HomeMy WebLinkAboutResolution - 2024-R0148 - Policy, Developers To Be Credited For Impact Fees - 03/26/2024Resolution No. 2024-R0148
Item No. 5.51
March 26, 2024
RESOLUTION
WHERAS, the City Council of the City of Lubbock (the "Council") has adopted an impact fee
ordinance in Chapter 41 of the City of Lubbock Code of Ordinances (the "Ordinance") related
to development within the City of Lubbock (the "City") in accordance with Chapter 395 of the
Texas Local Government Code (the "State Law"); and
WHEREAS, the State Law requires cities to credit impact fees to certain developments when a
developer constructs a roadway when it is agreed to or required by the City as a condition of
development approval; and
WHEREAS, such credits encourage developers to construct roadways and provides increased
public safety by properly developing transportation infrastructure to meet the City's population
needs; and
WHEREAS, the construction of roadways by developers provides a savings for the City as the
cost of building roadways can be shared with developers rather than borne by the City alone; and
WHEREAS, permitting service credits to be applied across developments within a service area,
as that term is defined by the State Law, facilitates an expedited construction of an efficient and
safe transportation system within the City; and
WHEREAS, the City finds that there is a public purpose in, and hereby establishes, a policy to
permit developers to be credited for impact fees assessed in a service area for all developments
being constructed by a developer within that service area; NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager shall administer the Ordinance in accordance with the policy as set
forth above.
Passed by the City Council on March 26, 2024 , 2024.
(:ourtney Yaz, (;ity �ecretary
APPROVED AS TO CONTENT:
� �
W. Jarret Atkinson, City Manager
�7�Z�lil_�77aE.`�! IL�j��7 C7-u��.
�
Amy L. ims Deputy City ey
First Reading
A.pril 12, 2022
Ttem No. 8.19
ORDINANCE NO. 2022-00068
Second Reading
April 26, 2022
Item No. 7.21
AN ORDIIVANCE AMENDING CHAPTER 41, iMPACT FEES; ADOPTIlVG AN
UPDATED IMPACT FEE STUDY; UPDATII�IG ROADWAY YMPACT FEE
COLLEC'I'�ON RATES; ADDING A SECTION FOR ANNEXED AREA3; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, Chapter 395, Texas Loca� Government Code (the Statute) provides the
requirements and procedures for the adoption of land use assumptions, a capital impmvements
plan, and impact Fees; and
WHERF.AS, on October 27, 2020 the City Couacil of the City of Lubbock (the "City
Council'� adopted an �mpact Fe� Ordinance No. 2024-00�36; and
WHEREAS, since ordinanc� adoption, the City of Lubbock (the "City") has accepted
large areas of land as voluntary petition annexations from various landowners, thereby changittg
the size and boundaries of the City; and
WHEREAS, said increase necessitated an update to the capital improvemeats plan and
the service azeas for Roadway Impact Fees as well as an Impact Fee Ord'anance amendment to
address aay future annexations of praperly; and
WHEREAS, after notice of a public hearing was given, as required by the Statute, the
City Council held a publ�c hearing on March 22, 2022, to discuss an update to the capital
improvements plaa, Service Area n►ap, aad Impact Fee Ordinance a�nendments; and
WHEREAS, the City Council finds it to be in the best interest of the citizens of the City
of Lubbock to adopt and approve the amendments to the Impact Fees Ordinance herein; NOW,
TI�REFORE:
BE YT ORDAINED BY THE CITY COUNCII. OR T�YE CITY UF LUBBOCK:
SECTION �. THAT Section 41.02.401 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended as follows:•
Sec. 4I.OZ.001 Stndy adopted
The updated impact fee study dated December 2421 (which includes an updated Roadway
Service Area map) is hereby approved, adopted, and incorporated hereiin� for all purposes
consistent with this ch�apter.
SECTI4N 2. THAT Section 41.02.003(c) of the Code of Ordinances, City of Lubbock,
Texas is hereby a�mended as follows:
41.Q2.403. Impact Fees Adopted.
(c) A Roadway Impact Fee shall be assessed and charged against New Development in the
Service areas as set forth below. The number of service wuts applicable are identafied in the
LUVMET table contained within the atiopted study.
