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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)
The purposes and intent of the this chapter and procedures are:
(A) To implement the goals and strategies of Element 7 of the City of Sierra Vista's General Plan, VISTA 2020;
(B) To establish uniform procedures for the imposition, calculation, collection, expenditure and administration of any development fees imposed on new development;
(C) To implement the goals, objectives and policies of the City of Sierra Vista to assure that new development contributes its fair share towards the costs of providing public facilities or services reasonably necessitated by such new development;
(D) To ensure that new development obtains a reasonable benefit by the public facilities or services provided with the proceeds of development fees;
(E) To ensure that all applicable and appropriate legal standards and criteria relating to the imposition of development fees are properly incorporated into the city's code of ordinances;
(F) To ensure that all applicable procedural requirements of A.R.S. § 9-463.05, as amended from time to time, have been met.
(Ord. 2006-006, passed 3-9-06; Am. Ord. 2009-012, passed 10-22-09; Am. Ord. 2012- 003, passed 5-10-12)
(A) The City Council has reviewed and accepted, and incorporates into this chapter by reference, the land use assumption, infrastructure improvement and development fee schedule report, which establishes the need for development fees for public facilities including parks and recreation, police, fire and emergency medical services, transportation, and library facilities, and sets forth a reasonable methodology, level of service, and analysis for the determination of the development fees by public facility type. This chapter hereby incorporates fees that are 100% of the maximum supportable fees for the categories of parks and recreation, and library; and 75% of the maximum supportable fees for the categories of fire/EMS, police, and transportation (see methodology report for a listing of all fees at 100% maximum supportable).
(B) Infrastructure Improvements Plan Contents. The Infrastructure Improvements Plan shall be developed by Qualified Professionals and may be based upon or incorporated within the City's Capital Improvements Plan pursuant to A.R.S. § 9-463.05.
(C) Reviewing the Land Use Assumptions. Prior to the adoption or amendment of an Infrastructure Improvements Plan, the City shall review and evaluate the Land Use Assumptions on which the Infrastructure Improvements Plan is to be based to ensure that the Land Use Assumptions within each Service Area conform with the General Plan.
(Ord. 2006-006, passed 3-9-06; Am. Ord. 2009-012, passed 10-22-09; Am. Ord. 2012- 003, passed 5-10-12)
(A) Term. This chapter, the ordinance enacting the same, and the procedures established herein shall remain in effect unless and until repealed, amended or modified by the Mayor and Council in accordance with applicable state law, city code, or city ordinances and resolutions.
(B) Annual review and report.
(1) Within 90 days of the end of each fiscal year, the City shall file with the City Clerk an unaudited annual report accounting for the collection and use of the fees for each service area and shall post the report on its website in accordance with A.R.S. § 9-463.05, Subsections N and O, as amended.
(a) Submission of development fee annual report and Council action. The City Manager or appropriate designee shall submit the development fee annual report to the Mayor and Council, which shall receive the annual report and which may take such actions as it deems appropriate, including, but not limited to, requesting additional data or analyses and holding public workshops and/or public hearings. Copies of the annual report shall be made available to the public on request. The annual report may contain financial information that has not been audited.
(b) If the city fails to file an annual report in compliance with A.R.S. § 9-463.05(D), the city shall not collect development fees until the annual report is filed.
(C) Biennial Audit.
(1) In addition to the Annual Report described in Subsection A of this Section, the City shall provide for a biennial, certified audit of the City's Land Use Assumptions, Infrastructure Improvements Plan and development impact fees.
(a) An audit pursuant to this Subsection shall be conducted by one or more Qualified Professionals who are not employees or officials of the City and who did not prepare the Infrastructure Improvements Plan.
(b) The audit shall review the collection and expenditures of development fees for each project in the plan and provide written comments describing the amount of development impact fees assessed, collected, and spent on capital facilities.
(c) The audit shall describe the Level of Service in each Service Area, and evaluate any inequities in implementing the Infrastructure Improvements Plan or imposing the development impact fee.
(d) The City shall post the findings of the audit on the City's website and shall conduct a public hearing on the audit within 60 days of the release of the audit to the public.
(e) For purposes of this Section a CERTIFIED AUDIT shall mean any audit authenticated by one or more of the Qualified Professionals conducting the audit pursuant to paragraph (1) of this Subsection.
(D) New development affected. This chapter shall apply to all new development as herein defined and as defined in the this chapter or other city code sections for particular public facilities or services.
