Last Modified on 05/07/2009 09:05:54Chapter 19A RESIDENTIAL DEVELOPMENT OCCUPATIONAL FEE*
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Cross references: Water residential development occupational fee, ch. 19C; sewers, ch. 28; development impact fee, ch. 29; subdivisions, ch. 32.
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Sec. 19A-1. Definitions.
Sec. 19A-1.1. Purpose.
Sec. 19A-2. Sewer residential development occupational fee.
Sec. 19A-3. Collection of residential development occupational fee.
Sec. 19A-4. Use of funds collected.
Sec. 19A-5. Effective date.
Sec. 19A-6. Refund of fees.
Sec. 19A-7. Appeals.
Sec. 19A-1. Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings specified in this section, unless from the content, a different meaning is clearly intended.
Apartment: A suite of rooms within a building arranged, designed or used for residential purposes for one family, and containing independent sanitary and cooking facilities. Each apartment shall be considered a dwelling unit.
Building sewer: That part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer.
Building supply: The pipe carrying potable water from the water meter or other source of water supply to a building or other point of use or distribution on the lot. "Building supply" shall also mean water service.
Dwelling unit: "Dwelling unit" means a room or group of rooms within a building containing cooking facilities and occupied by one family. An apartment shall be considered a dwelling unit, but hotel and motel rooms are not considered as dwelling units under the provisions of this chapter.
Family: A family is either:
a. An individual or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or
b. A group of unrelated persons living together as a single housekeeping unit in a dwelling unit.
Hotel: A building or group of buildings containing rooming units and/or guestrooms, such rooming units being for residential purposes or transient purposes.
Mobile home: A movable or portable dwelling over thirty-two feet in length or over eight feet wide constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy as a residence which may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two or more units separately towable but designed to be joined into one integral unit, as well as a portable dwelling composed of a single unit, except that it does not include recreational vehicles as defined in this section.
Mobile home development: Any lot, tract or parcel of land used or offered for use in whole or in part, with or without charge, for the parking of occupied mobile homes.
Mobile home space or trailer space: "Mobile home space" or "trailer space" means any lot or space contained in a mobile home development, but excluding spaces in a recreational vehicle park.
Motel: A building or group of buildings containing rooming units and/or guestrooms each of which maintains a separate outside entrance, such building or group of buildings being designed, intended, or used primarily for the accommodation of travelers.
Multifamily residence: A building designed and/or used for residential purposes and containing more than one apartment or dwelling unit.
Off-site constructed dwelling unit: A multi-sectional dwelling manufactured after June 15, 1976, to standards established by the U.S. Department of Housing and Urban Development, and subject to the requirements listed in chapter II [section 202] of the Zoning Ordinance.
Person: The term "person" shall include an individual, firm, corporation, partnership, joint venture, association, estate, trust, or any other group or combination acting as a unit, and the plural as well as the singular number.
Recreational vehicle: A vehicular type unit thirty-two feet or less in length and eight feet or less in width, primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.
Recreational vehicle park: Any lot, tract or parcel of land used or offered for use in whole or in part with or without charge, for the parking of occupied recreational vehicles, tents or similar devices used for the temporary living quarters for recreation camping or travel purposes.
Recreational vehicle space: Any lot or space in a recreational vehicle park.
Sewage: A combination of water-carried wastes from residences, together with such ground, surface, and storm waters as may be present.
Single-family residence: A building designed for use as a dwelling unit for one family.
(Ord. No. G-2163, § 1; Ord. No. G-2536, § 1; Ord. No. G-2647, § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 19A-1.1. Purpose.
The purpose of the fee imposed by this chapter is to reimburse the City for costs resulting from connection of residential developments to the City sanitary sewer system which increases the amount of water or sewage discharged into said system thereby adding to the burden on existing public facilities, and contributing to the need for future capital expansion or enlargement of the City sanitary sewer system.