Roadway Max Roadway Impact Collection Rate Colle�tion Rats
Service Fee Per Service Unit
p�a Effective before (Updatad Study)
10/O1/2022*
Effective on or after
10/1/2022*
A $855 $439 $427.50
B $655 $327.50 $327.50
C $825 $412.50 $412.50
D $623 $319.50 $311.50
E $1,U I 1 $497.50 $505.50
F $1,188 $589.OQ $594
G $22 $0 $0
H $77 $0 $0
*** Impact Fee Yteductians for CoUection R�tes.
Roadway Impact Fees: Seruice Areas G 8t H shall receive a one hundred gercent (100%}
discount from the Maximum Impact Fee rate shown above in 3ec. 41.OZ.003(c} for all land uses.
Roadway Impact Fees: All other Service Areas shall receive a fifty percent (50%) discount from
the Maximum Impact Fee rate shown above in Sec. 41.02.003(c) far all land uses.
SECTION 3. THAT Section 41.03.003 af the Code o�f Ordinances, City of Lubbock, Texas
is hereby amended by adding a section, to be numbered 4t.03.003(g), which said section reads
as follows:
41.03.003. Assessment of Impact Fees
(g) Newly Annexed Territories: Upon annexatian, a newly annexed area shall be
immediately added into the nearest, adjacent Roadwa.y Service A�rea so long as in doing so the
Roadway Service Area still complies with the distance z+equiremeats in Chapter 395 of the Texas
Local Govemment Code. The collection rate shall be assessed at the rate of the existing Roadway
Service Area and may be adjusted upon a futnre study update.
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 Governtnent Code, a new unpact fee study shalt be cominenced as soon as possible,
and upon adogtion of an updated study, the Roadway Service Areas sha�l be adjusted to
incorporate the newly annexed area.
SECiION 4. THAT violation of any pmvision of this Ordinance shall be deemed a
misdemeanor punishable by a iine not to exceed applicable fines in accordance with Section
1.01.004 of the City Code of ()ndinances.
SECTION 5. THAT should any paragraph, sentence, clause, phrase or work of this
Ordinance be declared uncflnstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 6. THAT the City Sec�retazy is hercby authorized to cause publication of the
descriptive caption of this Ordinance as an aZternative method provided by law.
AND IT IS SO ORDE�D.
Passed by the City Council on first reading this 12th day of _ April , 2022.
Passed by the City Council on second reading this2�h day of 2022.
DANIEL M. POPE, MAYOR
ATTEST:
Garza, Cifiy
AS TO CONTENT:
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
Leisure, Assistant City Attorney
AmendOrd.impactFees 2022
3.29.22
First Reading
October 13, 2020
Item No. 7.7
ORDINANCE NO. ZQ20-OQ136
Second Reading
October 27, 2020
Item No. 7.13
Y ORDINANCE AMENDIIVG TITLE II BUILDINGS; DEVELOPMENT;
tOPERTY MAINTENANCE, OF THE CITY OF LUBBOCK CODE OF
�DINANCES, BY ADDING CHAPTER 41, IMPACT FEES; ESTABLISHING
ATER, WASTEWATER, AND ROADWAY IMPACT FEES PER SERVICE
JIT; ESTABLISHING PROCEDURES FOR THE ASSESSMENT,
)LLECTION, COMPUTATION, EXPENDITURE, REFUND AND GENERAL
)MINISTRATION OF IMPACT FEES; PROVIDING FOR THE
iTABLISHMENT OF ACCOUNTS FOR IMPACT FEES; ESTABLISHING AN
'PEAL PROCEDURE; ESTABLISHING EFFECTIVE DATES; PROVIDING
PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
1BLICATION.
