Supporting Document (f5ffed80...)
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658136 characters
Item 24
ancNUCH
REPORI
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74
Meeting Date: May 19,2026
Charter Provision: Provide for the orderly government and administration of the affairs of Scottsdale
Objective: Determine Policies
ACTION_________________________________________________________________
Accept citizen comments at a public hearing regarding proposed rates and fees
Adopt Rates and Fees Ordinances and Resolutions
Adopt Resolution No. 13658 and Ordinance No. 4708, amending Scottsdale Revised Code, Chapter 49,
Water, Sewer and Sewage Disposal sewer/water reclamation rates and miscellaneous rates and charges,
effective July 1, 2026, and adjusting water rate (volumetric and base) charges, effective November 1,
2026.
Adopt Ordinance No. 4709, amending Scottsdale Revised Code Chapter 24, Solid Waste Management
by adjusting solid waste rates and charges, effective July 1,2026,
Adopt Resolution No. 13661, authorizing and approving adjustments to the Planning & Development
Services Department fees and charges, July 1,2026.
Adopt Resolution No. 13655, authorizing and approving the Parks and Recreation Department schedule
of rates and fees, effective July 1,2026.
Adopt Resolution No. 13656, authorizing and approving adjustments to the Preserve Department
schedule of rates and fees, effective July 1,2026.
Adopt Resolution No. 13667, authorizing and approving the Scottsdale Stadium and Indian School Park
professional baseball facilities schedule of program charges, rentals, and event fees, effective July 1,
2026, and authorizing the City Manager or designee to execute Scottsdale Stadium and Indian School Park
use agreements with negotiated fees or fees for areas not typically reserved.
Adopt Resolution No. 13668, authorizing and approving the event directional street banner fees in the
Tourism & Events Department, effective July 1,2026.
Adopt Resolution No. 13665, authorizing and approving adjustments to the Human Services schedule of
program charges, rental fees, and fines, effective July 1,2026.
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Adopt Resolution No. 13660, authorizing and approving adjustments to the Library Department schedule
of program charges, rental fees, and fines, effective July 1,2026.
Adopt Resolution No. 13666, increasing Police Department hourly fees for off duty officers and
increasing vehicle use fees, effective July 1,2026.
BACKGROUND
Scottsdale’s Comprehensive Financial Policies and Governing Guidance require that enterprise fund
{Water, Sewer, Solid Waste Management, and Aviation) user fees and charges be examined annually to
ensure recovery of direct and indirect costs of service, debt service, provide adequate funding for future
capital needs and be approved by the City Council.
The financial policies also require that all other user fees and charges be examined periodically to
determine the direct and indirect cost of service recovery. The acceptable recovery rate and any
associated changes to user fees and charges are to be approved by the City Council. Based on these
policy directives, this report includes findings and recommendations for FY 2026/27.
FY 2026/27 proposed rate and fee changes were originally presented to the City Council on March 3,2026.
Further, the 60-day notice required under A.R.S. § 9-499.15 was posted on the city’s home page on March
19,2026, and the notice of intent to establish or modify fees was also posted on the city’s home page on
April 30, 2026, and distributed through the city’s social media accounts and other electronic
communication tools. The schedule of rates and fees and written report or supporting documents were
also filed in the office of the City Clerk.
IMPACT ANALYSIS
Enterprise Rates and Fees
As prescribed by Scottsdale’s adopted Comprehensive Financial Policies, the city sets rates for water,
wastewater, solid waste management, and aviation services customers based on an annually updated
five-year financial plan for each enterprise fund. The five-year plans are used to ensure that rate changes
generate sufficient revenues to cover costs of serving customers and to maintain adequate reserves in
accordance with the city’s adopted financial policies; reserve policies provide for contingencies and
stabilize rate increases over the five-year planning period. As part of the comprehensive planning effort,
the impact to the customer is carefully considered in determining the appropriate balance between utility
bill increases, system needs and affordability. To accomplish this objective, the city systematically
incorporates annual modest rate changes to meet current and future needs and strives to avoid acute
rate escalations in any one year.
Water and Sewer State Public Notification Process: State statutes establish the public notice and
public hearing processes to ensure that city water and sewer customers receive adequate notice to study
the rate report supporting the proposed rate increases and the opportunity to speak at a public hearing
regarding the proposed increases. State statutes require:
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•
Adoption of notice of intention to modify rates and miscellaneous water charges at a regular
Council meeting (February 24, 2026) and setting of a date for a public hearing (May 19, 2026) on
the proposed changes to be held not less than 60 days after adoption of the notice of intention;
•
Posting a written report or data supporting the changes with the City Clerk at least 30 days prior
to the public hearing (April 19,2026);
•
Publication of a notice of public hearing regarding the city’s intention to modify rates and
miscellaneous water charges in a newspaper of general circulation within the boundaries of the
municipality not less than 20 days priorto the public hearing date (April 29, 2026);
•
A public hearing at a City Council meeting (May 19, 2026);
•
Adoption of the proposed changes anytime afterthe public hearing (May 19, 2026);
•
Implementation of changes no sooner than 30 days after adoption (proposed water rates effective
November 1,2026, miscellaneous water charges and wastewater rates effective July 1,2026).
Recent Staff Action - Water and Sewer
In accordance with its adopted financial policies, the city completed the annual updates to the
comprehensive five-year financial plans that incorporate all projected operating and capital revenues and
expenses to determine the cash needs of the Water and Sewer Enterprise Funds. The city is proposing an
increase of 4.5% to each meter size and volumetric tier of the water system and a 3.5% increase to each
meter size and volume type of the sewer system. The city is also proposing an increase to miscellaneous
rates and charges to meet cost recovery requirements for services provided to specific customers. Based
on the updated five-year financial plans, a synopsis of revenue requirements and recommended
miscellaneous charges are explained below:
Water Fund
The Water Enterprise Fund is impacted by multiple cost factors over the five-year planning period
including:
•
Operating cost increases for raw water, to include current drought pricing, put in place by Central
Arizona Project (CAP),
•
Operating cost increases for electricity in the Arizona Public Service (APS) service area,
•
Costs associated with additional water source and supply,
•
Increasing cost for replacing and repairing aging infrastructure,
•
Operating cost increases for personnel services and benefits.
Increases to base fees are proposed to better reflect the recovery of fixed operating costs and adjusted
to capture the demand availability designed into the system. Increases to commodity rates are proposed
to generate sufficient revenues to maintain the water fund as a self-sustaining enterprise, encourage
efficient water use and urge conservation.
Overall, the water base fee and commodity rate changes are forecasted to generate an annual revenue
increase of approximately $6.3 million and proposed to become effective November 1, 2026.
The current and proposed base fees, tiers, and commodity rates are as follows:
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Base Fees (All Customers)
Size
Current Proposed
5/8” Meter
$15.75
$16.46
3/4” Meter
$21.85
$22.83
1” Meter
$31.45
$32.87
1.5” Meter
$62.90
$65.73
2” Meter
$78.70
$82.24
3” Meter
$173.05
$180.84
4” Meter
$275.35
$287.74
6” Meter
$550.50
$575.27
8” Meter
$943.65
$986.11
Ter
1
Residential Commodity Rates and Tiers
Current
Proposed
Rate From To Rate From
$1.72
0
5,000
$1.80
0
5,000
2
$3.24
5,001
12,000
$3.39
5,001
12,000
3
$4.75
12,001
20,000
$4.96
12,001
20,000
4
$6.27
20,001
30,000
$6.55
20,001
30,000
5
$8.05
Over 30,000
$8.41
Over 30,000
Rates are Per 1,000 Gallons
Multi-Family Residential/Commercial/Landscaping Commodity Rates
and Tiers
Current
Proposed
Tier I Rate From To Rate From
1
$1.72
2
$3.24
3
$4.75
4
$6.27
0
5,000
$1.80
0
5,000
5,001
12,000
$3.39
5,001
12,000
12,001 20,000
$4.96
Over 20,000
$6.55
12,001 20,000
Over 20,000
Rates are Per 1,000 Gallons
Wastewater (Sewer) Fund
The Wastewater Enterprise Fund is impacted by multiple cost factors over the five-year planning period
including:
•
Operating cost increases for electricity in the APS service area;
•
Increasing cost for replacing and repairing aging infrastructure;
•
Expansion of facilities and sewer line extensions within the service area that are not covered by
development fees;
•
Maintenance cost increases of system infrastructure due to increased system demand;
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Operating cost increases for personnel services and benefits.
Increases to base fees are proposed to better reflect the recovery of fixed operating costs and adjusted
to capture the demand availability designed into the system. Increases to volumetric rates are proposed
to reflect the cost of wastewater loadings by customer class and generate sufficient revenues to maintain
the wastewater fund as a self-sustaining enterprise.
Overall, the wastewater base fee and volumetric rate changes are forecasted to generate an annual
revenue increase of approximately $2.1 million and proposed to be effective July 1,2026.
The current and proposed base fees and volumetric rates are as follows:
Base Fees (All Customers)
Size
Current Proposed
S/8” Meter
$8.20
$8.49
3/4” Meter
$8.20
$8.49
1” Meter
$8.20
$8.49
1.5” Meter
$49.20
$50.92
2” Meter
$114.80
$118.82
3” Meter
$147.60
$152.77
4” Meter
$216.40
$223.97
6” Meter
$410.00
$424.35
8” Meter
$574.00
$594.09
Volumetric rates
Size
Current Proposed
Single Family Residential
$3.15
$3.26
Multi-Family Residential
$3.15
$3.26
Commercial without Dining
$3.15
$3.26
Commercial with Dining
$5.02
$5.20
Hotels without Dining
$3.15
$3.26
Hotels with Dining
$5.02
$5.20
Car Washes
$3.15
$3.26
Commercial Laundry
$4.13
$4.27
Laundromats
$3.15
$3.26
Metal Platers
$3.59
$3.72
Restaurants/Bakeries
$6.77
$7.01
Service Station Auto Repair
$3.17
$3.28
Medical Institutions
$3.15
$3.26
Schools
$3.15
$3.26
Rates are Per 1,000 Gallons
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Water and Wastewater Miscellaneous Rates and Charges
To address cost recovery, new hydrant meter volumetric and bulk water rates are proposed in addition to
increases to miscellaneous charges and are proposed to be effective on July 1,2026. These increases are
needed to meet the City’s financial policy that rates and charges recover all direct and indirect costs of
service. Miscellaneous rates and charges are assessed to specific users of the service so that general
rate payers do not bear the burden.
Increases to water miscellaneous rates and charges are proposed to maintain cost recovery for specific
services and are forecasted to generate an annual revenue increase of approximately $64,783 and be
effective July 1,2026.
The proposed miscellaneous rates and charges increase include:
Program/Fee
5/8" Meter Service Line
FY 2025/26 FY 2026/27 Change Revenue
Fee Assessed Current Fee Proposed Fee in Fee Change
per development
$2,400
$2,790
$390
$390
5/8" Meter Service Line
and Meter
per development
$2,690
$3,080
$390
$390
3/4" Meter Service Line
per development
$2,410
$2,800
$390
$390
3/4" Meter Service Line
and Meter
per development
$2,730
$3,120
$390
$1,170
1" Meter Service Line
per development
$2,440
$2,830
$390
$1,170
1" Meter Service Line
and Meter
per development
$2,880
$3,270
$390
$57,330
2" Meter Service Line
per development
$3,920
$4,090
$170
$340
2" Meter Service Line
and Meter
per development
$4,790
$4,960
$170
$850
Bulk Water Rate
per 1,000 gallons
$2.42
$2.53
$.11
$2,753
There are no miscellaneous rates or changes proposed for wastewater.
Changes to the City Code for housekeeping updates, including processes, definitions, and titles are
proposed to be effective July 1,2026.
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Solid Waste Fund
In accordance with its adopted financial policies, the city completed annual updates to the
comprehensive five-yearfinancial plans that incorporate all projected operating and capital revenues and
expenses to determine the cash needs of the Sol|d Waste Fund. A proposed increase of 2% to the
residential solid waste rate and various increases to the commercial solid waste rates reflected
increased costs of service provision based on a range of factors. The 2% residential rate will raise the
monthly rate for single-family home collection service by $0.64, from $31.78 per month to $32.42 per
month.
Revenue requirementsforthe Solid Waste Fund are pifimarily impacted by inflationary effects, landfill and
transfer disposal costs, fleet costs, and recycling market volatility and resulting costs. The national CPI
average was approximately 2.6% in 2025. These inflationary increases significantly impact the
commodities utilized by the Solid Waste Department, most notably byway of rising costs for Personal
Protective Equipment (PPE), equipment, parts, and more. These items are essential to daily operations
and are required for successful collection efforts across all programs. Landfill tipping costs have also
contributed to the need for additional revenues; a tipping fee increase of 2.7% became effective October
1, 2025. The transfer fee imposed on all tonnage that is transported via third-party hauler from the Solid
Waste Transfer Station to the landfill or recycling facility also increased 2^7% from $17.08 per ton to
$17.54 per ton.
The volatility of the recycljhg market also plays a role in the proposed rates and fees increases. The market
for recycled material remained mostly stable throughout much of FY 2024/25. Although supply chains
have Improved, inflationary impacts have resulted in less spending overall, thus translating to less
demand for recycled material and lower revenues. Markets have declined in FY2025/26, which has
translated to elevated costs to manage a ton of recyclable material, thus impacting the Solid Waste Fund
accordingly.
Overall, the residential solid waste rate changes are forecasted to generate an annual revenue increase
of approximately $671,293, or 2%. The proposed commercial refuse solid waste rate changes are
forecasted to generate an annual revenue increase of approximately $121,194, or 4%. The proposed
commercial front load recycle rate chariges are forecasted to generate an annual revenue increase of
approximately $5,612, or 4%. The proposed commercial recycle carts rate changes are forecasted to
generate an annual revenue increase of approximately $4,647 or 4.0%. The proposed roll-off rate changes
are forecasted to generate an annual revenue increase of approximately $20,493, or 4.0%. Proposed rate
increases for miscellaneous fees, such as the roll-off additional ton fee, are forecasted to generate an
increase of approximately $4,411. The roll-off additional ton fee has been increased from $49.23 per ton
to $50.70 per ton to reflect the actual cost of landfill disposal With the most recent landfill rate increases.
The roll-off compactor charge has increased from $57,20 to $59.49. All proposed rate increases, if
approved, will take effect July 1,2026.
The proposed monthly rates for FY 2026/27 are summarized in the following tables:
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Residential Solid Waste
Rcsiiitntlal Cart Rates* inckidcs lx wssk raAisc coRsctton tnd lx wmIc ncycHnc ooll6CSHon
Qimntllnidenltal Rites 'J Piwwaid Rtthfandil Rites
20 Gallons
$31.78
$32.42
90 Gallons
$31.78
$32.42
Additional Refuse Container
$16.13
$16.45
Total rate of $31.78 includes $0.08 fee
paid to the State of Arizona Section §
49.836
Total rate of $32.42 includes $0.08
fee paid to the State of Arizona
Section § 49.836
Commercial Solid Waste: Front Load
Container Ste
2 Cubic yard
Current Front Load Rates
Colectlon Frequency Per Week
2
3
4
$117.52
$235.05
$352.57
$470.09
$587.62
$705.14
3 Cubic Yard
$126.42
$252.85
$379.27
$505.69
$632.12
$758.54
4 Cubic Yard
$135.74
$271.47
$407.21
$542.94
$678.68
$814.41
5 Cubic Yard
6 Cubic Yard
$144.29
$288.59
$432.88
$577.17
$721.46
$153.19
$306.39
$459.58
$612.77
$765.97
$865.76
$919.16
8 Cubic Yard
$166.31
$332.63
$498.94
$665.26
$831.57
$997.89
Fiat Multi-Container Discount
Additional refuse containers of two or more will be discounted a flat ten (10) percent; discount applied to
least expensive container
container Ste
2 Cubic Yard
Proposed Front Load Rates
Cdectton Frequency ^ VYeek
2
3
4
4 Cubic Yard
3 Cubic Yard
$122.22
$131.48
$244.45
$262.96
$366.67
$394.44
$488.90
$525.92
$611.12
$657.40
$733.34
$788.88
$141.17
$282.33
$423.50
$564.66
$705.83
$846.99
5 Cubic Yard
$150.06
$300.13
$450.19
$600.26
$750.32
$900.39
6 Cubic Yard
$159.32
8 Cubic Yard
$172.97
Flat Multi-Container Discount
$318.64
$345.93
$477.96
$518.90
$637.28
$691.87
$796.60
$864.84
$955.92
$1,037.80
Additional refuse containers of two or more will be discounted a flat ten (10) percent; discount applied to
least expensive container
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Commercial Solid Waste: Roll Off
Current Roll Off Rates
QxitainarSte
20 Cubic Yard
$651.05
30 Cubic Yard
$651.05
40 Cubic Yard
$651.05
ConlalMrSte
20 Cubic Yard
$677.09
30 Cubic Yard
$677.09
40 Cubic Yard
$677.09
Commercial Solid Waste: Front Load Recycling
Current Front Load Recycling Rates
CollecUon Frequency Per Week
ContainerSbe
1
2
2CubicY^rd
$93.00
$186.00
3 Cubic Yard
$97.74
$195.49
4 Cubic Yard
$102.51
$205.03
6 Cubic Yard
$112.00
$224.00
8 Cubic Yard
$121.52
$243.05
f Proposed Front Load Recycling Rates
Collection Frequency Per Week
ContrinerStae
1
2
2 Cubic ^rd
$96.72
$193.44
3 Cubic Yard
$101.65
$203.31
4 Cubic Yard
$106.61
$213.23
6 Cubic Yard
$116.48
$232.96
8 Cubic Yard
$126.39
$252.77
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Commercial Solid Waste: Front Load Recycling
Current Reqrding Carts Rates
Qrftection Frequency Rer Week
» 1 2
90 Gallons
$14.30
$28.61
300 Gallons
$46.77
$93.54
Proposed
Carts Rto
^ ] Coleclion Frequency Per Week
e
1
2
90 Gallons
$14.87
$29.75
300 Gallons
$48.64
$97.28
[
Miscellaneous Fees
Current Miscellaneous Charges
■ I •
. 1
Roll Off Additional Compactor Fee
$57.20
Roll Off Additional Ton Fee
$49.23
Proposed Miscellaneous Charges
Roll Off Additional Compactor Fee
$59.49
Roll Off Additional Ton Fee
$50.70
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All Other Rates and Fees
Below is a summary of the other FY 2026/27 rates and fee proposals submitted for
consideration.
Planning and Development Services
The Planning and Development Services Department manages the development review process for the
city. Through this process, it regulates development and improvement of property within Scottsdale. Prior
to developing or improving properties, plans must be submitted for review. Upon plan approval, permits
must be obtained prior to commencing construction. Throughout and upon completion of construction,
development inspections occur to ensure the community’s health, safety and welfare. Rates and fees
are designed to recover the costs of providing these services related to the development process.
Per Scottsdale Revised Code Section 46-141, these fees shall be examined and may, by adoption of the
City Council, be adjusted to recover direct and indirect costs of providing services. During the annual
review of these rates and fees, it was determined that the following items need to be addressed for FY
2026/27.
Planning and Development Services - Base Rates and Fees
The Planning & Development Services Department has reviewed all departmental rates and fees and
determined the vast majority should remain at existing levels without increase. The only proposed
changes to the department rates and fees include new and modified fees associated with new land use
and adjusted land division case types to meet newly adopted State law mandates. New fees are
proposed for accessory dwelling units, middle housing and multi-family conversion (adaptive reuse) case
types. Modified fees are associated with land division case types.
Program/Fee
P&D Sarvices Rates & Fees
Fee
Current Fee
Proposed Fee
Increase
Revenue
Assessed
FY52025/26 FY 2026/27
per user
Change
Per rate or fee
varies
varies
varies
$85,038
Parks and Recreation
On July 18, 1988, the City Council passed Ordinance No. 2022 which established a process for setting
fees and charges for city recreation facilities, equipment, and programs. The ordinance, codified as
Scottsdale Revised Code Sections 20-51 and 20-52, establishes the authority of the City Council, from
time to time, to set all such fees and charges by Resolution. Fees are reviewed periodically per the city’s
adopted financial policies.
The Parks and Recreation fee review process includes cost recovery analysis, benchmarking, ensuring
fee consistency, and assessment of public and administrative impacts. During the annual review, it was
determined that the following rates and fees need to be adjusted;
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Program/Fee
YSFA Partner Daytime
Field Rental Rate
Fee
FY 2025/26
Assessed
Current Fee
Per hour
$5
FY 2026/27
Proposed Fee
$0
Change in
Fee
($5)
Revenue Change
($113,670)
YSFA Partner Evening
Field Rental Rate
Per hour
$12.50
$0
($12.50)
($284,175)
YSFA Partner Primary
Season Daytime Field
Rental Rate
Per hour
$0
50% of resident
rate (Current
Resident rate: $10)
$5
$68,200
YSFA Partner Primary
Season Evening Field
Rental Rate
Per hour
$0
50% of resident
rate (Current
Resident rate: $25)
$12.50
$170,500
YSFA Partner Non
primary season Daytime
Field Rental Rate
Per hour
$0
75% of resident
rate (Current
Resident rate: $10)
$7.50
$68,205
YSFA Partner Non
primary season Evening
Field Rental Rate
Per hour
$0
75% of the
resident rate
(Current Resident
rate: $25)
$18.75
$170,513
McCormick-Stillman
Railroad Park
Roundhouse Entry (1^*
Adult free with paid
child entry - Ages 2 and
under free)
Per Person
/ One Hour
of Play
$6 or two ride
tickets
$6 or two ride
tickets
$0
$0
Updated Youth Sports Field Allocation (YSFA) Partner Team field rental rates are being introduced to
include primary and non-primary season rates (formerly one rate year-round) to align with the recently
updated YSFA Policy. Primary season rates will remain at 50% of the current resident rate while non
primary season rates will be 75 percent of the current resident rate. The Roundhouse Entry fee at
McCormick-Stillman Railroad Park is also being formalized at the current pilot level of six dollars or two
ride tickets per one-hour session per person, following strong public use and cost-recovery
performance.
Preserve
Scottsdale Revised Code Section 21 -22 establishes processes for issuing special use permits for certain
activities in the McDowell Sonoran Preserve. Fees are reviewed periodically per the city’s adopted
financial policies.
On March 3, 2026, the City Council voted to accept the city’s proposed FY 2026/27 Rates and Fees with
amendments, with one amendment being removal of the proposed Annual Professional Photography
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Permit Fee, which had been recommended at $300 per day.
Program/Fee
Fee
Assessed I
FY 2025/26
FY 2026/27
Current Fee ^£ Proposed Fee
Current Fee y Propos'
sag^iaeBSiawllMPiii i i
Change in
Fee
Revenue Change
Annual Professional
Photography Permit
Daily
$300
$0
($300)
($3,900)
Enterprise Operations
Enterprise Operations Department is bringing forward two separate fee schedules for Scottsdale Stadium
and Tourism and Events.
Scottsdale Stadium
Scottsdale Stadium has not raised its base rates since Summer 2023. The operating costs to rent the
stadium have encountered inflationary pressures since 2023 (e.g. custodial costs have increased 10% in
2023 and 6.5% in 2024). To counter these inflationary pressures, the proposed fee increases for Scottsdale
Stadium are 5%.
A pilot fee for the First Base Patio was introduced in 2024 as it was a newly constructed space. This pilot fee
was successful at attracting reservations at the established price, which matches the Charro Lodge (a
similar space). The First Base Patio pilot fees is being proposed to be made permanent.
Based on the success of the pilot First Base Patio fee, a new Left Field Berm Patio fee (a new space as of
last Spring) is being proposed to continue to encourage clients to rent multiple outdoor spaces to create
their ideal events. The initial proposal is that Left Field Patio fees match the same rate as the First Base Patio
fee due to the similar size of the two spaces.
The proposed locker room fees are based on the City’s actual costs to prepare and maintain these spaces
for events. Lower-level rates cover custodial expenses and staff time for setup. The upper-level rate
reflects its higher-end finishes and capacity of about 85 people, and it is set proportionally to similar event
spaces such as the Banyan Room.
Program/Fee
Scottsdale Stadium
Fee Assessed
Per day or half
day
FY 2025/26
FY 2026/27
Current Fee Proposed Fee
Change in Fee
Revenue
Change
Varies
Varies
Varies
$90,895
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Tourism and Events - Event Directional Banner Fees
As adopted by City Council in January 2011, city staff established an Event Directional Banner Program that
allowed special events to supply event banners to be hung on city owned street light poles in Old Town,
North Scottsdale, and two horizontal banners across Scottsdale Road in Old Town. The city contracts with
a third-party for banner placement.
Currently, the horizontal banner fee for rental clients is $150 per banner and the vertical bannerfee is $25
per banner. The proposed banner fees will phase in a 3-year cost recovery approach to reach 100% cost
recovery by FY 2028/29.
Program/Fee Fee Assessed
Horizontal Banner
Fee
per banner
FY 2025/26 FY 2026/27 Change Revenue
Current Fee Proposed Fee in Fee Change
$150
$200
$50
$1,100
Vertical Banner Fee
per banner
$25
$33
$8
$11,200
Library
The Library Department is dedicated to supporting Scottsdale’s educational, cultural, and community life
through a broad array of public services and accessible learning environments. The department operates
four public branches—Civic Center, Mustang, Appaloosa, and Arabian—which provide lifelonglearningand
literacy opportunities through physical and digital collections, early-literacy support, educational
programming, meeting spaces, technology access, and community partnerships.
Each library branch plays a unique role in serving Scottsdale residents, offering everything from children’s
storytimes and STEAM workshops to career support, digital literacy assistance, author talks, and meeting
room access for community groups. Library facilities remain free for general public use, with fees applied
only to certain reservable spaces, program-specific charges, or service-related fines that help recover
direct costs.
As part of the annual review, the Library Department evaluated its Schedule of Program Charges, Rental
Fees, and Fines. This review is conducted to maintain consistency with established cost-recovery policies,
ensure clarity for users, and support maintenance of public facilities. Following the review, the Library
determined that the following updates are necessary for FY 2026/27:
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Program/Fee Fee Assessed
FY 2025/26 FY 2026/27 Change in Revenue
Platinum Room
booking fee
Current Fee Proposed Fee
Per hour
$0
$10
Fee
$10
Change
$5,000
Collaboration
Room booking fee
Per hour
$0
$5
$5
$2,500
Collection Agency
Fee
Per borrower
with long
overdue
materials
$0
$15
$15
$9,000
3D-Printer Usage
Fee
Per gram
$0
$0.10
$0.10
$500
Human Services
The Human Services Department enhances Scottsdale’s quality of life by providing a continuum of
programs and support services for residents of all ages and income levels. Human Services operates the
Granite Reef and Via Linda senior centers, the Paiute Neighborhood Center, Vista del Camino Community
Center, the Family Resource Center, Youth & Family Services (a state-licensed behavioral health provider),
and the Housing & Community Assistance Office, which administers federal, state, and local programs.
Human Services programs include aging-in-place supports, crisis assistance, short-term emergency
services, youth and family counseling, housing navigation and rent assistance, enrichment classes, fitness
and wellness opportunities at senior centers, and community engagement programming. Fees in this
department are designed to recover only a portion of direct costs so programs remain broadly accessible
to vulnerable and low-income residents.
As part of its annual review, the Human Services Department evaluated its Schedule of Program Charges,
Rental Fees, and Fines to ensure fee structures remain transparent, equitable, and aligned with
cost-recovery guidelines.
Police Department
Off-Duty Officer Rate Adjustment
As a service to the Community, the Scottsdale Police Department fulfills requests to hire off-duty sworn
employees for police-related duties such as security and traffic control at events or in unique situations
(e.g., construction zones) within the city. Current off-duty rates are $75 per hour for Officers, $85 per hour
for Sergeants, and $95 per hour for Lieutenants. Proposed off-duty rates are $85 per hour for Officers, $95
per hour for Sergeants, and $105 per hourfor Lieutenants. Holiday pay is set at 1.5xthe rate.
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The proposed increase to the off-duty rate will provide officers with a more competitive hourly wage
compared to surrounding valley agencies. The off-duty fee for Police Department staff has not been
updated since FY2024/2025. Since the last update of this fee. sworn officers have received pay increases
in addition to the fixed step pay increments. Based on comparisons of other local peer agencies,
Scottsdale’s current off-duty rates place the city in the lower half of the regional market for sworn officer
services. The Police Aide rate will remain unchanged; the proposed adjustment applies only to sworn officer
pay.
Program/Fee Fee Assessed
FY 2025/26 FY 2026/27 Change Revenue
Off-Duty Officer
Current Fee Proposed Fee in Fee
Per Hour
$75
$85
$10
Change
$0
Off-Duty Sergeant
Per Hour
$85
$95
$10
$0
Off-Duty Lieutenant
Per Hour
$95
$105
$10
$0
Off-Duty Officer -
Holiday
Per Hour
$112.50
$127.50
$15.00
$0
Off-Duty Sergeant -
Holiday
Per Hour
$127.50
$142.50
$15.00
$0
Off-Duty Lieutenant -
Holiday
Per Hour
$142.50
$157.50
$15.00
$0
Vehicle Use Fee
As a service to the community, the Scottsdale Police Department fulfills requests to hire off-duty sworn and
professional staff employees for police-related duties within the city. In addition to personnel services,
police vehicles are often required to ensure these duties are fulfilled effectively. The Vehicle Use Fee aids
in recovering some of the costs associated with the use of city owned vehicles and the proposed increase
would bring the rate into alignment with comparable valley agencies. The current rate is $7 per hour, and
the proposed rate is $8 per hour.
Program/Fee Fee Assessed
Vehicle Use Fee I Per Hour T
FY 2025/26
Current Fee
$7
FY 2026/27
Proposed Fee
$8
T
Change
in Fee
$1
Revenue
Change
1
$3,571
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RESOURCE IMPACTS
Water Resources
Estimated additional Water Funds revenue from adjusted rates/fees is $8.4 million for FY 2026/27.
SqlidWaste
Estimated additional Solid Waste Fund revenue from adjusted rates/fees is $827,649 for FY2026/27.
Planning and Development Services
Estimated additional General Fund revenue froiri the adjusted fees is $85,038 for FY 2026/27.
Parks and Recreation
Estimated additional Special Programs Fund revenue from the adjusted fees is $79,573 for FY 2026/27.
Preserve
Estimated reduction in General Fund revenue from the adjusted fees is $3,900 for FY 2026/27.
Scottsdale Stadium
Estimated additional Stadium Facility Fund revenue from the adjusted fees is $90,895 for FY 2026/27.
Tourism and Events
Estimated additional General Fund revenue from adjusted fees is $12,300 for FY 2026/27.
Library
Estimated additional General Fund revenue from adjusted fees is $17,000 for FY 2026/27.
Human Services
No fee changes are proposed for the Human Services Department for FY 2026/27, resulting in no revenue
impact. A separate Human Services resolution is being presented to formally establish an independent
fee schedule forthe departrheht following its organizational separation frorri the Library, as advised by the
City Attorney’s Office to ensure clearer governance and administration of fees going forward.
Police Department
Estimated additional General Fund revenue from the adjusted fees is $3,571 for FY 2026/27.
OPTIONS & STAFF RECOMMENDATION
Water Resources
Option A (Staff Recommendation):
Adopt Resolution No. 13658 and Ordinance No. 4708, amending Scottsdale Revised Code, Chapter 49,
Water, Sewer and Sewage Disposal sewef/water reclamation rates and miscellaiieous rates and
charges, effective July 1,2026, and adjusting water rate (volumetric and base) charges, effective
November 1,2026.
Option B:
Do not adopt Resolution No. 13658 and Ordinance No. 4708.
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SotidWaste
Option A (Staff Recommendation):
Adopt Ordinance No. 4709, amending Scottsdale Revised Code, Chapter 24, Solid Waste Management
by adjusting solid waste rates and chargeSi effective July 1,2026.
Option B:
Do not adopt Ordinance No. 4709.
Planning and Development Services
Option A (Staff Recommendation):
Adopt Resolution No. 13661, authorizing and approving adjustments to the Planning and Development
services department’s fees and charges, effective July 1,2026.
Option B:
Do not adopt Resolution No. 13661.
Parks and Recreation
Option A (Staff Recommendation):
Adopt Resolution No.13655, authorizing and approving the Parks and Recreation and Preserve
Department schedule of program charges, rental fees, and fines, effective July 1,2026.
Option B:
Do not adopt Resolution No.l 3655.
Preserve
Option A (Staff Recommendation):
Adopt Resolution No.l 3656, authorizing and approving the Preserve Department schedule of program
charges, rentalfees, and fines, effective July 1,2026.
Option B:
Do not adopt Resolution No.l 3656.
Scottsdale Stadium
Option A (Staff Recommendation):
Adopt Resolution No. 13667, authorizing and approving the Scottsdale Stadium and Indian School Park
professional baseball facilities schedule of program changes, rentals, and event fees, effective July 1,
2025.
Option B:
Do not adopt Resolution No. 13667.
Tourism and Events
Option A (Staff Recommendation):
Adopt Resolution No. 13668, authorizing and approving adjustments to the Tourism and Events
Department schedule of program charges, rental fees, and fines, effective July 1,2026.
)
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Option B:
Do not adopt Resolution No. 13668.
Human Services
Option A (Staff Recommendation):
Adopt Resolution No. 13665, formally establishing an independent Human Services Department fee
schedule following its organizational separation from the Library, with no changes to existing fees and no
revenue impact for FY 2026/27.
Option B:
Do not adopt Resolution No.13665.
Library
Option A (Staff Recommendation):
Adopt Resolution No. 13660, authorizing and approving adjustments to fees and charges in the Library
Department, effective July 1,2026.
Option B:
Do not adopt Resolution No.13660.
Police Department
Option A (Staff Recommendation):
Adopt Resolution No. 13666, authorizing and approving adjustments to fees and charges in the Police
Department, effective July 1,2026.
Option B:
Do not adopt Resolution No.13666.