Fee Required Fee Not Required ADDITIONS TO BUILDINGS (1) Additions to a lot which already has building improvements and sewer connection, according to the following schedule: (A) Additions attached to an existing building where the addition has no plumbing included in the new work, and the addition does not discharge water or sewage into the City sanitary sewer system. X (B) Additions attached to an existing building, which additions include new plumbing discharging water or sewage into the City sanitary sewer system: (i) Single-family dwellings. X (ii) Apartments (fee $360.00 for each apartment). X UNATTACHED NEW BUILDINGS (2) A new building which has new plumbing, but is not attached to an existing building when: (A) The new plumbing discharges water or sewage into the existing building sewer. (For apartments, the fee is $360.00 per apartment. For single-family residences, the fee is $600.00.) X (B) The new plumbing uses new building sewer. X PRIVATE SEWAGE DISPOSAL SYSTEMS (3) A new building which legally used private sewage disposal system where the building discharges no water or sewage into the City sanitary sewer system. X (4) A building built before May 25, 1981, now served by private sewage disposal system but is being connected to the City sanitary sewer system. X (5) A building built after May 25, 1981, using a legal private sewage disposal system, but is being changed to connect to the public sanitary sewer. X REMODELING (6) Interior remodeling, such as adding a bathroom, clothes washer, lavatory, water closet, etc.: (A) If existing water service line and meter can be used. X (B) If water service line or meter is increased in size. X MOBILE HOMES (7) Mobile homes: (A) Installation of a mobile home in a zoned "mobile home development" (on-site permit) where title to all of the lots remains in one ownership. (Such fees are collected at the time a permit is issued for "mobile home development" site development work.) X (B) Installation of a mobile home (on-site permit) on a lot other than in a zoned "mobile home development." X BUILDINGS WHICH ARE MOVED (8) A building moved onto a lot: (A) Which requires new connection to the City sanitary sewer. X (B) Which has an existing building sewer and tap, but the building served by the sewer is removed. (One building is substituted for another building.) X (C) Same as (B) above, except that the present use of the sewer will continue. (Add another building and leave existing building.) X SWIMMING POOLS (9) Sewer tap to dump swimming pool water into City sanitary sewer. (Fee is $600.00.) X ____
(c) Beginning on December 1, 1982, if a residential development is located outside the Phoenix City limits, the sewer residential development occupational fee shall be one and one-half times the amount set forth in paragraphs (a)(1), (a)(2), and (a)(3) above. If the residential development property is annexed by the City of Phoenix within one year of the date of such payment, the increased fee amount over that imposed for residential developments located within the City limits shall be refunded by the City of Phoenix.
(d) In addition to the fees set forth in paragraphs (a)(1), (a)(2), (a)(3), (b)(1)(B)(ii) and (b)(2)(A) of this section, there are hereby imposed, where applicable, additional fees of thirty dollars for each single-family residence, twenty-one dollars for each mobile home space or recreational vehicle space and eighteen dollars for each apartment or dwelling unit in a multifamily development which are hereafter constructed connecting to the City of Phoenix sanitary sewer system within that geographic area generally bounded by a line beginning at the intersection of 51st Avenue and the Arizona Canal, thence running north along the centerline of 51st Avenue to Skunk Creek, thence running northeasterly along Skunk Creek to Jomax Road, thence running east along the centerline of Jomax Road to its intersection with the Central Arizona Project Aqueduct, thence running southeasterly along the Central Arizona Project Aqueduct to its intersection with Scottsdale Road, thence running south along the centerline of Scottsdale Road to Greenway Road, thence running west along the centerline of Greenway Road to Cave Creek Road, thence running southwesterly along the centerline of Cave Creek Road to Sharon Drive, thence running west along the centerline of Sharon Drive to 16th Street, thence running south along the centerline of 16th Street to Thunderbird Road, thence running northwesterly along the centerline of Thunderbird Road to Seventh Street, thence running south along the centerline of Seventh Street to Sweetwater, thence running west along the centerline of Sweetwater to the Black Canyon Freeway, thence running south along the centerline of the Black Canyon Freeway to the Arizona Canal and thence running northwesterly along the Arizona Canal to the point of beginning at 51st Avenue. This general geographic area is more specifically set forth on the map attached hereto as exhibit A which is incorporated herein by reference and which shall be placed on file in the offices of the City Clerk and the City Water and Wastewater Director. The additional fees set forth herein shall only be imposed for the period beginning on March 1, 1986, and ending on February 28, 1987.
