HomeMy WebLinkAboutOrd 2006-02 ORDINANCE NO. 06-02
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS
TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS,
ARTICLE 7-10, DEVELOPMENT FEES, AND ADOPTING NEW
DEVELOPMENT FEES FOR GENERAL GOVERNMENT, LAW
ENFORCEMENT, OPEN SPACE, PARKS AND RECREATION, STREETS,
FIRE AND EMERGENCY, AND LIBRARY AND MUSEUM SERVICES, FOR
THE TOWN OF FOUNTAIN HILLS, ARIZONA.
WHEREAS, the Town received from Red Oak Consulting a written report dated
September, 2005, entitled "Town of Fountain Hills Development Fee Study, Final Report" and
two written addenda to the report dated December 30, 2005, entitled "Town of Fountain Hills
Development Fee Study, Final Report Addendum With State Trust Land" and "Town of
Fountain Hills Development Fee Study, Final Report Addendum Without State Trust Land"
(collectively the "Development Fee Study") containing the studies and analysis required by
ARIz. REV. STAT. § 9-463.05, as amended, for the adoption of new development fees for general
government, law enforcement, open space, parks and recreation, streets, fire and emergency, and
library and museum services, which Development Fee Study has been released to the public; and
WHEREAS, a notice of intention to assess new development fees was given as required
by ARIz. REv. STAT. § 9-463.05(C); and
WHEREAS, a public hearing concerning the adoption of the new impact fees was held
in accordance with ARIz. REV. STAT. § 9-463.05(C) on December 13, 2005; and
WHEREAS, the Mayor and Council find that the Development Fee Study fully supports
the conclusion that the new development fees for general government, law enforcement, open
space, parks and recreation, streets, fire and emergency, and library and museum services, fully
and fairly offset costs to the Town associated with providing these necessary public services to
new development in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Fountain Hills Town Code, Chapter 7, Buildings and Building
Regulations, Article 7-10, Development Fees, Section 7-10-2, is hereby amended as follows:
Section 7-10-2 Definitions
The words or phrases used herein shall have the meaning prescribed in the current Fountain Hills
Town Code except as otherwise indicated herein:
A. Applicant— any person who files an application with the Town for a building permit.
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B. Appropriation or to appropriate — an action by the Town to identify specific public
Lir facilities for which development fee funds may be utilized. Appropriation shall include,
but shall not necessarily be limited to: inclusion of a public facility in the adopted Town
budget or capital improvements program; execution of a contract or other legal
encumbrance for construction of a public facility using development fee funds in whole
or in part; and/or actual expenditure of development fee funds through payments made
from a development fee account.
C. Commercial or industrial use — means any use or establishment not defined as a dwelling
unit.
D. Connection — means the physical tie-in of a developer' s water, effluent or sewer service
to a water, effluent or sewer main.
E. Director — the Director of Community Development THE TOWN MANAGER OR
AUTHORIZED DESIGNEE.
F. Developer — means the individual, firm, corporation, partnership, association,
syndication, trust or other legal entity that is responsible for creating a demand for Town
facilities and services.
G. Development Fee — a fee adopted pursuant to Arizona Revised Statutes § 9-463.05 which
is imposed on new development on a pro rata basis in connection with and as a condition
of the issuance of a building permit and which is calculated to defray all or a portion of
the costs of the public facilities required to accommodate new development at Town-
designated level of service (LOS) standards and which reasonably benefits new
development.
H. Development Fee Adoption and Imposition — this Ordinance establishes procedures and
requirements for all development fees which may be adopted by the Town; provided,
however, that in order to impose a development fee for a particular public facility, the
Town shall prepare a written report, notice, schedule and hold a public hearing; and
otherwise comply with all applicable requirements of Arizona Revised Statutes § 9-
463.05 and this Ordinance.
Development Fee Calculation Methodology Report — that report entitled " Town of
Fountain Hills, Arizona Development Fee Study Final Report" dated September 26, 2000
that was prepared by Rick Giardina & Associates in association with BBC Research and
Consulting "TOWN OF FOUNTAIN HILLS DEVELOPMENT FEE STUDY, FINAL
REPORT" DATED SEPTEMBER, 2005, AND TWO WRITTEN ADDENDA DATED
DECEMBER 30, 2005, ENTITLED "TOWN OF FOUNTAIN HILLS DEVELOPMENT
FEE STUDY, FINAL REPORT ADDENDUM WITH STATE TRUST LAND" AND
"TOWN OF FOUNTAIN HILLS DEVELOPMENT FEE STUDY, FINAL REPORT
ADDENDUM WITHOUT STATE TRUST LAND", THAT WERE ALL PREPARED
BY RED OAK CONSULTING.
