HomeMy WebLinkAboutORD1399ORDINANCE NO. 1399
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE
JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT
CODE,BY REPEALING CHAPTER 7 DEVELOPMENT FEES IN
ITS ENTIRETY;AND ADOPTING BY REFERENCE A NEW
CHAPTER 7 DEVELOPMENT FEES;ESTABLISHING AN
EFFECTIVE DATE;REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS,municipalities in Arizona have 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,November 2005 and March 2007;
and
WHEREAS,in 2011,the state legislature rewrote the
majority of A.R.S.§9-463.05,with the most significant
amendments being:clarification of defined terms,a new
infrastructure improvement plan,limitation on fee uses,a
new study for land use assumptions,more onerous public
notice and public hearing requirements,and a deadline for
cities and towns to change their codes consistent with the
new requirements no later than August 1, 2014; and
WHEREAS, on March 5, 2014, the City timely provided
the 30 day advanced notice of intention to assess a
development fee; and
WHEREAS,the City timely released to the public and
posted on its website a written report of the land use
assumptions and infrastructure improvement plan; and
ORDINANCE NO. 1399
PAGE 1 OF 4
WHEREAS,on October 16,2012,the Mayor and City
Council approved a professional services contract with
TischlerBise to conduct the new development fee ordinance
study,land use assumptions and infrastructure improvement
plan; and
WHEREAS,on November 18,2013,TischlerBise presented
the Mayor and City Council at a work session with a draft
of the proposed land use assumptions and infrastructure
improvement plan; and
WHEREAS,on December 3,2013,the Mayor and City
Council directed City staff to proceed with updating the
development fees and ordinance in accordance with the
TischlerBise recommended project timeline; and
WHEREAS,on January 21,2014,the City Council held a
public hearing on the proposed land use assumptions and
infrastructure improvement plan; and
WHEREAS,on March 4,2014,the Mayor and City Council
approved and adopted the proposed land use assumptions,
infrastructure improvements plan; and
WHEREAS,the Mayor and City Council held a work
session on March 31,2014,regarding the proposed
development fees and development fee ordinance update,in
accordance with the development fee project timeline
presented at the December 3, 2013 council meeting; and
WHEREAS,the Mayor and City Council held a public
hearing on April 15,2014,regarding the proposed
development fees and development fee ordinance update,in
accordance with the development fee project timeline; 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 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;
ORDINANCE NO. 1399
PAGE 2 OF 4
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
administrative efficiency,it
the current development fees
City Code Volume II,Land Development Code
Development Fees,
updated Apache
Development Code,
in its
has determined that for
is more appropriate to update
by repealing Apache Junction
Development Code,
entirety,and replacing
Chapter 7
it with an
II,Junction City Code Volume II,Land
Chapter 7 Development Fees.
THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, THAT:
SECTION I IN GENERAL
A) Existing "Apache Junction City Code Volume II,Land
Development Code,Chapter 7 Development Fees",is
hereby repealed.
B) That certain document entitled "Apache Junction City
Code Volume II,Land Development Code,Chapter 7
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.14-27 of the City of Apache
Junction,Arizona,is hereby referred to,adopted and
made a part hereof a s if fully set out in this
ordinance, pursuant to A.R.S. § 9-802.
SECTION II EFFECTIVE DATE
The provisions of this Ordinance and public record adopted
herein are effective beginning August 4, 2014.
SECTION III REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes
adopted herein by reference are hereby repealed.
ORDINANCE NO. 1399
PAGE 3 OF 4
SECTION IV PROVIDING FOR SEVERABILITY
If any section,subsection,sentence,phrase,clause or
portion of this ordinance or any part of the codes or
regulations adopted herein by reference is for any reason
held to be invalid or unconstitutional by the decision of
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 O F APACHE JUNCTION,ARIZONA,THIS ara DAY O F
/1/14/, 20/4.
SIGNED AND ATTESTE?T O THIS cRe DAY O F
11711 ,20j.
ATTEST:
0,0r/r
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
c d
RICHARD J. J. STERN
City Attorney
ORDINANCE NO. 1399
PAGE 4 OF 4
7-1: GENERAL PROVISIONS
7-1-1 TITLE.
This Chapter of the Apache Junction City Code,shall be
known as the "Apache Junction City Code Volume II,Land
Development Code,Chapter 7 Development Fees"and may be
referred to herein as "this Ordinance" or "this Chapter".
7-1-2 LEGISLATIVE INTENT.
This Chapter is adopted for the purpose of promoting the
health,safety and general welfare of the residents of the
City of Apache Junction by:
(A) Requiring new development to pay its proportionate
share of the costs incurred by the City that are
associated with providing Necessary Public Services
to new development.
(B) Setting forth standards and procedures for creating
and assessing development fees consistent with the
requirements of Arizona Revised Statutes ("A.R.S.")§
9-463.05.
(C) Setting forth procedures for administering the
development fee program,including mandatory offsets,
credits,and refunds of development fees.All
development fee assessments,offsets,credits,or
refunds must be administered in accordance with the
provisions of this Chapter.
This Chapter shall not affect the City's zoning authority
or its authority to adopt or amend its General Plan,
provided that planning and zoning activities by the City
may require amendments to development fees pursuant to
A.R.S. §9-463.05.
7-1-3 PURPOSE AND ADMINISTRATION.
(A) This Chapter assesses development fees to offset the
costs to the City associated with providing Necessary
Public Services to a development.
(1)The fees shall:
(a)Result in a beneficial use to the
development;
(b)Bare a rational relationship to the burden
of the developer; and
Page 1 of 45
(c)Be assessed in a non-discriminatory manner.
(B) The development fees to be paid by each new
development pursuant to this Chapter are to be
proportional to the impact that the new development
will have on the types of facilities for which the
fees are charged.
(C) The City official with primary responsibility for
administering this Chapter 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 Chapter to other City staff.
7-1-4 DEFINITIONS.
When used in this chapter,the terms listed below
shall have the following meanings unless the context
requires otherwise.Singular terms shall include their
plural.
Applicant:A person who applies to the City for a
Building Permit.
Appurtenance:Any fixed machinery or equipment,
structure or other fixture,including integrated hardware,
software or other components,associated with a Capital
Facility that are necessary or convenient to the operation,
use,or maintenance of a Capital Facility,but excluding
replacement of the same after initial installation.
Aquatic Center:A facility primarily designed to host
non -recreational competitive functions generally occurring
within water,including,but not limited to,water polo
games, swimming meets, and diving events. Such facility may
be indoors,outdoors,or any combination thereof,and
includes all necessary supporting amenities,including but
not limited to,locker rooms,offices,snack bars, bleacher
seating, and shade structures.
Building Permit:Any permit issued by the City that
authorizes vertical construction, increases square footage,
authorizes changes to land use,or provides for the
addition of a residential or non-residential point of
demand to a water or wastewater system.
Page 2 of 45
Capital Facility:An asset having a Useful Life of
three or more years that is a component of one or more
Categories of Necessary Public Service provided by the
City.A Capital Facility may include any associated
purchase of real property,architectural and engineering
services leading to the design and construction of
buildings and facilities,improvements to existing
facilities,improvements to or expansions of existing
facilities,and associated financing and professional
services.Wherever used herein,"infrastructure" shall have
the same meaning as "Capital Facilities."
Category of Necessary Public Service:A category of
Necessary Public Services for which the City is authorized
to assess development fees,as further defined by A.R.S.§
9-463.05.
Category
residential,
institutional
is calculated
fees against
residential,
institutional.
of Development:A specific Category of
commercial,office,industrial,or
development against which a development fee
and assessed.The City assesses development
the following categories of development:
commercial,office,industrial,and
City:The City of Apache Junction, Arizona.
Commercial Land Use:The buying,selling,repair,
leasing or storage of goods and services.This term shall
not include manufacturing,distribution or general
warehousing activities as a primary use.
Credit:A reduction in an assessed development fee
resulting from developer contributions to,payments for,
construction of,or dedications for Capital Facilities
included in an Infrastructure Improvements Plan pursuant to
A.R.S.§9-463.05 (or as otherwise permitted by this
Chapter).
Credit Agreement:A written agreement between the City
and the developer(s)of Subject Development that allocates
Credits to the Subject Development pursuant to Section 7-1-
15 of this Chapter.A Credit Agreement may be included as
part of a Development Agreement pursuant to Section 7-1-16
of this Chapter.
Credit Allocation:A term used to describe when
Credits are distributed to a particular development or
Page 3 of 45
parcel of land after execution of a Credit Agreement,but
are not yet issued.
Credit Issuance:A term used to describe when the
amount of an assessed development fee attributable to a
particular development or parcel of land is reduced by
applying a Credit allocation.
Developer:An individual,group of individuals,
partnership,corporation,limited liability company,
association,municipal corporation,state agency,or other
person or entity undertaking land development activity,and
their respective successors and assigns.
Development Agreement:An agreement prepared in
accordance with the requirements of Section 7-1-16 of this
Chapter,A.R.S.§ 9-500.05,and any applicable requirements
of the City Code.
