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HomeMy WebLinkAboutORD1014ORDINANCE NO.1014 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE VOLUME 2,LAND DEVELOPMENT CODE,CHAPTER 7,BY ADDING ARTICLE 7-2 DEVELOPMENT FEES FOR SCHOOLS; ESTABLISHING THE FEE AND EFFECTIVE DATE FOR COLLECTION THEREOF:REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS,A.R.S.§ 9-463.05 authorizes cities and towns to assess development fees to offset costs to the municipality associated with providing necessary public services to a development;and, WHEREAS,the City of Apache Junction and the Apache Junction Unified School District have entered into a contract with James Duncan and Associates to assist the City in evaluating the cost to the City of providing necessary public services to developments;and, WHEREAS,the Mayor and City Council of the City of Apache Junction have found that a development fee for additional necessary school capital facilities is not only necessary but will result in beneficial use to new development;and, WHEREAS,the Mayor and City Council of the City of Apache Junction have determined that new development within the City impacts the Apache Junction School District by requiring additional necessary school capital facilities, new school buildings with required educational and recreational facilities and equipment; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code Volume 2,Land Development Code,Chapter 7, is hereby amended by adding a new Article 7-2 Development Fees for Schools to read as follows: ORDINANCE NO.1014 PAGE 1 OF 6 Section 7-2-1 Authorization This Section is authorized by Ordinance No.1014 and is enacted pursuant to the general police power of the City and the authority granted to the City by the State of Arizona as found in A.R.S.§ 9-463.05. Section 7-2-2 Purpose and Intent I t is the purpose and intent of the City of Apache Junction to implement a comprehensive plan by requiring that new development pay for its share of public facilities through the imposition of development fees that will be used to finance,defray,or reimburse all or a portion of the costs incurred by the municipality to provide additional necessary public services to its citizens resulting from new residential development within the City. Section 7-2-3 Effective Date The provisions of this Article shall become effective,at the rate of 100%,at 12:01 a.m.on the 16 day of March,1998. Section 7-2-4 Applicability Unless expressly accepted or exempted,this Article applies to all fees imposed by the City to finance,defray or reimburse the cost of additional necessary school capital facilities including additional school buildings,educational or recreational facilities and necessary equipment required by the Apache Junction Unified School District. Section 7-2-5 Exemptions A.This Article does not apply to taxes and special assessments;fees for processing development applications;fees for enforcement of, or inspection pursuant to,regulatory ordinances;fees collected under development agreements;fees imposed pursuant to a reimbursement agreement between the City and a property owner for that portion of the costs of a public facility paid for by the property owner which exceeds the need for the public facility attributable to,reasonably related to,or roughly proportional to,the development;fees to mitigate impacts on environment;or ORDINANCE NO.1014 PAGE 2 OF 6 fees imposed,levied or collected by other governmental agencies including subdivisions of the State and the County. B.This Article does not apply to any permit issued for land that is not zoned residential at the time of permit issuance. Section 7-2-6 Definitions When used in this Article,the following words,terms and phrases,and their derivations,shall have the meaning ascribed to them in this Section,except where the context clearly indicates a different meaning: A.Benefits Area means that geographic area within the City limits of the City of Apache Junction as they exist now or as they may be amended by annexation wherein the fees are collected and expended for a particular capital improvement serving the development within the benefited area. B.Capital Improvement means land or facilities owned,operated or used by the Apache Junction Unified School District for educational and recreational purposes as well as the equipment and furniture necessary to own,operate or use the facility.Capital improvement also includes costs associated with design, engineering,land acquisition and all other costs normally associated with construction of a capital improvement. C.Capital Improvement Plan means a written document submitted to the City by the Apache Junction Unified School District setting forth its board -approved capital improvement plan. D.Capital Improvement Project List means a list submitted annually to the City by the School District describing the location,size, time of availability and estimated cost of each capital improvement authorized by the District and to be