(A) This chapter and the procedures established shall remain in effect unless and until repealed, amended or modified by council in accordance with applicable state law and the town code, ordinances and resolutions.
(B) This chapter shall not apply to:
(1) Previously issued building permits.
(2) Previous payment of development fees.
(3) No net increase in dwelling units-No development fee shall be imposed on any new residential development which does not add a new dwelling unit.
(4) No increase in public facilities-No development fee shall be imposed on a use, development, project, structure, building, fence, sign, or other activity, whether or not a building permit is required, which does not result in an increase in the demand for public facilities.
(5) Development projects which are the subject of a development agreement containing provisions that are in conflict with this ordinance, but only to the extent of the conflict or inconsistency.
(6) Development by other governmental entities, school districts or charter schools. At the option of the Council, the town may enter into intergovernmental agreements with governmental agencies to waive town development fees and building permit fees. Governmental agencies include, without limitation, federal and state agencies, towns, cities, colleges, universities and emergency response entities. Pursuant to A.R.S. § 9-500.18, no development fee shall be imposed on school districts or charter schools except for those fees assessed for streets, water and sewer utility functions.
(2001 Code, Art. 16-3) (Am. Ord. 04-588, passed 12-9-2004)