Development Fee Report:A written report developed
pursuant to A.R.S.§9-463.05 that identifies the
methodology for calculating the amount of each development
fee,explains the relationship between the development fee
to be assessed and the Cost per Service Unit calculated in
the Infrastructure Improvements Plan,and which meets other
requirements set forth in A.R.S. § 9-463.05.
Direct Benefit:A benefit to a Service Unit resulting
from a Capital Facility that:(a)addresses the need for a
Necessary Public Service created in whole or in part by the
Service Unit;and that (b)meets either of the following
criteria:(i)the Capital Facility is located in the
immediate area of the Service Unit and is needed in the
immediate area of the Service Unit to maintain the Level of
Service;or (ii)the Capital Facility substitutes for, or
eliminates the need for a Capital Facility that would have
otherwise have been needed in the immediate area of the
Service Unit to maintain the City's Level of Service.
Dwelling,Multiple o r 2 +Unit Land Use:A building
containing two o r more primary dwelling units o n a single
lot.Types o f multiple residence dwellings include
duplexes,garden apartments,and multi -story apartment
buildings.
Dwelling,Single Unit or Single -Family Land Use:A
detached or attached building containing one single-family
dwelling unit constructed on a single lot.
Page 4 of 45
Dwelling, Single Unit - Manufactured Homes Land Use:A
single unit dwelling unit located in a Manufactured Home
Park and designed exclusively for residential occupancy in
conformance with the provisions of the Uniform Building
Code adopted and amended by the City,and shall be
interpreted as the creation of a new mobile home or
recreational vehicle (as defined in A.R.S.§41-2142(26))
space in a mobile home or recreational vehicle park.
Dwelling Unit:A house,apartment,mobile home or
trailer,group of rooms,or single room occupied as
separate living quarters or,if vacant,intended for
occupancy as separate living quarters.
Equipment:Machinery,tools,materials,and other
supplies,not including vehicles,that are needed by a
Capital Facility to provide the Level of Service specified
by the Infrastructure Improvement Plan,but excluding
replacement of the same after initial development of the
Capital Facility.
Excluded Library Facility:Library facilities for
which development fees may not be charged pursuant to
A.R.S.§9-463.05,including that portion of any Library
Facility that exceeds 10,000 square feet,and Equipment,
Vehicles or Appurtenances associated with Library
operations.
Excluded Park Facility:Parks and Recreational
Facilities for which development fees may not be charged
pursuant to A.R.S.§9-463.05,including amusement parks,
aquariums,Aquatic Centers,auditoriums,arenas,arts and
cultural facilities,bandstand and orchestra facilities,
bathhouses,boathouses,clubhouses,community centers
greater than three thousand square feet in floor area,
environmental education centers,equestrian facilities,
golf course facilities, greenhouses, lakes, museums, theme
parks, water reclamation or riparian areas, wetlands,or
zoo facilities.
Financing or Debt:Any debt,bond,note,loan,inter-
fund loan,fund transfer,or other debt service obligation
used to finance the development or expansion of a Capital
Facility.
General Plan:The most current version of the City of
Apache Junction General Plan and all adopted amendments
thereto.
Page 5 of 45
Gross Development Fee:The total development fee to be
assessed against a Subject Development on a per unit basis,
prior to subtraction of any Credits.
Industrial Land Use:The excavation,transporting,
distribution,manufacture,fabrication,processing,
reduction or destruction of any article,substance or
commodity,or any other treatment thereof in such manner as
to change the form,character or appearance thereof,and
including storage elevators,truck storage yards,
warehouses,wholesale storage and other similar types of
enterprise.
Infrastructure Improvements Plan:A document or series
of documents that meet the requirements set forth in A.R.S.
§ 9-463.05,including those adopted pursuant to Section 7-
1-10 of this Chapter to cover any Category or combination
of Categories of Necessary Public Services.
Land Use Assumptions:Projections of changes in land
uses,densities,intensities and population for a Service
Area over a period of at least ten years,and developed
pursuant to A.R.S. § 9-463.05.
Level of Service:A quantitative and/or qualitative
measure of a Necessary Public Service that is to be
provided by the City to development in a particular Service
Area,defined in terms of the relationship between service
capacity and service demand,accessibility,response times,
comfort or convenience of use,or other similar measures or
combinations of measures.Level of Service may be measured
differently for different Categories of Necessary Public
Services,as identified in the applicable Infrastructure
Improvements Plan.
Library Facilities:A Category of Necessary Public
Services in which literary, musical, artistic, or reference
materials are kept (materials may be kept in any form of
media such as electronic,
commercial use by
Direct Benefit to
Excluded Library
contain,provide
magnetic,or paper)for non-
the public in a facility providing a
development.Libraries do not include
Facilities,although a Library may
access to,or otherwise support an
Excluded Library Facility.
Manufactured Home Park:Any development providing
rental spaces for occupancy on a non -permanent basis for
manufactured homes and/or recreational vehicles.
Page 6 of 45
Necessary Public Services:"Necessary Public Services"
shall have the meaning prescribed in A.R.S.§9-463.05,
Subsection T, paragraph 7, as amended.
Nonresidential Land Uses: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
center category,and institutional uses
identified
category.
shall be classified in the
in the shopping
not separately
general office
Office Land Use:A building or portion of a building
wherein services are performed involving predominantly
administrative, professional, or clerical operations.
Offset:An amount which is subtracted from
costs of providing Necessary Public Services to
those capital components of infrastructure or
debt that have been or will be paid for by a
through taxes,fees (except for development
other revenue sources,as determined pursuant
9-463.05.
the overall
account for
associated
development
fees),and
to A.R.S.§
Parks and Recreational Facilities:A Category of
Necessary Public Services including but not limited to
parks,multi -use recreational trails,swimming pools and
related facilities and equipment located on real property
not larger than 30 acres in area,as well as park
facilities larger than 30 acres where such facilities
provide a Direct Benefit.Parks and Recreational Facilities
do not include Excluded Park Facilities,although Parks and
Recreational Facilities may contain,provide access to,or
otherwise support an Excluded Park Facility.
Pledged:Where used with reference to a development
fee, a development fee shall be considered "pledged" where
it was identified by the City as a source of payment or
repayment for Financing or Debt that was identified as the
source of financing for a Necessary Public Service for
which a development fee was assessed pursuant to the then-
applicable provisions of A.R.S. § 9-463.05.
Police Facilities:A Category of Necessary Public
Services,including Vehicles and Equipment,that are used
by law enforcement agencies to preserve the public peace,
prevent crime,detect and arrest criminal offenders,
Page 7 of 45
protect the rights of persons and property,regulate and
control motorized and pedestrian traffic,train sworn
personnel,and/or provide and maintain police records,
vehicles,equipment,and communications systems.Police
Facilities do not include Vehicles and Equipment used to
provide administrative services,or helicopters or
airplanes.Police Facilities do not include any facility
that is used for training officers from more than one
station or substation.
Qualified Professional:Any one of the following:(a)
a professional engineer,surveyor,financial analyst or
planner,or other licensed professional providing services
within the scope of that person's education or experience
related to City planning,zoning,or impact development
fees and holding a license issued by an agency or political
subdivision of the State of Arizona;(b)a financial
analyst,planner,or other non -licensed professional that
is providing services within the scope of the person's
education or experience related to City planning,zoning,
or impact development fees;or (c)any other person
operating under the supervision of one or more of the
above.
Recreational Vehicle Park:Facilities for the
temporary storage,parking and maneuvering of recreational
vehicles with adequate roads and stall sires,including
sanitary and water facilities with locations provided on a
day-to-day basis.
Residential Land Use:A building or portion thereof
designed exclusively for residential occupancy in
conformance with the provisions of the Uniform Building
Code adopted and amended by the City.
Service Area:Any specified area within the boundaries
of the City within which:(a)the City will provide a
Category of Necessary Public Services to development at a
planned Level of Service;and (b)within which (i)a
Substantial Nexus exists between the Capital Facilities to
be provided and the development to be served,or (ii)in
the case of Library Facilities or a Park Facility larger
than 30 acres,a Direct Benefit exists between the Library
Facilities or Park Facilities and the development to be
served,each as prescribed in the Infrastructure
Improvements Plan.Some or all of the Capital Facilities
providing service to a Service Area may be physically
located outside of that Service Area provided that the
Page 8 of 45
required Substantial Nexus or Direct Benefit is
demonstrated to exist.
Service Unit:A standardized measure of consumption,
use,generation or discharge attributable to an individual
unit of development calculated pursuant to generally
accepted engineering or planning standards for a particular
Category of Necessary Public Services.
Street Facilities:A Category of Necessary Public
Services including arterial or collector streets or roads,
traffic signals,rights -of -way,and improvements thereon,
bridges,culverts,irrigation tiling,storm drains,and
regional transportation facilities.
