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HomeMy WebLinkAboutORD1291ORDINANCE NO.1291 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING APACHE JUNCTION CITY CODE,VOL.II,LAND DEVELOPMENT CODE,BY REPEALING CHAPTER 7,ARTICLE 7-1,DEVELOPMENT FEES;AND ADOPTING BY REFERENCE A NEW CHAPTER 7,ARTICLE 7-1,DEVELOPMENT FEES;ESTABLISHING AN EFFECTIVE DATE;REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. WHEREAS,the City intends for new development to pay for its "proportionate share"of the capital costs associated with infrastructure needed to serve City residents:and WHEREAS,municipalities in Arizona have broad authority to impose development fees under Arizona Revised Statutes § 9-463.05:and WHEREAS,the imposition of development fees is one of the preferred and most direct methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate new development:and WHEREAS,the City originally adopted development fees for roads, police,parks,and library and municipal building facilities in December,1996,amended them in February,1998,August,2002 and November 2005:and WHEREAS,the City .entered into a contract with TischlerBise Consultants to assist the City in updating the existing development fees and to determine the maximum development fees;and WHEREAS,in January 2007,TischlerBise Consultants prepared a report entitled "Development Fee Study",which sets forth methodology and analysis for the determination of the impact of new development on the need for and costs for.additional roadway,police,park,library, and municipal building facilities;and . WHEREAS,A.R.S.§9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ORDINANCE NO.1291 PAGE 1 OF 3 ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; WHEREAS,pursuant to A.R.S.§§9-801 (1)and 9-802,codes which may be adopted by reference include those relating to development fees; and WHEREAS,City staff has determined that for administrative efficiency,i t is more appropriate to update the current development fees by repealing Chapter 7,Article 7-1 in its entirety,and replacing i t with an updated Chapter 7,Article 7-1,to include the Development Fee Study referenced above. THEREFORE.BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.THAT: SECTION I .IN GENERAL A)That certain document entitled "Amendments to Apache Junction City Code Volume II,Land Development Code,Chapter 7,Article 7-1 Development Fees",three copies of which are on file in the Office of the City Clerk of the City of Apache Junction,Arizona,which document was made a public record by Resolution No.-07-12 of the City of Apache Junction,Arizona,; is hereby referred to,adopted and made a part hereof as if fully set out in this Ordinance. SECTION II.EFFECTIVE DATE The provisions of this Ordinance and public record adopted herein are effective beginning June 19,2007. SECTION III.REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed. ORDINANCE NO.1291 PAGE 2 OF 3 SECTION IV.PROVIDING FOR SEVERABILITY I f any section,subsection sentence,phrase,clause or portion of this Ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction,such decision,shall not .affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 20TH DAY OF MARCH,2007. SIGNED AND ATTESTED TO THIS 20TH DAY OF MARCH,2007. DOUGLAS C LEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: sar.Q-.„73 R.JOEL STERN City Attorney ORDINANCE NO.1291 PAGE 3 OF 3 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 7 ARTICLE 7-1 DEVELOPMENT FEES ARTICLE 7-1-1 DEVELOPMENT FEES -GENERAL PROVISIONS A.Title, Purpose, and Administration 1.This Article 7-1 of the Land Development Code shall be known as the "Development Fee Ordinance," and may be referred to herein as "this Ordinance." 2.This Ordinance assesses development fees to offset the costs to the City associated with providing necessary public services to a development.The fees shall: 1) result in a beneficial use to the development, 2) bear a rational relationship to the burden of the developer, and 3) be assessed in a non-discriminatory manner.The development fees to be paid by each new development pursuant to this Ordinance are to be proportional to the impact that the new development will have on the types of facilities for which the fees are charged. 3.The City official with primary responsibility for administering this Ordinance is referred to herein as the "Development Fee Administrator."The Development Fee Administrator shall be the Director of Development Services unless another person is so designated by the City Manager.The Development Fee Administrator may delegate authority conferred by this Ordinance to other City staff. B.Applicability The collection of development fees shall apply to all new development in the City, unless otherwise provided herein. Until any development fee has been paid in full, no building permit, electrical permit, certificate of compliance, certificate of occupancy, or other permit for any development shall be issued.A stop work order shall Article 7-1 Development Fees Page 1 of 38 be issued by the Building Official on any development for which the applicable development fee has not been paid in full. 1.Park and open space and library development fees shall apply only to new residential development. 2.The movement of a structure onto a lot or parcel shall be considered development and shall be subject to the development fee provisions, unless otherwise provided herein. 3.The residential categories for Development Fee collection are as follows: a.single-family, detached residential units, including site -built, manufactured, and modular; b.mobile and manufactured home and recreational vehicle spaces in a designated park; and c.individual dwelling units in a multi -family dwelling unit project. 4.Development fees for mobile/manufactured home and recreational vehicle parks shall be assessed for the entire development, based on the number of mobile home and recreational vehicle spaces created at the time of application for the first building, electrical or other permit for the development.No additional development fees shall be assessed on subsequent building or electrical permits in the mobile home or recreational vehicle park unless additional spaces are created.Development Fees for mobile/manufactured homes placed on single parcels shall be assessed in the same manner as site -built or conventional homes. 