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Section
7-1-1 Title
7-1-2 Legislative intent
7-1-3 Purpose and administration
7-1-4 Definitions
7-1-5 Applicability
7-1-6 Service areas
7-1-7 Authority for development fees
7-1-8 Fund accounting for development fees
7-1-9 Land use assumptions
7-1-10 Infrastructure improvements plan
7-1-11 Adoption and modification procedures
7-1-12 Timing for the renewal and updating of the infrastructure improvements plan and the land use assumptions
7-1-13 Collection of development fees
7-1-14 Expenditure of development fees
7-1-15 Development fee credits and credit agreements
7-1-16 Development agreements
7-1-17 Relief procedures and hearings
7-1-18 Development fee as supplemental regulation to other financing methods
7-1-19 Refunds of development fees
7-1-20 Oversight of development fee program
7-1-21 Calculation of development fees based on fee schedule
Editor’s note:
Effective date for this Chapter is October 31, 2022.
(A) 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 including the cost of infrastructure, improvements, real property, engineering and architectural services, financing and professional services as a result of preparation or revision of a development fee including infrastructure improvements plan:
(1) 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,
(2) 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.
(3) 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.
(B) 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.
(Ord. 1521, passed 8-16-2022)
(A) This Chapter assesses development fees to offset the costs to the city associated with providing necessary public services to a development. The fees shall:
(1) Result in a beneficial use to the development;
(2) Bear a rational relationship to the burden of the developer; and
(3) Be assessed in a non-discriminatory manner.
(B) The development fees to be paid by each new development pursuant to this Chapter are to be proportional to the impact based on service units 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 shall be referred to 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.
(Ord. 1521, passed 8-16-2022)
For the purpose of this Chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Singular terms shall include their plural.
APPLICANT. A person who applies to the city for a construction or improvement 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, swim 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.
ASSISTED LIVING. Establishments primarily providing either routine general protective oversight, assistance with activities necessary for independent living to mentally or physically limited persons, or establishments providing care for persons who are unable to care for themselves. By way of example, Assisted Living includes assisted living facilities, nursing homes, rest homes, chronic care homes, and convalescent homes.
CONSTRUCTION OR IMPROVEMENT 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.
CAPITAL FACILITY. An asset having a useful life of 3 or more years that is a component of 1 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 DEVELOPMENT. A specific category of residential, commercial, office, industrial, or institutional development against which a development fee is calculated and assessed. The city assesses development fees against the following categories of development: residential, commercial, office, industrial, and institutional.
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.
CITY. The City of Apache Junction, Arizona.
COMMERCIAL LAND USE. Establishments primarily selling merchandise, eating/drinking places, and entertainment uses. By way of example, commercial includes shopping centers, supermarkets, pharmacies, restaurants, bars, nightclubs, automobile dealerships, and movie theaters. 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 Vol. II, § 7-1-15 of this Chapter. A credit agreement may be included as part of a development agreement pursuant to Vol. II, § 7-1-16 of this Chapter.
CREDIT ALLOCATION. A term used to describe when credits are distributed to a particular development or 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 Vol. II, § 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 OR 2+ UNIT LAND USE. A building containing 2 or more primary dwelling units on a single lot. Types of multiple residence dwellings include duplexes, garden apartments, and multi-story apartment buildings as well as a guest house.
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. Mobile home includes both occupied and vacant mobile homes, to which no permanent rooms have been added. Mobile homes used only for business purposes or for extra sleeping space and mobile homes for sale on a dealer's lot, at the factory, or in storage are not counted in the housing inventory.
DWELLING, SINGLE UNIT OR SINGLE-FAMILY LAND USE.
(1) Single-family detached is a one-unit structure detached from any other house, that is, with open space on all four sides. Such structures are considered detached even if they have an adjoining shed or garage. A one-family house that contains a business is considered detached if the building has open space on all four sides.
(2) Single-family attached (townhouse) is a one-unit structure that has one or more walls extending from ground to roof separating it from adjoining structures. In row houses (sometimes called townhouses), double houses, or houses attached to nonresidential structures, each house is a separate, attached structure if the dividing or common wall goes from ground to roof.
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 Improvements 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.
EXCLUDED PARK FACILITY. Parks and recreational facilities for which development fees may not be charged pursuant to A.R.S. § 9-463.05.
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.
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. Establishments primarily engaged in the production, transportation, or storage of goods. By way of example, industrial includes manufacturing plants, distribution warehouses, trucking companies, utility substations, power generation facilities, and telecommunications buildings.
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 Vol. II, § 7-1-10 of this Chapter to cover any category or combination of categories of necessary public services.
INSTITUTIONAL LAND USE. Public and quasi-public buildings providing educational, social assistance, or religious services on real property. By way of example, institutional includes schools, universities, churches, daycare facilities, and government buildings.
INDIVIDUAL ASSESSMENT. Alternate calculation of development fees performed at developer’s direction using criteria approved by the Development Fee Administrator.
LAND USE ASSUMPTIONS. Projections of changes in land uses, densities, intensities and population for a service area over a period of at least 10 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, magnetic, or paper) for non-commercial use by the public in a facility providing a direct benefit to development. Libraries do not include excluded library facilities, although a library may contain, provide access to, or otherwise support an excluded library facility.
LODGING. A place of lodging that provides sleeping accommodations and may include supporting facilities such as restaurants, cocktail lounges, meeting and banquet rooms or convention facilities, limited recreational facilities (pool, fitness room, etc.), and/or other retail and service shops.
MANUFACTURED HOME PARK. Any development providing rental spaces for occupancy on a non-permanent basis for manufactured homes and/or recreational vehicles.
MULTI-FAMILY LAND USE. Units in structures containing two or more housing units, further categorized as units in structures with 2, 3 or 4, 5 to 9, 10 to 19, 20 to 49 and 50 or more apartments.
NECESSARY PUBLIC SERVICES. The meaning prescribed in A.R.S. § 9-463.05(T)(7), as amended.
NONRESIDENTIAL LAND USES. Those defined according to the descriptions of land uses in the most current edition of Trip Generation, published by the Institute of Transportation Engineers, provided that retail uses not separately identified shall be classified in the shopping center category, and institutional uses not separately identified shall be classified in the general office category.
OFFICE LAND USE. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
OFFICE AND OTHER SERVICES. Establishments providing management, administrative, professional, or business services; personal and health care services. By way of example, OFFICE AND OTHER SERVICES includes banks, business offices, hotels and motels, and hospitals.
OFFSET. An amount which is subtracted from the overall costs of providing necessary public services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for development fees), and other revenue sources, pursuant to A.R.S. § 9-463.05.
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, 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, and any facility that is used for training officers from more than 1 station or substation.
QUALIFIED PROFESSIONAL. Any 1 of the following:
(1) 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;
(2) 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
(3) Any other person operating under the supervision of 1 or more of the above.
RECREATIONAL VEHICLE. A recreational vehicle (as defined in A.R.S. § 41-2142(30)) is any living quarters occupied as a housing unit that does not fit the other categories (e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles,
boats, vans, railroad cars, and the like are included only if they are occupied as a current place of residence.
RECREATIONAL VEHICLE PARK. Facilities for the temporary storage, parking and maneuvering of recreational vehicles with adequate roads and stall sites, 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:
(1) The city will provide a category of necessary public services to development at a planned level of service; and
(2) 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.
(3) 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 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 Vol. II, § 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.
(Ord. 1521, passed 8-16-2022)
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