The following terms when used in this chapter shall have the following meanings unless the context requires otherwise. Singular terms shall include their plural.

Administrative charge: A nonrefundable fee for the administration of the impact fee program charged at the time a building permit or service connection is obtained.

Appurtenance: Any fixed machinery or equipment, structure, or other fixture associated with a capital facility that is necessary for the operation, use, or maintenance of a capital facility.

Capital facility: An asset having a useful life of three or more years that is a component of one or more of the categories of necessary public services provided by the City. A capital facility may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated financing and professional services. Wherever used herein, infrastructure shall have the same meaning as capital facilities.

Charter school: A school authorized under Title 15, Chapter 1, Article 8, Arizona Revised Statutes. For the purpose of determining impact fee charges, a charter school qualifies for the school facilities exemption under Section 29-4(B).

City: The City of Phoenix, Arizona.

Commercial/retail: A land use category that includes general retail, retail centers, specialty retail, discount stores, car sales, supermarkets, convenience markets, service stations, banks and savings and loans, motion picture theaters, and other commercial uses not elsewhere classified in other land use categories in this chapter. Lodging shall be considered a commercial/retail land use except for the purpose of determining the major arterials impact fee as provided in Appendix A of this chapter, Schedule E.

Community residence home: For the purpose of this article, community residence home has the same meaning as community residence home as defined in Section 202 of the City of Phoenix Zoning Ordinance.

Credit: A reduction in an assessed impact fee resulting from developer contributions to, payments for, construction of, or dedications for capital facilities included in an infrastructure financing plan, or as otherwise permitted under Section 29-12.

Credit agreement: A written agreement between the City and the developer(s) of a subject development which determines the total value of credits to be issued to a subject development.

Credit allocation: A term used to describe when impact fee credits are distributed to a subject development after execution of a credit agreement, but not yet issued with a permit associated with the subject development.

Credit issuance: A term used to describe when the amount an impact fee assessed on a permit associated with a subject development is reduced by credits allocated to the same subject development.

Day care center: A public/institutional land use that is a facility for the daily care of dependent populations including infants, preschool and young children as well as elderly persons, typically taking place during daylight hours, although they may also offer care at other hours of the day. Such facilities may include classrooms, offices, eating and sleeping areas, and playgrounds or outdoor recreation areas.

Developer: An individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation, State agency, or other person or entity undertaking land development activity, or their respective successors and assigns.

Development agreement: An agreement prepared in accordance with Section 9-500.05, Arizona Revised Statutes, which may include provisions regarding impact fee credits for a development and/or reimbursement to a developer for providing capital facilities included in the infrastructure financing plan.

Development occupational fee (DOF): A fee charged by the City of Phoenix at the time water and/or wastewater service is requested, pursuant to the provisions of Ordinances G-2664, G-2665, G-2666, and G-2667, as amended. A development occupational fee is not an impact fee.

Dwelling unit: A house, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters.

EDU (equivalent demand unit): A standardized measure of the demand that a particular land use type places on each category of necessary public service, in relation to the demand placed on the same necessary public service by a detached single-family dwelling unit. An EDU shall be a service unit for purposes of Section 9-463.05(T)(10), Arizona Revised Statutes.

EDU factor: A ratio determined by dividing an indicator of the use type demand by an indicator of the detached single-family dwelling unit demand. The EDU factor for a single-family dwelling unit is one.

Equipment: Machinery, computers, communication systems, tools, materials, and other supplies, but not including vehicles, that are needed by a capital facility to effectively provide the level of service specified by the infrastructure financing plan.

Financing or debt: Any debt, bond, note, loan, fund transfer or other obligation utilized to finance the construction or expansion of a capital facility identified in the infrastructure financing plan.

Fire protection: A necessary public service that includes fire stations, fire equipment, fire vehicles and all appurtenances for fire stations. Fire protection does not include vehicles and equipment used to provide administrative services, or helicopters or airplanes. Fire protection does not include any facility that is used for training firefighters from more than one station or substation.

General Plan: The General Plan for the City of Phoenix, Arizona, as may be adopted or amended.