5.The development fee provisions shall not apply to the following actions: a.placing on a lot or parcel in the City a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office; Article 7-1 Development Fees Page 2 of 38 b.expansion, upgrade, repair or replacement of an existing residential dwelling unit on a lot or parcel with a legal, conforming, residential dwelling unit or structure; and c.any development, including but not limited to, the mere subdivision of land, installation of utilities, or the use of land for limited recreational, agricultural, filling or dredging purposes which, in the opinion of the Development Fee Administrator, will not result in a net increase of more than one (1) one-way Average Daily Trip. C.Service areas 1.The following development fee services are hereby established: a.for the purpose of road development fees, the service area shall be all of the incorporated area of the City; b.for the purpose of police development fees, the service area shall be all of the incorporated area of the City; c.for the purpose of park and open space development fees, the service area shall be all of the incorporated area of the City; d.for the purpose of library development fees, the service area shall be all of the incorporated area of the City and; e.for the purpose of municipal building development fees, the service area shall be all of the incorporated area of the City. 2.Development fees shall be assessed only on new development located within the service area. 3.Development fees collected within theiservice area shall be spent within the service area -' Article 7-1 Development Fees Page 3 of 38 4.The appropriateness of the designation and boundaries of the service areas shall be reviewed by the City as part of the development fee revision process set forth in Section 7-1-1.0 Updates and Revisions of the Development Fees.Following such review and a public hearing, the services areas may be amended. D.Reserved E.Calculation of Development Fees Based on Fee Schedule 1.Unless an applicant requests an individual assessment as set forth in the following subsection, the development fees shall be calculated for the proposed development based on any plan approval and/or permit allowing the use, according to the applicable fee schedule. 2.The following development fee schedules have been adopted by City Council ordinance and are incorporated herein by reference: 7-1-2.A); 7-1-3.A); a.Road Development Fee Schedule (see also Section b.Police Development Fee Schedule (see also Section c.Park and Open Space Development Fee Schedule (see also Section 7-1-4.A); d.Library Development Fee Schedule (see also Section 7-1-5.A); e.Municipal Building Development Fee Schedule (see also Section 7-1-6.A). 3.The land uses specified in the development fee schedules shall be interpreted as follows: a.Single-family Detached shall include "dwelling, single-family" as defined in § 5.0101 of the City Zoning Ordinance.The definition includes mobile Article 7-1 Development Fees Page 4 of 38 and manufactured homes when located on a platted lot outside of a mobile home park. b.Mobile Home shall include "mobile home" and "manufactured home" as defined in § 5.0101 of the City Zoning Ordinance and as defined in A.R.S. § 41-2142(29), and shall be interpreted as the creation of a new mobile home or recreational vehicle (as defined in A.R.S. § 41-2142(29)) space in a mobile home or recreational vehicle park. c.Assisted Living Facility shall include multi- family dwelling units used or designed to be used by older persons, persons with disabilities or other persons needing assistance with day-to-day living matters, but not including nursing homes, hospitals or convalescent care facilities. d.Multi -family shall include any "dwelling unit" as defined in Section 5.0101 of the City Zoning Ordinance that does not fit the definition of Single-family Detached, Mobile Home, or Assisted Living Facility. e.Nonresidential land uses in the road, police, and municipal building development fee schedules shall be defined according to the descriptions of land uses in the most current edition of Trip Generation,published by the Institute of Transportation Engineers, provided that retail uses not separately identified shall be classified in the shopping center category, and institutional uses not separately identified shall be classified in the general office category. 4.The units of development specified in the fee schedule shall be interpreted as follows: Article 7-1 Development Fees Page 5 of 38 a.a dwelling shall be interpreted as "dwelling unit" as defined in Section 5.0101 of the City Zoning Ordinance, provided that it shall also be interpreted as the creation of a new mobile home or recreational vehicle space in a mobile home or recreational vehicle park, and b.building square footage shall be measured in terms of gross floor area, measured from the outside surfaces of the building walls. 5.For categories of uses not specified in the applicable development fee schedule, the Development Fee Administrator shall apply the category of use set forth in the applicable fee schedule that he or she deems to be most similar to the proposed use. 6.If any plan or permit approval for the proposed development indicates a mix of uses in the development, the development fees shall be calculated separately for each use and the results aggregated. 7.For an addition, or to remodel or replace existing structures, or for a change of use to an existing structure, the development fee to be paid shall be the difference, if any, between: a.the fee, if any, that would be payable for existing development on the site or, in the case of demolition or removal of a structure, the previous development on the site, provided that the demolition or removal has occurred within one (1) year of the date of submittal of the application for which development fees are assessed; and b.the fee, if any, that' would be payable for the total development on the site after the new development. 8.After receiving a written request of an applicant, the Development Fee Administrator shall provide an estimate of the current fee based on the data provided by the applicant.However, such estimate does not establish any vested rights to build or develop the property. Article 7-1 Development Fees Page 6 of 38 F.Individual Assessment of Development Fees If any applicant believes that the impact of the proposed development will be substantially less than would be indicated by using the fee schedule, such person may request to perform an individual assessment of the impact of the proposed development at their own cost.A request for an individual assessment must be made before submitting an application for a building permit. 1.The individual assessment shall be subject to the following special standards and procedures: 1-2.B); 7-1-3.B); 7-1-5.9); a.Road Development Fees (as set forth in Section 7- b.Police Development Fees (as set forth in Section c.Park and Open Space Development Fees (as set forth in Section 7-1-4.B); d.Library Development Fees (as set forth in Section e.Municipal Building Development Fees (as set forth in Section 7-1-6.B): 2.If the Development Fee Administrator accepts the computations of the individual assessment under this Section, the applicable fee shall be determined from the individual assessment. G.Collection of Development Fees • 1.Except as set forth in the following paragraph, the development fees for all new development shall be calculated and collected in conjunction with the application for the first building permit or electrical permit, certificate of compliance or occupancy, or other permit subsequent to development plan approval for such development, whichever occurs first in time. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees Article 7-1 Development Fees Page 7 of 38 which the Council has passed but have yet to go into affect. At the time the development fees are paid in full shall be the same time that a permit shall be issued. 2.For other uses not ultimately requiring a building permit, electrical permit, certificate of compliance or occupancy, or other permit, the fee shall be calculated and collected at such time as determined by the Development Fee Administrator.However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the Council has passed but have yet to go into affect. At the time the development fees are paid in full shall be the same time that a permit shall be issued. H.Fund Accounting for Development Fees 1.The City Finance Department shall establish a separate accounting fund in which the development fees collected for a particular type of facility within the service area shall be credited.Such fees shall be invested by the City and the yield on such fees, at the actual rate of return to the City, shall be credited to such accounting fund periodically in accordance with the accounting policies of the City. Such funds need not be segregated from other City monies for banking purposes. 2.Any yield on such accounting fund into which the fees are deposited shall accrue to that fund and shall be used for the purposes specified for such fund. 3.The City Finance Department shall maintain and keep financial records for such accounting fund showing the revenues to such fund and the disbursements from such fund, in accordance with normal City accounting practices.The records of such fund shall be open to public inspection in the same manner as other financial records of the City. Article 7-1 Development Fees Page 8 of 38 I.Expenditure of Development Fees Development fees may only be spent on qualifying improvements, as follows: 1.Road Development Fees shall be spent as set forth in Section 7-1-2.C; 2.Police Development Fees shall be spent as set forth in Section 7-1-3.C; 3.Park and Open Space Development Fees shall be spent as set forth in Section 7-1-4.C; 4.Library Development Fees shall be spent as set forth in Section 7-1-5.C; 5.Municipal Building Development Fees shall be spent as set forth in Section 7-1-6.C. J.Refunds of Development Fees 1.Any development fee or portion thereof collected pursuant to this Ordinance which has not been committed for a use permitted by Section 7-1-1.1 Expenditure of Development Fees,within seven (7) years from the last day of the fiscal year in which it was received by the City, shall be refunded to the current record owner of the property on file at the County Recorder's Office upon written application on a form prescribed by the Development Fee Administrator. Development fees shall be deemed to be "committed" in the order in which they are received by the City.The refund shall include accrued interest at the rate of return on investments earned by the City on such amount.In disbursing such funds, the City may rely on the written certification of the current record owner of the property as to his or her entitlement to the refund, in the absence of a written assertion by another party that such proposed payee is not the proper payee.If in doubt, the City may deposit such funds in an appropriate court for disposition as the court may determine.In such event, the City may deduct, from the funds deposited, an amount equal to the reasonable cost of causing the funds to be Article 7-1 Development Fees Page 9 of 38 deposited with the court, including reasonable attorneys fees.Failure to file a refund request with the Development Fee Administrator more than six months from the date the development fee was paid to the City shall be deemed waived by the applicant 2.The applicant may apply for a refund of the development fee and accrued interest in writing within sixty (60) calendar days after the expiration of the building permit or other approval (or any extension thereof) on which it was assessed if no construction has commenced within the allowable building permit period. 3.The city shall charge an administrative fee for verifying and computing the refund of three percent (3%) the amount of the refund. K.Offsets to Development Fees Offsets, which are reductions from the development fee that would otherwise be due from a development, shall be subject to the following provisions. 1.An offset shall be applied against development fees otherwise due for qualifying improvements, as defined in Section 7-1-1.1 Expenditure of Development Fees, that are required to be made by a developer as a condition of development approval. 2.Offsets shall be allowable and payable only to offset development fees otherwise due for the same category or improvements and shall not result in reimbursement from nor constitute a liability of the City. 3.Offsets shall be given only for the value of any construction of improvements or contribution or dedication of land or money by a developer or his or her predecessor in title or interest for qualifying improvements of the same category for which a development fee was imposed.Offsets shall not be provided against road development fees for dedication of rights -of -way since land costs were not included in the development fee calculations. Article 7-1 Development Fees Page 10 of 38 4.The person applying for an offset shall be responsible for providing appraisals of land and improvements, construction cost figures, and documentation of all contributions and dedications necessary to the computation of the offsets claimed.The Development Fee Administrator shall prepare an analysis and response to the offset claim and submit both to the applicant.The Development Fee Administrator shall have the final decision with regard to approval or denial of an offset claim, subject to appeal to the City Council as set forth in 7-1-1(M), below. Approvals may be all or in -part. 5.The value of land dedicated or donated shall be based on the appraised land value of the parent parcel. A land value is based on the date of transfer of ownership to the City. A certified appraiser who was selected and paid for by the applicant and who used generally accepted appraisal techniques shall determine the value.If the City disagrees with the appraised value, the City may hire another appraiser at the City's expense and the value shall be an amount equal to the average of the two appraisals.If either party rejects the average of the two appraisals, a third appraisal shall be obtained, with the cost of such third appraisal being shared equally by the property owner and the City.The third appraiser shall be selected by the first two appraisers, and the third appraisal shall be binding on both parties. 6.Offsets provided for qualifying improvements meeting the requirements of this Section shall be valid from the date of approval until seven (7) years after the date of approval or until the last date of construction within the project, whichever occurs first. 7.The right to claim offsets shall run with the land and may be claimed only by owners of property within the development for which the qualifying improvement was required. 