HomeMy WebLinkAboutORD1482ORDINANCE NO. 1482
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AMENDING APACHE JUNCTION
CITY CODE,VOLUME I,CHAPTER 4:FEES;ADOPTING BY
REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2019
AMENDMENTS TO APACHE JUNCTION CITY CODE,VOLUME 1,
CHAPTER 4:FEES,ARTICLE 4-4:DEVELOPMENT SERVICES FEES,
§ 4-4-1 BUILDING PERMIT FEES,§ 4-4-2 GRADING PERMIT
FEES,AND § 4-4-3 PLANNING, SUBDIVISION AND ZONING FEES";
REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE AND A
REVOLVING SIXTY MONTH REVIEW PERIOD.
WHEREAS,pursuant to Arizona Revised Statutes ("A.R.S.")
Title 9, cities and towns are authorized to charge administrative
fees for planning,building,zoning services and subdivision
reviews; and
WHEREAS,on October 19,1999,the mayor and city council
passed Ordinance No.1084 which created Article 4-4:Planning,
Zoning Review and Subdivision Fees;and
WHEREAS, to keep up with inflation and general governmental
practice, the mayor and city council amended the fee schedule on
September 5, 2006 by passage of Ordinance No. 1274, on October 3,
2006 by passage of Ordinance No.1278,on April 5,2016 by
passage of Ordinance No. 1422, and on March 19, 2019 by passage of
Ordinance No. 1469; and
WHEREAS, staff recommends in order to more accurately reflect
the actual cost of providing governmental services to the public
the fee schedule for development services including planning,
building, and zoning fees, be amended to create flat fees for legal
advertising and art in public and private development; adjust fees
for park model settings, manufactured home awnings and remodeling,
commercial roof replacements, commercial heating, ventilation and
air conditioning ("HVAC")permits,commercial water/sewer lines,
and residential toilet and shower/tub relocation/alteration; and
amend fees for grading permits; and
WHEREAS,pursuant to A.R.S §§ 9-801 (1)and 9-802,Apache
Junction City Code,Volume 1,Chapter 4:Fees,Article 4-4:
Development Services Fees,may be adopted after posting for 60 days
on the city website and after a public hearing, and
WHEREAS, such fees were posted on the city website for 60 days
ORDINANCE NO. 1482
PAGE 1 OF 3
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starting on September 23, 2019, and
WHEREAS, A.R.S. § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
by reference without setting forth such provisions in full text
as long as the adopting ordinance is published in full text and
at least three paper copies or one paper copy and one electronic
copy of the code or public record are filed in the office of the
city clerk of the municipality and are made available for public
use and inspection.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
A)SECTION I IN GENERAL
B)That certain fees be amended and/or created in Apache
Junction City Code, Volume I, Chapter 4:Fees,Article 4-4:
Development Services Fees.
C)That certain document known as "2019 Amendments to Apache
Junction City Code, Volume 1, Chapter 4:Fees,Article 4-4
Development Services Fees;§ 4-4-1 Building Permit Fees,§ 4-4-2
Grading Permit Fees;and § 4-4-3 Planning, Subdivision and Zoning
Fees",at least three paper copies or one paper copy and one
electronic copy of which are accessible on the city's website and
filed in the office of the city clerk, which document was made a
public record by Resolution No. 19-36 of the City of Apache
Junction, is hereby referred to, adopted and made a part hereof
as if fully set out in this ordinance, pursuant to A.R.S. § 9-
802.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All other 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.
SECTION III PROVIDING FOR SEVERABILITY
If any section,subsection,
of this ordinance,or any
adopted herein by reference
or unconstitutional by the
jurisdiction, such decisions
remaining portions thereof.
ORDINANCE NO. 1482
PAGE 2 OF 3
sentence,phrase,clause or portion
part of the codes or regulations
is for any reason held to be invalid
decision of any court of competent
shall not affect the validity of the
SECTION IV ESTABLISHING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective February
3, 2020.
SECTION V ESTABLISHING A REVIEW PERIOD
Before the end of each sixty month period after its passage,
adoption and approval by the mayor and city council, staff shall
review the fees and provide a recommendation to the mayor and
city council for any amendments.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS / 7 DAY Or:Dpo m 6.—, 2019.
SIGNED AND ATTESTED TO THIS 17 DAY OF Dio m b,c,_, 2019.
