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HomeMy WebLinkAboutOrd 2008-13 ORDINANCE NO. 08-13 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, FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA. WHEREAS, the Town received from Red Oak Consulting three written reports dated February, 2008, entitled "Infrastructure Improvement Plan" and "Development Fee Study" and "Proposed Indexed Development Fees" (collectively the "2008 Development Fee Study") containing the studies and analysis required by ARIZ. REV. STAT. § 9-463.05, as amended, for the identification of an index to be used for automatic adjustment of the development fees for inflation, which 2008 Development Fee Study has been released to the public; and WHEREAS, notice of intention to identify an index to be used for automatic adjustment of the development fees for inflation was given as required by ARIZ. REv. STAT. § 9-463.05(C); and WHEREAS, a public hearing concerning the identification of an index to be used for automatic adjustment of the development fees for inflation was held in accordance with ARIZ. REV. STAT. § 9-463.05(C) on April 15, 2008. 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 7-10-5, is hereby amended as follows: Section 7-10-5 Establishment of Development Fee Accounts; Appropriation of Development Funds; and Refunds B. Appropriation of Development Fee Funds. 1. In General. Development fee funds may be appropriated for public facilities, for public facility expenditures as defined in Section 2.SX, hereof and for the payment of principal, interest and other financing costs on contracts, bonds, notes or other obligations issued by or on behalf of the Town or other applicable local governmental entities to finance such public facilities and public facility expenditures. All appropriations from development fee accounts shall be detailed on a form provided for such purposes and filed with the Town Accountant. 2. Restrictions on Appropriations. Development fees shall be appropriated only (a) for the particular public facility for which they were imposed, calculated and collected; AND (b) within the development fee district where collected unless the development fee funds 862770.1 will be appropriated for a public facility necessitated by or serving the new development as provided herein; and within (c) within six (6) years of the beginning of the Fiscal Year immediately succeeding the date of collection, unless such time period is extended provided herein. Development fees shall not be appropriated for funding maintenance or repair of public facilities nor for operational or personnel expenses associated with the provision of the public facility. 3. Appropriation of Development Fee Funds Outside of District Where Collected. Development fee funds may be appropriated for a public facility located outside of the district where collected only if the demand for the public facility is generated in whole or in part by the new development or if the public facility will actually serve the new development. 4. Appropriation of Development Fee Funds Beyond Six (6) Years of Collection. Notwithstanding Section 5.B.2., development fec funds may appropriated beyond six (6) years from the beginning of the Fiscal Year immediately succeeding the date of collection if and construct, and the demand for the public facility is generated in whole or in part by the new development, or if the public facility will actually serve the new development. Such appropriations shall be documented by the Town. D. Refunds. 1. Eligibility for Refund. a. Expiration or Revocation of Building Permit. An applicant who has paid a development fee for a new development for which the necessary building permit has expired or for which the building permit has been revoked prior to construction shall be eligible to apply for a refund of development fees paid on a form provided by the Town for such purposes. b. Failure of Town to Appropriate Development Fee Funds Within Time Limit. The current property owner may ap applicant if the Town has failed to appropriate the development fees collected from the applicant within the time limit established in Sections 5.B.2. and 5.B.4. The refund application shall be made on a form provided by the Town for such purposes. e b. Abandonment of Development After Initiation of Construction. An applicant who has paid a development fee for a new development for which a building permit has been issued and pursuant to which construction has been initiated, but which construction is abandoned prior to completion and issuance of a certificate of occupancy, shall not be eligible for a refund unless the uncompleted building is completely demolished. d. A 5% administrative fee, but not to exceed $200.00, shall be deducted from the amount of any refund granted and shall be retained by the Town in the 862770.1 2 tikr processing of a refund application. 2.c. Except as provided in Sections 5.D.I.a. and c. and Section 5.D.65. hereof, refunds shall be made only to the current owner of property on which the new development was proposed or occurred. 2. A 5% ADMINISTRATIVE FEE, BUT NOT TO EXCEED $200.00, SHALL BE DEDUCTED FROM THE AMOUNT OF ANY REFUND GRANTED AND SHALL BE RETAINED BY THE TOWN IN THE APPROPRIATE DEVELOPMENT FEE ACCOUNT TO DEFRAY THE ADMINISTRATIVE EXPENSES ASSOCIATED WITH THE PROCESSING OF A REFUND APPLICATION. 3. Processing of Applications for a Refund. Applications for a refund shall be made on a form provided by the Town for such purposes and shall include all information required in Sections 5.D.64. or Section 5.D.6. hereof, as appropriate. Upon receipt of a complete application for a refund, the Town shall review the application and documentary evidence submitted by the applicant as well as such other information and evidence as may be deemed relevant, and make a determination as to whether a refund is due. Refunds by direct payment shall be made following an affirmative determination by the Town. 4. Applications for refunds due to abandonment of a new development prior to completion shall be made on forms provided by the Town and shall be made within sixty (60) days following expiration or revocation of the building permit. The applicant shall submit (a) evidence that the applicant is the property owner or the duly designated agent of the property owner, (b) the amount of the development fees paid by public facilities category and receipts evidencing such payments, and (c) documentation evidencing the expiration or revocation of the building permit or approval of demolition of the structure pursuant to a valid Town-issued demolition permit. Failure to apply for a refund within sixty (60) days following expiration or revocation of the building permit or demolition of the structure shall constitute a waiver of entitlement to a refund. No interest shall be paid by the Town in calculating the amount of the refund(s). 5. Applications for refunds due to the failure of the Town to appropriate development fees collected from the applicant within the time limits established in Section 5.B.2. hereof shall be made on forms provided by the Town and shall be made within one (1) year fellswifig-4he-expiratien--ef-sue-h-4ime4imiThe-apialieant-shall-submit-(a)-evidenee-that-the e amount of the development fees paid by public facility category and-ro pts e "den"ing u"h ru uuvii payments, and (c) description and documentation of the Town's failure to appropriate development fee funds for relevant public facilities. 65. The Town may, at its option, make refunds of development fees by direct payment, by offsetting such refunds against other development fees due for the same category of public facilities for new development on the same property, or by other means subject to agreement with the property owner. 862770.1 3 SECTION 2. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-10, Development Fees, Section 7-10-8, is hereby amended by adding a new provision to the end of the Section as follows: Section 7-10-8 Fees AUTOMATIC ADJUSTMENT THE DEVELOPMENT FEES IN THIS SECTION WILL AUTOMATICALLY ADJUST FOR INFLATION USING THE ENGINEERING NEWS RECORD — 20 CITY CONSTRUCTION COST INDEX (ENR-CCI) ON THE FIRST DAY OF THE FISCAL YEAR. THE TOWN SHALL PROVIDE PUBLIC NOTICE OF THOSE ADJUSTMENTS AT LEAST THIRTY DAYS IN ADVANCE OF THEIR EFFECTIVE DATE, PURSUANT TO 9- 500.46.05(F), AS AMENDED. SECTION 3. 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. r PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, May 15, 2008. FOR THE TOW C OF FOUNTAIN HILLS: ATTESTED TO: /NIL / W. J. Nichols, ayor Bevelyn J. B de own Clerk REVIEWED BY: APP VED AS TO FORM: i Kathleen M. Zanon, Interim Town Manager Andrew J. McGuire, own Attorney L 862770.1 4