§ 9-8-5 Adoption or modification of development fees; Land use assumptions and infrastructure improvements plans.
(A) The City shall comply with the requirements set forth in A.R.S. § 9-463.05 for the adoption or modification of development fees assessed pursuant to this article, including the notice and public hearing requirements.
(1) Prior to the adoption or modification of development fees, the City shall adopt or update Land Use Assumptions and shall adopt or amend Infrastructure Improvements Plan for the Service Area that the new or modified development fees will be assessed.
(2) In calculating and imposing a development fee applicable to land in a Community Facilities District established under A.R.S. Title 48, Ch. 4, Art. 6, the City shall take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and facilities and shall not assess a portion of the development fee otherwise calculated to be due based on the infrastructure or costs.
(B) The City shall comply with the requirements set forth in A.R.S. § 9-463.05 for the adoption or update of Land Use Assumptions including notice and public hearing requirements.
(1) An ordinance, order, or resolution approving Land Use Assumptions cannot be adopted as an emergency measure.
(C) The City shall comply with the requirements set forth in A.R.S. § 9-463.05 for the adoption or amendment of Infrastructure Improvement Plans, including notice and public hearing requirements.
(1) Infrastructure Improvement Plans shall be developed by Qualified Professionals using generally accepted engineering and planning practices.
(2) Infrastructure Improvement Plans shall include all of the information required in A.R.S. § 9-463.05 for each Necessary Public Service and Facility Expansion that is to be the subject of the development fee.
(3) The City may reserve capacity generated by a Necessary Public Service or Facility Expansion in an IIP or by Development Agreement.
(4) Infrastructure Improvement Plans adopted pursuant to A.R.S. § 9-463.05 and this article may be amended without public hearing if the amendment meets the requirements of A.R.S. § 9-463.05 for amending Infrastructure Improvements Plans without a public hearing. Such amendments shall comply with the requirements of A.R.S. § 9-463.05 for amending Infrastructure Improvement Plans without a public hearing.
(5) An ordinance, order, or resolution approving Infrastructure Improvement Plans cannot be adopted as an emergency measure.
(D) Land Use Assumptions and Infrastructure Improvements Plans shall be updated at least every five years. The five year period begins on the date the Infrastructure Improvement Plans are adopted.
(1) If as of the date of the required review, the City Council determines that no changes to Land Use Assumptions, Infrastructure Improvements Plans or development fees are needed, the City may, as an alternative to undertaking an update, publish a public notice of its determinations on the City’s website. Such notice shall comply with the requirements set forth in A.R.S. § 9-463.05.
(2) If a request is made for an update to Land Use Assumptions, Infrastructure Improvements Plans or development fees within the time frame specified in the notice provided pursuant to subsection (D)(1) of this section, the City Council shall determine whether to accept or reject the request; and if accepted, the requested update shall be processed pursuant to the requirements set forth in A.R.S. § 9-463.05.
(E) At the request of the City Manager, the City Council may establish an Advisory Committee to act in an advisory capacity in the adoption or modification of development fees, Land Use Assumptions or Infrastructure Improvement Plans. The establishment, composition and responsibilities of such Advisory Committee shall comply with the requirements of A.R.S. § 9-463.05.
(F) If the City requires as a condition of development approval the construction of an improvement of, contributions to, or dedication of any facilities that were not included in a previously adopted Infrastructure Improvements Plan and the new facilities will substitute for or otherwise reduce the need for similar other facilities in the Infrastructure Improvements Plan for which development is being assessed, the Infrastructure Improvements Plan shall be amended to include the facilities and to eliminate or modify the existing facilities and a credit shall be provided toward the payment of the development fee for the construction, improvement, contribution or dedication of the new facilities. The credits shall be issued consistent with the terms of this article.
(G) No ordinance, order or resolution approving a new or modified development fee shall be adopted as an emergency measure.
(H) A development fee assessed pursuant to this article shall not be effective until 75 days after its form adoption by the Council of the City of Goodyear. (Ord. 19-1416, passed 1-14-2019)