RESPONSIBLE DEPARTMENT(S)
Water Resources, Solid Waste, Parks and Recreation, Preserve, Scottsdale Stadium, Tourism and
Events, Library, Human Services, and Police Department
STAFF CONTACT(S)
David Walby, Interim Sr. Director Water Resources, DWalbv@scottsdaleaz.gov
Dave Bennett. Solid Waste Department Director, DBennett@Scottsdateaz.Gov
Erin Perreault, Sr Director Planning & Development Services, EPerreault@scottsdaleaz.gQv
Nick Molinari, Sr. Director Parks and Recreation and Preserve, NMolinar@scottsdaleaz.gov
Kyle Urban, Sr Manager Stadium Operations, KUrban@scottsdaleaz.gQv
Kevin Burke. Sr Director Economic Development & Tourism, KBurke@scQttsdaleaz.gov
Mary Witkofski, Interim Human Services Director, MWitkofski@scottsdaleaz.gov
Mike Beck, Library Department Director, MBeck@scottsdaleaz.gov
Joseph LeDuc, Police Chief, JLeDuc@sr:nttsrlalfta7.gnv
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APPROVED BY
Sonia, ^ndretus
in-ni M'iT
Sonia Andrews, City Treasurer/Ghief Financial Officer
(480) 312-2364, SAndrews@ScottsdaleAz.gov
Greg Catdn, City Manager
(480) 312-7759, GCaton@ScottsdaLeA2.gov
Date
5/5/26 09:09 MST
Date
ATTACHMENTS
1. Resolution No. 13658
2. Ordinance No. 4708
3. Ordinance No. 4709
4. Resolution No. 13661
5. Resolution No. 13655
6. Resolution No. 13656
7. Resolution No. 13667
8. Resolution No. 13668
9. Resolution No. 13665
10. Resolution No. 13660
11. Resolution No. 13666
20 [Page
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RESOLUTION NO. 13658
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY, ARIZONA, DECLARING AS A PUBLIC RECORD THOSE
CERTAIN DOCUMENTS FILED WITH THE CITY CLERK OF THE CITY OF
SCOTTSDALE AND ENTITLED "CHAPTER 49, SCOTTSDALE REVISED CODE
- WATER, SEWERS AND SEWAGE DISPOSAL."
WHEREAS, the City of Scottsdale desires to continue to accommodate community needs for
utility services without decreasing current standards of public health;
WHEREAS, the City desires to adjust the current costs to provide water and sewer service
in the City of Scottsdale to meet present and increasing demand and recover costs using a fair
and proportionate structure;
WHEREAS, the City further desires to amend the provisions of Chapter 49 to provide clarity
of language and improve the operations of the Water Resources Division of the City; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scottsdale,
Maricopa County, Arizona, as follows:
Section 1. Those certain documents entitled “Chapter 49, Scottsdale Revised Code -
WATER, SEWERS AND SEWAGE DISPOSAL”, attached as Exhibit A, a paper and electronic
copy of which is on file in the office of the City Clerk are, by this Resolution, declared to be a
public record, and an original copy and one electronic copy are ordered to remain on file with the
City Clerk.
PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County,
Arizona this_____day of_______________ , 2026.
ATTEST:
CITY OF SCOTTSDALE, an Arizona
municipal corporation
Ben Lane, City Clerk
Lisa Borowsky, Mayor
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
A
_uis E Santaella/City Attorney
By: Karen Tyler, Principal Assistant City Attorney
19092588
Resolution 13658
Page 1 of 1
ATTACHMENT 1
VOLUME II -
Chapter 49 WATER, SEWERS AND SEWAGE DISPOSAL
Chapter 49 WATER, SEWERS AND SEWAGE DISPOSAL^
ARTICLE L IN GENERAL
Sec. 49-1. Taxes and fees.
Where applicable, prfvllege'tax, other taxes, and fees will be applied on all services provided by the City in
Chapter 49, Water, Sewers, and Sewage Dispo^l unless otherwise exempt
Secs. 49-2—49-15. Reserved.
ARTICLE II. MUNICIPAL WATER SYSTEM
DIVISION 1. GENERALLY
Sec. 49-16. Definitlohs.
The following words, terms and.phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context dearly Indicates a different meaning:
Account bolder means the person, persons or entity In whose name a City water service account |s
established In accordance with the procedures Kt forth in this Chapter.
Advanced WaterPurlflcatloh{AWP).refer% to the process of using advanced technologies tb treat and purify
treated wastewater Into safe drinking water.
Advanced Water Puriflcatlon Rule (AWPA/means ADECl’s rule establishing a permitting process for allowing
advanced treated recyded water to be a source for drinking water.
Approved means accepted by the Water Re^urces Division as either meetihg an applicable spedficatlon
stated or cited in this chapter, or suiteble for the proposed use.
*Editor‘s.notB(s)-Ord. No. 4541, I lfRes. No. 12456, § 1, Exh. A), adopted May 17,2022, effective July 1, 2022,
amended ch. 49 In its entirety to read as herein set out The former ch. 49, §§ 49-1,49^16—4940,49-46—
49-66,49^8,49-69,49-71-49-103, 49-115-49-127, 49-141-t49-150, 49-161-49-169, 49-181-49-186,:
49-211-49-227,49-231,49-241-49-259,49-263, 49-264, pertained to similar subject nratter See the Code
Comparative Tables for coinplete derivation.
Amendments to the ordinance are Indicated by parenthetical history notes following amended provisions.
The absence.of a History npte Indicates that the provision remains unchanged from the original ordinance.
Obvious tnisspeilings and punctuation errors have been corrected without notation. Additions niade for
clarity are Indicated by brackets.
Cross reference(s)-Solld waste, Ch. 24; plumbing code, .§ 31-166 et seq.
Scottsdale, Arizona, Code of Ordinances
(Supp.No.79)
Created: 2029-16-27 10:51:55 [ESTj
Page 1 of 122
Exhibit A
Resolution 13658
Page 1 of 122
Arizona Department of Environmental Qualify (ADEQ) means the AHzona agency responsible for
administering the state's environmental laws and delegated federal programs.
Assembly/ means a mechanical device located between two (2) tightly closing resilient-sealed shut-off valves"
with properly located resilient-sealed test cocks designed to prevent backflow.
eockjf/ow means the reversal of the normal flow of water caused by either backpressure or backsjphonage.
Backpressure means any elevation of pressure in a user's water supply system, above the pressure of the
potable water supply system, which could cause water or other liquids, mixtures or substances to flow from a
user's water supply system Into the distribution system of the potable water supply s^tem.
Backslphoriage means a reversal of the normal flow of water caused by a reduction of pressure in the
potable water supply system which causes the flow of water or other liquids, mixtures or substances from a user's
water supply system Into the distribution system of the public potable water supply system.
Backflow prevention assembly means an approved assembly. In accordance with 49-61, or means designed
to prevent the reversal ofthe normal flow of water caused by either backpressure or back siphonage.
Building Includes biit Is not limited to a walled and roofed structure built, constructed, or pre-manufactured
above or below grade and Is used or Intended for supporting Or sheltering any use or occupancy.
Certified tester means an Individual certified and approved by an agency recognized by .the Water Resources
Division to conduct testing on backflow prevention assemblies.
Chemical Inventory means allst Of chemicals that are used, stored or discharged by rxin-resldential
dischargers.
aty means the City of Scottsdale, Arizona.
Code means the Scottsdale Revised Code.
Cooling water rheans any discharge from any heat transfer system such as.condensation, air conditioning,
cooling or refrigeration into the sewer system.
Commercial/Industrial and Non-Residentlal means all customer classifications serviced by a water meter,
except Single-Family Residential and Multl^amlly Residential and are connected to a sewer or septic system.
Construction meter means a water meter connected directly to the,City's water distributiph system and used
for large scale projects. The meters are temporary and may not be utilized beyond one (1) year unless approved by
the division director;
Csntamfnatfori means an Impairment in the quality of potable water, by sewage. Industrial fluids, waste
liquids, compounds or Other material or fluids, to a degree which aeates an actual hazard to.the public health by
poisoning or the spread of disease.
Contractor (synonymous with "builder") means a person or firm who undertakes to or offers to undertake to,
or purports to haye capacity to uriderfeke to, or submits a bid to, or does thernself or by or through others
construct> alter, repair, add to, subtract.from. Improve, move, wreck or demolish any buI.lding,.hIghWay, road,
railroad, excavation or other structure, project, development or Improvement or to.do any part thereof. Including
the erectlon of a scaffolding or other structures or works In'connectlon therewith, and Includes subcontractors,
specialty contractors, developers and speculative builders.
' Cross-connection means any unprotected actual Or potential connection or other arrarigementof piping or
fixtures between a piping system containing potable water and a piping system containing nonpotable water,
waste fluids, industrial fluids, or any other fluids or substances of questionable safety for hurnan consumption;
thrOu^ which, or because of which, backflow can or may occur lnto the public potable water systerh. Cross-
cpnhectiOns Include any temporary connections such as sw|rig connections, rernoyable sections, fpUf-way plug
Crcited: 2023-19-27 10:32:31 [EST]
(Supp. No. 79)
Page 2 of 122
Exhibit A
Resolution 13658
Page 2 of 122
valves, spools, dummy sections of pipe, swivel or change-over devices,-sliding multiport ^bes, hose connections,
or any other temporary or permanent devices, through which, or because of which, backflow can or may occur.
Customer supply line means the water line that extends from the nieter to the user.
Customer water supply system means the water distribution facilities commencing atthe discharge point of
the customer supply line.
Department director of business services means the business services department director of the City
revenue collection function or their duly authorized agent including, but not limited to, the revenue collector and
utility billing office.
Oeve/oper shall include the individual, firm, corporation, partnership, assoclat'ion, syndication, trustor other
legal entity which Is responsible for facilitating the ovvher’s demand on the City Water or sewer facilities and
creates structures on that land. The Develpper/and Owner may be the same.
Distribution system means the'network of conduits used to deliver potable water from the source facilities to
the user's water supply system.
,
Diybtorj means the City of Soottsdale Water Resources Division.
Division director means the division director of Water Resources or designee.
Domestic woter means water supplied through the pipes of the water system of the Qty.
Enhanced.^urce Control POTW Operational Parameters means contaminants that Indicate potential
treatment interference, pass-through, a violation of ah AWP action leyel.or othenwise idehtified in the AWPR or
found to be constituents of concern by the Division.
Facility means any land, building, installation, structure, equipment, device, conveyance,,area,:or.source
from which there IS or. With reasonable probability, may be a discharge.
fixtures. See "Plumbing fixture."
Frcntqge means the entire length of that portion of a parcel of property that abuts a public street, public
easement, or public Rtght-of-Way.
Hazard, degree of means tine potential risk to the public health and adverse effects of the hazard upon the
public potable water distribution system.
Hydrant meter means a water meter connected to a designated City fire hydrant and Is typically used for
temporary projects. The meters are temporary and may not be. utilized beyond one (1) year unless approved by
the division director.
Industrial fluid system means any system containing a fluid or solution which Is chemically, biologically or
otherwise contaminated or polluted In a foml or concentration such as would constitute a health, systern,
nonhealth or plumbing hazardTf introduced irifo the public potable water system, this.may include, but shal( not
be limited to, polluted or contaminated waters; all types of process waters, Sevyage and used waters originatihg
from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form;
plating acids and alkalies; circulated cooling waters connected to an open cooling tower and/br cooling waters that
are Chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such.as from
wells, spring, streams, drainage ways; Irrigation canals of systems; oils, gases, glycerine, paraffins, caustic and acid
solutions and other liquid and gaseous fluids used in Industrial or other processes or for firefighting purposes.
Manifold rneter means Installation of more than one water meter onto a single water service line that Is
connected to the public main.
Crated; M23-IB-27 16:51:51 [EST]
(Supp. No. 79)
Page 3 of 122
Exhibit A
Resolution 13658
Page 3 of 122
Mixed use development means a real estate project with planned Ihtegratlcin of some combihatioh Of retail,
office, residentiai, hotel, recreation, industrial or other functions..A separate^meter may be required for each of
the user codes provided for in section 49-141(g).
Muld-FamHy Residential means more than one (1) dwelling unit is serviced by a singie water meter and is
connected to ajMwer or septic system.
MultPfamlly Residential, Commercial, Industrial and Non-Residentlal Landscape/Irrigation means any
unoccupied open area which Is not connected to a sewer or septic system and excludes Single-Family Residential
Landscape/lrrlgatlon.
Won-comp/fafit means falling to satisfy the requirements of this article.
Nonpotable water means water which is not safe for human consumption or which Is of questionable quality
for human consumption.
Notice means a written Instrument served by the Qty, astollows, with time commencing from date of
mailing, seiving, filing or recording:
(1)
By the use of ordinary mall to the last known address of the person to whom It Is required to be given;
(2)
By personal service; or
(3)
Byfllingbrrecordingwithaderkofthesuperlorcourtorcountyrecorder.
Owner or builder means a person who owns or leases real property within the City or their authorized
representative, acting as a contractor In constructing any improvement upon tiie real property, which real
property as Improved.ls held by such person for their use or for rental, lease or sale purposes.
Pemilt means any required written au^prlzatioh.
Plumbing Fixture means any receptacle, device, or appliance which Is supplied with water (excluding hose
bibbs and fire protection systerris) or receives liquid borne waste for discharge Into the on-site septic or Publicly
Owned Treatment Works.
Pollutlon means the presence of any foreign substance (organic, inorganic or biological) In water which tends
to degrade Its quality or impair Its usefulness to a degree which does not aeate an actuaihazard to the public
health, but which does adversely and unreasonably affect such water for domestic use.
Ppmble water means any water which Is Safe for human consumptlori pursuant to the standards set by the
Arizona Departrnent of Envlronrhental Quality.
Public potable water supply system means the source facilities and the d istribution system under coritrol of
the Water Resources Division to the point where a user's water supply system commerces. A user's water supply
system cOmrnenQes at the.discharge point of the service connection.
Right-df-Way means land which by deed, conveyance, agreement, easement, dedication, usage or pfocess of
lavv Is reserved for or dedicated to the general public for street highvyay, alley, public utility, or. pedestrian
walkway purposes.
Service drep shall have,the same meaning as defined In Section 4?-73.
Shall Is to be construed as mandatory.
Single-Family Residential means one (1) dwelling unit Is serviced by a sin^e water meter in which a single
femlly typically resides and may be connected to a sewer or septic system.
.Created:-2023-19-27 19:51:31 [EST]
(Supp. No. 79)
Page 4 Of 122
Exhibit A
Resolution 13658
Page 4 of 122
Singl^Fanilfy fiesWent/o/londscop^/rT/gotton means any unoccupied open area which Is hot connected to a
sewer or septic system and provides service to a Single-Family Residential landscape area.
Source fadlitles means all components and facilities utilized In the production, treatment storage and
delivery of potable water to,the distribution systern.
Stand-by meters means water meters that are not used on a regular basis and available for Intermittent use
or for emer^ncy back-up occasions. Regular and Intermittent use Is determined by the division director.
Structi/re means Including, but Is not llrnlted to each separate occupancy, residence, house, stpre,:bulldlng,
or any,ppnstruct!pn or production or piece of work artificially built up or comprised of,parts Jolried together In
some definite manner and served by a separate water meter.
Un/tqf service means each structure, gtoup of structures, portion of a structure or real property which Is
senred by a separate water meter.
Used watei‘ means any water supplied by the VVater Resources Division, from the public potable water
system to a user's water system, after It has passed through the customer supply line and Is no longer under the
sanitary control of the division.
User weans any person, corporation, firm, municipality, owner, teriaht, trustee, mortgagee, receiver or
occupier of property which uses water that Is supplied through the public water,system.
Water, main line means public line owned and maintained by the City.
M/oterservice//ne means the pipe extending between the rtialn llrie off the public potable water system and
the water meter.
Sec. 49-17. City division director; rules and reflations; assignment of duties.
(a)
The division director shall have full charge over and direction of the waterworks system of the Qty and all
Improvements, extensions and equipment pertaining thereto, and shall have charge and supervision over all
employees assigned to the work thereon.
(b)
The City may make rules and regulations not in conflict with the provisions of any ordinance governing the
use of the connections to the domestic water distribution system of the City. Such rules and regulations do
not become effective until approved by the City Council.
(c)
The City may assign collection of rates, charges and fees prescribed under the terms of this article to the
tiepartment director of business services.
,(d] The division director shall have the authority to establish special rates or credits for unusual or unlcjue
situations not expressly covered In this code. Such rates or cred Its shaII be based'upon the cost of the sendee
provided or Incurred.
|e) Payment In excess of amount due shall not accrue Interest earnings.
Sec.
(a)
hecessacy work. Notice will be given where reasonably possible. The City shall not be,liable for any damages
that may occur on account of the domestic water being cut off for any purpose or on account of the breaking
of any pipe or fixture. Domestic water users who have any machinery, material, process or plant which
requires a constant supply of domestic water shall install upon tftefr premises such water storage faciilties as
will prevent any damage in case the Qty.'s domestic water supply rtfiay, for any reason, be interrupted or
discontinued.
CKSted;- 2023-10-27 10:51:51 [EST]
(Supp. No. 79)
Page 5 of 122
Exhibit A
Resolution 13658
Page 5 of 122
(b)
All persons engaged In streetwprk. Including but not limited to grading, regrading, filling arid trenching,
paving, or repavingshall give the Oty vi/ritten notice If It Is necessary during the progress Of such work tp
remove, displace or change any domestlc.water mains, pipes,,fittings, meters, gates or other-appurtenances
to the domestic water system of the aty that may interfere.with the prosecution of such work. The notice
shall be delivered to the offires of the aty not leK than three (3) days before the services of the City are
required arid failure to furnish such notice shall make such person liable to the City for all damages resulting
to the domestic water, system of the aty from the prosecution of such work.
(c)
Unless otherwise indicated on the dedicating document; all easements Including public utility, water, and
sewer easerrients shall be maintained by tte private property owner In the same manner as rights-of-way as
set forth In Chapter 47,- Section 4^ of this Code.
Sec. 49-19. Conditions of service; appeals.
(a)
The City Is authorized to supply domestic water to users as prescribed by this article. The City shall determirie
whether any structure falls within the Intent of this article In such a manner as to require a separate v/ater
sen/ice line. No group of structures rriay be serviced by prie (1) meter unless situated on the same Ip^ under
one (1) ownership, unless the conditlore of subparagraph (d) of,this section have been met arid unless
approved by the Oty.
(b)
The user{s) of the structure may appeal from any decision of the aty made under the terms of subsection (a)
of this section. The appeal shall be made In writing to the City Manager or designee for consideration and the
decision of the aty Manager or desigriee shall be final.
(c)
Whenever a water service line or any other service Is connected to the water supply system of the aty, the
water will be supplied to such property or equipment through a meter only, except as provided In section 49-
49 and for sprlnWer-type fire prevention systems.
(d)
Two (2) or more buildings located on the same parcel or on contiguous lots under different ownership may
be supplied through one (I) or more water meters provided:
(1)
There Is an established. Incorporated association or management firm which Is responsible for the
payment for the water service charge; and
(2)
Each parcel or lot has a Oty-owned water line with frontage on at least one (1) side of each parcel or
lot;,and
(3)
The association or managementflrrn does not charge a fee to corinect Individual parcels to a water
line..
(e)
Individual parcels of land where water service is desired must have an adequately sized, Oty-owned Water
main with.frdntage along at least one (1) side of the parcel before It is eligible for service, unless otherwise
approved by the aty. Extension of the public water line across all frontages of the parcel may be required as
a condition of service per section 49-219.
(f)
For mixed use deveippments a separate water meter.may.be required for each of the user codes,,11 through
50, as provided iri section 49-141(g). If the mixed use developmeritselects only one (1) meter, then the
development wili be charged, the highest wastewater rate as defined in section 49-141 and the Multi-Family
residentlal/COmmerclal/Industrial/Norr-Residentlal water rates described In section 49-48.
Sec, 49-20. Request for new unit of service.
Prior to the furnishing of dorrrestic water to a new.unlt of servlpe, the cpntrartor. Owner, or Builder shall
make payment in advance of the issuance Of the building or ericroachriient perfnlt for the yyater meter and/pr
service line, pursuant to the fees provided In section 49-21. If no permit Is to be Issued,.payment shall be made
(Supp. No. 79)
• dieted:- 1023-10-27 10:S1:51 [EST]
Page 6 of. 122
Exhibit A
Resolution 13658
Page 6 of 122
prior to request for Installation of the water meter and/or service line. The contractor. Owner, or Builder shall
provide the following Information at the time of payment:
(1)
Name, address, telephone number of account holder, water user or property owner.
(2)
Narite, address, telephone number of person responsible for water billing, if other than user.
(3)
Description of lot; block, and subdivision to be serviced. Including lot size.
(4)
Official street address assigned to the property. Including zip code.
(5)
Such other Information as the City may deem necessary.
Sec. 49-21. Connection arid meter installation fees.
(a) The City shalltap the water main. Install water senrice line to the property line, water meter boxes, or meter
vaults, within the Qty and charge the contractor or owner at the rates noted below. In the event that a
contractor licensed by the state to perform sudi work taps water lines. Installs water service lines and water
meter boxes or vaults In compliance with the inspection standards of the City, the City shall provide the
water meters In sizes five-elghths-Inch, three-quarter-inch, dne-inch, one and one-half-inch, and two-lrich,
and shall furnish the meter with strainer In sizes three-inch, four-inch, sIx-Inch, and eight-inch to the
contractor. Owner or Builder for Installation within the City limits and charge the contractor. Owner or
Builder at the following rates:
Meter
Size
Meter (1)
Service
Line
Meter and
Service Line
Turbine
Meter
$340
$2^4002,730
$2;6803,080
N/A
K"
$370
^;4402,800
$i^.l20
N/A
1"
$490
$2,4402,830
$2,8gW,270
N/A
1.5"
$710
$3,750
$4,400
N/A
2"
$930
$3#204,090
$4/7904,960
N/A
■3"
1£_
•6"
*8"
* Cost Recovery Required
* Installation and relocation of meters will be billed to Developer/contractor at the City's cost. Concrete water
vaults are required for all 3", 4", 6" and 8" meters to be Instiled by Developer/contractor after Water Services
Department coordinates Installation of services.
(1) Includes delivery and connection to existing service line For Developer/contractor or owners with an
existing residential meter. Increasing residential meters to a larger size due to fire suppression
requirements, may be eligible for a refund of the Meter Only Charge up to a prorated value.
(b) The City shall tap the water main lines. Install a water service line to the property line, and install the meter
boxes for commercial fire sprinkler applications In sizes one and one-half-inch and two-inch only. Contractors
licensed by the state and approved by the City shall perform the work tor the Installation of fire lines In sizes
three-inches and larger. The use of manifolds or tees to.tle several service lines In sizes two-inches and
smaller together shall be prohibited unless specifically approved by the Water Resources Division. The
contractor. Owner or Builder will be charged the ratesin Sec. 49-21. Connection and meter installation fees.
Crcited; 1023-10-27 10:51:51 [EST]
(Supp. No. 79)
Page 7 of 122
Exhibit A
Resolution 13658
Page 7 of 122
(c)
The charges for Installing water connections, water meters, and ^ter meter boxes In areas outside the City
limits and or In a county.island shall be at a rate equal to one hundred twenty^five (125) percent of the
charges spedfied In the applicable subsection (a j or (b) of this section. At the sole discretion of the division
director. When the Owner/builder Is in the Ojunty the Owner/builder must contract with a private contractor
to install .water connections or service Une upgrades. If dty contracts for the Install of line upgrades the
Owner/bullder shall be billed for the cost before the service Is performed.
(d)
Meter upgrade/downgrades will be completed only on accounts in good standing. All past due fees must be
paid in full before a meter change out will be processed.
Sec. 49-22. Application for domestic water service for an exis^ting unit of service.
(a)
Before turning on domestic water to an existing unit of senrice, the user thereof shall make an application for
service to the .City. The .appllcation shall be in the form approved by the Business Services Director and
provide: User’s name, street address, telephone number, tirth date and arry other Items or information
deemed necessary by the Business Services Director.
(b)
The Business Services Director may establish policies and procedures for verlflcaflori of ldentity,:prpperty
ownership, tenancy, or such other requirernents as may be necessary to establish the.appllcant's eligibility or
authority to open or update an aocount.for the subject property.
(c)
DorneSric water service shall not be furnished to aiiy property unless the application Is completed and all
charges against the property of any.nature whatsoever due and payable to the Dty under any City cvdinance
have been paid. This Includes any deposits that may apply.
(d)
Any delinquehtamountsowingonexistingorprioraccouhtsmustbe paid when a property owner or tenant
applies to open another service account. Failure tb pay the delinquent amount owing on a prior account or
accounts constitutes grounds for the City to refuse new service.
(e)
In the event that service at a new locatlorils initiated prior to the preparation of a cument billing staternent
for another City account held by the same person or persons, or becomes delinquent after the Initiation of
service at the new location, the amount due or delinquent shall be added to the arnountdue on the new
account In the event that the account holder dr holders fall(s) fo pay In full both the transferred amount and
the present charges by the delinquent date of the statement on which the transferred amount appears,
senrice on the new account shall be subject tb termlnatlonTn accordance with section 49-54,'belovi/.
(f)
Domestic Vrater account holders shall notify the.CIty of any charige In. mailing address, occupancy,,or
ownership within fifteen (15) days after such change occurs. Failure to contact the City may result In
penalties or late charges which shall be the responsibility of the account holders.
(g)
Failure to contact the City, within fifteen (15) business days tp update the mailing address on a utlllty.aCcount
will result In a one dollar ($1.00) per Item returned mall fee.
(h)
Notwithstandinganyofthefecsspedfied in this section, nothingshall prohibit the City from charging the
property owner, account holder, or potential account holder, the actuaTcost to perform the account
updates. I n all such cases the person requesting service shall receive Itemized billing for any amoun^ due
above ariy service charge paid pursuant to th|s section.
(I) Under normal conditions, domestic water.service shall be provided no earlier than oneibusiness day after a
properly completed application Is submitted and ail required fees are paid. ;
(I) If domestic water service is requested to be provided on the same day that the application is completed, a
fifty dollar ($50:00) fee will apply. This fee shall be charged on the first statement for service. The fee shall be
due and payable Iti accordance with section 49t52.
Crc>ted;''2e23.1&-27 18:51:51 [ESTj
(Supp.No.79)
Page 8 of 122
ExhibitA
Resolution 13658
Page 8 of 122
(k)
If a customer needs domestic water service turned on and off within 24 hours, a one hundred ten dollar
($110.00) fee shall apply and shall be paid prior to ttie service being turned oa
(l)
The charges for same day service in areas outside of Qty limits and or In a county Island, shall be at a ,rate
equal to one hundred twenty-five (125) percent of the charges specified in the applicable subsection (i) or
(k) of this section
Sec. 49-22.1. Administrative account establishment fee;
(a)
Each water account shall be assessed an administrative account establishment fee of thirty dollars ($30.00)
at the time of application for waterservlce or reactivation (49-23). This fee shall be charged on the first
statement for sen/lce following establishment or reactivation. The fee shall be due and payable In
accordance with sectlon’49^2.
(b)
In the event that It Is known or reasonable tp believe that an account holder other than an owner Is no
longer replying service at the property, the City may terminate the existing acojunt and establish an
account for the property. In the name of the owner(s) or new tenant
Sec. 49-22.2. Installation of automatic mater reading devices.
In an effort lb Increase meter .reading efficlendes, the City Is Installing automatic meter reading devices
(AMI/AMR) throughout the City. Should a Customer, contact the Q’ty in writing or through electronic mall to
decline the activation of an automatic meter reading deyitte, the.City vyill impose an additiOrial fee of Ten dollars
($10.00) per month on the customer's water bill to help cover the cost of rrianual meter reading.
(a)
A trip charge of forty-five dollars ($45.00) shall be levied against the account holder to turn the
automatic meter reading devices off.
(b)
The charges for turning off automatic meter reading devices In areas outside the City limits and or in
a county island, shall be at a rate equal to one hundred twenty-five (125) percent of the .charges
specified In the applicable subsection (a) of this section.
Sec. 49-23. Requesting temporary service suspension; resuming service.
■ (a) Property owners with City water senrice may requKt that the City suspend water, sewer and residential
refuse service, and related charges. Including base fees. This pptioh is only available for service suspensiph pf
six (6) consecutive months or rnore, either for.a meter connected to a structure that wl|l be vacant, or for a
meter not connected to arry structure, this option Is hot available for hydrant meters.
(b)
suspension of water service Is tempoiciry and may not be for longer than twelve (12) consecutive months
from the date.of request approval unless further extended at the discretion of the divislon.director.
Provided, however, the aggre^te numberof months of suspension of service to any one property may not
exceed twenty-four (24) months during any consecutive thirty-six (36) month period.
(c)
Property owners may suspend vyater, sewer and residential refuse service for Ipngef periods, and the City
may make the suspension retroactive,,in the event of fife and the property Is unhabitable.,Documentation of
a fire report and authorization may be subject to approval by the department director of business services.
(d)
Owners electing to take advantage of this option shall submit an acknowledgement form to the City utility
billing office. If granted, the suspension will be effective from the date the request is received by the City and
will not be back dated. Suspension applies to all City utility.services provided. Owners bear responsibility for
any and all damages arising directly or Indirectly from service suspension. These Include bodily harm,
damage to adjacent properties, landscaping damage and any other damages caused by the owner's decision
to stop.the water supply to the fife suppression system.
(Supp.No.79)
Creittdi, M23rlB-17 ie;51:51 [EST]
Page 9 of 122
Exhibit A
Resolution 13658
Page 9 of 122
(e)
As a condition of service suspension, the owner shall pay any outstanding charges before the City will turn
the meter off. The City shall have at least one (1) business day following the request to suspend service to
complete the read and turn off procedure. The City will.then bill the owner for any remaining consumption.
(f)
Property owners may suspend service for periods less thari six (6) consecutive months, provided, however,
the ownet^ shall be responsible for base feesas if sen/lce Is hot suspended.
(g)
To resume service, the owner shall pay any past-due fees and an administrative account re-establishment
fee. The.CIty shall have at least one (1) business day to reestablish serylce after receiving a written request to
resume service and payment of all applicable fees.
(h)
Due to extenuating circumstances such as broken dr leaking pipes or other causes that In the opinion of the
City pose a threat to the health, safety or welfare of the property or other members trf the public or result In
unreasonable wasting Of water, the City may refuse to resume any unit of service until such tirne as it Is
appropriate todo so.
(I) Notwithstandlngthe foregoirig, account holders remain responsible for payment for any base ifoes and any
water used, evert If water service was turned off or locked.,
Sec. 49-23.1. Removal of water meter.
When deemed appropriate by the City, a water meter may be rernoved and the service locked In the off
position, or the meter sealed in the off position. There will be nO charge to reinstall a water meter which has been
removed by City Initiation, when the property owner can furnish evidence satisfactory to the City that the property
previously had metered service Installed, if saOsfactory.evIdence is not furnished, or If the meter is removed at the
Owner’s request, the Qty shall charge the property owner, account hOlder> or potential account holder, the actual
cost to perform the services. Ih all such cases the account holder; or potential account holder, shall receive an
Itemized billing.for any amounts due. The.account holder, or potential account holder, may appeal the amount
billing for such services; via written request fo the department director of business services
Sec. 49-23;2. Denial of service to uninhabitable and unsafe properties.
(a)
Upon receipt of writien notice from the owner that a structure has been permanently abandoned, or notice
from a O'ty or county health officer that a structure has been condemned as uninhabitable or unsanitary and
dangerous to human life, domestic water service shall be immediately discontinued, the water meter
removed and,the service locked In the off position.
(b)
Due to extenuating circumstances such as broken or leaking pipes or other causes that In the opinion of the
City pose a threat to the health, safety or welfare of the property dr other members of the public or results
In unreasonable wasting of water, the City may refuse to resume any;unlt of sendee until such time as It Is
appropriate to do so.
(c)
A water meter may be reinstalled to the same unit of service and water seryiCe may be provided upon the
authorization of the City or county health officer that Ihe structure Is habitable arid upon compliance with .
the conditions for service Initiation. In such event, service will be restored In accordance with the procedures
set forth In section 49-22 et seq.
Sec. 49t24. Maintenance and testing of vvater meters.
(a) Except as otherwise provided by ordinance, the domestic water account holder arid/or proper^ owner shall
malr^ln all,customer supply lines and ronnectlons within their property. ltls^Si^^t^efj|ireip^l6jlJtv
(Supp. No. 79)
Page 10 of 122
Cf^ted: 2e23-ie-27
[E5T]
Exhibit A
Resolution 13658
Page 10 of 122
c&pjirig!' The water meter shall remain the property of the GIty. All City meters, except meters which are
damaged as a resultpf actions of the account holder, property owner Or, someone acting on their behalf,
shall be maintained and repaired by the Qty at Its expense.
(b)
A domestic water account holder may request that the meter be removed and subjected to a shop test If the
shop test Indicates that the'mefer Is registering correctly, a chaf^ of one hundred sixty dollars ($160.00)
shall be levlpd against the user requesting the test If the shop test reveals that the meter Is not registering
correctly the removal and re:^nstallatIon shall be at O’ty expense.
(c)
Fire line water account holders and/or owners shall be responsible for maintenance and repair of that line up
to the main line Including the tapping sleeve and valve.
(d)
If a residential account holder Is concerned about their water usage, the account holder may request the
services of the water resource division's water audit program representative. The representative will assist in
the assessment of the userls water use and help user check forTeaks on the property. A charge of seventy-
five dollars ($75.00) per meter shall be levied against the account holder or their agent requesting this
senrice.
(e)
If a residential account holder Is concerned about their water usage, the account holder may request the
services of the virater resources division’s Water technician program reproaehtatiye. The representative will
visit their property to Inspect the meter. A per visit trip charge of fifty dollars ($50.00) shall be levled agalnst
the account holder requesting this service. If the meter is found to be faulty, the charge w/lll notbe assessed,
and the meter will be replaced.
(f)
The charges for meter testing In areas.OutsIde the City limits and or In a county island, shall be at a rate equal
to one hundred twenty-five (125) percent of the charges specified In the applicable subsection (b), (d) or (e)
of this section.
' Sec. 49-25. Water main shutdown.
(a)
Approval of the Qty Is required prior to the shutdown Of a City water main. Any contractor desiring the
shutdown of a Gty water rnain shall apply to the Qty and pay the char^ required In this section. The
contractor shall notify the public when a shutdown will cause any City water users to be without water in
accordance with policies established by the division director. Acharge of two hundred eighty-five dollars
($285,00) shall be leyled against the contractor requesting this service.
