(a) 
The impact fees collected within each service area may be used to finance, pay for or to recoup the costs of any capital improvements identified in the capacity plans for the service area, including the construction contract price, surveying and engineering fees.
(b) 
Impact fees may be used to pay for the contract services of an independent qualified engineer or financial consultant preparing or updating the capacity plans who is not an employee of the political subdivision.
(c) 
Impact fees also may be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvements in the capacity plans.
(d) 
The city’s finance department shall establish an account to which interest is allocated for each service area which interest earned on the impact fees shall be considered funds of the account and shall be used solely for the purposes authorized in this chapter.
(e) 
The city’s finance department shall maintain and keep financial records for impact fees which shows the source and disbursement of all fees collected in or expended from each service area to be provided in the semiannual report to the capital improvements advisory committee.
(f) 
The city will present the financial records for impact fees to the capital improvements advisory committee twice a year and shall be open for public inspection.
(Ordinance 2020-O0136 adopted 10/27/2020)
(a) 
Impact fees established by this chapter are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land or the issuance of building permits or certificates of occupancy. Such impact fees are intended to be consistent with and to further the policies of Plan Lubbock 2040, the Master Thoroughfare Plan, Water Master Plan, Wastewater Master Plan, the Land Development Code, and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of adequate public facilities in conjunction with the development of land.
(b) 
This chapter shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations and policies of the city, which shall be operative and remain in full force and effect without limitation with respect to all such development.
(Ordinance 2020-O0136 adopted 10/27/2020)
(a) 
The city shall update its land use assumptions and capacity plan based in accordance with Texas Local Government Code chapter 395.
(b) 
The collection rates in section 41.02.003 of this chapter may be amended without revising the land use assumptions and capacity plans at any time provided the public hearing process is followed as outlined in Texas Local Government Code chapter 395 and collection rates do not exceed the maximum assessable impact fees. Any update to the collection rate or impact fee ordinance shall require a public hearing following the process outlined with Texas Local Government Code chapter 395, including a collection rate review by the CIAC. The city council shall provide the CIAC with a minimum of sixty (60) days to review the requested ordinance changes. Any change to the impact fee collection rate shall go into effect six (6) months from the adoption date of the new collection rates.
(Ordinance 2020-O0136 adopted 10/27/2020)
(a) 
Refunds.
Upon payment of an impact fee any portion that is not expended in the service area within ten (10) years from the date of payment shall be refunded to the record owner of the property at the time the refund is paid in accordance with the Texas Local Government Code sec. 395.025. Impact fees shall be accounted for and expended on a first-in, first-out basis.
(b) 
Rebates.
In the event that after six (6) months of paying an impact fee, no vertical construction has occurred, and a modified or new application has not been filed, the city shall, upon written request, rebate that amount to the record owner of the property for which the impact fee was paid. No interest shall be paid on the rebate. If no written request for rebate pursuant to this subsection has been filed within this period, no rebate shall become due.
(c) 
Appeals.
The owner for new development may appeal the applicability or amount of the impact fee or the availability of offsets or refunds to the city manager or his/her designee using the following:
(1) 
Burden of proof.
The burden of proof shall be on the owner to demonstrate that the owner is entitled to relief in accordance with section 41.05.001(d).
(2) 
Notice of appeal.
Within 30 days following the decision being appealed, the owner shall submit to the city manager or his/her designee a written notice of appeal that states the basis for the appeal with particularity. To the extent the owner relies on any studies or other documents as evidence that the owner is entitled to relief, the owner shall submit such studies and documents with the notice of appeal.
(3) 
Resolution of appeal.
The city manager or his/her designee will respond to the appeal within 30 days of receipt of completed appeal packet as described above.
(4) 
Consideration of appeal by city council.
Following the determination of the city manager, the owner may petition the city council. The petition of appeal to city council shall be filed within 30 days of the city manager or his/her designee’s written decision on the appeal submitted in accordance with subsection (c)(2), above. To the extent that the city council’s action on the appeal requires the owner to pay an impact fee, the owner shall promptly pay the impact fee within five (5) business days after the city council’s action on the appeal. The city council’s action on the appeal shall constitute the city’s final decision on the matter appealed.
(Ordinance 2020-O0136 adopted 10/27/2020; Ordinance 2025-O0096 adopted 8/18/2025)