8.Any claim for offsets must be made in writing no later than the time of submittal of a building permit application or application for another permit that is Article 7-1 Development Fees Page 11 of 38 subject to development fees.Any claim not so made shall be deemed waived. L.Developer Agreements for Development Fees 1.Where a development includes or requires a qualifying improvement as defined in Section 7-1-1.1 Expenditure of Development Fees,the City and the developer may agree in writing to have the developer participate in the financing or construction of part or all of the qualifying improvements.Such agreement may provide for cash reimbursements, offsets, or other appropriate compensation to the developer for the developer's participation in the financing and/or construction of the improvements. 2.The agreement shall include: a.the estimated cost of the qualifying improvements, using the lowest responsive bid by a qualified bidder, which bid is approved by the Development Fee Administrator; or, if no bid is available, the estimated cost certified by a licensed Arizona engineer and approved by the Development Fee Administrator; b.a schedule for initiation and completion of the improvement; c.a requirement that the improvement be designed and completed in compliance with any applicable City ordinances; and d.such other terms and conditions as deemed necessary by the City. M.Relief Procedures and Hearings The developer who owes, has paid a development fee, or disputes the offset amount determined by the Development Fee Administrator may appeal to the Mayor and City Council. Such appeal must be filed with the Development Fee Administrator in writing: 1) within (30) calendar days after the date the City notified the developer of an assessment or offset determination; or 2) within thirty Article 7-1 Development Fees Page 12 of 38 (30) calendar days after the developer paid the development fee.In either case, any building permit issued before the appeal is filed shall be considered stayed' until after the appeal process has concluded.Any work in progress completed during the appeal process shall be performed at the developer's own risk.Failure to pay the development fees as determined on appeal shall result in the withholding by the City of the Certificate of Occupancy of Developer's project.The City Council must hold a hearing on the appeal within forty-five (45) calendar days after received by the Development Fee Administrator.The Council's failure to hold a public hearing within the forty-five (45) calendar days absent a continuance request by the developer, shall result in the developer's position prevailing over the City's.The decision of the Mayor and City Council shall be considered the final administrative decision of the City. N.Development Fee as Supplemental Regulation to Other Financing Methods 1.Except as herein otherwise provided, development fees are in addition to any other requirements, taxes, fees, or assessments imposed by the City on development or the issuance of building permits or certificates of occupancy which are imposed on and due against property within the jurisdiction of the City. Development fees are intended to be consistent with the City's Comprehensive Plan, Capital Improvements Program, Land Development Code, and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of capital facilities in conjunction with development. 2.In addition to the use of development fees, the City may finance qualifying capital improvements through the issuance of bonds, the formation of assessment districts or any other authorized mechanism, in such manner and subject to such limitations as provided by law. 0.Updates and revisions of the Development Fees Article 7-1 Development Fees Page 13 of 38 1.Not less often than every three (3) years, the Planning and Zoning Commission, following a public hearing, shall review and, if warranted, recommend changes in the schedules of development fees.Factors to be considered may include, without limitation, past and projected growth in residential and nonresidential development, qualifying improvements actually constructed, changing levels of service, revised cost estimates for qualifying improvements, changes in the availability of other funding sources, changes in demand generation characteristics, sources of non -City funds and such other factors as may be relevant. 2.On January 1st, following each calendar year during which the development fee schedules have not been updated to reflect changes in construction costs, the Development Fee Administrator shall prepare updated development fee schedules to reflect changes in average construction costs as provided herein.The Development Fee Administrator shall also calculate updated net costs per service unit to be used in individual development fee calculations using the same procedure.The proposed revisions shall then be presented to the Mayor and City Council for action. a.The fees in the development fee schedules and the net costs •per service unit shall be multiplied by the following Construction Cost Factor. b.The Construction Cost Factor shall be the ratio of the most current quarterly national Construction Cost index (CCI) published by Engineering New -Record magazine, divided by the CCI for the same quarter of the previous year. In the event that the CCI ceases to be published, the Construction Cost Factor shall be calculated in a comparable manner using the national Consumer Price Index, and All Urban Consumers published by the U.S. Census Bureau. SECTION 7-1-2 ROAD DEVELOPMENT FEES A.Road Development Fee Schedule Article 7-1 • Development Fees Page 14 of 38 At the option of the applicant, the road development fee may be calculated based on the adopted road development fee schedule.The Development Fee Administrator shall determine the land use category in the fee schedule that best represents the proposed use in terms of trip generation characteristics.In the event that the Development Fee Administrator determines that the land use categories, trip generation rates, or primary trip factors in the fee schedule do not accurately reflect the proposed development, the Development Fee Administrator shall determine the fee based on the land use categories, trip generation rates or equations and/or primary trip data contained in the most current edition of the Institute of Transportation Engineers Trip Generation manual ("ITE manual").The Development Fee Administrator shall make the determination of the appropriate land use category, trip generation rate, or equation and primary trip factor, based on the appropriateness and quality of the data, guidelines for determining whether to use trip generation rates or equations set forth in the ITS manual, and other relevant considerations.Once the appropriate land use and travel demand factors have been determined, the Development Fee Administrator shall calculate the fee using the following formula. FEE = VMT x NET COST/VMT VMT = TRIPS x PERCENT NEW x LENGTH 2 NET COST/VMT = COST/VMT CREDIT/VMT COST/VMT = COST/VMC x VMC/VMT Where: VMT = Vehicle -miles of travel placed on the major roadway system during and average week day TRIPS = Average daily trip ends PERCENT NEW Article 7-1 Development Fees Page 15 of 38 = Percent of trips that are primary trips, as opposed to pass -by or diverted -link trips LENGTH = Average length of trip on major roadway system 2 = Avoids double -counting trips for origin and destination COST/VMC = Average cost to create a new vehicle- mile of capacity (VMC) VMC/VMT = The system -wide ratio of capacity to demand on the major roadway system CREDIT/VMT = Revenue credit per VMT B.Individual Assessments of Road Development Fees 1.The Road Development Fee shall be calculated based upon individual assessment.An individual assessment shall be at the cost of the applicant and shall be prepared by a qualified traffic engineer firm. 2.The traffic study shall be signed by the traffic engineer submitting the assessment and shall include, without limitation, the following elements: a.a projection of the number of vehicular trips entering and departing from the project during an average weekday; b.if the site is already developed, and some or all of the existing development will be replaced by the completed project, a calculation of the number of vehicular trips for that portion of the existing development which will be replaced by the completed project; c.the percentage of those trips identified in (a.) and (b.) above which are "primary trips" (as opposed to "pass -by trips" or "diverted -link trips" for which the project is not the primary destination); d.the average length of those trips on the City's major roadway system; Article 7-1 Development Fees Page 16 of 38 e.the assumptions and conclusions from which any projections are made; if the assumptions or conclusions are derived from the current edition of the ITE manual or other standard reference materials, the materials shall be identified and appropriate excerpts or specific references provided; otherwise, the reasoning underlying the assumptions and conclusions shall be clearly stated in writing; and f.such information as the Development Fee Administrator shall reasonably request. C.Use of Road Develo ment Fees 1.The revenues from road development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying major roadway improvements, as determined by the City Council. 2.Qualifying road improvements are limited to improvements to the City's major roadway system.The City's major roadway system consists of all City- maintained roadways or portions thereof that are classified as collectors or arterials by the City of Apache Junction's adopted Street Classification Plan on file within the Public Works Department.. 3.Qualifying improvement costs include project engineering costs; the construction cost of improvement, including, but not limited to, street travel lanes, public pedestrian and bicycle pathways, turning lanes, lighting, signalization, signage and landscaping improvements that are required for the roadway improvement to function effectively; and the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the City to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the transportation portion of the Capital Improvements Program and in updating the road development fee computations. Article 7-1 Development Fees Page 17 of 38 4.Monies collected as road development fees shall not be used to pay for any of the following: streets; a.construction, acquisition or expansion of public facilities other than qualifying road improvements; b.retirement of debt incurred for road facilities constructed before to March 1, 1997; c.road improvements, such as acceleration.or deceleration lanes, that primarily serve, or are needed to mitigate the impacts of an individual development; d.repair, operation or maintenance of existing e.city personnel and consultants hired for purposes other than those expressly permitted under Section 7-1-2.C, subsections 1 and 2 above; f.streets and related transportation improvements that are within or adjacent to, and intended to serve only, a specific development such as a new residential subdivision; or g.acquisition of land or rights -of -way.Land costs are not included in the road development fee calculations and no development fee funds shall be expended on right-of-way acquisition, nor shall offsets against road development fees be provided for dedication of rights -of -way. SECTION 7-1-3 POLICE DEVELOPMENT FEES A.Police Development Fee Schedule At the option of the applicant, the police development fee may be calculated based on the adopted police development fee schedule.The Development Fee Administrator shall determine the land use category in the fee schedule that best represents the proposed use in terms of functional population characteristics.In the event that the Development Fee Administrator determines that the Article 7-1 Development Fees Page 18 of 38 nonresidential land use categories in the fee schedule do not accurately reflect the proposed development, the Development Fee Administrator shall determine the fee based on the land use categories, trip generation rates or equations, average vehicle occupancy and/or other data contained in the most current edition of the ITE manual or other appropriate source.The Development Fee Administrator shall make the determination of the appropriate land use category, trip generation rate or equation and other factors based on the appropriateness and quality of the data, the guidelines for determining whether to use trip generation rates or equations set forth in the ITE manual, and other relevant considerations.Once the appropriate land use, trip generation and other factors have been determined, the Development Fee Administrator shall calculate the fee using the following formula: FEE =Functional population/1000 sf x Net Cost per Functional Population Where: Functional population/1000 sf (employee hours/1000 sf +visitor hours/1000 sf)+16 hours/day Employee hours/1000 sf =employees/1000 sf x 10 hrs/day Visitor hours/1000 sf =visitors/1000 sf x 1 hour/visit Visitors/1000 sf =weekday ADT/1000 sf x avg. Vehicle occupancy employees/1000 sf Weekday ADT/1000 sf =one-way average daily trips (total trip ends 2) Net Cost per Functional Population shall be $99.11, unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development. B.Individual Assessments of Police Development Pees Article 7-1 Development Fees Page 19 of 38 1.The Police Development Fee may be calculated based upon individual assessment.An individual assessment shall be at the cost of the applicant and shall be performed by a traffic engineer or other qualified professional as approved by the Development Fee Administrator. 