(b)
Notwithstanding any of the fees spedfied In this section, nothing shall prohibit the Clty'from charging the
property owner, account holder, or potential account holder, the actual cost to perform the senrices
requested. In all such cases the person requesting service shall receive Itemlzed blillng for any amounts due
above any Service charge paid pursuant to this section.
(c)
The charges for water main shutdown In areas outside the City.llmits and or In a.county Island, shall be at a
rate equal to one hundred twenty-five (125) percent of the charges specified In the applicable subsection (a)
of this section.
Sec. 49^26. Down-sizing of meter.
(a)
Approval of the Qty is required prior to reducing the size of a water meter senrlng an existing unit of ^rvlce.
The owner of the premises vvhere the reduced water rneter Is desired shall.submit a request in a form
acceptable.to the City.
(b)
After approval of the request and payment of a fee for the appropriate size meter pursuant to the provisions
of subsection (b) pf serton 49-21, the reduced size rneter shall be Installed.
(Supp. No. 79)
Crated: J«23t1»-27 »:51:52 (ESI)
Page 11 of 122
ExhibitA
Resolution 13658
Page 11 of 122
(c)
In the evehtthat a property owner subsequently desires to Install a meter of the size which served the
property prior to down-sizing, they shall be required to pay a fee for the appropriate.size meter pursuant to
the provisions of section 49-21, prior to making a request to the water operations office for the Installation.
(d)
Notwithstandingany of the fees specified in this section, nothing shall prohibit the City from charging the
user or potential user, the actual cost to.perform the services re^u^ted. In all such cases theiperson
requesting service shall receive Itemized billing for any amounts due above ariy service charge paid pursuant
to this section.
Sec. 49-27. Number and size of water meters per parcel and manifold meters.
A water meter shall be sized so'that It does not exceed the anticipated maximum riormal dally operating flow
as deternilned by the currerit version of the City's design standards arid policy mariual (D5&PM). Single-Family
residences shall be limited to one water meter and one Account Holder per parcel. Separate metering to.provide a
second/redundant source shall require approval from the division director for all developments. Two (2) or more
meters In a manifold configuration are prohibited (see %c. 49-16 for definition of Manifold Meter).
Sec. 49-28. Relocation of service.
(a)
In the event the following services are requlred,.the following minimum fees shall apply;
(1)
Move water sen/lce line and meter up to fifteen (15) feet, one thousand six hundred forty dollars
($1,640.00)
(2)
Raise or lower water service line and meter to grade, four hundred fbrty dollars ($440.00)
(b)
Notwithstanding any of the fees spedfled .ln this section, nothing shall prohibit the City from charging the
user or potential user, the actual cost to perform the services requested. In all such cases the person
requestiiig service shall receive itenilzed billing forany amounts due above any service charge paid pursuant
to this section.
(c)
No meter or water service line shall be relocated without the approval of the City. The owner of the premises
where the relocation is desired shall submit a request in a form acceptable to the City.
(d)
The charges for relocation of services In areas outside the City lirnits andpr In a couritytlsjand, shall be at a
rate equal to one hundred twenty-five (125) percent of the charges specified In the applicable subsection (a)
or (b) of this section.
Sec. 49-29. Curb cock keys, etc.
It.ls unlawful lor a person to apply any curb cock key, valve key or hydrant wrench to the Cl^ domestic water
supply system without authorization from the City. It is also unlawful for a pefsOri to make, cohstruct, buy, sell or
In any way dispose of any curb cock key, valve key or hydrairt wrench for use on the City domestic water supply
system without authorization from ttie Clty.
Sec. 49-30. Tampering with meters.
No user or person acting on behalf of a user shall break or remove a lock (seal), or willfully Injure damage or
destroy a water meter. No User or person actingon behalf of a user. In Order to gain water service of whose viiater
service has been discontinued and rendered inoperable by the City, shall by-pass, divert, turn on, break or remove
a lock, or otherwise tamper with a water meter In an effort to establish or reinstate water service; Any user or
person acting on behalf Of a user who vrillfully breaks. Injures damages qr destroys a water meter or who tampers
with a water meter to establish service or reinstate water service after disconnection by the CIty shall pay Up to
one thousand dollars ($1,000.00) in tampering charges In addition to any other penalties provided by.laws. Each
(Supp.No.79)
Cr««ttd: 2823-10-27 I8:51;52 [EST]
Page 12 Of 122
Exhibit A
Resolution 13658
Page 12 of 122
\
violatfpn shall be deemed a,separate vfoIaUoh and shall be subject up to one thousand dollars.(Sl,000.00) In
tarh^rlng charges for each'occurrence. All tarripering charges shall be billed to the account holder bn the next
water statement and shall become due and payable on that siatements due date.
Sec. 49-31. Users responsfbiftty; obstructing access to system.
(a)
No person shall place upon or about any water seryloe llne, water main line or related appurtenances arry
object, material, debris or stnjcture of any kind that shall prevent free access to the same at all times of in
any rrianner tamper with or Injure such appurtenances. Branches of shrubs and trees shall be trimmed by the
property owner and/or account holder to allow free access for reading and malntenance.of the water meter.
No person shall fill up or cover over any yalve or meter box.
(b)
If any valve, valve box, curb cock, water meter box or water gate cohnectioh has been determined to be
inaccessible, the accourit holder will be notified In writing of the violation. The account holder will be
required to correct the violation within thirty (30) days to avoid further penalties.
Sec. 49-32. Separate metering.
All water deliveries madefof the fdloveng purposes shall be separately metered:
(a)
The wateringof any landscaped area or areas of a development which. In total, are over five (5) acres
In size, and which were not included in construction plans submitted to the City for review prior to
February i,1991.
(b)
The filling of reflilingof any body of water, as defined In section 49-71, which was not filled as of
February 1, IMl.
(c)
The supplying of a fountain or other ornamental water feature using more than one thousand (1,000)
gallons of water per day which was'hbt Included in a ^t of construction plans submitted to the City for
review pflortO February 1,1991.
Sec. 49-33. Classification of penalty.
(a)
Any person, firm, corporation, partnership, or association, whether as principal, owner, agent, tenant or
otherwise, who violates, disobeys,dnilts or refuses to cornply with, or who resists the enforcement of any of
the provisions of this chapter Is subject to a civil sanction (by Issuance of a dvil citation or long forrn
complaint) or administrative remedy,.lncludlng an administrative consent order.
(b)
NotwIthstandIngsubsectionAor this section, Ifa violation Is enforced by Issuance of a civil’citatlon or long
form complaint a second of subsequerit violation of this chapter within two (2)years of the date of the first
civil dtatlon or long form complaint shall be deemed a misdemeanor.
Sec. 49-34. Penalties.
(a)
Upon a finding of responsible to a civil violation, the courtshall imposea clvil sanction not greater than two
thousand five hundred dollars ($2,500.00).
(b)
Upon a Conviction of a rnlsderfieanpr, thecourtrney impose a sentence in accordance with section l-8(a) of
the Scottsdale Revised Code and state law fOr class one ml^emeanors. Probation rnay be Imposed In
accordance with the provisions of Title 12, Chapter 9, Arizona Revised Statutes.
CrMted:. 10J3.ia-27 16:51:52 [ESI]
(Supp.No.79)
Page 13 of 122
Exhibit A
Resolution 13658
Page 13 of 122
Sec. 49-35. Commencement of civil action.
(a)
Ah action for a civil violation may be commenced in Scottsdale City Court by Issuance of a citation or.by long
form complaint
(b)
The citation will be substantially in the same form as the Arizona Traffic Ticket and Complaint and shall direct
the defendant to appear in Scottsdale Qty Court at a date specified in the citation.
(c)
Service of the citation may be accomplished and will be deemed proper and complete by any of the following
methods:
(1)
By having the defendant sign the citation with a promise to appear In court
(2)
If the defendant refused to sign the citation, by hand delivering a copy of the citation to the defendant
(3)
By mailing a copy of the citation to the person charged by certified or registered mail, return receipt
requested, to the person's last known address.
(4)
In the event senrloe cannot be accomplished as set forth In subsection (c)(1), (c)(2) or (c)(3), by any
means allowed by the Arizona Rules of Civil Procedure for the Superior Court may be used.
Sec. 49-36. Authority to issue civil complaint.
The Director of Water Resources, Scottsdale Police Officer, City Attorney, or the City Manager or designee,
rnay issue a civil citation pursuant to this chapter.
Sec. 49-37. Default Judgment.
(a)
If the defendant falls to appear as directed on the citation, the court shall enter a default judgment and shall
Impose a dvil sanction for the violation.
(b)
If the defendant foils to appear for a pretrial conference or trial, toe defendant's failure to appear shall be
deemed an admission of toe offense and the court shall enter judgment against the defendant and shall
Impose a civil sanction forthe violation.
Sec. 49-38. Rules of procedure.
(a)
The Arizona Rules of Court In Civil Traffic Violation Cases shall be followed for dvil violations of this chapter
except as modified or where Inconsistent with toe provisions of this Artide,
(b)
The Arizona Rules of Criminal Procedure shall be followed for criminal violations of this chapter except as
modified or where inconsistent with toe provisions of this Artide.
Sec. 49-39. Violations not exclusive.
VIplatIqns of this chapter are in addftion to any other violations enumerated with the Scottsdale ordinances
apd Code and In no way limits toe penalties, actions, or abatement procedures which may be taken by the City of
Scottsdale for any violation of this chapter which Is also a violation of any other ordinance or Code proylslon;of the
City of Scottsdale, or statutes of the State of Arizona.
Cre»t«d; Jei3rl»-27 10:51:52 [EST]
(Supp. No. 79)
Page 14 of 122
Exhibit A
Resolution 13658
Page 14 of 122
Sec. 49-40. Each day a separate violation.
Each day any vlplatioh of any provision of this chapter or the fallure to perform any act of duty required by
this c^dlnance continues shall constitute a separate violation.
Secs. 49-41-49-45. Reserved.
DIVISION !, USER RATES AND CHARGES
Sec.49-46, Adjustments for defective meters, leaks, etc.
(a)
If at any time a water meter Is found to be underreporting or oyer reporting actual usage, the amount of
water;consumed by the user shall be estimated by the Water Resources Division or designee for all usag^
periods for which the meter Is determined to be defective, the Water Resource Division Director or designee
may mate an adjustment to the amount billed and may recover, credit or refund the difference between the
original billing and the corrected billing When an error, omission, usage discrepancy or other extraordinary
circumstance has occurred. The Water Resources Division shall use historical records or other reasonable
bases to calculate an amount of water usage. Such amounts shall be billed or credited to.the account holder.
If billed, the account holder shall at least have an equal amount of tirne to pay for past usage charges as the
meter was determined to be defective. If credited, the account holder shall receive a credit or refund vi/lthln
sixty (60) days. In no case will the City seek to credit or bill for vi/ater usage prior to thirty.5lx (36) months
from the date the defective meter and/or excess usage was discovered. The tect that an account holder may
have received and,paid a billing for base fees, taxes and/or some usage shall not preclude the application of
this section.
(b)
Account holders and/or property owners are responsible for all leaks or damages on account of leaks from
the sendee pipes leading from the user's side of the meter to the unit of service. Including all water
consumed.
(c)
'Usage at the lower tlef of
water usage fee In accordarue with section 49-48. A user Is eligible to be charged for service at a lower tier If
the following criteria feSe met
(1)
Usage must be at lea^t three (3) times the usage of the same period in the previous year
propeftyiiadiSreg.
(2)
A similar lower tier usage fee has not been charged within sixty (60) months of the period currently
being considered.
(3)
The account holder contacts the City's Utility Billing Department within six (6) months of the,time that
(4)
(5)
Gustotner.is enrolled In the City's \WaterSttiart prograrh If property address isautomatic rtietef reading
device (AMR) active. If customer does hot have an electronic mail address, as needed for the pro^am's
communication, a written notice must be submitted to the Business Senrices Director to askfor an
exemption.
(6)
Adjustments for leaks are approved oh a per account basis.
(7)
Adjustment credits for defective meters or leaks fall into a monetary range of $25 minimum up to
$1500 maximum.
Crated: 2e2}-la-27 10:51:52 [EST]
(Supp.No.79)
Page 15 of 122
Exhibit A
Resolution 13658
Page 15 of 122
(8)
Credit adjustments are eligible for residential customers orily.
(9)
Proof of repair (paid Involce(s),.receipt of parts purchased if self-repaired) must be presented prior to
adjustment approval.
Sec. 49-47. Deposits.
(a)
Deposits shall be required of all.vrateraccpunt holders, except as otherwise provided In this section. The
required deposit shall be billed and paid as a part of the fTfstmpnthly bill for water service. The deposit shajl
be :ln accordance with either subsection (b) or (c) of this section, as applicable. Failure to pay the required
deposit on or before the delinquency date for the first monthly water bill may result lri the Immediate
termination of service as provided In section 49-54.
(b)
If a one-year billing history Is available, the deposit shall be equal to a twormonth average billing for the prior
twelve (12) consecutive months or equal to the annual average two-month charge by meter size based on
user classification by the standard Industrial codes (SIC):whose users are.satne or similar.
(c)
If a One-year billing history Is unavailable, the deposit will be equal to the annual average two-mon^ charge
by nieter size based on account classification by the standard industrial cod^ (SIQ as established by the Qty
for the same or similar property uses.
(d)
Deposits shall not be required of tenant account holders, who have: (1) previously had .servlce accounts with
the City of Scottsdale for a period of at least twelve {12):months, within the twenty-four (24) month period
Imrhedlately preceding the appllcatioh fpr hew siervICe, arid (2) had no more than two (2) payment
delinquencies within.the most recent twelve-month period of service. "Paymentdelinquency" means that
the City has not received a required payment In a timejy manner, resulting In an outstanding balance being
shown on the next billing. Prior service under this subsection may be established either by records
maintained by the City or provided by the applicant
(e)
Deposits shall not be required at the time of application for a service account from Single-Family residential
property owners who provide adequate proof of ownership as determined by the department d irector of
business services. However, upon defauit of payment by the property owner for any water or other City
utility services received, a deposit pursuant to the applicable schedule shall be required for all premises
owned by the properly owner and served by City utilities where the property owner Is being billed for the
sen/lces.
(f)
Required deposits bearing no Interest shall be held by the City. If the account holder's .utlllty bills remain
currerit for twelve (12) consecutive months, the amount of the. deposit shall be credited to the first’billlng
following the twelve-month period, or the deposit shall be credited to the account holder's final bill,
whichever pomes sooner.
Sec. 49-48. Metered domestic rates.
(a)
Charges for domestic water supplledare Imposed on aU .dpmestic water account holders. Charges for first
and final bills with billing periods more or less than one (1) month shall be prorated. Charges shall be paid for
each meter connected.to the City water line commencing with the first request for service at the following
rates, whether or not any domestic water Is used.
(b)
The division director shall have the authority to address prbratlon of billing days across tiers.
(c)
The division director may authorize credits for paperless or other autorriated billing methods as an Incentive
to reduce the Division's billing costs.
(d)
The division director may authorize estimated charges, using the commercial volumetric structure, up to and
Including the top tier, for unmetered water connection leaks.
Creitell: 2ej3-lB-27 10:51:52 [E5T]
(Supp. No. 79)
Page 16of 122
Exhibit A
Resolution 13658
Page 16 of 122
Effective November 1,2026 the rates are:
(1) Base fee charge for all customer classes.
Meter
Sire In
Inches
Fee
K
$15.?616.46
K
$21t8622.B3
1
$»44i32.87
IK
$63.^5.73
2
$78JM2.24
3
$473^180.84
4
$37545287.74
6
$550:5^75.27
8
$84345886.11
All Sizes
Stand-by Meters: fifty (50) percent of the applicable
fee as shown above
Commeictal
Fee
Private FIre-llne Suppression
$2.00
(2) Volumetric charges.
Stngl^Famlly fiesWehtfa/ ohd Single-Family Resfdentlq/ Lgndscgpe/Irrigatlon
Tier
Gallons of Usage
From
To
Rate
Per
1400
Gallons
1
0
5,000
$»731.80
2
5,O0l
12,000
$3443.39
3
12,001
.20,000
$4454.96
4
20,001
30,000
$6476.55
5
Over
30,000
$8458.41
Non Compliant: see, below
Multi-Family Residential and Commerdal/lndustrial and Nan-Residential
Tier
Gallons of Usage
From
To
Rate
Per
1,000
Gallons
i
0
5,000
$4431.80
2
5,001
12,000
$344^.39
3
12,001
20,000
$4454.96
4
Over
20,000
$6476.55
Non Compliant: See below
CKStect; 2023.10-27 10:S1:S2 [EST]
(Supp. No. 79)
Page 17 of 122
Exhibit A
Resolution 13658
Page 17 of 122
Multi-Family Residential, Commercial, Industrial and Non^esidendal Landscape/lrrlgatlon
Tier
Galtoin of Usage
From
To
Rate
Per
1,000
GaUon*
1
0
5,000
S4r7a.80
2
5,001
12i000
$3=243.39
3
12,001
20,000
$4,354.96
4
Over
20,000
$6=3?g.55
Non Compliant: See below
Ndn-Compliant: Once a customer is desl^ated as non-compllant, the then current water rate per
1,000 gallons will be adjusted by one hundred fifty (150) percent for a minimum of a full billing cycle.
(de) In addition to the rat* charged pursuant to Section 49=48 through 49-50, a State of Arizona water quality
assuranw fee of $0.0065 per One thousand (1,000) gallons will be added to the total of all water charges
calculated In accordance with section 49-48 through 49-50. Additionally, applicable privilege tax and other
taxes will be added.
(«^ In the event of a water main shutdown, the water user Is still subject to bare fee charges for that period.
Sec. 49-48.1. Stormwater fee.
In addition to the rates charged pursuant to Section 49-48, a stormwater account charge of eight dollars and
ten cents ($8.10) per month will be added to the total of all charges calculated in accordance with Section 49.48.
Additionally, applicable privilege and other taxes will be added.
Sec. 49-48.2. Out of city customers.
All account holders located outside the City limits Who are provided vyater service by the City shall pay at a
rate determined by the Water Resources Division and approved by the City Council. The out of City surcharge shall
be payable monthly and shall be computed as provided below.
(1) If the Outside City account holder’s yvater delivery system is more expensive to maintain than In City
customers, due to factors such as longer travel distances or other delivery system characteristics, the
extra cost as determined by the City, shall be recovered by the City adding up to an extra.fifteen (15)
percent delivery surcharge to the base and commodity rates desalbed above, unless otherwise
prohibited by law.
Additionally, applicable privilege and other taxes Will be added.
Sec; 49-49. Unauthorized use.
(a) Unauthorized use of, or connection to, the Qty water system Is unlawful and is subject to charges for
estimated consumption based on similar account use, the applicable consumption rate schedule and the
following fines:
Unauthorized water service line connection: Each violation up to one thousand dollars ($1,000.00).
Unauthorized fire hydrant connection: Each violation up to one thousand dollars ($1,000.00).
(Supp. No. 79)
C|.««ted; M23Tie-27 1«;S1;52 [EST]
Page 18 of 122
Exhibit A
Resolution 13658
Page 18 of 122
Unauthocfzed use of, dr connection to, the aty water system shit) mean the taking of water from any part of
the City water.system. Including any City water main or fire line:
(1)
Without first receiving express City authorization and paying all applicable charges;
(2)
By connecting, directly or Indirectly, to the City water system without a rneter;
(3)
By virlllfully modifying the meter or service apparatus so as to cause a loss or reduction In consumption
registration; or
(4)
By Indirectly connecting to the City, water system by connecting to another user's water supply system
without City authorization.
During (xrnstrucb'on of a residential or commercial structure,,the permit holder will be responsible for paying
the fines and charges when assessed. Each day that the unauthorized connection or use is made will be treated as
a separate violation and vyill be subject to the above fines and charges. ImposItlOh of these fines and charges shall
be In addition to any other penalHes provIded In this Code and any rlghtsor remedies which the City has available
to It under this chapter,
(b) Any charge imposed pursuant to the provisions of this section may be adjusted when In the opinion of the
City there are unique drcUmstahces which warrant special consideration.
$ec. 49-50. Hydrant and constrijction meters and water hauling,
(a)
All temporary bulk water required by a contractor. Owner or BuMder for construction, serviced by a fire
hydrant or construction meter, is subject to approval by the division director. Approval does not guarantee
authorization. Upon approval of the temporary use by Water Resources and payment of the following fees, a
hydrant or bonstrUction meter rriay be Installed :
(1)
Meter deposit, nine hundred'thirty dollars ($930.00) for a one-inch:meter and two thousand'five
hundred and seventy dollars ($2,570.00) for a three^nch meter.
(2)
Installation and removal fee, one hundred eighty dollars ($180^00).
(3)
Account establishment fee of thirty dollars ($30;p0).,
(4)
At the aty's discretion, larger meters may be made available for additional fees on a case by case basis
for a reasonable fee as established by the division director.
(b)
Relocatiph of hydrant of cOristfUctlpn hfietersrequifeapproval of water ojDeratloris prior to relocation. Any
hydrant or construction meter which is relcxrated will be assessed a relocation fee of one hundred twenty
dollars ($120.00).
(c)
If damaged,,the appllcarrt will be charged for the cost of repair of a hydrant or constfuctiori rneter, and In all
such cases shall receive,itemized billing for any ampuiit due.
(d)
Base fees shall be consistent with Section 49-48 for the appropriate meter size for domestic water service by
a hydrant or constmction meter, whether or not any domestic water Is used. Additionally, volumetric
charges shall be equal to the Sirigle-Famlly Residential and Landscape/Irrigation by Single Family fifth tier
rate. Charges for first arid final bil|s with billing periods more or less than.orie (1) month shall be prorated.
Hydrant and construction meters are temporary and may riot be utilized beyond one (1) year from the date
of application approval unless further extended atthe discretion of the division director,
(e)
Whenever bulk water (load courtt) Is required by. the oonfractor. Owner or Builder for construction, and It is
riot feasible to use a meter, the Water Resources Division may authorize service under this section at the
rates set forth in subsections (a) through (d). A one hundred dollar ($100.00) deposit will be required In
order to obtain bulk water without a meter. Applicable privilege tax arid other taxes will be added.
edited; U23-le-27 ie:Sl:52 [EST]
(Supp. No. 79)
Page 19 of 122
Exhibit A
Resolution 13658
Page 19 of 122
(f)
Base fees shall be consistent with Section 49r48.fbr all water hauling users. In addition water hauling
yolumetric.charges shall be equal to the Single-Family Residential and Landscape/Irrigatipn by Single Family
fifth tier rate. Charges for first and final bills with billing periods more or less than one (1) month shall be
prorated. Charges shall be paid for each customer hauling water from the City with the first request for
service Whether of.not any dornestic water.IS used;
If a:fire hydrant or construction meter Is used for Water hauling water from the Qty, the capital recovery
charges can be retroactively billed for all applicable periods regardless of the number of months of use.
(g)
Bulk water may be provided by the City through an unpressured system. Effective July 1,30K2026, bulk
water so delivered shall be char^ to the user at a rate of two dollars and ferty-twc^^^ree cents
($2/4^) per one thousand (1,000) gallons delivered.
Sec. 49-50.1. Reserved.
Sec. 49-51. Limitation on adjustments.
Adjustment of amounts owed or credits due under thisarticle shall be limited to the thr'ee-year period
imrhedlatejy preceding the date Of the most recent billing by the Qty. However,, toe division director may extend
the period when necessary to ensure that charges for Water service are just and reasonable in conformity with
State statutes.
Sec. 49-52, Due date; person responsible.
(a)
Every charge levied pursuant to toe provisions of this article and article IV dIvIslonB shall beconne due and
payable when a utility bljl Is prepared by the City and shall become a personal debt of.toe account holder.
(b)
It Is the responsibility of toe person or persons In whose name or names an account has been established to
pay all charges in full and on a timely basis. Failure to receive a utility bill will not excuse the account holder
or holders from full and timely payrrient for the services.
(c)
Except When spedflc payment arrangements have been made In advance of toe delinquent date, all charges
levied pursuant to toe provisions of this article and article IV division 3 shall become delinquent if unpaid
twenty (20) days after the utility bill Is prepared.
Sec. 49-53. Pay startfons.
The departoient director of business Services may designate certain private establishments as authorized
City domestic water payment stations. In the capacity of Hinlted agents, for toe purpose of collecting arry such
charges. Payment stations so designated shall be required to perform pay station functions In accordance with
rules and regulations Issued l^the department director business services apd rnay be paid a collection fee, to
be established by mutual, agreement, for the faithful performance of these functions.
Sec. 49-53.1. Assessment of late charges.
Accounts are considered delinquent after toe due date. The due date Is equal to twenty (20) days after toe
bill date, evidenced by the date printed oh toe bill, and late fees shalibe assessed at any time thereafter. A late fee
of five dollars ($5.00) or one and one-half (1.5) percent, Awhichever Is greater, per month shall be assessed on any
combined unpaid balance greater than ten dollars ($10.00) for charges made pursuant to this article II and/or
article IV of chapter 49 and/or article II of chapter 24 that are past due at time of regular billing. Late charges shall
not be Imposed on toe first occurrence of any past due-balance.,they shall be Imposed on all occurrences
(Supp.No.79)
Created: 2023-16-27 16:31:52 [EST]
Page 20 of 122
Exhibit A
Resolution 13658
Page 20 of 122
thereafter; however, a onetime late fee waiver of the greater of one and one-half (1.5) percent per month or five
dollars ($5.00) may be granted once per thirty-six (36) month period when requested.
Seci 49-54. Termination of service for nonpayment; fee; medical of financial hardships;
hearing.
(a)
if the charge levied is not paid by the date of delinquency as stated in subsection (b) of section 49-52, the
City shall give written notice to the account holder that the water service may be discontinued from the
property serviced and, unless other.arfangements are authorired pursuant to subsection (e) of this'sectlon,
that service shall not be resumed untll all charges due. Including the fee specified iti subsectloh (b) ofthls
section, have been paid together with any charges against the premises of any nature whatsoever then due
and payable to the City under any Qty ordinance pursuant to die provisions of subsection (b) of section 49-
22.
(b)
When an authorized Qty employee turns off or attempts to turn off water senrice as provided In this section,
the account holder shall be assessed a penalty; of one hundred ten dollars (Sli0:00) whether or not the
employee Is physically able to turn off the service.
(cj To resume service, the City will require a minimum of one business day to reestablish service. Requests for
resumption of water service will be handled durltig regular business hours (Monday through Friddy excluding
observed holidays). Requests made after regular business hours will be handled the next business day after
the request for resumption of service.
(d)
Due to extenuating circumsta nces such as broken or leaking pipes or other causes that in the opinion of the
City pose a threat to the health, safety or wel^re of the property or Other members of the public or result In
unreasonable wasting of water, the City,may refuse to resume any unit of service until such time as It is
appropriate to do so. The City may charge the actual cost of resuming service and blll^the account holder for
these Itemized charges.
(e)
The City Treasurer or designee shall have the authority to establish rules and regulations for handling
medical and financial hardship accounts. Such rules and regulations may provide for a waiver offees
pursuant to this section or alternate payment arrangements as determined by the City Treasurer or
deslgriee.
(f)
Any account holder disputingany charges levied pursuant to the provisions of this ,chapter may request a
hearing, the request for a hearing must be made to the department director of business services or designee
and must be recelved no later than forty-five (45) days after theitiitial delinquent date of the disputed
statement Onos the dispute has been acknowledged payment qf the disputed charge Is not required until a
final determination Is made.
(g)
Any amount determined to be due and owing following a hearing must be paid In full, unless other paymerit
arrangements are rnade, within tep (10) days of thedetermination. In the event that the paymerit required
by, this subsection is not timely made, services may be terminated without further nodoe to the account
holder or holders.
Sec. 49-55. Lien for unpaid chains.
(a) When a property owner is established as the account holder pursuant to.this arb'cle, regardless of whether or
not the property Is owner occupied, anycharges lmposed by this article. If not paid by thedelinquent date
, specified In this article, .shall constitute a lien on the property, lot or triactof land to which service, was
rendered.
;(b) Upon delinquency, the utility billing office shall give rmtice to the owner of record of the property, which
shall Indicate; thatthe City,will file a lien on the subject property unless all past due charges are paid.
Cr«tted: 2023rl»-Z7;»;51;52 [EST]
(Supp. No. 79)
Page 21 Of 122
Exhibit A
Resolution 13658
Page 21 of 122
(c)
If delinquent charges due are not paid, the utility billing office shall prepare a notice and claim of lien and
shall file the lien with the county recorder. The notice and claim of lien shall contain the following:
(1)
A description of the property sufficient for Identification.
(2)
The name of the.cwner ofr^rd of the property.
(3)
The arhountbweci.
At such time as the lien is filed, the cost of preparing, processing and releasing the lien shall be added to the
amount due.
(d)
From and after the date Of recording lii the office of the rounty recorder, the lien shall attach to the property
until paid. A sale of the property to satisfy the lien shall be made upon Judgment of .foreclosure and order of
Mie. The City shall have the right to bring an action to enforce the lien in the superior court of the county at
any time after Its recording, but failure to enforce the lien by such action shall not affect its valldliy. the
recorded notice and claim of llen.shall be prime facie evlderice of the truth of all matters recited therein and
the regularity of all proceedings prior to the recording therein.
(e)
A prior recordlngfor the purposes provided in this section shall not be a bar to the subsequent recording of a
lien for such purposes, and any number of such IterK on the sa me property may be erforced ln the same
action.
Sec. 49-56. Collecjtion by civil suit.
(a)
Any charges Imposed pursuant to the provisions of this article. If not paid by the due date specified In section
49-52, may also be collected by a dvil sUlt Institi^d In the name of the City by the City Attorney at the
request of the City atany time after the charges become delinquent notwithstandir^ any other provisions to
the contrary.
(b)
in addition to delinquent charges spedfied in section 49-53:1, the City may recover all costs of jltigatlon and
collection Induding a reasonable attorneys fee.
(c)
The remedies provided by this section shall be cumulative and supplemental to other remedies provided
under this article.
Sec. 49-57. Use of collection agency.
The department director of business services may assign delinquent charges to a bona fide collection agency
for collection.
(a) TheOtyshall have a lien.upOn and right to offset any amount dUe from a Customer or other User to
the under this Chapter against any Income tax refund or other monies that may be owed by the
State of Arizona to such Customer or other User. The Business Services Service Manager may take such
actions and provide such notice to the State as may be necessary to assert siich rights In accordance
with Arizona Revised Statues, Title 42 or any other applicable State law allowing for liens Or offsets of
debts due to political subdivisions of the State.
Sec. 49.1 Additlohal Legal Remedies for the City
(a) The City shall have a lleh upon and right to offset any amount due from,a Customer or other User to the City
under this Chapter against any Income tax refund or other monies that may be Owed by the StateOf Arizona
to such Customer or other User. The Business Service Manager may take.siich actions and provide such
notice to the State as may be necessary to assert such rights In accordance with Arizona Revised Statutes,
Creited: 2e23.10r27'ie:51:S2 [EST]
(Supp. No. 79)
Page 22 of 122
Exhibit A
Resolution 13658
Page 22 of 122
VPLUMEII-
Chapter 49 - WATER, SEWERS AND SEWAGE DISPOSAL
ARTiaE II. - MUNICIPAL WATER SYSTEM
DIVISION 3, BACKFLOW PREVENTION AND CROSS^ONNECTION CONTROL
Title 42 orany other applicable State law allowing for liens or offsets of debts due to political subdivisions Of
the State.
DIVISION 3. BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL
Sec. 49-58. Purpose.
The purposes of this division are as follows:
(1)
To protect the public potable water supply of the City from the possibility of contaminatlon or pollution
by preventing the backflow of contaminants and pollution into the public potable water supply system;
(2)
To promote the elimination or control of existing crbss^onnectlops, actuator potential; within a user'o
jnc^^is internal potable water system, plumbing flxfures and Industrial piping systems;
(3)
To provide for a continuing program of aoss-conhecHon control which will prevent the contamination
or pollution of the public potable water supply system;,and
(4)
To comply with Arizona Departnient of Environmental Quality Regulations 'irfcluSing a!^C-:‘iRlSjSzis.
Sec. 49-59. Backflow prevention required
(a) Backflow prevention shall be required at every customer supply line of a usesla custioffil^s water system
when the Water Resources Division determines that the potable water supplied by the public potable water
system may be subject to contamination, pollution brother deterioration of quality by ctmditions or
potential oohdltiOns within the«s»ls c^’tomeS’ water system. Thecustbmenahaitheiprcver^owTi^Sre
............... —
•^nsIblemmMtirigth'eirequiremeHtsiofthfe
(b) Backflow prevention required by theAWater Resources Division shall be Sufficient to protect against the
potential degr^ of hazard to the public p'otabje water supply frOrh.the'Usefis ciust^er^ water system.
Sec. 49-60. Hazard potential.
The potential de^ee of hazard to the public potable water supply and system from a
water-
supply system shall be determlned using the following hazard factors:
(1)
Health: Aivf actual or potential Condition, deyice or practice which. In thejudgment of ihe Water
Resources Division, may create a threat of contaminatlon to a potable water Supply or may create a
danper to the health and well-being of the potable water consumers.
(2)
Plumbing: An actual or potential plumbing cross-connection in a usew^Sme^'s water supply system
that has not been protected by an approved ba<*ribw prevention assembly. A plumbing hazard may be
either a ppilutiqn or contamination hazard,
(3)
Nonhealtb: Any actual or potential condition, dmice or practice which, lathe jud^ent of the Water
Resources Division, may create a threat of pbllutlon to a pptabie water supply System that is either a
nuisance or aes^eti'cally objectionable but IS not toxic and,does not pose a health hazard.
Scottsdale, Arizona, Code of Ordinances
(Supp.No.79)
Crated: 20I3:iS-27 ie:51:5i [ESTJ
Page 23 of 122
Exhibit A
Resolution 13658
Page 23 of 122
(4) Syst^; wiyactual w potential conditiori, device or practice which, in the Judgment of the Water
Resources Piyisipn may create a threat of severe dama^ to the physical properties of a pOtable water
supply system or that would have a protracted effect on the quality of the potable water In the system.
Sec. 49-61. Backflow prevention assemblies; approved list.
