HomeMy WebLinkAboutOrd 2009-09ORDINANCE No. 09 -09
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN I -IILLS
TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS,
ARTICLE 7 -10, DEVELOPMENT FEES, RELATING TO ADJUSTMENTS TO
DEVELOPMENT FEES FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA.
WHEREAS, the Town received from Red Oak Consulting two written reports dated
April 2009, entitled "Infrastructure Improvement flan" and "Development Fee Update" and
(collectively the "2009 Development Fee Study ") containing the studies and analysis required by
ARIZ. REV. STA "r. § 9- 463.05, as amended, relating to adjustments to the Town's existing
development fees, which 2009 Development Fee Study has been released to the public; and
WHEREAS, notice of intention to assess modified development fees was given on April
28, 2009, as required by AR[Z. REV. STAT. § 9- 463.05(C); and
WHEREAS, the 2009 Development Fee Study recommended increases for all fee
categories except for Law Enforcement and Open Space, which were recommended for
decreases; and
WHEREAS, a public hearing concerning the modified development fees was held on
July 2, 2009, in accordance with ARIz. REV. STAT. § 9- 463.05(C); and
WHEREAS, subsequent to the public hearing, the Arizona Legislature adopted House
Bill 2008, Laws 2009, Chapter 7, Forty -Ninth Legislature, Third Special Session, Section 41 of
which related to a moratorium on new or increased development fees (the "Moratorium "); and
WHEREAS, to comply with the Moratorium, the Town Council desires to impose a
delay in implementation of the fee increases until expiration or elimination of the Moratorium,
while at the same time immediately implementing (subject to statutory time frames) the
decreases in fees recommended by the 2009 Development Fee Study.
NOW, THFRE'FORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
TI4E TOWN OF FOUNTAIN HILLS as follows;
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. The Fountain Hills Town Code, Chapter 7, Buildings and Building
Regulations, Article 7 -10, Development Fees, Section 7 -10 -8, Fees, is hereby deleted in its
entirety and replaced with the following:
Section 7 -10 -8 Fees
A. All new residential (single family and multifamily) and non - residential development in
the Town shall be subject to payment of the development fees in amounts as periodically
adopted and adjusted by the Town Council pursuant to Attu. REv. STAT, § 9- 463.05, as
amended.
1003872.4
B. Pursuant to ARiz. REV. STAT. § 9- 463.05(F), as amended, the development fees adopted
by the Town Council according to this section will automatically adjust for inflation
using the Engineering News Record - 20 City Construction Cost Index (ENR -CCI) on the
first day of each Fiscal Year following adoption. The Town shall provide public notice of
such annual adjustments at least thirty (30) days in advance of their effective dates.
C. The amounts of the development fees adopted or adjusted as set forth above shall be set
forth in a fee schedule adopted by the Town Council by ordinance, resolution or as part
of the Town's annual budget.
SECTION 3. The following modified development fees are hereby adopted:
Fee Area
Unit
Fee
General Government
Residential
dwelling
$1,549
Non - Residential
s.f.
$0.966
Law Enforcement
Residential
dwelling
$112
Non - Residential
s.f.
$0.070
Open Space
Residential
dwelling
$430
Parks & Recreation
Residential
dwelling
$2,289
Streets
SF- Residential
dwelling
$5,614
MF- Residential
dwelling
$3,942
Commercial
s.f.
$3.835
Hotel
s.f.
$2.258
Industrial
s.f.
$1.235
Office
s.f.
$2.835
Fire & Emer enc
Residential
dwelling
$207
Non - Residential
s.f.
$0.129
Library & Museum
Residential
dwelling
$258
Residential includes single and multi- family dwelling units.
(2 Non-Residential includes commercial and industrial square footage
1064872.4
2
SECTION 4. The fees adopted pursuant to this Ordinance shall not become effective
until 75 days after the adoption of this Ordinance, subject to the further limitations set forth in
Section 5 below.
SECTION 5. The fees for Law Enforcement and Open Space shall be collectcd in the
aanounts set forth in this Ordinance beginning upon the first day such fees are effective. The fees
for General Government, Parks and Recreation, Streets, Fire and Emergency and Library and
Museum shall be collected in the amounts existing; prior to adoption of this Ordinance until the
earlier to occur of (i) expiration or elimination of the Moratorium or (ii) July 1, 2011.
SECTION f. The fee schedule adopted by the Town Council as part of its 2009 -2010
Fiscal Year budget is hereby amended to include the adjusted development fees for Law
Enforcement and Open Space adopted pursuant to this Ordinance, subject to the delayed
effective date set forth above. The Fee Schedule adopted by the Town Council as part of its
2010-2011 Fiscal Year budget shall include all of the adjusted development fees adopted by this
Ordinance.
SECTION 7. 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.
PASSED AND ADOPTED by the Mayor and Council of the Town of mountain Hills,
Arizona, December 3, 2009.
FOR THE TOWN OF FOUNTAIN HILLS:
J Schlum, Mayor
REVIEWED BY:
Richard L. Davis, Town Manager
10648714
AT'T'ESTED TO:
/f
6022 A/
APPROVED AS TO FORM:
OJA ,
An rew J. McGuire, Town Attorney