13-1-5 Authority and Requirements.
A. Authority. The Town may assess and collect a development fee for costs of necessary public services, including all professional services required for the preparation or revision of an infrastructure improvements plan, development fee, and required reports or audits conducted pursuant to this chapter.
B. Requirements. Development fees shall be subject to the following requirements:
1. The Town shall develop and adopt a written report of the land use assumptions and infrastructure improvements plan that analyzes and defines the development fees that may be charged in each service area for each category of necessary public service.
2. Development fees shall be assessed against all new single-family residential, multifamily residential, commercial, irrigation and industrial developments; provided, that the Town may assess different amounts of development fees against specific categories of development based on the actual burdens and costs that are associated with providing necessary public services to that category of development. No development fee shall exceed the plan-based cost per service unit for any category of development.
3. No development fees shall be charged, or credits issued, for any capital facility that does not fall within one (1) of the categories of necessary public services for which development fees may be assessed as identified in Section 13-1-8(A)(1).
4. Costs for necessary public services made necessary by new development shall be based on the same level of service provided to existing development in the same service area. Development fees may not be used to provide a higher level of service to existing development or to meet stricter safety, efficiency, environmental, or other regulatory standards to the extent that these are applied to existing capital facilities that are serving existing development.
5. Development fees may not be used to pay the Town’s administrative, maintenance, or other operating costs.
6. Projected interest charges and financing costs can only be included in development fees to the extent they represent principal and/or interest on the portion of any financing or debt used to finance the construction or expansion of a capital facility identified in the infrastructure improvements plan.
7. Except for any fees included on interim fee schedules, all development fees charged by the Town must be included in a “fee schedule” prepared and adopted pursuant to this chapter.
8. All development fees shall meet the requirements of A.R.S. Section 9-463.05.
9. If the Town agrees to waive any development fees assessed on a development, the Town shall reimburse the appropriate development fee account for the amount that was waived.
10. The actual development fees to be assessed shall be disclosed and adopted in the form of development fee schedules in Section 13-1-16. ((O)14-04, 04/02/2014)