(a) 
Impact fees shall be collected and paid at the time of issuance of a building permit or, application for a water meter, for a new development.
(b) 
For a new development that received final plat approval before the effective date, 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 of this chapter; except additional impact fees shall be assessed in accordance with section 41.03.002(e) [section 41.03.003(e)] of this chapter when:
(1) 
A subsequent application(s) for a building permit is submitted more than one year after the effective date of this chapter; and
(2) 
The number of services units to be developed increases.
(c) 
For land that does not have to be platted, an impact fee may not be collected on any service unit for which a valid building permit is issued within one year after the effective date.
(d) 
The city shall compute the roadway impact fees to be paid and collected for the new development in the following manner:
(1) 
Determine the number of development units for each land use category in the new development using the land use equivalency table (LUVMET) then in effect.
(2) 
Multiply the number of development units for each land use category in the new development by the vehicle miles (per development unit) for each such land use category also found in land use equivalency table (LUVMET) then in effect to determine the number of service units attributable to the new development.
(3) 
The amount of roadway impact fees to be collected shall be determined by multiplying the number of service units for the new development by the roadway impact fee per service unit for the applicable service area and applicable land use and shall be collected with the issuance of a building permit.
(4) 
The amount of the roadway impact fees to be collected shall be calculated as described in section 41.02.003(c) of this chapter.
(5) 
If an agreement as described in section 41.04.001 of this chapter providing for offsets is entered, the amount of the offsets based on actual costs shall be deducted from the roadway impact fees as calculated above.
(e) 
Where an application for a building permit is for a “shell” or speculative building, the amount of the roadway impact fee shall be calculated assuming that the entire building will be used as either “general office,” “light industrial,” or “shopping center” as shown in the land use equivalency table (LUVMET). Where a subsequent application for a building permit is made for the finish-out of the shell building, or portion thereof, for the ultimate use, an additional roadway impact fee shall be assessed and collected if the ultimate use is different from “general office,” “light industrial,” or “shopping center.”
(f) 
An applicant may submit an alternative service unit computation based upon a trip generation study as defined by the Institute of Transportation Engineers for the proposed land use not included in the land use equivalency table (LUVMET).
(g) 
The city may enter into a payment agreement for impact fees based on administrative guidelines. All Impact fees shall be paid prior to the issuance of a building permit.
(h) 
The city shall compute the water and wastewater impact fees by water meter size. The amount of water and wastewater impact fees shall be collected as set forth in section 41.02.003(a) and (b) of this chapter.
(Ordinance 2020-O0136 adopted 10/27/2020)
(a) 
Pursuant to Texas Local Government Code chapter 395, a public school district is not required to pay an impact fee imposed under this chapter unless the board of trustees of the district consents to the payment of the fees by entering a contract with the city imposing the fees.
(b) 
Roadway impact fees will not be collected in service areas G and H.
(c) 
No additional roadway impact fee shall be assessed for existing, occupied buildings that:
(1) 
Are not being demolished;
(2) 
Have a change of use; and
(3) 
The total square footage is modified by less than 1,000 additional square feet.
(d) 
Affordable housing. Development that qualifies as affordable housing under 42 U.S.C. § 12745, as amended, and is participating in an affordable housing development program, is exempt from roadway impact fee collection. An applicant for affordable housing exemption shall make application for same by letter to the city engineer or his/her designee. The letter shall describe the development, its location and number of housing units, and shall include written verification from the responsible agency that the subject property is an active participant in an affordable housing development program as described above. If the fee is not paid and the affordable housing is not built or the development subsequently is not qualified as affordable housing, the city shall assess and collect the roadway impact fee that was applicable at the time of the issuance of the building permit(s) for the development.
(e) 
The City of Lubbock may spend funds from any lawful source to pay for all or part of the capital improvements or facility expansions to reduce the amount of impact fees.
(Ordinance 2020-O0136 adopted 10/27/2020)