(A) Development fees, together with administrative charges assessed pursuant to division (A)(5) of this section, shall be calculated and collected prior to issuance of permission to commence development, specifically:
(1) Except as set forth in division (A)(2) below, the development fees for all new development shall be calculated and collected in conjunction with the application for the first building permit or electrical permit, certificate of compliance or occupancy, or other permit subsequent to development plan approval for such development, whichever occurs first in time. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the council has passed but have yet to go into effect. At the time the development fees are paid in full, a permit shall be issued.
(2) For other uses not ultimately requiring a building permit, electrical permit, certificate of compliance or occupancy, or other permit, the fee shall be calculated and collected at such time as determined by the Development Fee Administrator. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the council has passed but have yet to go into effect. At the time the development fees are paid in full, a permit shall be issued.
(3) If the building permit is for a change in the type of building use, an increase in square footage, or a change to land use, the development fee shall be assessed on the additional service units resulting from the expansion or change, and following the development fee schedule applicable to any new use type.
(4) No building permit or certificate of occupancy shall be issued if a development fee is not paid as directed in the previous division.
(5) For issued permits that expire or are voided, development fees and administrative charges shall be as follows:
(a) If the original permittee is seeking to renew an expired or voided permit, and the development fees paid for such development have not been refunded, then the permittee shall pay the difference between any development fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed.
(b) If a new or renewed permit for the same development is being sought by someone other than the original permittee, the new permit applicant shall pay the full development fees specified in the fee schedule in effect at the time that the permits are reissued or renewed. If the original permittee has assigned its rights under the permits to the new permit applicant, the new permit applicant shall pay development fees as if it were the original permittee.
(B) Development fees for mobile/manufactured home and recreational vehicle parks including campgrounds shall be assessed for the entire development, based on the number of manufactured home and recreational vehicle spaces and camping spaces created at the time of application for the first building, electrical or other permit for the development. No additional development fees shall be assessed on subsequent building or electrical permits in the manufactured home or recreational vehicle park unless additional spaces are created. Development fees for mobile/manufactured homes and campgrounds placed on single parcels shall be assessed in the same manner as site-built or conventional homes.
(C) Development fees shall not be owed under any of the following conditions:
(1) Development fees have been paid for the development and the permit(s) which triggered the collection of the development fees have not expired or been voided.
(2) Modifications requiring approval are made to existing development, or vacant property that previously accommodated any legally established development and do not: (a) add new service units; (b) increase the impact of previous or existing service units on existing or future capital facilities; or (c) change the land-use type of the previous or existing development to a different category of development for which a higher development fee would have been due. To the extent that any modification does not meet the requirements of this division, the development fee due shall be the difference between the development fee that was or would have been due on the previous or existing development and the development fee that is due on the development as modified.
(3) Placing on a lot or parcel in the city a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office.
(4) Expansion, upgrade or repair of a legally established existing residential dwelling unit or structure.
(5) Construction or installation of a development on vacant property that previously accommodated any legally established development, subject to the terms of division (C)(2) above.
(6) Any development, including but not limited to the mere subdivision of land, installation of utilities, or the use of land for limited recreational, filling or dredging purposes which, in the opinion of the Development Fee Administrator, will not result in a net increase of more than 1 one-way average daily trip.
(D) New developments in the city shall be temporarily exempt from increases in development fees that result from the adoption of new or modified development fee schedules as follows:
(1) Residential uses. On or after the day that the first building permit is issued for a single unit residential development, the city shall, at the permittee's request, provide the permittee with an applicable development fee schedule that shall be in force for a period of 24 months beginning on the day that the first building permit is issued, and which shall expire at the end of the first business day of the 25th month thereafter. During the effective period of the applicable development fee schedule, any building permit issued for the same single unit residential development shall not be subject to any new or modified development fee schedule.
(2) Commercial, office, industrial, institutional, and 2+ unit dwelling unit structures. On or after the day that the final approval, as defined in A.R.S. § 9-463.05(T)(4), is issued for a commercial, office, industrial, institutional or 2+ unit development, the city shall provide an applicable development fee schedule that shall be in force for a period of 24 months beginning on the day that final development approval of a site plan or final subdivision plat is given, and which shall expire at the end of the first business day of the 25th month thereafter. During the effective period of the applicable development fee schedule, any building permit issued for the same development shall not be subject to any new or modified development fee schedule.
(3) Other development. Any category of development not covered under divisions (D)(1) and (2) of this section shall pay development fees according to the fee schedule that is current at the time of collection as specified in division (A) of this section.
(4) Changes to Site Plans and Subdivision Plats. Notwithstanding the other requirements of this division, if changes are made to a development's final Site Plan or subdivision plat that will increase the number of service units after the issuance of a previously adopted and then-in effect development fee schedule, the city may assess any new or modified development fees against the additional service units. If the city reduces the amount of an applicable development fee during the period that a previously adopted and then-in effect development fee schedule is in force, the city shall assess the lower development fee.
(E) Option to pursue special fee determination. Where a subject development is of a type that does not closely fit within a particular category of development appearing on an adopted development fee schedule, or where a subject development has unique characteristics such that the actual burdens and costs associated with providing necessary public services to that development will differ substantially from that associated with other developments in a specified category of development, the city may require the applicant to provide the Development Fee Administrator or authorized designee with an alternative development fee analysis. Based on a projection of the actual burdens and costs that will be associated with the subject development, the alternative development fee analysis may propose a unique fee for the development based on the application of an appropriate service unit factor to the applicable cost per service unit, or may propose that the development be covered under the development fee schedule governing a different and more analogous category of development. The Development Fee Administrator or authorized designee shall review the alternative impact fee analysis and shall make a determination as to the development fee to be charged. Such decision shall be appealable pursuant to Vol. II, § 7-1-17 of this Chapter. The Development Fee Administrator or authorized designee may require the applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application.
(F) Individual assessment of development fees. If any applicant believes that the impact of the proposed development will be substantially less than would be indicated by using the fee schedule, the person may request to perform an individual assessment of the impact of the proposed development at his or her own cost. A request for an individual assessment must be made before submitting an application for a building permit.
(1) The individual assessment shall be subject to the following special standards and procedures:
(a) Street facilities development fees (as set forth in Vol. II, Article 7-2);
(b) Police facilities development fees (as set forth in Vol. II, Article 7-3);
(c) Parks and recreational facilities development fees (as set forth in Vol. II, Article 7-4);
(d) Library facilities development fees (as set forth in Vol. II, Article 7-5); and
(2) If the Development Fee Administrator accepts the computations of the individual assessment under this Chapter, the applicable fee shall be determined from the individual assessment.
(Ord. 1521, passed 8-16-2022)