CHAPTER 3-14: DEVELOPMENT FEES

SECTIONS:

3-14-1:    DEFINITIONS:

3-14-2:    (Rep. by Ord. 4916-1454, 12-2-2014)

3-14-3:    (Rep. by Ord. 4916-1454, 12-2-2014)

3-14-4:    [RESERVED FOR FUTURE USE/PARKS]:

3-14-5:    [RESERVED FOR FUTURE USE/LIBRARY]:

3-14-6:    RESTRICTED USE OF FEES:

3-14-7:    IMPOSITION OF FEES:

3-14-8:    EXEMPTION FROM FEES:

3-14-9:    DETERMINATION OF CLASSIFICATION:

3-14-10:    [RESERVED FOR FUTURE USE/STREETS]:

3-14-11:    DEVELOPMENT FEES FOR WATER RESOURCES:

3-14-12:    DEVELOPMENT FEES FOR WATER SYSTEM IMPACTS:

3-14-13:    DEVELOPMENT FEES FOR WASTEWATER IMPACTS:

3-14-14:    NONREFUNDABLE DEVELOPMENT FEES:

3-14-15:    NONTRANSFERABILITY OF DEVELOPMENT FEES:

3-14-1 DEFINITIONS:

(A) Residential Unit: A room or group of rooms within a building containing cooking accommodations, and used or designed or intended for use or occupancy by an individual or individuals as common living quarters. An apartment, manufactured home, modular home and mobile home shall be considered a residential unit, but a hotel room or motel room is not considered a residential unit under the provisions of this chapter. (Ord. 3310, 1-24-1995, eff. 4-24-1995; Ord. 4889-1427, 6-24-2014)

3-14-2 DEVELOPMENT FEES FOR FIRE:

(Rep. by Ord. 4916-1454, 12-2-2014)

3-14-3 DEVELOPMENT FEES FOR POLICE:

(Rep. by Ord. 4916-1454, 12-2-2014)

3-14-4 [RESERVED FOR FUTURE USE/PARKS]:

(Ord. 3310, 1-24-1995, eff. 4-24-1995; Ord. 4173, 11-27-2001, eff. 3-1-2002; Ord. 4889-1427, 6-24-14)

3-14-5 [RESERVED FOR FUTURE USE/LIBRARY]:

(Ord. 3310, 1-24-1995, eff. 4-24-1995; Ord. 4173, 11-27-2001, eff. 3-1-2002; Ord. 4889-1427, 6-24-2014. Formerly 3-14-6)

3-14-6 RESTRICTED USE OF FEES:

All development fees collected in accordance with this chapter shall be placed in a separate fund and accounted for separately, and may only be used for the purposes as set forth in this chapter. Notwithstanding the foregoing, the City Council reserves the right to amend this chapter, subject to compliance with A.R.S. § 9-463.05. (Ord. 3310, 1-24-1995, eff. 4-24-1995; Ord. 4889-1427, 6-24-2014. Formerly 3-14-7)

3-14-7 IMPOSITION OF FEES:

(A) All fees imposed pursuant to this chapter shall be payable at the time of obtaining a building permit or as otherwise allowed under a valid development agreement and consistent with the provisions of A.R.S. § 9-463.05.

(B) The City Manager and applicant for a building permit may agree upon the dedication of land or other capital improvements in lieu of a fee required pursuant to this chapter; provided, that the value of such space and improvements, as determined by the City Manager, is substantially equal to or greater than the amount of fee required by this chapter; and in the event the dedications referred to above do not substantially equal in value the amount of fees required by this chapter, as determined by the City Manager, the City Manager may accept such dedications in partial payment of such fees and collect the remainder thereof in cash. In the event that an off-set or agreement is reached pursuant to this section, the City shall reimburse the development fee fund in an amount equal to the development fee, consistent with A.R.S. § 9-463.05. (Ord. 3310, 1-24-1995, eff. 4-24-1995; Ord. 4665, 10-28-2008, eff. 7-11-2009; Ord. 4889-1427, 6-24-2014. Formerly 3-14-8)

3-14-8 EXEMPTION FROM FEES:

The following shall be exempted from the payment of any fees imposed by this chapter:

(A) Alterations or expansions of existing residential structures where no additional residential units are created and where no additional demand for services is created by the alteration or expansion.

