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A. Adopting or amending the infrastructure improvements plan. The infrastructure improvements plan shall be adopted or amended subject to the following procedures:
1. Major amendments to the infrastructure improvements plan. Except as provided in section 23A-79(A)(2), the adoption or amendment of an infrastructure improvement plan shall occur after one (1) or more public hearings according to the following schedule, and may occur concurrently with the adoption of an update of the city's land use assumptions as provided in section 23A-77:
a. Sixty (60) days before the first public hearing regarding a new or updated infrastructure improvements plan, the city shall provide public notice of the hearing and post the infrastructure improvements plan and the underlying land use assumptions on its website; the city shall additionally make available to the public the documents used to prepare the infrastructure improvements plan and underlying land use assumptions and the amount of any proposed changes to the plan-based cost per SU.
b. The city shall conduct a public hearing on the infrastructure improvements plan and underlying land use assumptions at least thirty (30) days, but no more than sixty (60) days, before approving or disapproving the infrastructure improvements plan.
2. Minor amendments to the infrastructure improvements plan. Notwithstanding the other requirements of this section, the city may update the infrastructure improvements plan and/or its underlying land use assumptions without a public hearing if all of the following apply:
a. The changes in the infrastructure improvements plan and/or the underlying land use assumptions will not add any new category of necessary public services to any service area.
b. The changes in the infrastructure improvements plan and/or the underlying land use assumptions will not increase the level of service to be provided in any service area.
c. Based on an analysis of the fee report and the city's adopted development impact fee schedules, the changes in the infrastructure improvements plan and/or the underlying land use assumptions would not, individually or cumulatively with other amendments undertaken pursuant to this subsection, have caused a development impact fee in any service area to have been increased by more than five percent (5%) above the development impact fee that is provided in the current development impact fee schedule.
d. At least thirty (30) days prior to the date that the amendment pursuant to this section is adopted, the city shall post the proposed amendments on the city website.
B. Amendments to the fee report. Any adoption or amendment of a fee report and fee schedule shall occur according to the following schedule:
1. The first public hearing on the fee report must be held at least thirty (30) days after the adoption or approval of and infrastructure improvements plan as provided in section 23A-79(A). The city must give at least thirty (30) days' notice prior to the hearing, provided that this notice may be given on the same day as the approval or disapproval of the infrastructure improvements plan.
2. The city shall make the infrastructure improvements plan and underlying land use assumptions available to the public on the city's website thirty (30) days prior to the public hearing described in section 23A-79(B)(1).
3. The fee report may be adopted by the city no sooner than thirty (30) days, and no later than sixty (60) days, after the hearing described in subparagraph section 23A-79(B)(1).
4. The development fee schedules in the fee report adopted pursuant to this subsection shall become effective seventy-five (75) days after adoption of the fee report by the city.
(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14)
A. Renewing the infrastructure improvements plan. Except as provided in section 23A-80(B), not later than every five (5) years the city shall update the applicable infrastructure improvements plan and fee report related to each category of necessary public services pursuant to section 23A-79
. The initial five (5) year period begins on the day the infrastructure improvements plan is adopted. Subsequent five (5) year periods shall be calculated from the date of the adoption of the infrastructure improvements plan or the date of the adoption of the fee report, whichever occurs later.
B. Determination of no changes. Notwithstanding section 23A-80(A), if the city determines that no changes to an infrastructure improvements plan, underlying land use assumptions, or fee report are needed, the city may elect to continue the existing infrastructure improvements plan and fee report without amendment by providing notice as follows:
1. Notice of the determination shall be published at least one hundred eighty (180) days prior to the end of the five (5) year period described in section 23A-80(A).
2. The notice shall identify the infrastructure improvements plan and fee report that shall continue in force without amendment.
3. The notice shall provide a map and description of the service areas covered by the infrastructure improvements plan and fee report.
