14.05.090 Collection of development impact fees.
A. Collection. Development impact fees, together with administrative charges assessed pursuant to subsection (A)(5) of this section, shall be calculated and collected prior to issuance of permission to commence development; specifically:
1. Unless otherwise specified pursuant to a development agreement adopted pursuant to SCC 14.05.110, development impact fees shall be paid prior to issuance of a building permit according to the current development impact fee schedule. In addition, the city manager is authorized to enter into a short-term financing agreement with a developer wherein impact fees may be paid over time, but must be paid in full before issuance of a certificate of occupancy.
2. If the development is located in a service area with a storm drainage development impact fee, a building permit is not required; the storm drainage development impact fee due shall be paid at the time a civil or site permit is issued for the development.
3. No building permit, sewer connection, or certificate of occupancy shall be issued if a development impact fee is not paid as directed in the previous subsections.
4. If the building permit is for a change in the type of building use, an increase in square footage, a change to land use, or an addition to a residential or nonresidential point of demand to the wastewater system, the development impact fee shall be assessed on the additional service units resulting from the expansion or change, and following the development impact fee schedule applicable to any new use type.
5. For issued permits that expire or are voided, development impact fees and administrative charges shall be as follows:
a. If the original permittee is seeking to renew an expired or voided permit, and the development impact fees paid for such development have not been refunded, then the permittee shall pay the difference between any development impact fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed.
b. If a new or renewed permit for the same development is being sought by someone other than the original permittee, the new permit applicant shall pay the full development impact fees specified in the fee schedule in effect at the time that the permits are reissued or renewed. If the original permittee has assigned its rights under the permits to the new permit applicant, the new permit applicant shall pay development impact fees as if it were the original permittee.
B. Exceptions. Development impact fees shall not be owed under either of the following conditions:
1. Development impact fees have been paid for the development and the permit(s) which triggered the collection of the development impact fees have not expired or been voided.
2. The approval(s) that trigger the collection of development impact fees involve modifications to existing residential or nonresidential development that do not: (a) add new service units, (b) increase the impact of existing service units on existing or future capital facilities, or (c) change the land-use type of the existing development to a different category of development for which a higher development impact fee would have been due. To the extent that any modification does not meet the requirements of this subsection, the development impact fee due shall be the difference between the development impact fee that was or would have been due on the existing development and the development impact fee that is due on the development as modified.
C. Temporary Exemptions from Development Impact Fee Schedules. New developments in the city shall be temporarily exempt from increases in development impact fees that result from the adoption of new or modified development impact fee schedules as follows:
1. Residential Uses. On or after the day that the first building permit is issued for a single-family residential development, the city shall, at the permittee’s request, provide the permittee with an applicable development impact fee schedule that shall be in force for a period of 24 months beginning on the day that the first building permit is issued, and which shall expire at the end of the first business day of the twenty-fifth month thereafter. During the effective period of the applicable development impact fee schedule, any building permit issued for the same single-family residential development shall not be subject to any new or modified development impact fee schedule.
2. Commercial, Industrial and Multifamily Uses. On or after the day that the final approval, as defined in A.R.S. Section 9-463.05(T)(4), is issued for a commercial, industrial or multifamily development, the city shall provide an applicable development impact fee schedule that shall be in force for a period of 24 months beginning on the day that final development approval of a site plan or final subdivision plat is given, and which shall expire at the end of the first business day of the twenty-fifth month thereafter. During the effective period of the applicable development impact fee schedule, any building permit issued for the same development shall not be subject to any new or modified development impact fee schedule.
3. Other Development. Any category of development not covered under subsections (C)(1) and (2) of this section shall pay development impact fees according to the fee schedule that is current at the time of collection as specified in subsection (A) of this section.
4. Changes to Site Plans and Subdivision Plats. Notwithstanding the other requirements of this subsection, if changes are made to a development’s final site plan or subdivision plat that will increase the number of service units after the issuance of a grandfathered development impact fee schedule, the city may assess any new or modified development impact fees against the additional service units. If the city reduces the amount of an applicable development impact fee during the period that a grandfathered development impact fee schedule is in force, the city shall assess the lower development impact fee.
D. Option to Pursue Special Fee Determination. Where a development is of a type that does not closely fit within a particular category of development appearing on an adopted development impact fee schedule, or where a development has unique characteristics such that the actual burdens and costs associated with providing necessary public services to that development will differ substantially from that associated with other developments in a specified category of development, the city may require the applicant to provide the city community and economic development director or authorized designee with an alternative development impact fee analysis. Based on a projection of the actual burdens and costs that will be associated with the development, the alternative development impact fee analysis may propose a unique fee for the development or may propose that the development be covered under the development impact fee schedule governing a different and more analogous category of development. The city community and economic development director or authorized designee shall review the alternative impact fee analysis and shall make a determination as to the development impact fee to be charged. Such decision shall be appealable pursuant to SCC 14.05.120. The city community and economic development director or authorized designee may require the applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application. [Ord. 2014-04 § 1, 5-22-2014; Res. 2014-09 Exh. A, 5-22-2014].