(a) All backflow devices. Independent of design and application, must be “lead free" as defined In 40 Code of
Federal Regulations (CFR) 143, Subpart B and the Safe Drinking Water Ait Section 1417. The following are
the recognized types of backflow prevention assemblies which the Water Resources Division may require)
sub|ect|to,thgaegrepjf i7azardj under section 49-59 or section 49^2,
(1)
Air gap: The unobstmcted vertical distance through free atmosphere between the'lowest pointof a
water supply outlet, pipe or feucet supplying potable water to a tank, plumbing fixture or other device
and the flood level rim of the tank, plumbing fixture or other device. An approved air gap shall be at
least twice the diameter of the supply pipe or faucet and In no case less than one (1) Inch.
(2)
Reduced pressure principle asserrtbly (herelhl^er "BP'7;.A backflow prevention assembly containing
two Independently acting approved check valves together with a hydraulically operating, mechahically
Independent pressure differential relief valve located between the check valves, and at the same time
below the first check valve. The assembly shall include prpperiy located test cocks add tightly closing
shut-off valves at each end of the assembly.
(3)
Double check valve assembfy (hereinafter "DC";.-A backfloW prevention assembly composed of two
independently acting, approved check valves. Including tightly dosing shut-off valves located at each
end of the assemblyand fitted with properly located test cocks.
f4)—Pressure vacuum bre
iftcr "PVB")-; A backflow prevention assembly containing an
Indopondontly operating, loaded chock volvc and onHndepi
located on the dicchargo cldo of the chock valvo. The i
ndontly operating, loaded oir Inictvaiv
hallbeequipps
tact cocks-and tightly clocIngchut-offvalvBE located ateaeb-end of tiw-i
nbfy.
(b) A usafjafst^dF may use a backflow prevention assembly If it has received the approval of the Foundation
for Cross-Connection Control and Hydraulic Research of the University of Southern California, the American
Society of Sanitary Engineering or other recognized testing agency approved by the Water Resources
piylslon, and Its use Is approved by the division, Approved assemblies must have a local manufacturer's pam
and service center.
Sec. 49-62. Backflow prevention assemblies required.
(a) When any ofthe following Items or activities are present or conducted on premises served by the.public
potable water supply system, a potential hazard to the public potable water supply systern shall be
presumed and a backflow prevention assembly, Of the type specified for that item or activity herein, must be
(ij Aircraft and missile plants: RP.
(2)
Animal clinics and ariimal grooming shops: RP-
(3)
Arty premises where a cross-connection is maintained: RP.
(4)
Automotive repair with steam cleaner, acid cleaning equipment, or solvent facilities: RP.
(5)
Auxiliary water systems: RP.
(6)
Beauty shops: RP.
(Supp. No. 79)
Cr««tedi le23-10-27 I0;51;52 [EST]
Page 24 of 122
Exhibit A
Resolution 13658
Page 24 of 122
(7)
Bottling plants, beverage or chemical: RP.
(8)
Breweries; RP.
(9)
Buildings that have plumbing or fixtures connected to plumbing that are greater than thirty-four (34)
feet in height maximum from service connertlon; RP.
(10) Buildings with house pumps ahd/or potable water storage tank: RP.
(11) Buildings with landscape fountains, ponds, or baptismal tanks: RP.
(12) Buildings with sevrage ejectors: RP.
(13) Buildings used for commercial mini-warehouses or Industrial.uses where one (1) service connection
supplies more than one (1) tenant or occupant of the building: RP.
?iarBgirdjp^fh~M'g'^^eM£g1I(i'ertfrat^fiSr°ellfM^
leh'^tr Rpf
(44IS) Canneries, packing houses, and reduction plants; RP.
(4Sp)
Carwash.facllltles;RP.
(4&|7) Cooling tpyrers, boilers, chillers and other heating and cooling systems uttlizing potable water:
"rp.
(4?i8)
Chemical plants: RP.
(48^)
Chemically treated potable or ndnpptable Water.systems::RPi
(Id^ Civil wprks (government-owhed or- operated facilities not open for Inspection by the Water
Resources Division): RP.
(3^1)
Commercial laundries: RP.
(3422)
Dairies and cold storage plants: RP.
(31^) , Dyevrorks;RP.
(33-13)
Film processing laboratories, facilities, or equipment: RP.,
(34^)
Fire system^, as classified by the Armerlcan Water VVorks Association (AWWA) Manual M14, 2nd
edldon:
a.
In accordance with section 49-64(a), Class 1, Oass 2: DC.
b.
Class 3, all systenr)s::DC
c.
Classes 4,5 and 6, all systems: RP,
(35-g6) Fire systems. Where backflow protection Is required on the industrlal/domestic service
connection that Is located pn the same premiss, both service connections will have adequate
backflowr protection for the highest degree of hazani affecting either systerh.
(3S27)
Fpt^ processing plants: RP.
Educational Institutions, Public and Private; RP.
,
holding tank disposal stations: RP.
Hospitals and mortuaries: RP..
Hydrant meters connecting to the public potable water supply system to be used for Irrigation or
(»g)
(3*9)
(3930)
(3^)
construrtibn rrater: RP or air gap.
.Created: 2e23-U-27 ie:Sl:S2 [ESI]
(Supp. No. 79)
Page 25 of 122
Exhibit A
Resolution 13658
Page 25 of 122
(«i2)
Irrigation system:
a.
Premises where nonpotable water Is used for irrigation: RPl
b.
Premises using potabie water with nonpotable water piping: RP.
c.
Premises having a system served by rinore than orie (1) service connection (looped system): RP.
d.
Landscape,Irrigation systems: PVB or RP.
(j^)
Laboratories using toxic materials: RP.
(43|J) Manufacturing, processing, and fabricating plants using toxic or nontoxic materials: RP.
(3435) Master metered apartments, condos and townhouses with more than two units per meter: RP.
(3536) Medical and dental buildings, sanitariums, rest and convalescent homes engaged In the
diagnosis, care or treatment of human Illness: RP.
(3637) Mobile home parks served by master rheter: RP.
(33^
Motion picture studios: RP.
(3^1)
Multiple.servlpes-interconnected: RP.
(3^0).
Oiland gas production facilities: RP.
(4i^i) Paper and paper product production facilities: RP.
(41^)
Plating plants: RP.
(43^) Portable Insecticide arid herbicide spray tanks: RP of aif. gap.
(43^j|)
Post mix drink machines; RP.
(44g5')
Power plants: RP.
(45^) Public swimming pOOIs with self-levelefs or automatic fillers: WB or RP.
(46^)
Radioactive materials processing facilities; RP.
(43^
Restaurants: RP.
(48|«) Restricted, classified, or Other closed facilities; RP.
(43|o)
Rubber plants: RP.
iSf&i)
Sand and gravel plants: RP.
(54S2)
Sewage and storm drainage facilities: RP.
(5^)
Shopping centers served by master tneters: RP.
(SSfl) Waterfront facilities, piers, docks, dockside facilities arid boat maririas: RP.
(54p) Water trucks, water tanks Or hydraulic sewer cleaning equipment; RP or air gap,
(b) When, two (2) or more of the Items or artlyltles listed above are present or conducted on the same premises
and served by the same service connection, the most restrictive backflow preventer required for any of.the
items or activities present or conducted on the premises shall be required to be utilized or installed at the
service connection. The order Of most restrictive, to least restrictive backflow preventers shall be as follows:
(1)
Air ga p (most restrictive );
(2)
Reduced pressure principle-assembly (RP);
(Supp. No. 79)
Cfett«d; 2«J3-le-27 10;51;52 [ESI]
Page 26 of 122
Exhibit A
Resolution 13658
Page 26 of 122
(3) Double check valve assembly (DC);
44)—ProESure vacuum breaker assembly (PVB) (least r
iFictive).
(c) If any property owner or occount holder customer ^lls to Install a device or perform arty action required by
this occtipn division within nlHety|orty-five (9845) calendar days for Arista II of a dovloo-of thirty (3&)-dBys to
so, the Division may either:
(1)
If feasible. Install the required device or perform any necessary action on behalf of the property owner
surcharge on the next regularly scheduled Invoice to die account holder, or
(2)
Discontinue water service as outlined In Section 49-66 to the property until the required device Is
Installed,
(3)
Once a customer Is designated as ndn-Cothpllant, the then current water rate per 1,000 gallons will be
adjusted by one hundred fifty (150) percent for one full billing cycle or until the customer Is deemed
compliant, whichever comes later.
(d)
Include an advisory from the Division that the Division may Install an appropriate devleo attho oiWfwr.i3r
account holder'so(pense or that the son/lco may be discontinued If the required devlco Is not Installed
Issess additional fees, discontinue service, or perform actions at the responsible party's expense If required
actions are not completed or If a required device Is not Installed.
Sec, 49-63. Backflow assembly Installation—Requirements; location.
(a)
Backflow prevention assemblies shall be installed at the customer supply litie connection by the
usercustomer, by obtaining a permit for the appropriate backflow prevention assembly and completing the
Installation within 45 calendar days. This Installation shall be at the eisofia customer's expense and the
standards and specifications adopted by the Division. The assembly shall have a diameter at least equal to
the diameter of the service connection.
(b)
The backflow prevention assembly shall be installed In an accessible location as dose as possible to the
service connection with proper clearances above the ground In accordance with the current set of standard
details approved by the Division for backflow preveritlon assemblies.
(c)
When a «9ef |ustomer requires a continuous water supply, two (2) or more backflow prevention assemblies
shall be Installed parallel to one another at the customer supply line to allow a continuous water supply
during testingpr maintenance of the backflow prevention assemblies. When backflow prevention assemblies
are iristalled parallel to one another, the sum of the crpss-sectiohal area of the assemblies shall be at least
equal to the croEs-cbctlonal area of the custornor supply line-jihe djameter of each assembly shall be at least
jequal to the diameter of the senrice connection.
Sec. 49-64. Installation for fire sprinkler systems.
(a) A backflow prevention assembly Is required for a customer water supply system connection supplying water
only to a fire sprinkler system shall be installed in compliance with the current set of standard details
adopted by the.DIvIslon. 1a dedicated water supply main for the fire sprinkler system shall be provided with
|ackf1ow protection. The supply shall not be a common domestic/fire sprinkler main. A double check.valve
backflow prevention assembly must bb Installed on a fire sprinkler system when any of the following
conditions occur:
(1) During the course of new construction on commercial buildings;
Crated: ie23,ie-27 10.:51;5J [EST]
(Supp. No. 79)
Page 27 of 122
Exhibit A
Resolution 13658
Page 27 of 122
(2)
The existing class 1 or 2 fire sprinkler system is modified from its present condition requiring new
hydraulic calculations;
(3)
The existing single check valve shows signs of deterioration/defects and/or lacks Inspection records
required by 49-^(C);
(4)
The existing system of condition of the system constitutes a hazard to the health, safety or welfare of
the publia
(b)
If the chief of the fire department or their designee, determines that a fire sprinkler system shall have a
continuous water supply \Nhlch may not be Interrupted during testing of the backflow prevention assembly,
the -user customer shall Install, at their expense, tWp (2) backflow prevention assemblies parallel to one
another at the service connection. The diameter of each assembly shall be at least equal to the diameter of
the service connection.
(c)
Owners of existing Class l and 2 fire sprinkler prevention systems that do not have a double check backfloW
prevention assembly shall annually have the Iriternal components of the required single.check valve
assembly Inspected and maintained according to procedures Identified in the National Fire Protection
Association Publication 25 or Division guidelines, fnspectlon tag must be prominently displayed or easily
accessible at all times. If the single Check Is defective, It shall be reported within twenty-four (24) hours to
the fire departinent and Water Resources Division and the Owner must Obtain a permit and complete
Installation to replace the defective sin^e check valve with a double check backflow prevention assembly
within 45 calendar days.
(d)
Prior to installing or replacing a backflow prevention assembly on an existing sprinkler system, the sprinkler
system must be tested and determined able to meet National Fire Protection Association Standard 13
minimum flow calculations with the addition of a backflow prevention assembly on the existing system. The
fire department must approve the plans and hydraulic calculations prior to the Installation of a backflow
prevention assembly. The approved plans and calculations shall be available.onsite at the tirne of the fire
department underground Inspection and flow test Immediate retrofit of the appropriate backflow
prevention assembly shall be required If the existing system or condition of the system constitutes a hazanl
to the health, safety or welfare of the public.
(e)
Any person, firm, corporation, partnership, etiterprise or association, whether as principal, owner, agent,
tenant orotherwlse who violates, disobeys, omits or refuses to comply with, or who. resists the enforcement
of any of the provisions of this section Is subject to a civil penalty. Upon a flndingof a civil violation, the court
shall Impose a fine not to exceed one thousand dollars ($1,000.00). Each day a violation of any provision of
this section continues to exist shall constitute a separate offense.
(f)
Notwithstanding subparagraph (e) of this sectiort, a second or subsequent violation of any of the provisions
of this section within a two-year period shall be deemed a misdemeanor. Upon conviction of a misdemeanor,
the defendant shall be sentenced pursuant to the provisions of Action 1-8 of this Code.
Sec. 49-65. Inspections; maintenance; records.
(a)
An Inspection shaUmay be conducted to determine whether any cross-connections dr other hazard
potentials exist and to determine compliance with this article. The useris Customer's water system shall be
available at all times during normal business hours for Inspection by authorized personnel of the Water
Resources Division.
(b)
Backflow prevention assemblies shall betestedatleastonceayeardurlngthedeslgnated testingmontii
determined by the Division. A notice shall be Issued by the Division to the usericustomer when a backflow
prevention assembly Is due for testing. If the testing reveals the assembly to be defective or In unsatisfactory
operating condition, repairs shall be performed and a passing test of operation prcvided to the Division,
Craited: 2613-19-27 16:S1:62 [ESI]
(Supp. No. 79)
Page 28 of 122
Exhibit A
Resolution 13658
Page 28 of 122
(ncluding replacement of the assembly If necessary, which will return the assembly to satisfactory operating
condition within forty-five (45) caiendar days after:the date of the notice Issued by the Division. The testing
and maintenance of each assembly shall be performed at the expense of the 4iises customer.
(c)
if the Division or teer customer learns or discovers, during the period between tests, that an assembly Is
defective Of is In unsatisfactory operating condition, the user ,customer shail perform any necessary repairs.
Including replacement of the assembly. If necessary, which will return the assembly to satisfactory operating
condition.
(d)
the installation, testing, maintenance, repair, and replacement of backflow prevention assemblies shall only
be performed by an Individual certified and approved by an agency recognized by the Division. A tester may
be suspended from testing In Scottsdale for improper testing, maintenance, reporting or cither Improper
practices as determined by the Division.
(e)
The tsef customer or property owner shall maintain records, of the results of all Installation, testing,
maintenance, repairs, and replacements of the backflow prevention assetfiblles on forms approved by the
Division |or a minimum of three years and must provide them upon request The uses Customer or property
owner shall submit to the Division a copy of the records within seven ten (?10) calendar days after
completion of the activity for which the records are made.
(f)
Existing Qass 1 and 2 fire systems that are not equipped with a double check backflow prevention assembly
shall have the Internal components of the required single check valve assembly Inspected and maintained
according to procedures identified in the National Fire Protection Association Publication 25, as contained In
the Water Biased Fire Protection Systems, 1992 edition. Inspections Of fire protection systems shall be
performed on an annual basis with records of the Inspections provided to the fire department and the
Division. Any malfunction or abnormality with the check valve shall be reported within twenty-four (24)
hours to the local fire department and Water Resources Division and replaced Immediately with a double
check backflow prevention assembly.
Sec. 49-66. Discontinuance of water service; notice.
(a)
The Division may disconnect water service to any uesf customer who refuses entry or access to Division
Inspectors for inspection pursuant to Section 49-65.
(b)
If the Division discovers that a •uses property owner or customer has not Installed a required backflow
prevention aSsertibly or that a backflow prevention assembly has been Improperly tested or maintained,
bypassed or removed, of that an unprotected cfoss:Connection exists In the vsesisCustomer's water system,
the customer supply line from the meter shalibe disconnected If the situation is not remedied within the
time specified in the notice sent to the usesproperty owner or customer as described In subsectlon fd)
below. The (customer supply line} shall not be restored until the condition Is remedied.
(c)
Afoustomer supply line} to a fire sprinkler system shall not be subject to disconnection under this section,
but may be subject to penalties pursuant to Section 49-64 of this Code.
(d)
Prior to disconnecting any customer supply line because a condition set forth In subsection (a) or (b) above
exists, the Division shall send a hoticerfo the customer, and property owner If different than the customer,
describing the condition and notifying the usef oistomer and property owner that the condition must be
remedied within thirty (30) tpaiendar days after notice Is sent by the Division mailing of the-rxitice by the
division. If such condition is not remedied within the thlrtyfBO) calendar-day period, thedblyislon shall send
a second notice, by certified mail, to.the esef property owner and customer notifying tho-austomof that
water service will be disconnected in ten (10) calendar days if the condition Is not remedied within such time
period.
crtited;. 20J3-ie-27 10:51:52 [ESI]
(Supp. No. 79)
Page 29 of 122
Exhibit A
Resolution 13658
Page 29 of 122
(e)
The Division may disconnect, without notice, water sewice to anyttsesicustomer when the dlvtsloh discovers
that the/usefis customer's water system Is contaminating the public potabie water supply.
(f)
If water sen/lce Is terminated for nons:ompllance with the provisions In thispivislon section, a fee to
reimburse the city will be added to tile user's customer's monthly water billing statement upon compliance
with the required backflow testing as outlined In Section 49-65. The fee shall be a minimum charge equal to
two (2) hours of labor at the provalllng[the current disconnect rate as established by the Qty |n Section 49-
54(b). The property owner may be charged such additional amounts as may be necessary and In all such
cases, the usef pustomer shall receive an Itemized bill. The fee shall be assessed for each additional water
turn-on trip required after each non-compliance with thlsSvIslon sestten resulting In termination of Water
sen/lce.
Sec, 49-67. Reserved.
Sec. 49t68. Plan review.
(a)
All backflow prevention assemblies which will be installed shall be shown and specified on all required
building and engineering plans, City approval of the Intended Installation Is required prior to Issuance of any
building or encroachment permit.
(b)
Installation permits for the Installation or replacement of all backflow prevention assemblies required by the
City shall be obtained from the City prior to installatlori. A separate permit shall be obtained for each
required backflow prevention assembly to be installed or replacedi IfKluding roplacomont. ^1 newly
Installed, Including replacement, assemblies are to be tested by a certified tester and shown to be operating
correctly.
(c)
Backflow prevention assemblies must be installed as to meet the current set of standard details and
specifications of the Water Resources Division and be tested by a certified tester and shown to be operating
torrxtly before a temporary certificate of occupancy Is Issued by the City.
(d)
The Water Resources Division may. In writing, suspend or revoke a permit Issued under the provisions of this
article, whenever the perrnit Is issued In error, or on the basis of Incorrect Infpnnation supplied, or in
violation of any ordinance or regulation of ahy provision of the Urilform Plumbing Code or this article.
Jnstallatlon permits expire one [1] year from Issuance.
Je) The Water Resources Division retains independent enforcement authority under Scottsdale Revised Code
Chapter 49 to require the Installation of backflow prevention assemblies at any stage of development or
occuparx:y, regardless of prior plan approval. Failure to Include or Install required assemblies may result In
enforcement actions. Including withholding of water service or occupancy approvals, until compliance Is
achieved.
Sec. 49-69. Fees.
A fee may be established by City Council resplutibn to recover the cost of the cross-connection control
prb^am.
Sec. 49t70. Reservedyarlances.
'a variance Is an approval by the Division Director that authorizes a deviation from one or more requirements of
Sections 49-58 through 49-70 If In the opinion of the Division Director a health hazard, safety or nuisance will not
result from the deviation.
■Cr«lted; M23,l»-27 10:52:52 [EST]
(Supp. No. 79)
Page 30 of 122
Exhibit A
Resolution 13658
Page 30 of 122
(a) Variances may be required when an unusual or unreasonable barrier e)(Ist5 to comply with a provision
of this Division.
A separate variance must be obtained for each deviation from the requirements of this Division.
1c) A variance may be granted provided that the proposed alternate method or work conforms to the
general Intent of the rules and regulations. A variance granted by the Division may Include
stipulations or additional requirements.
^d) Request must be submitted through the formal variance process established by the Division.
(e) The Division will notify the applicant upon determination.
^ Any subsequent replacement or location change of an assembly will require a new variance request
ARTICLE m. WATER AND WASTEWATER DEVELOPMENT FEES
Sec. 49-71, title.
This Article shall be known as the "Water and Wastewater Development Fees Ordinance of the Oty of
Scottsdale," and may be cited as such.
Sec. 49-72. Legislative Intent and purpose.
This Article Is adopted for the purpose of prorhotlng the health, safety and general welfare of the residents
oftheCItyby:
(a)
Requiring new development to pay Its proportionate share of the costs Incurred by the City that are
associated with providing Necessary Public Services to new development
(b)
. Setting forth standards and procedures for Creating arid assessirig Development Fees consistent vl/lth
the requirements of Arizona Revised Statutes ("A.R.S.") § 9-463.05, including requirements pursuant to
A.R.S. .§ 9-463.b5(K) that on or before August 1,2014, the City must replace its Development Fees that
were adopted pr|or to Jariuary 1, 2012 with Deyeloprnent Fees adopted pursuant to the requirements
of A.R.S. § 9-463.05 as amended by the state legislature In SB 1525, Fiftieth Legislature, Flrst.Regular
Session.
(c)
Providing for the temporary continuation of certain Development Fees adopted prior to January 1,
2012 until otherwise replaced pursuant to this Article, or longer where such Development Fees were
pledged to support Financing of Debt for a Grandfathered Facility as permitted by A.R.S. § 9-463.05(K),
{R),and(S).
(d)
Setting forth procedures for administering the Development Fee program, including mandatory
Offsets, Credits, and refunds of Development Fees. AII.D^elopment Fee aSsesstnents,Offsets, Credits,
or refunds must be administered In accprdarice with the provisions of this Article.
This Article shall not affect the City's zoning authority or Its authority to adopt or amend Its General Plan,
provided that planning and zoning activities by the City may require amendments to Development Fees aS
provided Iri Section 49-77 of this Article.
Sec. 49-73. Deflnitlons.
When used in this Article, the terms listed below shall have the following meanings unless the context
requires otherwise. Singular terms shall include their plural.
(Supp. No. 79)
-edited:-2e29-19-27 19:S1:S2 [E5T]
Page 31 of 122
Exhibit A
Resolution 13658
Page 31 of 122
Acre-foot of water: That quantity of water required to cover ope (1) acre of larid one (1) foot deep, three
hundred twenty^five thousand eight hundred fifty-one (325,851) ^llons.
Applicar)t: A person who applies to the City for a Building Permit or submits a site plan or subdivision plat
Appurtenance: Any fixed machinery or equipment structure or other fixture. Including Integrated hardware,
software or other components, associated with a Capital .Facility that are necessary or convenient to the operation,
use, or maintenance of a Capital Facility, excluding replacement of the same after Initial development of the
Capital Facility, but only as to those appurtenances, or portions of those appurtenances, which provide service to
existing EDUs.
Building Permit: Any permit Issued by the City that authorizes vertical construction. Increases square footage,
authorizes changes to land use, or provides for the addition of a residential or non-residential point of demand to
the water, water supply, or wastewater system.
Capitol Facility: An asMt having a U^fol Life of three (3) Or more years that Is a component of Water or
Wastewater Service 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."
Category of Development: A specific category of development within a Residential, Commercial, Industrial,
Mixed-Use, dr Supplemental land use district against which a Development Fee Is calculated and assessed based
on a recommended water meter type where a Detached Single-Family Dwelling Unit Is one (1) EDU, while the EDU
factor for a unit of development within another Category of Development Is represented by the ratio of the
demand for Water and Wastewater Services typically generated by that unit as compared to the demand for such
services typically generated by a Detached Single-Family Dwelling Unit The City assesses Development Fees
against the yarlous.recommended types of Water meters for various Categories of Development within the
Residential, Commercial, Industrial, Mixed-Use, or Supplemental land uSe districts as defined in this Section,
Oty: The City of Scottsdale, Arizona.
Commercial Land Use: Those commercial land uses Identified In the Zoning Ordinance for the Qty of
Scottsdale as S-R, SeryicerResIdential; C-S, Regional Shopping Cefiter; C-1, Neighborhood Commercial; C-2, Central
Business; C-3i, Highway Commercial; C-4; General Commercial; SS, Support Services; C-O, Commercial Office; PCoC,
Planned Convenience Center; PNC, Planned Neighborhood Center; PCQ Planned Community Center; PRC, Planned
Regional Center.
Commerdal/lndustrlalarid Non-Resldentlal means all customer classifications serviced by a water meter,
except Single-Family Residential and MultFFamily Residential, and are connected to a sewer or septic system.
Credit: A reduction in an assessed Development Fee resulting from developer contributions to, payments for,
construalon of, or dedications for capital facilities Included In an Infrastructure Improvements Plan pursuant to
Section 49-83 of this Articje (or as otherwise permitted by this Article).
Q-ed/tAgreemerrt; A written agreement between the City and the developer(s) of a Subject Development
that allocates Credits to the Subject Development pursuant to Action 49-83 of this Article. A Credit Agreement
may be included as part of a Development Agreement pursuant to Section 49-84 of this Article.
Credit Allocation: A term used to describe When Credits are distributed to a particular develppmerit or parcel
of land after execution of a Credit Agreement, but are not yetTssued.
Credit l^uance: A term used to describe when the amount of an assessed Development Fee attributable to a
particular development or parcel of fend Is reduced by applying a Credit allocation.
.created; 2823-ie-27 H;S1:53 [ESI]
(Supp. No. 79)
Page 32 of 122
Exhibit A
Resolution 13658
Page 32 of 122
Development: Any property which Is proposed to be Improved in a manner that creates a demand for City
water or wastewater service.
Deve/oper:shall Include the Individual, firm, corporation, partnership, association, syndication, trustor other
legal entity which Is responsible for facilitating the owner's demand on the City water or sewer facilities and
creates structures on that land. The Developer and Owner may be the same.
Development Agreement: An agreement prepared In accordance with the requirements of A.R.S. § 9-500.05,
and any applicable requirements of the City Code.
Direct Benefit: A benefit to an EDU resulting from a Capital Facility that: (a) addresses the need for water
and/or wastewater services created |n whole or In part by the EDU; and that (b) meets either of the following
criteria: (I) the Capital Facility is located in the service area of the EDU and Is needed In the service area of the EDU
to maintain the Level of Service; or (il) the Capital Fadlity substitutes for, or eliminates the need for a Capital
Facility that otherwise Would Haye been needed Iri the service area of the EDU to rnaintairi the City's Level of
Service.
Division: The aty of Scottsdale Water Resources Division.
Division Director: The division director of Water Resources or designee.
Dwelling Unit: A house, apartment, mobile horne, or trailer, group Of rooms, or single room occupied as
separate living quarters or, if vacant; Intended for occupancy as separate living quarters.
DS+PM: The DesIgn Standards and Policies Manual for the City of Scottsdale.
Equipment; Machinery, tools, materials, and other supplies, not Including vehicles, that are rieeded by a
CapItal FacIlIty to provide the Level of Sen/Ice specified by the Infrastructure Improvements Plan, excluding
replacement of the same after Initial development of the Capital Facility, but only as to that equipment; or portion
of that equipment. Which provides service to existing EDUs.
Equivalent Demand Unit (EDU): A uriit of development vylthin a particular Category of Deyelopmerit defined
In terms of a standardized measure of the demand that a unit of develOprhent in that Category of Development
generates for Water and Wastewater Services. The EDU, or number of EDUs, In the City for Water and Wastewater
Services Is based on the type of applicable water meter required for a particular category of development In
relation to the demand generated by a Detached Single-Family Dyvelling Unit. For all Water and Wastewater
Services, the EDU factor for a Detached Single-Family Dwelling Unit is one (1), while the EDU factor for a unit of
development within another Category of Development is represented as a ratio of the demand for Water and
Wastewater Senrices typically generated by that unit as compared to the demand for such services typically
gefierated by a Detached Single-Family Dvvelling Unit An EDU shall be a "service unit" for purposes of A.R.S. § 9-
463.05(T)(10). The 1“ meter Is the minimum type of meter for a Single-Family Dwelling Unit wrlth a base flow often
(10) gpm.
Existing Capacity: Recognizing that portions of the existing capacity of the water or wastewater systems have
capacity available to proyide service to new development, the Development Fees shall recover the cost per EDU
for that existing capacity. Service provided to new developmerit shall be at the same level of service provided to
existing development. The cost of existing capacity providing service to new development may Include any of the
costs defined herein for a Capital Facility Or for Facility Expansion, as the Circumstances may dictate. The City may
include as a-comportent of the water and wastewater Development Fees, a cost measured by the current
replacement cost hew less depreciation of existing water and wastewater s^tem Capital Facilities that have
capacity available for new development.
Facility Expansion: The expansion of the capacity of an existing facility that serves the same function as an
otherwise nevy water or westewater service faciiity in order that the existing facility rhay serve new development.
Facility expansion does not Include the repair, maintenance, modernization, of expansion of an existing facility to
better serve existing development.
Cretted; 2623^16-27 16:51:53 [E5T]
(Supp. No. 79)
Page 33 of 122
Exhibit A
Resolution 13658
Page 33 of 122
Fee Report: A written report developed pursuant to Section 49-75 of this Article that Identifies the
methodology for calculating the amount of each Development Fee, explains the relationship between the
Development Fee to be assessed and the System Average Cost per EDU calculated In,the Infrastructure
Improvements Plan, and which meets other requirements set forth In A.R.S. § 9-4^.6S.
Financing or Debt: Any debt, bond, note, loan. Interfund loan, fund transfer or other debt service obligation
used to finance the development or expansion of a Capital Facility.
Final Approval: means (a) for Commercial, Industrial, or Multi-Family development, the date of approval of a
site plan, or. If no site plan is submitted for the'devejopment, the date of approval of a final subdivision plat, or the
date of approval of final plans wherein a building permit Is Isisued or a water meter Is purchased, and development
fees are paid; or (b) for a Slngle4=amily residential development, the approval of a final subdivision plat.
Grandfathered Fadlitles:.Caplta\ Facilities provided through Financing or Dbbt Incurred before June 1,2011
for which a Developrrient Fee has been Pledged towards repayment as described Iti Section 49-75 of this Article.
Grpridfathered Oed/t Agreement; A'Credit Agreement entered Into by the City,and a Developer for Capital
Facilities provided by the Developer and accepted by the City before June 1, 2011.
Gerteral Plan: Refers to foe cornprehensjve plan, or part thereof, and al| artiendments, providing for the
future growth and developrrient bf foe City, the overall land-use plan for the City establishing areas of foe City for
different purposes, zones and activities adi^ted by the City Gouncliand any subsequent amendments to foe
General Plan, including but not limited to foe updated Land Use.Map.
6pm; Means gallons per mlnute.
Gross Develdpment.Fee: The total Development Fee.to be assessed against a Subject Develbprrient on.a per
EDU basis, before subtraction.of any Credits.
Industrial Land Use: Those industrial land uses Identified Iri foe Zoning Ordinance for foe City of.Scottsdale as
Light Ernplbyrnerit, l-G; and Industrial Park,,l-1.
trrfrastructure Improyernerits Plan: A written plan that Identifies each water or wartewater service w facility
expansion that Is proposed to be the subject Of a,Development Fee and othenvise complies with foe.requirements
of Section 49-79, and may be foe City's capital Irriprovement plan.
Interim Fee5c/iedute: Ariy Devb|ppnierit Fee schedule established before January ;!, 2012 In accordance with
then-appilcableiaw,.and which expired not later than August 1,20i4 pursuant to Section 49-82 of this Article.
Land Use Assumpt/ons.'.ProJections of changes In land uses,.densltles. Intensities and population for a Service
Area oyer a period of at least ten (lO) years and pursuant to the Oty's gerieral plan as specified |n Section 49r78 of
this Arricle.
Level o/Servfce; A quantitative and/or qualitative measure of Water and Wastewater Services that Is to be
provided by foe City to development in foe Service Area, defined In terms of the relationship between service
capacity and service demand and accessibility, comfort and convenience. Or other similar measures Or
combinations bf measures. Level of Service may be rriea.sured differently for different Categories of Water and
Wastewater Services, as Identified In the Infrastructure Improvements Plan!
Local Collection System; Water and/or Wartewater. collection facilities which are not included in the Water
and Wastewater Infrastructure improvement Plan as may be amended from time to time and are strictly Internal
to the development Iteelf,
Local Distribution System; Water and/or wastewater distribution facilities which are not Included In foe
Water and Wastewater Infrastructure Improvement Plan as may be amended from time.to time and are strictly
Internal to foe development Itself.
Cretted; 2923,10-27 Ie;51:S3 [E5T]
(Supp.No.79)
Paee 34of 122
Exhibit A
Resolution 13658
Page 34 of 122
Mixed-Use Di5tr/cts: D, Downtown; P-C, Planned Community; PCP, Planned Commercial Park; PUD, Planned
Unit Development
Multi-Family fies/dentfci/ means more than one (1) dwelling unit Is serviced by a single water meter and Is
connected to a sewer or septic system.
Multi-Family Residential, Commercial/Industrial and Non-Resldentidl Landscape/lrrigadon means any
unoccupied open area which Is not connected to a sewer or septic system and excludes Single-Family Residential
Lendscape/Irrigatlon.
Necessary PublicSeM^s: "Nec^sary Public Servjces" shall have the meaning prescribed In A.R.S. § 9-
463.05(T)(5), but Includes within the Qty of Scottsdale only Water and Wastewater Service. Water and
Wastewater Services are authorized to assess Development Fees, as further defined In Section 49-79(a)(l) of this
Article.
Offset: Ah amount which Is subtracted from the overall capital costs of providing water and Wastewater
Services.to account tor those capital components of Infrastructure or associated debt that have been or will be
paid for by a development through taxes, fees (except for Development Fees), and other revenue sources, as
determined by the Qty pursuant to Sectlon49-79(a)(13) of this Article.
Pledged: Where used vvlth reference to a Development Fee, a Deveipprhent Fee shall te considered
"pledged" where It Was Identified by the City as a source of payment or repayment tor Financing or Debt that was
Identified as the source of financing for Water and Wastewater Senrioes for which a Development Fee was
assessed pursuant to the then-applicable provisions of A.R.S. § 9463.05.