4. The notice shall identify an address to which any resident of the city may submit, within sixty (60) days, a written request that the city update the infrastructure improvements plan, underlying land use assumptions, and/or fee report and the reasons and basis for the request.
C. Response to comments. The city shall consider and respond within thirty (30) days to any timely requests submitted pursuant to section 23A-80(B)(4).
(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14)
A. Collection. Development impact fees, together with administrative charges assessed pursuant to section 23A-81(A)(4), shall be calculated and collected prior to and as a condition of the issuance of permission to commence development; specifically:
1. Unless otherwise specified pursuant to a development agreement adopted pursuant to section 23A-83, development impact fees shall be paid prior to and as a condition of the issuance of a building permit according to the current development impact fee schedule for the applicable service area(s) as adopted pursuant to this article, or according to any other development impact fee schedule as authorized in this article.
2. No building permit or certificate of occupancy shall be issued if a development impact fee is not paid as directed in the previous paragraphs.
3. If the building permit is for a change in the type of building use, an increase in square footage, or a change to land use, the development impact fee shall be assessed on the additional service units resulting from the expansion or change, and following the development impact fee schedule applicable to any new use type.
4. For issued permits that expire or are voided, development impact fees and administrative charges shall be as follows:
a. If the original permittee is seeking to renew an expired or voided permit, and the development impact fees paid for such development have not been refunded, the permittee shall pay the difference between any development impact fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed.
b. If a new or renewed permit for the same development is being sought by someone other than the original permittee, the new permit applicant shall pay the full development impact fees specified in the fee schedule in effect at the time that the permits are reissued or renewed. If the original permittee has assigned its rights under the permits to the new permit applicant, the new permit applicant shall pay development impact fees as if it were the original permittee.
5. Administrative charges. The city shall initially assess a $50 administrative charge to cover administrative expenses. The administrative charge may not be paid with development impact fee credits. The administrative charge shall be in addition to the amount of the development impact fee that is due and shall be paid at the same time as the fee. The administrative charge may be amended to reflect the actual administrative costs by the development impact fee administrator. Any amendment shall be adopted as a development standard with the approval of the mayor and council.
B. Exceptions. Development impact fees shall not be owed under any of the following conditions:
1. Development impact fees have been paid for the development and the permit that triggered the collection of the development impact fees has not expired or been voided.
2. The approval that triggers the collection of development impact fees involves modifications to existing residential or non-residential development that do not:
a. add new SUs,
b. add square footage to existing residential development in existence for at least ten (10) years and which does not constitute a new dwelling unit or,
c. increase the impact of existing SUs on existing or future capital facilities or,
d. change the land-use type of the existing development to a different category of development for which a higher development impact fee would have been due.
To the extent that any modification does not meet the requirements of this paragraph, the development impact fee due shall be the difference between the development impact fee that was or would have been due on the existing development and the development impact fee that is due on the development as modified.
3. The approval that triggers the collection of development impact fees involves construction of residential or nonresidential development on a site with a previously approved demolition permit in final status within five (5) years prior to application. The development impact fee due shall be the difference between the development impact fee that was or would have been due on the demolished structures and the development fee that is due on the new or modified development.
4. A governmental entity controls and directs the development for a governmental purpose on property owned by a governmental entity.
C. Temporary exemptions from development impact fee schedules. New developments in the city shall be temporarily exempt from increases in development impact fees that result from the adoption of new or modified development impact fee schedules as follows:
1. Residential uses (other than multifamily). On or after the day that the first building permit is issued for a residential development (other than multifamily), the city shall, at the permittee's request, provide the permittee with an applicable development impact fee schedule, as established by the prior adoption of the fee schedule by the mayor and council, that shall be in force for a period of twenty-four (24) months beginning on the day that the first building permit is issued, and which shall expire at the end of the first business day of the 25th month after the first building permit is issued. During the effective period of the applicable development impact fee schedule, any building permit issued for the same residential development shall not be subject to any new or modified development impact fee schedule.
