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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. �rr.•- 622338.5 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. 622338.5 2 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. 622338.5 3 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 622338.5 4 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 L 622338.5 5 Industrial s.f. $0.19 L 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 622338.5 6 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. [SIGNATURES ON FOLLOWING PAGE] L 622338.5 7 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: / 7 V ,__..-/- 7 1/41QC/de '') W. J. Nichols, ayor Bevelyn J. , Town Clerk REVIEWED-BY: - APPROVED AS TO FORM: 'i;T/i " /1 1 ( i k- LAlv v Timothy G. Pickering, Town nager Andrew J. McGuire, Town Attorney Lir 622338.5 8