Gross impact fee: The total impact fee to be assessed against a subject development, prior to subtraction of any offsets. The gross impact fee is calculated by multiplying the gross impact fee per EDU (for each category of necessary public service) by the applicable number of EDUs within the subject development.

Gross impact fee per EDU: The total future capital costs listed in the infrastructure financing plan for a category of necessary public service divided by the total new EDUs projected in that area for that category of necessary public service over the same time period.

Hospital: A public/institutional land use that is an institution for the diagnosis, care or treatment of two or more unrelated persons suffering from illness, injury, or deformity or for the rendering of obstetrical or other professional care, other than in an emergency, where overnight accommodations are provided. The term hospital shall not be construed to include the office of a physician or practitioner.

Impact fee: A fee charged pursuant to Section 9-463.05, Arizona Revised Statutes. Wherever used herein, impact fee shall have the same meaning as development fee as used in Section 9-463.05, Arizona Revised Statutes.

Impact fee area: An area specified in the approved IFP within which development will be served by capital facilities at a planned level of service and within which a substantial nexus (or direct benefit, as required by Section 9-463.05, Arizona Revised Statutes) exists between the capital facilities and the development being served as prescribed in the applicable infrastructure improvements plan. Some or all of the capital facilities providing service to an impact fee area may be physically located outside of that area.

Impact fee study: The written report developed pursuant to Section 29-8 that meets requirements as set forth in Section 9-463.05, Arizona Revised Statutes.

Industrial/warehouse: A land use category which may include one or more of the following: manufacturing, fabrication, processing, assembly, storage and distribution of raw materials and goods, including agricultural products and may also include office and maintenance areas. Only office areas that are accessory to an industrial/warehouse use shall be considered industrial/warehouse for the purpose of assessing impact fees. Mini warehouse shall be considered an industrial/warehouse land use except for the purpose of determining the major arterials impact fee as provided in Appendix A of this chapter, Schedule E.

Infrastructure financing plan (IFP): A single, coordinating document developed pursuant to Section 29-8 consisting of the land use assumptions, infrastructure improvements plans, and impact fee studies, plus other supporting documentation, required for each category of necessary public service for which an impact fee is charged.

Infrastructure improvements plan: A document or series of documents that meet the requirements set forth in Section 9-463.05, Arizona Revised Statutes, that are adopted pursuant to Section 29-8 to cover any category or combination of categories of necessary public services.

Land use assumptions: Projections of changes in land uses, densities, intensities and population for a service area over a period of at least ten years as specified in Section 29-8, upon which an infrastructure improvements plan is based.

Level of service (LOS): A quantitative and/or qualitative measure of a category of necessary public service. LOS may be measured differently for each category of necessary public service, as identified in the applicable infrastructure improvements plan.

Libraries: A necessary public service which includes capital facilities within which literary, musical, artistic, or reference materials are kept (materials may be kept in any form of media such as electronic, magnetic, or paper) for noncommercial use by the public.

Lodging: A land use that includes facilities designed for occupancy by transients or as a residence for periods of less than one year, including hotels, motels, time-shares and resorts. A facility approved under a separate building permit that is associated with, or accessory to, a lodging facility, and intended for use by lodging facility occupants and nonoccupants such as a restaurant, bar, retail shop, day spa, entertainment place, and conference or convention center shall be considered a separate land use for the purposes of this chapter.

Major arterials: A necessary public service encompassing roadway improvements included in the approved infrastructure financing plan and associated with public street projects on major arterial streets, as defined on the City’s adopted Street Classification Map. This necessary public service was formerly known as roadway facilities.

Mini warehouse: A land use predominated by facilities in which a storage unit or vault is rented for the storage of nonperishable goods. Each storage unit is physically separated and access is restricted.

Necessary public service: Necessary public service shall have the meaning prescribed in Section 9-463.05(T)(5), Arizona Revised Statutes.

Net impact fee: The gross impact fee minus any applicable offsets.

Nursing home: A public/institutional land use that is a health care institution which is licensed by the Arizona State Department of Health Services as a skilled nursing facility for two or more unrelated persons.

