§ 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".

(Ord. 1521, passed 8-16-2022)

§ 7-1-2 LEGISLATIVE INTENT.

   (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)

§ 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. 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)