JEFF SERE/
6Mayor
ATTEST:
r\
Ir,e-4/1.-4,4-A-1074 L i I U.4,1
EINNIFEg PENA
Deputy City Clerk
APPROVED AS TO FORM:
cE g 9.19
R. JOEL STERN
City Attorney
ORDINANCE NO. 1482
PAGE 3 OF 3
2019 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER
4:FEES;ARTICLE 4-4:DEVELOPMENT SERVICES FEES,§ 4-4-1 BUILDING
PERMIT FEES,§ 4-4-2 GRADING PERMIT FEES,AND § 4-4-3 PLANNING,
SUBDIVISION AND ZONING FEES
§ 4-4-1 BUILDING PERMIT FEES (Art in Public and Private Development)
1. Developers of any private new mixed -use and/or commercial
(including retail, office, lodging, planned development)
building, or the expansion of any mixed -use and/or commercial
building, including all phases of a multi -phase project and
including religious institutions and nonprofit organizations,
shall: 1) devote an amount equal to one percent (1%) of
building construction costs for the acquisition and
installation of publicly accessible art with a maximum of
$100,000 per building on the development site; or 2)
contribute an equal amount to city's segregated Art in Public
Places Fund ("APPF"). The required expenditure shall be based
on the building permit valuation which shall be confirmed by
the building and safety manager.
a. For smaller projects a floor is established at .25 percent
of the valuation for commercial projects under 5,000
square feet.Projects between 5,000 square feet and
10,000 square feet shall be .5 percent of the valuation
and all other projects exceeding 10,000 square feet shall
be one percent (1%) of the valuation.A ceiling is
established at $100,000 per building for larger projects.
b. Developers of any new multifamily building(s) of 10
dwelling units or more, and/or the expansion of any
existing multifamily residential building(s) by 10
dwelling units or more, shall; 1) devote an amount equal
to one percent (1%) of building construction costs for the
acquisition and installation of publicly accessible art on
the development site; or 2) contribute an equal amount to
the city's segregated APPF. The required expenditure shall
be calculated based on the total number of dwelling units
in the project and the building permit valuation which
shall be confirmed by the building and safety manager.
2. For new public construction projects involving construction
costs over fifty thousand dollars ($50,000), one percent (1%)
of the construction cost shall be used for public art.All
allocations of funds for eligible projects shall include an
amount equal to one percent (1%) of the projected
construction project cost at the time the project is included
in the city's capital improvement program to be used for the
selection, acquisition, commissioning and display of art.
3. Renovation exceeding 50% or more of the gross floor area of a
mixed use and/or nonresidential building calculated based on
Page 1 of 3
the gross floor area of the entire building at the rate
applicable to construction of the same type triggers the one
percent (1%) contribution.
§ 4-4-1 BUILDING PERMIT FEES
FEE TYPE Unit Fee
Park Model Set- permanent flat (Per unit)$300
connections includes up to 480
sq. ft. of attached awning
(HVAC requires separate permit.)
MH Awning (not part of original set per sq. ft.($240 $0.80
permit)min.)
MH Remodeling, Repair residential
interior remodel
Commercial Roof Replacement total val.($225 1.00%
(use 10% of occupancy "U",min.)
Type VB for val.)
Commercial HVAC add or replace per building or $175
mini -split, central air or remote unit
cooler/freezer condenser (plus
$50.00 each additional unit on
same building)
Commercial HVAC add/replace/repair per building or $150
IMC required ventilation equipment unit
Residential water/sewer line per 50 ft.($115 $25
addition/repair/replace up to 50 feet min.)
(plus $25.00 each additional 50 foot
increment)
Commercial water/sewer line per 50 ft.($200 $30
addition/repair/replace up to 50 feet min.)
(plus $30.00 each additional 50 foot
increment)
Residential relocate toilet or per dwelling $100
relocate/alter shower/tub unit
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§ 4-4-2 GRADING PERMIT FEES
Single Family Residential Lot outside of a subdivision
$150 (including plan review) for up to 1,000 cubic yards
Commercial Development* individual lot -
commercial/industrial/multi-family
$350 (including plan review)(under 1 acre)
§4-4-3 PLANNING, SUBDIVISION AND ZONING FEES
DESCRIPTION LEGAL ADVERTISING
FEES
Required public hearing notice advertising Flat Fees
Board of Adjustment and Appeals $100
Appeal of Zoning Administrator's Decision Board of Adjustment
(Residential)and Appeals - $100,
plus $400
(stenographer and
3rd party Attorney
to represent the
Board) - Total of
$500
Appeal of Zoning Administrator's Decision Board of Adjustment
(Non-residential)and Appeals - $100,
plus $400
(stenographer and
3rd party Attorney
to represent the
Board) - Total of
$500
Conditional Use Permit $250
General Plan Amendment $400
Rezoning $1,000
Planned Development/Master Planned $1,500
Community Rezoning
Zoning Text Amendment $1,000
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