(A) Term. This chapter and the procedures established herein will remain in effect unless and until repealed, amended or modified by the Mayor and Council in accordance with applicable state law and the town code, ordinances and resolutions.
(B) Affected area.
(1) Service area. Capacity charges will be imposed on new development in the areas the town provides water and/or wastewater services, that for purposes hereof, may be divided into service areas by the town.
(2) Municipal planning areas. Capacity charges imposed by the town may, if necessary and appropriate, be collected by other state and local governments on new development within the municipal planning areas and/or service areas, and are outside of the Cave Creek town limits, pursuant to an intergovernmental agreement that provides that the capacity charges collected be transferred to the town.
(3) Identification. The affected areas are the areas that the town does and is legally and physically able to provide water and/or wastewater services to.
(4) Change in service areas. By resolution, the town may change the boundaries of the service areas that capacity charges are charged within at times when deemed necessary to carry out the purposes and intent of this chapter and applicable legal requirements for use of capacity charges.
(C) Type of development affected. This chapter applies to all new development as herein defined in the capacity fee ordinances.
(D) Type of development not affected. This chapter will not apply to:
(1) Previously-issued building permits within the town limits. No capacity charges will be assessed on a previously issued building permit which has paid a prior assessed water/wastewater development fee or capacity fee. Previously issued building permits which have not paid a water/ wastewater and/or development fee(s) will be required to pay water and/or wastewater capacity fee(s).
(2) Previous payment of capacity fees to the town. No capacity charges will be due at a later stage of the development permit or approval process if capacity charges have been paid for the fully assessed development for water and/or wastewater facilities at an earlier stage in the development permit or approval process to the town.
(3) No net increase in non-residential square footage. No capacity charges will be imposed on any new non-residential development that does not add square footage, unless the new non-residential development increases the demand for water and/or wastewater facilities.
(4) Development of other governmental entities. Capacity charges will be imposed on new development by the State of Arizona, school districts organized pursuant to Arizona state laws, or the federal government, or agencies thereof, and (if mutually agreed by the parties) pursuant to payment terms established in an intergovernmental agreement with the town.
(E) Effect of payment of capacity charges on other applicable town land use, zoning, platting, subdivision or development regulations.
(1) The payment of capacity charges will not entitle the applicant to a building permit unless all other applicable land use, zoning, planning, platting, subdivision or other related requirements, standards and conditions have been met. Such other requirements, standards and conditions are independent of the requirement for payment of a capacity charge.
(2) This chapter will not affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards or other applicable standards or requirements of the town land development regulations, that will be operative and remain in full force and effect without limitation.
(F) Amendments. This chapter may be amended from time to time by the Mayor and Council.
(G) Effect of imposition of capacity charges in a special district. In calculating and imposing capacity charges applicable to land in any type of special district established under state statutes, the town will take into consideration any water and/or wastewater facilities provided by the special district and capital costs paid by the special district for necessary water and/or wastewater facilities and will not assess a portion of the capacity charges otherwise calculated to be due that would duplicate the infrastructure provided by the district or the costs imposed by the district on new development.
(Ord. O2017-05, passed 5-1-17)