Subject Development:A land area linked by a unified
plan of development,which must be contiguous unless the
land area is part of a Development Agreement executed in
accordance with Section 7-1-16 of this Chapter.
Substantial Nexus:A substantial nexus exists where
the demand for a Category of Necessary Public Services that
will be generated by a Service Unit can be reasonably
quantified in terms of the burden it will impose on the
available capacity of existing Capital Facilities,the need
it will create for new or expanded Capital Facilities,
and/or the benefit to the development from those Capital
Facilities.
Swimming Pool:A public facility primarily designed
and/or utilized for recreational non-competitive functions
generally occurring within water,including,but not
limited to,swimming classes,open public swimming
sessions,and recreational league swimming/diving events.
The facility may be indoors, outdoors, or any combination
thereof, and includes all necessary supporting amenities.
Useful Life:The period of time in which an asset can
reasonably be expected to be used under normal conditions,
whether or not the asset will continue to be owned and
operated by the City over the entirety of such period.
Vehicle:Any device,structure,or conveyance utilized
for transportation in the course of providing a particular
Category of Necessary Public Services at a specified Level
of Service, excluding helicopters and other aircraft.
Page 9 of 45
7-1-5 APPLICABILITY.
(A) The collection of development fees shall apply to all
new development in the City,unless excepted
accordance with Section 7-1-13 (C).
7-1-6 SERVICE AREAS.
(A)
(B)
(C)
(D)
For the purpose of all development fees,
Area shall be all of the incorporated
City.
Development fees shall be assessed
development located within the Service
Development fees collected within the
shall be spent within the Service Area.
in
the Service
area of the
only on new
Area.
Service Area
The appropriateness of the designation and
boundaries of the Service Area(s)shall be reviewed
by the City as part of the development fee revision
process pursuant to A.R.S.§9-463.05.Following
such review and a public hearing,the Service
Area(s) may be amended.
7-1-7 AUTHORITY FOR DEVELOPMENT FEES.
(A)Development Fee Report and Implementation.The City
may assess and collect a development fee for costs
of Necessary Public Services,including all
professional services required for the preparation
or revision of an Infrastructure Improvements Plan,
Development Fee Report,development fee,and
required reports or audits conducted pursuant to
this Chapter.Development fees shall be subject to
the following requirements:
(1)The City shall develop and adopt a Development
Fee Report that analyzes and defines the
development fees to be charged in each Service
Area for each Capital Facility Category,
on the Infrastructure Improvements
pursuant to A.R.S. § 9-463.05.
(2)Development fees shall be assessed against
new residential,commercial,office,
based
Plan,
all
and
industrial developments, provided that the City
may assess different amounts of development
fees against specific Categories of Development
based on the actual burdens and costs that are
Page 10 of 45
associated with providing Necessary Public
Services to that Category of Development.No
development fee shall exceed the Cost per
Service Unit for any Category of Development.
(3)No development fees shall be charged,or
Credits issued,for any Capital Facility that
does not fall within one of the Categories of
Necessary Public Services for which development
fees may be assessed as identified in Section
7-1-10 of this Chapter.
(4)Costs for Necessary Public Services made
necessary by new development shall be based on
the same Level of Service provided to existing
development in the same Service Area.
Development fees may not be used to provide a
higher Level of Service to existing development
or to meet stricter safety,efficiency,
environmental,or other regulatory standards to
the extent that these are applied to existing
Capital Facilities that are serving existing
development.
(5)Development fees may not be used to pay the
City's administrative,maintenance,or other
operating costs.
(6)Projected interest charges and financing costs
can only be included in development fees to the
extent they represent principal and/or interest
on the portion of any Financing or Debt used to
finance the construction or expansion of a
Capital Facility identified in the
Infrastructure Improvements Plan.
(7)All development fees shall meet the
requirements of A.R.S. § 9-463.05.
(B)Costs per Service Unit. The Development Fee Report
shall summarize the costs of Capital Facilities
necessary to serve new development on a per Service
Unit basis a s defined and calculated in the
Infrastructure Improvements Plan,including all
required Offsets,and shall recommend a development
fee structure for adoption by the City.The actual
development fees to be assessed shall be disclosed
and adopted in the form of development fee schedules
described in this Chapter.
Page 11 of 45
(C)Defined terms in any previously established fee
schedule shall be interpreted according to the
ordinance in effect at the time of their adoption.
7-1-8
(A)
FUND ACCOUNTING FOR DEVELOPMENT FEES.
The City Finance
separate accounting
fees collected for
Facility within the
Such fees shall be
yield on those fees,
the City,shall
periodically in
policies of the
segregated from
purposes.
be
Department shall establish a
fund in which the development
a particular type of Capital
Service Area shall be credited.
invested by the City and the
at the
credited
accordance
City.
other
The
City
actual rate of return to
to such accounting fund
with the accounting
funds need
monies for
not be
banking
(B)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 that
fund.
(1)Limitations on Use of Fees.Development fees
and any interest thereon collected pursuant to
this Chapter shall be spent to provide Capital
Facilities associated with the same Category of
Necessary Public Services in the same Service
Area for which they were collected,including
costs of Financing or Debt used by the City to
finance such Capital Facilities and other costs
authorized by this Chapter that are included in
the Infrastructure Improvements Plan.
(C)The City Finance Department shall maintain and keep
financial records for the accounting fund showing
the revenues to the fund and the disbursements from
that fund, in accordance with normal City accounting
practices. The records of the fund shall be open to
public inspection in the same manner as other
financial records of the City.
(D)Annual Report.The City shall issue as part of the
report required in Section 7-1-20 of this Chapter an
unaudited accounting of all development fee funds.
Page 12 of 45
7-1-9 LAND USE ASSUMPTIONS.
The Infrastructure Improvements Plan shall be consistent
with the City's current Land Use Assumptions for each
Service Area and each Category of Necessary Public Services
as adopted by the City pursuant to A.R.S. § 9-463.05.
(A)Renewal and Updating of the Land Use Assumptions.
The Land Use Assumptions shall be developed,
adopted,and modified subject to the procedures
required by A.R.S. § 9-463.05.
7-1-10 INFRASTRUCTURE IMPROVEMENTS PLAN.
(A)Infrastructure Improvements Plan Contents.The
Infrastructure Improvements Plan shall be developed
by Qualified Professionals and may be based upon or
incorporated within the City's Capital Improvements
Plan,when/if available,and/or other Capital
Facilities plans.The Infrastructure Improvements
Plan shall comply with the requirements of A.R.S.§
9-463.05, and shall:
(I)Specify the Categories of Necessary Public
Services for which the City will impose a
development fee,which may include any or all
of the following:
(a) Street Facilities
(b) Police
(c) Parks and Recreational Facilities
(d) Libraries
7-1-11 ADOPTION AND MODIFICATION PROCEDURES.
(A)Adopting or Amending the Infrastructure Improvements
Plan.The Infrastructure Improvements Plan shall be
adopted or amended subject to the procedures
required by A.R.S. § 9-463.05.
7-1-12 TIMING FOR THE RENEWAL AND UPDATING OF THE
INFRASTRUCTURE IMPROVEMENTS PLAN AND THE LAND USE
ASSUMPTIONS.
(A)Renewal and Updating Procedure.All necessary
renewals and updates of the Infrastructure
Improvements Plan and Land Use Assumptions shall
comply with procedures required by A.R.S.§9-
463.05.
Page 13 of 45
7-1-13 COLLECTION OF DEVELOPMENT FEES.
(A)Collection.Development fees,together with
administrative charges assessed pursuant to
Paragraph (A)(5)of this Section,shall be
calculated and collected prior to issuance of
permission to commence development; specifically:
(1)Except as set forth in Subparagraph (2)below,
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 which the Council has passed but have yet
to go into effect. At the time the development
fees are paid in full,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 effect. At the time the development
fees are paid in full,a permit shall be
issued.
(3)If the building permit is for a change in the
type of building use,an increase in square
footage,or a change to land use,the
development fee shall be assessed on the
additional Service Units resulting from the
expansion or change,and following the
development fee schedule applicable to any new
use type.
(4)No building permit or certificate of occupancy
shall be issued if a Development Fee is not
paid as directed in the previous paragraphs.
Page 14 of 45
(5)For issued permits that expire or are voided,
development fees and administrative charges
shall be as follows:
(a) If the original permittee is seeking to
renew an expired or voided permit,and the
development fees paid for such development
have not been refunded,then the permittee
shall pay the difference between any
development fees paid at the time the
permit was issued and those in the fee
schedule at the time the permit is reissued
or renewed.
(b) If a new or renewed permit for the same
development is being sought by someone
other than the original permittee,the new
permit Applicant shall pay the full
development fees specified in the fee
schedule in effect at the time that the
permits are reissued or renewed.If the
original permittee has assigned its rights
under the permits to the new permit
Applicant,the new permit Applicant shall
pay development fees as if it were the
original permittee.
(B)Manufactured Home Parks and Recreational Vehicle
Parks.Development fees for Mobile/Manufactured Home
and Recreational Vehicle Parks shall be assessed for
the entire development,based on the number of
manufactured 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 Manufactured 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.
