§ 9-8-14 General provisions.
(A) Application. The provisions of this article relating to the collection of development fees shall apply to all new development within the corporate limits of the City and within the established Service Areas as those may be amended from time to time.
(B) Term. This article and the procedures established herein shall remain in effect unless and until repealed, amended or modified by the Mayor and City Council in accordance with applicable state law and the City code, ordinances and resolutions.
(C) Reservation. The City may reserve in an Infrastructure Improvement Plan adopted pursuant to the requirements of this article and A.R.S. § 9-463.05 or by other means reserve capacity to serve future development.
(D) Beneficial Use. Any development for which a development fee has been paid is entitled to the use and benefit of the service for which the fee was imposed and is entitled to receive immediate service from any existing facility with available capacity to serve the new Service Units if the available capacity has not been reserved or pledged in connection with the construction or financing of the facility.
(E) Development fees shall not be imposed under the following circumstances:
(1) No wastewater development fee shall be charged in connection with the installation of a water meter that is to be used solely for outdoor irrigation purposes and has no connection to the wastewater system.
(2) Development fees for water and wastewater shall not be imposed on development within a Service Area if the utility service for which the fee is being imposed is provided by a private utility company pursuant to its Certificate of Convenience and Necessity.
(F) Reduction or Elimination of Fees. Notwithstanding anything to the contrary in this article, including the terms of any development fee schedules provided pursuant to Section 9-8-9(B), if, after the date of the Final Approval, the City reduces development fees, the reduced fee shall apply to all developments.
(G) The payment of development fees shall not entitle the applicant to a building permit unless all other applicable land use, zoning, planning, platting, subdivision or other related requirements, standards and conditions of development have been met. Such other requirements, standards and conditions are independent of the requirement for payment of a development fee.
(H) Nothing in this article shall affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards or other applicable standards or requirements related to the development, which shall be operative and remain in full force and effect without limitation.
(I) Nothing in this article shall be deemed to limit the City’s authority and ability to enter into development agreements pursuant to A.R.S. § 9-500.05, including development agreements that contain provisions regarding the construction of Necessary Public Services or Facilities Expansions, reimbursement for Necessary Public Services or Facilities Expansions provided by a Developer, or development fee credits.
(J) Nothing in this article obligates the City to enter into any development agreement or any other agreement related to the development of property within the City.
(K) If the City agrees to waive any applicable development fees in a Development Agreement, the City shall reimburse the appropriate development fee fund for the amount of development fees waived. If an Advisory Committee has been established, notice of the waiver shall be provided to the Advisory Committee within 30 days of the date of the Development Agreement.
(L) Any action to collect development fees shall be commenced within two years after the obligation to pay the fee accrues. (Ord. 19-1416, passed 1-14-2019)