(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)