2. All other uses. On or after the city's approval of a site plan or final subdivision plat for an industrial: light industrial, industrial: warehousing, industrial: manufacturing, commercial/retail: general, commercial/retail: free standing discount store, general office, institutional: schools, institutional: religious facilities, institutional: medical (nursing home/assisted living), institutional: medical (clinic, hospital), hotel or multifamily development, the city shall, at the permittee's request, provide the permittee with an applicable development impact fee schedule, as established by the prior adoption of the fee schedule by the mayor and council, that shall be in force for a period of twenty-four (24) months beginning on the day the site plan or final subdivision plat was approved, and which shall expire at the end of the first business day of the 25th month after the site plan or final subdivision plat was approved. During the effective period of the applicable development impact fee schedule, any building permit issued for the same development shall not be subject to any new or modified development impact fee schedule.
3. Changes to development plans and final subdivision plats. During the twenty-four (24) month period referred to in section 23A-81(C)(1) or (2), if changes are made to a development's site plan or final subdivision plat that will increase the number of service units, the city may assess any new or modified development impact fees against the additional service units. If the city reduces the amount of an applicable development impact fee during the twenty-four (24) month period referred to in section 23A-81(C)(1) or (2), the city shall assess the lower development impact fee.
D. Option to pursue special fee determination. Where a development is of a type that does not closely fit within a particular category of development appearing on an adopted development impact fee schedule, or where a development has unique characteristics such that the actual burdens and costs associated with providing necessary public services to that development will differ substantially from that associated with other developments in a specified category of development, the city may require the applicant to provide the development impact fee administrator with an alternative development impact fee analysis. Based on a projection of the actual burdens and costs that will be associated with the development, the alternative development impact fee analysis may propose a unique fee for the development based on the application of an appropriate SU factor to the applicable plan-based cost per SU, or may propose that the development be covered under the development impact fee schedule governing a different and more analogous category of development. The development impact fee administrator shall review the alternative impact fee analysis and shall make a determination as to the development impact fee to be charged. The decision shall be appealable pursuant to section 23A-84. The development impact fee administrator may require the applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application.
E. Waivers. Development impact fees shall not be waived except in accordance with the provisions set forth in section 23A-81(E)(1) and (2) below. When development impact fees are waived, the city shall transmit non-development impact fee funds to cover the waivers into the appropriate development impact fee account.
1. Affordable housing: Any waiver of development impact fees for eligible affordable housing providers, including any waiver pursuant to an affordable housing program approved by the Mayor and Council under which the city provides a subsidy for eligible affordable housing projects, requires the prior approval of the Mayor and Council.
2. Development agreements: Through a development agreement between the city and the developer of a property, partial or full development impact fee waivers may be granted for projects that provide a public benefit to the city and result in a net financial benefit to the city. Development agreements entered into under this section shall comply with the requirements of section 23A-83.
F. Mixed use incentive. New developments in the city shall be eligible for reduced streets facilities development impact fees if in compliance with the criteria below, as determined by the Impact Fee Administrator or their designee during the development package review process. Developments which utilize this incentive shall be subject to the fees in Section 23A-91 Table 3 - "Mixed Use Incentive Fee" Rates. The purpose of this incentive is to encourage development that increases commuting by transit, bicycle, and walking. This incentive applies to development that meets the criteria below, which will result in fewer vehicle trips and less demand on the street facilities system.
1. Transit access (required): Development must be located close to transit. The development boundary must be within one-quarter mile walking distance to a transit stop.
2. Residential proximity (one of the following two is required):
a. Development must contain a mix of uses, including both residential and nonresidential. A minimum ratio of one (1) dwelling unit per 500 square feet of nonresidential development must be provided.
b. Development must be located close to high-density residential. A minimum of 2,000 units must be located within one-half mile of the development boundary.