Qualified Professional: Any one (1) of the following: (a) a professional engineer, surveyor, financial analyst dr
planner, or other licensed professional providing services within the scope of that person’s,education or
experience related to City planning, zoning, or Development Fees and holding a license Issued by an agency or
political subdivision Of the State of Arizona; (b) a finanda.l.analyst, planner, or other ripn-llitensed professional that
Is prpvldlng services within fits scope of the person's education or experience related to City planning, zoning, or
Development Fees; or (c) any other person operating tinder the superVlsIon.Of one (1) or more of the abcve.
Residential Land Use: Those land uses Identified In the Zoning Code of the Qty of Scottsdale as Single-Family
residential and classified as Rl-190, Ri-136, Rl-70, R143, Rl-35, Rl-18, Rl-io, Rl-7, R1-5: 'R-2, Two-FamNy
Residential; R-3, MediurriDensIty Residential; R4, TownhouSe Residential; R-4R, Resort/Towhhouse ResWentlal; R-
5, Multlple^famlly Residential; and M-H, Manufactured Horne.
RIght-of-Way: Land which by deed, conveyance, agreement, easement> dedication, usage, or process of law
Is resen/ed for or (ledicated to the general public for street, highway, alley, public utility, or pedestrian walkway
purpcises.
Service Area: The area within the boundaries of the City within which the City provides a Category of Water
or Wastewater Services to development at a planned Level of Service; and within which a Substantial Nexus exists
between the Capital Facilities to be provided and the development to be Served.^me or all of the Capital
Facilities providing service to a Senrice Area may be physically located outside of the Serylce Area provided that
the required Substantial Nexus or Direct Benefit Is demonstrated to exist.
Service Unit: A standardized measure of consumption, use, generation, or discharge attributable to an
Individuaittnit of development calcuiated pursuant to generally accepted engineering Of piarinlngstandards for
Water or Wastewater Services or facility expansion. As used herein, a service unit is the same as an Equivalent
Demand Unit (EDU).
Single-Family Residential means one (1) dwelling unit Is serviced by a single water meter In which a single
family typically resides and Is connected to a sewer or Septic system,
Single-Family Residential Landscape/lrrlgatlon means any unoccupied open area which Is not connected to a
sewer or septic system and provides service to a Single-Family Residential landscape area.
Created: 2123-10-17 le;51:53 [ESTJ
(Supp. No. 79)
Page 35 of 122
Exhibit A
Resolution 13658
Page 35 of 122
Subject Development: A land area linked by a unified plan of development, which must be contiguous unless
the land area Is part of a development agreement executed In accordance with A.R.S. § 9-500.05.
Substantial Nevus: A substantial nexus exists where the demand for Water or Wastewater Services that will
be generated by an EDU can be reasonably quantified in terms of the burden it will Imptwe on the available
capacity of existing Capital Facilities, the need it will create for new or expanded Capital Facilities, and/or the
benefit to the development from those Capital Facilities.
Si/pptemento/D{str/cts;PTl, Parking P-1; P-2, Parking P-2; P-3, Parking P-3; P-4, Parking P-4; W-P, Western
Theme Park; SC,'Special Campus; H-P, Historic Property; OS^pen Space; COS, Conservation Open Space; ESL,
Envirorimentally Sensitive lands; F^O, Foothills Overlay; DO, Downtown Overlay; PBD, Planned Block Development;
PRD, Planned Residential Development.
System Avera^ Cost Per EDU: The total current value of existing facilities plus the future capital costs listed
In the Infrastfuctore Improvemerits Plan for Water or Wastewater fervices divided by. the total service capacity
projected In the Service Area for Water or Wastewater Services over the same time.period.
Useful Lfe: The period of time In which an asset can reasonably be expected to be used under, normal
conditions, whether or not the asset will continue to be Owned and operated by the City over the entirety of.such
period.
Wastewater Service; Includes, but Is not limited to sewers, lift stations, reclamation plants, wastewater
treatment plants, and all other facilities for the collection, interception, transportation, treatment and disposal of
wastewater, and any appurtenances for those facilities.
water Service: Includes, but Ishotllmited to those facilities necessary to provide for water services to
development, Including the acquisition, supply, transportation, treatment, purification, and distribution of water,
and any appurtenances for those facilities.
Water Supply: Is an essentiaipart of Water Service, and funds from the Water Supply fund.account may only
be used for acquiring, transporting, treating, and niahaging thrdu^ recharge to and recovery from underground
aquifers, new and renewable supplies of water.
Sec. 49-74. Applicability; repeal of previous ordinances.
(a)
Except as otherwise provided herein, from and after 12:130 a.m. oh July 1, 2014, this Article shall apply to all
new development within the Qty's Water and Wastewater Sen/Ice Areas.
(b)
The provisions of this Article shall apply, to all of the territory within the corporate limits of the City which
define the Q'ty's water and wastewater service areas. Section 49-84.1 shail apply only to Water and
Wastewater Services provided outside the boundaries of the City.
(c)
The diyislon director is authorized to rriake determinations regarding the application, admirilstratlon and
enforcement of the provisions of this Article.
(d)
The existing Article III of Chapter 49 of the Scottsdale Revised Code is hereby repealed In Its entirety,
effective at 11:59 p.m, on June 30, 2014* and is replaced by the provisions of this newArtide III, Chapter 49.
Sec. 49-75. Authority for development fees.
(a) pee Report and Implementation. The City may assess and collect a Developrrient Fee for costs of Water
and Wastewater Services, Including all professional services required for the preparation or revision Of
an Infrastructure Improvements Plan, Fee Report, Deyelopment Fee, and required reports or audits
conducted pursuant to this Artide. As a part of Water Services, there Is, hereby established a Water
Supply fund accouht to be used as defined above. The Water Development Fee wilfbe charged as one
Ci^atedi'2e23-:ie-27-ie:Sl:59 [EST]
(Supp.No.79)
Page 36 of 122
Exhibit A
Resolution 13658
Page 36 of 122
(1) fee, biit will be ae^unted for as tvvo (2) separate fund accounts, one (1) to.be used for Water Service
and one (1) to be used for Water Supply, both as defined above. Water Service wMI receive ninety four
and eight tenths percent (94.8%) of the Water Development Fee and Water Supply will receive five and
two and two tenths percent (5.2%) of the Fee. For new golf course development and where considered
appropriate, the division director may enter Into an Agreement with the golf course Developer, as
provided In Section 49-90, and agree to
(b) charge the Developer only that portion of the Water Development Fee attributable to the Water Supply
Fee. Development Fees shall be subject to the followlrig requirements:
(1)
The City shall develop andadopt a Fee Report that analyzes and defines the Development Fees to be
charged In the Service Area for each Water and Wastewater Capital Facility, based on the
Infrastructure Improvements Plan and the System Average Cost per EDU calculated pursuant to Section
49-79.of this Article;
(2)
Development Fees shall be assessed against the recommended types of water meters for a|l new
Commercial, Mixed-Use, Residential, Industrial, and Supplemental land use developments, provided
that the City may assess different amounts of Development Fees a^Inst the recommended types of
water meters for specific Categories of Develpprnent within each Land-Use based on the number of
EDUs that are associated with providing Water and Wastewater Services for the recommended water
meter types within that Category of Development. No Development Fee shall exceed the System
Average Cost per EDUforany water meter type. Water metersshall be typed to the flow
corresporiding to those shown In the DS-tPM, Figure 6.1-4 which are based on the flow determinatlbh
method provided therein and a targeted acceptable range of the cited AWWA M22 high normal flow
rate. In the event of a disagreement between the Developer and the City as to the appropriate type of
meter, the City's decision shall be final. The Development Fees will provide funds for costs of new or
expanded facilities for Water and Wastewater services as required by new development within the
City's Service Area.
(3)
No Development Fees shall be charged or Credits Issued, for any Capital Facility that is nota Water or
Wastewater Service.
(4)
Costs for Water and Wastewater Services made necessary by new deyelopment shall be based oh the
same bevel of Senrice provided to existing development In the Senrlce Area. Development Fee^may
not be used to provide a higher Level of Service to existing development to update. Improve, expand,
connect, or replace existing water and wastewater services to meet stricter safety, efficiency,
enylronmerital, or other regulatory standards to the extent that these are applied to existing Water
and wastewater Capital Facilities that are serving existing developrherit.
(5)
Development Fees maymot be used to pay the aty'sadmfolstratlve, maintenance, or, other operating
costs.
(6)
Projected Intertot charges and finandhg costs can only be Included in Development Fees to Ihe extent ■
they represent principal and/or interest on the pdrtiori of any Firiaticing or Debt used to finance the
construction or expansion ofa Capital Fadllty identified.In the infrastructure Irnprovements Plan.
(7)
Except for any fees Included on Interim Fee Schedules, all Development Fees charged by the Oty must
be'induded In a "Fee Schedule" prepared pursuarit to this Arfde and Included In the Fee Report.
(8)
All Development Fees shall rneet the requirements of A.R.S. § 9-463.05.
(b) Casts per EDLf. TheFee Report shall summarize the costs of Capital Facllldes necessary to serve new
development on a per EDU basis as defined and calculated In the infrastructure Improvements Plan,
Including all required Offsets, arid shall recpmrfiend a Development Fee structure for Water and Wastewater
Services.for adoption by the City.
Crated; 2823-19-17 29:52:53 [EST]
(Supp. No. 79)
Page 37 Of 122
Exhibit A
Resolution 13658
Page 37 of 122
(c) CaiTy-bver<^Prevlously-Es^blkhed DevMpment Fees and Grdnt^athend Facilities. Notwithstanding the
requirements of this Article, certain Development Fees adopted by the aty before the effective date of this
Article shall continue in effect as follows;
(1)
Until July 1,2014, Water and Wastewater Development Fees established before January 1, -2012 shall
continue In full force and effect Water and Wastewater Development Fees collected before January 1,
20i2, shall only be expended on Capital Facilities within Wafer and Wastewater Services.
(2)
The City may continue to collect and use any Development Fee established before January 1,2012,
evenTf the Development Fee would not ptherwlse be perrriitted to be collected and spent pursuant to
A.R,S. § 9-463.05, as amended by the state legislature in SB 1525, Fiftieth Legslature, First Regular
Session, If either of the following apply:
a.
Both of the following conditions are met:
I,
Before June i, 20li, the Development Fee was pledged towards the repayment of
Financing or Debt Incurred by the City to provide a Capital Facility;, and
II.
the applicable Capital Fadllt/ was Included In the Qty's Infrastructure Improvements Plan,
or other City planning document prepared pursuant to applicable law, before June 1,2011.
b.
Before July 1,2014, the City uses the Development Fee to finance a Capital Facility In accordance
with A.R;S.§ 9-463.05(5).
(3)
Defined terms In any previously established fee schedule shall be Interpreted according to the
ordinance In effect at the time of their.adoption.
Sec. 49-76. Installatton of local Improvements by developers.
The developer shall Install, at their expense, all local water and wastewater distribution Improvements
necessary for a development The developer shall pay all Development Fees required by this Article to provide
sendee to their local distribution Improvements. The developer shall Install or pay for system Improvements Whicdi
shall be Included and Identified In a development masterplan which has been approved by the City. The City may
elect to.participate In the cost of overslzlng of any pipelirie or other fadlitles. Any water meter Iristalled for
Irrigation or fire protection purposes only shall not be Included in the calculation of Wastewater Development
Fees.
Sec. 49-77. Administration of development fees.
(a)
SeparateAccoi/nb, Developrneht Fees collected pursuant to this Article shall be placed in separate. Interest-
bearing accounts for Water and Wastewater Services.
(b)
1/mitotions on Use p/Fees Development Fees and any Interest thereon collected pursuant to this Article
shall be spent to provide Capital Facilities associated with Water and Wastewater Sen/Ices In the Service
Area, Including costs of Financing or Debt used by the City to finance such Capital Facilities and other costs
authorized by this Article that are Included in the Infrastructure Imprevements Plan.
(c)
Time Limit Development Fees collected on orafter July 1, 2014 for Water and Wastewater Facilities shall be
spent within fifteen (15) years after the date upon which they were cpilected,
Sec. 49~78‘ .Land use assumptions.
The Infrastructure Improvements Plan shall be consistent with the City’s current Land Use Assumptions for
the.ServIce Area and Water and Wastewater Services adopted by the City pursuant to AiR.S. § 9-463.05.
Cre<ted;- JM3r«-27 ie.M:53 [ESTJ
(Supp.No.79)
Page 38 of 122
ExhibitA
Resolution 13658
Page 38 of 122
(a)
Reviewing the Land Use Assumptions. Before the adoption,or amendment of an Infrastructure
Improvements Plan, the City shall review and evaluate the Land Use Assumptions on which the
Infrastructure Improvements Plan Is to be based to ensure that the Land Use Assumptions within the
Service Area conform to the General Plan.
(b)
Evaluating Necessary Changes. If the Land Use Assumptions upon which an Infrastructure
Improvements Plan Is based have not been updated within the last five (5) years, the Qty shall evaluate
the Land Use Assumptions to determine whether changes are necessary. If, after an evaluation, the
City determines that the Land Use Assumptions are still valid, the City shall Issue the report required In
Section 49-81 of this Article.
(c)
Required Modifications to Land Use Assumptions. If ^e City determines that changes to the Land Use
Assumptions are necessary in order to adopt or amend an Infrastructure Improvements Plan, it shall
make such changes as necessary to the Land Assumptions before or In conjunction yvith the review
and approval of the Infrastructure Improvements plan pursuant to Section 49^1 of this Article.
S«. 49-79. Infrastructure Iriiprovernents plan.
(a) Infrastructure Improvements Plan Contents. The Infrastructure Improvements Planshall be developed by
Qualified Pfofessioiials and may be based upon or incorporated within the City's Capital Improvements Plan.
The Infrastructure Improyemehts Plan shall:
(1)
Specify that the City will Impose a Development Fee for Water and Wastewater Services.
(2)
Define and provide a map of the Service Area within which the City Water and Wastewater
Development Fees will be charged. The Service Area must be defined in a manner that demonstrates a
Substantial Nexus between the Capital Facilities to be provided In the Service Area and the EDUs to be
served by those Capital Facilities,
(3)
Identify and describe the Land Use Assumptions upon which the Infrastructure Improvements Plan Is
based In the Service Area.
(4)
Identify and analyze the existing Level of Serylce provided by the City to existing EDUs for Water ahd
Wastewater Services In the Service Area.
(5)
Identify the Level of Service to be provided by the City for Water and Wastewater Services.within the
Service Area based on the releyarit Land Use Assumptions and any established City standards or
policies related to required Levels of Service.
(6)
Identif/and analyze the capacity of the existing Capital Facilities In the Service Area, the utilization of
those Capital Facilities by existing EDUs, and the available excess capacity of those Capital Facilities to
serve pew EDUs, mciudlpg any existing or planned cornrhitipents or agreements for the usage of such
Capacity. The Infrastructure Improvements Plan shall additlorfally Identify any changes to existing
Capital Facilities that will be needed to achieve or maintain the planned Level of Service to existing
EDUS, and the cost of those changes to upgrade, update, expand, correct or replace existing Capital
Facilities to meet stricter safety, efficlehcy, environmental, or other regulatory standards to provide
water and wastewater services to existing EDUs.
(7)
Identify any Grandfathered Facilities and the impact thereof on the need for Water and Wastewater
Sen/tces in the Service Area.
(8)
Estimate the total number of eidstlng and future EDUs yylthln the Service Area based on the City's Land
Use Assumptions.
(Supp.No.79)
Cr«»ted; 2M3-19-27 10:51:53. [E5T]
Page 39 Of 122
Exhibit A
Resolution 13658
Page 39 of 122
(9) Based on the analysis In paragraphs (3)—(6) above, provide a summary table or tables describing the
Level of Service for Water and Wastewater.Services by relating the required Capital Facilities to EDUs in
the Service Area, and Identifying theapplicable EDU factor.
(idj Identify and analyze the projected utilization of any available excess capacity In existing Capital
Facilities, and all new or expanded Capital Facilities that will be required to provide and maintain the
planned Level of Service In the Senrice Area as a result of the new projected EDUs in the Service Area,
for a period not to exceed ten (10) years. Nothing In this Subsection shall prohibit the City from
additionally Including In Its Infrastructure Improvements Plan projected utilization of, or needs for.
Capital Facilities for a period longer than ten (10) years, provided that the costs of Such Capital
Facilities are excluded from the calculation of the System Average Cost per EDU.
(11) Estimate the total costof any available excess capacity In existing Capital Facilities, and/or new or
expanded Capjtal Facilities that will be required to serve hew EDUs, including opsts of lartd acquisition;
Improvements, engineering arid architectural services, studies leading to design, construction,
financing, and administrative costs, as well as projected costs of Inflation. Such total costs shall not
Include costs forongding operation, repair, and maintenance of Capital Facilities. If the Infrastructure
Improvement Plan Indudes changes to existing Capital Fadlities to prcvide services to existing EDUs In
order to upgrade, update, expand, correct, or replace existing Capital Fadlities to rneet stricter safety,
efficiency, environmental, or re^Iatpry standards, the costs of such changes shall be Identified and
distinguished In the Infrastructure Improvement Plan from necessary costs for such changes required
to provide services to new EDUs, provided, however, that any such changes for new EDUs shall be
based ori the same Level of Service provided to existing EDUs.
(12) Forecast the revenues from taxes, fees, assessments or other sources, If any, that will be available to
fund the new or expanded Capital Fadlities Identified In the Infrastructure Improvements Plan, which
shall Include estimated state-shared revenue, highway users revenue, federal revenue, ad valorem
property taxes, consfruction contracting or similar exdse taxes and the capital recovery portion of
utility fees attributable to.develophnerit based on the approved land use assumptions, The
Infrastructure Improvements Plan shall additionally estimate the time required to finance, construct
and Implement the new or expanded Capital Fadlities.
(13) Calculate required Offsets as follows:
a.
From the forecasted revenues in Subsection (12) of this Section, Identify those sources of
revenue that: (I) are attributable to new development, and (11) will contribute to paying for the
capital costs of Water and Wastewater Services.
b.
For each source and amount of revenue Identified pUiisuaht to paragraph a. of this Subsection,
calculate the relative contribution of each Category of Development and water meter type(s) to
paying for the.capltal costs of Water and Wastewater Services In the Service Area.
c.
Based op the relative contributions Identified pursuant to paragraph b. of this subsection,
calculate the total Offset to be provided to each.Category Of Developmentand Water metier
type(s) In the Service Area.
d.
Convert the total Offeet to be provided to each Category of Development and water meter
type(S) in the Service Area Into an Offset amount per EDU by dividing the total Offset for each
Cate^ry of Development and water meter type(s) by the number of EDUs a'ssodated with that
Category of Development.
e.
Beginning July i, 2014, for purposes of calculating the required Offset, If the City ImpOsesa
construction, contracting, of sltrillar excise tax rate In eitcess of the percentage amount of the-
transaction privilege tax rate that is imposed on the majority of other transaction privilege tax
classifications In the City, the entire excess portion of the construction, contracting, or similar
Crtlted; 2923,10-27 10:51:53 [EST]
(Supp. No. 79)
Page 40 of 122
Exhibit A
Resolution 13658
Page 40 of 122
excise tax shall be treated as a.coritrlbutlon to the capital costs of water and wastewater services
provided to new development unless the excess, portion is already utilized for such purpose
pursuant to this Section.
(14) GalculatetheSystem Average Cost per EDU by:
a.
Dividing the total projected costs to provide Capital Fadlitles to hew EDUs for each Water^ and
Wastewater Sen/Ice In the Service Area as determined pursuant to Subsection (9) of thls^ctlon
Into the total service capacity projected for Water and Wastewater Services for the Service Area
over a period not to exceed ten (10) years, considering the specific E.DU factor(s) associated with
such EDUs for both Water and Wastewater Sen/lces.
b.
Subtracting the required bffset.per EDU calculated pursuant to Subsection (13) of this Section.
(b) Reserved Capacity, the may reserve capacity In an Infrastructure Improvements Plan to serve one (ij Or
more planned future .developments; Including capacity reSeryed through a Development Agreement
pursuantto Section: 49-83 of this Article. AH reservations of exlstlng capaclty must be dlsclOted .ln the
Infrastructure Imprxwements.Plan at the time It Is adopted.
Sec. 49-80. Adoption and modification procedures.
(a) Adopting or Amending tee Land Use Assumptions and Infrastructure improvements P/ark The Infrastructure
Improvements Plan shall be adopted or.amerided subject to the following procedures:
(1)
Major Amendments to the Irfrastructure Improvements Plan. Except as provided In paragraph (2); of
this Subsection (a), the adoption or amendment of an Infrastructure Improvements Plan shall occur ac
one (1) or more public hearings according to the following schedule, and may occur concurrently with
the adoptlon.of an update of the Qty's Land Use Assurnptions as provided In Section 49-78 of this
Article:
a.
At least sixty (60) days before the firstpubllc hearing re^rdlng a new or updated Infrastructure
Improvements Plan, the City shall provide public notice of the hearing arid post the Infrasttvcture
Impiovements Plan and the underlying Land Uso Assumptions on Its website. At the same tlrhe as
the notice of hearlr^ Is posted, the Qty shall publish notice of the hearing In a newspaper of
general circula tion for one^l) week on four (4) consecutive days. The Qty shall additionally make
available tp the public the documents used to prepare the Infrastructure Improvements Plan and
underlying Land Use Assumptions and the amount Of any proposed changes to the System
Average Cost per EDU.
b.
The City shall conduct a public hearing on the Infrastructure Improvemente Plan and underlying
Land Use Assumptions at least tWrty (30) days, but no more than sixty (60) days, before
approving or,disapproving the Infrastrurture Improvements Plati,
(2)
Minor Amendments to the Land Use Assumptions and irfrastructure Improvements Plan.
Notwithstanding the other requirements of this Section, the City may update the Infrastructure
Improvements Plan and/or Its underlying Land Use Assumptions without a public hearing Ifall pf the
follpwlhgapply:
a:
The changes In the Infrastructure Improvements Plan and/or the underlying Land Use
Assumptions will not add any new Water and wastewater Service facilitlesto the Service Area:
b.
The chariges In the Infrastructure Improvertients Plan and/Or the underlying Land Use
Assumptions will not Increase the Level of Service to be provided In any Senrice Area.
c.
Based on an analysis of the Fee Report and the City's adopted Development Fee schedules, the
changes In the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions
(Supp. No. 79)
Created: 2e23eie-27
[EST]
Page 41 Of 122
Exhibit A
Resolution 13658
Page 41 of 122
would not, individually of curnUlatlvely with other amendments undertaken pursuant to this
Subsection, have caused a Development Fee in the Service Area to have been increased by more
than five percent (5%) above the Development Fee that Is provided in the current Development
Fee schedule.
d.
At least thirty (30) days before the date that any amendment pursuant to this Section Is adopted,
the City shall post the proposed amendments on the City’s Website.
(b) Amendments to the Fee Report Any adoption or amendment of a Fee Report and fee schedule shall occur at
one (l) or more public hearings according to the following schedule:
(1)
The first public hearing on the Fee Report rhust be held at least thirty (30) days after the adoption or
approval of any Land Use Assumptions and Infrastructure Improvements Plan as provided in
Subsection (a) of this Section. The City must give at least thirty (30) days notice before the hearing,
provided that.this notice may be giyeh on the same day as the approval or disapproval of the
Infrastructure Improvements Plan. At the same time as the notice of hearing Is posted, the City shall
publish notice of the hearing In a newspaper of general circulation for one (1) week on four (4)
consecutive days;
(2)
The City shall make the Infrastructure Improvements Plan and underlying Land Use Assumptions
available to the public on the City's website thirty (30] days before the public hearing described In
Paragraph (b)(1) of this Subsection.
(3)
The Fee Report may be adopted by the City no sooner than thirty (30) days, and no later than sixty (60)
days, after the hearing desalbed In Paragraph (b)(1) of this Subsection.
(4)
The Development Fee schedules In the Fee Repprt.adopted pursuant to this Subsection shall become
effective not less than seventy-five (75) days after adoption of the Fee Report by the City.
Sec. 49-81. Five-year validily of the infrastructure improvements plan and the iand use
assumptions.
(a)
Renewing the Land Use Assumptions and infrastructure Improvements Plan. Except as provided in Subsection
(b) of thIs'Section, not later titan every five (5) years, the Qty shall update the applicable Infrastructure
Improvements Plan arid Land Use Assunriptlons related to Water and Wastewater Senrices pursuant to
Sections 49-78 and 49-79 of this Article. Such five (5) year period shall be calculated from the date of the
adoption of the Infrastructure Improvements Plan.
(b)
Determination of No Changes. Notwithstanding Subsection (a) of this Section, If the City determines that no
changes to an Irifrastructure Improvements Plan, underlying Land Use Assumptions, or Fee Report are
needed, the City may elect to continue the existing Land Use Assumptions, Infrastructure Improvements
Plan, and Fee Report without amendment by providing notice as follows:
(1)
Notice of the determination shall be published In a newspaper of general clrculatiori at least one
hundred eighty (180) days before the end of the five (5) year period desalbed In Subsection (a) of this
Section.
(2)
The notice Shall identify the Land Lise Assumptions, Infrastructure Irnprovements Plan, and Fee' Report
that shall continue In force without amendrtient.
(3)
The notice shall provide a map and desalption of the Service Area(s) covered by such Infrastructure
Improvements Plan and Fee Report
(4)
The notice shall identify an address to which any resident of the Qty may submit, within sixty (60) days,
a written request that the City update the Infrastructure Imprcvements Plan, underlying Lahd Use
Assumptions, and/or Fee Report and the reasons and basis for the request
(Supp. No. 79)
Cr«sted:- 2023-16-27 16:51:53 [EST]
Page 42 Of 122
Exhibit A
Resolution 13658
Page 42 of 122
(c) Response to Comments. The City shall cnnslder and respond within thirty (30) days to any timely requests
submitted pursuant to Paragraph (4) of Subsection (b) of this Section.
Sec. 49-82. Collection of Development Fees.
(a) collection. Development Fees for 'Water Services, as provlded ln Table A-1, and Wastewater Sen/Ices, as
provided in Table A-2, together with administrative charges assessed pursuant to Subsection (a)(5) and (d) of
this Section, shall be calculated arid collected before Issuance of permission to begin development;
specifically:
(1)
Unless otherwise specified pursuant to a Development Agreement adopted pursuant to Section 49^84
ofthls A^cle, Developrnent Fees shall be paid before I^uanoe of the first building permit for
residential development For Commercial, Industrial or Multi-Family developmerit. Development Fees
shall be paid at the time the first building permit is Issued; or; alternatively, the Division may require
that the Development'Fees be paid when a water meter Is purchased.
(2)
If a building permit Is not required for the development, but water or wastewater connections are
required, any and all Development Fees due shall be paid at the time the water service connection Is
purchased. If only a wastewater connection is required, the Development Fees shall be paid before
approval of a connection to the'sewer system. Wastewater Development Fees shall be.assessed If a
development connects to the public sewer, or as determined by the division director. Is capable of
discharging sewage to a City public sewer,
(3)
No bulldingpermit, water or sewer connection, or certificate of occupancy shall be Issued If a
Development Fee Is not paid as directed In paragraphs (a)(1) and (a)(2).
(4)
If the building permit Is for a change In the type of bul|d|nguse, an Increase In square.footage, a. change
of land use, oren addition to a residential or non-residential point of demand to the water or
wastewater system requiring a change In the water metertype or a changein the number of water
meters, a Development Fee shall be assessed on the additional EDUs, changes In water meter type(s)
or number of meters resulting from the expansion or change, using the current Development Fee
Schedule. If Development Fees were previously paid under a Development Fee Schedule no longer In
effect or under the current Development Fee Schedule, the development may be eligible for a Credit
equal to the number of EDUs previously purchased against the number of EDUs needed as a result of
the changes In the deyelopment. The number of EDUs required for both the Credit and for the change
In the developmerit will be determined In accordance with the provisions of Table A-1 a rid/or Table A-
2, of this Chapter 49, Article III. (Exarnple: If the development paid for a one (1) Inch meter under a
previously adopted Development Fee Schedule that did not use EDLIs, and the development now
wishes to Increase the size of that water nieter to a VA Irich water meter by purchasing five (S) EDUs
urider the currentDevelppment Fee S^edule, the padit giveri a^lnst the fNe (5) EDUs Will be for one
(1) EDU, which under Tables A-1 and/or A-2, is equivalent to the one (1) inch water meter previously
purchased.) If the Development Fee Schedule no longer in effect did not equate water meter type to
EDU's, the division director Will make the determination of the number of EDUs that would have been
equivalent to the water meter type previously purchased. Credits are based ori the Developmerit Fee
Schedule In effect at tire time the new EDUs are purchased. To receive a Credit, the Developer must
provide to the City the receipt given for ary Development Fees previously paid. There will be no
refunds to the development under any circumstances, whether the Credit given Is more or lass than
the development fee previously paid by the development
(5)
For Issued building permits that expire or are voided. Development Fees and administrative charges
shall be as follows:
(Supp. No. 79)
cr«ite<l;. 2823.ie-J7 I9;51:53 [ESI]
Page 43 of 122
Exhibit A
Resolution 13658
Page 43 of 122
a.
If the original p^irnittee Is seeking to renew an expired or voided building permit, and the
Develpprnerrt Fees paid for such development have not been refunded, then the permittee shall
pay the difference between any Development Fees paid at the time the permit was Issued and
those in the applicable fee schedule at the time the permit Is reissued or renewed.
b.
If a new or renewed permit for the same development Is being sought by someone other than
the original permittee, the new permit Applicant shall pay the full Development Fees specified In
the fee schedule In effect at the time that the permits are reissued or renewed. If the original
permittee has assigned Its rights under the permits to the new permit Applicarit, the new perrrilt
Applicant shall pay Development Fees as If It were the original permittee as provided In
Subsection (5)a.
c.
The division director may require the Applicant to pay an administrative fee to cover the actual
costs pf reviewing the new Or renewed permitting for the development.
(b)
Exceptions. Development Fees shall nOt be owed under either of the following conditions;
(1)
Development Fees have been paid for the development and the events which triggered the collection
of the Development Fees have not expired or been voided.
(2)
The apprOyal{s) that triggers the collection of Development Fees Involve modifications to existing
residential or non-resIdenUal development that do not: (a) add neW EDUs, (b) Increase the Impact of
existing EDUs on existing or future Capital Facilities, or (c) change the land-use type of the existing
EDUs to a different category of development requiring a different type water meter(s) for which a
higher Development Fee would have been due. To the extent that any modification does not meet the
requifemente erf this paragraph, the Development Fee due shall be the difference between the
Development Fee that was or would have been due on the existing EDUs and the Development Fee
that Is due on the EDUs as modified.
(c)
Temporary Freeze of Devehpment Fee Schedules. The Development Fee Schedule applicable to new
developments In the Qty shall be temporarily frozen from Increases In Development Fees that result from
the adoption of new or modified Development Fee schedules as fbllcjws:
(1)
Residential Land Uses^ or a Single-Family Residential Development the applicable Developmetit Fee
sched ule shall be frozen for a period of twenty-four (24) monthi beginning ori the day that the first
building permit Is issued for the development During the effective period of the applicable
Development Fee schedule,'any building permit issued for the same Single-Family Residential
Development shall not be subject to any hew Or modified Development Fee schedule. The City shall
Issue, on request, a written statement pf the Development Fee Schedule applicable to the
development
(2)
Non-Residential and Multi-Family Land Uses. For Non-Residentlal and Multi-Family land uses, the
applicable DevelopmentFee schedule shall be frozen for a period of twenty-four (24) months
beginning on the date of approval Of the appllcable.site plan or, if no site plan Is submitted for the
development the approval of the final subdivision plat If the development has neither a site plan nor a
subdivision plat the commencement date shall be the date that the City has issued all approvals
necessary for the first building permit to be Issued for the development During the effective period of
the applicable Development Fee schedule, any building perniit Issued for the same development shall,
not be subject'to any new or modified Development Fee schedule. The City shall istoe, on request a
written statement of the Development Fee Schedule applicable to the development
(3)
Other Development. Any Mixed-Use or Supplemental Land Use not covered under paragraphs (c)(1)
and (c)(2) of this Subsection shall pay Development Fees according to the fee schedule that Is current
atthe time of col lection as specified In Subsection (a) of this Section. The division director will make
the determination cjf the recommended type(s) of water meter for Categories of Development within
(Supp. No. 79)
edited:. 2823,10-27 10:51:53 [EST]
Page 44 of 122
Exhibit A
Resolution 13658
Page 44 of 122
Mixed-Use or Supplernental Land Uses. Golf Courses shall pay that portion of the Water
Development Fee attributable to the Water Supply Fee Imposed In accordance.vylth the provisions of
Section 49-90 of this Article. The provisions of Subsection (c)(1) and (2) shall apply in accordance with
the determination as to the applicable category of develcjpment.
(4) Changes to Site Plans and Subdivision Plats. NOtvylthstandlrig the other requirements of this
Subsection, if changes are made to a development's final site plan or subdivision plat that will increase
the number of EDUs or change In water meter type(s) after the Issuance of a Development Fee
schedule, the Gty may assess any new or modified Development Fees against the additional EDUs or
change In Water rheter type(s). The.development yirlll receive a Credit for any Development Fees; paid at
the time the final site plan or subdivision plat was approved for that development against any new or
modified Development Fees required to be paid. If the City reduces the amount of an applicable
Development Fee during the period that a grandfathered Development Fee schedule is In force, the
City shall assess the lower Development Fee.
(d) Option to.Pursue Special Fee Determination. Where a development Is of a type that does not closely fit within
a particular Category of Deveiopment or recommended water meter type(s) appearing on an adopted
Development Fee schedule, or where a development has unique characteristics such that the actual butxiens
and costs associated with providing Water or Wastewater Services to that development will differ
substantially from that associated wlth.other developments In a specified Category of Development or
recommended water meter type(s), the Gty may require the Applicant to provide the division director with
an alternative Development Fee analysis, based on a projeaion of the actual burdens and costs that \will be
associated with the development, the alternative Development Fee analysis may propose a unique fee for
the developrhent basPd on the application of an appropriate EDU factor to the applicable System Average
Cost per EDU, or may propose that the development be covered under the Development Fee schedule
governing a different and more analogous Category of Development or recommended water meter type(s).
