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(A) Except as herein otherwise provided, development fees are in addition to any other requirements, taxes, fees or assessments imposed by the city on development or the issuance of building permits or certificates of occupancy which are imposed on and due against property within the jurisdiction of the city. Development fees are intended to be consistent with the city's General Plan, Capital Improvements Program, Land Development Code, and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of capital facilities in conjunction with development.
(B) In addition to the use of development fees, the city may finance qualifying capital facilities through the issuance of bonds, the formation of assessment districts or any other authorized mechanism, in a manner and subject to such limitations as provided by law.
(Ord. 1521, passed 8-16-2022)
(A) Refunds. A refund (or partial refund) will be paid to any current owner of property within the city who submits a written request to the city and demonstrates that:
(1) The permit(s) that triggered the collection of the development fee have expired or been voided prior to the commencement of the development for which the permits were issued and the development fees collected have not been expended, encumbered, or pledged for the repayment of financing or debt; or
(2) The owner of the subject development or its predecessor in interest paid a development fee for the applicable capital facility on or after October 31, 2022, and one of the following conditions exists:
(a) The capital facility designed to serve the subject development has been constructed, has the capacity to serve the subject development and any development for which there is reserved capacity, and the service which was to be provided by that capital facility has not been provided to the subject development from that capital facility or from any other infrastructure.
(b) After collecting the fee to construct a capital facility, the city fails to complete construction of the capital facility within the time period identified in the Infrastructure Improvements Plan, as it may be amended, and the corresponding service is otherwise unavailable to the subject development from that capital facility or any other infrastructure.
(c) For a category of necessary public services, any part of a development fee is not spent within 10 years of the city's receipt of the development fee.
(d) The development fee was calculated and collected for the construction cost to provide all or a portion of a specific capital facility serving the subject development and the actual construction costs for the capital facility are less than the construction costs projected in the Infrastructure Improvements Plan by a factor of 10% or more. In such event, the current owner of the subject development shall, upon request as set forth in this division (A), be entitled to a refund for the difference between the amounts of the development fee charged for and attributable to such construction cost and the amount the development fee would have been calculated to be if the actual construction cost had been included in the Development Fee Report. The refund contemplated by this section shall relate only to the costs specific to the construction of the applicable capital facility and shall not include any related design, administrative, or other costs not directly incurred for construction of the capital facility that are included in the development fee as limited by A.R.S. § 9-463.05.
(B) Earned interest. A refund of a development fee shall include any interest actually earned on the refunded portion of the development fee by the city from the date of collection to the date of refund. There is no duty however for the city to invest the funds in an interest bearing account. All refunds shall be made to the record owner of the property at the time the refund is paid.
(C) Refund to government. If a development fee was paid by a governmental entity, any refund shall be paid to that governmental entity.
(Ord. 1521, passed 8-16-2022)
(A) Unless an applicant requests an individual assessment as set forth in Vol. II, § 7-1-13(F), the development fees shall be calculated for the proposed development based on any plan approval and/or permit allowing the use, according to the applicable fee schedule.
(B) The following development fee schedules have been adopted by City Council Ordinance No. 1521 and are incorporated herein by reference:
(1) Street facilities development fee schedule (see Vol. II, Article 7-2 of this Chapter);
(2) Police facilities development fee schedule (see Vol. II, Article 7-3 of this Chapter);
(3) Parks and recreational facilities development fee schedule (see Vol. II, Article 7-4 of this Chapter); and
(4) Library Facilities development fee schedule (see Vol. II, Article 7-5 of this Chapter).
(C) The units of development specified in the fee schedule shall be interpreted as follows:
(1) A dwelling unit shall be interpreted as dwelling unit as defined in Vol. II, § 7-1-4 of this Chapter, provided that it shall also be interpreted as the creation of a new manufactured home or recreational vehicle space in a manufactured home or recreational vehicle park or a guest house; and
(2) Building square footage shall be measured in terms of gross floor area, measured from the outside surfaces of the building walls and shall include any outside sales area whether under roof or not or outside covered storage area for industrial and commercial uses.
(D) For categories of uses not specified in the applicable development fee schedule, the Development Fee Administrator shall apply the category of use set forth in the applicable fee schedule that the Development Fee Administrator deems to be most similar to the proposed use.