3. Multimodal options (one of the following two is required):
a. Development must be located close to planned or constructed publicly-designated bicycle boulevard or multi-use path. The development boundary must be within one-quarter mile walking distance to said boulevard or path.
b. Development must provide additional bicycle parking spaces, bicycle connections and car share facilities. Bicycle parking must be provided at three (3) times the standard rate. Internal bicycle circulation connections must be provided from every public street to the buildings and bicycle parking areas on the development site. Car share spaces must be provided at the following rates:
Number of Residential Units | Number of Required Car Share Spaces |
0-24 | 0 |
25-99 | 1 |
100+ | 2, plus 1 for every 100 dwelling units over 100 |
Number of Parking Spaces for Nonresidential Uses | Number of Required Car Share Spaces |
0-49 | 0 |
50-99 | 1 |
100+ | 2, plus 1 for every 100 parking spaces over 100 |
(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14; Ord. No. 11624, § 1, 2-20-19, eff. 3-22-19; Ord. No. 11759, § 1, 6-9-20, eff. 8-23-20; Ord. No. 11919, § 1, 3-22-22, eff. 4-21-22)
A. Eligibility of capital facility. All development impact fee credits must meet the following requirements:
1. One of the following is true:
a. The capital facility, or the financial contribution toward a capital facility that will be provided by the developer and for which a credit will be issued, must be identified in an adopted infrastructure improvements plan and fee report as a capital facility for which a development impact fee was assessed; or
b. The applicant must demonstrate to the satisfaction of the city that, given the class and type of improvement, the subject capital facility should have been included in the infrastructure improvements plan in lieu of a different capital facility that was included in the infrastructure improvements plan and for which a development impact fee was assessed. If the subject capital facility is determined to be eligible for a credit in this manner, the city shall amend the infrastructure improvements plan to:
i. include the subject replacement facility, and
ii. delete the capital facility that will be replaced.
2. Credits shall not be available for any infrastructure provided by a developer if the cost of the infrastructure will be repaid to the developer by the city through another agreement or mechanism. To the extent that the developer will be paid or reimbursed by the city for any contribution, payment, construction, or dedication from any city funding source including an agreement to reimburse the developer with future collected development impact fees pursuant to section 23A-83, any credits claimed by the developer shall be:
a. deducted from any amounts to be paid or reimbursed by the city, or
b. reduced by the amount of the payment or reimbursement.
B. Eligibility of subject development. To be eligible for a credit, the subject development must be located within the service area of the eligible capital facility.
C. Calculation of credits. Credits will be based on that portion of the costs for an eligible capital facility identified in the adopted infrastructure improvements plan for which a development fee was assessed pursuant to the fee report. If the gross impact fee for a particular category of necessary public service is adopted at an amount lower than the plan-based cost per SU, the amount of any credit shall be reduced in proportion to the difference between the plan-based cost per SU and the gross impact fee adopted. A credit shall not exceed the actual costs the applicant incurred in providing the eligible capital facility.
D. Allocation of credits. Before credits can be issued to a subject development (or portion of it), credits must be allocated to that development as follows:
1. The developer and the city must execute a credit agreement including all of the following:
a. The total amount of the credits resulting from provision of an eligible capital facility.
b. The estimated number of SUs to be served within the subject development.
c. The method by which the credit values will be distributed within the subject development.
2. It is the responsibility of the developer to request allocation of development impact fee credits through an application for a credit agreement (which may be part of a development agreement entered into pursuant to section 23A-83).
3. If a building permit is issued, and a development impact fee is paid prior to execution of a credit agreement for the subject development, no credits may be allocated retroactively to that permit or connection. Credits may be allocated to any remaining permits for the subject development in accordance with this article.
4. If the entity that provides an eligible capital facility sells or relinquishes a development (or portion of it) that it owns or controls prior to execution of a credit agreement or development agreement, credits resulting from the eligible capital facility will only be allocated to the development if the entity legally assigns such rights and responsibilities to its successor(s) in interest for the subject development.
