Last Modified on 05/07/2009 09:05:54Chapter 19B COMMERCIAL AND INDUSTRIAL DEVELOPMENT OCCUPATIONAL FEE*
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Cross references: Water commercial and industrial development occupational fee, ch. 19D; sewers, ch. 28; development impact fee, ch. 29; subdivisions, ch. 32.
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Sec. 19B-1. Definitions.
Sec. 19B-1.1. Purpose.
Sec. 19B-2. Sewer commercial and industrial development occupational fee.
Sec. 19B-3. Collection of commercial and industrial development occupational fee.
Sec. 19B-4. Use of funds collected.
Sec. 19B-5. Effective date.
Sec. 19B-6. Refund of fees.
Sec. 19B-7. Appeals.
Sec. 19B-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.
Commercial and industrial development: All buildings and lots in the City other than single-family residences, multifamily residences, apartments, and mobile home developments, as defined in this chapter.
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 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.
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.
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 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 temporary living quarters for recreation, camping or travel purposes.
Sewage: A combination of water-carried wastes from business buildings and industrial establishments, together with such ground, surface, and storm waters as may be present.
(Ord. No. G-2164, § 1; Ord. No. G-2537, § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 19B-1.1. Purpose.
The purpose of the fee imposed by this chapter is to reimburse the City for costs resulting from connection of commercial and industrial 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.
Water Meter Size Meter Type 5/8" Disc $ 600.00 1" Disc 1,500.00 1 1/2" Disc 2,760.00 2" Disc 4,500.00 3" Compound 9,240.00 4" Compound 15,000.00 6" Compound 27,600.00 2" Turbo 7,200.00 3" Turbo 16,200.00 6" Turbo 92,400.00 (b) Fees shall be required as follows:
Fee Required Fee Not Required ADDITIONS TO BUILDINGS (1) Additions to a lot which already has building improvements and sewer connections, 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 commercial or industrial development building which additions include new plumbing discharging water or sewage into the City sanitary sewer. The fee is based upon the size of water meter needed to serve the additional plumbing fixtures in the building addition, whether or not the existing water meter would be large enough to serve the existing as well as the additional plumbing fixtures. (Minimum fee is $600.00.) X (C) Same as (B) above, except that the fee imposed by this chapter for the additional plumbing fixtures was previously paid, and the addition does not require that the size of the water meter be increased. X UNATTACHED NEW BUILDINGS (2) A new commercial or industrial building which has new plumbing, but is not attached to an existing building when: (A) The new plumbing discharges water or sewage into the City sanitary sewer. The fee is based upon the size of water meter needed to serve the additional plumbing fixtures in the new building, whether or not the existing water meter would be large enough to serve the existing as well as the additional plumbing fixtures. (The minimum is $600.00.) X (B) Same as (A) above, except that the fee imposed by this chapter was previously paid, and the new building does not require that the size of the water meter be increased. X PRIVATE SEWAGE DISPOSAL SYSTEMS (3) A new commercial or industrial building which legally uses private sewage disposal system where the building discharges no water or sewage into the City sanitary sewer system. X (4) A commercial or industrial building built before May 25, 1981, now served by private sewage disposal system but is being connected to the public sanitary sewer. X (5) A commercial or industrial 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 BUILDINGS WHICH ARE MOVED (7) A commercial or industrial building moved onto a lot: (A) Which requires new building sewer and tap. 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 (8) Sewer tap to dump swimming pool water into City sanitary sewer. (Fee is $600.00.) X ____
(C) In addition to the fees set forth in paragraphs (b)(1)(B), (b)(2)(A), and (b)(8) of this section, there are hereby imposed additional fees of thirty dollars and for those fees set forth in paragraph (a) of this section there are also hereby imposed additional sewer commercial and industrial development occupational fees upon every person connecting to the City sanitary sewer system a commercial or industrial development, according to the following schedule:
Water Meter Size Meter Type Amount 5/8" Disc $ 30.00 1" Disc 75.00 1 1/2" Disc 138.00 2" Disc 225.00 3" Compound 462.00 4" Compound 750.00 6" Compound 1,380.00 2" Turbo 360.00 3" Turbo 810.00 6" Turbo 4,620.00 The additional fees imposed by this paragraph shall be effective for the period beginning on March 1, 1986, and ending on February 28, 1987, only 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.
(Ord. No. G-2164, § 1; Ord. No. G-2180, § 1; Ord. No. G-2384, § 1; Ord. No. G-2432, § 1; Ord. No. G-2537, § 1; Ord. No. G-2665, § 1; Ord. No. G-2827, § 1)
Editor's note: Ordinance No. G-2827 also provides 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. 19B-3. Collection of commercial and industrial 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 such commercial or industrial development shall be collected by the Building Safety Director prior to the issuance of a permit for constructing a commercial or industrial development or for connecting to the City sanitary sewer system.
(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 Phoenix Water and Sewers Department prior to connecting to said sewer system.
(Ord. No. G-2164, § 1; Ord. No. G-2180, § 1; Ord. No. G-2737, § 2)
Sec. 19B-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-2164, § 1; Ord. No. G-2737, § 2)
Sec. 19B-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, or sewer connection made before May 25, 1981, will not require as a condition precedent to the issuance of that building permit or as a condition precedent to that sewer connection payment of the commercial and industrial 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 commercial and industrial development occupational fee as a condition precedent to the issuance, reinstatement or extension of the 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-2164, § 1; Ord. No. G-2180, § 1; Ord. No. G-2290, § 2)
Sec. 19B-6. Refund of fees.
Any fees paid pursuant to this chapter shall be refunded in full, if after the fee is paid the project is not constructed or sewer connection is not made. Applications for refunds shall be made to the Building Safety Director as to projects within the City. Applications for refunds shall be made to the Water and Sewers Director as to projects outside the City.