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CC - Agendas - City Council - REGULAR - 8/29/2006
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CC - Agendas - City Council - REGULAR - 8/29/2006
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3/2/2022 4:28:20 PM
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CC - Agendas
Department
City Clerk
Sub
Clerk Records
Content
Agendas
Committee Status
Current
Document Type
City Council
Meeting Type
REGULAR
Meeting Date
8/29/2006
Retention
Permanent
Retention Type
Permanent
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Public
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COP\torey.dawson
Scan Date
3/2/2022
Record Series
GS1016, #10260
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Arizona Impact Fee Statute <br /> The Arizona Legislature amended the law on impact fees during the last session. The law now requires that the <br /> City file an annual report September 30th. <br /> 9-463.05. Development fees; imposition by cities and towns;annual report <br /> A. A municipality may assess development fees to offset costs to the municipality associated with providing <br /> necessary public services to a development. <br /> B. Development fees assessed by a municipality under this section are subject to the following requirements: <br /> 1. Development fees shall result in a beneficial use to the development. <br /> 2. Monies received from development fees assessed pursuant to this section shall be placed in a separate fund <br /> and accounted for separately and may only be used for the purposes authorized by this section. Interest <br /> earned on monies in the separate fund shall be credited to the fund. <br /> 3. The schedule for payment of fees shall be provided by the municipality. The municipality shall provide a <br /> credit toward the payment of a development fee for the required dedication of public sites and improvements <br /> provided by the developer for which that development fee is assessed. The developer of residential dwelling <br /> 01" units shall be required to pay development fees when construction permits for the dwelling units are issued. <br /> 4. The amount of any development fees assessed pursuant to this section must bear a reasonable relationship <br /> to the burden imposed upon the municipality to provide additional necessary public services to the <br /> development. The municipality, in determining the extent of the burden imposed by the development, shall <br /> consider, among other things, the contribution made or to be made in the future in cash or by taxes, fees or <br /> assessments by the property owner towards the capital costs of the necessary public service covered by the <br /> development fee. <br /> 5. If development fees are assessed by a municipality, such fees shall be assessed in a non-discriminatory <br /> manner. <br /> 6. In determining and assessing a development fee applying to land in a community facilities district <br /> established under title 48, chapter 4, article 6, the municipality shall take into account all public infrastructure <br /> provided by the district and capital costs paid by the district for necessary public services and shall not assess a <br /> portion of the development fee based on the infrastructure or costs. <br /> C. A municipality shall give at least sixty days' advance notice of intention to assess a new or increased <br /> development fee and shall release to the public a written report including all documentation that supports the <br /> assessment of a new or increased development fee. The municipality shall conduct a public hearing on the <br /> proposed new or increased development fee at any time after the expiration of the sixty day notice of <br /> intention to assess a new or increased development fee and at least fourteen days prior to the scheduled date <br /> of adoption of the new or increased fee by the governing body. A development fee assessed pursuant to this <br /> section shall not be effective until ninety days after its formal adoption by the governing body of the <br /> municipality. Nothing in this subsection shall affect any development fee adopted prior to July 24, 1982. <br />
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