5. If multiple entities jointly provide an eligible capital facility, both entities must enter into a single credit agreement with the city, and any request for the allocation of credit within the subject development must be made jointly by the entities that provided the eligible capital facility.
6. Credits may only be reallocated from or within a subject development with the city's approval of an amendment to an executed credit agreement, subject to the following conditions:
a. The entity that executed the original agreement with the city, or its legal successor in interest and the entity that currently controls the subject development are parties to the request for reallocation.
b. The reallocation proposal does not change the value of any credits already issued for the subject development.
7. A credit agreement may authorize the allocation of credits to a non-contiguous parcel only if all of the following conditions are met:
a. The entity that executed the original agreement with the city or its legal successor in interest, the entity that currently controls the subject development, and the entity that controls the non-contiguous parcel are parties to the request for reallocation.
b. The reallocation proposal does not change the value of any credits already issued for the subject development.
c. The non-contiguous parcel is in the same service area as that served by the eligible capital facility.
d. The non-contiguous parcel receives a necessary public service from the eligible capital facility.
e. The credit agreement specifically states the value of the credits to be allocated to each parcel and/or SU, or establishes a mechanism for future determination of the value of the credits.
f. The credit agreement does not involve the transfer of credits to or from any property subject to a development agreement.
8. Public funding credits. Credits for public funding sources shall be provided as follows:
Where all or a portion of the construction of a development is directly funded with appropriated public funds duly authorized by a local, state or federal government, a public funding credit shall be deducted from the development impact fee calculated in the fee schedules contained in section 23A-90, or in the calculation of the fee pursuant to section 23A-81(D), prior to the assessment and payment of the fee. The public funding credit shall be a percentage of the development impact fee and shall apply equally to all development impact fees. The percentage shall be determined based upon the amount of public monies as a percentage of the total cost of the construction of the development project utilizing public funding. The public funding credit shall not apply to guaranteed loans, tax credits or other indirect government financing.
E. Credit agreement. Credits shall only be issued pursuant to a credit agreement that conforms to the requirements set forth in section 23A-82(D). The development impact fee administrator is authorized by this article to enter into a credit agreement with the controlling entity of a subject development, subject to the following:
1. The developer requesting the credit agreement shall provide all information requested by the city to allow it to determine the value of the credit to be applied.
2. An application for a credit agreement shall be submitted to the city by the developer within one (1) year of the date on which ownership or control of the capital facility passes to the city.
3. The developer shall submit a draft credit agreement to the development impact fee administrator for review in the form provided to the applicant by the city. The draft credit agreement shall include, at a minimum, all of the following information and supporting documentation:
a. A legal description and map depicting the location of the subject development for which the credits are being applied. The map shall depict the location of the capital facilities that have been or will be provided.
b. An estimate of the total SUs that will be developed within the subject development depicted on the map and described in the legal description.
c. A list of the capital facilities associated physical attributes, and the related costs as stated in the infrastructure improvements plan.
d. Documentation showing the date of acceptance by the city, if the capital facilities have already been provided.
e. The total amount of the credits to be applied within the subject development and the calculations leading to the total amount of the credits.
f. The credits to be applied to each SU within the subject development for each category of necessary public services.
4. The credit agreement shall be approved by the development impact fee administrator prior to its execution. The city's determination of the credits to be allocated is final.
5. Upon execution of the credit agreement by the city and the applicant, credits shall be deemed allocated to the subject development.
6. Any amendment to a previously approved credit agreement must be initiated within two (2) years of the city's final acceptance of the eligible capital facility for which the amendment is requested.
7. Any credit agreement approved as part of a development agreement shall be amended in accordance with the terms of the development agreement and section 23A-83.
F. Issuance of credits. Credits allocated pursuant to section 23A-82(D) may be issued and applied toward the gross impact fees due from a development, subject to the following conditions:
1. Credits issued for an eligible capital facility may only be applied to the development impact fee due for the applicable category of necessary public services, and may not be applied to any fee due for another category of necessary public services.