The division difector shall review the alternative Deveiopment Fee analysis and shall make a determlnaticMi
as to the Development Fee to be charged. Such decision shall be appealable pursuant to Section 49-85 of this
Article; The division director may require the Applicant to pay an administrative fee to cover the actual costs
of reviewing the special fee determination application.
Sec. 49-;83. Development Fee Credits and Credit Agreements.
(a) Ellgibllltyof Capital Facility. All Development Fee Credits must meet the following requirements.:
(1)
One (1) of the following must be tore:
a.
The Capital Facility, or the financial contribution tov/ard a Water or Wastewater Capital Facility
that will be provided by the developer and for which a Credit will be Issued, must be Identified Ip
an adopted Infrastructute Impfcvements Plan and Fee Report as a Water or Wastewater Capital
Facility for which a Development Fee was assessed; or
b.
The Applicant must demonstrate to the satisfaction of the City that given the class and type of
improvement, the subject Capital Facility should have been Included in the Infrastructure
improvements Plan In lieu of a different Capital Facility that was Included In the Infra^ucture
Improvements Plan and for which a Development Fee was assessed. If the subject Capital Facility
Is determined to be eligible for a Credit In this manner, the City shall amend the Infrastruaure
Improvements Plan to (I) include the subject replatement facility and {|i) delete the Capitai
Facility that will be replaced.
(2)
Creditsshall not be available for any Infrastructure provided by a developer If the cost of such
Infrastructure will be repaid to the developer by the City through another agreement or mechanism. To
the extent that the developer will be paid or reimbursed by the Gty for any cOntfibution, payment.
2023-l»-2r 10:51:53 [EST]
(Supp. No. 79)
Page 45 of 122
Exhibit A
Resolution 13658
Page 45 of 122
construction, or dedication from any Glty funding source including an agreement to rejmburM the
developer with future collected Development Fees pursuant to Article V Of this Chapter entitled Water
and Sewer Extension Agreements, any Credits claimed by the developer shall be: (a) deducted from any
amounts to be paid or reimbursed by the City; or (b) reduced by the amount of such payment or
reimbursement.
(3) If the developer Is not obll^ted to pay Development Fees, the developer Is not entitled to receive any
Credits.
(b)
Eligibility of Subject Development To be eligible for a Credit, the Subject Development must be located
within the Service Area.
(1) A Golf course developer who has executed a separate agreement with the City may receive Credit
against the Water Supply portion of the Water Development Fee applicable to Water Supply only. In
accordance with the terms of the ageemerit.
(c)
Calculation of Credits. Credits will be based on that portion of the costs for a Water Or Wastewater Capital
Facility Identified In the adopted Irifrastructure Improvements Plan for which a Development Fee was
assessed pursuant to the Fee Report If the Gross Development Fee for Water or Wastewater service Is
adopted at an amount lower than the System Average Cost per EDU, the.amount of any Credit shall be
reduced In proportion to the differehce between the System Average Cost per EDU and the Gross
Development Fee adopted. A Credit shall not exceed the actual costs the Applicant Incurred In providing the
Water or Wastewater Capital Facility or water supply acquisition. Credit for iand deeded to the City for
Water or WasteWater Capital Facilities shall be based on a fair market yalue established by private appraisers
acceptebie to the City- The valuation date for the.appralsal Will be the date the land is deeded to the City-.
Credit shall be applied to the Credit Agreement only when the land has been conveyed at no charge to, and
accepted by the City In a manner satisfactory to the City Asset Manager.
(d)
Allocation of Credits. Before any Credit can be Issued to a Subject Development (or portion thereof), the
Credit must be allocated to that development as follows:
(1)
The Developer and the City must execute a Credit Agreement stating all of the following:
The total amount of the Credits resulting from provision of a water or wastewater Capital Facility
a.
or yrater supply acquisiSon,
b.
The estimated number of EDUs to.be served within the Subject Development
c.
The method by which the Credit Values will be distnbuted within the Subject Development.
(2)
It is.the responsibility of the developer tO request allocation of Development Fee Credits through an
application for a Credit Agreement (which may be part of a Developmetrt A^eement entered into
pursuant to Section 49^ of this Article).
(3)
If a building permit Is Issued or a water/sewer connection Is purchased, and a Development Fee Is paid
before execution of a Credit Agreement for the Subject Development, no Credits will be allocated
retroactively to that permit or connection. Credlb may be allocated to any remaining permits for the
Subject Development In accordance with this Article.
(4)
If Ih.e entity that provides a water pr wastewater Capital Fadlity or water supply acquisition seJIs or
relinquishes a development (or portion thereof) that it owns or controls before execution of a Credit
/^reementor Development Agreement, Credits resulting from the water or wastewater Capital Facility
will only be allocated to the development If the entity legally assigns such rights and responsibilities to
its Successprfs) In Interest for the Subject Development.
Creited; 2623-1(1-27 IBiSl;53 [EST]
(Supp. No. 79)
Page 46 of 122
Exhibit A
Resolution 13658
Page 46 of 122
(5) If multiple eritities jolntly provide an ellglblp CapItal Faclllty, all entitles must enter Into a single Credit
/^reement with the CI^, and any request for the allocation of Credit within the Subject
bevelopmentfs) must be made jointly by the entities that provided the eligible Capital Facility.
(6)
Credits may prily be reallocated from or within a Subject Development with the dty's approval of an
amendment to an executed Credit Agreement, subject to the following conditions:
a.
The’entity that executed the original Credit agreement vvlth the City, or its legal successor In
Interest and the entity that currently controls the Subject Development are both parties to the
request tor reallocation.
b.
The reallocation proposal does not change the value of any Credits already Issued.for thq Subject
Development.
(7)
A Credit Agreement may authorize the allocation of Credits to a non-contiguous parcel only If all of the
fouling conditions are rnet:
a.
The entity that executed the original agreement with the City or Its legal successor In Interest, the
entity that cuifently controls the Subject Development, and the entity that controls the non
contiguous parcel are all parties to the request tor reallocation,
b.
The feallocatloh proposal does riot change the value of any Credits already Issued tor the Subject
Development
c.
The non-contiguous parcel Is in the same Service Area as that senred by the eligible Capital
Facility.
d.
The non-contiguous parcel receives wateror w/astewater service from the Water or Wastewater
Capital Facility.
e.
The Cri^it Agreement specifically states the value of the dedlts to be allocated to each parcel
and/or EDU, or establishes a ,mechanism for future determlnatlori of the Credit values.
I
f
The Credit Agreement does not Involve the transfer of Credits to or from any property subject to
a Development Agreement
(e) Ctedit Agreement. Credits shall Only be Issued pursuant to a.Credit Agreement executed jri accordance;with
Subsection (d) Of this Section. The division director is authorized by thjs ^•cleto revievy, approve arid sign a
&edlt Agreement with the controlling entity of a Subject Developrinent subject to the following:
(Ij The Developer requesting the Credit Agreement shall provide all Information requested by the City to
allovv It to determirie the value of the Credit to be applied.
(2)
An application for a Credit Agreement shall be submitted to the City by the Developer within one (1)
year after the date on which ownership or control of the Capital Facility passes to the.City.
(3)
The Developer shall submit a draft Credit Agreement to the division director for review In the form
provided to the Applicant by the aty. The draft Credit Agreement shall Include, at a minimum, all of
the following information and supporting documentation:
a.
A legal description and map depicting the location of the Subject Development for which Credit Is
being applled. The rriap shall depict .the location of the GapItaj Facriities that haye been or will be
provided.
b.
An esitimate of the total EDUs that will be developed , within the Subject Development depicted
on the map and described In the le^l description.
c.
A list of the capital Facilities, associated physical attributes, and the related costs as stated In the
Irifrastructure Iniproyemerits Plan.
Cr««ted: 2«25t1»-27 Mi51;53 [EST]
(Supp. No. 79)
Page 47 of 122
Exhibit A
Resolution 13658
Page 47 of 122
I
d.
Documentation showing the date(s) of acceptance by the City, If the Capital Facilities have
already been provided.
e.
The total amount of Credit to be applied within the Subject Development and the calculations
leadingtothe total amountofCredIt.
f.
The Credit amount to be applied to each EDU wlthln the Subject Development for Water and
Wastewater Services.
(4)
The City's determination of the Credltto be allocated Is final.
(5)
Upon execution of theCredIt Agreement by the City and the Applicant, Credits shall.be considered
allocated to the Subject Development
(6)
Any amendment to a previously approved Credit Agreement must be Initiated within two (2) years
after the date of the City's final acceptance of the eligible Capital Facility for whjch the amendment Is
requested.
(7)
Any Credit Agreement approved as part of a Development Agreement shall be amended In accordance
with the terms of the Development Agreement and Section 49-84 of this Article.
(8)
Credits shall be payable fora perlcxl of up to twenty (20) years from the date the City Issues Its final
acceptance of the Capital Facility or system Improvements. After twenty (20) years, ho Credits shall be
payable.
(9)
Credits payable for Water Capital Facilities shall not be transferable to those payable for Wastewater
Capital Facilities. Credits payable for Wastewater Capital Facilities shall not be transferable to those for
Water Capital Facilities.
(10) The Credit Agreement shall be maintained permanently In the aty Clerk's office;
(f)
Issuance ^Credits. Qedlts allocated pursuant to Subsection (d) of this Section may be issued and applied
toward the Gross Development Fees due from a development, subject to the following conditions:
(1)
Credits Issued for a Water or Wastewater Capital Facility may only be applied to the Development Fee
due for Water and Wastewater Services.
(2)
Credits shall only be Issued when the Water or Wastewater Capital Facility from which the Credits were
derived has been accepted by the Qty ot when adequate security for the c6mp|etibnofthe Water or
Wastewater Capital Facility has been provlded ln accordance with all terms of an executed
Development Agreement
(3)
Cretllte shall be payable within .thirty (30) days after the erid of the quarter In Which the building permit
or other authorization to provide,water or wastewater service to a parcel or lot Identified in the
Agreement has occurred and connection to the water and wastewater services has occurred as
provided In Section 49-82(a)(l) and (2) of this Article; Credit amounts will not acaue Interest
(4)
Where Credits have, been issued pursuant to Subsection (f)(2) of this Section, a development fee due at
the time a building permitls issued shall be reduced by the Credit amount stated In or ca lculated.from
the executed Credit Agreement Where Credits have not yet been Issued, the Gross Development Fee
shall be paid In full, and a refund of the Credit artiount shall be due when the Developer demonstrates
compliance with Subsection (f)(2) In a wKtten request to the City.
(5)
Credits, once lssued,;may not be resclnded.or reallocated tp another perrnit or parcel,-except that
Credits may be released for reuse oh the same Subject Development if a buildingipermit for which the
Credits Were Issued has explred or been voided and connection to the water or wastevyater servlites
has hot occurted and Is otherwise eligible for a refund under Section 49-86(a)(2)a. of this Article.
Crcited: 2e23-te-27
[EST]
(Supp.No.79)
Page 48 of 122
Exhibit A
Resolution 13658
Page 48 of 122
(6)
Notwithstandtng the other provisions of this Section 49-83, Credits Issued before January 1, 2012 may
only be used for the Subject Developmentfor which they were jssued. Such Credits tnay be transferred
to a new owner of all or part of the Subject Development in proportion to the percentage of ownership
In the Subject Development to be held by the new owner.
(7)
Credits vvili not be Issued for dedicated easements/tracts; or rlghts-of-Avay, nor local water distributfoh
or local sewer collection improvements within a development and related appurtenances.
(g) A Credit Agreement entered Into by the City and a Developer for a Capital Facing provided by the Developer
and accepted by the aty.before June 1, 2bil ls considered a grandfathered Credit Agreement and Is fully
• enforceable In accordance with Its terms and conditions.
Sec. 49-84, Development agreements.
Development Agreements containing provisions regarding Development Fees, Development Fee Credits,
and/or disbursement of revenues from Development Fee accounts shall comply with the following;
(a)
Oeve/dpmenr Agreement Required. A Development Agreerhent Is required to authorize any of the
following:
(1)
To Issue Credits before the City's acceptance of a Waterdr Wastewater Capital Facility.
(2)
To allocate Credits to a parcel that Is not contiguous w(th the Subject Development and that does
not meet the requirements of Section 49,83(d)(7) of this. Article,
(3)
To reimburse the developer of a Water or Wastewater Capital Facility using funds from
Development Fee accounts.
(4)
To allocate different Credit amounts per EDU to different parcelswithlh a Subject Development.
(5)
For a SIngle-Famlly.ResIdentlal Dwelling Unit, to allow Development Fees to be paid at a later
time than the Issuance of a bulldirig pennlt as provided In this Section,
(b)
General Requirements. All Development Agreements shall be prepared and executed in accordance
with A;R.S. § 9^0pi05 and any applicable requirements of the City Code. Except where specifically
modified by this Sbaion, all provtslons of Section 49-83 of this Article shall apply to any Credit
Agreement that Is authorized as part of a Development Agreement
(c)
Early Credit Issuance. A Developrhent Agreerrient tnay authorize the Issuance of Credits before
acceptance of a Water or Wastewater Capital FaciUty.by the City yvhen the Development Agreement
specifically states the form and value of the security (I.e. bond. Letter of Credit, etc.) to be provided to
the City before Issuance of any Credits. The City shall determine the acceptable form and value of the
security to be'provided.
(d)
Non-Contiguqus Credit Allocation. A Development Agreerhent may authorize the allocation of Credits
to a non-contlguous parcel only If alLof the following conditions are met:
(1)
The npn-contlguOus parcel Is In the City Service Area.
(2)
The nbh-coritigudus parcel receives Water dr Wastevvater Services from the eligible Capital
Facility.
(3)
The'DeveloprnentV^reement specificaily states the value of the CredIts to be allocated to each
parcel a nd/or EDU, or establishes a mechanlsrh for future determination ofthe Credit values.
(e)
Uneven Credit Alipcatloh. The Development Agreement must specify how Credits vylll be allocated'
amorigst different parcels on a per-EDU basis. If the Credits are not to be allocated evenly. If the.
(Supp. No. 79)
Cr««tied:' 2929-28-27.19:51:53 CEST]
Page 49 of 122
Exhibit A
Resolution 13658
Page 49 of 122
Development Agreement Is silent.oh this topic, ail Credlts will be allocated eyenly amongst all parcels
on a per-EDU basis.
(f)
Use {^Reimbursements. Funds reimbursed to developers from development fee accounts for
construAlon of a Water or Wastewater Capital Faclll^ or Water Supply acquisition must be utilized In
accordance with applicable law for the use of City funds In construction or acquisition of Capital
Facilities, including any procurement requirements In A.R.S. § 34-201 et seq.
(g)
Deferral of Fees. A Development Agreement may provide for the deferral of payment of Development
F^s for a residential development beyond the Issuance of a building permit; provided that a
Development Fee may not be paid later than fifteen (15) days after the Issuance Of the certificate of
occupancy for that Dwelling Unit. The Development Agreement shall provide for the value of any
deferred Development Fees to be supported by appropriate security, including a surety bond, letter of
credit, or cash bond.
(h)
Waiver o/Fees. If the City agrees to waive arty Develdprhent.Fees assessed on development In a
Development Agreement, the aty shall reimburse the appropriate Development Fee account for the
amount that was waived. Reimbursement funds will be drawn from the City's General Fund.
(i)
No Obligation. Nothing In this Section obligates the City to enter Into any Development Agreement or
to authorize any type of Credit Agreement permitted by this Section.
Sec. 49-84.1, Connection fees for water/vyastewater services outside City boundaries.
(a)
Prior Agreements. Any Agreement to provide Water or Wastewater Services outside the boundaries of the
City that required the payment of Development Fees will be honored In accordance with the terms of that
Agreement If the fees were paid before July 1,2014; provided, however, that the Development Fees for the
development and the events which triggered the collection of the-Development Fees have not expired or
been voided. Any such Agreements must be based on Development Fees adopted before January 1, 2012. If
Development Fees were not paid for the new connections for Water or Wastewater services before July 1,
2014, the City will Irnpose a Water or Wastewater Connection Fee In lieu of any Development Fees for any
new construction within that development In accordance with the applicable water meter type(s) as set forth
in Tables A-1 and A-2 of^thls Article ill, as amended from time to time.
(b)
Changes to Site Plans andSubdMsIort.Plats. Notwithstanding any other requirements of this Subsection, If
changes are made to a development's final site plan or subdivision plat that will Increase the number of
service units, the City may assess new dr modified Connection Fees agalrist the. additional se'n/Ice Units In
accordance with the applicable water meter type(s) as setforthTn Tables A-1 and A-2. If the City reduces the
amount of an applicable fee, the City shall assess the lower amount as a Connection Fee.
(c)
Future Qeyelopmeht. After July 1,2014, In areas outside the boundaries Of the City where the City has
elected to provide Water or Wastewater Sen/Ices, and a Developer Is requestingtitat the Qty provide new
Water or Wastewater Services to new development, the City will Impose a Connection Fee for such services
based on the recommended type(s) of water meters. The division director will make'the determination Of
the recommended type(s) of water m'eter(S).
(d)
The amount of the Connection Fees for water and wastewater services shall be based on the provisions of
Tables A-1 and A-2 of this Article III, and shall be paid at the time the water service connection Is purchased.
If drily a wastewater connection is required, the Connection Fee shall be paid before approval Of a
cphnectlOTi to the Q’ty's sewer system. The City will deny any cprinection to water or wastewater services if
the Developer fells to pay the applicable Water or Wastewater Connection Fee when due. If the
development Is capable of discharging sewage to a City public sewer, a Wastewater Connection Fee shall be
assessed If a development connects to the public sewer, or as determined by the division director.
Croted; 2023-19-J7 I0;5l;53 [ESI]
(Supp.No.79)
Page 50 of 122
Exhibit A
Resolution 13658
Page 50 of 122
(e)
Appmis of Connection Fee. The Developer may appeal the dedslon of the division director In accordance
vi/ith the provisions of Sec. 49-85. An appeal shall be limited to disputes regarding the calculation of the
Connection Fee and calculation of the number of service units for a specific development. The Applicant may
connect to Water Services or Wastewater Services If, during the pendency of an appeal, the Applicant (1)
pays the Gonnectjpn Fee calculated by the City at the time the appeal is filed, or (2) provides the City with
appropriate security, Induding surety bond, letter of credit, or cash bond In a fornh acceptable to the division
director equal to the full amount of the Connection Fee: Upon final disposition of an appeal, the fee shall be
adjusted In accordance with the decision rendered, and a refund paid if warranted. If a second appeal Is
taken to the City Manager and the appeal Is denied by the Qty Manager or authorized designee, and the
Applicant has provided the City with financial assurances as set forth In dduse (2) above, the Applicant shall
deliver the full amount of the Connection Fee to the City within ten (10) days after the City Manager or
authorized designee's final decision on the appeal. If the Applicant fails to deliver the full amount of the
Connectipn Fee when required by *js Subsection, the Qty may draw upon such financial assurance
lnstrument(sj as necessary to recover the full amount of the Connection Fee due from the Applicant
(f)
The provisions of Section 49-82(c) regardirig the temporary freeze of Development Fee Schedules shall also
apply to water and wastewater services outside Oty boundaries.
Sec. 49-85. Appeals.
A Development Fee determination by City staff may be appealed In accordance with the following
procedures:
(a)
Limited Scope. An appeal shall be limited to disputes regarding the calculation of the Development
Fees for a specific development and/or permit and calculation of the number of EDU's for the
development
(b)
Form c^Appeal. An appeal shall be Initiated on such written form as the Oty may prescribe, and
submitted to the division director. Any hearing on the appeal to the division director of the Oty
Manager will be informal and will not be subject to the Rules of Evidence. Testimony will not be taken
under oath and subpoenas for the production of evidence or witnesses may not be Issued.
(c)
Department Action. The division director shall hold any hearing and act upon the appeal within thirty
(30) calendar days after the filing of the appeal with the Water Resources Division, and the Applicant
shall be notified of the Director's decision In writing within fourteen (14) calendar days after the date
of the hearing.
(d)
Appeal to Oty Manager. The Applicant may further appeal the decision of the division director to the
City Manager or authorized designee, within fourteen (14) calendar days of the decision.
(e)
Action by City Morioger. The City Manager or authorized designee shall act upon the appeal within
fourteen (14) calendar days of receipt of the appeal, and the Applicant shall be notified of the City
Manager or authorized designee's decision In writing.
(f)
FlrialDecision. The City Manager or authorized designee's decision regarding the appeal (s final.
(g)
Fees During Pendency. Building permits may be Issued.durlrtg the pendency of ah appeal If the
Applicant (1) pays the full development fee calculated by the City at the time the appeal Is filed or (2)
provides the City with appropriate security. Including surety bond, letter of credit, or cash bond In a
form acceptable to the division director equal to the foil artiount of the development fee. Upon final
disposition of anappeal, the fee shall be adjusted In accordance with the decision rendered, and a
refund paid If warranted. If the appeal Is denied by the City Manager or authorized designee, and the
Applicant has provided the Qty with financial assurances as set forth In clause (2) above, the Applicant
shall deliver the full amount of the development fee to the City within ten (10) days of the City
(Supp. No. 79)
Cre.ted;- 2M3-18-27 ie;51;53 [EST]
Page 51 of 122
Exhibit A
Resolution 13658
Page 51 of 122
Manager or authorized designee's final decision on the appeal. If the Applicant fails to deliver the full
amount of the development fees when required by this Subsection, the City may dra w upon such
financial assurance instrument(s) as necessary to recover the full amount of the development fees due
from the Applicant
Sec, 49-86. Refunds of deve|oprnent fees.
(a) Rounds. A refund (or partial refund) will be paid to any Current owner of property within the Qty who
submits a written request.to the City and demonstrates that;
(1)
The bulldlng permlt(s) that triggered the collection of the Development Fee has expired or been voided
before the commencemerit of the development for which the permits were Issued, conrwctipn to
water or wastewater services has riot occurred, and the Development Fees collected have not been
expended, encumbered, or Pledged for the repayment of Financing or Debt; or
(2)
The owner of the subject real property or Its predecessor In interest paid a Development Fee for the
applicable Capital Fadllty on or after July 1,2014, and ope (1) of the follow!rig conditions exists:
a.
The Capital Fadllty designed Ip serve the subject real property has been constructed, has the
capacity to serve the subject real property and any development for which there is reserved
capacity, and the service which was to be provided by that Capital Fadllty has not been provided
to the subject real property from that Capital Facility or from any other Infrastructure.
b.
After collecting the fee to construct a Capital Fadllty the City falls to complete construction of the
Capital Facility within tiie time period Identified In the Infrastructure Improvements Plan, as It
may be amended, and the corresponding service Isotherwise unavailable to the subject real
property from that Capital Fadllty or any other Irifrastructure.
c.
Any part of a Development Fee for Water or Wastewater Fadlltles that is not spent within fifteen
(15) years after the aty's receipt of the Development Fee. Such Development Fee Is refundable
upori application. Development Fees shall be considered expended or encumbered In the order
received by the City on a first-ln, fitst-out basis. Development Fees are expended or encumbered
when actually paid by the City or when a lease, purchase, constnjction option or other contract
or agreement creating an absolute or continuing obligation to pay and relating to the purposes
stated In section 49-8.2 has been approved by the City Council. Written application for a refund
shall be made within one (1) year after the date the Development Fee becomes refundable and
shall Include documerifation suffident to establish the date arid amount of the Deyelbpirierit Fee
payment. Development Fees.for which no timely application Is made will be applied to the
applicable water or wastewater development fund Into which the Development Fee was paid.
d.
The Development Fee Was calculated and collected for the coristmctlon cost to provide capital
Fadlltles serving the subject real property and the actual construction costs for the Capital
Facilities are less than the construction costs projected In the Infrastructure Improvements Plan
by a factor of ten percent (10%) or m.pte- In such event, the currerjt owner of the subject real
property shall, upon request as Set forth In SubSectiort a., be entitled to a refund for the
difference between the amounts of the Development Fee charged for arid attributable to.such
construction cost and the amount the Development Fee would have been calculated to be Ifthe
actual construction cost had been Included in the Infrastructure Improvements Plan. The refund
contemplated by this Subsection shall relate only tp the costs specific to the construction of the
applicable Capital Fadlltles and shall not Include any related design, administrative, or other costs
not directly Incurred for construction of the Capital Facilities that are included In the
Development Fee as permitted by A.R.S. § 9-463.05.
(Supp.No.79)
Cr««teil: 2623-10-27 ie;5l;53 [EST]
Page 52 of 122
Exhibit A
Resolution 13658
Page 52 of 122
(b)
Earned Interest. A refund of a Development Fee shall indude any Interest actually earned on the refunded
portion of the Dwelopment Fee by the Gity from the.date of collection to the date of refund. Ali refunds shall
be made to the record owner Of the property at the time the refund is paid.
(c)
Refund, to Government. If a Development Fee was paid by a goverrimental ent!^, any refund shall be paid tO
that governrnental entity;
(d)
Refund of Water Development Fee attributable to Water Supply: the portion of the.Water Developmerrt Fee
attributable to the Water Supply will not be refunded If the funds have been erqjended, encumbered, or
pledged for the repaymentpf Financing or Debt for the acquisition of a new vyater supply. In ali other
circumstances; the Water Supply portion of the Water Developtfient Fee will be refunded In accordance with
the provisions of this Section.
Sec. 49-87. Oversight of developrhent fee program.
(a)
Annuo/ Report. Within ninety (90) days of the end of each fiscal year, the pty shall file With the Clerk an
unaudited anhua! report accountlrig for the cpilectlor) and use of the fees for the service area’ and shall post
the report on Its vvebsite in acrordarice with A.R.S. § 9-463.05(N) and:(0), as amended.
(b)
Biennial Audit. In addition to the annual report described In Subsection (a) of this Section, the City shall
provide fora biennial, certified audit of the City's Land Use Assumptions, Infrastructure Imprcwements Plan
and.Develbpmerit Fees.
(1)
An audit pursuant to this subsection shall be conducted by one (1) or more qualified professional vvho
are not employees or officials of the Qty and whodld not prepare the Infrastructure Irriprovements
plan.
(2)
The audit shall review the oollectfon and expenditures of Development Fees for each project In the plan
and provide written comments describing the amount of Development Fees assessed,.collected, and
spent on capital facilities.
(3)
The audit shall.describe the levelof service In.each senrice area, arid evaluate any Inequities In
Implementing the.Infrastructure Impnivements plan or Imposing the Development Fee.
(4)
The City,shall post the findings of the audit ori the City's website and shall conduct a publlc hearing on
the audit within sixty (60) days of the release of the audit to the public.
(5)
For purppses of this section, a certified audit Shall mean any audit authenticated by one (1) of more of
the qualified professionals conducting the audit pursuant to subsection (b)(1) of this section;
Sec. 49-88. Exception for Individual property owner with private water system.
Individual property owners may develop their property with no more .than one (1) residential dwelling unit
without an approved water systerfi by hauling water or by a private well with the following restrictions:
' (1) The nearest corner of the property must be further than six hundred sixty (660) feet from an existing
approved and available vvater system.
(2)
Residential sprinkler systenis with a mlnimurn of three hundred (300) gallons of storage. Independent
ofdofnestic storage, will be required and must be approved.by the fire departmenL
(3)
The sizing of booster pumps, piping and domestic storage will be subject to the plumbing code,
(4)
Individual parcel owners who provide their own water system as pravlded by this section are not
required to pay .the Developrnent Fees assessed by this article until such time as the property is served
by City vvater.
Crate.d;- 2«t3;W-27 10.;51:53 [ESr]
(Supp. No. 79)
Page S3 of 122
Exhibit A
Resolution 13658
Page 53 of 122
Sec. 49-89. Approval of water and wa^teyniter system construction.
The City must approve the design, engineering, and construction of all connections to the water arid
wastewater systems provided for under this article.
Sec. 49-90. Golf course water supply fee.
A golf course shall pay the portion of the Water Development Fee attributable to Water Supply in
accordance with the terrris of an agreement between the City and the golf course developer. Such fee shall not be
less than the water meter type for a Single-Family Dwelling Unit, I.e., one (1) EDU times the Arizona Department of
Water Resources maximum annual water allotment for golf course turf; or If such allotment does not exist the
reasonably expected maximum annual demand for water.
Table A-1: Water Deyelapnient Fee Schedule
Meter Type
EDU
Factor
Development Fee
a, % and 1 inch
1.0
$8,836.00
1)4 inch
5.0
$44,180.00
2 inch
8.0
$70,688.00
3 inch compound
17.5
$154,603,00
3 inch turbine
21.8
$192,625.00
4 inch compound
30.0
$265,080,00
4 inch turbine
37.5
$331,350.00
6 inch compound
67,5
$596,430;pO
6 inch turbine
80,0
$706,880:00
For.meters larger than 6 Inches, the development fees will be based on the number of EDUs assodated with the
peak daily water demands for the proposed development as deterrnined by the division director.
Table A-2: Wastewater Development Fee Schedule
Meter Type
EDU
Factor
Development Fee
%, */* and 1 inch
1.0
$6,028.00
IVi inch
5.0
$30,140.00
2 inch
8.0
$48,224.00
3 inch compound
17.5
$105,490.00
3 inch turbine
21,8
$131,410.00
4 inch compound
30.0
$180,840.00
4 inch turbine
37.5
$226,050.00
6 inch cortipound
67.5
$406,890.00
6 inch turbine
80.0
$482i240.O0
(Supp. No. 79)
Page 54 of 122
-Created:' 2023,1^-27 19:51:53 tEST]
Exhibit A
Resolution 13658
Page 54 of 122
For nonresidentfarmeters larger than 6 InchK, the developnfieht fees will be based on the number of EDUs
associated with the average daily wastewater demands for,the proposed development, as determined by the
division director.
ARTICLE IV. SEWAGE COLLECTION, PRETREATMENT AND TREATMENT
DIVISION 1. GENERAL
Sec. 49-^91. Definitions.
The following Words, terfns and phrases, when used.ln this article, shall have tfie meanln^ ascrlbed to them
In this section,.except where the context deariy indicates a different meaning;
Account holder means the person, persons or entity In whose name a City sevver service account Is
established in accordance with the procedures set forth in this Chapter.
Act or the Act means the Federal Water Pollution Control Act, also Known.as the Clean Water Act, as
amended, 33 U.S.C. § § 1251, etseq.
Addition means any extension or Increase In floor area or height of a building or structure.
Alterdb'on means any construction or renovation to an existing structure other than an addition.
Approval authority, means the Arizona Department of Environmental Quality or Regional Administrator for
Re^on IX of the U.S. ERA.
Approved means accepted by the Water Flesources Division as either meeting an applicable specification
stated or cited in this chapter, or suitable for the proposed use,
Approved laboratory procedures means the measurements, tests and analyses of the characteristics of water
and sewage In accordance with analytical procedures as established In iTtle 40, Code of Federal Regulations, Part
i36, as revised, that are performed by an envlronmentai.laboratpry licensee by foe state pursuant to A.R.S. §§ 3^
495, et Seq. Alternative procedures may be approved by the division director In accprdahce wltfi applicable federal
regulations.
Authorized representative of an industrial user mearis:
(a)
If the user is a corporation;
(1)
The president, secretary, treasurer, or vice president of the corporation In charge of a principal
business function^ or any other person who performs similar policy or decision-making functions
for the corporation; or
(2)
The manager of one or more manufacturing, production, or operating facilities;, provided the
manager Is authorized to make management decisions that govern the operation of the
regulated facility Including havingtheexpllcitor Implicit duty of making major capitalThvestment
recornmendatlons, and Initiate and direct pther comprehensive measures to assure long-term
compliance with envIronmentaTlaws and: regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information forwastewater
discharge pemrilt requirements; and where authority tp sign documents has been assigned or
delegated to the manager In accordance with corporate procedures,
(b)
If the userTs a partnership or sole proprietorship; a general partner or proprietor, respectively.
Created: 2«3-ie-27 U:S1:S3 [ESI]
(Supp.No.79)
Page 55 of 122
Exhibit A
Resolution 13658
Page 55 of 122
(c)
Ifthe user is a federal, state, or local gcjvemmehtal facility: a director or highest official appointed dr
designated to oversee the operation and performa nce of the activities of the ^ernment fadlfty.
(d)
The Individuals described In subsections (a) through (c) above may desl^ate another authorized
representative If the authorizatiph Is made in Writing, the authorization specifies the Individual or a
position responsible for the cwerall operation of the fadlity from which the discharge originates or
having pverair responsibility for environmental matters for the corripany or fadlity, and the written
authorization Is submitted to the aty.
Available means a public sewer llpe Is located within five hundred (500) feet of a prepares boundary line,
has suffident capacity for the requested connection, an elcfenslon of the line can be engineered to meet the CIty.'s
standards, and the physical circumstances of the Ri^-of-Way and the surrounding property will reasonably
perrrilt the extension as used In Sectlon 49-117. This indudes establishing sewer gravity flow from the subject
paroei to an existing public sewer line located w!thin%e hundred (500) feetofa property's boundary line. What Is
"reaspnable" shall be determined In the Solejudgment of the City.
Best Management Practices or BMPs means schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to Implement the prohibitions listed In section 497161 arid 40:GFR §
4O3.5 (a)(1) arid (b). BMI^ are pretreatment requirements aridfncludei but are notjlrnlted to, operating
procedures and practices to control plant Site runoff, spillage of leaks, sludge or waste disposal, or drainage from
raw materials storage. BMPs also Include alternative means (I.e., management plans) of complying with, or In place
of, certain established categorical pretreatment standards and effluent limits.
Biochemical pxygeri demqndlBOD) mearis the quantity of axygen utilized In the blocherfilcal pxldation of
organic matter Under standard iaboratofy coridltipns.fpf flye (5) days at a temperature of twenty (20) degrees
centigrade, expressed as a concentration (e.g, milligrams per llter;(mg/l)).
Building indudes but Is not limited to a walled and roofed structure built constructed, or pre-manufactured
above or below grade and Is used or Intended for supporting or sheltering arty use or occupancy.
Building sewer means a private conveyance for transporting wastewater from a person's premises to a
private sewer or to the POTW. The building sewer Includes the sewer tap.
Bypd^ means tee intentional diversion of wastestreams from any portion of an industrial user’s treatment
facility.
