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House Engrossed |
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State of Arizona House of Representatives Forty-seventh Legislature Second Regular Session 2006
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HOUSE BILL 2381 |
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AN ACT
amending section 9-463.05, Arizona Revised Statutes; amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.26; relating to development fees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-463.05, Arizona Revised Statutes, is amended to read:
9-463.05. Development fees; imposition by cities and towns; annual report; definitions
A. A municipality may assess development fees to
offset costs to the municipality associated with
of providing necessary
public services to a development. Necessary public services may include general
government improvements and appurtenances used for services needed to provide
necessary public services to development. Necessary public services shall not
include airplanes or arts or cultural facilities or appurtenances to those
facilities.
B. Development fees assessed by a municipality under this section are subject to the following requirements:
1. Development fees shall Necessary public services that are the subject of a development fee shall be addressed in a capital improvements plan formally adopted by the governing body of the municipality pursuant to this section before the initial assessment of the development fee. The capital improvements plan shall describe each necessary public service that is the subject of a development fee and, for each necessary public service, shall:
(a) Establish one or more service areas.
(b) Identify the existing level of service in each service area and the level of service to be provided in each service area.
(c) Include a determination by the municipality that the necessary public service will result in a beneficial use to the development subject to the fee.
(d) To the extent any portion of the cost of the necessary public service is attributable to existing development, include the specific means and method and estimated time by which the municipality will fund that portion of the cost.
(e) Disclose any commitments for usage of capacity in existence at the time the development fee in respect of the necessary public service is established.
2. Monies received from a development fees
FEE assessed pursuant
to this section shall be placed in a separate fund and accounted for separately
and may only be used for the purposes authorized by
this section necessary
public service that is the subject of the development fee. Interest
earned on monies in the separate fund shall be credited to the
fund. If the necessary
public service that is the subject of a development fee is not provided to
development in the service area that is subject to the development fee, monies
received on account of the development fee shall be returned to the payors of
the development fee with accrued interest, if any.
3. The schedule for payment of fees shall be
provided by the municipality. The municipality shall provide FOR a credit toward the
payment of a development fee for the required dedication of public sites and REAL PROPERTY OR improvements comprising all or part of the
necessary public service that is the subject of the development fee and
provided by the developer for TO which that THE
development fee is assessed. Commencing
as of the effective date of this section, if the credit required under this
paragraph exceeds the total development fees payable by the developer for the
necessary public service that includes the required real property or
improvements, the municipality shall provide for reimbursement to the developer
from other development fees in respect of such necessary public service which
are actually collected by the municipality from other development receiving the
beneficial use of such specific real property or improvement and for which no
other credits are due. The credit shall not exceed the lesser of the actual
cost of the real property or improvement or the amount of development fees
actually collected from other developers receiving the beneficial use of such
specific real property or improvement, as determined by the municipality, and a
municipality shall not be required to provide such reimbursement from any funds
other than the development fees received from other development receiving the
beneficial use of such specific real property or improvement. Credits for
which reimbursement are provided under this subsection can be provided for in a
development agreement pursuant to section 9-500.05 of this chapter or other
agreement and shall be valid for a period of ten years from the date that the
development fee for the necessary public service that is the subject of such
credit is first collected by the municipality from the new development that
provided the required real property or improvement for the necessary public
service. If new development that is subject to a development fee for a
necessary public service is required, as a condition to the governing body's
approval of land uses pursuant to article 6.1 of this chapter, to provide real
property or public infrastructure not then included in the municipality's
adopted capital improvements plan but which would comprise the necessary public
service that is the subject of the development fee if included in the capital
improvements plan, the municipality may amend its capital improvements plan to
include the real property or public infrastructure in conjunction with such
approval, without further notice or public hearing except as required in
connection with the governing body's approval of such land uses pursuant to
article 6.1 of this chapter. The developer of residential
dwelling units shall be required to pay development fees when construction
permits for the dwelling units are issued.
4. The amount of any development fees assessed
pursuant to this section must bear a reasonable relationship to the burden
imposed upon the municipality to provide additional necessary public services
to the development subject to the development fees and shall not include any portion of
the cost of the necessary public services attributable to existing development.