WHEREAS, Chapter 395, Texas Local Government Code {the Statute) provides
requirements and procedures for the adoption of land use assumptions, a capital
rovements plan, and Impact Fees; and
WHEREAS, after notice of a public hearing was given as required by the 5tatute,
City Council held a public hearing on May 28, 2020 and continued on June 23, 2020,
by Resolution No 2020-R0211 approved the land use assumptions and capital
�rovements plan; and
WHEREAS, the Capital Improvement Advisory Committee (CIAC) of the City of
ubbock, created pursuant to the Statute, filed its written comments on the proposed Impact
ees before the fifth business day before the date of the public hearing on the imposition
f the Impact Fees; and
WHEREAS, aRer notice of a public hearing was given as required by the Statute,
City Council held a public hearing on October 6, 2020, to discuss the imposition of the
�act Fees by this ordinance with an effective date six months after the adoption of the
inance; and
WHEREAS, the City Council finds it to be in the best interest of the citizens of the
of Lubbock to adopt and approve the ordinance for Impact Fees herein; NOW,
BE IT ORDAINED BY THE CITY CUUNCIL OF THE CITY OF LUBBOCK:
f ONE. THAT the Code of Ordinances, City of Lubbock, Texas is hereby
by adding a Chapter to Article II, Buildings; Development; Property
1
Maintenance, to be numbered Chapter 41, Impact Fees, which said Chapter shall read as
follows:
ARTICLE 41.01 GENERAL PROVISIONS
41.01.001 Purpose.
This Chapter is intended to assure the provision of adequate public facilities to serve New
Development in the City by requiring each such development to pay its share of the costs
of such improvements necessitated by and attributable to such New Development.
41.01.002. Definitions.
Terms defined herein are specific to this Chapter and shall not be construed as conflicting
with similaz terms in other parts of the Code.
1. Assessment means the determination of the amount of the Maximum Impact Fee per
service unit which can be imposed on New Development pursuant to this Chapter.
2. Capital lmprovement means any water supply, treatment, and distribution; wastewater
collection and treatment, or roadway that has a life expectancy of three or more years and
is owned and operated by or on behalf of the City including the City's share of costs for
infrastructure and associated improvements designated on a City's master plan but
constructed by another entity.
3. Capacity Plans means a plan recommended by Capital Improvements Advisory
Committee and approved by the City Council that identifies capital improvements or
facility expansions for which Impact Fees may be assessed. This is the equivalent of the
capital improvements plans as described in the Texas Local Government Code 395.
4. Capital Improvement Advisory Committee (CIAC) means the advisory committee
created in compliance with the Texas Local Government Code Sec. 395A58.
5. City means the City of Lubbock, Texas.
6. City Council means the City Council of the City of Lubbock, Texas.
7. City Manager means the City Manager of the City of Lubbock, Texas, or his or her
designee.
8. Credit means an amount equal to 50 percent (SO%) of the total projected cost of
implementing the capital improvements plans in accordance with Sec. 395.014 of the Texas
Local Government Code. (Credit is not an offset or reduction, defined below.)
2
9. Efj`'ective date means June 1, 2021, except for Sections 41.02.003(a)&(b) which shall
be effective June 1, 2422.
10. Facility Expansion means the expansion of the capacity of an existing facility that
serves the same function as an otherwise necessary new capital improvement, in order that
the existing facility may serve New Development. The term does not include the repair,
maintenance, modernization, or expansion of an existing facility to better serve existing
development.
11. Fina! plat approval means the point at which the Owner has complied with all
conditions of approval in compliance with the City of Lubbock Code of Ordinances and
the plat has been teleased for filing with the County. This term applies to both original plats
and replats.
12. Impact Fee means a charge or assessment imposed as set forth in this Chapter against
New Development in order to generate revenue for funding or recouping the costs of
Capacity Improvements or facility expansions necessitated by and attributable to the New
Development.
The term includes amortized charges, lump-sum charges, capital recovery fees,
cantributions in aid of construction and any other fee that functions as described by this
Chapter. The term is inclusive of both the maximum assessable Impact Fee and the Impact
Fee collection rate as herein described. The term does not include:
a. Dedication of land for public parks or payment in lieu of the dedication to serve
park needs;
b. Dedication of rights-of-way or easements or construction or dedication of on-
site or off•site water distribution, wastewater collection or drainage facilities,
or streets, sidewalks, or curbs if the dedication or construction is required by a
valid ordinance and is necessitated by and attributable to the new development;
c. Lot or acreage fees to be placed in trust funds for the purpose of reimbursing
developers for oversizing or constructing water or sewer mains or lines; or
d. Other pro rata fees for reimbursement of water or sewer mains or lines extended
by the City.
