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(A) Non-Binding Estimate. An Applicant may request a non-binding estimate of development fees for a particular new development at any time. Such estimates are non-binding and actual Development Fees shall be calculated, adjusted and collected as otherwise provided in this article.

(B) Development Fee Schedule. Upon request, an applicant shall be provided a written statement of the development fee schedule applicable to the development as of the date of the request.

(C) Timing of Payment. Except as otherwise provided in this article, Development Fees shall be paid at the time a Building Permit is issued and shall be calculated based on the fees in effect at the time the Building Permit is issued and pursuant to Section 9-8-8.

(D) Adjustments. Development fees shall be adjusted and additional fees collected under the following circumstances.

(1) If at any time during the construction of the building or structure or following the completion of a building or structure, City staff, or its agents, determines that the information upon which development fees were originally calculated is not consistent with the actual construction, the development fees shall be recalculated to reflect the actual Development Units regardless of whether an amended application is submitted. Any additional development fees owed pursuant to the recalculation shall be paid prior to the issuance of a certificate of occupancy.

(2) If City staff, or its agents, learns that an entire structure or a portion of the structure will be occupied by an occupancy that is inconsistent with the Category of Development upon which development fees were originally calculated, the development fees shall be recalculated to reflect the appropriate Category of Development at the time of occupancy. Any additional development fees owed shall be paid upon discovery of City staff of the change in occupancy, but no later than upon an application for a Building Permit or certificate of occupancy related to the occupancy. By way of example, if development fees on a building were calculated based on the assumption that an entire structure with 50,000 square feet of Gross Floor Area would be occupied as a professional office, but a certificate of occupancy was sought for a portion of the building consisting of 25,000 square feet of Gross Floor Area for occupancy as a retail establishment, additional development fees would be owed based on the difference between the development fees owed for the building of which 25,000 square feet of GFA is used for Commercial and 25,000 square feet of GFA is used for Office and Other Services and the development fees owed for the building of which 50,000 square feet of GFA is used for Office and Other Services.

(3) Except as otherwise provided in a development agreement approved by the Governing Body, no certificate of occupancy shall be issued until all development fees have been paid, including additional development fees resulting from adjustments made pursuant to this subsection (D).

(E) Calculations. Except in cases of special fee determinations, which are discussed in subsection (F) of this section, Development Fees shall be calculated by multiplying the adopted development fee for the applicable Category of Development for the applicable Service Area by the number of Development Units. Except as otherwise provided in Section 9-8-8, development fees shall be calculated using the development fees in effect at the time the fees are being collected. The following are examples of how Development Fees shall be calculated under various scenarios:

(1) For new buildings or structures development fees shall be calculated by multiplying the adopted development fee for the applicable Category of Development for the applicable Service Area by the number of Development Units. For example the development fees for a Commercial Development in North Goodyear consisting of 21,465 square feet of Gross Floor Area ("GFA") with one two-inch water meter would be calculated as follows:

Dev Fee

Category of Development

Development Unit

Development Fee Per Development Unit for Applicable Service Area

Number of Development Units

Fee Owed

Police

Commercial

Per 1,000 sq. ft. of GFA

$429

21.46
(21,465 ÷ 1,000)

$9,206
(21.46 X $429)

Fire

Commercial

Per 1,000 sq. ft. of GFA

$467

21.46
(21,465 ÷ 1,000)

$10,022
(21.46 X $467)

Streets

Commercial

Per 1,000 sq. ft. of GFA

$3,621

21.46
(21,465 ÷ 1,000)

$77,707
(21.46 X $3,621)

Parks

Commercial

Per 1,000 sq. ft. of GFA

$29

21.46
(21,465 ÷ 1,000)

$622
(21.46 X $29)

Water

Commercial

Meter Size – 2"

$40,257

1

$40,257
(1 X $40,257)

Wastewater

Commercial

Meter Size – 2"

$15,019

1

$15,019
(1 X $15,019)

(2) For a new building or structure in which multiple Categories of Development are to be located, development fees shall be calculated by multiplying the adopted development fees for the applicable Service Area by the number of Development Units for each Category of Development that will be located within the building or structure as set forth above and then adding the fees for all of the Categories of Development together. For example, the Streets development fee for a building located in South Goodyear that will include 30,000 square feet of Gross Floor Area ("GFA") that will be occupied by commercial businesses, 10,000 square feet of GFA that will be occupied as professional offices, and 50 dwelling units would be calculated as follows:

