No final plat for new development shall be released for recordation
and no building permit shall be issued without the assessment and
payment of applicable impact fees pursuant to this chapter. Except
as otherwise provided in this chapter, no building permit shall be
issued until the owner has paid the City of Lubbock all applicable
impact fees due.
(Ordinance 2020-O0136 adopted 10/27/2020)
The city shall be responsible for the cost delta of approved
projects funded by collected impact fees in an amount ratable to the
amount of impact fees collected by service area.
(Ordinance 2020-O0136 adopted 10/27/2020)
(a)
Assessment of the impact fees for any new development shall be based
on the applicable impact fees per service unit in the applicable service
area in effect at the time of assessment. No act by the city is required
to assess impact fees.
(b)
For a new development which has received final plat approval before the effective date, assessment of impact fees shall occur on the effective date and shall be the amount of the maximum impact fee. No impact fees shall be paid by new development if the building permit is issued within one year after the effective date of the chapter, except as provided for in section 41.05.001(b) of this chapter.
(c)
For land that is not required to be platted at time of the application
for a building permit or water meter, assessment of impact fees shall
be assessed at the time of application for building permit or water
meter and shall be the amount of the maximum assessable impact fee
per service unit then in effect.
(d)
For a new development which has received final plat approval on or
after the effective date of this chapter, assessment of impact fees
shall be assessed at the time of final approval of the final plat.
(e)
After assessment of the 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 the increase in the number of service units, the impact
fees to be assessed are limited to the amount attributable to the
additional service units.
(f)
The city engineer, or his or her designee, shall compute the impact
fees for new development. The total amount of impact fees assessed
for the new development shall be attached to the development application,
and payment of the impact fees shall be required as a condition of
approval.
(g)
Newly annexed territories.
(1)
Upon annexation, a newly annexed area shall be immediately added
into the nearest, adjacent roadway service area so long as in doing
so the roadway service area still complies with the distance requirements
in chapter 395 of the Texas Local Government Code. The collection
rate shall be assessed at the rate of the existing roadway service
area and may be adjusted upon a future study update.
(2)
In the event that said addition to the nearest, adjacent roadway
service area brings that roadway service area out of compliance with
the distance requirements in chapter 395 of the Texas Local Government
Code, a new impact fee study shall be commenced as soon as possible,
and upon adoption of an updated study, the roadway service areas shall
be adjusted to incorporate the newly annexed area.
(Ordinance 2020-O0136 adopted 10/27/2020; Ordinance 2022-O0068 adopted 4/26/2022)