considered by the City for funding from this particular development fee account. E.New Development or Development Project means any project undertaken for the purpose of development,including without limitation,a project involving the issuance of a permit for construction,reconstruction or addition to any land located within any zoning district designated as a residential district. ORDINANCE NO.1014 PAGE 3 OF 6 Section 7-2-7 Development Fee FROM AND AFTER the effective date of this Article,the following fees shall be charged and collected at the time of issuance of any building permit as follows: All single-family,detached residential dwelling units,including site- built,manufactured,and modular --$1,368.00;all permits for the placement and location of mobile and manufactured homes in a designated park --$366.00;each individual dwelling unit in any multi -family dwelling unit project --$276.00 per dwelling unit. Section 7-2-8 Development Fee Account All fees collected pursuant to this Article shall be maintained in a separate account with specific notations showing the date upon which the fee was paid,the person paying the fee,the legal description of the property for which the fee is applicable and the owner or owners of record of the real property on the date the fee was paid.The funds shall be invested in the same manner as all other City funds and interest earned on the fund shall be credited to the fund and maintained in the fund. Section 7-2-9 Use of Development Fees The City Council may authorize the transfer of funds to the Apache Junction Unified School District in an amount certain which is designated by resolution for usage of the District in connection with any project on the capital improvements project list previously submitted to the City.The City Council shall schedule a public hearing and take public comment and testimony regarding the proposed use of the funds prior to the actual authorization of transfer.The City Council may also,in its sole discretion,authorize the use of the fund by the direct payment of invoices submitted to the School District by third parties if said invoices have been approved for payment in advance by the School District and are entirely associated with a capital improvement project that has been approved by both the School District and the City. ORDINANCE NO.1014 PAGE 4 OF 6 Section 7-1-10 Offsets and Appeals A.In determining and assessing this development fee,the City shall consider,among other things,the contribution made or to be made in the future,in cash or taxes,fees or assessments,by the property owner towards the necessary public services covered by this development fee.The City shall also assess and determine whether or not the property is located in a community facilities district which will provide for,in whole or part,the necessary public services covered by this fee. B.Any person who pays the development fee may appeal the fee in writing within thirty (30)days after payment.The appeal shall set forth the reason or reasons for the appeal and shall be filed with the City Clerk.Upon receipt of an appeal,the City Clerk shall place the matter on the next available City Council agenda but in no event later than forty-five (45)days from the receipt of the appeal.The City Council shall conduct a hearing on the appeal and shall render a written decision accepting,modifying or rejecting the appeal. Section 7-2-11 Refunds Any fee collected pursuant to this Article that is not either actually expended or committed for expenditure within seven (7)years of the date upon which the fee is paid may be subject to a refund.Persons seeking a refund of unused or uncommitted development fees must do so in writing,stating that they either actually paid the fee or are legal successors in interest to the person who paid the fee and,as such,are entitled to request a refund.All requests for refund shall be placed on an agenda for consideration by the City Council no later than forty- five (45)days after the request is filed with the City Clerk.Council shall determine whether or not a refund,together with all accrued interest to date,should be made.The decision of the City Council shall be in writing and shall be final. Section 7-2-12 Conflicts and Severability In the event of a conflict between the provisions of this Article and any other Ordinance or Resolution establishing or amending development fees,the provisions of this Article shall govern.If any Section, ORDINANCE NO.1014 PAGE 5 OF 6 subsection,sentence,clause,phrase or portion of this Article is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction,such decision shall not effect the validity of the remaining portions of this Article. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 10TH DAY OF DECEMBER ,1997. SIGNED AND ATTESTED TO THIS 11TH DAY OF DECEMBER ,1997. ATTEST: 2/a&Zieee-) KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 12-11-97- R.JOEL STERN City Attorney ORDINANCE NO.1014 PAGE 6 OF 6 DOUGLAS GULEMAN Mayor