(C)Exceptions.Development fees shall not be owed under
any of the following conditions:
(1) Development fees have been paid for the
development and the permit(s)which triggered
the collection of the development fees have not
expired or been voided.
Page 15 of 45
(2) Modifications requiring approval are made to
existing development,or vacant property that
previously accommodated any legal development
and do not:(a)add new Service Units,(b)
increase the impact of previous or existing
Service Units on existing or future Capital
Facilities,or (c)
the previous or
different category
higher development
change the land -use type of
existing development to a
of development for which a
fee would have been due.To
the extent that any
the requirements
development
between the
have been
modification does not meet
of this paragraph,the
fee due shall be the difference
development fee that was or would
due on the previous or existing
development and the development fee that is due
on the development as modified.
(3) 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.
(4) Expansion,upgrade or repair of a legally
existing residential dwelling unit or structure.
(5) Construction or installation of a development on
vacant property that previously accommodated any
legal development,subject to the terms of
Subparagraph (2) above.
(6) 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 1 one-way average
daily trip.
(D)Temporary Exemptions from development fee Schedules.
New developments in the City shall be temporarily
exempt from increases in development fees that
result from the adoption of new or modified
development fee schedules as follows:
(/)Residential Uses.On or after the day that the
first building permit is issued for a single
unit residential development,the City shall,
at the permittee's request,provide the
Page 16 of 45
permittee with an applicable development fee
schedule that shall be in force for a period of
24 months beginning on the day that the first
building permit is issued,and which shall
expire at the end of the first business day of
the 25th month thereafter.During the effective
period of the applicable development fee
schedule,any building permit issued for the
same single unit residential development shall
not be subject to any new or modified
development fee schedule.
(2)Commercial,Office,Industrial,and 2+Unit
dwelling unit structures.On or after the day
that the final approval, as defined in A.R.S. §
9-463.05(T)(4),is issued for a commercial,
office,industrial or 2+ Unit development,the
City shall provide an applicable development
fee schedule that shall be in force for a
period of 24 months beginning on the day that
final development approval of a site plan or
final subdivision plat is given,and which
shall expire at the end of the first business
day of the 25th month thereafter.During the
effective period of the applicable development
fee schedule,any building permit issued for
the same development shall not be subject to
any new or modified development fee schedule.
(3)Other Development.Any Category of Development
not covered under paragraphs 1 and 2 of this
Subsection shall pay development fees according
to the fee schedule that is current at the time
of collection as specified in Subsection (A) of
this Section.
(4)Changes to Site Plans and Subdivision Plats.
Notwithstanding the other requirements of this
Subsection,if changes are made to a
development's final site plan or subdivision
plat that will increase the number of service
units after the issuance of a grandfathered
development fee schedule,the City may assess
any new or modified development fees against
the additional service units.If the City
reduces the amount of an applicable development
fee during the period that a grandfathered
development fee schedule is in force,the City
shall assess the lower development fee.
Page 17 of 45
(E)Option to Pursue Special Fee Determination.Where a
Subject Development is of a type that does not
closely fit within a particular Category of
Development appearing on an adopted development fee
schedule,or where a Subject Development has unique
characteristics such that the actual burdens and
costs associated with providing Necessary Public
Services to that development will differ
substantially from that associated with other
developments in a specified Category of Development,
the City may require the Applicant to provide the
City Development Fee Administrator or authorized
designee with an alternative development fee
analysis.Based on a projection of the actual
burdens and costs that will be associated with the
Subject Development,the alternative development fee
analysis may propose a unique fee for the
development based on the application of an
appropriate Service Unit factor to the applicable
Cost per Service Unit,or may propose that the
development be covered under the development fee
schedule governing a different and more analogous
Category of Development.The City Development Fee
Administrator or authorized designee shall review
the alternative impact fee analysis and shall make a
determination as to the development fee to be
charged.Such decision shall be appealable pursuant
to Section 7-1-17 of this Chapter.The City
Development Fee Administrator or authorized designee
may require the Applicant to pay an administrative
fee to cover the actual costs of reviewing the
special fee determination application.
(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, the person may
request to perform an individual assessment of the
impact of the proposed development at his or her 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:
(a) Street Facilities development fees (as set
forth in Section 7-1);
Page 18 of 45
(b) Police Facilities development fees (as set
forth in Section 7-2);
(c) Parks and Recreational Facilities
development fees (as set forth in Section
7-3);
(d) Library Facilities development fees (as set
forth in Section 7-4); and
(2)If the Development Fee Administrator accepts
the computations of the individual assessment
under this subchapter,the applicable fee shall
be determined from the individual assessment.
7-1-14 EXPENDITURE OF DEVELOPMENT FEES.
(A)Development fees may only be spent on qualifying
improvements, as follows:
(1)Street Facilities development fees shall be
spent as set forth in Section 7-1-3;
(2)Police Facilities development fees shall be
spent as set forth in Section 7-2-3;
(3)Parks and Recreational Facilities development
fees shall be spent as set forth in Section 7-
3-3;
(4)Library Facilities development fees shall be
spent as set forth in Section 7-4-3;
(B)Time Limit.Development fees collected after August
3,2014 shall be used within ten years of the date
upon which they were collected for all Categories of
Necessary Public Services.
7-1-15 DEVELOPMENT FEE CREDITS AND CREDIT AGREEMENTS.
(A)Eligibility of Capital Facility.All development fee
Credits must meet the following requirements:
(1)One of the following is true:
(a) The Capital Facility,or the financial
contribution toward a Capital Facility that
will be provided by the developer and for
which a Credit will be issued,must be
identified in an adopted Infrastructure
Improvements Plan and Development Fee
Report as a Capital Facility for which a
development fee was assessed; or
Page 19 of 45
(b) The Applicant must demonstrate to the
satisfaction of the City that,given the
class and type of improvement,the subject
Capital Facility should have been included
in the Infrastructure Improvements Plan in
lieu of a different Capital Facility that
was included in the Infrastructure
Improvements Plan and for which a
development fee was assessed.If the
subject Capital Facility is determined to
be eligible for a Credit in this manner,
the City shall amend the Infrastructure
Improvements Plan to (i)include the
subject replacement Facility and (ii)
delete the Capital Facility that will be
replaced.
(2)Credits shall not be available for any
infrastructure provided by a developer if the
cost of such infrastructure will be repaid to
the developer by the City through another
agreement or mechanism.To the extent that the
developer will be paid or reimbursed by the
City for any contribution,payment,
construction,or dedication from any City
funding source including an agreement to
reimburse the developer with future collected
development fees pursuant to Section 7-1-16 of
this Chapter,any Credits claimed by the
developer shall be:(a)deducted from any
amounts to be paid or reimbursed by the City;
or (b)reduced by the amount of such payment or
reimbursement.
(B)Eligibility of Subject Development.To be eligible
for a Credit,the Subject Development must be
located within the Service Area of the eligible
Capital Facility.
(C)Calculation of Credits.Credits will be based on
that portion of the costs for an eligible Capital
Facility identified in the adopted Infrastructure
Improvements Plan for which a development fee was
assessed pursuant to the Development Fee Report.If
the Gross Development Fee for a particular category
of Necessary Public Service is adopted at an amount
lower than the Cost per Service Unit,the amount of
any Credit shall be reduced in proportion to the
difference between the Cost per Service Unit and the
Page 20 of 45
Gross Development Fee adopted.A Credit shall not
exceed the actual costs the Applicant incurred in
providing the eligible Capital Facility.
(1)Credits will be based on the included costs in
the calculation of the cost per Service Unit
for each category of Necessary Public Service,
including costs of land acquisition,
improvements,engineering and architectural
services,studies leading to design,design,
construction,financing,and administrative
costs, as well as projected costs of inflation.
(D)Allocation of Credits.Before any Credit can be
issued to a Subject Development (or portion
thereof),the Credit must be allocated to that
development by executing a Credit Agreement between
the Developer and the City stating the total amount
of the Credits resulting from provision of an
eligible Capital Facility.
(1)It is the responsibility of the Developer to
request allocation of development fee Credits
through an application for a Credit Agreement
(which may be part of a Development Agreement
entered into pursuant to Section 7-1-16 of this
Chapter).
(2)If a building permit is issued,and a
development fee is paid prior to execution of a
Credit Agreement for the Subject Development,
no Credits may be allocated retroactively to
that permit.Credits may be allocated to any
remaining permits for the Subject Development
in accordance with this Chapter.
(3)If the entity that provides an eligible Capital
Facility sells or relinquishes a development
(or portion thereof)that it owns or controls
prior to execution of a Credit Agreement or
Development Agreement,Credits resulting from
the eligible Capital Facility will only be
allocated to the development if the entity
legally assigns such rights and
responsibilities to its successor(s)in
interest for the Subject Development.
