§ 157-01 Development Fees; Purpose and Intent, Definitions, Land Use Assumptions, Infrastructure Improvements Plan and Fee Study; Applicability.
   (A)   Purpose and intent.  The purpose and intent of these development fee procedures are:
      (1)   To establish uniform procedures for the imposition, calculation, collection, expenditure and administration of development fees imposed on new development;
      (2)   To ensure that new development contributes only its proportionate share towards the costs of public facilities reasonably necessitated by such new development;
      (3)   To ensure that new development receives a beneficial use from the expenditure of development fees on necessary public services included in the infrastructure improvements plan;
      (4)   To ensure that all applicable legal standards and criteria are incorporated into these procedures; and
      (5)   To ensure that all applicable procedures and requirements of A.R.S. § 9-463.05, as amended, have been met.
   (B)   Definitions.  Except as otherwise indicated herein, the words or phrases used in this chapter have the meaning prescribed in Chapter 157 of the City Code.
      APPLICANT.  Any person who files an application for a construction permit with the City of Yuma.
      APPROPRIATE or TO APPROPRIATE.  An action by the City Council to identify, through the Infrastructure Improvements Plan, specific public facilities for which development fee funds may be utilized. Appropriation includes execution of a contract or other legal encumbrance authorized by the City Council 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.
         (a)   An audit, conducted by one or more qualified professionals who are not employees or officials of the City of Yuma and who did not prepare the infrastructure improvements plan, that reviews the City of Yuma's:
            1.   Land use assumptions, including determining whether the land use assumptions conform with the City of Yuma's general plan;
            2.   The progress of the infrastructure improvements plan, including the collection and expenditures of development fees for each project in the plan;
            3.   Development fees, including evaluating any inequities in implementing the infrastructure improvements plan or imposing the development fee.
         (b)   BIENNIAL CERTIFIED AUDIT shall not mean an audit conducted pursuant to A.R.S. § 9-481 or require certification by a certified or licensed public accountant.
      CITY. The City of Yuma, Arizona.
      CITY ADMINISTRATOR. The City Administrator of the City or the City Administrator's designee.
      CITY CODE. Yuma City Code.
      CITY COUNCIL. The governing body of the City.
      CONSTRUCTION PERMIT. An approval by the City to undertake any new development, including but not limited to a building permit, plumbing permit, mechanical permit, electrical permit, encroachment permit or certificate of occupancy.
      COORDINATOR. The Development Fee Coordinator designated by the City Administrator.
      CREDIT. A reduction of certain required development fees in exchange for the dedication of public facility sites and improvements included in the Infrastructure Improvements Plan, for which the development fee is assessed.
      DEDICATION. The actual conveyance date or the date an improvement, facility or real or personal property is placed into service, whichever occurs first.
      DEVELOPMENT AGREEMENT. An agreement between the City and an applicant or other party enacted in accordance with A.R.S. § 9-500.05.
      DEVELOPMENT FEE. A fee adopted pursuant to A.R.S. § 9-463.05 which is imposed on new development on a proportionate share basis in connection with and as a condition of the issuance of a construction 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 the expenditure of which provides a beneficial use to new development.
      DEVELOPMENT FEE STUDY or FEE STUDY.  A report titled "Development Fees" dated January 4, 2012 prepared pursuant to A.R.S. § 9-463.05, which sets forth the proportionate share development fees necessary to offset new development's demand for necessary public services and facility expansions.
      EXEMPT DEVELOPMENT. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that does not add or increase the number of service units.
      FACILITY EXPANSION. The expansion of the capacity of an existing facility that serves the same function as the otherwise new necessary public service in order that the existing facility may serve new development. FACILITY EXPANSION does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.
      FINAL APPROVAL.  For a non-residential or multifamily development, the approval of a site plan or, if no site plan is submitted for the development, the approval of a final subdivision plat. For a single-family residential development, the approval of a final subdivision plat.
      GENERAL PLAN. The General Plan of the City of Yuma.
      INFRASTRUCTURE IMPROVEMENTS PLAN. A written plan that identities each necessary public service or facility expansion that is proposed to be the subject of a development fee and otherwise complies with the requirements of A.R.S. § 9-463.05.
      LAND USE ASSUMPTIONS. A written projection of changes in land uses, densities, intensities and population for a specified service area over a period of at least ten years and pursuant to the City of Yuma General Plan.
      NECESSARY PUBLIC SERVICE. Any of the following, subject to all limitations and exceptions contained in A.R.S. § 9-463.05, that has a life expectancy of three or more years and is owned and operated by or on behalf of the City: street facilities; fire and police facilities; general government facilities; and parks and recreational facilities.
      NEW DEVELOPMENT. The subdivision of land; the construction, reconstruction, change of use, conversion, structural alteration, relocation or enlargement of any structure that adds or increases the number of service units; or any use or extension of the use of land that increases the number of service units.
      NON-RESIDENTIAL. Any use or development that is not a residential use.
      PUBLIC FACILITY. Capital facilities associated with a necessary public service or facility expansion and included in the City's Infrastructure Improvements Plan, which are necessary to accommodate new development, including land, land improvements, buildings, and vehicles. PUBLIC FACILITIES include, but are not limited to, parks and recreation facilities, fire facilities, police facilities, street facilities, and general governmental facilities. PUBLIC FACILITIES do not include site-necessitated capital facilities.
