The city may offset the improvements or funding for construction
of any system facility included on the identified capacity plans that
is required or agreed to by the city, pursuant to rules established
in this section and administrative guidelines. Any agreements entered
into hereunder shall be subject to the approval of the city council
of the City of Lubbock.
(1)
General credit.
The city shall apply against assessed
impact fees a credit equal to fifty percent (50%) of the total projected
cost of implementing the capacity plan. This credit is already reflected
in the maximum assessable impact fee.
(2)
Offsets by developer.
Before impact fees can be reduced
by offsets authorized under this section, the owner of the property
shall apply for offsets based on actual costs with the city. Unless
an agreement specifies otherwise, an offset associated with a plat
shall be applied when the first building permit is submitted and to
each subsequent building permit application to reduce the impact fees
due until the amount associated with the offset is exhausted.
(3)
Roadway offsets.
Any construction of, contributions
to, or dedications of roadway facilities that are system-related facilities
included on the identified capacity plans and that are agreed to or
required by the city as a condition of development approval shall
be offset against roadway facilities impact fees otherwise due from
the development.
(4)
Water offsets.
Any construction of, contributions to,
or dedications of water facilities that are system-related facilities
included on the identified capacity plans and that are agreed to or
required by the city as a condition of development approval shall
be offset against water facilities impact fees otherwise due from
the development.
(5)
Wastewater offsets.
Any construction of, contributions
to, or dedications of wastewater facilities that are system-related
facilities included on the identified capacity plans and that are
agreed to or required by the city as a condition of development approval
shall be offset against roadway facilities impact fees otherwise due
from the development.
(6)
No offsets for rights-of-way or easements.
Rights-of-way
and easements are not included in the study, and no offsets 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 city,
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.
(7)
Master planned projects.
Master planned projects, including
subdivisions containing multiple phases, and whether approved before
or after the effective date of the impact fee regulations, may apply
for offsets against impact fees for the entire project based upon
improvements or funds toward construction of system facilities, or
other capital improvements supplying excess capacity. Offsets shall
be spent within the same service area utilizing a methodology approved
by the city and be approved in an agreement.
(Ordinance 2020-O0136 adopted 10/27/2020)