2. Credits shall only be issued when the eligible capital facility from which the credits were derived has been accepted by the city or when adequate security for the completion of the eligible capital facility has been provided in accordance with all terms of an executed development agreement.
3. Where credits have been issued pursuant to section 23A-82(F)(2), an impact fee due at the time a building permit is issued shall be reduced by the credits stated in or calculated from the executed credit agreement. Where credits have not yet been issued, the gross impact fee shall be paid in full, and a refund of the credits shall be due when the developer demonstrates compliance with section 23A-82(F)(2) in a written request to the city.
4. Credits, once issued, may not be rescinded or reallocated to another permit or parcel, except that credits may be released for reuse on the same subject development if a building permit for which the credits were issued has expired or been voided and is otherwise eligible for a refund under section 23A-85(A)(2)(a).
5. Notwithstanding the other provisions of this section, credits issued prior to January 1, 2012, may only be used for the subject development for which they were issued. The credits may be transferred to a new owner of all or part of the subject development in proportion to the percentage of ownership in the subject development to be held by the new owner.
(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14)
A. General. Development agreements containing provisions regarding development impact fees, development impact fee credits, and/or disbursement of revenues from development impact fee accounts shall comply with the requirements of this section.
B. Development agreement required. A development agreement is required to authorize any of the following:
1. To issue credits prior to the city's acceptance of an eligible capital facility.
2. To allocate credits to a parcel that is not contiguous with the subject development and that does not meet the requirements of section 23A-82(D)(7).
3. To reimburse the developer of an eligible capital facility using funds from development impact fee accounts.
4. To allocate different credit amounts per SU to different parcels within a subject development.
5. For a single family residential dwelling unit, to allow development impact fees to be paid at a later time than the issuance of a building permit as provided in section 23A-83(H).
C. General requirements. All development agreements shall be prepared and executed in accordance with A.R.S. § 9-500.05 and any applicable requirements of the City Code. Except where specifically modified by this section, all provisions of section 23A-82
shall apply to any credit agreement that is authorized as part of a development agreement.
D. Early issuance of credits. A development agreement may authorize the issuance of credits prior to acceptance of an eligible capital facility by the city when the development agreement specifically states the form and value of the security (i.e. bond, letter of credit, etc.) to be provided to the city prior to issuance of any credits. The city shall determine the acceptable form and value of the security to be provided.
E. Non-contiguous allocation of credits. A development agreement may authorize the allocation of credits to a non-contiguous parcel only if all of the following conditions are met:
1. The non-contiguous parcel is in the same service area as that served by the eligible capital facility.
2. The non-contiguous parcel receives a necessary public service from the eligible capital facility.
3. The development agreement specifically states the value of the credits to be allocated to each parcel and/or SU, or establishes a mechanism for future determination of the credits.
F. Uneven allocation of credits. The development agreement must specify how credits will be allocated amongst different parcels on a per-SU basis, if the credits are not to be allocated evenly. If the development agreement is silent on this topic, all credits will be allocated evenly amongst all parcels on a per-SU basis.
G. Use of reimbursements. Funds reimbursed to developers from impact fee accounts for construction of an eligible capital facility must be utilized in accordance with applicable law for the use of city funds in construction or acquisition of capital facilities, including A.R.S. § 34-201, et seq.
H. Deferral of fees. A development agreement may provide for the deferral of payment of development impact fees for a residential development beyond the issuance of a building permit; provided that a development impact fee may not be paid later than fifteen (15) days after the issuance of the certificate of occupancy for that dwelling unit. The development agreement shall provide for the value of any deferred development impact fees to be supported by appropriate security, including a surety bond, letter of credit, or cash bond.
I. Waiver of fees. If the city agrees to waive any development impact fees assessed on development in a development agreement, the city shall reimburse the appropriate development impact fee account for the amount that was waived.