(1) Exceptions to the application of development fees to new development. Unless otherwise expressly noted, the fees imposed in this chapter, except for those in effect prior to the approval of this chapter, shall not apply in the following circumstances:
(a) Previously applied site plan permits and/or building permits. No development fee shall be imposed on new development for which a fully completed building permit application has been submitted prior to the effective date of this chapter. If an approved site plan is required prior to obtaining a building permit, then a fully completed site plan application must also be completed prior to the effective date of this chapter in order to receive the exemption. A fully completed site plan application is defined as a submittal that meets all requirements of § 151.18 of the city's Development Code. A FULLY COMPLETED BUILDING PERMIT APPLICATION is defined as meeting the requirements of Section 106 (Construction Documents) of the 2003 International Building Code as adopted by the City Council.
(b) Previous payment of development fees. Subject to the requirements of § 154.05(D), no development fees for a particular public facility shall be due at a later stage of the development permit or approval process if development fees have been fully paid for such category of public facilities at an earlier stage in the development permit or approval process.
(c) No net increase in dwelling units. No development fee shall be imposed on any new residential development that does not add a new dwelling unit.
(d) No net increase in non-residential square footage. No development fee shall be imposed on any new non-residential development that does not add square footage to a currently existing facility.
(e) Other uses. No development fee shall be imposed on a use, development, project, structure, building, fence, sign or other activity, whether or not a building permit is required, which does not result in an increase in the demand for public facilities.
(f) Development subject to development agreements. No development fee shall be imposed upon development projects that are the subject of a development agreement approved and executed by the city containing provisions in express conflict with this chapter, but only to the extent of the conflict or inconsistency.
(g) Other development exempted by state law. No development fee shall be imposed on new development that is exempted by Arizona state law, however, the city may seek to negotiate the construction of public facilities or the provision of services, or to negotiate the payment of Development Fees with such entities. See A.R.S. § 9-500(18).
(3) Effect of payment of development fees on other applicable city land use, zoning, platting, subdivision or development regulations.
(a) The payment of development fees shall not entitle the applicant to a building permit, which shall only be issued if all other applicable land use, zoning, planning, platting, subdivision or other related requirements, standards and conditions have been met. Such other requirements, standards and conditions are independent of the requirement for payment of a development fee.
(b) Nothing contained in this chapter shall affect, in any manner, the permissible use of property, density/intensity of development, improvement standards or other applicable standards or requirements of the city land development regulations, which shall be operative and remain in full force and effect without limitation.
(4) Amendments. This chapter may be amended from time to time by the Mayor and Council; provided, however, that no such amendment shall be adopted without a written report detailing the reasons and need for the development fee revision nor without proper notice and public hearing as set forth herein and in A.R.S. § 9-463.05(C).
(5) Effect of imposition of development fees in a community facilities district. In calculating and imposing a development fee applicable to land in a community facilities district established under Arizona Revised Statutes, Title 48, Chapter 4, Article 6, the city shall take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and facilities and shall not assess a portion of the development fee otherwise calculated to be due that would duplicate the infrastructure provided by the district or the costs imposed by the district on new development.
(6) Change in boundaries of the city. In the event of annexation of unincorporated county land by the city, new development in those areas shall be assessed the development fees in accordance with this chapter, except that the City Manager may request a review of the fees by an outside consultant, with resulting changes presented to the Mayor and City Council for their review and action.
(7) Time Limit. Development impact fees collected after July 1, 2012 shall be used within ten years of the date upon which they were collected for all Categories of Necessary Public Services except for Water and Wastewater Facilities. For Water Facilities or Wastewater Facilities collected after July 1, 2012, development impact fees must be used within 15 years of the date upon which they were collected.
(Ord. 2006-006, passed 3-9-06; Am. Ord. 2009-012, passed 10-22-09; Am. Ord. 2012- 003, passed 5-10-12)
(A) In general. The city shall calculate the development fees due and owing for any applicant at the time of the issuance of a building permit. The applicant shall pay the development fees prior to and as a condition of the issuance of a building permit. The city's actions established in this section are to be performed by the Director of the city's Community Development Department or equivalent, or his or her designee, unless specifically stated otherwise.
(B) Calculation.
(1) Upon receipt of an application for a building permit, the city shall determine:
(a) Whether the permit is for a residential or non-residential use;
(b) The specific category (type) of residential or non-residential development, if applicable;
(c) If residential, the number of new dwelling units, and;
(d) If non-residential, the number of new or additional square footage of gross floor area (rounded up to the nearest square foot) and the proposed use of the facility.