2.The individual assessment for a residential use shall include, without limitation, the data sources and calculations used to derive the average household size for the type of dwelling units proposed.The development fee per dwelling unit shall be calculated according to the following formula: FEE =Average Household Size x Occupancy Factor x Net Cost per Functional Population Where: Average Household Size is the average number of persons residing in occupied dwelling units of the proposed housing type. Occupancy Factor shall be 0.50 unless the applicant provides convincing evidence that another factor is more appropriate for the proposed development. Net Cost per Functional Population shall be $99.11 unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development. 3.The individual assessment for a nonresidential use shall include, without limitation, the following elements: a.a projection of the number of vehicular trips entering and departing from the project during an average weekday; b.the average number of persons occupying vehicles entering the project; Article 7-1 Development Fees Page 20 of 38 c.the average number of hours spent by employees and visitors at the site during an average weekday; d.the assumptions and conclusions from which any projections are made.If the assumptions or conclusions are derived from the current edition of the ITE manual or other standard reference materials, the materials shall be identified and appropriate excerpts or specific references provided.Otherwise, the reasoning underlying the assumptions and conclusions shall be clearly stated in writing; and e.such other information as the Development Fee Administrator shall reasonable request. 4.The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in the preceding Section 7-1-3.A,Police Development Fee Schedule or the formula for residential uses described in Section 7-1-3.B.2. C.Use of Police Development Fees 1.The revenues from police development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying police improvements, as determined by the City Council, provided that the improvements are located within the same service area. 2.Qualifying police improvements are limited to capital improvements to the City's Public Safety building, acquisition of land for or construction of police substations, acquisition of capital equipment required for police operations, or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf in the City to finance qualified improvements.Such revenues may also fund the cost of consultants used in updating the police portion of the Capital Improvements Program and in updating the police development fee computations. Article 7-1 Development Fees Page 21 of 38 3.Monies collected as police development fees shall not be used to pay for any of the following: a.construction, acquisition or expansion of public facilities other than qualifying police improvements; b.retirement of debt incurred for police facilities constructed prior to March 1, 1997; c.repair, operation, maintenance or replacement of existing police facilities or capital equipment; and d.City personnel and consultants hired for purposes other than those expressly permitted under Section 7-1-3.C, subsections 1 and 2 above. SECTION 7-1-4 PARK AND OPEN SPACE DEVELOPMENT FEES A.Park and Open Space Development Fee Schedule At the option of the applicant, the park and open space development fee may be calculated based on the adopted park and open space development fee schedule. B.Individual Assessments of Park and Open Space Development Fees 1.The park and open space development fee may be calculated based upon individual assessment.An individual assessment shall be at the cost of the applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. 2.The individual assessment shall include, without limitation, the data sources and calculations used to derive the average household size for the type of Article 7-1 Development Fees Page 22 of 38 dwelling units proposed.The development fee per dwelling unit shall be calculated according to the following formula: FEE =Equivalent Dwelling Unit x Net Cost per Equivalent Dwelling Unit Where: Equivalent Dwelling Unit = the ratio of the average household size of the proposed housing type to the average household size of a typical single-family dwelling unit in Apache Junction. Average Household Size = the average number of persons residing in occupied dwelling units of the proposed housing type. Net Cost per Equivalent Dwelling Unit = $699.20, unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development. 3.The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in the preceding Section B.1. C.Use of Park and Open Space Development Fees 1.The revenues from park and open space development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying park and open space improvements, as determined by the City Council, provided that the improvements are shown in the Capital Improvements Program and are located within the same service area. 2.Qualifying park and open space improvements are limited to acquisition of park and open 'space sites; park and open space site development costs, including grading, utilities, landscaping, lighting, fencing, signage and construction of parking facilities; acquisition, construction and installation of park and open space facilities and equipment; or other similar Article 7-1 Development Fees Page 23 of 38 improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by, or on behalf of, the City to finance qualified improvements.Such revenues may also fund the cost of consultants used in updating the park and open space portion of the Capital Improvements Program and in updating the park and open space development fee computations. 3.Monies collected as park and open space development fees shall not be used to pay for any of the following: a.construction, acquisition or expansion of public facilities other than qualifying park and open space improvements; b.retirement of debt incurred for park and open space facilities constructed prior to March 1, 1997; c.repair, operation, maintenance or replacement of existing park and open space facilities or capital equipment; and d.City personnel and consultants hired for purposes other than those expressly permitted under Section 7-1-4.C. subsections 1 and 2 above. SECTION 7-1-5 LIBRARY DEVELOPMENT FEES A.Library Development Fee Schedule At the option of the applicant, the library development fee may be calculated based on the adopted library development fee schedule. B.Individual Assessment of Library Development Fees Individual assessments of library development fees shall be allowed as follows: Article 7-1 Development Fees Page 24 of 38 1.The library development fee may be calculated based upon individual assessment.An individual assessment shall be at the cost of the applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. 2.The individual assessment shall include, without limitation, the data sources and calculations used to derive the average household size for the type of dwelling units proposed.The development fee per dwelling unit shall be calculated according to the following formula: FEE =Equivalent Dwelling Unit of Proposed Housing Type x Net Cost per Equivalent Dwelling Unit Where: Equivalent Dwelling Unit = the ratio of the average household size of the proposed housing type to the average household size of a typical single-family dwelling unit in Apache Junction. Average Household Size = the average number of persons residing in occupied dwelling units of the proposed housing type. Net Cost per Equivalent Dwelling Unit = $262.16, unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development. 