Fees as a Condition of Development Except as otherwise provided in this Article, no building permit shall be issued until the owner has paid the applicable impact fees. Credits Against Impact Fees (A) General credit. The Town shall apply against assessed impact fees a credit equal to percent of the total projected cost of implementing the projects listed in the impact fee eligible capital improvements plans. (B) Roadway credit. Any construction of, contributions to or dedications of roadway facilities that are system-related facilities and are agreed to or required by the Town as a condition of development approval shall be credited against assessed roadway impact fees. To the extent that a credit under this subsection exceeds the roadway impact fees for service units attributable to an owner’s new development, the credit shall be applied against the roadway impact fees for service units attributable to each other new development of the owner located on a tract of land that was contained in the same plat of the new development for which the credit was granted. (C) Water credit. Any construction of, contributions to or dedications of water facilities that are system-related facilities and that are agreed to or required by the Town as a condition of development approval shall be credited against assessed water impact fees. To the extent that a credit under this subsection exceeds the water impact fees for service units attributable to an owner’s new development, the credit shall be applied against the water impact fees for service units attributable to each other new development of the owner that is located on a tract of land that was contained in the same plat of the new development Ordinance 1028 Impact Fees Page 15 for which the credit was granted. (D) Wastewater credit. Any construction of, contributions to or dedications of wastewater facilities that are system-related facilities and that are agreed to or required by the Town as a condition of development approval shall be credited against assessed wastewater impact fees. To the extent that a credit under this subsection exceeds the wastewater impact fees for service units attributable to an owner’s new development, the credit shall be applied against the wastewater impact fees for service units attributable to each other new development of the owner that is located on a tract of land that was contained in the same plat of the new development for which the credit was granted. (E) Credit by agreement. The Town and the owner of a new development may agree in writing that the owner may construct or finance system-related facilities and the costs incurred or funds advanced will be credited against the impact fees otherwise due from the new development. The Town Manager is authorized to negotiate and execute such an agreement. (F) No credit for rights-of-way or easements. Rights-of-way and easements are not included in the study, and no credit shall be granted for the dedication of rights-of-way or easements. Rights-of-way and easements are dedicated as required by the ordinances of the Town, necessitated by and attributable to a new development and do not exceed the amount required for infrastructure improvements that are roughly proportionate to the new development. Impact Fees As Additional And Supplemental Regulation (A) Impact fees established by this Ordinance are additional and supplemental to, and not in substitution of, any other requirements imposed by the Town on the development of land or the issuance of building permits or certificates of occupancy, including but not limited to pass-through fees charged by the City of Fort Worth for water connections. (B) This Ordinance shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations and policies of the Town, which shall be operative and remain in full force and effect without limitation with respect to all such Ordinance 1028 Impact Fees Page 16 development. Collection of Impact Fees (A) Impact fees shall be collected at the time of issuance of a building permit. At the time of impact fee collection, if the number of service units increase since original platting, the collected impact fee shall be in accordance with Schedule 2 in effect at that time. (B) For a new development that received final plat approval before the effective date: (1) Impact fees may not be collected on any service unit for which a valid building permit is issued within one year after the effective date if the new development; provided, however, that such a service unit shall be subject to the collection of impact fees upon the submission of a subsequent application for a building permit if the subsequent application is not submitted and approved within one year after the effective date. Rebates If the building permit for a new development for which an impact fee has been paid has expired, and a modified or new application has not been filed, the Town shall, upon written application, rebate the amount of the impact fee to the record owner of the property for which the impact fee was paid in accordance with the laws of Texas Local Government Code, Ch. 395. If no application for rebate pursuant to this section has been filed within this period, no rebate shall become due. Refunds (A) Any impact fee, or portion thereof, collected pursuant to this chapter which has not been expended within ten years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to the governmental entity. (B) If a refund is due pursuant to division (A), the town shall pro-rate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units actually developed within the service area for the period to Ordinance 1028 Impact Fees Page 17 determine the refund due per service unit. The refund to the record owner or governmental entity shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid and interest due shall be calculated upon that amount. (C) Petition for refunds shall be submitted to the Town Manager on a form provided by the town for such purpose. Within 2 months of the date of receipt of a petition for refund, the Town Manager must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Town Manager shall notify the Finance Director and request that a refund payment be made to the petitioner. Functions of Advisory Committee (A) The functions of the Advisory Committee are those set forth in the Local Government Code, Ch. 395, or any successor statute, and shall include the following: (1) Advise and assist the town in adopting land use assumptions. (2) Review the Capital Improvements Plan regarding water, wastewater and roadway capital improvements and file written comments thereon. (3) Monitor and evaluate implementation of the capital improvements program. (4) Advise the town of the need to update or revise the land use assumptions, capital improvements program and impact fees. (5) File a semiannual report evaluating the progress of the Town in achieving the Capital Improvements Plans and identifying any problems in implementing the plans or administering the impact fees. (B) The Town shall make available to the Advisory Committee any professional reports prepared in the development or implementation of the Capital Improvements Plan. (C) The Committee shall adopt procedural rules for carrying out its