(2) Upon receipt of an application for a building permit relating to an existing facility, the city shall determine whether the permit will result in a change in use. in such cases, the development fee due shall be based only on the incremental increase in the development fee(s) for the additional public facilities needed to accommodate the change in use.
(3) After making the determinations in this paragraph, the city shall calculate the total demand for the public facility added by the new development for each public facility category for which a development fee is being imposed and calculate the applicable total development fee by multiplying the demand added by the new development by the amount of the applicable development fee per unit of development, incorporating any applicable offset if set forth in the particular development fee calculation methodology.
(4) If the type of land use proposed for new development is not expressly listed in the particular development fee schedule, the city shall, at its option and in its discretion, determine the basis used to calculate the development fee(s) by:
(a) Identifying the most similar land use type listed and calculate the development fee based on the development fee for that land use; or
(b) Identifying the broader land use category within which the specified land use would apply and calculate the development fee based on the development fee for that land use category; or
(c) Reference to an independent impact analysis for development fee calculation. If this option is chosen, the following shall apply:
1. The applicant shall be responsible, at its sole expense, for preparing the independent impact analysis, which shall be reviewed for approval by the Director of Community Development Department, the Finance Manager, the City Engineer, and the City Manager prior to the city's notification pursuant to division (B)(4)(c)3. below. The city may, at the request of the applicant, have the independent impact analysis prepared, provided that all costs for said analysis are paid in advance of completion of the study.
2. The independent impact analysis shall measure the impact that the proposed new development will have on the particular public facility at issue, and shall be based on the same methodologies used in the development fee calculation methodology report, and shall be supported by professionally acceptable data and assumptions.
3. After review of the independent impact analysis submitted by the applicant, the Director of Community Development shall accept or reject the analysis and provide written notice to the applicant of its decision within 30 days of the submission of the completed independent impact analysis. If the independent impact analysis is rejected, the written notice shall provide an explanation of the insufficiencies of the analysis.
4. The final decision of the Director of Community Development may be appealed pursuant this chapter.
(5) In the event that the Director of Community Development is required to determine the proper classification of a proposed new development pursuant to division (4)(a) or (b) above, the director's determination must be based on a generally-accepted land use classification system (e.g., the North American Industry Classification System, the Land-Based Classification Standards (APA), and/or ITE's Trip Generation Manual) and the methodology report.
(6) An applicant may request a non-binding estimate of development fees due for a particular new development at any time by filing a written request to the Director of the Community Development Department. The applicant must acknowledge that the estimate may be subject to change when a formal application for a building permit for new development is made. Such non-binding estimate is solely for the benefit and convenience of the prospective applicant and shall in no way bind the city nor preclude it from making amendments or revisions to any provisions of this chapter, the specific development fees or the development fee schedules.
(7) The calculation of development fees due from a multiple-use new development shall be based upon the aggregated demand for each public facility generated by each land use type in the new development.
(8) The calculation of development fees due from a phased new development shall be based upon the demand generated by each specific land use within the phase of development for which a separate building permit is requested.
(9) Development fees shall be calculated based on the development fee amount in effect at the time of application for a building permit.
(C) Offsets. The City Manager, or his or her designee, shall perform the actions of the city in accordance with this division unless specifically stated otherwise.
(1) Offsets against the amount of a development fee due from a new development shall be provided for, among other things, contributions made in cash, or by dedication of land (if accepted or required by the city) or by actual construction of all or part of a public facility by the affected property owner for public facilities meeting or exceeding the demand generated by the new development and the contribution is determined by the city to be a reasonable substitute for the city's cost of public facilities which are included in the particular development fee calculation methodology.
(2) The amount of the excess contribution shall be determined by the city upon its receipt of a written application requesting an offset; provided, however, that:
(a) The city will make no reimbursement for excess contributions unless and until the particular public facility fund has sufficient revenue to make the reimbursement without jeopardizing the continuity of the city's capital improvements program, and;
(b) The excess contribution may not be transferred or credited to any other type of development fees calculated to be due from that development for other type of public facilities. The determination of the eligibility for and the amount of the credit shall be made by the city. If the applicant contends that any aspect of the city's decision constitutes an abuse of discretion, the applicant shall be entitled to appeal pursuant to this chapter.
(3) No offset shall be allowed unless the city has approved the contribution or expenditure before it is or was made.