      PUBLIC FACILITY EXPENDITURES. Amounts appropriated in connection with the planning, implementation, design, engineering, and construction of public facilities; including planning, legal, appraisal, and other costs related to the acquisition of land, financing, and development costs; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessarily incident to provision of public facilities, including updates to the land use assumptions, Infrastructure Improvements Plan, and fee study. PUBLIC FACILITY EXPENDITURES do not include costs associated with operation, repair, maintenance, personnel or administrative expenses, upgrades necessary to meet stricter regulatory standards, upgrades to enhance LOS standards associated with public facilities, or financing costs not attributable to the portion of bonds or debt used to finance facilities in the Infrastructure Improvements Plan.
      RESIDENTIAL. Any use or development that includes or results in the creation of a dwelling unit.
      SERVICE AREA. Areas within the boundaries of the City specified by this chapter, in which new development will be served by necessary public services or facility expansions and within which a substantial nexus exists between the necessary public services or facility expansions and the development being served as prescribed in the Infrastructure Improvements Plan.
      SERVICE UNITS. A standardized measure of consumption, use, generation or discharge attributable to an individual unit of residential or non-residential development, calculated pursuant to generally accepted engineering or planning standards for a particular category of necessary public services or facility expansions.
      SITE-NECESSITATED CAPITAL FACILITY. A public improvement, whether on- or off-site, that is not included in the City's Infrastructure Improvements Plan and that is necessary to offset impacts attributable to a particular development; including but not limited to, direct access improvements, rum lanes, median openings, and frontage roads.
      WAIVER. A partial or full reduction of development fees that meets specific criteria for the application, has been approved by City Council and an alternative funding source other than development fees has been provided.
   (C)   Incorporation of the land use assumptions, Infrastructure Improvements Plan, and fee study. The City Council has reviewed and accepted, and incorporates into this chapter by reference, the land use assumptions, Infrastructure Improvements Plan, and fee study, which, among other things:
      (1)   Estimates the public facility capacity required as a result of new development in each service area including parks and recreation facilities, fire facilities, police-facilities, general government facilities, and streets facilities;
      (2)   Forecasts the costs of infrastructure, improvements, real property, financing, and other costs associated with meeting those future needs;
      (3)   Forecasts the revenue sources that will be available to fund the public facilities necessitated by new development;
      (4)   Establishes a proportionate share development fee by service area and service unit to offset new development's demand for additional public facility capacity and facility expansions; and
      (5)   Includes a map of the service areas.
   (D)   General provisions; applicability.
      (1)   Term. This chapter and the procedures established herein are in effect unless and until repealed, amended or modified by the City Council, in accordance with applicable state law and the City Code, ordinances, and resolutions.
      (2)   Affected area.
         (a)   Applicability. Development fees are imposed on residential and non-residential new development within the City as further provided in §§ 157-06 through 157-13.
         (b)   Service areas. Development fees are imposed and are to be appropriated, in accordance with the provisions of this chapter, within the service areas established in §§ 157-06 through 157-13.
         (c)   Change in boundaries of the City.  In the event of annexation of unincorporated county land by the City, the annexed area will be included in a particular service area based on the land use assumptions and Infrastructure Improvements Plan's methodology.
      (3)   Type of development affected. Except as provided in the following subsection, this chapter applies to all new development as further provided in §§ 157-06 through 157-13.
      (4)   Type of development not affected. This chapter does not apply to:
         (a)   Previously-issued construction permits and previously paid development fees. No development fee is to be imposed on new development for which a construction permit was issued prior to the original effective date of this chapter or for which development fees were paid pursuant to a prior construction permit after the original effective date.
         (b)   Exempt development.
            1.   No net increase in dwelling units. No development fee is imposed on any new residential development that does not result in the creation of a new dwelling unit, unless said new development increases the demand for public facilities for which development fees are being imposed.
            2.   No net increase in non-residential square footage. No development fee is imposed on non-residential new development that does not result in the creation of new square footage, unless said new development increases the demand for public facilities for which development fees are being imposed.
            3.   Other uses. No development fee is imposed on a use, development, project, structure, building, fence, sign or other activity, whether or not a construction permit is required, which does not result in an increase in the demand for public facilities.
         (c)   Development agreements. No development fee, for a particular public facility category, is imposed on development projects that are the subject of an existing development agreement, executed pursuant to A.R.S. § 9-500.05, containing provisions in conflict with this chapter, but only to the extent of the conflict or inconsistency.
         (d)   Development by school districts or charter schools. Pursuant to A.R.S. § 9-500.18, no development fee, other than a transportation development fee, is collected from a State of Arizona school district or a charter school; provided, however, that the City may seek to negotiate the construction of public facilities or the provision of services, or to negotiate the payment of development fees, pursuant to a development agreement or intergovernmental agreement with such entities.
      (5)   Effect of payment of development fees on other applicable City regulations.
         (a)   The payment of development fees does not entitle the applicant to a construction permit unless all applicable land use, zoning, planning, platting, subdivision, and other related requirements, standards, and conditions have been met. Such other requirements, standards, and conditions are independent of the requirement for payment of development fees.
         (b)   Neither this chapter nor the specific development fee ordinances for particular public facilities affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards or other applicable standards or requirements of the City Code, which remain operative and in full force and effect without limitation.
      (6)   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 A.R.S., Title 48, Chapter 4, Article 6, the City will take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and will not assess a portion of a development fee that would result in duplicate costs imposed by the district on new development.
(Ord. 02005-74, passed 9-7-05; Ord. 02010-14, passed 3-3-10; Ord. O2012-10, passed 5-2-12; Ord. O2014-38, passed 12-17-14; Ord. O2017- 029, passed 9-6-17)