(e) Beginning on March 1, 1986, if a residential development is located outside the Phoenix City limits, the sewer residential development occupational fee additions set forth in paragraph (d) of this section shall be increased by fifty percent for the period beginning on March 1, 1986, and ending on February 28, 1987.
(Ord. No. G-2163, § 1; Ord. No. G-2180, § 1; Ord. No. G-2381, § 1; Ord. No. G-2431, § 1; Ord. No. G-2536, § 1; Ord. No. G-2647, §§ 2, 3; Ord. No. G-2664, § 1; Ord. No. G-2826, § 1-2)
Editor's note: Ord. No. G-2826 also provided as follows:
A. As to developments located within the City of Phoenix, the increased fee shall be charged beginning with building permits issued between March 1, 1986, and February 28, 1987, except that where the Building Safety Department has before March 1, 1986, accepted an application for a building permit, the fee shall be charged in accordance with the fee schedule in effect before March 1, 1986.
B. As to developments located outside the City of Phoenix, the increased fee shall be charged beginning with sewer taps made between March 1, 1986, and February 28, 1987, except that where an application for a building permit has been accepted before March 1, 1986, by the City in which the development is located, or by Maricopa County, if the development is located in the unincorporated area, the fee shall be charged in accordance with the fee schedule in effect before March 1, 1986.
Sec. 19A-3. Collection of residential development occupational fee.
(a) The fee imposed by this chapter for developments located within the City of Phoenix shall be collected by the Building Safety Director. The fee for each single-family residence and for each dwelling unit in a multiple-family development shall be collected by the Building Safety Director prior to the issuance of a building permit for the construction thereof, and the fee with respect to any mobile home space or trailer space or recreational vehicle space shall be collected prior to the issuance of a construction permit for the development of a mobile home development or recreational vehicle park, or prior to the issuance of a permit for installation of a mobile home on any other lot. The fee for an off-site constructed dwelling unit shall be collected prior to the issuance of a permit for installing such unit on a lot.
(b) The fee imposed by this chapter for developments located outside the City of Phoenix and connecting to the City of Phoenix sanitary sewer system shall be collected by the Water Services Department prior to connecting to said sewer system.
(c) If a development meets the boundary and criteria established in the City's infill housing program, the Development Services Director or Water Services Department shall not collect from the developer the fee imposed by this chapter on such development. The amount of such fees shall be transferred from other City funds to the sewer development occupational subfund provided for in section 19A-4.
(Ord. No. G-2163, § 1; Ord. No. G-2180, § 1; Ord. No. G-2536, § 1; Ord. No. G-2647, § 4; Ord. No. G-3843, § 1)
Sec. 19A-4. Use of funds collected.
All monies collected pursuant to this chapter shall be deposited in a sewer development occupational fee subfund to be used only for capital expansion or enlargement of the City sanitary sewer system or debt service thereof, and for refunds to be allowed in furtherance of wastewater discharge reduction incentive plans.
(Ord. No. G-2163, § 1; Ord. No. G-2180, § 1; Ord. No. G-2737, § 1)
Sec. 19A-5. Effective date.
(a) The Building Safety Director shall collect the fees which he is required by this chapter to collect beginning with permits issued on and after May 25, 1981. Any building permit issued before May 25, 1981, will not require as a condition precedent to the issuance of that building permit payment of the residential development occupational fee. If a building permit is issued before May 25, 1981, is less than one year old and construction has not commenced prior to May 21, 1982, any subsequently issued, reinstated or extended building permit will require that the developer or user pay the residential developmental occupational fee as a condition precedent to the issuance, reinstatement or extension of the building permit.
(b) The Water and Sewers Department shall collect the fees which said Department is required by this chapter to collect beginning with sewer connections made on and after May 25, 1981.
(Ord. No. G-2163, § 1; Ord. No. G-2180, § 1; Ord. No. G-2290, § 1)
Sec. 19A-6. Refund of fees.
Any fees paid pursuant to this chapter shall be refunded in full, if after the fee is paid the project for which it has been paid is cancelled and is not constructed. Applications for refunds shall be made to the Building Safety Director as to projects within the City. Application for refunds shall be made to the Water and Sewers Director as to projects outside the City.