For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person who files an application with the City for a building permit.
APPURTENANCE. Any fixed machinery or equipment, structure, or other fixture, including integrated hardware, software, or other components associated with a capital facility that are necessary or convenient to the operation, use, or maintenance of a capital facility, but excluding replacement of the same after initial installation.
CAPITAL FACILITY. An asset having a useful life of three or more years that is a component of one or more categories of necessary public service provided by the City. A CAPITAL FACILITY may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated financing and professional services. Whenever used herein, INFRASTRUCTURE shall have the same meaning as CAPITAL FACILITIES.
CATEGORY OF DEVELOPMENT. A specific category of residential, commercial, or industrial development against which a development impact fee is calculated and assessed.
CATEGORY OF NECESSARY PUBLIC SERVICE. A category of necessary public service for which the City is authorized to assess development impact fees pursuant to A.R.S. § 9-463.05, as further defined in § 150.086(A)(1).
CONNECTION. The physical tie-in of an applicant’s sewer service to the City’s sewer main.
CREDIT. A reduction in an assessed development impact fee resulting from developer contributions to, payments for, construction of, or dedications for capital facilities included in an infrastructure improvements plan as permitted by § 150.090.
CREDIT AGREEMENT. A written agreement between the City and the developer(s) of subject development that allocates credits to the subject development pursuant to this subchapter. A CREDIT AGREEMENT may be included as part of a development agreement pursuant to § 150.091.
CREDIT ALLOCATION. A term used to describe when credits are distributed to a particular development or parcel of land after execution of a credit agreement, but are not yet issued.
CREDIT ISSUANCE. A term used to describe when the amount of an assessed development impact fee attributable to a particular development or parcel of land is reduced by applying a credit allocation.
DEVELOPER. An individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency, or other person or entity undertaking land development activity, and their respective successors and assigns.
DEVELOPMENT AGREEMENT. An agreement prepared in accordance with the requirements of § 150.091, A.R.S. § 9-500.05, and any applicable requirements of the City code.
DIRECT BENEFIT. A benefit to an EDU resulting from a capital facility that: addresses the need for a necessary public service created in whole or in part by the EDU; and that meets either of the following criteria:
(1) The capital facility is located in the immediate area of the EDU and is needed in the immediate area of the EDU to maintain the level of service; or
(2) The capital facility substitutes for, or eliminates the need for a capital facility that would have otherwise have been needed in the immediate area of the EDU to maintain the City’s level of service.
DWELLING UNIT or HOUSING UNIT. A room or group of rooms within a building containing cooking accommodations and designed to be used for living purposes. Each apartment unit, mobile home or mobile home space, travel trailer, or travel trailer space shall be considered a DWELLING UNIT. DWELLING UNIT shall not include those units designed primarily for transient occupant purposes, nor shall they include rooms in hospitals or nursing homes.
(1) SINGLE-FAMILY DETACHED DWELLING UNIT. A dwelling unit designed and used only by one family and which unit is physically separated from any other dwelling unit.
(2) ALL OTHER DWELLING UNITS. A dwelling unit typically designed and used only for a single family, but which is either attached to another dwelling unit, such as an apartment, duplex, townhouse, or single-family attached dwelling unit, or which is a mobile home, mobile home space, travel trailer, or travel trailer spaces.
EQUIPMENT. Machinery, tools, materials, and other supplies, not including vehicles, that are needed by a capital facility to provide the level of service specified by the infrastructure improvement plan, but excluding replacement of the same after initial development of the capital facility.
EQUIVALENT DEMAND UNIT (EDU). A unit of development within a category of development, defined in terms of a standardized measure of the demand that a unit of development in that category of development generates for necessary public services in relation to the demand generated by a detached single-family dwelling unit. For all categories of necessary public services, the EDU factor for a detached single-family dwelling unit is one, while the EDU factor for a unit of development within another category of development is represented as a ration of the demand for each category of necessary public services typically generated by that unit as compared to the demand for such services typically generated by a detached single-family dwelling unit. An EDU shall be a “service unit” for purposes of A.R.S. § 9-463.05(T)(10).