3.The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in the preceding Section B.1. C.Use of Library Development Fees 1.The revenues from library development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying library improvements, as determined by the City Council, provided that the improvements are shown Article 7-1 Development Fees Page 25 of 38 on the Capital Improvements Program and are located within the same services area. 2.Qualifying library improvements are limited to acquisition of library sites; library site development costs, including grading, utilities, landscaping, lighting, fencing, signage and construction of parking facilities; acquisition, construction and installation of library facilities and equipment; or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the City to finance qualified improvements.Such revenues may also fund the cost of consultants used in updating the library portion of the Capital Improvements Program and in updating the library development fee computations. 3.Monies collected as library development fees shall not be used to pay for any of the following: a.construction, acquisition or expansion of public facilities other than qualifying library improvements; b.retirement of debt incurred for library facilities constructed prior to March 1, 1997; c.repair, operation, maintenance or replacement of existing library facilities or capital equipment; and d.city personnel and consultants hired for purposes other than those expressly permitted under Section 7-1-5.C, subsections 1 and 2 above. Article 7-1 Development Fees Page 26 of 38 SECTION 7-1-6 MUNICIPAL BUILDING DEVELOPMENT FEES A.Municipal Building Development Fee Schedule At the option of the applicant, the municipal building development fee may be calculated based on the adopted municipal building development tee schedule.The Development Fee Administrator shall determine the land use category in the fee schedule that best represents the proposed use in terms of functional population characteristics.In the event that the Development Fee Administrator determines that the nonresidential land use categories in the fee schedule do not accurately reflect the proposed development, the Development Fee Administrator shall determine the fee based on the land use categories, trip generation rates or equations, average vehicle occupancy and/or other data contained in the most current edition of the Institute of Transportation Engineers Trip Generation manual (ITE manual) or other appropriate source. The Development Fee Administrator shall make the determination of the appropriate land use category, trip generation rate or equation and other factors based on the appropriateness and quality of the data, the guidelines for determining whether to use trip generation rates or equations set forth in the ITE manual, and other relevant considerations.Once the appropriate land use, trip generation and other factors have been determined, the Development Fee Administrator shall calculate the fee using the following formula: FEE =Functional population/1000 sf x Net Cost per Functional Population Where: Functional population/1000 sf =(employee hours/1000 sf +visitor hours/1000 sf) + 16 hours/day Employee hours/1000 sf =employees/1000 sf x 10 hrs/day Visitor hours/1000 sf =employees/1000 sf x 1 hour/visit Article 7-1 Development Fees Page 27 of 38 Visitors/1000 sf =weekday ADT/1000 sf x avg. Vehicle occupancy - employees/1000 sf Weekday ADT/1000 sf = one-way average daily trips (total trip ends -2) Net Cost per Functional Population = $64.24, unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development. B.Individual Assessments of Municipal Building Development Fees 1.The municipal building development fee may be calculated based upon individual assessment.An individual assessment shall be at the cost of the applicant and shall be performed by a traffic engineer or other qualified professional as approved by the Development Fee Administrator. 2.The individual assessment for a residential use shall include, without limitation, the data sources and calculations used to derive the average household size for the type of dwelling units proposed.The development fee per dwelling unit shall be calculated according to the following formula: FEE =Average Household Size x Occupancy Factor x Net Cost per Functional Population Where: Average Household Size = the average number of persons residing in occupied dwelling units of the proposed housing type. Occupancy Factor = 0.50, unless the applicant provides convincing evidence that another factor is more appropriate for the proposed development. Net Cost per Functional Population = $64.24, unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development. Article 7-1 Development Fees Page 28 of 38 3.The individual assessment for a nonresidential use without limitation, the following elements: a.a projection of the number of vehicular trips entering and departing from the project during an average weekday; b..the average number of persons occupying vehicles entering the project; c.the average number of hours spent by employees and visitors at the site during an average weekday; d.the assumptions and conclusions from which any projections are made.If the assumptions or conclusions are derived form the current edition of the ITE manual or other standard reference materials, the materials shall be identified and appropriate excerpts or specific references provided.Otherwise, the reasoning underlying the assumptions and conclusions shall be clearly stated in writing; and e.such other information as the Development Fee Administrator shall reasonably request. 4 The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in the preceding Section 7-1-6.A,Municipal Building Development Fee Schedule,or the formula for residential uses described in Section 7-1-6.B.2. C.Use of Municipal Building Development Fees 1.The revenues from municipal building development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying municipal building improvements, as determined by the City Council, provided that the improvements are shown on the Capital Improvements Program and are located within the same service area. Article 7-1 Development Fees Page 29 of 38 2.Qualifying municipal building improvements are limited to capital improvements to the City's administrative offices and vehicle maintenance facilities, including the principal, interest and other financing costs of bonds, notes or other obligations issued by, or on behalf of the City, to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the municipal building portion of the Capital Improvements Program and in updating the municipal building development fee computations. 