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(A) Subject to the requirements of this article and A.R.S. § 9-463.05, the City may assess and collect development fees for costs of Necessary Public Services and Facility Expansions to support development, which costs may include the costs of: utility relocation; infrastructure; improvements; real property interests; engineering and architectural services; and financing; and for costs of professional services required for the preparation of all of the reports, plans, schedules required under this article and A.R.S. § 9-463.05 for the adoption of development fees.

(B) Development fees may be collected if any of the following occurs:

(1) The collection is made to pay for a Necessary Public Service or Facility Expansion that is identified in an Infrastructure Improvements Plan and the City plans to complete construction and to have the service available within the time period established in the Infrastructure Improvement Plan, but in no event longer than the time periods provided in A.R.S. § 9-463.05(H)(3); or

(2) The City reserves in the Infrastructure Improvements Plan adopted pursuant to the requirements of A.R.S. § 9-463.05 or otherwise agrees to reserve capacity to serve future development; or

(3) The City requires or agrees to allow the owner of a development to construct or finance the Necessary Public Service or Facility Expansion and any of the following apply:

(a) The costs incurred or money advanced are credited against or reimbursed from the development fees otherwise due from a development; or

(b) The municipality reimburses the owner for those costs from the development fees paid from all developments that will use those Necessary Public Services or Facility Expansions; or

(c) For those costs incurred the municipality allows the owner to assign the credits or reimbursement rights from a development to other developments for the same category of Necessary Public Services in the same Service Area.

(C) Unless expressly prohibited by federal or state law, adopted development fees shall be assessed against all new residential and non-residential development within a Service Area except that the City may distinguish between different categories of residential and non-residential development in assessing the cost of providing Necessary Public Services or Facilities Expansions to serve new development and in determining the amount of the development fee applicable to the Category of Development.

(D) Development fees assessed under this article shall comply with requirements of A.R.S. § 9-463.05, including the following:

(1) Development fees shall be calculated based on the costs of Necessary Public Services and Facilities Expansions identified in Infrastructure Improvement Plans adopted pursuant to the requirements of A.R.S. § 9-463.05 and this article.

(a) The determination of the costs for Necessary Public Services or Facilities Expansions made necessary by new development shall be based on the same level of service provided to existing development in the Service Area.

(b) Projected interest charges and other finance costs may be included in the costs for Necessary Public Services or Facilities Expansions only if the monies collected are used for the payment of the principal and interest on the portion of the bonds, notes or other obligations issued to finance construction of Necessary Public Services or Facilities Expansions identified in Infrastructure Improvements Plans.

(2) Development fees shall result in a beneficial use to new development.

(3) Development fees shall not exceed a proportionate share of the cost of Necessary Public Services or Facilities Expansions, based on Development Units, needed to provide services to new development. (Ord. 19-1416, passed 1-14-2019)