3
An item included in the Capacity Plans may not be required to be constructed except in
accordance with Section 395.019(2) of the Texas Local Government Code, and an Owner
may not be required to construct or dedicate facilities and to pay impact fees for those
facilities.
13. Land Use Assumptions means a description of the service azea and projections of
changes in land uses, densities, intensities, and population in the service area over at least
a 10-year period.
14. Land Use Vehicle-Mile Equivalency Table or LUYMET are tables set forth in the
Impact Fee Study that provide the standardized measure of consumption or use of roadway
facilities attributable to a New Development. The LUVMET expresses the number of
service units consumed by each individual land use application as vehicle miles per
development unit based on regionalized Lubbock values.
15. Maximum Assessable Impact Fee means the Impact Fee that is established for each
service azea computed by calculating the total projected costs of capital improvements
necessitated by and attributable to New Development and subtracting a credit in
accordance with the Texas Local Government Code Sec. 395.015. The Maximum Impact
Fee shall be established and reflected in Sec. 41.02.OQ3 of this Chapter. The City may adopt
an Impact Fee collection rate that is less than this amount, but in no instance shall the
Impact �ee exceed the Maximum Assessable Impact Fee except by amendment of this
Chapter.
16. New Development means a project involving the subdivision of land and/or the
construction, reconstruction, redevelopment, conversion, structural alteration, relocation,
or enlargement of any structure, or any use or extension of the use of iand which has the
effect of increasing the requirements for capital improvements, measured hy an increase in
the number of service units.
17. Owner means an owner of real property, or an agent, employee, applicant or
representative thereof who is authorized to act on the real property owner's behalf, or a
person who is subject to and/or has paid an Impact Fee.
18. Offset means the aznount of a reduction of an Impact Fee reflecting the
value of any construction of, contributions to, or dedications of a system facility agreed to
or required by the city as a condition of development approval, pursuant to rules herein
established or pursuant to administrative guidelines which value shall be credited on an
actual cost basis against capital improvements. (O,,�set is not a"credit ", defined above).
19. Recoupment means the imposition of an Impact Fee that shall be paid to the City for
Capacity Improvements which the City has previously oversized lo serve New
Development.
4
20. Reduction means an amount of the Maximum Assessable impact Fee that can be
reduced in compliance with Sec. 41.02.003(c) of this Chapter.
21. Roadway Facilities means an arterial that has been designated on the adopted Master
Thoroughfaze Plan of the City, together with all necessary appurtenances (excluding rights-
of-way}. The term includes the City's share of costs for roadways and associated
improvements designated on the federal or Texas highway system, including iocal
matching funds and costs related to utility line relocation and the establishment of curbs,
gutters, sidewalks, drainage appurtenances, and rights-of way.
22. Service Area mcans the azea within the corporate boundaries of the City to be served
by the capital improvements or facilities expansions specified in the capacity
improvements plan. The map of City of Lubbock service areas adopted is contained
►ithin the Impact Fee Study, and incorporated herein.
a. For Water and Wastewater Impact Fees: one (1) service area covers the
corporate limits of the City of Lubbock.
b. For Roadway Impact Fees: the term means the geographic area(s) within
the City's corporate limits, which:
i. Do not exceed six miles, and
ii. In which Roadway Impact Fees shall be assessed for the cost of
New Development.
23. Service Unit means a standardized measure of consumption, use, generation, or
discharge attributable to an individual unit of development, calculated in accordance with
generally accepted engineering or planning standards, and based on historical data and
trends applicable to the City during the previous ten (10) years. {For water and
wastewater this is measured by meter size and for roadway this equals one vehicle mile of
travel in the afternoon peak hour of traffic and is also referred to as a"vehicle mile").
24. Site-Related Faciliry means an improvement or facility which is for the primary use
or benefit of a New Development, or which is for the primary purpose of safe and adequate
provision of roadway, water, or wastewater facilities to serve the New Development, and
which is not included in the capital improvements plan.
25. System-Related Facilily is designated in the capacity improvements plan for purpose
of Impact Fees. This term may include a capital improvement, which is located off-site,
within, or on the perimeter of the development site.