CFfi means tee Code of Federal Regulations.
Categorical Industrial user means an industrial user subject to a categoficai pretrea tment standard or
categorical standard:
Gjf^orfco/pnefreotfnerifStortdard or oaf^onai/steridord means any regulation containing pollutant
discharge limitations and,promulgated by the EPA under tee authority of Section 307(b) and (c) of the Act which
apply to a specific category of users and which are published in 40 CFR chapter 1, subchapter N Parts 405-471.
Chernlcal oxygen demand (COD) means a measure of the i^ygeri required to o^dlze all compounds, bote
organic and Inorganic In water, expressed In terms of weight and concentration (m^).
Oty means the City of Scottsdale, Arizona.
Corripbsltesample means a combination of individual samples obtalried at regular intervalsover a specified
tirtie period. The volume of ea.ch individ.ual sample shall be.elteer proportional to tee flow rate duririg the sample
period (flow composite) or constant and collected at equal time Intervals'during tee composite period (time
composite) as defined in a perrnit.
Code means tee Scottsdale Revised Code.
Cbncentrotton means strength of tee wastewater as measured by BOD .or COD In units of mg/I,
Crcited;' 2023.10-27 10:51:53 [E5T]
(Supp. No. 79)
Page 56 of 122
Exhibit A
Resolution 13658
Page 56 of 122
Contractor (synonymous with “butlder") means a person who undertakes te or offers to undertake to, or
purports to have capacity to undertake to, or submits a bid to, or does themself or by or through others construct,
alter, repair, add to, subtract from. Improve, move, wreck or demolish any building, highway, road, railroad,
excavation Or other structure, project, development or Improvement or to do any part thereof, including the
erection of a scaffolding or other structures or works In connection therewith, apd includes subcontractors,
specialty contractors, developers and speculative builders.
Cooling water means any discharge from any heat transfer system such as condensation, air conditioning,
cooling or refrigeration Into the sewer system.
Cross-connection means any unprotected actual or potential connection or Other arrangement of piping or
fixtures between a piping system containing potable water and a piping system containing nonpotable water,
waste fluids. Industrial fluids, or any other fluids or substances of questionable safety for human consumption,
through which, or because of which, backflow can or may occur Into the public potable water systern. Cross-
connections include any temporary oonhections such as swing Corinectlons, removable sections, four^ay plUg
valves, spools, dummy sections of pipe, swivel or change-over devices, sliding multiport tubes, hose connections,
or any other temporary or permanent devices, through which, or because of which, backflow can or may occur.
Do/I^ maximum//m/t means the maximum allowable discharge limit of a pollutant during a calendar day.
Where dally maximum limits are expressed In units of mass, the dally discharge Is the total mass discharged over
the course of the day. Where dally maximum limits are expressed In terms of a concentration, the dally discharge
is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that
calenda r day.
Department director of buslne^ services means the business services department director of the City
revenue col lection function or their duly authorized agent including but not limited to, the revenue collector and
utility billing office.
Developer shall include the individual, fjrm, corporation, partnership, association, indication, trust or other
legal entity which is responsible for facilitating the owner's demand on the City sewer facilities and aeates
structures on that land.
Dilution means the addition of some quantity of liquid (water) that results In a deaease in the original
concentration.
Division means the City of Scottsdale Water Resources Division.
Division director means the division director of Water Resources or designee.
Doniestlc wastewater dr sanitary wastewater ntieans liquid wastes .containing sewage and similar matter
from the sanitary facilities.of residences, commercial buildings, and Industrial facilities.
Domestic user means any user who discharges only domestic sewage.
Dump Station means a facility intended to receive the discharge of wastewater from a holding tank Installed
on a reaeational vehicle.
Effluent limitation means a limitation imposed on discharges to the POTW,
Ertfdrcement response plan (ERP) means a plan developed by the City to enforce the pretreatment
regulations contained. Ip the Scottsdal.e Revised Code.
Ehvironrnehtal Protection AgenCydr EPA nieahs the United States Envlroriment'al Protection Agency or a duly
authorized official of said agency.
Existing source means an industrial user which: 1) is In operation at the time of promulgation of categorical
pretreatmeht standards; Or 2) anV source of dlschar^ that Is not a now source.
(Supp. No. 79)
Created: 2e23-»-27 ia:Sl:S3 [EST]
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Exhibit A
Resolution 13658
Page 57 of 122
Facility means any land, building. Installation, structure, equipment, device, conveyance, area, or source
from which there is or, yi/ith reasonable probability, may be a discharge.
pots, oils, and grease (FOG) meansahy hydrocarbons, fatty acids, soaps, fat^ waxes, oils, and any other
material that Is extracted by heiane solvent as specified in 40 CFR Part 136.
F/xturw. See "Plurhblng fixture."
Food service establishment means any business activity where articles of food, drink, or condiment are
customarily prepared Or served to patrons for consumption on dr off the premises, fhis also Includes restaurants,
bars, cocktoll lopnges, the dining room,of,hotels, and aM caterers.
Frontage means the entire length of that portion of a parcel of property that abuts a public street, public
easement or public Right-Of-Way.
Gortoge means solid waste from the preparation, coolcing, and dispensing of food and from the handling,
storage, and sale of produce.
Grab satnple means ari Individual saniple that Is collected from a wastestream without regard to the flow
and over a period of time not to exceed fifteen (15) minutes.
Hazardous waste means.any discarded material listed as hazardous pursuant to 40 GFR Part 261 or having
such characteristics.
Indirect discharge or discharge tneans the introduction of pollutants Into the POTW from any non-domestic
source.
Industrial rneeirs of or pertaining to industry, nrianufactufing, commerce, trade,.pr busiriess, as distinguished
from domestic or residential.
Industrial user or user means a source of Indirect discharge.
Iridustrldl wastemeans the liquid waste from an Indusfrlal rfianufecturlng processi trade, or business as
distinguished from domestic wastewater.
Instantaneous limit means the maximum concentration of a pollutant allowed to be discharged at any time
and determined from the analysis of any discrete or composited sample collected. Independent of the Industrial
flow rate and the duration of the sampling event.
Interceptor ineans a device used to separate oil, grease, and sand or any flammable wastes from sewage,
intez/ererrce means a discharge which, alone or.in conjunction with a discharge or discharges from other sources;
(a)
Inhibits or disrupts the POTW, Its treatment processes, or operations, or Its sludge processes, use of
disposal; arid
(b)
Therefore Is a cause of a violation of any requirement of any environmentally related permit Issued by
a governmental entity (Includingan Increase In the magnitude or duration of a violation) or of the
prevention of sewage sludge use or disposal Ih compliance vyith the following statutory proylslonsi
reflations, or permits Issued thereunder (or more stringent state or local regulatiphs): Section 405 of
the Act; the Solid Waste Disposal Ad (SWDA) (including Title II commonly referred to as the Resource
Conservation and Recovery Act (RGRA)); state regulations contained In any state sludge management
plan prepared pursuant to.subtitle D of the SWDA; the C|eari.Alr Act;;the Toxic Substances Control Act;
and the Marine,Protection, Research, ahd Satictuafles Act
Land Development means any, method of creating or recreatinga Icrt,'trad, parcei easement; or Rlght-of-
Way, including but not limited to, subdivisions, minor subdtvisibhs, condominiums, Multi-Family and commercial
properties.
Land Division means a division of improvedor unimproved land or parcel lntb two (2) or more parcels.
(Supp. No. 79)
Xrcatcd:-2e23.<fie-27 10:51:59 [EST]
Page 58 of 122
I
Exhibit A
Resolution 13658
Page 58 of 122
Local limit tnearii a specific discharge limitation developed and enforced by the Qly as pfetreatrnent
standards upon Industrial users to Implehient the general and specific discharge prohibitions listed In 46.eFR,§
403.5(a)(1) and (b).
Mpfn sewer means a sew/er which receives sewage from one (1) or more sewers as tributaries.
Mddlcal waste means any solid waste as defined In 49 AiR.S. § 701, Including Isolation wastes. Infectious
agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical
wastes, potentially contaminated laboratory wastes, and dialysis wastes.
Mixed use development rneahs a teal estate project with planned Ihtegratioh of some combination of.retall
office, residential, hotel, recreation, Industrlal or other functions. The different classes of mixed use are
summarized at section 49-141(g).
Monitoring manhole means a manhole used to monitor sewage flows or quality.
MuM-Farriliy Residential rfieans more than one (1) dvi/elling unit Is serviced by a single sewer tap and Is
connected to the'sewer system.
Natural outlet means any outlet Into a watercourse, ditch, or other body of surface or ground water.
New source rriearis any buildlna structure, facility, or installation.frprTi which there Is or may be a discharge
of pollutants, , the construction of which commericed after the publication of proposed pretreatment standards
under, Section 3d7(c) of the Act that will be applicable to such source If such standards are thereafter promulgated
In acconfance with that section and as further set forth In 4bCFR § 4b3^3(m}.
Non-cornpllant means failing to satisfy the requirements of this article,
Noncontact cooling water means water used for cooling that does not come Into direct contact with any raw
. material. Intermediate product; waste product or finished product
Npnhazardous liquid waste (NHLW) means waste hauled from residential septic systems, restaurant grease
traps/interceptor or chemical toilets.-
Nonsignificant industrial user means any person or entity which does not meet the definition of a significant
industrial user, but Is otherwise required by, the City through permit order, or notice to comply With specific
provisions of this article.
Notice means a written Instrumerit served by the aty, as follows, with tlhie cpmnienclngfrom date of,mailing,
senricing, filing or recording:
(1)
by the use of Ordinary mail to the last known address of the person to whom jt ls required to be gveri;
or
(2)
by personal service; or sense
(3)
by filing or recording with a clerk of the superior court or county recorder.
NPOES permit means a national pollutantdischarge elimination system permit Issued by the EPA, or an
Arizona poljutant discharge ellmlnatibn system (AZPDESJ permIt Issued by the State of Arizona, which imposes
standards governing the quality of treated effluent discharged from a P.OTiiV into a navigable water of the United
States. NPDES permit also means the National Pollutant Discharge Elimination System Permit ifAZ002dS24 issued
to the ,qty Of Phoenix;
Oil and grease means ameasure of the total oil and grease cOnteht of a sample as determined by approved
EPA methods or any other equivalent method as approved by the divislon'director;
Outside user means any user outside the corporate limits of the City.
.Creited; aeZJ.lB-zr 16;51;53.Tbt]
(Supp.No.79)
Page 59 of 122
Exhibit A
Resolution 13658
Page 59 of 122
owner or builder means a person who owns Or leas« real property within the City or their authorized
representative acting as a contractor in constructing any Improvement upon the real property, which real property
as improved. Is held by such person for their use or for rental, lease, or sale purposes.
Pass through means a discharge which exits the POTW In quantities or concentrations which, alone or in
Conjunction with a discharge or discharges from other sources. Is a cause of aviOlatlon of any requirement of any
applicable NPDES permit. Including aniinaease In the magnitude or duration of a violation.
Penalty policy means the policy established by the City's Water Resources Division to determine and
calculate penalties for violations of the pretreatment requirements established In this article;
Perm/r means any required written authorization.
Person means any Individual, partnership, firm, company, corporation, association, limited liability company.
Joint stock company, trusti.estate, governmental entity, or any other legal entity, or its legal representatives,
agents or assigns. This definition includes all federal, state, and local governmental entities,
pH means a measure of the acidity or alkalinity of a solution, expressed In standard units.
Plant means any fodllty or process producing llquid.wastes and which rhay be a source of discharge Into the
City's sewer system.
Plumbing Fixture means any receptacle, device, or. appliance which Is supplied with water (excluding hose
bibbs and fire protection systems) or receives liquid borne wasite for discharge Into the on-sIte septic or Rublidy
Owned Treatment Works.
Pollutant means any dredged spoil, solid waste> Incirierator residue, filter backwash, sewage, garbage,
sewage,sludge,.explosives, munitions, medical waste, chemical wastes, corrosive substance; biplc^'cal material,
biological nutrient; toxic substance, radioactive material, heat, wrecked or discarded equlpmerit; rock, sand, slurry.
Cellar dirt, untreatable waste, or Industrial, domestic, municipal or agricultural wastes and Includes certain
characteristics of wastewater (Including, but not limited to, pH, temperature, TSS, turbWity, color, BOD, GOD,
toxicity, or odor).
Pretreatment means the reduction of. the amount of pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties In wastewater prior to or in lieu of discharging or otherwise
Introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical. Chemical, or
biological processes, process changes, or other means, except that dilution shall hot constitute treatmentof
pretreatment unless allowed by an applicable pretreatment standard.
Pretreatment requirement rneans any substantive or procedural, requirement related to.pretreatment; other
than a pretreatment standard IrhpOsed on an industrial user, and shall include BMPs related tO pretreatment
imposed On a user, as may have been established pursuant to the laws or regulations Of the United Stetes, the
State of Arizona, or the City, and conditions of a wastewater discharge permit
Pretreatrnent standard means prohibited discharge standards, categorical pretreatment standards, and local
llrrilts established pursuant to the laws of regulations of the United States, the State of Arizona, or the Qty.
Private septic tank system means a septic tank or other system that Is maintained by the property owner.
Private sewer means any wastewater collection system other than the POTW.
Prohibited discharge standards mean absolute prohibitions against the discharge of oertalfi substances as set
forth In section 49-161.
Process wastewater means any water which, during manufacturing or processing, comes Into direct contact
with or results from the production or use of any raw matoi'la.li Intermediate product, finished product, by
product, of waste product
Public sewer means main or trunk sewer controlled and maintained by the Qty.
(Supp. No. 79)
Crtited; 2023-10,27 10.;51;53 [EST]
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Exhibit A
Resolution 13658
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Publldy Owhed Treatment Works (POTW) means a treatment works as defined by Section 23,2 of the Act
which is owried by the City or another municipality and Includes any devices or systems used In the collection,
storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any
conveyances which convey wastewater to a treatment plant
Public utility easement means land,:whlch by conveyance of easement Is dedicated to the public for the aty's
ownership and maintenance of a utility line and associated appurtenances.
Reconstruction means any construction, modification, addition, alteration, remodel or combination thereof
to,existing buildings.
Representative sample means a composite sample obtained by flow proportional sampling techniques. If the
Water Resources Division determines that flow proportional sampling is not feasible, the sampling by time
proportional composite or Composites of grab samples vvlll be allowed according to ERA requirements.
Revenue means, in general, additions to cash or other current asSe.te-that do not increase any liability pf
reserve, nor represent the recovel^ qfari expenditure.
Rlghtrof-Vlay means land which by deed, conveyance, agreement easement> dedication, usage or process of
law Is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrlari
walkway purposes,
Service area shall haye the same meaning as defined In Section 49r73.
Sewage means human excrement and similar matter from tdlets and gray water.
Sewer means a wastewater conveyance or conduit system which carries sewage and/or non-domestic'
wastewater ahd^to which stormwater, sUrfoce water,'and ground vyater are not Iritentiphally admitted.
Sewer /a'terq/ meansa privately owned andimaintalned pipe extending from the public wastewater collection
system to a bulldihg or residence for the purpose of discharging spwage into the pubjlc wastewater collection
system.
Sewer line means public line owned and maintained by the City.
Sewer tap meanS a wye or tee connected to a sewer.
Shall Is to be construed as mandatory.
Significant Industrial user (SlU) means;
,(a) All users subject to categorical pretreatrnent standards.
(b)
All users that:
(1)
Discharge an average of twenty-five thousand (25,000) gallons per day or more of process
wastewater to the POTW fexcluding sanitary, noncontact coolirig, and boiler blowdown
wastewater); or
(2)
Contribute a process wqstestream Which makes up five (5) percent or more of the average dry
weather hydraulic or organic capacity of the POTW; or
(3)
Are designated as such by the division on the basis that they have a reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment standard pr
requirement
(c)
the City may determine that an Industrial user subject to categorical, pretreatment standards is a norf-
slgnlflcant industrial user rather than a significant Industrial user on a finding that the Industrial user
tteyer discharges more than lOQ gallons per day (gpd) of total categorical wastewater (excluding
(Supp.No.79)
Cmttd; MJ3,l0-27 10:51:53. [ESI]
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Exhibit A
Resolution 13658
Page 61 of 122
sanitary, non-contact cooling arid boiler blowdown wastewater, unless specifically Included In the
pretreatment standard) and the following conditions are met;
(1)
The Industrial user, prior the City's finding, has consistently compiled with all applicable
categorical pretreatment standards and requirements;
(2)
The industrial user annually submits the certification requirement requited In 40 CFR § 403.12(q),
together with any additional information necessary to support the certification statement; and
(3)
The Industrial user never discharges any untreated concentrated wastewater.
(d) Upon a finding that a user meetirig the criteria In subsection (b) of this section has no reasonable
potential for adversely affecting the POTW's operation or for violating any pretreatment standard or
requirement, the City may at any time, on its own Initiative or in response to a petition received from
an industrial user, and In accordance With procedures in 40 CFR § 4b3.8{f)(6), determine that such user
should not be considered a significant Iridustrlal user.
Significant Non-Compliance (SNCj means a significant Industrial user In violation of one or more of the following
criteria or any other Industrial user In violation of subparagraphs (c), (d), or (h):
(a)
Chronic violations of wastewater discharge llrhlts^ defined here as those In which sixtyrsix percent or
more Of all of the measurements taken for the same pollutant parameter duririg a six-month period
exceed (by.any magnitude) a numeric pretreatment standard or requirement. Including Instantaneous
limits, as defined by 40 CFR § 403.3(1);
(b)
Technical Review Criteria (TRC) violations, defined here as those In which thirty-three percent or more
of all of the measurements taken for the same pollutant parameter during a six-month period equal or
exceed the product of the numeric pretreatment standard or requirement Including Instantaneous
limits, as defined by 40 CFR § 403.3(1) multiplied by the applicable TRC (TRC = 1,4 for BOD, TSS, fats,
oil, and grease, and 1.2 for all other pollutants except pH);
(c)
Any other violation of a pretreatmerit standard or requirement as defiried by 40 CFR § 403.3(1) (dally
maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines
has caused, alone or In combination with other discharges. Interference or pass through (Includlrig
endangering the health of POTW personnel Or the geriefal pubilc);
(d)
Any discharge Of a pollutant that has caused imminent endan^rfnent to human health, welfare, or the
environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such
a discharge;
(e)
Failure to meet within ninety days after the schedule date, a compllarice schedule milestone contained
In a permit, local control mecha nism. Or enforcement order for starting construction, completing
construction, or attaining final compliance;
(f)
Failure to provide, within forty-five (45) days after the due datej required reports Such as baselltie
mOnItoririg reports, riinety-day compliance reports, periodic self-monItOrIng reports, and reports on
compliance with compliance schedules;
(g)
Failure to accurately report noncompliance;
(h)
Arty other violation or group of violations, which may Include a violation of BMPs, which the division,
determines will adversely affect the Operation.or Implementation of the local pretreatment program;
Single-Family Residential means one (1) dwelling unit is serviced by a single sewer tap In which a single family
typically resides and Is connected to the seWer system.
Slug load or slug discharge mearis any discharge at a flow rate or concentration which could become a
violation of the prohibited discharge standards In this article. A slug discharge Is any discharge of a non-routine.
(Supp. No. 79)
Crested; MJ3-18;27 ie;51:53 [EST]
Page 62 of 122
Exhibit A
Resolution 13658
Page 62 of 122
eplsodfc iiature, including but not limited to an arcidental spill or a nonrCUstotnary batdl discharge, which has a
reasonable potential to cause interference dr pass through, or In any other way violate this article, local limits; the
Intergovernmental Agreement, or a POTW's permit conditions.
Standard Industrial Qassiflcdtion (SIC) means a clarification pursuant to the “Standard Industrial
Classification Manual" Issued.by the Executive Office of the President-Office of Management and Budget, as |t may
be revised from time to time.
Storm drainage means a pipe conduit which carries storm and surface water and drainage, but excludes
sewage and Industrial wares.
Stormwater means stormwater runoff, show meltninoK, and surface runoff and drainage.
5fri/ct(/re means including, but Is not limited to each separate occupancy, residence, house, store, building,
or any construction or production or piece of work artificially built up or comprised of parts joined together in
some definite manner and Is connected to the sewer system.
SubReglonol Operating Group (SROG) means.Joint Exercise of Powers A^eement (JEPA) No. 22699 or the
latest amendment thereto relating toimplemehtation and enforcement of theindustrlal pretreatment program
under a NPDES permit Issued to the Gl^ of Phoenix. The IGA Is.ampng the City of Phoenix arid the Cities of
Scottsdale, Tempe, Mesa and Glendale.
Total organic carbon (TOC) means the total of aN. organic oonnpoundsexpressed In milligrams per liter as
determined by the oombustlon-lnfrared method.prescribed by approved laboratory procedures.
Total susperided so//ds (TSS) means the total suspended matter that fioats dh the surface of or Is suspended
in water, wastewater, or other liquid and that Is retncvable by filtratidh.
Town of Paradise Valley means the Incorporated Town of Paradise Valley, Maricopa County, Arizona.
Trunksewer means a sewer which receives sewage from many main sevtefs and serves as an outlet for a
large territory.
Unit of service means each structure, group of structures, portion of a structure or real property which Is
connected to the sewer system.
User means any person, (toiporation, firm, municipality, owner, teriant, trustee, mortgagee,- receiver or
occupier of property which Is connected tothe sewer system.
Wastewater means treated or untreated liquid or water-carried non-domestic Industrial wastes and/or
sewage from residential dwellings or commercial. Industrial or manufacturlhg facilities.
l/VostBwqtef discharge permitmearis the control mechanism Issued to an Industrial user and as provided for
In sections 49-165 and 49-166.
Wastewater treatment plant or treatment worksmeans that portion of the POTW which is designed to
provide treatment of sewage and wastewater.
IVatercourse.means a channelih which a flow of water occurs, either contihubusly or Intermittently.
Sec. 49-92, Authority and ad'ririinistratibh,
(a)
The provisions of this article are the minimum requirements for the promotion of the public safety, health
and general weltere:
(b)
The Water Resources Pivislonfs chared with.the operation and mairitenarice ofthe POTW. The division shall
enforce all regulations necessary for the safeand efficient administratlon.of the POTW. The.dlvlsion shall
ensure that all contractual obligations are met and will, from time-rfo-tlme, advise the City Council whenever
.the City contemplates entering Into new agreements.
(Supp. No. 79)
Crated; 2023-19-27 10':51;53 [EST]
Page 63 of 122
ExhibitA
Resolution 13658
Page 63 of 122
(c) The Water Resource Division shall have the authority to establish quantity of discharges and effluent
limitations for pollutants, sewa^ or any liquid that can be. accepted Into the POTW, and .to specify those
pollutants thatare prohibited from entering the POTW.
(dj The Water Resources Division shall have the authority to deny or condition new discharges or Inaeased
flows from exlstlrigdischarges to the POTW.
(e)
The Water Resources Division shall have the authority to establish and collect fees for the maintenance; and
operation of the POTW.
(f)
The Water Resources Division shall haye the authority to establish special rates or credits for unusual or
unique sltuatlphs and such rate or credits shall be based upon the cost of the torvlce provided or Incurred.
(e) The Water Resources Division shall have the authorlty to establish administrative penalties and access these
penalties for violations of this article.
(h) The Water Resources Division shall have the authority to deyelop and Ithplement enforcement response and
penalty policy plans to enforce this article.
(I) The Water Resources Division shall maintain all public sewers.
(I) All private sewers shall be maintained by the property owner.
(k)
The Water Resources Division shall have the authority to remove or disconnect any connection Into the
sewer system that does not meet the requirements of this section or chargee user rate as described In this
Code.
(l)
Any Improvements required to be made or work required to be performed under this Article shall be dorie in
compliance with the then applicable building, plumbing or electrical code asadopted by the City of
Scottsdale in Chapter 31 of the Scottsdale Revised Code.
Sec. 49-93. Pretreatment.
(a)
Any Industrial user of the POTW shall be in compliance with all pretreatment requirements provided in this
article.
(b)
Any industrial user of the POTW shall provide, at their expense, such pretreatment as may be necessary to
meet any effluent limitations of this article.
(c)
The Water Resources Division will review, but not approve, plans and specifications for all pretreatment
fadlitles. All pretreatment facilities will be.reviewed by the Oty for compliance with building codes and all
appropriate:permIts shall be obtained. Approval of plans and Inspection by the City shall not relieve the
Industrial userfrorn complying with the pretreatment requiremente provided in thls artlcle.
(d)
The Water Retoufces Division will enforce federal pretreatineht requli^ements as pfovided In 40 GFR Part
403.
(e)
Where pretreatment facilities are provided for any discharge, they shall be maintained continuously In
satlstectory and effective operation by the IridiEto’si usef at. *a!r expense. No Industilal utor shall have a
discharge that is the result of a bypass uriless: the bypass Is unavoidable to prevent loss of life, persohai
injury or severe property damage; there Is no feasible alternative to the bypass; or the bypass will not result
In a .violation of tire pretreatment requirements provided in this article. The Water Resources Division must
be notifledfn writing ten (lO) days prior toa bypass and the bypass must be approved by.the division.
Emergency bypasses, must beTepcjrted to the division Imrhedlately, arid a wriiten account of the bypass, shall
be submitted in the division within seven (7) days stating the reason for the bypass, the date, time, amount
and nature of the discharge.
Created: 2e23-U-27'ie:51:53 [EST]
(Supp.No.79)
Page 64 of 122
Exhibit A
Resolution 13658
Page 64 of 122
Sec. 49-94. Unsanitary disposal prohibited.
It Is unlawful to release on the ground or tp'any natural outlet, within the Qty, or upon any area under the
jurisdiction of the.qty, any sewage. Industrial wastes, human or animal excrement or other pollutants.
Sec. 49-95. Interceptors.
(a)
Interceptors, such as grease, oll,or sand shall be provided by laundries, restaurants, service stations, auto
repairshops, carwashes and other Industrial users when. In the opinion of the Water Resources Division
Interceptors are necesMiy for the proper handling of sewa^ containing oil and jgrease or sand of any
flammable wastes. Such Interceptors shall not be required for domestic users.
(b)
Airinterceptors shall be bfa type and capacity approved by the Gityanci shall be located as to be readily and
easily accessible for cleaning and Inspection.
(c)
Interceptors shall be constructed of Impervious rnaterials capable ofwithstanding abrupt and extreme
changes in temperature. They shall be of substantial construction, watertight and equipped with easily
removablecovers.Coversshallbegastlghtand watertight.
(d)
Where Installed, a|| Interceptors shall be maintained by the lndustr'ial user, at their expense. In efficient
operating condition at all times. The owner shall lreep written records and documentation of all cleaning,
repair, calibration, and maintenance required to demonstrate compliance with this section. Records shall be
kept at the facility for a minimum of three (3) years and be made avajlabie to the division director upon
request.
Sec. 49-96. Monitprlng manholes.
When required by the City, the owner of any property served by a building sewer discharging any industrial
wastes or that has the potential to discharge Industrial wastes, shallTnstall a suitable monitoring manhole or
monitoring vault In the building sewer to facilitate observation, measurertientand sarnpllng of the industrial
vi/astes.Such monitoring manhole or. monitoring vault, when f^uired, shall be accfeslble.and.safely located and
shall be constructed In accordance with plans approved by the City. The monitoring manhole or monitoring vault
shall be Installed by the Industrial user at their expense arxl shall be maintained.by them so as to beSafa and
accessible at all times.
Sec. 49-97. Outsfde users.
All usersarid ttiunicipallties outside of the City limits which .discharge to the POTW shall comply .with all
provisions of this article. Unless otherwise explicitly agreed, the City retains authority for full enforcement of this
article against outside users.
Sm. 49-98. Inspectloris.
(a)
Any authorized employee of the City shall. Upon presentation of their Credentials, have access at all
reasonable hours to any user's premises for the purpose of making an inspection of the premises to
determine compliance w(th this article.
(b)
Any Industrial user or potential user shall ajiow.all Inspection, monitoring. Copying of records, etc.,
reasonably needed by.the City or its agent to.perform the duties of thls.artide.
Crested: 2e23-ie-27 ie:Sl:S3 [EST]
(Supp. No. 79)
Page 65 of 122
Exhibit A
Resolution 13658
Page 65 of 122
S«. 49-99. Confidential Information.
Unless otherwise determined by the City to fall within ah applicable exception to disclosure laws, user
Information and data from reports, surveys, wastewater discharge permit applications, wastewater discharge
permits, and monitoring programs, and from the division's inspection.and sampling activities, shall be available to
the public without restriction, unless the user specifically requests, and Is able to demonstrate to the satisfaction
of the division, that the release of such Iriformatipn would div.ul^ Information, prbcesses,.or methods of
production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at
the time of submission of the information or data. Upon theuser'erequestanddemonstratlon that such
Information should be held confidential, the portions of the,Information which might disclose trade secrets or
proprietary processes shall not be made available for public inspection but shall be made available Immediately
upon request to governmental agencies fot^ uses related to enforcement proceeding involving ttie user frjrnlshlng
the information, or pursuant to a court order. Wastewater constituents and characteristics and other effluent data
as defined In 40 GFR 2.302 shajl not be recognized as confidential Information and shall be made available to the
public without restriction.
Sec. 49-100. Inteiference with City employees.
No person shall interfere w|th City employees in any disdhar^ of their duties.
Sec. 49-101. Damage to POTW prohibited.
No user shall maliciously or willfully break, damage, destroy, deface or tamper with any part of the POTW.
Sec. 49-102. Users responsibility; obstructing access to system.
(a)
Except as otherwise descfibed In Sec. 49-127, each user shall be responsible for cleaning, unstopping,
maintaining and repairing the buliding sewer and tap subject to the conditions of Section 49-127. Whenever
the damage requires off-property excavation, the user or contractor shall obtain an encroachment permit to
wOrIc in the public Rl^t-of-Way.
(b)
No personshall plaoe lh, upon or about any sewer llhe and related appurtenances arry object, material,
debris or structure of any kind that will prevent free access to or flow of the same at all times. Nor shall any
person In any manner tamper with, mar> or otherwise injure any sewer line or any related appurtenances.
Sec. 49-103. Distribution of POTW revenues and use of funds.
Funds shall be established for the proper distribution pf POTW revenues. POTW revenues shall be allocated
to the funds pursuant to the then applicable Qty Coundl refolutfon. The funds shall Include but not be limited to
the following:
(1)
System replacement and extension resen/e,
(2)
Water and sewer utility reserve.
(3)
Sewer utility linresenred fund balance: The sewer utility unreserved fund balarxre shall be used for
operational and maintenance expenses associated with the delivery of POTW services.
Secs. 49-104—49414. Reserved.
DIVISION 2. EXTENSIONS AND CONNECTIONS
Created: 2a23<e-27'ie:Sl:S3 [EST]
(Supp. No. 79)
Page 66 of 122
Exhibit A
Resolution 13658
Page 66 of 122
Sec. 49-115. Excavations and sewer connections.
No excavation shall be made In any,street, alley of Rlght-of-W/ay under the Jurisdiction of the Qty for the
purpose of connecting to the POTW without complying with article III of chapter 47. No person shall fall or neglect
to restore the street or alley or RJght-of-.Way to its original condition. No person shall uncover, make any
connections with or Opening Into, use, alter, or disturb any sewer without complying With article III of chapter 47.
Sec. 49-116., Connection to private septic tank system.
Where a public sewer Is not available within the City, or any area under the jurisdiction of the Oty, the
building sewer may be connected to a private onsite wastewater treatment system complying with all laws and
regulations of the state, the county and the City. Such private septic tank systems.shall be constructed, maintained
and operated at all times In a sanitary manner Construction, alterations and maintenance shall be performed In
conformance with the county health code arid other applicable regulations and only after obtaining necessary
permits.
Sec. 49-117. Connection to public sewer from private onsite wastewater treatment system.
(a)
If a public sewer Is available to the property and any one (1) of the following conditions is met, the building
seWef to all structures located on the property shall be connected to the public sewer In accordance with the
provisions of this article and the City's plumbing code and shall Include all required extensibns of the public
sewer system as described In article V:
(1)
New construction of a building (detached) containing plumbing fixtures; or
(2)
Fifty (50) percent Of greater by square footage of ariy Alteration, Reconstruction, Addition, remodel or
any combination thereof, as compared to the existing primary parcel building or
(3)
The county denies a septic permit; or
(4)
Upon City approval of a Land Division or Land Development
(b)
If the existing onsite wastewater treatment system falls, requires modification or alteration, and a public
sewer Is available and immediately adjacent to any frontage of the property, the building sewer, of all
structures located on the property shall be connected to the public sewer In accordance with the provisions
of this article and the Qty's plumbing code and shall Include all required extensions Of the public sewer
system.
(c)
After connection tothe public sewer system, any private onsite wastewater treatment system located on the
property shall be abandoned according to county requirements.
(d)
As used In this sertion, “available" shall have the same meaning as that set forth In Section 49t211.
Sec. 49-118. Private sewers, connection to public sewers.
(a)
Private sewers may be installed at the developer's discretion Multi-Family residential developments. Private
sewers shall not be Iristalled In a public utility easement or RIght-of-Way except to corinect to a public sewer.
(b)
Private sewers shall be Installed within all non-siibdlvided commercial or Industrial properties. Private sewers
shall not be installed within a public utility easement or RIght-of-Way except to connect to a public sewer.
(c)
Where a private sewer connects to a public sewer, the connection shall be made at a manhole or wye
connection located within a public-utility easement or public RIght-of-Way. The sewer line, indudingany
applicable wye connection. Is considered private until It enters the manhole or the public sewer in the public
Crtited; 2m3-l8-J7'18:51:53 [ESI]
(Supp. No. 79)
Page 67 of 122
Exhibit A
Resolution 13658
Page 67 of 122
Right-Of-Way. The Qty will maintain the manhole and all public sewers within a public utillly easement or
Right-Of-Way.
(d) Two (2) or more buildings located on the same parcel or on contiguous lots under different ownership may
be provided service through one (1) or more private sewer lines provided:
(1)
There Is an established. Incorporated association or management finn which Is responsible for
payment of the sewer sen/Ice charge; and
(2)
Each parcel or lot has a City-owned sewer line frontage on at least one (1) side of each parcel or lot;
and
(3)
The association or management firm does not charge a fee to connect individual parcels to a private
sewer line.