The municipality, in determining The amount of any development fee assessed
after the effective date of this section the extent of the burden imposed by the development, shall consider, among
other things, the shall be based on land uses approved pursuant to article 6.1
of this chapter or the adopted general plan or, where the period covered by the
capital improvements plan extends beyond the period covered by the adopted
general plan, other projected land use plan adopted by the governing body of
the municipality, the estimated cost of providing the necessary public service
to existing development, if applicable, and to new development and the
estimated times at which the cost will be incurred. the determination required
under this paragraph may include projected interest charges or other finance
costs if a development fee will be used to pay principal and interest on bonds
identified in the capital improvements plan and issued by or on behalf of the
municipality to finance the necessary public service that is the subject of the
development fee. The determination required under this paragraph shall also
include the estimated contribution made or to be made in the future in cash or
by taxes, fees or assessments by the property owner towards the capital costs of the necessary
public service covered by the development fee and any contribution received from the federal or state
government or any political subdivision of the federal or state government.
5. If development fees are assessed by a
municipality, such fees shall be assessed in a non‑discriminatory
nondiscriminatory manner.
6. In determining and assessing a development fee
applying to land in a community facilities district established under title 48,
chapter 4, article 6, the municipality shall take into account all public
infrastructure provided by the district and capital
costs paid by the district for necessary public services that are the subject of the
development fee and shall not assess ALL OR a portion of the development fee based on the PUBLIC infrastructure or costs PROVIDED BY THE DISTRICT.
C. A municipality shall give at least one hundred twenty days' advance notice of intention to adopt or amend a capital improvements plan or, if applicable, to adopt a development fee provided for in a capital improvements plan adopted pursuant to this section. Such notice may be given in conjunction with the municipality's schedule to adopt an annual budget pursuant to title 42, chapter 17, article 3. The municipality shall release to the public a written report including all documentation that supports the proposed capital improvements plan or amendment to capital improvements plan or development fee. The municipality shall conduct a public hearing on the proposed capital improvements plan or amendment or development fee at any time after the expiration of the one hundred twenty day notice of intention to adopt a capital improvements plan or amendment or development fee and at least thirty days before the scheduled date of adoption of the capital improvements plan or amendment or development fee. The public hearing may be held in conjunction with the public hearing required to be held by the municipality for adoption of its annual estimate of expenditures pursuant to title 42, chapter 17, article 3 provided such hearing occurs at least thirty days before the scheduled date of adoption of the capital improvements plan or amendment. A development fee established or amended in a capital improvements plan or amendment to capital improvements plan adopted pursuant to this section shall not be effective until thirty days after its formal adoption as part of the capital improvements plan by the governing body of the municipality. Nothing in this subsection shall affect any development fee adopted before the effective date of this section.
D. If all
necessary public services that are the subject of development fees assessed by
a municipality are addressed in a capital improvements plan or amendment to
capital improvements plan adopted pursuant to this section the municipality may
adjust any such development fee without further amendment of the capital
improvements plan if the adjustment is based on a recognized index applicable
to the cost of the necessary public service that is the subject of the
development fee. A municipality shall give at least
sixty days' advance notice of intention to assess a
new or increased ADJUST
A development fee pursuant to this subsection and
shall release to the public a written report including all documentation that
supports the assessment of a new or
increased ADJUSTment
in the development fee. The municipality shall
conduct a public hearing on the proposed new or
increased development fee ADJUSTMENT
at any time after the expiration of the sixty day notice of intention to assess a new or increased ADJUST the
development fee and at least fourteen days prior to
before the scheduled date
of adoption of the new or increased fee ADJUSTment by the governing
body. A An ADJUSTment
in a development fee
assessed pursuant to this section shall not be effective until ninety thirty
days after its formal adoption by the governing body of the
municipality. Nothing in this subsection shall affect any development fee
adopted prior to July 24, 1982 before the effective date of this section
provided such development fee complies with the requirements of paragraphs 4
and 5 of subsection B of this section.
D. E. Each
municipality that assesses development fees shall submit an annual report
accounting for the collection and use of the fees. The annual report
shall include the following:
1. The amount assessed by the municipality for each type of development fee.
2. The balance of each fund maintained for each type of development fee assessed as of the beginning and end of the fiscal year.