26. Wastewater Facility includes, but is not limited to, a wastewater interceptor or main,
5
lift station or other facility or improvement used for providing wastewater collection and
treatment included within the City's collection system for wastewater as illustrated on the
City's master plan. This term includes land, easements, or structures associated with such
facilities. This term excludes a site-related facility.
27. Water Facility includes, but is not limited to, a water interceptor or main, pump
station, storage tank, or other facility or improvement used for providing water supply,
treatment, and distribution service included within the City's water storage or distribution
system as illustrated on the City's master plan. This term includes, but is not limited to,
land, easements, or structures associated with such facilities. This term excludes
site-related facilities.
ARTICLE 41.02 STUDY AND FEES ADOPTED
41.02.{101. Study Adopted.
The Impact Fee Study dated October 6, 2020 is hereby approved, adopted, and incorporated
herein for all purposes consistent with this Chapter.
41.02.002. Service Areas.
For Water and Wastewater Impact Fees the City is included as onc (1) service area. For
Roadway Impact Fees, the City is hereby divided into eight (8) service areas as shown on
the official service area map identified within the adopted study. The official service area
maps, which, together with all explanatory matter thereon, are hereby adopted by reference
and declared to be a part of this chapter.
41.02.003. Impact Fees Adopted.
(a) A Wastewater Impact Fee shall be assessed and charged against New Development
in the service azea as set forth below.
Meter Size
(Based on Water
Meter}
1"
i .s„
Masimum
�mpact
Fee
$562
$1,124
6
Collection
Rate
$0 �
$a
2" $1,798 $0
3" $3,934 $0
4" $6,744 $0
6" $14,050 $0
8" $26,976 $0
10" $42,712 $0
�(b) A Water Impact Fee shall be assessed and charged against New Development in
the service azea as set forth below.
Wat�r Meter Size
1"
1.5"
2"
3"
4"
6"
g,�
10"
Maximum
Impact
Fee
$576
$1,152
$1,843
$4,032
$6,912
� 14,400
$27,648
$43,776
Collection
Rate
$0
$0
$0
$0
$0
$0
$0
$0
'(c) A Roadway Impact Fee shall be assessed and charged against New Development
in the service areas as set forth below. The number of service units applicable are
identified in the LUVMET table contained within the adopted study.
�
Maximum C��lection Co1lecNon
Service Fee Per �t� per Rate Far
�a Service Unit Single Non-Single
(per Yehicle- Family Family***
�iiile)
A $878 $439.00 $439.00
B $655 $327.50 $327.50
C $825 $412.50 $412.50
D $639 $319.50 $319.50
E $994 $497.50 $497.50
F $1,178 $589.00 $589.00
G $23 $0 $0
H $77 $0 $0
*** Impact Fee Redactions for Collection Rates.
Roadway Impact Fees: Service Areas G& H shall receive a one hundred percent {100%}
discount from the Maximum Impact Fee rate shown above in Sec. 41.02.003(c) for all land
uses.
Roadway Impact Fees: All other Service Areas shall receive a fifty percent (50%) discount
&om the Maximum Impact Fee rate shown above in Sec. 41.02.003{c) for all land uses.
ARTXCLE 41.03 REQUIREMENT AND ASSESSMENT
41.03.001. Im�act Fees Required.
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.
$
41.03.002. City Contribution on Projects Subject to Impact Fees.
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.
41.03.043. Assessment of Impact Fees
(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 et%ct 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 effectivc
date, assessment of Tmpact 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 af the Chapter, except as
provided for in Sec. 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 Tmpact 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 aze limited to the amount attributable to the additional
service units.
(� 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.
ARTICLE 41.04 CREDITS AND OFFSETS
41.04.001. Credits and Offsets Against Impact Fees.
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
E
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.
(a) 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 ptan. This
credit is already reflected in the Maximunn Assessable Impact Fee.
{b) Ofj"sets by developer. Before Impact Fees can be reciuced by offsets authorized
under this section, the owner of the property shall apply for offsets based on actuat costs
with the City. Unless an agreement specifies otherwise, an offset associated with a plat
shall be applied when the first building permit is submittec! and to each subsequent building
permit application to reduce the Impact Fees due until the amount associated with the offset
is exhausted.
(c} Roadway o.,8'sets. 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.
