Last Modified on 05/07/2009 09:05:55Chapter 19D WATER COMMERCIAL AND INDUSTRIAL DEVELOPMENT OCCUPATIONAL FEE*
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Cross references: Sewer commercial and industrial development fee, ch. 19B; development impact fee, ch. 29; water resources acquisition fee, ch. 30; subdivisions, ch. 32; water, ch. 37.
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Sec. 19D-1. Definitions.
Sec. 19D-1.1. Purpose.
Sec. 19D-2. Water commercial and industrial development fee.
Sec. 19D-3. Collection of water commercial industrial development occupational fee.
Sec. 19D-4. Use of funds collected.
Sec. 19D-5. Effective date.
Sec. 19D-6. Refund of fees.
Sec. 19D-7. Appeals.
Sec. 19D-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 with [within] any building arranged and designed or used for residential purposes for one family and containing independent sanitary and cooking facilities. Each apartment shall be considered a dwelling unit.
Commercial and industrial development: All buildings and lots, 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, in 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.
(Ord. No. G-2368, § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 19D-1.1. Purpose.
The purpose of the fee imposed by this chapter is to reimburse the City for costs to the City resulting from construction or 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.
Water Meter Size Meter Type Fee 5/8" Disk $ 600.00 1" Disk 1,500.00 1 1/2" Disk 2,760.00 2" Disk 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 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 commercial or industrial development building, which additions include new plumbing utilizing City water. 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 development building which has new plumbing, but is not attached to an existing building when: (A) The new building uses City water. 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 WATER SYSTEMS (3) A commercial or industrial building built before December 1, 1982, now served by private water system but is being connected to the City water system. X (4) A commercial or industrial building built after December 1, 1982, using a legal private water system, but is being changed to connect to the City water system. X REMODELING (5) 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 (6) A commercial or industrial building moved onto a lot: (A) Which requires new water connection. X (B) Which has an existing water connection, but the building served by the water connection is removed. (One building is substituted for another building.) X (C) Same as (B) above, except that the present use of the water connection will continue. (Add another building and leave existing building.) X ____
(c) If a commercial or industrial development is located outside the Phoenix City limits, the water commercial and industrial development occupational fee shall be one and one-half times the amount set forth in paragraphs (a) and (b) above. If the commercial or industrial 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 commercial and industrial developments located inside the City shall be refunded by the City of Phoenix.
(Ord. No. G-2368, § 1; Ord. No. G-2382, § 1; Ord. No. G-2539, § 1; Ord. No. G-2667, § 1)
Sec. 19D-3. Collection of water commercial 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 commercial or industrial development shall be collected prior to the issuance of a permit for constructing a commercial or industrial development or for connecting to the City water system.
(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 and Sewers Director prior to connecting to said water system.
(Ord. No. G-2368, § 1; Ord. No. G-2539, § 1)
Sec. 19D-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-2368, § 1; Ord. No. G-2737, § 4)
Sec. 19D-5. Effective date.
(a) The Water and Sewers Director shall collect the fees required by this chapter beginning with permits issued on December 1, 1982. Any building permit issued before December 1, 1982, or water connection made before December 1, 1982, will not require, as a condition precedent to that water connection, payment of the water commercial and industrial 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 water commercial and industrial 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.