For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT.
A person who applies to 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.
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. Such 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.
BUILDING PERMIT.
Any permit issued by the city that authorizes vertical construction, increases square footage, authorizes changes to land use, or provides for the addition of a residential or nonresidential point of demand to a water or wastewater system.
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. Wherever 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. The city assesses development impact fees against the following categories of development: commercial, residential, industrial, office and other service and institutional.
CATEGORY OF NECESSARY PUBLIC SERVICE.
A
CATEGORY OF NECESSARY PUBLIC SERVICES
for which the city is authorized to assess development impact fees, as further defined in § 7-3-8(A)(1).
CITY.
The City of Somerton, Arizona.
COMMERCIAL LAND USE.
A land use category consisting of an area for service, retail and other intensive types of commercial uses. Uses permitted pursuant to the current city zoning ordinance.
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 § 7-3-12 (or as otherwise permitted by this chapter).
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 § 7-3-13, 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 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 been needed in the immediate area of the EDU to maintain the city's level of service.
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.
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 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, paragraph (T), subparagraph (10).
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.
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 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 § 7-3-9 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.
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 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.
GENERAL PLAN.
Refers to the most recently adopted city general plan.
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 § 7-3-5(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.
INDUSTRIAL LAND USE.
Light industrial parks/uses and limited commercial uses as well as heavy industrial uses. Uses permitted pursuant to the current city zoning ordinance.
INFRASTRUCTURE IMPROVEMENTS PLAN.
Document or series of documents that meet the requirements set forth in A.R.S. § 9-463.05, including those adopted pursuant to § 7-3-9 to cover any category or combination of categories of necessary public services.
INSTITUTIONAL LAND USE.
A category of non-residential land use that includes private schools, hospitals, religious facilities, day care centers and other similar public and quasi-public uses when not elsewhere classified in other land use categories in the fee schedule.
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 § 7-3-11.
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 § 7-3-7.
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 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.
NECESSARY PUBLIC SERVICES.
Shall have the meaning prescribed in A.R.S. § 9-463.05, Subsection T, paragraph 5.
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 § 7-3-8.
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 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.
PLEDGED.
Where used with reference to a development impact fee, 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, 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.
PRIVATE SCHOOL.
An institution of learning offering education for children which charges students tuition, including some or all of the grades from kindergarten through 12th grade. The site may contain athletic, dining, assembly and recreation facilities.
PUBLIC SCHOOL.
An institution of learning offering free education for all children, including some or all of the grades from kindergarten through 12th grade. The site may contain athletic, dining, assembly and recreation facilities.
QUALIFIED PROFESSIONAL.
Any one of the following:
(1) 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.
RESIDENTIAL LAND USE.
Includes all uses from single family residential, detached, attached, multi-family, age restricted residential and other uses as permitted in the city zoning ordinance.
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 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.
STREET FACILITIES.
A category of necessary public services including arterial or collector streets or roads, traffic signals, rights-of-way, and improvements thereon, bridges, culverts, irrigation tiling, storm drains, and regional transportation facilities.
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.
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 § 7-3-13.
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.
SWIMMING POOL.
A public facility primarily designed and/or utilized for recreational noncompetitive 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.
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.
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.
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.
(Ord. 2014-004, passed 6-17-2014)