duties. Ordinance 1028 Impact Fees Page 18 Waivers Pursuant to Texas Local Government Code § 395.022, as amended, a school district is not required to pay impact fees imposed under this article unless the board of trustees of the district consents to the payment of the fees by entering a contract with the Town imposing the fees. Deposit; Interest; Expenditure of Funds (A) Deposit of funds. All funds collected through the adoption of a impact fee 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 was adopted. (B) Interest. Interest earned on impact fees is considered funds of the account on which it is earned and is subject to all restrictions placed on use of impact fees under Chapter 395 of the Texas Local Government Code. (C) Expenditure of funds. Impact fee funds may be spent only for the purposes for which the impact fee was imposed as shown by the eligible capital improvements plans and as authorized by Chapter 395 of the Texas Local Government Code. Use of Other Financing Mechanisms (A) The Town may finance water, wastewater, and roadway capital improvements or facilities expansions designated in the Capital Improvements Plan through the issuance of bonds, through the formation of public improvement districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. (B) Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. Appeal Procedure; Remedies (A) Decisions subject to appeal. An owner may, in accordance with this Section, appeal the following decisions: Ordinance 1028 Impact Fees Page 19 (1) The applicability of an impact fee to the owner’s new development; (2) The amount of an impact fee due; (3) The availability of, the application of or the amount of a credit against a impact fee due; (4) The amount of an impact fee due in proportion to the benefit of the services for which the impact fee was assessed that are received by the new development; or (5) The amount of any refund due. (B) Notice of appeal. Within 30 days following the decision being appealed, the owner shall submit to the Town Manager a written notice of appeal that states the basis for the appeal with particularity. To the extent the owner relies on any studies or other documents as evidence that the owner is entitled to relief, the owner shall submit such studies and documents with the notice of appeal. (C) Burden of proof. The burden of proof shall be on the owner to demonstrate that the owner is entitled to relief. (D) Resolution of appeal by the Town Manager. (1) Within 10 days of receipt of the notice of appeal, the Town Manager shall issue a written decision granting relief, granting partial relief or denying relief and shall send the decision to the owner by certified mail, return receipt requested or by e- mail if the owner’s e-mail address is provided on the notice of appeal or the building permit application that gave rise to the matter being appealed. The Town Manager’s written decision shall ask the owner to respond in writing within 10 days of the date of the written decision regarding whether the owner agrees or disagrees with the Town Manager’s decision. (2) Upon issuing the written decision, the Town Manager shall refer the appeal to the Town Council for a hearing. The owner shall be provided written notice of the date, time and location of the hearing. (3) If prior to the Town Council hearing the owner agrees in writing with the Town Manager’s written decision: i. the appeal shall be considered resolved; Ordinance 1028 Impact Fees Page 20 ii. the Town Manager’s referral of the notice of appeal to the Town Council for a hearing shall be withdrawn; iii. to the extent that the Town Manager’s decision grants relief or partial relief to the owner, the Town Manager shall ensure the owner receives such relief or partial relief; and iv. to the extent that the Town Manager’s decision requires the owner to pay a impact fee, the owner shall promptly pay the impact fee. The owner’s failure to pay the impact fee within five business days after agreeing with the Town Manager’s decision shall serve as authority for the Town to present the letter of credit to the financial institution for performance with no other or further notice or contact with the owner. (E) Consideration of appeal by Town Council. (1) If the owner disagrees in writing with the Town Manager’s written decision or otherwise fails to agree in writing with the Town Manager’s written decision, the Town Council shall hold a hearing to consider the appeal and shall act on the appeal within 90 days of the Town Manager’s receipt of the notice of appeal. (2) The Town Council shall act on the appeal by granting relief, granting partial relief or denying relief. (3) To the extent the Town Council grants relief or partial relief to the owner, the Town Manager shall ensure the owner receives such relief or partial relief. (4) To the extent the Town Council’s action on the appeal requires the owner to pay an impact fee, the owner shall promptly pay the impact fee. The owner’s failure to pay the impact fee within five business days after the date of the Town Council’s action on the appeal shall serve as authority for the Town to present the letter of credit to the financial institution for performance with no other or further notice or contact with the owner. (5) The Town Council’s action on the appeal shall constitute the Town’s final decision on the matter appealed. (F) Costs. An owner shall bear all costs of the owner’s appeal under this Section. Ordinance 1028 Impact Fees Page 21 Other Relief; Variance; Waiver (A) Failure to perform a duty. (1) A person who has paid an impact fee or an owner of land on which an impact fee has been paid may submit to the Town Manager a written request for the Town Council to determine whether the Town has failed to perform a duty imposed under Chapter 395 of the Texas Local Government Code within the prescribed period. The written request must state the nature of the unperformed duty and request it be performed within 60 days after the date of the request. (2) The Town Council shall consider the request, and if the Town Council finds that the duty is required under Chapter 395 of the Texas Local Government Code and is late in being performed, it shall cause the duty to commence within 60 days after the date of the request and continue until completion. (B) Variance or waiver. The Town Council may grant a variance or waiver from any requirement of this Article, upon written request by an owner, following a public hearing, and only upon finding a strict application of such requirement would, when regarded as a whole, result in confiscation or an unconstitutional taking of the property. SECTION 3. The provisions of any ordinance which are inconsistent with or in conflict with any of the provisions of this ordinance are hereby expressly repealed to the extent of any such inconsistency or conflict. SECTION 4.. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance. The Council of the Town of Westlake hereby declares it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION 5. The Town Secretary is hereby authorized and directed to publish the descriptive caption of this ordinance in the manner and for the length of time prescribed by the law as an alternative method of publication.