(4) Offsets for dedication of land or provision of public facilities shall be applicable only as to development fees imposed for the same types of public facilities that are proposed to be dedicated or provided. Even if the value of the dedication of land or provision of a public facility exceeds the development fee due for the type of public facility, the excess value may not be transferred to development fees calculated to be due from the applicant for other types of public facilities for which development fees may be imposed. Offsets may, however, be transferred to the same applicant or to other applicants for new development that are proposed within the final approved platted area of the same development and for the same type of public facility.
(D) Collection. The city shall collect all applicable development fees at the time of issuance of a building permit and shall issue a receipt to the applicant for such payment unless:
(1) The applicant is determined to be entitled to a full offset; or
(2) The applicant has been determined to be not subject to the payment of a development fee; or
(3) The applicant has filed an appeal protesting the imposition or calculation of the development fee and a bond or other surety in the amount of the development fee, as calculated by the city and approved by the Director of Community Development and City Attorney, has been posted with the city. The city shall collect a development fee at the time of issuance of a building permit even if development fees were paid by the applicant at an earlier time in the development permit or approval process, if the amount of the development fees have increased since such prior approval. In such case, the applicant shall only be liable for the difference between the development fees paid earlier and those in effect at the time of issuance of the subsequent building permit.
(E) Establishment of development fee accounts; appropriation of development fee funds; and refunds.
(1) Development fee accounts. A development fee account shall be established by the city for each category of public facilities for which development fees are imposed. Such account shall clearly identify the category, account, or fund for which the development fee has been imposed. All development fees collected by the city shall be deposited into the appropriate development fee account or sub-account, which shall be interest bearing. All interest earned on monies deposited to such account shall be credited to and shall be considered funds of the account. The funds of each such account shall be capable of being accounted for separately from all other city funds, over time. The city shall establish and implement necessary accounting controls to ensure that the development fee funds are properly deposited, accounted for and appropriated in accordance with this chapter, A.R.S. § 9-463.05 and any other applicable legal requirements.
(2) Appropriation of development fee funds.
(a) In general. Development fee funds may be appropriated for public facilities, for public facility expenditures as defined herein and for the payment of principal, interest and other financing costs on contracts, bonds, notes or other obligations issued by or on behalf of the city or other applicable local governmental entities to finance such public facilities and public facility expenditures. All appropriations from development fee accounts shall be detailed as required by and filed within the Finance Division.
(b) Restrictions on appropriations. Development fees shall be appropriated only for:
1. The particular public facility for which they were imposed, calculated and collected; and
2. Within ten years of the beginning of the fiscal year immediately succeeding the date of collection, unless such time period is extended as provided herein. Development fees shall not be appropriated for funding maintenance or repair of public facilities nor for operational or personnel expenses associated with the provision of the public facility. Every effort will be made to expend development fees within seven years of collection.
3. Notwithstanding the preceding division (E)(2)(b)2., development fee funds will be appropriated within ten years from the date of collection for all fees collected after July 1, 2012.
(3) Procedure for appropriation of development fee funds.
(a) The city shall each year identify public facility projects anticipated to be funded in whole or in part with development fees. The public facility recommendations shall be based upon the development fee annual review as set forth herein and such other information as may be relevant, and may be part of the city's annual budget and capital improvements programming process.
(b) The recommendations shall be consistent with the provisions of this chapter, the particular public facility development fee ordinances, A.R.S. § 9-463.05, or other applicable legal requirements and any guidelines adopted by the Mayor and Council.
(c) The Mayor and Council may include development fee-funded public facilities in the city's annual budget and capital improvements plan.
(d) The Mayor and Council may authorize development fee-funded public facilities at such other times as may be deemed necessary and appropriate by a majority vote of the Council.
(e) The Mayor and Council shall verify that adequate development fee funds are or will be available from the appropriate development fee account for the particular public facility.
(4) Refunds.
(a) Eligibility for refund.
1. Expiration or revocation of building permit. An applicant who has paid a development fee for a new development for which the necessary building permit has expired or for which the building permit has been revoked prior to construction shall be eligible to apply for a refund of development fees paid.
2. Failure of city to appropriate development fee funds within time limit. The current property owner may apply, in writing, for a refund of development fees paid by an applicant if the city has failed to appropriate the development fees collected from the applicant within the ten-year time limit or any extension thereof established above.
3. Abandonment of development after initiation of construction. An applicant who has paid a development fee for a new development for which a building permit has been issued and pursuant to which construction has been initiated, but which construction is abandoned prior to completion and issuance of a certificate of occupancy, shall be eligible for a refund if, and only if, the uncompleted building is completely demolished pursuant to a proper demolition permit.