(d) Water offsets. Any construction of, contributions to, or dedications of water
icilities that are system-related facilities included on the identified capacity plans and
�at are agreed to or required by the City as a condition of development approval shall be
ffset against water facilities impact fees otherwise due from the development.
(e) 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 devetopment.
( fl 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 reyuired by the ordinances of the
City, necessitated by and attributable to a New Devefopment, and do not exceed the amount
required for infrastructure improvements that are roughly proportionate to the New
Development.
(g) 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.
10
ARTICLE 41.05 C4LLECTION AND EXEMPTYONS
41.05.001. Collection of Impact Fees.
(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 Sec. 41.03.002(e) of this Chapter when:
1. A subsequent application(s) for a building permit is submitted more than one
year afier 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 buildirtg 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 uni�s for each land use category in the
New Development by the vehicle miles (per development unit) for each such iand
use category also found in land use equivalency table (LUVMET) then in effect to
determine the number of service units attributable to the New Develapment.
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 azea and applicable Iand 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 Sec. 41.Q2.003(c) of this Chapter.
5. If an agreement as described in Sec. 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 catculated above.
1�
(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 thc entire building
will be used as either "General Office", "Light Industrial", or "Shopping Center" as shown
in the land use equivalency table (LiJVMET). Where a subsequent application for a
building permit is made for the finish-out of the sheil building, or portion thereof, for the
ultimate use, an additional Roadway Impact Fee shail be assessed and collected if the
ultimate use is different from "General Office", "Light Industrial", or "Shopping Center".
( fl An applicant may submit an alternative service unit computation bascd 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 Sec.
41.02.003{a) & (b) of this Chapter.
41.05.002. Impact Fce Exemptions.
(a) Pursuant to Texas Locat 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 additionat 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 ander 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
12
housing units, and shall include written veriftcation 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 thc capital improvements or facility expansions to reduce the amount of impact fees.
41.06 ADMINISTRATION
41.06.001. Administration of Impacts Fees
(a) The Tmpact 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) Tmpact 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 shalk 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 financia! 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.
( fl The City will present the financial records for Impact Fees to the Capital
Impravements Advisory Committee twice a yeaz and shall be open for public inspection.
41.06.002. Impact Fees as Additional and Supplemental Regulation
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
13
Thoroughfare Plan, Water Master Plan, Wastewater Master Plan, the Land Development
Code, and other City policies, ordinances and resotutions by which the City seeks to ensure
the provision of adequate public facilities in conjunction with the develapment of land.
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 et%ct without limitation with respect to ail such
development.
41.06.003. Update to Plans and Revision of Fees.
The City shal! update its Land Use Assumptions and Capacity plan based in accordance
with Texas Local Government Code Chapter 395.
The collection rates in Sec. 41.42.003 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.
41.06.004. Refunds, Rebates and Appeals
(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. Tn 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 appeai the applicability or amount
of the Tmpact Fee or the avaiiability of Offsets or Refunds to the City Manager or his/her
designee using the following:
14
1. Burden of proof. The burden of proof shall be on the owner to demonstrate
that the owner is entitled to relief.
2. Notice of appeal. Within 30 days following the decision being appealed, the
owner shall submit to thc 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. Cor�sideration 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 Sec.
41.46.004(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.
SECTION TWO. THAT the effective date of this ordinance shal! be June 1, 2021,
except for Sections 41.02.003(a)&(b) which shall have an effective date of June 1, 2022.
SECTION THREE. THAT violation of any provision of this Ordinance shail be
decmed a misdemeanor punishable by a fine not to exceed applicable fines in accordance
with Section 1.01.004 of the City Code of Ordinances.
SECTION FOUR. THAT should any paragraph, sentence, clause, phrase or work of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION FIVE. THAT the City Secretary is hereby authorized to cause publication of
the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 13th day of October , 2p2p.
15
Passed by the City Council on second reading this 2�th day of October , 2�2Q
DANIEL M. POPE, MAYOR
ATTEST:
'�� �.�. ��
. �, �
-�
APPROVED AS TO CONTENT:
�G
, Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
Leisure; Assistant City
AsPassed AmendOrd.ImpactFees
�o.2a.2a