3.Monies collected as municipal building development fees shall not be used to pay for any of the following; a.construction, acquisition or expansion of public facilities other than qualifying municipal building improvements; b.retirement of debt incurred for municipal building facilities constructed prior to December 31, 1997; c.repair, operation, maintenance or replacement of existing municipal building facilities or capital equipment; and d.City personnel and consultants hired for purposes other than those expressly permitted under Section 7-1-3.C, subsections 1 and 2 above. Article 7-1 Development Fees Page 30 of 38 ROAD DEVELOPMENT FEE SCHEDULE, 2002 Net Dail Cost Y Net Cost per Land Use Unit VMT per VMT Unit Residential Single -Family Detached 10.2 Dwelling 0 $145.56 $1,485 Multi -Family Dwelling 7.07 $145.56 $1,029_ Mobile Home/Manufactured/RV Park Space 5.13 $145.56 $747 Assisted Living Facility Dwelling 2.30 _. $145.56 $335 Retail/Commercial General Retail/Shopping 26.5 Center 1000 sq. ft.1 $145.56 $3,859 Auto Sales/Repair 29.9 1000 sq. ft.5 $145.56 $4,360 Building Material/Lumber _ 31.7 1000 sq. ft.3 $145.56 $4,619 Convenience Store/Gas 33.8 Station 1000 sq. ft.2 $145.56 $4,923 Discount Store 28.9 1000 sq. ft.5 _$145.56 $4,214 Drive -In Bank 26..8 1000 sq. ft.5 $145.56 $3,908 Hotel/Motel Room 7.39 $145.56 $1,076 Movie Theater 62.3 1000 sq. ft.5 $145.56 $9,076 Nursery/Garden Center 28.8 1000 sq. ft.2 $145.56 $4,195 Restaurant, Fast Food 37.2 1000 sq. ft.1 $145.56 $5,416 Restaurant, Sit -Down 12.8 1000 sq. ft.2 $145.56 $1,866 Office/Institutional General Office Building 11.7 1000 sq. ft.4 $145.56 $1,709_ Medical Office 38.4 1000 sq. ft.9 $145.56 $5,603 Hospital 17.8 1000 sq. ft.7 $145.56 $2,601 Nursing Home 1000 sq. ft.5.01 $145.56 $729 Article 7-1 Development Fees Page 31 of 38 Church/Synagogue 1000 sq. ft.9.71 $145.56 $1,413 Day Care Center 1000 sq. ft.7.13 $145.56 $1,038 Elementary School 1000 sq. ft.1.08 $145.56 $157 High School 1000 sq. ft.2.24 $145.56 $326 Industrial/Warehouse General Light Industrial 1000 sq. ft.7.43 $145.56 $1,082 Warehouse 1000 sq. ft.5.28 $145.56 $769 Mini -Warehouse 1000 sq. ft.2.66 $145.56 $387 Article 7-1 Development Fees Page 32 of 38 POLICE DEVELOPMENT FEE SCHEDULE, 2002 Functiona Net Cost/ 1 Functiona Populatio 1 Net n/Populatio Cost/ Land Use Type Unit Unit n Unit Residential Single-family 1.34 _$99.11 $133 Multi -family _Dwelling Dwelling _1.29 $99.11 $128 Mobile home/Manufactured/RV Park Space 1.03 _$99.11 $102 Assisted Living Facility Dwelling 0.94 $99.11 $93 Retail/Commercial General Retail/Shopping 1000 sq. Center ft., 3.28 _$99.11 $325 Auto Sales/Repair 1000 sq. ft.2.89 $99.11 $286 Building Material/Lumber 1000 sq. ft.2.28 $99.11 $226 Convenience Store/Gas 1000 sq. Station ft.8.34 $99.11 $827 Discount Store 1000 sq. ft.3.69-$99.11 $366 Drive -In Bank 1000 sq. ft.3.99 _$99.11 $395 Hotel/Motel Room 2.87 $99.11 $284 Movie Theater 1000 sq. ft.4.78 $99.11 $474 Nursery/Garden Center 1000 sq. ft.2.74 _$99.11 $272 Restaurant, Fast Food 1000 sq. ft.10.81 $99.11 $1,071 Restaurant, Sit -Down 1000 sq. ft.6.93 $99.11 $687 Office/Institutional General Office Building 1000 sq. ft.2.28 _$99.11 $226 Medical Office 1000 sq. ft.3.83 _$99.11 $380 Hospital 1000 sq. ft.2.73 $99.11 $271 Article 7-1 Development Fees Page 33 of 38 Functiona Net Cost/ 1 Functiona Populatio 1 Net n/Populatio Cost/ Land Use Type Unit Unit n Unit Residential Single-family Dwelling 1.34 $99.11 $131 Multi -family Dwelling 1.29 $99.11 $128 Mobile home/Manufactured/RV Park Space 1.03 $99.11 $102 Assisted Living Facility Dwelling 0.94 $99.11 $93 Retail/Commercial General Retail/Shopping 1000 sq. Center ft.3.28 $99.11 $325 Auto Sales/Repair 1000 sq. ft.2.89 $99.11 $286 Building Material/Lumber 1000 sq. ft.2.28 $99.11 $226 Convenience Store/Gas 1000 sq. Station ft.8.34 $99.11 $827 Discount Store 1000 sq. ft.3.69 $99.11 $366 Drive -In Bank 1000 sq. ft.3.99 .$99.11 $395 Nursing Home 1000 sq. ft.2.06 $99.11 $204 Church/Synagogue 1000 sq. ft.0.75 $99.11 $74 Day Care Center 1000 sq. ft.5.44 $99.11 $539 Elementary School 1000 sq. ft.4.99 $99.11 $495 High School 1000 sq. ft.4.91 $99.11 $467 Industrial/Warehouse General Light Industrial 1000 sq. ft.1.58 $99.11 $157 Warehouse 1000 sq. ft.0.92 $99.11 $91 Mini -Warehouse 1000 sq. ft.0.14 $99.11 $14 Article 7-1 Development Fees Page 34 of 38 Article 7-1 Development Fees Page 35 of 38 PARK AND OPEN SPACE DEVELOPMENT FEE' SCHEDULE, 2002 Open Park Space Total Net Net Net EDUs/Net Cost Cost/Cost/Cost/ Housing Type Unit Unit per EDU Unit•Unit Unit Dwellin Single-family g 1.00 $563.95 $480 $84 $5/1 Dwellin Multi -family g $563.95 $461 $81 $542 Mobile _0.96 Home/Manufacured/RV Park Space 0.77 $563.95 $369 $65 $434 Assisted Living Dwellin _ Facility 9 0.70 $563.95 $336 $59 $395 LIBRARY DEVELOPMENT FEE SCHEDULE, 2002 Net EDUs/Cost/Net Cost/ Housing Type Unit Unit EDU Unit Single-family Dwelling 1.00 ,$262.31 $262 Multi -family Dwelling 0.96 $262.31 $252 Mobile Home/ Manufactured/RV Space 0.77 $262.31 $202_Park Assisted Living Dwelling 0.70 $262.31 $184 Article 7-1 Development Fees Page 36 of 38 MUNICIPAL BUILDING DEVELOPMENT FEE SCHEDULE,-2002 Net Cost/ Functional Functiona Population 1 Net /Populatio Cost/ Land Use Type Unit Unit n Unit Residential Single-family Dwelling 1.34 $62.04 $83 Multi -family Dwelling 1.29 $62.04 $80 Mobile home/Manufactured/RV Park Space 1.03 $62.04 $64 Assisted Living Facility Dwelling 0.94 _$62.04 _$58 Retail/Commercial General Retail/Shopping 1000 sq. Center ft.3.28 $203 Auto Sales/Repair 1000 sq. _$62.04 ft.2.89 $62.04 $179 Building Material/Lumber 1000 sq. ft.2.28 _$62.04 $141 Convenience Store/Gas 1000 sq. Station ft.8.34 _$62.04 _$517 Discount Store 1000 sq. ft.3.69 .$62.04 $229 Drive -In Bank 1000 sq. ft.3.99 $62.04 _$248 Hotel/Motel Room .2.87 $62.04 $178 Movie Theater 1000 sq. ft.4.78 $62.04 $297 Nursery/Garden Center 1000 sq. 1 ft.2.74 $62.04 $170 Restaurant, Fast Food 1000 sq. , ft.10.81 .$62.04 _$671 Restaurant, Sit -Down 1000 sq. ft.6.93 .$62.04 _$430 Office/Institutional General Office Building 1000 sq. ft.2.28 .$62.04 $141 Medical Office 1000 sq. ft.3.83 _$62.04 _$238 Hospital 1000 sq. ft.2.73 $62.04 $169 Article 7-1 Development Fees Page 37 of 38 Net Cost/ Functional Functiona Population 1 Net /Populatio Cost/ Use Type Unit Unit n Unit,Land ,Residential Single-family Dwelling 1.34 $62.04 $83 Multi -family Dwelling 1.29 $62.04 $60 Mobile home/Manufactured/RV Park Space 1.03 $62.04 $64 Assisted Living Facility Dwelling 0.94 $62.04 $58 Retail/Commercial General Retail/Shopping 1000 sq. Center ft.3.28 $62.04 $203 , Auto Sales/Repair 1000 sq. ft.2.89 $62.04 $179 Building Material/Lumber 1000 sq. ft.2.28 $62.04 $141 Convenience Store/Gas 1000 sq. Station ft.8.34 $62.04 $517 Discount Store 1000 sq. ft.3.69 $62.04 $229 Nursing Home 1000 sq. ft.2.06 $62.04 _$128 Church/Synagogue 1000 sq. ft.0.75 $62.04 $47 Day Care Center 1000 sq. ft.5.44 $62.04 $337 Elementary School 1000 sq. ft.4.99 $62.04 $310 High School 1000 sq. ft.4.91 $62.04 $305 Industrial/Warehouse General Light Industrial 1000 sq. ft.1.58 $62.04 $98 Warehouse 1000 sq. ft.0.92 $62.04 $57 Mini -Warehouse 1000 sq. ft.0.14 $62.04 $9 Article 7-1 Development Fees Page 38 of 38