(E) If any plan or permit approval for the proposed development indicates a mix of uses in the development, the development fees shall be calculated separately for each use and the results aggregated.
(F) For an addition, or to remodel or replace existing structures, or for a change of use to an existing structure, the development fee to be paid shall be the difference, if any, between:
(1) The fee, if any, that would be payable for existing development on the site or, in the case of demolition or removal of a structure, the previous development on the site; and
(2) The fee, if any, that would be payable for the total development on the site after the new development.
(G) After receiving a written request of an applicant, the Development Fee Administrator shall provide an estimate of the current development fee based on the data provided by the applicant. However, this estimate does not establish any vested rights to build or develop the property.
(Ord. 1521, passed 8-16-2022)
Street facilities development fees shall be paid in accordance with Vol. II, Appendix 7-A at the conclusion of Chapter 7.
(Ord. 1521, passed 8-16-2022)
(A) The street facilities development fees may be calculated based upon individual assessment. An individual assessment shall be at the cost of the applicant and shall be prepared by a qualified traffic engineer firm or other qualified professional as approved by the Development Fee Administrator.
(B) The individual assessment shall include, without limitation, the following elements:
(1) A projection of the number of vehicular trips entering and departing from the project during an average weekday;
(2) If the site is already developed, and some or all of the existing development will be replaced by the completed project, a calculation of the number of vehicular trips for that portion of the existing development which will be replaced by the completed project;
(3) The percentage of trips which are "primary trips" (as opposed to "pass-by trips" or "diverted-link trips" for which the project is not the primary destination);
(4) The average length of those trips on the city's major roadway system;
(5) The assumptions and conclusions from which any projections are made; if the assumptions or conclusions are derived from the current edition of the Institute of Transportation Engineers (ITE) manual or other standard reference materials, the materials shall be identified and appropriate excerpts or specific references provided; otherwise, the reasoning underlying the assumptions and conclusions shall be clearly stated in writing; and
(6) Such information as the Development Fee Administrator shall reasonably request.
(C) The streets facilities development fee per development unit shall be calculated according to the following formula(s):
Cost per Development Unit | |
Streets Level Of Service and Capital Costs |
Cost Per Vehicle Mile Traveled (VMT)
|
Arterial Improvements | $293.28 |
Development Fee Report | $1.23 |
GROSS CAPITAL COST | $294.51 |
[A] | |||||
Ave Weekday VMT Per Development Unit | Cost per VMT | Proposed Development Fee | |||
Unit Type | (Per Housing Unit)
| ||||
Single Family | 11.04 | X | $294.51 | = | $3,250 |
Multi-Family | 6.04 | X | $294.51 | = | $1,779 |
Recreational Vehicle | 6.04 | X | $294.51 | = | $1,779 |
Unit Type | Ave Weekday VMT Per Development Unit | Cost per VMT [F] | Proposed Development Fee | ||
(Per Square Foot of Floor Area)
| |||||
Commercial | 16.04 | $294.51 | $4.72 | ||
Office and Other Services | 6.94 | $294.51 | $2.04 | ||
Industrial | 3.12 | $294.51 | $0.92 | ||
Institutional | 4.55 | $294.51 | $1.34 | ||
Lodging (per room) | 5.25 | $294.51 | $1,545 | ||
Assisted Living (per bed) | 1.66 | $294.51 | $490 | ||
Where:
FEE | = VMT x Net cost per VMT. |
VMT | = Average Weekday Trip Ends x Adjustment Factor x Average Miles per System Trip x Trip Length Weighting Factors. |
Weekday Trip Ends per 1,000 Sq. Ft. | = vehicle trips per 1,000 sq. ft. of nonresidential development as defined in the ITE Manual. |
Trip Adjustment Factor | = percentage of all trip ends that represent destination trips as defined in the ITE Manual. |
Average Miles per System Trip | = 2.05 for residential units, 1.28 for industrial development, 1.31 for commercial, 1.28 for office and other services, and 1.28 for institutional, and unless the Applicant provides convincing evidence that another factor is more appropriate for the proposed development. |
Trip Length Weighting Factor | = average trip length ratio by land use type as defined in the National Household Travel Survey. |
Net Cost per VMT | = $294.51, unless the Applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development. |
(Ord. 1521, passed 8-16-2022)
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