For purposes of this chapter 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.
APPROPRIATION or TO APPROPRIATE. An action by the city to identify specific public facilities for which development fee funds may be utilized. APPROPRIATION shall include, but shall not necessarily be limited to: inclusion of a public facility in the adopted city budget or capital
improvements program; execution of a contract or other legal encumbrance for construction of a public facility using development fee funds in whole or in part; and/or actual expenditure of development fee funds through payments made from a development fee account.
DEVELOPMENT FEE. A fee adopted pursuant to A.R.S. § 9-463.05 which is imposed on new development on a pro rata basis in connection with and as a condition of the issuance of a building permit and which is calculated to defray all or a portion of the costs of the public facilities required to accommodate new development at city-designated level of service (LOS) standards and which reasonably benefits the new development.
DWELLING 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) 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.
(2) 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.
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 or 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.
LEVEL OF SERVICE. A quantitative and/or qualitative measure of a Necessary Public Service that is to be provided by the City of Sierra Vista 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.
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.
METHODOLOGY REPORT. A report and all subsequent amendments to said report, which sets forth the methodology, level of service, and rational basis for the determination of the impact of new development on public facilities; the proper and proportionate amount of the development fee to be assessed against new development; and the mechanisms for ensuring that a reasonable relationship exists between the fee amount and the impact of new development on public facilities and the beneficial use of public facilities that accrue to new development paying the development fee.
MULTIPLE USES. A new development consisting of both residential and nonresidential uses, or one or more different types of non-residential use, on the same site or part of the same new development.
NECESSARY PUBLIC SERVICES. "Necessary Public Services" shall have the meaning prescribed in A.R.S. 9-463.05.
NEW DEVELOPMENT. Subject to the exceptions set forth in § 154.04(C)(1), any new construction, reconstruction, redevelopment, rehabilitation, structural alteration, structural enlargement, structural extension, or new use which requires a building permit, or any change in use of an existing non-residential building, structure or lot requiring any form of city building permit or approval.
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 of Sierra Vista.
PARKS AND RECREATION 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.
POLICE FACILITIES. A Category of Necessary Public Services, including Vehicles and Equipment, that are 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. POLICE FACILITIES do not include Vehicles and Equipment used to provide administrative services, or helicopters or airplanes. POLICE FACILITIES do not include any facility that is used for training officers from more than one station or substation.
PUBLIC FACILITY or SERVICE. Public improvements, facilities or services necessitated by new development, including, but not limited to, transportation infrastructure, police facilities, fire/EMS facilities, community facilities, municipal facilities, recreational facilities, open space, and parks.
PUBLIC FACILITY EXPENDITURES. An appropriation or expenditure of public funds incurred in connection with the provision of a public facility or service, including but not limited to:
(1) Amounts appropriated in connection with the planning, design, engineering and construction, furnishing and equipping of public facilities, which expenditures include, but are not limited to:
(2) Planning, legal, appraisal, financing, development, and other costs related to the acquisition of, or use rights on, land;
(3) The costs of compliance with bidding procedures and applicable administrative and legal requirements; and
(4) All other costs incidental to provision of the public facility.
TRANSPORTATION DEVELOPMENT FEE. A fee imposed on all new residential and
nonresidential development to fund the proportionate share of the costs of transportation improvements and new roads designed to circulation issues that are anticipated from increased traffic demands resulting from new development, and including improvements to all arterial roads needed for access and traffic mobility, but excluding project-specific traffic and transportation improvements such as turn lanes, and individual traffic signals for the benefit of a specific development project only.
(Ord. 2006-006, passed 3-9-06; Am. Ord. 2009-012, passed 10-22-09; Am. Ord. 2012- 003, passed 5-10-12)