EXCLUDED LIBRARY FACILITY. Library facilities for which development fees may not be charged pursuant to A.R.S. § 9-463.05, including that portion of any library facility that exceeds 10,000 square feet, and equipment, vehicles, or appurtenances associated with the library.
EXCLUDED PARK FACILITY. Park and recreational facilities for which development fees may not be charged pursuant to A.R.S. § 9-463.05, including amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than 3,000 square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, or zoo facilities.
FEE REPORT. A written report developed pursuant to A.R.S. § 9-463.05 that identifies the methodology for calculating the amount of each development impact fee, explains the relationship between the development impact fee to be assessed and the plan-based cost per service units calculated in the infrastructure improvements plan, and which meets other requirements set forth in A.R.S. § 9-463.05.
FINANCING or DEBT. Any debt, bond, note, loan, interfund loan, fund transfer, or other debt service obligation used to finance the development or expansion of a capital facility.
FIRE PROTECTION. A category of necessary public services that includes fire stations, fire equipment, fire vehicles, and all appurtenances for fire stations. FIRE PROTECTION does not include vehicles and equipment used to provide administrative services, or helicopters or airplanes. FIRE PROTECTION does not include any facility that is used for training firefighters from more than one station or substation.
GENERAL PLAN. Refers to the overall land-use plan for the City establishing areas of the City for different purposes, zones, and activities, adopted pursuant to A.R.S. Title 9, Chapter 4, Article 6, as amended, including specific plans, if any, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
GRANDFATHERED FACILITIES. Capital facilities provided through financing or debt incurred before June 1, 2011 for which a development impact fee has been pledged towards repayment as described in § 150.083(C).
GROSS IMPACT FEE. The total development impact fee to be assessed against a subject development on a per-unit basis, prior to subtraction of any credits.
INFRASTRUCTURE IMPROVEMENT PLAN. A document or series of documents that meet the requirements set forth in A.R.S. § 9-463.05, including those adopted pursuant to the City code to cover any category or combination of categories of necessary public services.
INTERIM FEE SCHEDULE. Any development impact fee schedule established prior to January 1, 2012 in accordance with then-applicable law, and which shall expire not later than August 1, 2014 pursuant to § 150.089.
LAND USE ASSUMPTIONS. Projections of changes in land uses, densities, intensities, and population for a service area over a period of at least ten years as specified in § 150.085.
LEVEL OF SERVICE. A quantitative and/or qualitative measure of a necessary public service that is to be provided by the City to development in a particular service area, defined in terms of the relationship between service capacity and service demand, accessibility, response times, comfort or convenience of use, or other similar measures or combinations of measures. LEVEL OF SERVICE may be measured differently for different categories of necessary public services, as identified in the applicable infrastructure improvement plan.
LIBRARY FACILITIES. A category of necessary public services in which literary, musical, artistic, or reference materials are kept (materials may be kept in any form of media such as electronic, magnetic, or paper) for non-commercial use by the public in a facility providing a direct benefit to development. LIBRARIES do not include excluded library facilities, although a library may contain, provide access to, or otherwise support an excluded library facility.
NECESSARY PUBLIC SERVICES. Those services prescribed in A.R.S. § 9-463.05(T)(7).
OFFSET. An amount which is subtracted from the overall costs of providing necessary public services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for development impact fees), and other revenue sources, as determined by the City pursuant to § 150.086.
PARKS AND RECREATIONAL FACILITIES. A category of necessary public services, including, but not limited to, parks, swimming pools, and related facilities and equipment located on real property not larger than 30 acres in area, as well as park facilities larger than 30 acres where such facilities provide a direct benefit. PARKS AND RECREATIONAL FACILITIES do not include excluded park facilities, although parks and recreational facilities may contain, provide access to, or otherwise support an excluded park facility.