(4)If multiple entities jointly provide an
eligible Capital Facility,both entities must
enter into a single Credit Agreement with the
City,and any request for the allocation of
Page 21 of 45
Credit within the Subject Development(s)must
be made jointly by the entities that provided
the eligible Capital Facility.
(E)Credit Agreement.Credits shall only be issued
pursuant to a Credit Agreement executed in
accordance with Subsection D of this Section.The
City Manager or Authorized Designee is authorized by
this Chapter to enter into a Credit Agreement with
the controlling entity of a Subject Development,
subject to the following:
(1)The Developer requesting the Credit Agreement
shall provide all information requested by the
City to allow it to determine the value of the
Credit to be applied.
(2)An application for a Credit Agreement shall be
submitted to the City by the Developer within
one year of the date on which ownership or
control of the Capital Facility passes to the
City.
(3)The Developer shall submit a draft Credit
Agreement to the City Manager or authorized
designee(s)for review.The draft Credit
Agreement shall include,at a minimum,all of
the following information and supporting
documentation:
(a) A legal description and map depicting the
location of the Subject Development for
which Credit is being applied.The map
shall depict the location of the Capital
Facilities that have been or will be
provided.
(b) An estimate of the total Service Units that
will be developed within the Subject
Development depicted on the map and
described in the legal description.
(c) A list of the Capital Facilities,
associated physical attributes,and the
related costs as stated in the
Infrastructure Improvements Plan.
(d) Documentation showing the date(s)of
acceptance by the City,if the Capital
Facilities have already been provided.
(e) The total amount of Credit to be applied
within the Subject Development and the
Page 22 of 45
calculations leading to the total amount of
Credit.
(f) The Credit amount to be applied to each
Service Unit within the Subject Development
for each Category of Necessary Public
Services.
(4)Calculation and payment of credits not
involving transfer of land,non-contiguous
parcels,or delayed fee payments shall be
approved by the City Manager or authorized
designee(s).Credit Agreements for all other
Subject Development shall be approved by the
City Manager prior to its execution.The City
Manager's determination of the Credit to be
allocated is final.
(5)Upon execution of the Credit Agreement by the
City and the Applicant, Credits shall be deemed
allocated to the Subject Development.
(6)Any amendment to a previously approved Credit
Agreement must be initiated within two years of
the City's final acceptance of the eligible
Capital Facility for which the amendment is
requested.
(7)Any Credit Agreement approved as part of a
Development Agreement shall be amended in
accordance with the terms of the Development
Agreement and Section 7-1-16 of this Chapter.
(F)Issuance of Credits.Credits allocated pursuant to
Subsection (D)of this Section may be issued and
applied toward the Gross Development Fees due from a
development, subject to the following conditions:
(1)Credits issued for an eligible Capital Facility
may only be applied to the development fee due
for the applicable Category of Necessary Public
Services, and may not be applied to any fee due
for another Category of Necessary Public
Services.
(2)Credits shall only be issued when the eligible
Capital Facility from which the Credits were
derived has been accepted by the City or when
adequate security for the completion of the
eligible Capital Facility has been provided in
accordance with all terms of an executed
Development Agreement.
Page 23 of 45
(3)Where Credits have been issued pursuant to
Subparagraph (2)of this Subsection,a
development fee due at the time a building
permit is issued shall be reduced by the Credit
amount stated in or calculated from the
executed Credit Agreement.Where Credits have
not yet been issued,the Gross Development Fee
shall be paid in full,and a refund of the
Credit amount shall be due when the Developer
demonstrates compliance with Subparagraph (2)
of this Subsection in a written request to the
City.
(4)Credits,once issued,may not be rescinded or
reallocated to another permit or parcel, except
that Credits may be released for reuse on the
same Subject Development if a building permit
for which the Credits were issued has expired
or been voided and is otherwise eligible for a
refund under Section 7-1-19(A)(2)(a)of this
Chapter.
(5)Notwithstanding the other provisions of this
Section 7-1-15, Credits issued prior to January
1,2012 may only be used for the Subject
Development for which they were issued.Such
Credits may be transferred to a new owner of
all or part of the Subject Development in
proportion to the percentage of ownership in
the Subject Development to be held by the new
owner.
7-1-16 DEVELOPMENT AGREEMENTS.
Development Agreements containing provisions regarding
development fees,development fee Credits,and/or
disbursement of revenues from development fee accounts
shall comply with the following:
(A)Development Agreement Required.A Development
Agreement is required to authorize any of the
following:
(1)To issue Credits prior to the City's acceptance
of an eligible Capital Facility.
(2)To allocate Credits to a parcel that is not
contiguous with the Subject Development and
that does not meet the requirements of
Page 24 of 45
Subparagraph (D)(7)of the Section of this
Chapter.
(3)To reimburse the Developer of an eligible
Capital Facility using funds from development
fee accounts.
(4)To allocate different Credit amounts per
Service Unit to different parcels within a
Subject Development.
(5)For a Single Unit residential Dwelling Unit,to
allow development fees to be paid at a later
time than the issuance of a building permit as
provided in this Section.
(6)To waive development fees owed by the Developer
and establish alternative revenues for
applicable development fee accounts.
(B)General Requirements.All Development Agreements
shall be prepared and executed in accordance with
A.R.S. § 9-500.05 and any applicable requirements of
the City Code. Except where specifically modified by
this Section,all provisions of Section 7-1-15 of
this Chapter shall apply to any Credit Agreement
that is authorized as part of a Development
Agreement.
(C)Early Credit Issuance.A Development Agreement may
authorize the issuance of Credits prior to
acceptance of an eligible Capital Facility by the
City when the Development Agreement specifically
states the form and value of the security (i.e.
bond,letter of Credit,etc.)to be provided to the
City prior to issuance of any Credits.The City
shall determine the acceptable form and value of the
security to be provided.
(D)Non -Contiguous Credit Allocation.A Development
Agreement may authorize the allocation of Credits to
a non-contiguous parcel only if all of the following
conditions are met:
(1)The non-contiguous parcel is in the same
Service Area as that served by the eligible
Capital Facility.
(2)The non-contiguous parcel receives a Necessary
Public Service from the eligible Capital
Facility.
Page 25 of 45
(3)The Development Agreement specifically states
the value of the Credits to be allocated to
each parcel and/or Service Unit, or establishes
a mechanism for future determination of the
Credit values.
(E)Uneven Credit Allocation.The Development Agreement
must specify how Credits will be allocated amongst
different parcels on a per -Service Unit basis,if
the Credits are not to be allocated evenly.If the
Development Agreement is silent on this topic,all
Credits will be allocated evenly amongst all parcels
on a per -Service Unit basis.
(F)Use of Reimbursements.Funds reimbursed to
developers from development fee accounts for
construction of an eligible Capital Facility must be
utilized in accordance with applicable law for the
use of City funds in construction or acquisition of
Capital Facilities,including A.R.S.§34-201,et
seq.
(G)Deferral of Fees.A Development Agreement may
provide for the deferral of payment of development
fees for a residential development beyond the
issuance of a building permit;provided that a
development fee may not be paid later than the 15
days after the issuance of the certificate of
occupancy for that Dwelling Unit.The Development
Agreement shall provide for the value of any
deferred development fees to be supported by
appropriate security,including a surety bond,
letter of credit, or cash bond.
(H)Waiver of Fees.If the City agrees to waive any
development fees assessed on development in a
Development Agreement,the City shall reimburse the
appropriate development fee account(s)for the
amount that was waived pursuant to A.R.S.§9-
463.05.
(1)No Obligation.Nothing in this Section obligates the
City to enter into any Development Agreement or to
authorize any type of Credit Agreement permitted by
this Section.
7-1-17 RELIEF PROCEDURES AND HEARINGS.
The Developer who owes,has paid a development fee,or
disagrees with the Offset amount determined by the
Page 26 of 45
Development Fee Administrator,may appeal to the City
Manager in accordance with the following procedures:
(A)Form of Appeal.Such appeal must be filed with the
Development Fee Administrator in writing:either
within 30 calendar days after the date the City
notified the Developer of an assessment or Offset
determination;or within 30 calendar days after the
Developer paid the development fee.
(B)Fees During Pendency.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 for the
Subject Development.
(C)The City Manager must render a decision within 30
calendar days after the Appeal is received by the
Development Fee Administrator.The City Manager's
failure to render a decision within the 30 calendar
days, absent a continuance request by the Developer,
shall result in the Developer's position prevailing
over the City's.The Developer shall be notified of
the City Manager's decision in writing within 30
calendar days after the Appeal is received by the
Development Fee Administrator.
(D)Final Decision.The decision of the City Manager
shall be considered the final administrative
decision of the City.Any further appeals shall be
pursuant to A.R.S § 12-901 et seq.
7-1-18 DEVELOPMENT FEE AS SUPPLEMENTAL REGULATION TO OTHER
FINANCING METHODS.
(A)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 General Plan,Capital Improvements
Program,Land Development Code,and other City
policies,ordinances and resolutions by which the
Page 27 of 45
City seeks to ensure the provision of Capital
Facilities in conjunction with development.