Office: A land use category that includes general office and medical-dental office buildings. A general office building houses multiple tenants; it is a location where affairs of businesses, commercial or industrial organizations, or professional persons or firms are conducted. A medical-dental office is a facility that provides diagnoses and outpatient care on a routine basis but is unable to provide prolonged in-house medical or surgical care. An office building may contain a mixture of tenants, and accessory tenant services such as a bank or savings and loan, a restaurant or cafeteria, and service retail facilities.

Offset: An amount which is subtracted from the overall costs of providing necessary public services to account for those capital components of existing infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for impact fees), and other revenue sources, as determined by the City pursuant to Section 29-8.

Paradise Ridge impact fee area: Parcels of land located in the vicinity of State Route 101 and 64th Street. The boundaries of the Paradise Ridge impact fee area are delineated by the Rawhide Wash floodplain.

Parking structure: A multi-level structure built for the purpose of parking vehicles.

Parks: A necessary public service including but not limited to public parks, swimming pools and related capital facilities and equipment located on real property not larger than 30 acres in area, as well as public parks larger than 30 acres where facilities provide a direct benefit. Parks may contain, provide access to, or otherwise support an excluded park facility.

Police: A necessary public service, including vehicles and equipment, that is used by law enforcement agencies to preserve the public peace, prevent crime, detect and arrest criminal offenders, protect the rights of persons and property, regulate and control motorized and pedestrian traffic, and other duties as prescribed by law. Police facilities do not include vehicles and equipment used to provide administrative services, or helicopters or airplanes. Police facilities do not include any facility that is used for training officers from more than one station or substation.

Private school: A public/institutional land use that is an institution of learning offering education for children which charges students tuition, including some or all of the grades from kindergarten through twelfth grade. The site may contain athletic, dining, assembly and recreation facilities.

Public school: A public/institutional land use that is an institution of learning offering free education for all children, including some or all of the grades from kindergarten through twelfth grade. The site may contain athletic, dining, assembly and recreation facilities.

Public/institutional: A category of land use that includes private schools, colleges and universities, hospitals, nursing homes, religious facilities, day care centers, and other similar public and quasi-public uses when not elsewhere classified in other land use categories in the fee schedule.

Religious facility: A public/institutional land use that is a facility for public worship services such as a church, synagogue, mosque, or temple which may include an assembly hall, sanctuary, meeting rooms, classrooms, and kitchen. Other uses located on the premises of a religious facility that operate independently shall not be considered part of the religious facility for the purpose of assessing impact fees.

Residential, multi-family: A category of land use which typically has three or more dwelling units per lot. For the purpose of assessing impact fees, dwelling units which receive water service from a shared public water meter (excluding permitted single-family guesthouses) will be deemed multi-family.

Residential, single-family: A category of land use which typically has one or two dwelling units per lot (not including guesthouses and other permitted accessory structures). For the purpose of assessing impact fees when more than two dwelling units per lot exist (such as for duplexes, triplexes, and developments subdivided by a horizontal property regime), any dwelling unit having a separate public water meter will be deemed single-family.

Shade structure: A structure whose primary purpose is to provide shade.

Storm drainage: A necessary public service including but not limited to regional drainage facilities (such as channels and retention/detention basins, plus related equipment) needed to provide sufficient storm water management for areas defined in the infrastructure improvements plan.

Subject development: A land area regulated by the same final site plan, final subdivision plat, planned community district master plans, planned unit development, specific plan, or similar as allowed by the Planning and Development Director.

Substantial nexus: A substantial nexus exists where the demand for or benefit derived from a necessary public service can be reasonably quantified in terms of the actual burden or benefit that such EDU will impose or receive on a given category of necessary public service.

Wastewater: A necessary public service including but not limited to sanitary sewers, lift stations, reclamation plants, wastewater treatment plants, and related equipment and appurtenances.

Water: A necessary public service including but not limited to those facilities necessary to provide for water services to a development, including the supply, transportation, treatment, purification and distribution of water, and any equipment and appurtenances required for those facilities. This category does not include water resource projects as defined in Chapter 30. (Ord. No. G-5984, 2015; Ord. No. G-6180, 2016; Ord. No. G-6666, § 1, 2020)