§ 28-125. Legislative intent and purpose.  


Latest version.
  • This article is adopted for the purpose of promoting the health, safety and general welfare of the residents of the city by:

    (a)

    Requiring new development to pay its proportionate share of the costs incurred by the city that are associated with providing necessary public services to new development.

    (b)

    Setting forth standards and procedures for creating and assessing development impact fees consistent with the requirements of Arizona Revised Statutes ("A.R.S.") § 9-463.05, including requirements under A.R.S. § 9-463.05(K) that, on or before August 1, 2014, the city replace its development impact fees adopted before January 1, 2012 with development impact fees adopted under A.R.S. § 9-463.05 as amended by the state legislature in SB 1525, Fiftieth Legislature, First Regular Session.

    (c)

    Providing for the temporary continuation of certain development impact fees adopted before January 1, 2012 until otherwise replaced under this article, or longer where such development impact fees were pledged to support financing or debt for a grandfathered facility as permitted by A.R.S. § 9-463.05(K)(R)(S).

    (d)

    Setting forth procedures for administering the development impact fee program, including mandatory offsets, credits, and refunds of development impact fees. All development impact fee assessments, offsets, credits, or refunds must be administered in accordance with the provisions of this article.

    (e)

    Having no impact upon the city's zoning authority or its authority to adopt or amend its general plan, provided that city planning and zoning activities may require amendments to development impact fees as provided in section 28-130 of this article.

    (f)

    Not allowing the payment of development impact fees to entitle the applicant to a building permit unless all other applicable land use, zoning, planning, platting, subdivision or other related requirements, standards and conditions have been met. Such other requirements, standards and conditions are independent of the requirement for payment of a development impact fee.

    Neither this article nor the specific development fee schedules for particular capital facilities shall affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards or other applicable standards or requirements of the city land development regulations, which shall be operative and remain in full force and effect without limitation.

(Ord. No. 2891, § 2, 5-13-14)