4. Change of use within five years. An applicant may request a refund of a portion of the development fees collected at the time of building permit issuance, if the development has changed its use to one in a category in which fees are less, or the development can be documented as less intense. In such instance, the applicant must present the appropriate study documenting the change in trip reduction that corresponds to calculations used in the methodology report.
5. A 5% administrative fee, but not to exceed $200, shall be deducted from the amount of any refund granted and shall be retained by the city in the appropriate development fee account(s) to help defray the administrative expenses associated with the processing of a refund application.
6. Refunds shall be made only to the current owner of property on which the new development was proposed or occurred. If more than one owner owns property which paid the development fees the request for refunds shall contain a copy of the conveyance documents wherein the proportionate ownership shares are set forth and the refunds shall be issues in accordance with the ownership shares of the conveyance documents. Any party obtaining a refund from the city shall confirm current ownership and entitlement to this refund under oath and shall defend and indemnify the city from any claims by any other party claiming a right to the refund for the same new development.
(b) Processing of applications for a refund. Upon receipt of a complete application for a refund, the city shall review the application and documentary evidence submitted by the applicant as well as such other information and evidence as may be deemed relevant, and make a determination as to whether a refund is due. Refunds by direct payment shall be made following an affirmative determination by the city.
(c) Applications for refunds due to abandonment of a new development prior to completion shall be made in or on forms provided by the city and shall be made no later than 60 days following expiration or revocation of the building permit. The applicant shall submit:
1. Evidence that the applicant is the property owner or the duly designated agent of the property owner;
2. The amount of the development fees paid by public facilities category and receipts evidencing such payments, and;
3. Documentation evidencing the expiration or revocation of the building permit or approval of demolition of the structure pursuant to a valid city-issued demolition permit. Failure to apply for a refund within 60 days following expiration or revocation of the building permit or demolition of the structure shall constitute a waiver of entitlement to a refund. No interest shall be paid by the city in calculating the amount of any refunds.
(d) Applications for refunds due to the failure of the city to appropriate development fees collected from the applicant within the time limits established herein shall be made in or on forms provided by the city and shall be made no later than one year following the expiration of such time limit. The applicant shall submit:
1. Evidence that the applicant is the property owner or the duly designated agent of the property owner;
2. The amount of the development fees paid by public facility category and receipts evidencing such payments, and;
3. A description and documentation of the city's failure to appropriate development fee funds for relevant public facilities.
(e) The city may, at its option, make refunds of development fees by direct payment, by offsetting such refunds against other development fees due for the same category of public facilities for new development on the same property, or by other means subject to agreement with the property owner.
(F) Appeals.
(1) An appeal from any decision of the Director of Community Development pursuant to this chapter shall be made to the City Manager by filing a written appeal pursuant to the appropriate city form, if any, with the City Clerk within 30 days following the decision which is being appealed; provided, however, that the notice of appeal is accompanied by a cash bond or letter of credit in a form satisfactory to the Finance Manager and the City Attorney in an amount equal to the development fee calculated to be due, a building permit may be issued to the new development. The filing of an appeal shall not stay the imposition or the collection of the development fee as calculated by the city unless a cash bond or other sufficient surety has been provided.
(2) The burden of proof shall be on the appellant to demonstrate that the decision of the city is erroneous pursuant to the applicable legal standard.
(3) All appeals shall detail the specific grounds therefore and all other relevant information and shall be filed in such form as requested by the city for such purposes.
(G) Appeal decision.
(1) The City Manager must:
(a) Determine whether there is an error in an order, chapter requirement, or decision made by the Director of Community Development in the enforcement of this chapter, and/or
(b) Determine whether a provision of this chapter or a decision by the Director of Community Development made pursuant to this chapter results in a taking of private property or otherwise violates the constitutional or statutory rights of the applicant pursuant to Arizona or federal law.
(c) Based on the information provided, reverse or affirm, wholly or partly, or modify the order, requirement, or decision of the Director of Community Development appealed, and make such order, requirement, decision, or determination as necessary, including amendments to the provisions of this chapter.
(2) The City Manager must render a decision on the appeal within 90 days after the filing of the appeal.
(H) Exemptions.
(1) Generally. An applicant proposing a development for which development fees are due may be eligible for a partial or full exemption from the requirements of this chapter, only as specifically provided for in this section. In no case shall sewer development fees (sewer connect fees) as approved by separate Council action, be waived, either in whole or in part.
