2026-0425 - City Code Section 20-13 (Street Improvements Costs Before Development) clean.pdf
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Section 20-13 -- Street Improvements Costs Before Development Where the City has determined during the initial Capital Improvement Program (CIP) adoption or scoping phase that certain streets within the City shall be constructed or improved prior to development of the property adjacent to such streets, the Council may order such streets to be constructed or improved at the City's initial expense. Such expense shall be apportioned among and levied as assessments upon the adjoining properties, subject to the following: A. Any assessment levied on property, if adjacent arterial streets are involved, shall not exceed the cost of improving more than one-half (1/2) of the width (as set forth in the latest version of the City's Engineering Design Standards) nor more than one thousand (1,000) lineal feet of such adjacent arterial street. B. At time of assessment, any benefiting parcel that is (i) being used for single family residential use, and (ii) does not exceed two hundred (200) lineal feet in width, shall not be assessed greater than one-half (1/2) the cost of the average residential street. C. No assessment shall exceed the actual project expenditures incurred by the City at the time of construction. Actual project expenditures (qualifying improvements) shall include the following: 1. Design 2. Acquisition of real property for right-of-way 3. Engineering 4. Construction 5. Testing 6. Inspection 7. Administrative charges 8. Utility relocation including tiling of irrigation ditches and storm drainage facilities 9. Decorative elements 10. Permanent street infrastructure, including: a. Curbs, b. Gutters, c. Sidewalks, d. Cement or asphaltic pavement, e. Tree removals, f. Ditch removals, g. Catch basins and retentions basins, h. Irrigation piping and structures, i. Streetlights, j. Traffic-control devices, k. Striping, l. Landscaping, m. Intersection construction, n. Miscellaneous removals, o. Any other elements as set forth in the City’s Engineering Design Standards. D. Temporary improvements shall not be included in calculating actual project expenditures. Section 20-13-1 -- Determination of Necessity and Initiation Procedure A. Determination of Necessity. A Determination of Necessity shall be submitted to the City Council during the early design or capital planning phase, when sufficient information exists to demonstrate: 1. Identification of benefitting parcels, 2. A map of the improvement area, 3. A preliminary estimate of project expenditures, and 4. justification of the project expenditures based on public health, safety, or welfare. B. Notice of Hearing. The City Council shall hold a public hearing on the Determination of Necessity. At least twenty (20) days prior to the public hearing, the City shall mail written notice to the owners of the benefitting parcels, as shown in the records of the Maricopa County Assessor (County Assessor records). The public hearing notice shall include: 1. Vicinity map of the benefiting parcels and street improvement project area, 2. Description of the proposed street improvement project, 3. Justification of the proposed street improvement project, 4. Preliminary estimate of the project expenditures, 5. Date, time, and location of the public hearing, and 6. Instructions for submitting written objections prior to the public hearing. C. Notice of Public Hearing. The public hearing notice shall be sent by (i) first class mail and (ii) certified mail or a recognized overnight delivery service. An affidavit of mailing such notice shall be filed in the office of the City Clerk. D. Objections. Property owners may file written objections with the City Clerk prior to the Determination of Necessity public hearing. The City Council shall consider all timely objections during the public hearing. E. Resolution of Intent. Upon approval of the Determination of Necessity, the City Council shall adopt a Resolution of Intent to proceed with the design and procurement process for the street improvement project including qualifying improvements. Section 20-13-2 -- Assessments A. Notice of Proposed Assessment. Upon completion of the street improvement project, the City Council shall, by resolution at a public meeting, determine the actual project expenditures for qualifying improvements and adopt final assessments against benefiting properties, consistent with the Determination of Necessity and Resolution of Intent. At least twenty (20) days prior to the public meeting, written notice shall be sent to the owners of all benefitted parcels. The notice to owners shall be sent by (i) first class mail and (ii) certified mail or a recognized overnight delivery service , and include the following information: 1. Parcel information (name of each property owner, each County tax parcel number, and any reputed street address, as shown in the County Assessor records), 2. Description of qualifying improvements, and 3. The final proposed assessment for each benefitted parcel. An affidavit of mailing the notice of proposed assessment shall be filed in the office of the City Clerk. B. Recording and abatement. The resolution adopted by the City Council confirming the assessment and describing the property against which the assessment is imposed shall be recorded in the office of the Maricopa County Recorder. The resolution confirming the assessment must include the following: 1. Legal description of the assessed property, 2. County tax parcel number of the property and any reputed street address, 3. Amount of the assessment, 4. Name of the property owner, and 5. Conditions that require payment of the assessment, including a statement that the assessment is due and payable at the time of the development of the property. Upon recording of the resolution, the amount so assessed shall be a lien upon the property assessed until the earliest of the following to occur: (i) payment of the assessment, prior to or at the time of the development of the property, and (ii) ten (10) years after the date of the resolution confirming the assessment, if such property has not been developed. Such recording shall be notice to all persons interested in the contents of the record. Section 20-13-3 -- Right-of-Way Costs When sufficient right-of-way is unavailable, the City may acquire it at its expense. The cost of acquisition shall be considered part of the improvement costs and subject to assessment. Costs associated with acquisition of temporary easements, including Temporary Construction Easements (TCE) and Temporary Drainage Easements (TDE), are excluded. Section 20-13-4 -- Collection of Assessment at the Time of Development A. Payment of Assessment. Unpaid assessments shall be due and payable in full upon the earliest of any of the following development of the property to occur: 1. Approval of a development site plan. 2. Approval of a final subdivision plat that will result in a subdivision pursuant to the City Development Code. 3. At the time of issuance of a grading permit. 4. At the time of issuance of a building permit. 5. Approval of a change in zoning granted by the City Council. B. Use at Time of Development. When such property is zoned for (i) agricultural use or (ii) residential use at the time of assessment by the City Council, development as set forth in subparagraph (A)(1) - (5) above shall also require a change of use or purpose. C. Payment; Satisfaction. Upon payment of the assessment in full or in part, a full or partial satisfaction evidencing payment shall be recorded in the office of the Maricopa County Recorder. Section 20-13-5 -- Appeals The resolution of Determination of Necessity made by the City Council following a public hearing shall be final and conclusive and, if such Determination of Necessity results in the assessment of property under this Section 20-13, it may be appealed by an aggrieved party to the superior court, in accordance with Arizona Revised Statutes Section 9-243(D). Section 20-13-6 -- Repayment Agreement Repayment agreements for off-site improvements that exceed a developer’s obligation shall be administered under Chapter 20 of the city code including but not limited to Section 20-11-7, Repayment Agreement. [end]