A. The County may assess and collect a development impact fee for costs associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property, engineering and architectural services, financing and professional services required for the preparation or revision of a development fee pursuant to this chapter, including the relevant portion of the Infrastructure Improvements Plan (IIP). Development impact fees shall be subject to the following requirements:
1. The County shall develop and adopt a fee report that evaluates and defines the development impact fees to be charged in each service area based on the IIP and the plan-based cost per EDU calculated pursuant to Section 19.02.020.
2. Development impact fees shall be assessed for all new residential or non-residential development including but not limited to retail, office, industrial, and school developments. The County may assess different fees for 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 EDU for any category of development.
3. No development impact fees shall be charged, or credits issued, for any facility that does not fall within one of the categories of necessary public services for which development impact fees may be assessed as identified in Section 19.02.020.
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 current safety, efficiency, environmental, or other regulatory standards to the extent that these are applied to existing facilities that are serving existing development.
5. Development impact fees may not be used to pay the County's administrative, maintenance, or other operating costs. A separate fee per Section 19.01.060(E) will be charged for these purposes.
6. Projected interest charges and other finance costs may be included in determining the amount of the development fees only if the monies are used for the payment of principal and interest on the portion of the bonds, notes, or other obligations issued to finance construction of necessary public services or facility expansions identified in the IIP.
7. Except for any fees included on interim fee schedules, all development impact fees charged by the County must be included in a fee schedule prepared pursuant to this chapter and included in the fee study.
8. All development impact fees shall meet the requirements of A.R.S. § 11-1102.
B. The fee study shall summarize the costs of facilities necessary to serve new development on a per EDU basis as defined and calculated in the IIP, including all required offsets, and shall recommend a development impact fee structure for adoption by the County. The actual impact fees to be assessed shall be disclosed and adopted in the form of impact fee schedules. (Ord. 2020-27 § 1 (part), 2020)