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J. Development Fee District Maps —the map(s) defining the geographical extent of
development fee districts, if any, for each adopted development fee, as may be necessary.
K. District or Development Fee District — a defined geographical area or sub-area of the
Town and/or its planning area within which particular public facilities are provided and
in which development fees will be collected, appropriated, and expended for public
facilities serving new development within such area or sub-area.
L. Dwelling Unit — means a room or group of rooms within a building containing cooking
accommodations and designed to be used for living purposes. Each apartment unit,
mobile home, mobile home space, travel trailer or travel trailer space shall be considered
a dwelling unit. Dwelling unit shall not include those units designed primarily for
transient occupant purposes, nor shall they include rooms in hospitals or nursing homes.
1. Single-Family Detached Dwelling Unit — means a dwelling unit designed and
used by only one family and which unit is physically separated from any other
dwelling unit.
2. All Other Dwelling Units —means a dwelling unit typically designed and used for
only a single family, but which is either attached to another dwelling unit, such as
an apartment, duplex, townhouse or single-family attached dwelling unit such as a
guest house, or which is a mobile home or travel trailer.
M. FIRE AND EMERGENCY DEVELOPMENT FEE — A FEE IMPOSED ON ALL NEW
,,. RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT TO FUND THE
PROPORTIONATE SHARE OF THE COSTS OF: FIRE AND EMERGENCY
BUILDINGS AND FACILITIES, COMMUNICATION SYSTEMS AND VEHICLES
AND MAJOR CAPITAL EQUIPMENT.
MN. General Government Development Fee — a fee imposed on all new residential and non-
residential development to fund the proportionate share of the costs of: municipal office
space and Town owned and operated vehicles and major capital equipment.
NO. Governing Body — the Mayor and Common Council of the Town of Fountain Hills,
Arizona.
P. LAW ENFORCEMENT DEVELOPMENT FEE — A FEE IMPOSED ON ALL NEW
RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT TO FUND THE
PROPORTIONATE SHARE OF THE COSTS OF: LAW ENFORCEMENT
BUILDINGS AND FACILITIES, COMMUNICATION SYSTEMS AND VEHICLES
AND MAJOR CAPITAL EQUIPMENT.
Q. LIBRARY AND MUSEUM DEVELOPMENT FEE — A FEE IMPOSED ONLY ON
NEW RESIDENTIAL DEVELOPMENT TO FUND THE PROPORTIONATE SHARE
OF THE COSTS OF: PUBLIC LIBRARY AND MUSEUM BUILDINGS AND
FACILITIES AND MAJOR CAPITAL EQUIPMENT.
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OR. Multiple Uses — a new development consisting of both residential and non-residential
uses, or one (1) or more different types of non-residential use, on the same site or part of
the same new development.
PS. Municipal Planning Area— an area outside of the present Fountain Hills Town limits, but
in which the Town may provide public facilities and services.
QT. New Development— any new construction, reconstruction, redevelopment, rehabilitation,
structural alteration, structural enlargement, structural extension, or new use which
requires a building permit; any change in use of an existing non-residential building,
structure or lot requiring any form of Town building permit or approval, and which
increases the demand for one (1) or more public facilities or services as herein defined;
or, any change in use of an existing residential or non-residential building or structure or
change in the use of land, which requires an increase in water meter size or installation of
a larger water meter, except as otherwise provided in Section 3.E hereof.
RU. Open Space Development Fee — a fee imposed only on new residential development to
fund the proportionate share of the costs of: open space, including but not necessarily
limited to, open space lands, hillside slope preservation, development rights, desert
mountain preserves, trails, trailheads, and vehicular access rights of way.
SV. Parks and Recreation Development Fee — a fee imposed only on new residential
development to fund the proportionate share of the costs of: community parks, including
but not limited to, development rights and/or construction easements and recreation
facilities and improvements (but expressly excluding private neighborhood parks).
TW. Public Facility or Service — public improvements, facilities or services necessitated by
new development, including, but not limited to, police/Town Marshal LAW
ENFORCEMENT facilities, streets, parks and recreation, open space, libraries, general
government, public works, community facilities, municipal facilities, flood control and
drainage, utilities and educational facilities.
T X. Public Facility Expenditures — include amounts appropriated in connection with the
planning, design, engineering and construction of public facilities; planning, legal,
appraisal and other costs related to the acquisition of land, financing and development
costs; the costs of compliance with purchasing procedures and applicable administrative
and legal requirements; and all other costs necessarily incident to provision of the public
safety.
