(A) Adopting or amending the infrastructure improvements plan. The infrastructure improvements plan shall be adopted or amended subject to the following procedures:
(1) Major amendments to the infrastructure improvements plan. Except as provided in division (2) of this section, the adoption or amendment of an infrastructure improvements plan shall occur at one or more public hearings according to the following schedule, and may occur concurrently with the adoption of an update of the town's land use assumptions as provided in § 151.45:
(a) Sixty days before the first public hearing regarding a new or updated infrastructure improvements plan, the town shall provide public notice of the hearing and post the infrastructure improvements plan and the underlying land use assumptions on its website; the town shall additionally make available to the public the documents used to prepare the infrastructure improvements plan and underlying land use assumptions and any proposed changes to capital facilities.
(b) The town shall conduct a public hearing on the infrastructure improvements plan and underlying land use assumptions at least 30 days, but no more than 60 days, before approving or disapproving the infrastructure improvements plan.
(2) Minor amendments to the infrastructure improvements plan. Notwithstanding the other requirements of this section, the town may update the infrastructure improvements plan and/or its underlying land use assumptions without a public hearing if all of the following apply:
(a) The changes in the infrastructure improvements plan and/or the underlying land use assumptions will not add any new category of necessary public services to any service area.
(b) The changes in the infrastructure improvements plan and/or the underlying land use assumptions will not increase the level of service to be provided in any service area.
(c) Based on an analysis of the fee report and the town's adopted development impact fee schedules, the changes in the infrastructure improvements plan and/or the underlying land use assumptions would not, individually or cumulatively with other amendments undertaken pursuant to this division, have caused a development impact fee in any service area to have been increased by more than 5% above the development impact fee that is provided in the current development impact fee schedule.
(d) At least 30 days prior to the date that any amendment pursuant to this section is adopted, the town shall post the proposed amendments on the town website.
(B) Amendments to the fee report. Any adoption or amendment of a fee report and fee schedule shall occur at one or more public hearings according to the following schedule:
(1) The first public hearing on the fee report must be held at least 30 days after the adoption or approval of an infrastructure improvements plan as provided in division (A) of this section. The town must give at least 30 days’ notice prior to the hearing, provided that this notice may be given on the same day as the approval or disapproval of the infrastructure improvements plan.
(2) The town shall make the infrastructure improvements plan and underlying land use assumptions available to the public on the town's website 30 days prior to the public hearing described in division (B)(1).
(3) The fee report may be adopted by the town no sooner than 30 days, and no later than 60 days, after the hearing described in division (B)(1).
(4) The development impact fee schedules in the fee report adopted pursuant to this section shall become effective after adoption of the fee report by the town, at the time set forth in A.R.S. § 9-463.05.
(Res. R2019-07, passed 5-6-19; Am. Ord. O2019-03, passed 5-20-19)