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(A) 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, based on the Infrastructure Improvements Plan, pursuant to A.R.S. § 9-463.05.
(2) Development fees shall be assessed against all new residential, commercial, office, institutional, 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 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 1 of the categories of necessary public services for which development fees may be assessed as identified in Vol. II, § 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) The Development Fee Report shall summarize the costs of capital facilities necessary to serve new development on a per service unit basis as 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.
(C) Defined terms in any previously established fee schedule shall be interpreted according to the ordinance in effect at the time of their adoption.
(Ord. 1521, passed 8-16-2022)
(A) The City Finance Department shall establish a separate accounting fund in which the development fees collected for a particular type of capital facility within the service area shall be credited. Such fees shall be invested by the city and the yield on those fees, at the actual rate of return to the city, shall be credited to such accounting fund periodically in accordance with the accounting policies of the city. The funds need not be segregated from other city monies for banking purposes.
(B) (1) 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.
(2) 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) The city shall issue as part of the report required in Vol. II, § 7-1-20 of this Chapter an unaudited accounting of all development fee funds.
(Ord. 1521, passed 8-16-2022)
(A) 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.
(B) The land use assumptions shall be renewed, updated, developed, adopted, and modified subject to the procedures required by A.R.S. § 9-463.05.
(Ord. 1521, passed 8-16-2022)
(A) 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.
(B) (1) The Infrastructure Improvements Plan shall comply with the requirements of A.R.S. §9-463.05, and shall:
(2) 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.
(Ord. 1521, passed 8-16-2022)
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.
(Ord. 1521, passed 8-16-2022)
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