PLAN-BASED COST PER SERVICE UNITS. The total future capital costs listed in the infrastructure improvements plan for a category of necessary public services divided by the total new equivalent demand units projected in the City for that category of necessary public services over the same time period.
PLEDGED. A development impact fee shall be considered PLEDGED where it was identified by the City as a source of payment or repayment for financing or debt that was identified as the source of financing for a necessary public service for which a development impact fee was assessed pursuant to the then-applicable provisions of A.R.S. § 9-463.05.
POLICE FACILITIES. A category of necessary public services, including vehicles and equipment used by law enforcement agencies to preserve the public peace, prevent crime, detect and arrest criminal offenders, protect the rights of persons and property, regulate and control motorized and pedestrian traffic, train sworn personnel, and/or provide and maintain police records, vehicles, equipment, and communications systems. Such costs do not include vehicles and equipment used to provide administrative services, helicopters or airplanes, or any facility that is used for training officers from more than one station or substation.
QUALIFIED PROFESSIONAL. Any one of the following:
(1) A professional engineer, surveyor, financial analyst or planner, or other licensed professional providing services within the scope of that person’s education or experience related to City planning, zoning, or impact development fees and holding a license issued by an agency or political subdivision of the State of Arizona;
(2) A financial analyst, planner, or other non-licensed professional that is providing services within the scope of the person’s education or experience related to City planning, zoning, or impact development fees; or
(3) Any other person operating under the supervision of one or more of the above.
SERVICE AREA. Any specified area within the boundaries of the City within which: the City will provide a category of necessary public services to development at a planned level of service and within which a substantial nexus exists between the capital facilities to be provided and the development to be served, or in the case of library facilities or a park facility larger than 30 acres, a direct benefit exists between the library facilities or park facilities and the development to be served, each as prescribed in the infrastructure improvement plan. Some or all of the capital facilities providing service to a SERVICE AREA may be physically located outside of that service area provided that the required substantial nexus or direct benefit is demonstrated to exist.
SERVICE UNIT. A unit of development within a particular category of development, defined in terms of a standardized measure of the demand that a unit of development in that category of development generates for necessary public services in relation to the demand generated by a detached single-family dwelling unit. For all categories of necessary public services, the SERVICE UNIT factor for a detached single-family dwelling unit is one, while the SERVICE UNITS factor for a unit of development within another category of development is represented as a ratio of the demand for each category of necessary public services typically generated by that unit as compared to the demand for such services typically generated by a detached single-family dwelling unit.
STREET FACILITIES. A category of necessary public services, including arterial or collector streets or roads that have been designated on an officially adopted plan of the municipality, traffic signals, and rights-of-way and improvements thereon.
SUBJECT DEVELOPMENT. Any land area linked by a unified plan of development, which must be contiguous unless the land area is part of a development agreement executed in accordance with § 150.091.
SUBSTANTIAL NEXUS. Exists where the demand for necessary public services that will be generated by an EDU can be reasonably quantified in terms of the burden it will impose on the available capacity of existing capital facilities, the need it will create for new or expanded capital facilities, and/or the benefit to the development from those capital facilities.
USEFUL LIFE. The period of time in which an asset can reasonably be expected to be used under normal conditions, whether or not the asset will continue to be owned and operated by the City over the entirety of such period.
VEHICLE. Any device, structure, or conveyance utilized for transportation in the course of providing a particular category of necessary public services at a specified level of service, excluding helicopters and other aircraft.
WASTEWATER FACILITIES. A category of necessary public services, including, but not limited to, sewers, lift stations, reclamation plants, wastewater treatment plants, and all other facilities for the collection, interception, transportation, treatment, and disposal of wastewater, and any appurtenances for those facilities.
(Prior Code, § 8-11-1) (Ord. 14-06, passed 7-7-2014)