(2) Application for exemption. Applications for exemptions shall be filed with the Director of Community Development on forms provided by or in a format specified by the city for such purpose.
(3) Eligibility for exemption. Partial or full exemptions from the payment of development fees as required by this chapter may be made only for the follow types of uses:
(a) Affordable housing.
1. No development fees shall be assessed against projects that meet United States Department of Housing and Urban Development housing affordability guidelines for low and moderate income households. If only a portion of units meet the guidelines, the exemption shall only be granted proportionately, provided that affordability restrictions are in place for a minimum of ten years. The city shall record, in a format to be determined by the City Attorney, the requirements for exemptions granted under this section with the Cochise County Recorder.
2. No development fees shall be assessed against any individual residence where the home buyer meets federal Housing and Urban Development guidelines on low to moderate income levels as adjusted annually, as evaluated and determined by the South East Arizona Government Organization, provided the home remains owned and occupied by residents who meet the requirements of this section for a period of five years. The city shall record, in a format to be determined by the City Attorney, the requirements for exemptions granted under this section with the Cochise County Recorder.
(b) Economic development. Development fees may be waived, in whole or in part, by Council resolution or approved development agreement, for projects that meet the objectives and criteria of a city economic development policy as adopted by the City Council.
(c) Redevelopment and blight. Development fees may be waived, in whole or in part, by Council resolution or approved development agreement, on residential or non-residential development located within those areas described as blighted pursuant to A.R.S. §§ 36-1471 through 36-1491or for projects located within City Council adopted redevelopment plans.
(d) In support of specific Council policy. Development fees may be waived, in whole or in part, by Council resolution or approved development agreement, for projects that meet specific criteria as documented in written policies, plans or other actions as approved by the Mayor and City Council.
(e) Infill Incentive Districts. Development fees may be waived, in whole or in part, by Council resolution or approved development agreement, on residential or non-residential development within the boundaries of approved Infill Incentive Districts.
(f) Schools. No police or fire/EMS development fees will be assessed on any new school development that offers enrollment to the general public, including public, private, or charter school, where such school receives state funding.
(g) City government. No development fees shall be assessed against any new development owned or leased for public use by the City of Sierra Vista.
(4) Review of an application for exemption. Upon receipt of a complete application for exemption, the City Manager shall review the proposed new development and where applicable, shall make a recommendation to the City Council as to whether the new development qualifies for an exemption pursuant only to the provisions in division (3) above. Based on the recommendation of the City Manager and the criteria set forth in division (3) above, the City Council shall either grant, grant with conditions, or deny a proposed exemption request.
(5) Notification to appropriate departments. If the City Council determines that the proposed development qualifies for an exemption, the City Manager shall notify the Finance Manager that the exemption has been approved and that a funding source other than development fees shall be used to fund public facilities in accordance with the adopted capital improvements program.
(6) Effect of grant of exemption.
(a) If the City Council grants an exemption of development fees otherwise due, the City Manager shall either:
1. Transmit funds equal in amount to those exempted, from a source other than development fees, into the appropriate development fee account within two years of the grant of the exemption. or
2. Keep a record, by category, of all exemptions and the amount of each exemption by project, which shall be reported annually in accordance with § 154.04(B); and at the time of construction of development fee projects, further document in the required annual report that the exemptions granted have been covered in the final project cost by a source other than development fees.
(b) The city shall not increase the amount of development fees payable under this chapter to replace any revenue lost on account of the exemptions granted.
(7) Development agreements. Nothing herein shall be deemed to limit in any manner the city's authority or ability to enter into development agreements pursuant to A.R.S. § 9-500.05 with applicants for new development who may provide for dedication of land, payments in lieu of development fees, or actual infrastructure improvements. Such development agreements may allow offsets against development fees for contributions made or to be made in the future in cash, or dedication of land or by actual construction of all or part of a public facility by the affected property owner.
(Ord. 2006-006, passed 3-9-06; Am. Ord. 2009-012, passed 10-22-09; Am. Ord. 2012- 003, passed 5-10-12)
If the city adopts a development fee that is not the maximum supportable fee for a given category as specified in the methodology report, the city shall identify a funding source annually for the amount of fees in which a reduction is authorized. The city shall include in the annual report specified in § 154.04(B), the effect of any reduction, by category, and demonstrate how the reduction was offset with other revenues.
(Ord. 2006-006, passed 3-9-06; Am. Ord. 2009-012, passed 10-22-09; Am. Ord. 2012- 003, passed 5-10-12)
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