(B)In addition to the use of development fees, the City
may finance qualifying Capital Facilities through
the issuance of bonds,the formation of assessment
districts or any other authorized mechanism,in a
manner and subject to such limitations as provided
by law.
7-1-19 REFUNDS OF DEVELOPMENT FEES.
(A)Refunds.A refund (or partial refund)will be paid
to any current owner of property within the City who
submits a written request to the City and
demonstrates that:
(1)The permit(s)that triggered the collection of
the development fee have expired or been voided
prior to the commencement of the development
for which the permits were issued and the
development fees collected have not been
expended,encumbered,or Pledged for the
repayment of Financing or Debt; or
(2)The owner of the Subject Development or its
predecessor in interest paid a development fee
for the applicable Capital Facility on or after
August 4,2014,and one of the following
conditions exists:
(a) The Capital Facility designed to serve the
Subject Development has been constructed,
has the capacity to serve the Subject
Development and any development for which
there is reserved capacity, and the service
which was to be provided by that Capital
Facility has not been provided to the
Subject Development from that Capital
Facility or from any other infrastructure.
(b) After collecting the fee to construct a
Capital Facility the City fails to complete
construction of the Capital Facility within
the time period identified in the
Infrastructure Improvements Plan, as it may
be amended,and the corresponding service
is otherwise unavailable to the Subject
Development from that Capital Facility or
any other infrastructure.
Page 28 of 45
(c) For a Category of Necessary Public
Services,any part of a development fee is
not spent within ten years of the City's
receipt of the development fee.
(d) The development fee was calculated and
collected for the construction cost to
provide all or a portion of a specific
Capital Facility serving the Subject
Development and the actual construction
costs for the Capital Facility are less
than the construction costs projected in
the Infrastructure Improvements Plan by a
factor of 10 percent or more.In such
event,the current owner of the Subject
Development shall,upon request as set
forth in this Section A,be entitled to a
refund for the difference between the
amounts of the development fee charged for
and attributable to such construction cost
and the amount the development fee would
have been calculated to be if the actual
construction cost had been included in the
Development Fee Report.The refund
contemplated by this Subsection shall
relate only to the costs specific to the
construction of the applicable Capital
Facility and shall not include any related
design,administrative,or other costs not
directly incurred for construction of the
Capital Facility that are included in the
development fee as permitted by A.R.S. § 9-
463.05.
(B)Earned Interest.A refund of a development fee shall
include any interest actually earned on the refunded
portion of the development fee by the City from the
date of collection to the date of refund.All
refunds shall be made to the record owner of the
property at the time the refund is paid.
(C)Refund to Government.If a development fee was paid
by a governmental entity,any refund shall be paid
to that governmental entity.
Page 29 of 45
7-1-20
(A)
OVERSIGHT OF DEVELOPMENT FEE PROGRAM.
Annual Report.The City shall file with the City
Clerk an unaudited annual report as required by all
applicable laws.
(B)Biennial Audit.The City shall conduct a biennial
audit as required by A.R.S. § 9-463.05.
7-1-21 CALCULATION O F DEVELOPMENT FEES BASED O N FEE
SCHEDULE.
(A)Unless an Applicant requests an individual
assessment as set forth in Subsection 7-1-13(F), 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.
(B)The following development fee schedules have been
adopted by City Council Ordinance No.
incorporated herein by reference:
(1) Street Facilities development
Section 7-1 of this Chapter);
(2) Police Facilities development
Section 7-2 of this Chapter);
(3) Parks and Recreational Facilities development
fee schedule (see Section 7-3 of this Chapter);
and
(4) Library Facilities development fee schedule (see
Section 7-4 of this Chapter).
(C)The units of development specified in the fee
schedule shall be interpreted as follows:
(1)A Dwelling Unit shall be interpreted
Dwelling Unit as defined in Section 7-1-4
this Chapter,provided that it shall also
interpreted as
Manufactured Home
in a Manufactured
Park; and
fee
fee
1399 and are
schedule (see
schedule (see
as
of
be
the creation of a new
or recreational vehicle space
Home or Recreational Vehicle
(2)Building square footage shall be measured in
terms of gross floor area,measured from the
outside surfaces of the building walls.
(D)For categories of uses not specified in the
applicable development fee schedule,the Development
Page 30 of 45
Fee Administrator shall apply the category of use
set forth in the applicable fee schedule that the
Development Fee Administrator deems to be most
similar to the proposed use.
(E)If any plan or permit approval for the
development indicates a mix of uses
development,the development fees
calculated separately for each use and
aggregated.
(F)For an addition,or to remodel or replace
structures,or for a change of use to an
structure,the development fee to be paid
(G)
the
( 1 )
proposed
in the
shall be
the results
existing
existing
shall be
difference, if any, between:
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; and
(2)The fee,if any,that would be payable for the
total development on the site after the new
development.
After receiving a written
the Development
estimate of the
data provided
estimate
build or
request of an Applicant,
Fee Administrator shall provide an
current development fee based on the
by the Applicant.However,this
does not establish any vested rights to
develop the property.
ARTICLE 7-2.STREET FACILITIES DEVELOPMENT FEES
7-2-1 STREET FACILITIES DEVELOPMENT FEE SCHEDULE.
(A)Street Facilities development fees shall be paid
accordance with Appendix 7-A at the conclusion
Chapter 7.
7-2-2 INDIVIDUAL ASSESSMENTS OF STREET FACILITIES
DEVELOPMENT FEES.
in
of
(A)The Street Facilities development fees may 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 or other qualified
Page 31 of 45
professional as approved by the Development Fee
Administrator.
(B)The individual assessment shall include,without
limitation, the following elements:
(1)A projection of the number of vehicular trips
entering and departing from the project during
an average weekday;
(2)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;
(3)The percentage of trips which are "primary
trips"(as opposed to "pass -by trips"or
"diverted -link trips"for which the project is
not the primary destination);
(4)The average length of those trips on the City's
major roadway system;
(5)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
(6)Such information as the Development Fee
Administrator shall reasonably request.
(C)The Streets Facilities development fee per
development unit shall be calculated according to
the following formula(s):
Page 32 of 45
Step 4 - Cost per Development Unit
Streets Level pf Service and Capital Costs
Minor Arterial Cost
Per Vehicle
.Mile Traveled
$32.42,
GROS-VCAPITAL COST.•$32.42
Arterial Street Facilities - Residential Development Fee Schedule
Al 18
VMT =
Aix
Unit Type
Weekday
Vehicle
Trip Ends •
Trip Rate
Adjustment
Factors•
Avg Miles
per Veh. Trip
_ on System •
Trip Length
Weighting
Factors•
,
ienerr
aZ9023=102ign
Single Unit 5.60 64%7.92 121%34.33.
Single Unit- Manufactured 4.49 64%7.92 121%27.54
2+ Unit 4.40 64%7.92 121%26.97.
Arterial Street Facilities - Nonresidential Development Fee Schedule
Weekday
Vehicle
Trip Ends •
Trip Rate
Adjustment
Factors•
Avg Miles
per Veh. Trip
on System •
Trip Length
Weighting
Factors•
.
'vivir (El ..
(Per1,000 •.t.)
Commercial
Office
Industrial
42.70 .33%7.92 66%,7362 -
11.03 50%7.92 73%3187 ..
6.97 SO%7.92 73%•20.14 -.
Streets Level Of Service and Capital Costs
Collector Costs
Cost
Per
VMT
$32.42
$32.42
$32.42
Cost
Per
VM1 Fl
$32.42
$32.42
$32.42
Per Vehicle
Mile Traveled_ ___
-$98.401
GROSS CAPITAL'COST .$98.40
Collector Street Facilities - Residential Development Fee Schedule
Al
VMT =
A. 1 xIBI ow ICI. OD
Unit Type
Weekday
Vehicle
Trip Ends •
Trip Rote
Adjustment
Factors
Avg Miles
per Veh. Trip
on System'
Trip Length
Weighting
'Factors I/MT
lagarlaiMa ,.
Single Unit 5.60 64%2.39 121%10.37
Single Unit - Manufactured 4.49 64%2.39 121%8.32
2* Unit 4.40 64%2.39 121%
Cost
Per
VMS
$98.40
$98.40
$98.40
[1] Current Fee established in 2012 was for Single Family and Manufactured Home. The average of both is entered here.
Collector Street Facilities - Nonresidential Development Fee Schedule
Weekday
Vehicle
Trip Ends •
Trip Rate
Adjustment
Factors•
Avg Miles
per Veh. Trip
on System •
Trip Length
Weighting
Factors •
,.
a t21,000
42.70 33%2.39
...
66%2223 -Commercial
Office
Industrial
11.03 SO%2.39 73%9.62
6.97 50%_2.39 73%6.08 .
