§ 35-C109. Regional Stormwater Management Program (RSWMP) Fees.
The following fees are established as fee-in-lieu of providing detention for participation in the regional stormwater management program of the City of San Antonio. When approved by the director of public works (requirements are defined in section 35-504) the fees must be paid before a subdivision plat is recorded for single-family and two-family (duplex) developments or a building or site work permit is released. For all other types of development associated with application for plat identification number/letters of certification or building permit application, as applicable, submitted on or after the effective date specified in table I, the fee will be based on 1) the proposed impervious cover identified in the accepted stormwater management plan for single-family and two-family (duplex) developments, 2) impervious cover identified in the building or site work permit for all other types of development, or 3) impervious area of the proposed construction of roadways and sidewalks not identified on the major thoroughfare plan.
Table I: Effective Date of RSWMP Fees
Development Type/Land Use Fee Effective April 1, 2013
(per sq. ft. of impervious cover)Fee Effective December 1, 2015
(per sq. ft. of impervious cover)Single-Family or Two-Family (Duplex) $0.15 $0.15 Multi-Family $0.15 $0.20 Industrial $0.15 $0.20 Commercial $0.20 $0.25 Public Facilities (including schools) $0.15 $0.20 All school projects funded through either a bond or maintenance tax note prior to April 1, 2013 are to be assessed 50% of the proposed fee. Inner City Reinvestment Infill Policy (ICRIP) - all land uses as approved by City Council on January 10, 2013 50% of proposed fee 50% of proposed fee Infill Development Zone (IDZ) - all land uses No fee No fee Impervious Cover Increases Less Than 100 Square Feet No fee No fee •Plats for which an Application for Plat Identification Number/Letters of Certification was submitted in accordance with Section 35-431 prior to April 1, 2013 shall be assessed fees per Ordinance 86711 dated September 25, 1997. •Projects for which fees were not assessed at the platting stage and for which a Building Permit Application was submitted prior to April 1, 2013 shall be assessed fees per Ordinance 86711 dated September 25, 1997. •Plats for which an Application for Plat Identification Number/Letters of Certification was submitted in accordance with Section 35-431 on or after April 1, 2013 and prior to December 1, 2015 shall be assessed fees per the rates effective April 1, 2013. •Projects for which fees were not assessed at the platting stage and for which a Building Permit Application was submitted on or after April 1, 2013 and prior to December 1, 2015 shall be assessed fees per the rates effective April 1, 2013. In the event a developer fails to have the plat released for recordation within two (2) years of being assigned a Plat ID Number, the RSWMP fee in effect at the time of plat release will apply.
Development types for public rights-of-way (with the exception of roadways on the major thoroughfare plan) shall be equivalent to the adjacent development type(s). Where development types are different from one side of the right-of-way to the other, each development type shall be assumed to extend to the centerline of the right-of-way fronting, adjacent, and/or abutting the development. Roadways on the major thoroughfare plan shall be exempt from payment of RSWMP fees.
For redevelopment projects, the RSWMP fees will only be assessed for the increase in impervious cover based on the land use categories and fees in table I. No refunds will be provided for any reductions in impervious cover or if the calculated difference is less than previous fees paid.
In a case where the fees were not previously assessed, but will be assessed at the permit stage, the fees in effect at the time the permit application is submitted will apply to the building or site work permit.
For mixed use developments, the predominant land use shall be used to determine the fee rate category.
Low impact development (LID) features and open drainage channels lined with impervious material are considered as pervious areas for the purpose of determining the RSWMP fees.
RSWMP fees shall be paid at either the platting stage or at the building permit stage. Proof of payment of RSWMP fees will be required for development projects outside the city limits and in the city's extra territorial jurisdiction (ETJ). No building and site work permit authorizations will be issued in the ETJ without proof of payment of RSWMP fees to the City of San Antonio.
(Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2013-01-31-0074, §§ 3, 4, 1-31-13)