Dev Fee

Category of Development

Development Unit

Development Fee Per Development Unit for Applicable Service Area

Number of Development Units

Fee Owed

Streets

Commercial

Per 1,000 sq. ft. of GFA

$4,517

30
(30,000 ÷ 1,000)

$135,510
(30 X $4,517)

Streets

Office

Per 1,000 sq. ft. of GFA

$2,119

10
(10,000 ÷ 1,000)

$21,190
(10 X $2,119)

Streets

Residential 2+ Units

Per Dwelling Unit

$2,582

50

$129,100
(50 X $2,582)

TOTAL – STREET

$285,800

(3) For modifications to existing structures that increase the square footage of structure, development fees shall be calculated based on multiplying the adopted development fee for the applicable Category of Development for the applicable Service Area by the number of additional Development Units resulting from the expansion. For example if an existing commercial facility in North Goodyear is being expanded to add another 10,353 square feet of Gross Floor Area with no change in water meters, the additional development fees for the additional area would be calculated as follows:

Dev Fee

Category of Development

Development Unit

Development Fee Per Development Unit for Applicable Service Area

Number of Development Units

Fee Owed

Police

Commercial

Per 1,000 sq. ft. of GFA

$429

10.35
(10,353 ÷ 1,000)

$4,440
(10.35 X $429)

Fire

Commercial

Per 1,000 sq. ft. of GFA

$467

10.35
(10,353 ÷ 1,000)

$4,833
(10.35 X $467)

Streets

Commercial

Per 1,000 sq. ft. of GFA

$3,621

10.35
(10,353 ÷ 1,000)

$37,477
(10.35 X $3,621)

Parks

Commercial

Per 1,000 sq. ft. of GFA

$29

10.35
(10,353 ÷ 1,000)

$300
(10.35 X $29)

(4) For modifications to existing structures that result in the addition of new utility meters, utility development fees shall be calculated based on multiplying the adopted development fee for the applicable Category of Development for the applicable Service Area by the new Development Units being added. The development fee calculations shall be based on the development fees in effect at the time of the modification. For example if an existing commercial facility in South Goodyear had a one-inch water meter and because of modifications to the facilities needed to accommodate additional service demands, two new one-inch water meters were being installed, the additional water development fee would be calculated as follows:

Dev Fee

Category of Development

Development Unit

Development Fee Per Development Unit for Applicable Service Area

Number of Development Units

Fee Owed**

Water

Commercial

Meter Size – 1"

$13,097

2

$26,194
(2 X $13,097)

**If the additional water meters to be installed would result in water being discharged to the City’s wastewater system, additional wastewater development fees would also be due and calculated in a manner similar to the water meter calculation above.

(5) For modifications to existing structures that result in a change in the size of utility meters, the additional development fees owed as a result of this change shall be calculated based on multiplying the adopted development fee for the applicable Category of Development for the applicable Service Area by the current Development Unit resulting from the modification and then subtracting the development fees calculated based on multiplying the adopted development fee for the applicable Category of Development for the Applicable Service Area by the prior Development Unit. The development fee calculations shall be based on the development fees in effect at the time of the modification. For example if an existing commercial facility in North Goodyear had a one-inch water meter for which the development fee is being modified to replace the one-inch water meter with a two-inch meter, the additional water development fee would be calculated as follows:

Dev Fee

Category of Development

Development Unit

Development Fee Per Development Unit for Applicable Service Area

Number of Development Units

Fee Owed

Water

Commercial

Meter Size – 2"

$40,257

1

$40,257
(1 X $40,257)

Water

Commercial

Meter Size – 1"

$12,613

1

$12,613
(1 X $12,613)

Additional Fees**

$27,644
($40,257 – $12,613)

**If the additional water meters to be installed would result in water being discharged to the City’s wastewater system, additional wastewater development fees would also be due and calculated in a manner similar to the water meter calculation above.

(F) Special Fee Determination. In situations in which a development is of a type that does not closely fit within a particular Category of Development, or in which 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 allow or may require the Applicant to provide the Finance Director with an alternative development fee analysis. Based on a projection of the actual burdens and costs that will be associated with the development, the alternative development fee analysis may propose a unique fee for the development based on appropriate Service Units and applicable cost per Service Unit or may propose that the development be covered under the development fee schedule governing a different and more analogous Category of Development. The Finance Director shall review the alternative development fee analysis and shall make a determination as to the development fee to be charged. Such decision shall be appealable pursuant to Section 9-8-15. The Finance Director may require the Applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application, including the costs of any Qualified Professionals. (Ord. 19-1416, passed 1-14-2019)