NLY. Street Development Fee — a fee imposed on all new residential and non-residential
development to fund the proportionate share of the costs of: transportation improvements
and the widening of existing roads designed to solve congestion-related problems that are
anticipated from increased traffic demands resulting from new development, and
including improvements to principal and minor arterials and/or collectors needed for
access and traffic mobility, but excluding project-specific traffic and transportation
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improvements such as turn lanes, individual traffic signals for the benefit of a specific
development project and the like.
W. Town Marshal Development Fee a fee imposed on all new residential and non
residential development to fund the proportionate share of the costs of: Town Marshal
buildings and facilities, communication systems and vehicles and major capital
equipment.
SECTION 2. That, except as set forth in Section 3 below, the Fountain Hills Town Code,
Chapter 7, Buildings and Building Regulations, Article 7-10, Development Fees, Section 7-10-8,
Town Marshal Development Fee, Section 7-10-9, Street Development Fee, Section 7-10-10,
Parks and Recreation Development Fee, Section 7-10-11, Open Space Development Fee and
Section 7-10-12, General Government Development Fee, are hereby deleted in their entirety and
replaced with a new Section 7-10-8, Fees, to read as follows:
Section 7-10-8 Fees
All new residential and non-residential development in the Town shall be subject to payment of
the following development fees:
Town Service Unit Fee
General Government
Residential (1) dwelling $1,000
Car Non-Residential (2) s.f. $0.30
Law Enforcement
Residential (1) dwelling $594
Non-Residential (2) s.f. $0.02
Open Space
Residential (1) dwelling $856
Parks and Recreation
Residential (1) dwelling $1,345
Streets
Single Family Residential dwelling $988
Multi-Family Residential dwelling $586
Commercial s.f. $0.19
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Industrial s.f. $0.19
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Fire & Emergency
Residential (1) dwelling $139
Non-Residential (2) s.f.
Library and Museum
Residential (1) dwelling $163
(1) Residential includes single and multi-family dwelling units.
(2) Non-Residential includes commercial and industrial square footage.
SECTION 3. That, if prior to July 1, 2006, the Town annexes into its corporate limits
that certain 1,320 acres of real property located immediately north of the current northern
boundary of the Town, presently owned by the State of Arizona and commonly referred to as the
"State Trust Land", the Fountain Hills Town Code, Chapter 7, Buildings and Building
Regulations, Article 7-10, Development Fees, Section 7-10-8, Town Marshal Development Fee,
Section 7-10-9, Street Development Fee, Section 7-10-10, Parks and Recreation Development
Fee, Section 7-10-11, Open Space Development Fee and Section 7-10-12, General Government
Development Fee, are hereby deleted in their entirety and replaced with a new Section 7-10-8,
Fees, to read as follows:
Section 7-10-8 Fees
All new residential and non-residential development in the Town shall be subject to payment of
the following development fees:
Town Service Unit Fee
General Government
Residential (1) dwelling $928
Non-Residential (2) s.f. $0.30
Law Enforcement
Residential (1) dwelling $441
Non-Residential (2) s.f. $0.02
Open Space
Residential (1) dwelling $810
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Parks and Recreation
Residential (1) dwelling $1,382
Streets
Single Family Residential dwelling $1,291
Multi-Family Residential dwelling $765
Commercial s.f. $0.19
Industrial s.f. $0.19
Fire & Emergency
Residential (1) dwelling $139
Non-Residential (2) s.f.
Library and Museum
Residential (1) dwelling $163
(„„ (1) Residential includes single and multi-family dwelling units.
(2) Non-Residential includes commercial and industrial square footage.
SECTION 4: That the Fountain Hills Town Code, Chapter 7, Buildings and Building
Regulations, Article 7-10, Development Fees, Section 7-10-13, Permits Issuance, is hereby
renumbered 7-10-9.
SECTION 5: That the new development fees for general government, law enforcement,
open space, parks and recreation, streets, fire and emergency, and library and museum services,
adopted pursuant to this Ordinance, shall become effective ninety (90) days after the date of
adoption of this Ordinance, in accordance with ARzz. REV. STAT. § 9-463.05(C).
SECTION 6. That if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, January 5, 2006.
FOR THE TOWN O/OUNTAIN HILL : ATTESTED TO:
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W. J. Nichols, ayor Bevelyn J. , Town Clerk
REVIEWED-BY: - APPROVED AS TO FORM:
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Timothy G. Pickering, Town nager Andrew J. McGuire, Town Attorney
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