When used in this chapter, the terms listed below shall have the following meanings unless the context requires otherwise. Singular terms shall include their plural.
“Applicant” means a person who applies to the city for a building permit.
“Appurtenance” means 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” means a facility primarily designed to host non-recreational competitive functions generally occurring within water, including but not limited to, water polo games, swimming 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.
“Building permit” means 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 the wastewater system.
“Capital facility” means an asset having a useful life of three or more years that is a component of one 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 necessary public service” means “a category of necessary public services” for which the city is authorized to assess development impact fees, as further defined in Subsection 4.01.080.A.1 of this chapter.
“Category of development” means a specific category of residential, commercial, or industrial development against which a development impact fee is calculated and assessed. The city assesses development impact fees against all development utilizing the following categories of development:
A. Residential development on a per-dwelling-unit basis (which includes, but is not limited to, single-family, multi-family, mobile home/park model, and all other types of residential dwelling units); and
B. Non-residential development on a per-room or per-square-foot basis (which includes, but is not limited to, commercial/retail development, office/institutional, business park, light industrial, warehousing, manufacturing and hotel).
“City” means the City of Casa Grande, Arizona.
“Credit” means a reduction in an assessed development impact fee resulting from developer contributions to, payments for, construction of, or dedications for capital facilities included in an infrastructure improvements plan pursuant to Section 4.01.120 of this chapter (or as otherwise permitted by this chapter).
“Credit agreement” means a written agreement between the city and the developer(s) of subject development that allocates credits to the subject development pursuant to Section 4.01.120 of this chapter. A “credit agreement” may be included as part of a development agreement pursuant to Section 4.01.130 of this chapter.
“Credit allocation” means 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” means a term used to describe when the amount of an assessed development impact fee attributable to a particular development or parcel of land is reduced by applying a credit allocation.
“Developer” means 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” means an agreement prepared in accordance with the requirements of Section 4.01.130 of this chapter, A.R.S. § 9-500.05, and any applicable requirements of the City Code.
“Direct benefit” means a benefit to a SMU resulting from a capital facility that:
A. Addresses the need for a necessary public service created, in whole or in part, by the SMU; and that
B. Meets either of the following criteria:
1. The capital facility is located in the immediate area of the SMU and is needed in the immediate area of the SMU to maintain the level of service; or
2. 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 SMU to maintain the city's level of service.
“Dwelling unit” means a house, apartment, townhome, condominium unit, mobile home or trailer, park home, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters. “Dwelling unit” also includes spaces for recreational vehicles or travel trailers, but does not include hotels designed primarily for transient occupant purposes, nor shall it include rooms in hospitals or nursing homes.
“Equipment” means machinery, tools, materials, and other supplies, not including vehicles, which 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” means library facilities for which development impact fees may not be charged pursuant to A.R.S. § 9-463.05, including that portion of any library facility that exceeds ten thousand square feet, and equipment, vehicles or appurtenances associated with library operations.
“Excluded park facility” means park and recreational facilities for which development impact fees may not be charged pursuant to A.R.S. § 9-463.05, including amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, or zoo facilities.
“Fee report” means a written report developed pursuant to Section 4.01.090 of this chapter that identifies the methodology for calculating the amount of each development impact fee, identifies the service area to which each impact fee applies, explains or demonstrates the relationship between the development impact fee to be assessed and assumptions and calculations set forth in the infrastructure improvements plan, and which meets other requirements set forth in A.R.S. § Section 9-463.05.
“Financing or debt” means 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.
“Fire protection” means a category of necessary public services that may include fire stations, fire equipment, fire vehicles and all appurtenances for fire stations. “Fire protection” does not include vehicles or equipment used to provide administrative services, or helicopters or airplanes. “Fire protection” does not include any facility that is used for training firefighters from more than one station or substation.
“General Plan” refers to the overall land-use plan for the city establishing areas of the city for different purposes, zones and activities adopted by the city pursuant to the provisions of A.R.S. Title 9, Chapter 4, Article 6, as amended, and including any specific area plans adopted pursuant thereto.
“Grandfathered facilities” means capital facilities provided through financing or debt incurred before June 1, 2011, for which a development impact fee has been pledged towards repayment as described in Subsection 4.01.050.C of this chapter.
“Gross Impact Fee” means The total development impact fee to be assessed against a subject development on a per-unit basis, prior to subtraction of any credits.
“Infrastructure improvements plan” means a document or series of documents that meet the requirements set forth in A.R.S. § 9-463.05, including those adopted pursuant to Section 4.01.090 of this chapter to cover any category or combination of categories of necessary public services.
“Land use assumptions” means projections of changes in land uses, densities, intensities and population for a service area over a period of at least ten years as specified in Section 4.01.070 of this chapter.
“Level of service” means 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” means 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.
“Necessary public services” shall have the meaning prescribed in A.R.S. § 9-463.05, Subsection T, paragraph 7.
“Offset” means an amount 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 impact fees), and other revenue sources, as determined by the city pursuant to Section 4.01.080 of this chapter.
“Parks and recreational facilities” means a category of necessary public services that may include, but is not limited to, parks, swimming pools and related facilities and equipment located on real property not larger than thirty acres in area, as well as park facilities larger than thirty 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.
“Plan-based cost per SMU” means the total future capital costs listed in the infrastructure improvements plan for a category of necessary public services, divided by the total new service units projected in a particular service area for that category of necessary public services over the same time period.
“Pledged” is defined as follows. Where used with reference to a development impact fee, a development impact 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 impact fee was assessed pursuant to the then-applicable provisions of A.R.S. § 9-463.05.
“Police facilities” means a category of necessary public services that may include vehicles and equipment 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. “Police facilities” do not include any facility used for training officers from more than one station or substation.
“Qualified professional” means any one of the following:
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;
B. A financial analyst, planner, or other non-licensed professional providing services within the scope of the person's education or experience related to city planning, zoning, or impact development fees; or
C. Any other person operating under the supervision of one or more of the above.
“Service area” means any specified area within the boundaries of the city within which:
A. The city will provide a category of necessary public services to development at a planned level of service; and
B. Within which:
1. A substantial nexus exists between the capital facilities to be provided and the development to be served; or
2. In the case of library facilities or a park facility larger than thirty 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.
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 measurement unit (SMU)” means a unit of development within a particular category of development, defined in terms of a standardized measure of the demand that a unit of development in that category of development generates for necessary public services. A “SMU” is a “service unit” for purposes of paragraph (T), subparagraph (10) of A.R.S. § 9-463.05.
“Street facilities” means a category of necessary public services that may include 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” means 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 Section 4.01.130 of this chapter.
“Substantial nexus” is defined as follows. A “substantial nexus” exists where the demand for necessary public services that will be generated by a SMU 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” means 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” means 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” means any device, structure, or means of 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.
“Wastewater” means a category of necessary public services that may include, but is not limited to, sewers, lift stations, reclamation plants, wastewater treatment plants, and all other facilities for the collection, interception, transportation, treatment and disposal of wastewater, and any appurtenances for those facilities. (Ord. 1397.04.34 § 3 (part), 2013)