Chapter 19C WATER RESIDENTIAL DEVELOPMENT OCCUPATIONAL FEE*

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Cross references: Sewer residential development occupational fee, ch. 19A; development impact fee, ch. 29; water resources acquisition fee, ch. 30; subdivisions, ch. 32; water, ch. 37.

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Sec. 19C-1. Definitions.

Sec. 19C-1.1. Purpose.

Sec. 19C-2. Water residential development occupational fee.

Sec. 19C-3. Collection of water residential development occupational fee.

Sec. 19C-4. Use of funds collected.

Sec. 19C-5. Effective date.

Sec. 19C-6. Refund of fees.

Sec. 19C-7. Appeals.

Sec. 19C-1. Definitions.

The following words and phrases whenever used in this chapter shall have the meaning 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 an independent sanitary and cooking facilities. Each apartment shall be considered a dwelling unit.

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 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 moveable 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 of a single unit except that it does not include recreational vehicles as defined in this section.

Mobile home development: A lot, tract or parcel of land used or offered for use in whole or in part with or without the 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, in 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 mode of 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 temporary living quarters for recreation, camping or travel purposes.

Recreational vehicle space: Any lot or space in a recreational vehicle park.

Single-family residence: A building designed for use as a dwelling unit for one family.

(Ord. No. G-2367, § 1; Ord. No. G-2538, § 1; Ord. No. G-2647, § 5)

Cross references: Definitions and rules of construction generally, § 1-2.

Sec. 19C-1.1. Purpose.

The purpose of the fee imposed by this chapter is to reimburse the City for costs to the City resulting from connection of residential developments to the City water system, which will result in increased usage and demands on the City's water system thereby adding to the burden on existing public facilities, and requiring expansion or enlargement thereof.

(Ord. No. G-2538, § 1)

Sec. 19C-2. Water residential development occupational fee.

(a) There is hereby imposed for the purpose of defraying the cost of providing public improvements required by the City as the result of residential development, a water residential development occupational fee upon every person constructing any single-family residence or multifamily residence or establishing mobile home spaces or trailer spaces, or recreational vehicle spaces within the City of Phoenix, or for connecting to the City of Phoenix water system such developments built or established outside the City of Phoenix, in the following amounts:

(1) The sum of six hundred dollars for each single-family residence hereafter constructed connecting to the City of Phoenix water system.

(2) The sum of four hundred twenty dollars for each mobile home space or trailer space or recreational vehicle space hereafter established and connecting to the City of Phoenix water system.

(3) The sum of three hundred sixty dollars for each apartment or dwelling unit in a multiple-family development hereafter constructed connecting to the City of Phoenix water system. No additional fee shall be charged for accessory plumbing such as laundry rooms, recreation buildings or swimming pool toilet rooms.

(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 water 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 connect to the City water system.			X
	(B)	Additions attached to an existing building, which additions include new plumbing utilizing City water:
		(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 uses the existing building supply. (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 supply.		X
PRIVATE WATER SYSTEMS
(3)	A new building which legally uses a private water supply system where the building does not connect to the City water system.			X
(4)	A building built before December 1, 1982, now served by private water system but is being connected to the City water system.				X
(5)	A building built after December 1, 1982, now using a legal private water system, but is being changed to connect to the City water system.			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

(Ord. No. G-2367, § 1; Ord. No. G-2383, § 1; Ord. No. G-2538, § 1; Ord. No. G-2647, §§ 6, 7; Ord. No. G-2666, § 1)

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Sec. 19C-3. Collection of water 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 such single-family residence and for each such dwelling unit in a multiple-family development shall be collected 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 water system shall be collected by the Water Services Department prior to connecting to said water 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 Director 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 water development occupational subfund provided for in section 19C-4.

(Ord. No. G-2367, § 1; Ord. No. G-2538, § 1; Ord. No. G-2647, § 8; Ord. No. G-3842, § 1)

Sec. 19C-4. Use of funds collected.

All monies collected pursuant to this chapter shall be deposited in a water development occupational fee subfund, to be used only for capital expansion or enlargement of the City water system or debt service thereof, and for refunds to be allowed in furtherance of water use reduction incentive plans.

(Ord. No. G-2367, § 1; Ord. No. G-2737, § 3)

Sec. 19C-5. Effective date.

(a) The Water and Sewers Director shall collect the fees required by this chapter, for developments located within the City of Phoenix, beginning with permits issued on and after December 1, 1982. Any building permits issued before December 1, 1982, will not require as a condition precedent to the issuance of that building permit payment of the water residential development occupational fee. If a building permit is issued before December 1, 1982, and construction does not commence (the commencement of construction is considered to be the placement of the footings for the building) prior to the expiration of the building permit, any subsequently issued, reinstated or extended building permit will require that the developer or user pay the residential development occupational fee as a condition precedent to the issuance, reinstatement or extension of the building permit.

(b) For developments located outside the City of Phoenix, the Water and Sewers Director shall collect the fee which is required by this chapter to be collected beginning with water connections made on or after December 1, 1982.

(Ord. No. G-2367, § 1)

Sec. 19C-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. Applications for refunds shall be made to the Water and Sewers Director as to projects outside the City.

(Ord. No. G-2367, § 1; Ord. No. G-2538, § 1)

Sec. 19C-7. Appeals.

(a) An action or decision concerning a fee imposed by this chapter may be appealed within fifteen calendar days (on a form provided by the City) to the Urban Services Manager, who may decide the question on the information then available or may hold a hearing.

(b) The decision of the Urban Services Manager may be appealed within fifteen calendar days (on a form provided by the City) to the City Council.

(c) City Council shall review the record and the exhibits, if any, and may, at their discretion, hear further oral arguments, consider newly discovered evidence not previously available and receive written briefs from both the applicant and the Law Department.

(d) City Council may:

(1) Affirm, modify or reverse the decision of the Urban Services Manager; or

(2) Remand the matter to the Urban Services Manager for further proceedings.

(e) Any person aggrieved by a decision of City Council may appeal by filing a special action in Superior Court.

(Ord. No. G-2538, § 1)