HB 2946 — municipalities; counties; development fees

HouseSenate Engrossed House Bill municipalities;

development fees State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session CHAPTER 121 HOUSE BILL 2946 AN ACT AMENDING SECTIONS 9-463.05, 9-499.15 AND 9-511.01, ARIZONA REVISED STATUTES;

(TEXT OF BILL BEGINS ON NEXT PAGE)PAG - i - H.B.

2946 services to new development and in determining the amount of the development fee applicable to the category of development, EXCEPT THAT THE MUNICIPALITY MAY NOT DISTINGUISH BETWEEN SINGLE-FAMILY RESIDENTIAL DEVELOPMENTS ON THE BASIS OF THE SIZE OF THE RESIDENTIAL DWELLING UNIT OR NUMBER OF BEDROOMS.BEDROOMS UNLESS THE MUNICIPALITY ADOPTED SUCH DEVELOPMENT FEES BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION.

IF A MUNICIPALITY ADOPTED DEVELOPMENT FEES THAT ARE BASED ON THE SIZE OF THE RESIDENTIAL DWELLING UNIT OR THE NUMBER OF BEDROOMS BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION, THE MUNICIPALITY MAY CONTINUE TO MAKE THIS DISTINCTION IN SUBSEQUENT UPDATES TO THE DEVELOPMENT FEES THAT ARE ASSESSED BY THE MUNICIPALITY.

The municipality shall release the plan to the public, post the plan on its website or the website of an association of cities and towns if the municipality does not have a website, including in the posting its land use assumptions, the time period of the projections, a description of the necessary public services included in the infrastructure improvements plan and a map of the service area to which the land use assumptions apply, make available to the public - 4 - H.B.

2946 the plan to the public, post the plan on its website or the website of an association of cities and towns if the municipality does not have a website, including in the posting its land use assumptions, the time period of the projections, a description of the necessary public services included in the infrastructure improvements plan and a map of the service area to which the land use assumptions apply, make available to the public the documents used to prepare the assumptions and plan and provide public notice at least sixty days before the public hearing, subject to the following:

7.

The advisory committee established under subsection G H of this section shall file its written comments on any proposed or updated land use assumptions, infrastructure improvements plan and development fees before the fifth business day before the date of the public hearing on the proposed or updated assumptions, plan and fees.

2946 8.7.

The advisory committee established under subsection G H of this section shall file its written comments on any proposed or updated land use assumptions, infrastructure improvements plan and development fees before the fifth business day before the date of the public hearing on the proposed or updated assumptions, plan and fees.

8.

E.- 6 - H.B.

2946 E.

A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, -which 6shall -be H.B.prepared by qualified professionals licensed in this state, as applicable.

2946 which shall be prepared by qualified professionals licensed in this state, as applicable.

A municipality's development fee ordinance shall provide that a new development fee or an increased portion of a modified development fee shall not be assessed against a development for twenty-four months after the date that the municipality issues the final approval for a commercial, industrial or multifamily development or the date that the first building permit is issued for a residential development pursuant to an approved site- plan7 or- subdivisionH.B. plat, provided that no subsequent changes are made to the approved site plan or subdivision plat that would increase the number of service units.

A2946 RESIDENTIAL,site COMMERCIAL,plan INDUSTRIALor ORsubdivision MULTIFAMILYplat, DEVELOPMENTprovided FORthat TWENTY-FOURno MONTHSsubsequent AFTERchanges THEare EFFECTIVEmade DATEto OFthe THEapproved DEVELOPMENTsite FEEplan ORDINANCEor THATsubdivision IMPOSESplat Athat NEWwould ORincrease INCREASEDthe DEVELOPMENTnumber FEEof IFservice NOunits. SUBSEQUENT CHANGES ARE MADE TO THE APPROVED SITE PLAN OR FINAL - 7 - H.B.

2946A RESIDENTIAL, COMMERCIAL, INDUSTRIAL OR MULTIFAMILY DEVELOPMENT FOR TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF THE DEVELOPMENT FEE ORDINANCE THAT IMPOSES A NEW OR INCREASED DEVELOPMENT FEE IF NO SUBSEQUENT CHANGES ARE MADE TO THE APPROVED SITE PLAN OR FINAL SUBDIVISION PLAT THAT INCREASE THE NUMBER OF SERVICE UNITS.

(v)- Advise8 the- municipalityH.B. of the need to update or revise the land use assumptions, infrastructure improvements plan and development fee.

2946 (v) Advise the municipality of the need to update or revise the land use assumptions, infrastructure improvements plan and development fee.

-2. 8 - H.B.

2946 2.