Cast
Per
VMS [F]
$98.40
$98.40
$98.40
Arterial Component
Proposed Development
Fee
IL722.8mikriAnd
$1,113
$892
$874
Arterial Component -
Proposed Development Fee
ItjXjF1/1,000
(Per,5quare kookofeloor,Area)
$2.38
$1.03
$0.65
Collector Component
Proposed Development
Fee
(per,Housing,Unit)
$1,020
5818
$801
Collector Component
Proposed Development Fee
(EIXIF)/.1,000
(eer,Square,Footolfloor,Ares)
$2.18
$0.94
$0.59
Page 33 of 45
Streets Level Of Service and Capital Costs
Signalized Intersection Costs
!GROSS CAPITAL COST :
Signalized Intersection Street Facilities - Residential Development Fee Schedule
Al IBI IC
VMT =
Ai x IBI a x
Unit Type
Weekday
Vehicle
Trip Ends •
Trip Rate
Adjustment
Factors •
Avg Miles
per Veh. Trip
on System•
Trip Length
Weighting
Factors'VMT
RMItaZ,MO
Single Unit 5.60 64%10.32 121%44.76
Single Unit -Manufactured 4.49 64%10.32 121%35.91
2+ Unit 4.40 64%10.32 121%35.17
X
X
Per Vehicle
Mile Traveled
$4.89:
Cost
Per
VII/Tr
$4.89
$4.89
$4.89
[1] Current Fee established in 2012 was for Single Fa mily a nd Manufactured Home.The average of both is entered here.
Signalized intersection Street Facilities - Nonresidential Development Fee Schedule
Weekday
Vehicle
Trip Ends •
Trip Rate
Adjustment
Factors'
Avg Miles
per Veh. Trip
on System'
Trip Length
Weighting
Factors'VMTM
1071,000 5..
_
t.)
Commercial
Office
Industrial
42.70 33%10.32 66%_95.98
11.03 50%10.32 73%41.$5
6.97
,
50%10.32 73%26.26
Where:
X
Cost
Per
VTIRT IF1
$4.89
$4.89
$4.89
Arterial Component
Proposed Development
Fee
(Pn_"1-lousing,Uni0
$218
$175
$171
Arterial Component
,Proposed Development Fee
EjX1F j/I,000
(Fletl_S_qygleiLinthof
$0.46
$0.20
$0.12
1 FEE = VMT X Net cost per VMT
'VMT = Average Weekday Trip Ends X Adjustment
Factor X Average Miles per System Trip X
Trip Length Weighting Factors
Weekday Trip =vehicle trips per 1,000 sq.ft.of
'Ends per 1,000 nonresidential development as defined in
Sq. Ft.the ITE Manual
Trip Adjustment =percentage of all trip ends that
Factor represent destination trips as defined in
the ITE Manual
Average Miles =7.95 for Minor Arterials,2.39 for
per System Trip Collectors,and 10.32 for the Street
Facilities system,unless the Applicant
provides convincing evidence that another
factor is more appropriate for the proposed
development
Trip Length =average trip length ratio by land use
Weighting Factor type as defined in the National Household
,Travel Survey
'Net Cost per
_
=$32.42 for Minor Arterials,$98.40 for
'VMT Collectors,and $4.89 for Signalized
Intersections,unless the Applicant
provides convincing evidence that another
net cost factor is more appropriate for the
proposed development
Page 34 of 45
7-2-3 USE OF STREET FACILITIES DEVELOPMENT FEES.
(A)The revenues from Street Facilities development fees
collected within the service area and accrued
interest on such revenues shall be used to finance
project costs of qualifying major Street Facilities
improvements,as determined by the City Council,
provided that the improvements are shown in the
approved Infrastructure Improvements Plan as
described in Section 7-1-10 of this Chapter, and are
located within the same Service Area.
(B)Qualifying Street Facilities 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's
adopted Street Classification Plan on file within
the Public Works Department.
(C)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 Street
Facilities portion of the Capital Improvements
Program and in updating the Street Facilities
development fee computations.
(D)Monies collected as Street Facilities development
fees shall not be used to pay for any of the
following:
(1)Construction,acquisition or expansion of
public facilities other than qualifying Street
Facilities improvements;
(2)Retirement of debt incurred for Street
Facilities constructed prior to March 1,1997;
(3)Street Facilities improvements,such as
acceleration or deceleration lanes,that
Page 35 of 45
primarily serve,or are needed to mitigate the
impacts of an individual development;
(4)Repair,operation or maintenance of existing
streets;
(5)City personnel and consultants hired for
purposes other than those expressly permitted
under Subsections (A) and (B) above;
(6)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
(7)Acquisition of land or rights -of -way.Land
costs are not included in the Street Facilities
development fee calculations and no development
fee funds shall be expended on right-of-way
acquisition,nor shall Offsets against Street
Facilities development fees be provided for
dedication of rights -of -way.
ARTICLE 7-3.POLICE FACILITIES DEVELOPMENT FEES
7-3-1 POLICE FACILITIES DEVELOPMENT FEE SCHEDULE.
(A)Police Facilities development fees shall be paid in
accordance with Appendix 7-A at the conclusion of
Chapter 7.
7-3-2 INDIVIDUAL ASSESSMENTS O F POLICE FACILITIES
DEVELOPMENT FEES.
(A)The Police Facilities 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.
(B)The individual assessment shall include,without
limitation,the data sources and calculations used
to derive the ratio of Service Unit to Land Use for
the type of proposed development.The Police
Facilities development fee per development unit
shall be calculated according to the following
formula:
Page 36 of 45
Police Facilities Residential Level Of Service and Capital Costs
;Vehicle Costs
Communications Equipment Costs
IPand Development Fee Study Cost
IGROSS CAPITAL COST •
Revenue Credit 0%
P r Person
$63.06
$23.86
$6.44
$93.361
$0.00 ,
NET CAPITAL COST ,$93.36)
Police Facilities Residential Development Fee Schedule
Unit Type
Persons per
Housing Unit [1]
Single Unit 1.73
Single Unit - Manufactured 1.21
2+ Unit 1.39
Police Facilities Nonresidential Level Of Service and Capital Costs
Vehicle Costs
Communications Equipment Costs
IIIP and Development Fee Study Cost
!GROSS CAPITAL COST
;Reveniie Credit
Cost per
Person
$93.36
$93.36
$93.36
0%
Development
Fee
$161
$113
$129
Per Names Trip
$7.58
$2.87_
$0.31 c
$10.761
so.ob
NET CAPITAL COST.,$10.76
Police Facilities Nonresidential Development Fee Schedule
Nonresidential Land Use Vehicle Trips (.11
per 1,000 SF
Commercial 14.09
Office 5.52
Industrial 3.49
[1] Development Fee Land Use Assumptions
(2] Current Fee established in 2012
Where:
Cost per
Nonres Trip
$10.76
$10.76
$10.76
Development
Fee
$0.15
$005
$0.03
Persons per = the average number of persons per total
Housing Unit dwelling units of the proposed housing
.type
Vehicle Trips = Weekday Trip Ends per 1,000 Sq.Ft.X
Trip Adjustment Factor as defined in the
ITE Manual
Weekday Trip =vehicle trips per 1,000 sq.ft.of
Ends per 1,000 nonresidential development a s defined in
Sq. Ft.the ITE Manual
Trip =percentage of all trip ends that
Adjustment represent destination trips as defined in
Factor the ITE Manual
Net Cost per =$93.36 unless the Applicant provides
Page 37 of 45
Person convincing evidence that another net cost
factor is more appropriate for the
proposed development
Net Cost per =$10.76 unless the Applicant provides
Non-convincing evidence that another net cost
Residential factor is more appropriate for the
Vehicle Trip proposed development
(C)The Development Fee Administrator shall determine
the fee based on the review of the individual
assessment and the guidelines and formula described
in Subsection (B) of this Section.
7-3-3 USE OF POLICE FACILITIES DEVELOPMENT FEES.
(A)The revenues from Police Facilities development fees
collected within the Service Area and accrued
interest on such revenues shall be used to finance
project costs of qualifying Police Facilities
improvements,as determined by the City Council,
provided that the improvements are shown in the
approved Infrastructure Improvements Plan as
described in Section 7-1-10 of this Chapter, and are
located within the same Service Area.
(B)Qualifying Police Facilities improvements are
limited to capital improvements to the City's public
safety building,acquisition of land for or
construction of Police facilities,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 of the
City to finance qualified improvements.Such
revenues may also fund the cost of consultants used
in updating the Police Facilities portion of the
Capital Improvements Program and in updating the
Police Facilities development fee computations.
(C)Monies collected as Police Facilities development
fees shall not be used to pay for any of the
following:
(1)Construction,acquisition or expansion of
public facilities other than qualifying Police
Facilities improvements;
(2)Retirement of debt incurred for Police
Facilities constructed prior to March 1,1997;
Page 38 of 45
(3)Repair,operation,maintenance or replacement
of existing Police Facilities or capital
equipment; and
(4)City personnel and consultants hired for
purposes other than those expressly permitted
under Subsections (A) and (B) above.
ARTICLE 7-4.PARKS AND RECREATIONAL FACILITIES
DEVELOPMENT FEES
7-4-1 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEE
SCHEDULE.
