§ 154.05  AUTHORITY FOR DEVELOPMENT IMPACT FEES.
   (A)   Impact fee analysis and implementation. The town may assess and collect a development impact fee for costs of necessary public services, including all professional services required for the preparation or revision of an Infrastructure Improvements Plan, impact fee analysis, development impact fee, and required reports or audits conducted pursuant to this chapter. Development impact fees shall be subject to the following requirements:
      (1)   The town shall develop and adopt an impact fee analysis that analyzes and defines the development impact fees to be charged in each service area for each capital facility category, based on the Infrastructure Improvements Plan and the plan-based cost per ERU calculated pursuant to § 154.08(A)(12).
      (2)   Development impact fees shall be assessed against all new commercial, residential, and industrial developments, provided that the town may assess different amounts of development impact fees against specific categories of development based on the actual burdens and costs that are associated with providing necessary public services to that category of development. No development impact fee shall exceed the plan-based cost per ERU for any category of development.
      (3)   No development impact fees shall be charged, or credits issued, for any capital facility that does not fall within 1 of the categories of necessary public services for which development impact fees may be assessed as identified in § 154.08(A)(1).
      (4)   Costs for necessary public services made necessary by new development shall be based on the same level of service provided to existing development in the same service area. Development impact fees may not be used to provide a higher level of service to existing development or to meet stricter safety, efficiency, environmental, or other regulatory standards to the extent that these are applied to existing capital facilities that are serving existing development.
      (5)   Development impact fees may not be used to pay the town's administrative, maintenance, or other operating costs.
      (6)   Projected interest charges and financing costs can only be included in development impact fees to the extent they represent principal and/or interest on the portion of any financing or debt used to finance the construction or expansion of a capital facility identified in the Infrastructure Improvements Plan.
      (7)   Except for any fees included on interim fee schedules, all development impact fees charged by the town must be included in a "fee schedule" prepared pursuant to this chapter and included in the impact fee analysis; example versions of all fee schedules are provided in Appendix A. All development impact fees shall meet the requirements of A.R.S. § 9-463.05.
   (B)   Costs per ERU. The impact fee analysis shall summarize the costs of capital facilities necessary to serve new development on a per ERU basis as defined and calculated in the Infrastructure Improvements Plan, including all required offsets, and shall recommend a development impact fee structure for adoption by the town. The actual impact fees to be assessed shall be disclosed and adopted in the form of impact fee schedules described in Appendix A to this chapter.
(Ord. 2015-01, passed 2-18-2015)