3. The amount of interest or other earnings on the monies in each fund as of the end of the fiscal year.
4. The amount of development fee monies used to repay:
(a) Bonds issued by the municipality to pay the cost
of a capital improvement project that is the subject of a development fee assessment.
(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.
5. The amount of development fee monies spent on
each capital improvement project that is the subject of a development fee assessment and the physical location of each
capital improvement project.
6. The amount of development fee monies spent for
each purpose other than a capital improvement project that is the subject of a
development fee assessment.
E. F. Within ninety
days following the end of each fiscal year, each municipality shall submit a
copy of the annual report to the city clerk. Copies shall be made available to
the public on request. The annual report may contain financial information
that has not been audited.
F. G. A municipality
that fails to file the report required by this section shall not collect
development fees until the report is filed.
H. A municipality shall have one year from the date that a development fee assessed under this section is paid or payable to the municipality to notify the payor of the development fee of any discrepancy in the assessment and collection of the development fee and if no such notice is provided, no action may be taken to collect any additional amount in respect of such development fee.
I. For the purposes of this section:
1. "Capital improvements plan" means a written plan that identifies each necessary public service that is proposed to be the subject of a development fee and otherwise complies with the requirements of this section. A capital improvements plan may be prepared as part of and included in the budget of the municipality prepared in accordance with title 42, chapter 17, article 3.
2. "Development" means the improvement of real property through the construction, installation, reconstruction, redevelopment, conversion, structural alteration, enlargement or renovation of new or existing structures or other improvements or additions to structures.
3. "Level of service" means the ratio of use of a necessary public service to the type of land use, including residential, commercial, retail and industrial land uses.
4. "Public infrastructure" means capital improvements for public use and includes the design, engineering, construction, reconstruction, upgrading, installation, conversion, renovation or acquisition of capital improvements for public use.
5. "Public service" means public infrastructure that provides a service that is within the scope of services a municipality is authorized to provide under this title, including water systems for domestic, industrial, irrigation or fire protection purposes, water resources, sanitary sewage systems, solid waste facilities, drainage and flood control systems, streets, roadways, bridges and parking facilities, areas for pedestrian, bicycle or other nonmotor vehicle use, libraries, parks, recreational facilities and open space areas, landscaping, public buildings, public safety facilities, fire protection facilities, lighting systems, equipment repair facilities and traffic control systems and devices, and shall include all necessary or desirable appurtenances including equipment, vehicles, furnishings and other personalty and the acquisition of interests in real property for such public infrastructure.
6. "Service area" means all or any portion of the land area within the corporate boundaries of a municipality to be served by a necessary public service and may include all or any portion of the land area within the planning area of the municipality, as reflected in the adopted general plan of the municipality, that will be served by the necessary public service if such necessary public service and the development fee in respect of such necessary public service are provided for in an intergovernmental agreement between the municipality and the county in which such land area is located.
Sec. 2. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.26, to read:
9-500.26. Construction contracting industry; discrimination prohibited; use of tax proceeds; exemption; definitions
A. Except as provided in subsection B of this section, a city or town shall not discriminate against construction contracting industry businesses in the imposition or collection of transaction privilege taxes. For the purposes of this section:
1. "Construction contracting industry businesses" means:
(a) An owner‑builder who sells or contracts to sell, at any time, improved real property consisting of custom, model, or inventory homes, regardless of the stage of completion of such homes; or
(b) Improved residential or commercial lots without a structure.
2. "Discriminate" means the percentage amount of the transaction privilege tax rate imposed on any construction contracting industry business classification exceeds the percentage amount of the transaction privilege tax rate imposed on the majority of other business classifications by a city or town on or after July 1, 2006. For the purposes of this subsection, an increase in the percentage amount of the transaction privilege tax rate imposed on any construction contracting industry business classification commensurate with a corresponding increase in the transaction privilege tax rate imposed on a majority of all other transaction privilege tax classifications.
B. On or after July 1, 2006, a city or town may discriminate against construction contracting industry businesses in the imposition or collection of transaction privilege tax on construction contracting industry business classifications provided the proceeds of any such discriminatory transaction privilege tax shall be used exclusively by the city or town for the construction of new public infrastructure comprising necessary public services for new development.