(A)Parks and Recreational Facilities development fees
shall be paid in accordance with Appendix 7-A at the
conclusion of Chapter 7.
7-4-2 INDIVIDUAL ASSESSMENTS OF PARKS AND RECREATIONAL
FACILITIES DEVELOPMENT FEES.
(A)The Parks and Recreational Facilities 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.
(B)The individual assessment shall include,without
limitation,the data sources and calculations used
to derive the ratio of Service Unit to Land Use for
the type of proposed development.The Parks and
Recreational Facilities development fee per
development unit shall be calculated according to
the following formula:
Page 39 of 45
Parks and Recreational Facilities Level Of Service and Infrastructure Costs
Developed Parks
Developed Parks
Parkland Cost
Park Improvements Cost
Recreation Facility Cost
Multi -Use Trails Cost
IIP and Development Fee Study Cost:
IGROSS CAPITAL COST
--,Revenue Credit 0%
Per Person
$594.31
$204.32
$40.24
$1.98
$7.28
$848.13.
$0.00
NET CAPITAL COST $848.13'
Parks and Recreational Facilities Development Fee Schedule
Unit Type
Persons per
Housina Unit Ill
Single Unit 1.73
Single Unit- Manufactured 1.21
2+ Unit 1.39
[1] Development Fee Land Use Assumptions
[2] Current Fee established in 2012
Cost per
Person
$848.13
$848.13
$848.13
Parks and Recreational Facilities Level Of Service and Infrastructure Costs
Parkland Cost Developed Parks
Park Improvements Cost Developed Parks
Recreation Facility Cost
Multi -Use Trails Cost
IIP and Development Fee Study Cost:
'GROSS CAPITAL COST
;Revenue Credit 0%
Development
Fee
$1,466
$1,027
$1,174
ftacitl
$364.28
$125.24
$24.67
$1.22
$1.71
$517.12
$0.00
NET CAPITAL COST
Parks and Recreational Facilities Development Fee Schedule
Nonresidential Land Use Jobs (3)
'020 1,000ffl
Commercial 2.00
Office 3.32
Industrial 2.31
Cost per
Job
$517.12
$517.12
$517.12
131 Trio Generation Institute of Transportation Engineers, 9th Edition (2012).
[4) City of Apache Junction does not currently assess Parks and Recreational
Facilities development fees on nonresidential development.
Where:
Development
Fee
$1.03
$1.71
$1.19
Persons per = the average number of persons per total
Housing Unit dwelling units of the proposed housing
type
Jobs = Employment per 1,000 Sq.Ft.as defined
in the ITE Manual
Net Cost per =$848.13 unless the Applicant provides
Person convincing evidence that another net cost
factor is more appropriate for the
Page 40 of 45
proposed development
Net Cost per =$517.12 unless the Applicant provides
Job convincing evidence that another net cost
factor is more appropriate for the
proposed development
(C)The Development Fee Administrator shall determine
the fee based on the review of the individual
assessment and the guidelines and formula described
in Subsection (B) of this Section.
7-4-3 USE OF PARK AND RECREATIONAL FACILITIES DEVELOPMENT
FEES.
(A)The revenues from Parks and Recreational Facilities
development fees collected within the Service Area
and accrued interest on the revenues shall be used
to finance project costs of qualifying Parks and
Recreational Facilities improvements,as determined
by the City Council,provided that the improvements
are shown in the approved Infrastructure
Improvements Plan as described in Section 7-1-10 of
this Chapter,and are located within the same
Service Area.
(B)Qualifying Parks and Recreational Facilities
improvements are limited to park site development
costs,including grading,utilities,landscaping,
lighting,fencing,signage and construction of
parking facilities;acquisition,construction and
installation of Parks and Recreational 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 Parks
and Recreational Facilities portion of the Capital
Improvements Program and in updating the Parks and
Recreational Facilities development fee
computations.
(C)Monies collected as Parks and Recreational
Facilities development fees shall not be used to pay
for any of the following:
Page 41 of 45
(1)Construction,acquisition or expansion of
public facilities other than qualifying Parks
and Recreational Facilities improvements;
(2)Retirement of debt incurred for Parks and
Recreational Facilities constructed prior to
March 1,1997;
(3)Repair,operation,maintenance or replacement
of existing Parks and Recreational Facilities
or capital equipment; and
(4)City personnel and consultants hired for
purposes other than those expressly permitted
under Subsections (A) and (B) above.
ARTICLE 7-5.LIBRARY FACILITIES DEVELOPMENT FEES
7-5-1 LIBRARY FACILITIES DEVELOPMENT FEE SCHEDULE.
(A)Library Facilities development fees shall be paid in
accordance with Appendix 7-A at the conclusion of
Chapter 7.
7-5-2 INDIVIDUAL ASSESSMENTS OF LIBRARY FACILITIES
DEVELOPMENT FEES.
(A)The Library Facilities 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.
(B)The individual assessment shall include,without
limitation,the data sources and calculations used
to derive the ratio of Service Unit to Land Use for
the type of proposed development.The development
fee per development unit shall be calculated
according to the following formula:
Page 42 of 45
Library Facilities Level of Service and Infrastructure Costs
Library Facilities
IIP and Development Fee Study Cost
'GROSSCAPITAL COST
Revenue Credit 0%
Per Person
$534.90
$5.29
7 5 4-7.g'
$0.00
NET CAPITAL COST $540.19
Library Facilities Development Fee Schedule
Unit Type
Persons per
Housing Unit (1)
Single Unit 1.73
Single Unit - Manufactured 1.21
2+ Units 1.39
[1] Development Fee Land Use Assumptions
[2] Current Fee established in 2012
Library Facilities Level of Service and Infrastructure Costs
Library Facilities
IIP and Development Fee Study Cost
IGROSSCAPITAL COST
Revenue Credit 0%
Cost per
Person
$540.19
$540.19
$540.19
Per Job
$151.93
$1.24
$153.171
$0.00
NET CAPITAL COST $153.17
Library Facilities Nonresidential Development Fee Schedule
Nonresidential Land Use Jobs (3)
Commercial
per 1,000 SF
2.00
Office 3.32
Industrial 2.31
Cost per
Job
X $153.17 I =
XI $153.17 =
X $153.17 =
Development
Fee
$934
$654
$748
Development
Fee
$0.30
$0.50
$0.35
131 Trio Generation Institute of Transportation Engineers, 9th Edition (2012).
[4] City of Apache Junction does not currently assess Library Facilities
development fees on nonresidential development.
Where:
Persons per = the average number of persons per total
Housing Unit dwelling units of the proposed housing
type
Jobs = Employment per 1,000 Sq.Ft.as defined
in the ITE Manual
Net Cost per =$540.19 unless the Applicant provides
Person convincing evidence that another net cost
factor is more appropriate for the
proposed development
Net Cost per =$153.17 unless the Applicant provides
Page 43 of 45
Job convincing evidence that another net cost
factor is more appropriate for the
proposed development
(C)The Development Fee Administrator shall determine
the fee based on the review of the individual
assessment and the guidelines and formula described
in Subsections (A) and (B) of this Section.
7-5-3 USE OF LIBRARY FACILITIES DEVELOPMENT FEES.
(A)The revenues from Library Facilities development
fees collected within the Service Area and accrued
interest on such revenues shall be used to finance
project costs of qualifying Library Facilities
improvements,as determined by the City Council,
provided that the improvements are shown in the
approved Infrastructure Improvements Plan as
described in Section 7-1-10 of this Chapter, and are
located within the same Service Area.
(B)Qualifying Library Facilities 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.The revenues may also fund
the cost of consultants used in updating the Library
Facilities portion of the Capital Improvements
Program and in updating the Library Facilities
development fee computations.
(C)Monies collected as Library Facilities development
fees shall not be used to pay for any of the
following:
(1) Construction,acquisition or expansion of public
facilities other than qualifying Library
Facilities improvements;
(2) Retirement of debt incurred for Library
Facilities constructed prior to March 1,1997;
Page 44 of 45
(3) Repair,operation,maintenance or replacement of
existing Library Facilities or capital
equipment; and
(4) City personnel and consultants hired for
purposes other than those expressly permitted
under Subsections (A) and (B) above.
APPENDIX 7-A.DEVELOPMENT FEE SCHEDULE
I Library
Parks &I
Recreation Police WWI=
Total
Development Fee
Residential
Nonre
Per Housing(NM
Single Unit
Single Unit- Manufactured Homes
2+ Unit
$934
$654
$748
$1,466
$1,027
$1,174
$161
$113
$129
$2,364
51,895
$1,856
$4,925
$3,689
$3,907
Idential I aztz=====p2pgun zipanc:guta y a x
Commercial $0.30 $1.031 $0.15 $5.04 $6.52
Office $0.50 $1.71 50.05 .$2.18 $4.44
Industrial $0.35 $1.19 $0.03 $1.36 $2.93
Page 45 of 45