If the development fee was collected for the construction of all or a portion of a specific item of infrastructure, and on completion of the infrastructure the municipality determines that the actual cost of construction was less than the forecasted cost of construction on which the development fee was based and the difference between the actual and estimated cost is greater than ten per cent PERCENT, the current owner may receive- a9 refund- ofH.B. the portion of the development fee equal to the difference between the development fee paid and the development fee that would have been due if the development fee had been calculated at the actual construction cost.

2946 receive a refund of the portion of the development fee equal to the difference between the development fee paid and the development fee that would have been due if the development fee had been calculated at the actual construction cost.

If the development fee is -paid 9by -a H.B.governmental entity, the refund shall be paid to the governmental entity.

2946 paid by a governmental entity, the refund shall be paid to the governmental entity.

4.- 10 - H.B.

2946 4.

(b) Monies advanced by the municipality from funds other than the funds established for development fees in order to pay the cost of a capital improvement project that is the subject of a development fee assessment, the total amount advanced by the municipality for each -facility, 10the -source H.B.of the monies advanced and the terms under which the monies will be repaid to the municipality.

2946 facility, the source of the monies advanced and the terms under which the monies will be repaid to the municipality.

1.- 11 - H.B.

2946 1.

A MUNICIPALITY MAY ASSESS DEVELOPMENT FEES FOR WATER AND WASTEWATER NECESSARY PUBLIC SERVICES ON THE DEVELOPMENT OF AACCESSORY DETACHEDDWELLING -UNITS, 11AS -FOLLOWS: H.B.

29461. ACCESSORY DWELLING UNIT IF THE ADDITION OF ONE OR MORE DETACHED ACCESSORY DWELLING UNITS WOULD HAVE REQUIRED INSTALLING A LARGER UTILITY METER HAD THE ADDITIONAL ACCESSORY DWELLING UNIT OR UNITS BEEN CONSTRUCTED CONCURRENTLY WITH THE PRIMARY DWELLING UNIT WITH A SHARED UTILITY METER.

THEFOR PROPORTIONATEWATER SHAREAND OFWASTEWATER, THE WATER AND WASTEWATER DEVELOPMENT FEEFEES ASSESSED FOR WATERSUCH ANDACCESSORY WASTEWATERDWELLING UNIT SHALL BENOT EXCEED THE DIFFERENCEINCREMENTAL BETWEENINCREASE THEIN CURRENTDEMAND FEE-PER-METERCAUSED SIZEBY FOR THE PRIMARYDEVELOPMENT OF EACH ACCESSORY DWELLING UNIT ANDWHETHER THESERVED LARGERBY SIZETHE THATSAME ISWATER NECESSARYMETER TOAS ACCOMMODATE THE DEVELOPMENTPRIMARY OFDWELLING THEOR DETACHEDBY ACCESSORYA DWELLINGSEPARATE UNITWATER ORMETER. UNITS.

THE2. TOTAL DEVELOPMENT FEES ASSESSED ON THE DEVELOPMENT OF A DETACHED ACCESSORY DWELLING UNIT FOR ALL NECESSARY PUBLIC SERVICES OTHER THAN WATER AND WASTEWATER SHALL NOT EXCEED THE LESSER OF TWENTY PERCENT OF THE TOTAL DEVELOPMENT FEES FOR THOSE SAME NECESSARY PUBLIC SERVICES APPLICABLE TO A SINGLE-FAMILY HOME OR THE DETACHED ACCESSORY DWELLING UNIT'S PROPORTIONATE SHARE OF THOSE FEES AS PRESCRIBED BY SUBSECTION B, PARAGRAPH 3 OF THIS SECTION.

FOR DEVELOPMENT FEES ASSESSED ON THE PURPOSESDEVELOPMENT OF THISAN SUBSECTION,ACCESSORY "ACCESSORYDWELLING UNIT FOR ALL NECESSARY PUBLIC SERVICES OTHER THAN WATER AND WASTEWATER, THE DEVELOPMENT FEES ASSESSED FOR SUCH ACCESSORY DWELLING UNIT"UNIT HASSHALL NOT EXCEED THE LESSER OF TWENTY-FIVE PERCENT OF THE TOTAL DEVELOPMENT FEES OR THE PROPORTIONATE SHARE FOR THOSE SAME MEANINGNECESSARY PRESCRIBEDPUBLIC INSERVICES SECTIONAPPLICABLE 9-461.18.TO A SINGLE-FAMILY HOME.

(b)- For12 a- singleH.B. family residential development, the approval of a final subdivision plat.

2946 (b) For a single family residential development, the approval of a final subdivision plat.