(B) The residential construction of any accessory buildings or structures; provided, that no additional residential units are created and where no additional demand for services is created by the accessory building or structures.

(C) The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use and where no additional demand for services is created by the new building or structure. (Ord. 3310, 1-24-1995, eff. 4-24-1995; Ord. 4889-1427, 6-24-2014. Formerly 3-14-9)

3-14-9 DETERMINATION OF CLASSIFICATION:

(A) In the event that it is unclear as to whether a proposed use of a structure is residential as defined in Section 3-14-1, then and in that event the City Manager is hereby empowered to designate the status of that structure or use; provided, however, that all future identical uses shall be accorded the same designation. Any such designation shall be deemed conclusive and final.

(B) The City Manager is authorized to determine the business classification (retail, industrial, office, and/or hotel/motel) for application of nonresidential development fees. (Ord. 3310, 1-24-1995, eff. 4-24-1995; Ord. 4889-1427, 6-24-2014. Formerly 3-14-10)

3-14-10 [RESERVED FOR FUTURE USE/STREETS]:

(Ord. 4173, 11-27-2001, eff. 3-1-2002; Ord. 4889-1427, 6-24-2014. Formerly 3-14-11)

3-14-11 DEVELOPMENT FEES FOR WATER RESOURCES:

(A) All new construction to be connected to the City’s water system, within or outside the City limits, shall be assessed the following development fee for water resources:

METER SIZE

FEE

5/8-inch

$1,481.06

3/4-inch

$2,221.59

1-inch

$2,468.43

1.5-inch

$4,936.87

2-inch

$7,898.99

3-inch

$14,810.60

4-inch

$24,684.33

6-inch

$49,368.67

8-inch

$78,989.87

(B) In the event that a one (1) inch meter is required solely as a result of a residential unit being equipped with an automatic fire sprinkler system, the development fee to be assessed pursuant to this section shall be based on a five-eighths (5/8) inch meter size; provided, however, that this subsection shall not apply to residences five thousand (5,000) square feet or more in size.

(C) In the event that an upsizing of meter size is required as a result of remodeling, renovation or expansion of a structure, the development fee to be assessed pursuant to this section shall be the difference between the current development fee for the upsized meter versus the current development fee for the existing meter.

(D) The development fees to be assessed pursuant to this section shall be offset by any water resource development fees paid by an applicant pursuant to Section 2-1-12(F).

(E) Fees collected pursuant to this section may only be used for the acquisition of additional water resources, as identified in the City’s most recent infrastructure improvement plan ("IIP") and authorized pursuant to A.R.S. § 9-463.05. (Ord. 4390, 4-13-04; Ord. 4523, 2-7-06, eff. 5-08-06; Ord. 4665, 10-28-2008, eff. 7-11-2009; Ord. 4665 suspended by Ord. 4721-1018, eff. 03-23-2010; Ord. 4889-1427, 6-24-2014; Ord. 4935-1473, 7-14-2015. Formerly 3-14-13)

3-14-12 DEVELOPMENT FEES FOR WATER SYSTEM IMPACTS:

(A) All new construction to be connected to the City’s water system, within or outside the City limits, shall be assessed the following development fee for water system impacts:

WATER SERVICE AREA

5/8-INCH METER FEE

A

$826.92

B

$2,263.08

C

$2,389.04

D

$2,332.22

E

$4,089.67

F

$2,734.40

G

$3,595.11

H

$3,461.44

I

$3,233.13

J

$4,072.13

(B) Water system development fees will be increased for three-quarter (3/4) inch and larger meter sizes based on the following table:

METER SIZE

CAPACITY RATIO

5/8-inch

1.000

3/4-inch

1.500

1-inch

1.667

1.5-inch

3.333

2-inch

5.333

3-inch

10.000

4-inch

16.667

6-inch

33.333

8-inch

53.333

(C) In the event that a one (1) inch meter is required solely as a result of a residential unit being equipped with an automatic fire sprinkler system, the development fee to be assessed pursuant to this section shall be based on a five-eighths (5/8) inch meter size; provided, however, that this subsection shall not apply to residences five thousand (5,000) square feet or more in size.

(D) In the event that an upsizing of meter size is required as a result of remodeling, renovation or expansion of a structure, the development fee to be assessed pursuant to this section shall be the difference between the current development fee for the upsized meter versus the current development fee for the existing meter.

(E) The development fees to be assessed pursuant to this section shall be offset by any water system impact fees paid by an applicant pursuant to Section 2-1-12(I).

(F) Fees collected pursuant to this section may only be used for purposes related to the City’s water production, treatment, transmission and distribution system, as identified in the City’s most recent infrastructure improvement plan ("IIP") and authorized pursuant to A.R.S. § 9-463.05, as amended. (Ord. 4523, 2-7-06, eff. 5-08-06; Ord. 4665, 10-28-2008, eff. 7-11-2009; Ord. 4665 suspended by Ord. 4721-1018, eff. 03-23-2010; Ord. 4889-1427, 6-24-2014. Formerly 3-14-14)

3-14-13 DEVELOPMENT FEES FOR WASTEWATER IMPACTS:

(A) All new construction to be connected to the City’s wastewater system, within or outside the City limits, shall be assessed the following development fee for wastewater system impacts:

WASTEWATER SERVICE AREA

5/8-INCH METER FEE

A

$192.75

B

$3,324.51

C

$2,156.40

D

$2,055.41

E

$3,324.51

F

$3,407.20

G

$3,562.13

H

$3,361.17

I

$1,988.71

(B) Wastewater system development fees will be increased for three-quarter (3/4) inch and larger meter sizes based on the following table:

METER SIZE

CAPACITY RATIO

5/8-inch

1.000

3/4-inch

1.500

1-inch

1.667

1.5-inch

3.333

2-inch

5.333

3-inch

10.000

4-inch

16.667

6-inch

33.333

8-inch

53.333

(C) In the event that a one (1) inch meter is required solely as a result of a residential unit being equipped with an automatic fire sprinkler system, the development fee to be assessed pursuant to this section shall be based on a five-eighths (5/8) inch meter size; provided, however, that this subsection shall not apply to residences five thousand (5,000) square feet or more in size.

(D) In the event that an upsizing of meter size is required as a result of remodeling, renovation or expansion of a structure, the development fee to be assessed pursuant to this section shall be the difference between the current development fee for the upsized meter versus the current development fee for the existing meter.

(E) Fees collected pursuant to this section may only be used for purposes related to the City’s wastewater treatment and collections system, as identified in the City’s most recent infrastructure improvement plan ("IIP") and authorized pursuant to A.R.S. § 9-463.05. (Ord. 4889-1427, 6-24-2014)

3-14-14 NONREFUNDABLE DEVELOPMENT FEES:

(A) There will no monetary or equitable payout by the City in the event that the differential between the current development fee and past development fee paid for by an applicant yields a credit.

(B) The payment of development fees is nonrefundable. (Ord. 4889-1427, 6-24-2014)

3-14-15 NONTRANSFERABILITY OF DEVELOPMENT FEES:

(A) All development fees paid pursuant to the Prescott City Code shall apply to the real property upon which the structure is located.

(B) Development fees are not transferable between properties.

(C) Development fees shall apply to a single property and may not be transferred between properties. (Ord. 4889-1427, 6-24-2014)