When used in this chapter, the terms listed below shall have the following meanings unless the context requires otherwise. Singular terms shall include their plural.
1. Age restricted multi-family residential land use subcategory: Development where more than a single residential unit occurs on a single lot in a community that restricts residents to 55-years or older with no one in the household under age 18. See ITE land use category 252.
2. Age restricted single family residential land use subcategory: Detached and attached residential structures characteristic of a primary residence, even if the residence is subsequently rented, in a community that restricts residents to 55-years or older with no one in the household under age 18. See ITE land use category 251.
3. Applicant: A person who applies to the town for a building permit.
4. 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.
5. Aquatic center: A facility primarily designed to host non-recreational competitive functions generally occurring within water, including, but not limited to, water polo games, swimming meets, and diving events. The facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities, including but not limited to, locker rooms, offices, snack bars, bleacher seating, and shade structures.
6. Building permit: Any permit issued by the town that authorizes vertical construction, increases square footage, authorizes changes to land use, or provides for the addition of a residential or non-residential point of demand to a water or wastewater system.
7. 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 town. 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. “Infrastructure” shall have the same meaning as “capital facilities.”
8. Category of necessary public service: A category of necessary public services for which the town is authorized to assess development impact fees, as further defined in subsection 17-17-8A.1 below.
9. Category of development: A specific land use category against which a development impact fee is calculated and assessed. The town assesses development impact fees against residential, retail, high traffic retail, industrial, general office, medical facilities, institutional, and recreational land use categories, each of which is defined in this list of definitions.
10. Congregate care land use subcategory: Group housing with a central eating facility, smaller rooms, and care for its tenants. This includes nursing homes, group homes, prisons, and similar uses as determined by the town engineer. See ITE land use categories 253, 254, 255, 571, and 620.
11. 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 pursuant to section 17-17-12 below (or as otherwise permitted by this chapter).
13. 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.
14. 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.
15. 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.
16. Development agreement: An agreement prepared in accordance with the requirements of section 17-17-13 below, A.R.S. § 9-500.05, and any applicable requirements of the town code.
17. Direct benefit: A benefit to an EDU resulting from a capital facility that: (a) addresses the need for a necessary public service created in whole or in part by the EDU; and that (b) meets either of the following criteria: (i) 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 (ii) 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 town’s level of service.
18. Dwelling unit: A house, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters.
19. Equipment: Machinery, tools, materials, and other supplies, not including vehicles, that a capital facility needs 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.
20. Equivalent demand unit (EDU): 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 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 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. An EDU shall be a “service unit” for purposes of A.R.S. § 9-463.05 (T) (10).
21. Excluded library facility: Library facilities for which development impact 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 library operations.
22. Excluded park facility: Park and recreational facilities for which development impact 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 three thousand 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.
23. Fee report: A written report developed pursuant to section 17-17-12 below 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 EDU calculated in the infrastructure improvements plan, and which meets other requirements set forth in A.R.S. § 9-463.05.
24. 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.
25. General office land use category: Office uses, office parks, corporate headquarters, governmental offices, business parks, research and development parks, and similar uses as determined by the town engineer. Doctor, dentist, veterinary offices, clinics, and urgent care facilities fall under this category instead of medical facilities. See ITE land use categories 700-799.
26. General plan: The most recently adopted Marana general plan.
27. 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.
28. High traffic retail land use category: Fast food restaurants, service stations, convenience stores, high-turnover restaurants, and similar uses as determined by the town engineer. See ITE land use categories 900-999.
29. Hotel/motel land use subcategory: Temporary lodging facilities such as hotels, motels, time shares/fractional shares, recreational vehicle parks, and similar uses as determined by the town engineer. See ITE land use categories 310 and 320.
30. Industrial land use category: Light and heavy industry, industrial parks, manufacturing, warehousing, mini-storage, utilities, and similar uses as determined by the town engineer. See ITE land use categories 100-199.
