ORDINANCE NO. 06-270
AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL
OF THE TOWN OF PINETOP-LAKESIDE, NAVAJO COUNTY, ARIZONA, AMENDING TITLE 3, REVENUE
AND FINANCE, OF THE TOWN CODE, BY ADDING A NEW CHAPTER 3.12, DEVELOPMENT FEE.
WHEREAS, library facilities, parks and recreation facilities, police facilities, general government facilities, and general transportation facilities are necessary public services; and
WHEREAS, the Town must provide and fund capital public facilities required to provide such necessary services; and
WHEREAS, the Town appointed a citizens’ committee to study the feasibility of implementing Development Fees for future development within the Town, and
WHEREAS, the Town of Pinetop-Lakeside retained TischlerBise, Inc. to analyze and assess growth and development projections for the period 2006 to 2016 to determine the additional demand created by new development for library facilities, parks and recreation facilities, police facilities, general government facilities, and general transportation facilities anticipated to be placed on the Town; and
WHEREAS, TischlerBise reviewed the existing demand for library facilities, parks and recreation facilities, police facilities, general government facilities, and general transportation facilities, the existing facilities available to meet that demand and the method of financing the existing systems; and
WHEREAS, TischlerBise additionally reviewed the contribution made or to be made in the future in cash or by taxes, fees or assessments by property owners towards the capital costs of library facilities, parks and recreation facilities, police facilities, general government facilities, and general transportation facilities; and
WHEREAS, the population and residential development projections for the Town indicate: (1) that peak population will increase from approximately 7,446 persons in 2006 to more than 10,832 persons by the year 2016; and (2) that peak housing units will increase from approximately 3,201, in 2006 to more than 4,545, in the year 2016; and
WHEREAS, TischlerBise has prepared a Development Fee Methodology Report dated March 1, 2006, (the “Methodology Report” or the “Report”) including the assumptions, population and residential and nonresidential development projections, capital improvements and development fee calculations, which Report has been submitted to and reviewed by Town staff, the Town citizens’ committee, and by other Town officials; and
WHEREAS, the Methodology Report has been presented to and reviewed by the Town Council, which has determined: (1) that Development Fees are necessary to offset the costs to the Town associated with meeting the necessary public service and facility demand created by projected new residential and non-residential development; (2) that the amount of the Development Fees bear a reasonable relationship to the burden imposed upon the Town to provide the new public facilities addressed in the Methodology Report to new development, (3) the expenditure of Development Fees, pursuant to the terms of this Ordinance, will result in a beneficial use to such new development reasonably related to the Development Fees, per dwelling unit, by type and per increment of non-residential development; (4) that an “essential nexus” exists between the projected new residential development and the need for additional public facilities to be funded via the Development Fees; and (5) that the amount of the Development Fees is “roughly proportional” to the fair share of the additional public facilities needed to provide adequate service to new development, while maintaining the existing level of service (LOS) standard currently provided to Town residents; and
WHEREAS, based on the findings and recommendations set forth in the Methodology Report, the beneficial use of public improvements to be constructed with development impact fees is Town-wide; and
WHEREAS, Town staff has prepared, or is preparing, for Town Council adoption of a Capital Improvement Program (“CIP”) update that includes public facility improvements to ensure that new development paying Development Fees under the Ordinance receive a beneficial use from public facilities constructed through the expenditure of Development Fees; and
WHEREAS, the Ordinance requires that development fee funds be placed in a separate interest-bearing fund and accounted for separately; and
WHEREAS, the Ordinance requires that interest earned on development fee funds be credited to the development fee account for which it accrues; and
WHEREAS, the Ordinance limits the expenditure of development fee funds to those allowed by applicable state laws; and
WHEREAS, the Ordinance provides a credit toward the payment of Development Fees for required dedications of public sites and improvements; and
WHEREAS, the Ordinance sets forth a schedule for payment of Development Fees; and
WHEREAS, the protection and advancement of Town policies related to affordable housing, economic development, and redevelopment are in the public interest and are necessary to protect the public health, safety, and welfare of the citizens of the Town; and
WHEREAS, the Ordinance ensures that Development Fees will be assessed in a non-discriminatory manner; and
WHEREAS, the limited exemptions provided by the Ordinance also will protect and advance those policies; and
WHEREAS, the Ordinance provides for the preparation and filing of an annual report consistent with Arizona law, and
WHEREAS, the Town held two public hearings on May 4, 2006 and May 18, 2006, at which times the Town Council heard and considered comments and information from the public concerning the adoption of Development Fees by the Town.
NOW, THEREFORE, BE IT ORDAINED by
the Mayor and Town Council of the Town of Pinetop-Lakeside, Arizona, as follows:
Section 1: Town staff is directed to prepare or revise the Town’s Capital Improvements Program and, to the extent necessary, prepare amendments thereto to ensure that projected new development receives a beneficial use from planned public facilities to be funded with development fee revenue.
Section 2: The Pinetop-Lakeside Town Code shall be amended to include and incorporate Chapter 3.12 Development Fees, which shall include the provisions in the attached Exhibit “A,” Town Code Chapter 3.12 Development Fees, incorporated herein by this reference.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Pinetop-Lakeside, Arizona, by a vote of 7 ayes and 0 nays, this 18th day of May 2006.
TOWN
OF PINETOP-LAKESIDE
/s/ LARRY VICARIO, Mayor
ATTEST:
/s/ LU ANNE
FROST, Town Clerk
APPROVED AS TO
FORM:
/s/ JACK BARKER,
Town Attorney