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Council discusses higher tap and impact fees for development outside city limits

West Fork City Council · September 14, 2024
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Summary

West Fork council debated using higher tap or impact fees for development outside city limits that would connect to the city sewer to protect capacity for residents; city attorney said impact fees pay for new growth infrastructure and that charging higher rates outside limits is legally permissible but requires studies.

Council members discussed whether to impose higher tap or impact fees on developers connecting to West Fork's sewer from outside city limits to avoid depleting capacity intended for existing residents.

The mayor raised the idea after describing hypothetical acreage developments outside the city tying into West Fork sewer that could generate substantial revenue but also reduce system capacity for current residents. Council asked whether the city can charge higher fees for connections outside the city limits. The city attorney explained that impact fees are intended to pay for infrastructure needed to serve new development (not for operations or past maintenance) and that charging higher tap or impact fees outside the city can be legally permissible but is legally and administratively complex and typically requires professional studies to quantify capacity and costs (SEG 731-867).

Council members discussed practical constraints: tap fees are limited to the cost of making a physical tap, and impact fees require a study to justify how they are calculated and used. Members agreed to direct staff to gather information on current tap charges and to continue discussions, with the goal of having proposals prepared later in the year rather than implementing fees immediately.

No ordinance, fee schedule or binding decision was adopted at the meeting; discussion items were exploratory and staff follow-up was requested.