J. No obligation. Nothing in this section obligates the city to enter into any development agreement or to authorize any type of credit agreement permitted by this section.
(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14)
A. Mayor and council appeal. A development impact fee or credit determination by the development impact fee administrator may be appealed in accordance with the mayor and council appeal procedure set forth in the Unified Development Code (UDC), Chapter 23B, Section 3.9.2, and in conformance with the procedures set forth in this section.
B. Limited scope. An appeal shall be limited to disputes regarding the calculation of the development impact fees or credits for a specific development and/or permit and calculation of SU's for the development.
C. Form of appeal. Appeals shall be filed in writing with the city clerk's office with a copy to the development impact fee administrator, within fourteen (14) days of a decision and no later than fourteen (14) days after the determination of the final development impact fee to be charged or credit to be issued for a project.
D. Final decision. The mayor and council's decision regarding the appeal is final.
E. Fees during pendency. Notwithstanding UDC, Chapter 23B, Section 3.9.2.B, building permits may be issued during the pendency of an appeal if the applicant pays the full development impact fee at the time the appeal is filed.
Upon final disposition of an appeal, the development impact fee shall be adjusted in accordance with the decision rendered and a refund shall be made, if applicable.
F. Takings appeal. Any assertion that the assessment of the development impact fee on an individual development constitutes an unconstitutional taking may be appealed in accordance with the takings appeal procedure pursuant to UDC, Chapter 23B, Section 3.9.3. Building permits may be issued during the pendency of a takings appeal as set forth under section 23A-84(E) above.
G. Interpretations. Any dispute or challenge to the interpretation of this article shall be determined by the development impact fee administrator.
(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14)
A. Refunds. A refund (or partial refund) will be paid to any current owner of property within the city who submits a written request to the development impact fee administrator and demonstrates that:
1. The permit that triggered the collection of the development impact fee has expired or been voided prior to the commencement of the development for which the permit was issued and the development impact fees collected have not been expended, encumbered, or pledged for the repayment of financing or debt; or
2. The owner of the subject real property or its predecessor in interest paid a development impact fee for the applicable capital facility on or after August 1, 2014, and one of the following conditions exists:
a. The capital facility designed to serve the subject real property has been constructed, has the capacity to serve the subject real property and any development for which there is reserved capacity, and the service which was to be provided by that capital facility has not been provided to the subject real property from that capital facility or from any other infrastructure.
b. After collecting the fee to construct a capital facility the city fails to complete construction of the capital facility within the time period identified in the infrastructure improvements plan, as it may be amended, and the corresponding service is otherwise unavailable to the subject real property from that capital facility or any other infrastructure.
c. For a category of necessary public services, any part of a development impact fee is not spent within ten (10) years of the city's receipt of the development impact fee.
d. The development impact fee was calculated and collected for the construction cost to provide all or a portion of a specific capital facility serving the subject real property and the actual construction costs for the capital facility are less than the construction costs projected in the infrastructure improvements plan by a factor of ten percent (10%) or more. In such event, the current owner of the subject real property shall, upon request as set forth in this section, be entitled to a refund for the difference between the amounts of the development impact fee charged for and attributable to such construction cost and the amount the development impact fee would have been calculated to be if the actual construction cost had been included in the fee report. The refund contemplated by this subsection shall relate only to the costs specific to the construction of the applicable capital facility and shall not include any related design, administrative, or other costs not directly incurred for construction of the capital facility that are included in the development impact fee as permitted by A.R.S. § 9-463.05.
B. Earned interest. A refund of a development impact fee shall include any interest actually earned on the refunded portion of the development impact fee by the city from the date of collection to the date of refund. All refunds shall be made to the record owner of the property at the time the refund is paid.
C. Refund to government. If a development impact fee was paid by a governmental entity, any refund shall be paid to that governmental entity.
(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14)
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