31. Infrastructure improvements 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 section 17-17-9 below to cover any category or combination of categories of necessary public services.
32. Institutional land use category: Churches, schools, colleges, universities, cemeteries, libraries, fraternal lodges, day care centers, and similar uses as determined by the town engineer. See ITE Land Use Categories 500-599.
33. Interim fee schedule: The Marana development impact fee schedule as established prior to January 1, 2012 in accordance with then-applicable law, and which shall expire not later than August 1, 2014.
34. ITE land use categories: Land use categories found in the Institute of Transportation Engineers’ Trip Generation Manual (9th Edition, 2012).
35. 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 section 17-17-7 below.
36. Level of service: A quantitative and/or qualitative measure of a necessary public service that is to be provided by the town 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 improvements plan.
37. Medical facilities land use category: Hospitals, micro-hospitals, standalone emergency rooms, and similar uses as determined by the town engineer. See ITE land use categories 600-699.
38. Multifamily residential land use subcategory: Predominantly rental multi-unit development such as apartments, student housing, mobile home parks, and similar uses as determined by the town engineer. See also ITE land use category 220.
39. Necessary public services: Has the meaning prescribed in A.R.S. § 9-463.05 (T) (5).
40. 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 town pursuant to section 17-17-8 below.
41. 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.
42. Plan-based cost per EDU: 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 a particular service area for that category of necessary public services over the same time period.
43. Qualified professional: A professional engineer, surveyor, financial analyst, or planner providing services within the scope of his or her license, education or experience.
44. Recreational land use category: Parks, camp grounds, golf courses, bowling alleys, movie theaters, racetracks, skating rinks, tennis courts, health/fitness clubs, community recreational centers, and similar uses as determined by the town engineer. See ITE land use categories 400-499.
45. Residential land use category: Includes all uses in the single family residential, multifamily, hotel/motel, congregate care, age restricted single family residential, and age restricted multifamily residential land use subcategories.
46. Retail land use category: Land uses providing retail sales, discount sales, and similar uses as determined by the town engineer. See ITE land use categories 800-899.
47. Service area: Any specified area within the boundaries of the town within which: (a) the town will provide a category of necessary public services to development at a planned level of service; and (b) within which (i) a substantial nexus exists between the capital facilities to be provided and the development to be served, or (ii) in the case of a park facility larger than 30 acres, a direct benefit exists between the park facilities and the development to be served, each as prescribed in the infrastructure improvements 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.
48. Single family residential land use subcategory: Detached and attached residential structures characteristic of a primary residence, even if the residence is subsequently rented. Mobile homes and manufactured homes on individual parcels, and duplexes, triplexes, condominiums, and townhomes are assessed at the single family residential land use rate. See also ITE land use category 210.
49. 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 town, traffic signals and rights-of-way and improvements thereon.
50. Storm drainage: A category of necessary public services including but not limited to storm sewers constructed in sizes needed to provide for stormwater management for areas beyond major street projects and stormwater detention/retention basins, tanks, pump stations and channels necessary to provide for proper stormwater management, including any appurtenances for those facilities.
51. Subject development: A 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 section 17-17-13 below.
52. Substantial nexus: A 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.
53. Swimming pool: A public facility primarily designed and/or utilized for recreational non-competitive functions generally occurring within water, including, but not limited to, swimming classes, open public swimming sessions, and recreational league swimming/diving events. The facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities.
54. 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 town over the entirety of such period.
55. 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.
56. Wastewater: 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.
57. Water: A category of necessary public services including but not limited to those facilities necessary to provide for water services to development, including the acquisition, supply, transportation, treatment, purification and distribution of water, and any appurtenances to those facilities.
Paragraph 25 was amended by Ordinance 2017.029 to add clinics and urgent care facilities
Paragraph 37 was amended by Ordinance 2017.029 to add micro-hospitals and standalone emergency rooms and to delete urgent care facilities, clinics, and veterinary hospitals and clinics