A. Collection. Development impact fees, together with any administrative charges assessed pursuant to Subsection A.7 of this section, shall be calculated and collected as follows:
1. Residential Development. Development impact fees shall be paid prior to issuance of a building permit. Alternatively, impact fees may be paid prior to the issuance of the earlier of a temporary or final certificate of occupancy, in accordance with the terms of a development agreement adopted pursuant to Section 4.01.130. The development agreement shall require that an appropriate financial security be posted for the value of any deferred fees, to guarantee future payment on or before issuance of any temporary or final certificate of occupancy.
2. Non-residential Development. Development impact fees shall be paid prior to the issuance of a building permit, or alternatively, may be paid prior to the issuance of the earlier of a temporary or final certificate of occupancy, if an appropriate financial security, acceptable to the city, is posted for the value of any deferred fees, to guarantee future payment on or before the issuance of a temporary or final certificate of occupancy.
3. Development Not Requiring a Building Permit. If a building permit is not required for development, any and all development impact fees due shall be paid prior to approval of a site plan authorizing said development. If a building permit is not required for the development, but wastewater connections are required, any and all development impact fees due shall be paid prior to approval of a connection to the sewer system.
4. Wastewater development impact fees shall be assessed if a development connects to the public sewer, or, as determined by the city public works director, or his or her designee, is capable of discharging sewage to a city public sewer.
5. No building permit, water or sewer connection, or certificate of occupancy shall be issued if a development impact fee is not paid as directed in the previous subsections. If a permit is issued by the city in violation of this section, the permit is voidable at the option of the city, unless the development impact fee has been paid in full prior to the city exercising its option to void the permit.
6. If the building permit is for a change in the type of building use or occupancy, an increase in square footage, a change to land use, or an addition to a residential or non-residential point of demand to the wastewater system, the development impact fee shall be assessed on the additional service units resulting from the expansion or change, and following the development impact fee schedule applicable to any new use type.
7. For issued permits that expire or are voided, development impact 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 impact fees paid for such development have not been refunded, then the permittee shall pay the difference between any development impact fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed, along with an administrative fee for processing the renewal as set forth in the City Consolidated Fee Schedule.
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 impact 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, in writing, to the new permit applicant, the new permit applicant shall pay development impact fees as if it were the original permittee, along with an administrative fee for processing the renewal as set forth in the City Consolidated Fee Schedule.
B. Exceptions. Development impact fees shall not be owed under either of the following conditions:
1. Development impact fees have been previously paid for the development and the permit(s) that triggered the collection of the development impact fees have not expired or been voided.
2. The approval(s) that trigger the collection of development impact fees involve modifications to existing residential or non-residential development that do not:
a. Add new SMUs;
b. Increase the impact of existing SMUs on existing or future capital facilities; or
c. Change the land-use type of the existing development to a different category of development for which a higher development impact fee would have been due. To the extent that any modification does not meet the requirements of this subsection, the development impact fee due shall be the difference between the development impact fee that was or would have been due on the existing development, and the development impact fee that is due on the development as modified.
C. Temporary Exemptions from Development Impact Fee Schedules. New developments in the city shall be temporarily exempt from subsequent increases in development impact fees that result from the adoption of new or modified development impact fee schedules as follows:
1. Residential Uses. On or after the day that the first building permit is issued for a platted single-family residential development, the city shall, at the permittee's request, provide the permittee with an applicable development impact fee schedule that shall be in force for a period of twenty-four months, beginning on the day that the first building permit is issued, and expiring at the end of the first business day of the twenty-fifth month thereafter. During the effective period of the applicable development impact fee schedule, any building permit issued for the samesingle-family residential development shall not be subject to any new or modified development impact fee schedule that increases the total fee due for that building permit.
2. Commercial, Industrial and Multi-family Uses. 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, industrial or multifamily development, the city shall provide an applicable development impact fee schedule that shall be in force for a period of twenty-four months, beginning on the day that final development approval of a site plan or final subdivision plat is given, and expiring at the end of the first business day of the twenty-fifth month thereafter. During the effective period of the applicable development impact fee schedule, any building permit issued for the same development shall not be subject to any new or modified development impact fee schedule that increases the total fee due for that building permit.
3. Other Development. Any category of development not covered under Subsections C.1 and C.2 of this section shall pay development impact fees according to the fee schedule that is current at the time of collection, as specified in subsection A of this section.
4. Changes to Site Plans and Subdivision Plats. Notwithstanding the other requirements of Subsection C, 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 grandfathered development impact fee schedule, the city may assess any new or modified development impact fees against the additional service units. If the city reduces the amount of an applicable development impact fee during the period that a grandfathered development impact fee schedule is in force, the city shall assess the lower development impact fee.
D. Option to Pursue Special Fee Determination. Where a development is of a type that does not closely fit within a particular category of development appearing on an adopted development impact fee schedule, or where a development has unique characteristics such that the actual burdens and costs associated with providing necessary public services to that development will differ substantially from those associated with other developments in a specified category of development, the city may require the applicant to provide the city planning and development director, or authorized designee, with an alternative development impact fee analysis. Based on a projection of the actual burdens and costs that will be associated with the development, the alternative development impact fee analysis may propose a unique fee for the development, based on the application of an appropriate service unit factor to be applied to applicable schedule, or may propose that the development be covered under the development impact fee schedule governing a different and more analogous category of development. The city planning and development director, or authorized designee, shall review the alternative impact fee analysis and shall make a determination as to the development impact fee to be charged. Such decision shall be appealable pursuant to Section 4.01.140 of this chapter. The city planning and development director, or authorized designee, may require the applicant to pay an administrative fee, as set forth in the City Consolidated Fee Schedule, to cover the actual costs of reviewing the special fee determination application. (Ord. 1397.04.35 § 1, 2015; Ord. 1397.04.34 § 3 (part), 2013)