Sec. 49-119. Public sewer extensions in new subdivisions.
In new subdivisions where public sewer extensions are authorized by the City and constructed at the
subdivider's expense, the City may authorize the subdivider or their agent, to Install building connections with
wyes and connect the building sewers to the City sewer In accordance with the following provisions;
(1)
The construction of the public sewer and connections of the building sewers to the POTW shall be
under the, supervision of a registered civil engineer holding registration In the. state, who Shall submit
"as-bullt plans” bearing the registered civil engineer's regStratlon humbef and seal, to the City. The
registered civil en^neer employed by the subdMder shall require that all sewer taps serving lots In the
subdivision upon which no buildings are constructed, be effectively sealed uritll such time as buildings
are to be constructed on the lots left vacant ^ch sealed connections shall be Inspected and approved
by the aty engineer before being backfilled and shall be designated as the "as-built plans." The
effective seal shall consist of a vitrified clay stopper, inserted In the bell of the sewer extending to the
property line In the alley or to the curbllne In the street from the public sewer. The stopper shall be
permanently flagged by attaching one (1) end of a length of copper wire to the stopper and the other
end to a broken piece of clay pipe, which shall be placed under the soil surface directly over the end of
sewer pipe.
(2)
Before any building sewer construction Is commenced, permits shall be obtained by the subdivider or
their agent, from the City.
(3)
When the "as-bullt plans" ar'e Submitted to the City, the City shall make a record of the building sewer
construction;
Sec. 49-120. Approval of the sewer system construction.
The City must approve the design, engineering, and consb-uctlon of all building seWer connections provided
for under this article.
Sec. 49-120.1. Unauthorized connection to public sewer system.
No user or person acting on behalf of a user shall connect any pipe or plumbing fixture to the public sewer
system without permission from the City. No person shall break, remove a seal, or willfully injure, damage or
destroy any public sewer line. No uSer or person acting on behalf of a user, in order to gain sewer sen/ice or whose
sewer sen/Ice has been disoontihued and rendered inoperable by the City, shall by-pass, divert, rannect to or
otherwise tamper with the public sewer In an effort to establish or reinstate sewer service. Any person who
violates this section shall be subject to enforcement of either a civil or criminal offense as set forth In section 49-33
etseq. of this Chapter.
Created:
[EST]
(Supp. No. 79)
Page 68 of 122
Exhibit A
Resolution 13658
Page 68 of 122
Sec. 49-121. Record of building connection.
The Water Resources Division shall supply to the Utility billing office a record of connection and sewer User
code for each new.user of the City sewer system. The department director of business services shall keep or cause
to be kept a complete record of all.users and their addresses.
Sec. 49-122. Plans and specifications; encroachment permit; dedication.
(a)
Developers or owners extending public sevyers>hall have all plans and specifications for such extensions
prepared bya prpfessional ehgIneef'who lsregIstEred in this State. Such plans and specifications shall be in
accordance vvlth standards set by the City.
(b)
A developer or owner, tapping into or extending publlc sewers shall recelve'an encroachment permit from
the City prior to the Initiation of any work. Plans and specifications for,tap-ins for extensioris are required
exhibits to be a ttached to applicaticjns for encroachrnent permits.
(c)
Extensions to the public sewers which are coristructed In the dty RIght-of-Way or a public utility easement
shall become the property of the. City upon finaj acceptance;
Sec. 49-123. Payment of connection charges and deposits.
Any required connection charge shall be paid at the time the application for such connection Is made, and
any required deposit shall be paid at the time the application for the connection Is made.
Sec. 49-124. Sewer developrfient fees.
(a)
Sewer development fees shail be paid pursuant to section 49-74 of this article. Except tha^ for users located
within the Town of Paradise Valley, development fees shall be paid according to that certain
Intergovernmental Agreement No. 980154 between the City arid the Town of Paradise Valley effective
November 30,1998, as It may be amended from time totime.
(b)
The City has no obll^tiOri to provide sewer service or reserve sewer capacity for u^rs outside of the Clay's
service area. However, where the sewer system has sufficient capacity to permit addltional.connectlprrs to
be made, the City may allow connections, and/or enter Into agreements w/lth governmental entitles or
private parties guarariteeing reserve capacity. The reserve capacity fee shall be the product of the user's
peak dally sewage flow In gallons, such flow to be multiplied by the applicable "0 & M User'' and “Other
Char^" provisions, or any corfiblnation thereof aS set forth In Article IV, Division s, Section 49-141(g) of this
Chapter, and as may be determined from time to time by Qty staff and approved by the City Council. This fee
will be collected In addition to the sewer development fee. All sewer users within the area of the entity
entering Into the aforementioned agreement shall pay the reserve capacity fee. The City shall collert this fee
directly from the sevyer user before ponnectipn to the City SeWer system can be rnade, unieSs other
arrangements are made in.the alorenrentioned a^eement.
Sec. 49^125, Verification of seweir cohnectibh.
Upon request, the City shall Issue a letter verifying a sewer, connection. A dye, smoke test, or closed-circuit
television (CCTV) shall be made In all cases where there Is no evTdence of a connection on file.
(Supp. No. 79)
Creited: 2e23-l»;27 W:51;53 [EST]
Page 69 of 122
Exhibit A
Resolution 13658
Page 69 of 122
Sec. 49-126. Disconnection of a condemned or uninhabitable building.
The owner ofa structure that has.been condemned may request In writing to the City, that the staicture be
disconnected from the POTW;
If the aty or county health department determines that a structure Is unsanitary or not fit for human
habit3tlon,'the structure shall be disconnected froiii the POTW. fhe Water Resources Divisibnyyll,l affect the
disconnection and notify utility bjlllng to discontinue billing for sewer service. The pw/rier of the structure t^ll be
charged for the disconnection on a time and materials basis, payment to be made w|th a thlHy (30) days of
disconnection.
Sec. 49-127. Building sewers and sewer laterals.
Building sewers and sewer laterals are private up to and Including the tap oii .the public sewer, and are to be
owned and maintained.by the property owrier or tiie property's a^clatlon or management flr'm except as
otherwise described below. Building sewers and sewer laterals shall not be Installed In a pUbllc utility easement or
Right-Of-Way except to dirertly connect to a public sewer.
a)
Oisiruct/ons; The account hpidems responsibie for determining the Ipcatipn and cause of any
obstructioii that results in.a flow restriction in the building sewere and sewer laterals and for obtaining
repair estimates to clear the lines.
b)
Residential sewer laterals:
1)
2)
c)
If an obstruction occurs within that portion of a building sewer or sewer lateral located on private
property and Is due to root intrusion, pipe failure, sags, or Joint separation the owner or account
holder shall be responsible for all corrective action and associated cost to clear the obstruction
and repair or replace the building sewer pr sewer lateral. Any disputes regarding Ipcation of the
pbstiuctlph and/or the corrective action taken Will be at the sole discretion of the division
director.
ifan obstruction occurs withinthat portion of a building seweror sewer lateral located within the
RIght-of-Way or public utility eaMment andfs due to physical failure of the pipe rriaterlal,
structural deficiency, or separation pf a joint not caused by roPt Intricion, sags or discharged
waste, the City may repalr that portion of the pipe at no additional cost to the user. Any disputes
regarding location of the obstruction and/or the corrective action taken will be at the sole
discretion of the division director.
.3) Funding for services provided by the City will be annually budgeted, as approved by City Council.
Funds will be used on a first-ln basis. If annual funding becomes exhausted, corrective services by
the aty will be suspended until City Council approves additlonai fundlng..The City will not make
any relmbursernerlt for ahy services paid for by the user.
Corrirnerclal/lndustrlal and Non-Residendal and all other building sew^r,laterals: The User, account
holder, owner or property management association shall be responsible for the cleaning,.unstopping,
repair, and/or replacement of building sewers and sewer lateral up to and Including the connection to
tiiepUbllc'sewer main andallassoclated dostsi
Secs. 49-129-49-140. Reserved
DIVISION 3. USER RATES AND CHARGES
(Supp.No.79)
Page 70 of 122
Created: 2nB-ie-27 19:51:53 [EST]
Exhibit A
Resolution 13658
Page 70 of 122
\
Sec. 49-141. Rates and user charges.
(a)
There is established a ^terh^ rates or user charges for the treatrtient of sewage and use of the POTWin
conformance with rules and regulations set forth under Public Law 95-217.
(b)
Rates established by the Water Resources Division may be adopted by the dty Council upon determination
of the cost The dty shall maintain sufficient reserves to ensure adequate funds for any reasonable variations
in the costof and demand forseiylce.
(cj The rate schedules presented to the council for adoption shall be based upon the following factors;
(1)
the total costs of treatlhg sewage under contract with the City of Phoenix Including salaries and
benefits, applicable operating expenses. Including parts, materials and services incurred in providing
sewer service, minus any sale of.sewage by-products by the Dty of Phoenix for the City,
(2)
Applicable equipment replacement oostsnecessitated by the provision of sewer senrice.
(3)
The cost of membership (n the subregional operating group for planning and admlnlstratlori.
(4)
The :tptal direct costs of the City which are allocable tbPOTW administration, maintenance and repair.
(5)
Appropriate indirect posts of the City In rendering sewer related services such as purchasing,
accounting, blljlng and administratiori.
(6)
Annual debt serylce charges for theretlrement of sanitary sew/er bonds.
. (7) Revenue requirements necessary for the operation of the Qty as determined by the City Council.
(8)
POTW capital expansion needs not covered by development fees.
(9)
Any sale of sewage by-products by the Qty shall first be deducted from the total cost of treating
sewage.
(10) theO&M user chaise shall consist of direct operating and maintenance costs Including capital
replacements, city wide indirect costs, franchise fees, billing and collection. The Capital and Other user
charge shall consist of debt service, non-replacemerit capital and adjustment to cash reserves,
(dj Rates shall be established through the adoption of an ordinance by the City Council.
(e) The user charge portion of the total sewer charge shall be developed by the use of the following user charge
formula:
Cu
Cu
VcVu :+ BcBu + ScSu + AcAu, When:
Vc
User's charge per unit of time.
Vu
.=
b & M cost for tfansportatirm end treatment of a unit of waste volume (million gallonsj
Bd
Volume contribution from a user per uriitof time.
Bu
O & M cost for treatment of a unit (lb) of chemical oxygen demand (CPP).
Sc
Total COD tontffbutlon from a user per unit of b'me.
SU
0 & M cost for treatment bf.uriit (lb) of suspended spllds (SS).
Ac
Ail
Total suspended solids contribution from a user per unit of time.
Unit cost for processing and billing each account
Total accourits for the user of class of user.
(f) The Water Resources Division shall review at least every two (2) years the financial management system that
will accurately account for the sewage contribution of users and user classes, revenue and expenditure by 0
(Supp. No. 79)
CrMttd; 2023-10-27 1»;51;54 [EST]
Page 71 of 122
Exhibit A
Resolution 13658
Page 71 of 122
& M and capital accbunts for the total costs of operation and maintenance of the POTW, and It's approved
user charge.system.
The Water Resources Division shall revise the charges for users or user classes to accomplish the following:
(1)
Maintain the proportionate distributipn of operation and maintenance costs among users and user
classes as required herein;
(2)
Generate suffideni revenue to pay the total operation and maintenance costs necessary to the proper
operation and maintenance (Including replacement] of the POTW; and
(3)
Apply excess revenues colleaed from a class of users to the costs of operation arid maintenance
attributable to that class for the next year and adjust the rate accordingly.
The.CI^ shall maintain an accounting system that will maintain separate revenue and expenditure
funds br sewage operation and maintenance and all other sewage funds. The operatlori and
maintenance fund shall have two (2) accounts, one (1) for operatlon.and maintenance and one (1) for
replacement
Each user will be notified at least annually, in corijunction with a regular bill, of the sewer user charge
rate and that portion of the bill attributable to operation, maintenance and replacement costs for
sevyer service. The sewer user charge system as set forth In this article shall take precedence over ariy
terms or conditions of agreements or contracts between the City and users which are Inconsistent yvith
the requirements of Public Law 95-217 and federal regulations issued pursuant thereto.
(g)
There shall be charged the following sewer user charge for customers receiving City Sewer service Iristde the
limits of the City. These sewer charges shall be Imposed on all properties connected to the sewer or where
the sewer is available commencing on the date of original occupancy or after final clearance where water Is
being provided and will continue whether property Is occupied or unoccupied. Charges for first and final bills
with billing periods more or less than one-(l) month shall be prorated.
(h)
The division director shall have the authority to address proratlon of blllingdays across tiers.
(I) The division director may authorize credits for paperless or other automated billing methods as an incentive
to reduce the Division's billing costs.
(1) Effective J uly 1,3035-^26, user charges, based on in-building water use, are;
Charge per 1,000 Gallons
User Classes/Classifitatlons/Categoiy
User
Code
O&M
Capital &
Other
Total
Single-Fa rhllyResIdential
11
$1431.47
$«31.79
$3453.26
Multi-Family Residential
12
$1431.47
$1431.79
$3453.26
Commercial without dining
21
$1431.47
$14^.79
$3463.26
CommerdalWithdlriing
22
$3462.34
$3462.86
$5435.20
Hotels, motels withoutdining
23
$i43l.47
$1431.79
$3453.26
Hotels, motels with dining
24
$346^.34
$^2.86
$6435.20
Carwashes
25
$1431.47
$1431.79
$3453.26
Commercial Laundry
26
$1451.91
$3482.36
$443]1.27
Laundromats
28
$4431.47
$1431.79
$3453.26
Metal Platers
29
$1431.68
$1432.04
$34^.72
Restaurants, Bakeries
30
$3443.15
$343:3.86
$643?.01
Service station auto repair
32
$lr^l.48
$1441.80
$3433.28
(Supp. No; 79)
Creited; 2023-18-27 ie;51:54 [EST]
Page 72 of 122
Exhibit A
Resolution 13658
Page 72 of 122
Medical Institutes
40
$4,431.47
$4J31.79
$3,45^.26
Schools
50
$4,431.47
$4,331.79
$3,45^.26
Non eonnpllant
99
See below
See below
See below
Non-Cpmpllant: Once a customer Is designated as non-compllant, the then current O & M arid Other Charges
will be adjusted by one hundred fifty (150) percent for a minimum period of six (6) months.
Dump Stations will be designated as Slngie4=amlly Residential with a minimum monthly volume of 2,000
gallons per customer. Dump Stations will also be subject to pretreatment charges and fees.
(2)
Non-uniform discharger, large volume and Industrial user charges shall provide for a customized user
rate wh|ch will reflect variations In discharge quality and quantity and recover the cost of rendering
sanitary sewer service forthe year during which charges shaji be In effect.
(3)
In addition to O & M user Charges and other charges, all sewer users shall pay a base fee for all
customer classes as follows;
Meter She
Base Fee
!4lnch
$fe3C!$.49
?<lnch
$8,303.49
linch
$8,3^.49
l;51nch
$49,3050.92
2 Inch
$444,80118.82
3 Inch
$447,60152.77
4 Inch
$2463lffi23.97
6 Inch
$440^0424.35
8lnch
$574,00594.09
For wastewater customers not served by the City's municipal water systemand where customer Information
Is not provided by the utility providing such water service, the City will assume s one-inch meter for
residential customers. For Commercial/Industrial and Non-fiesidentlal users, the Water Resources Division
will estimate the rneter size based upon similar sized Qjrnmerclal/lndustrlal and Non-Residentlal customers
In the sairie user class as determined by the division.
(1) All customers located outside the Qty limits who are provided sewer service by the City shall pay at a rate
determined by the Water Resources Division and approved by the city council.
(1) For the Town of Parad ise Valley, the Initial ra te shall be established by esUrtiatlng the total charge
which would be paid to the City If all users were located within the Oty. The base user charge payable
monthly by the town shall be computed as follows:
(I)
For Single-Family residential and Multi-Family residential town systerri users, the charge shall be
as specified In subpara^aph 4^141(j)(l); in addition tottie base rate, town system users will be
charged a fee for extra collection maintenance as specifled In subparagraph 49-141(h)(3) below,
and
(II)
For Corrimerclal/lndustrlal and Non-ResldenUa| town system users, the charge shall be based
upon the charges paid by slnhilar users located within the City as specified .In subparagraph 49-
141(I)(2). In addition to the base rate, town system users wlll be charged a fee for extra collection
maintenance as specified In subparagraph 49-141(h)|3} below.
Cl^«ttd; 2023-10-27 10:51:54 [EST]
(Supp. No. 79)
Page 73 of 122
Exhibit A
Resolution 13658
Page 73 of 122
(2)
For all others. If the customer fits Into a standard classification as llsted.ln subsection (I), the ba^ rate
shall be tfie tojal sewer rate charged the same classification Inside the City. If the outside City
customer's sewage has flow or stren^ characteristics which vary from the in Qty customer, the City
shall assign the customer to a subclass. In this case the Inside aty rate shall be multiplied by a
proportloriallty constant with accounts for the varying waste characteristic. This modified rate shall
then be the base rate.
(3)
If the outside City customer's collection system Is more expensive to maintain than the in City
customer's, due to factors such as longer travel distances or other collection system characteristics, the
extra costs, as determined by the City, shall be recoyered by the City, adding an extra cbllectipn
malrrtenance char^ of up to fifteen (15) percent applied to the base rate, 0 & lyi.and crapltal charge as
described above, unless otherwise prohibited by law. For tovyn system users located within the Town
of Paradise Valley, the extra char^ shall be ten (10) percent of the charge computed in subparagraph
4?-Wl{h)(i)afove.
(4)
If the outside City customers elect.to participate In orderly expanslon of treatment fecilltles with the
City by the use of sewer,fees, the City with the City piuncil's approval, may allow such use cif die sewer
fee.
(I) The tWater Resources Division shall establish sewer user charges and rates based upon the
following classes:
User
Code
User Classes/
gassIflcadons/Category
.11
Single-Family residential
12
Multi-Family residential
21
Commercial without dining: General offices, retail stores (npnfcxxl), markets (no food
service), warehousing/ light manufacturing, bars (no food service), public building,
churches, clubs, lodges (no food service), medical offices, and veterinary offices
22
23
24
Commercial with dining:. Any of the above that have dining facilities or bakery
Hotels, motels, boarding or rooming houses without dining facilities
Hotels, motels, boarding or rooming houses with dining facilities
25
26
28
29
30
32
40
Carwashes
commercial laundries
Laundromats
Metal platers
Restaurants, bakeries
Service stations, garages, auto dealers, auto repair
Medical Institutions.
1) Hospitals
2) Nursing homes
SO
Schools
6b
Non-uniform discharger, large volume and Industrial process waste discharger
99
Non-COmpllant
For any rnixed use development: 1) If the deyeloprnentcontelnsnofOod service establishments, then the
development shall be categorized based upon the seiwer concentration user classification. 2) If the development,
contains food service establishments, then: a] If less than twenty-five (25) percent of the concentration of the
development is attributable to food service establishments, the development will be categorized as oommerctal
vifithout dining; b) if the concentration of the development attributable to food service establishments |s between
(Supp.No.79)
Creited; 2e23-10:i71»;51;54 (ESTl
Page 74 of 122
Exhibit A
Resolution 13658
Page 74 of 122
twenty-five (25) percent arid seventy-five (75) percent, the development will be categorized as commercial with
dlnlng;and c) if the ooriceritration of the developmerrt attributable to food service establishments exceed seventy-
five (75) percent, the development shall be categorized as a restaurant
In no event will the development be categorized higher than the highest user classification concentrafori
present In the mixed use development
The Water Resources Division may assign users to one (1) of the classes or subclasses above. The division
shall es:tabllsh subdasses as appropriate or necessary for. effectively distributing costs among user classes. A
customer may appeal any Classification decision rnade by the city under this subsection by filing a sewer
classification appeal form With the division within ten (10) days after the date of the classification decision.
Supporting documentation for reclassification must be preapproved by the division prior to analysis. Supporting
documentation may Include substantial engineering data and/or laboratory analysis reports submitted at the
customer's expense. TTie division may establish a fee to recover the ai^al cost of Investigating a sewer
classification dispute and the fee is due when the appeal Is submitted. A Sewer classification appeal form can be
obtained by contacting the division. The appeal shall be heard by the division director. The appeal will be Informal
and will not be subject to the Rules of Evidence. Testimony will not be taken under oath and subpoenas for the
productionof evidence or witnesses will not be Issued. The decision of the division director shall be final.
(k) The determination of sewage quantity shall be as follows:
(1)
For Single-Family.residential and Multi-Family residential customers, quantity will be measured by a
determination of the In-bullding water use. The In-building water use shall be detemriined by the Water
Resources Divislori for each residential account by taking ninety (90) percept of the accounts' average
winter water consumption for December, January, and Febitia'ry of the prior fiscal year. When two (2)
or more residential users share a water meter In common. It will be the responsibility of those
residential users sharing the common meter to share the costs among themselves.
If the Wafer Resources Division determines that adequate water meter IhfortfiatioiiTs not available for
bllllnga residential customer as described above, the customer will be.charged a bill estimated on the
basis of in-bullding water used by a similar sized residential or multi-family residential customer In the
same user class as determined by the division.
(2)
For Cpnimerclal/lndlistrlal and .Non-Resideritial users, quantity will be measured by a detemninatlon of
the In^juilding water use. The In-bullding water use shall be determined by the Water Resources
Division for each Commercial/Industrial and'Non-ResIdential user by taking ninety (90) percent of the
account's average winter water consumption for December, January, and February of the prior fiscal
year. When twO (2) or more Commerclal/lndustrlal and NornResidentlal users share a water meter In
common, the service charge will be billed at.the regular rate to the user billed by the water supplier. It
shall be the responsibility ofthe users sharing the water meter to share the costs among themselves. In
cases where the division determines that a sewer user's discharge pattern Is too erratic, the division
may authorize a rate based on a metered water use, modified by the appropriate outside use factors,
instead of a single inrbullding water use determination.
If the Water Resources Division determines that adequate water meter Information Is not available for
billing a Commercial/Industrial and Non-Residential customer as described above, the customer will be
charged a bill estimated on the basis of Iri-bulldlng water used by a.simllar sized Commercial/Industrial
and ,Non-ResldentIal customer In the same user class as determined by the division.
(3)
For Industrial and large volume users, quantity will be metered as it enters the POTW. Installation of
metering facilities will be approved as to numberi size.and location by the Water Resources Division.
The costs of Installation and annual Calibration shall be the user's responsibility. Results of calibration
shall be reported In Writing to the division. The division shall furnish a list of licensed mariufacturers
and equipment testers capable and approved to perform this senrice, and their reports will be
Created; 2U3-ie-27'lS:51:S4 [E5T]
(Supp. No. 79)
Page 75 of 122
Exhibit A
Resolution 13658
Page 75 of 122
accepted by the division. The billings will also be adjusted where It can be estimated through past
records, the amounts either over or under actual flows which were billed.
Each Industrial and large volume user customer will be considered as a separate user dass and the
Water Resources Division shall determine the individual factors to be applied to the monthly water
meter reading to determine sewage flow.
To determine the monthly sewage flow, annual checks of these factors will be made and. If necessary,
the factors will be changed annually.
For wastewater customers not se|v^ by the City's rriunicipal water system where customer use
Informatlpn Is not provided by the utility providing water service, the customer will be charged a
wastewater volume based on the estimate of the in-bullding water used by a similar customer In the
same user dass, as will be determined by the division.
(4) Upon approval of the Water Respufoes Dlylsldn, Industrial and large volume u^rs may, at their own
expense and subject to the regulations of the division. Install a separate rnetef In order to determine
the quantity of water actually entering the sewer system and future sewer charges shall be limited to
that water actually entering the POTW as so determined by the division.
(l)
A customer may appeal a sewer charge determination made by the City under this subsection by filing a
"Water Resources Sewer Charge Adjustrhent Request" with the Water Resources Division on or before
August 31 of each year, A customer appealing a sewer charge determination must declare on the sewer
adjustment request water use for pool refills or due to leaks^what. If the division determines that a
significant amount of water use was for pool refills or due to leaks, appropriate sewer billing adjustments will
be made, subject to the limitations specified In section 49-145.
In the event that an adjustinent Is necessary to a water billing due to a reading error, malfunctioning meter
or other Just cause as determined by the division and sewer user charges ware based on the unadjusted
consumption, the division shall adjust the sewer user charge to oorrespOnd to the adjusted water
consumption. The appeal shall be heard by the division director. The appeal will be Informal and will not be
subject to the Rules of Evidence. Testimony will not be taken under oath and subpoenas for the production
of evidence or witnesses will not be Issued. The decision of the division director shall be final.
Water Resources sewer adjustment forms will not be accepted after August 31 for the current year.
(m) A proportionate charge shall be made to all users that discharge sewage, either directly or Indirectly, Into the
POTW. Such charges shall be based on the rate schedules issued pursuant to the above subsections. In
addition, each user which discharges any toxic poljutarits which cause an increase in the cost Of managing
the effluent or the sludge of the POTW shall pay for such Increased costs.
(n)
All Single-family and Multi-Family residential users will be assessed as having sewage of normal strength.
Quality will be monitored for this class to determine sanitary waste strength. Quality will be monitored
wherever a unique situation Is found to ^st For all other users, surcharges for Industrial loadings will be
determined through testing and Sampling procedures. The Water Resources division shall monitor large
users and Industrial quality through a sampling program for all large users and Industrial users. Certified
statements from users will be utilized to supplement the data and In settling any differences In the estimated
strength allowable to that user, where It Is so desired. Test sampling will be made by direct sampling utilizing
recognized field techniques. If the division determines that the standard BOD test is not representative of a
particular user, a TOC or COD test may be substituted.
Any change In the processes employed by a user contributing Industrial wastes which results tn a variation of
more than twentyrfh/e (’25) percent in one (1) or rnore of the effluent loading concentrations shall be reported to
the Water Retources.DIvIsIon within thirty (30) days of the chahge. If It is determined through testing that a
significant variation exists between user's certified data and.the discharge characteristics monitored by the
division, the division may adjustthe sewer use charge based on the monitored data from the original date of
(Supp. No. 79)
Crated: 2»23-l»:j;:18:51:54 [E5T]
Page 76 Of 122
Exhibit A
Resolution 13658
Page 76 of 122
certification, unless written oommunicatipn has occurred notifying the division of changes in loading and giving
specific dates of changes.
Where sampling and gauging of a specific user Is not practical for physical, economic, safety or other reasons,
the Water Resources Division may designate values for. concentrations of the wastes discharged into the PQTW for
all users in the,same standard Industrial classification or sui^asslflcatlon.
Additionally, applicable privilege and other taxes will be added to any charges for this section.
Sec. 49-142. Application for domestic sewer service for an existing unit of service.
(a) This section shall not apply to sewer usefsTocated within theTown of Paradise Valley-
lb)
Before establishing domestic sewer sen/ice to an existing urilt of service, the user thereof shall make
application for service to the City, the application shall set forth:
(ij User's name, address, telephone number and sodai security number.
(2)
Name, address, telephone number of petson responsible fof water bllllng.lf Other than user.
(3)
Name, address, telephone number of property owner,
(4)
The Official street address assigned to the property.
(5)
Such other Information as,the department director of business services may deern necessary for the
pufpoK of billing and collection.
(c)
Domestic sewer service shall not be established to any property unless the application is completed and all
chargesagainst the property of any nature whatsoever due and payable totheOty underany City ordinance
have been paid. This Includes any deposits that may apply.
(d)
Any delinquent amounts owing on existing or prior accounts must be paid when a property owner or tenant
applies to open another service account. Fdlure to pay the delinquent amount owing on a prior account or
accounts constitutes grounds for the City to refuse new service.
(e)
In the event that service at a new location Is Initiated prior to, the preparation of a current billing statement
for another City account held by the same person or persons or becomes delinquent after tiie Initiation of
service at the new location, the amount due or delinquent shall be added to the amount due on the new
account In the event that foe account holder or holders .fall(s).to pay In full both the foansferr^ amount and
the present charges by the delinquent date of foe statement on whlfo the transferred amount appears,
sentice.on the new accountshall be subject to termination in accordance with section 49^148, below.
(f)
Domestic sewer account holders shall notify the City of.any change In mailing address, occupancy, or
ownership within fifteen (15) days after such change occurs. Failure to contact the City may result in
penaltiespr late charges which shall be the responsibility of the account holders.
Notwithstanding any of the fees specified Ih this section, nothing shall prohibit the City from charging the
property owner, account holder, or potential account holder, the actual cost to perform the accOunt updates. In all
such cases the person requesting service shall receive itemized billing for any amounts due above any service
charge paid pursuant to this section.
(g)
|n the absence of a request by the pre^erty owner to dp,so, the customensen/lce department shall place a
service account in foe property owner's namewhen it Is known or reasonable to believe that a teiaant of the
property, or other person previously receiving service. Is no longer receiving service.
(Supp. No. 79)
Cr«*te(i; 2m3-l»,27 W;5l:M [ESTJ
Page 77 of 122
Exhibit A
Resolution 13658
Page 77 of 122
Stc. 49-142.2. Administrative account establishment fee.
(a)
This sertpn shall not apply to sewef usetsTpcated within the Tpwp of Paradise Valley.
(b)
Each sewer user shall be assessed an adhilnlstrative account establishment fee of twelve dollars ($12:00) at
the time of application for sewer service. This fee shall be charged on the first statement for service. The fee
shall be due and payable In accordance with section '49-144.
(c)
In the absence of a requKt by the property owner to do so, the customer sen/lce department may place a
sen/lce account In the property owner's name when It Is known or reasonable to believe that a tenant of the
property, or other person previously receMng service. Is no longer receiving service.
Sec. 49-143. Deposits.
(a)
This section shall not apply to the Town of Paradise Valley.
(b)
Deposits shall be required of all users who are not served by City water, except as otherwise provided by this
section. The required deposit shall be.billed and paid as a part of the first monthly utility bill. The deposit
shair be in, accordance with, either subsection (c) or (d) of this section, as applicable. Failure to pay the
required deposit on or before the delinquency date for the first monthly utility bill may result in the
Imrnedlate termination of service as provided In section 49-148.
(c)
If a one-year billing history is available, and the,type ofuse Is the same or Similar, the deposit will be equal to
the average two-month charge.
(d)
if a one-year billing history Is unavailable, the deposit will be.equal to the annual ayerag^ two-mpnth.charge
based on standard industrial codes (SIC) as established by the City for the same or similar property uses;
(e)
Deposits shall not be required of tenant account holders, who have: (1) previously had service accounts with
the City of Scottsdaie for a period of at least tvyeh/e (12) months, within the'^nty-fpur (24) month period
Immediately preceding the application for new service, arid (2) had nP more than two (2) payment
delinquencies within the most recent twelvermonth (12) period,of sen/lce. "Payment delinquency" means
that the City has not received a required payment in a tinnely manner, resulting In an outstanding balance
being shown oh the next billing. Prior service under thissubsectiohmay be established either by records
malntalried by the City or provided by the applicant
(f)
Deposits shall rtot.be required at the time of application for a service account from Single-Family residential
property owners who provide adequate proof of ownership as determined ,by the department director of
business services. However, upon default of the payment by tite property owner for any-sewer service or
Other City utility services received, a deposit pursuant to toe applicable schedule shall be required for all
premises owned by.toe property owner served by City utilities where the property owner Is bejrtg billed for
theUtHities,
(g)
Required deposits bearing no Iritereit shall be held by the City.Tf the userls utility bills remain curreht for
twelve (12) consecutive months; the amountof the deposit shall be credited to toe first billing followingthe
twelve (12) month period, or the deposit shall be CTedited to the account holders final bill, whichever comes
sooner.
(h)
The division director may authorize credits as an inberitive to reduce division billing costs;
Stc. 49-144. Reserved.
CrMted; ffl23-W-27 l»;51:54 [EST]
(Supp.No.79)
Page 78 of 122
Exhibit A
Resolution 13658
Page 78 of 122
Sec. 49-145. Limitation on adjustments.
Adjustmentofamquntsxpwed of credits due under this article shall be limited tb a period of three (3) years
from the date of the most recent billing by the City, However, the division director may extend the period when
necessary to ensure that charges for sewage service are Just and reasonable In conformity with state statutes.
Sec. 49-146. Assessment of late charges.
This section shall notapply to sewer users within the Town of Paradise Valley.
A late charge shall be assessed on any unpaid balance for charges made pursuant to this.article In.accordance
with the provisions of section 49^3.1.
Sec. 49-147. Reserved.
Sec. 49-148. Billing; termination of service; hearing; lien for unpaid charges.
(a)
This section shall notapply to sewer users located within the Town of Paradise Valley.
(b)
For all other delinquent accounts, the provisions of section 49-54 of this Chapter shall be applicable to the
user rates and charges set forth I" the Division 3.
(c)
In the event thatsewer services are terminated pursuant to this subsectipn> the account holder shall pay a
charge of fivb hundred dollars ($500.00), together with any other charges which are due and owing to the
City under any City ordinance, prior to the re-establlshment of sewer service. Notwithstanding ary of the
fees specified In this section, nothing shall prohiblt the City from charging the property owner, account
holder, or potential account holder, the actual cost to terminate services. Ip all such cases the person
requestingsenriceshaji receive itemized billing fbr any.ambuntsdue aboveany service charge paid pursuant
to this section.
Sec. 49-149. Other collection remedies.
(a)
Any charges Imposed by this artide, if not paid by the due date specified In section 49^52 may also be
collected by a civil action. Instituted In the name of the dty by toe City Attorney at the request of the Cl^at
any time after the charge becomes delinquent, notwithstanding any other provisions to the contrary.
(b)
In addition to the late charges specified In section 49rl46, the City may recover all costs of litigation and
collection Induding a reasonable attorney's fee.
(c)
The Cl^ may assign late charges to a bona fide collection agenry for collection.
(d)
The remedies provided by this section shall be cumulative and supplemental to otherremedies provided by
provisions of this article.
Sec. 49-150. Pay stations.
The City may designate certain private establishments as authorized City sewer servIbeS payment stations, in
the capacity,of limited agents, for the purpose of coHectlng any such charges. Payment stations so designated Shall
be required to perform pay station functions in accordance with rules and regulations Issued by the City and shall
be paid a collection fee, to be established by mutual agreement; for the faithful performance of these functions.
Crested; JM3-10-27 ie;51;54 [EST]
(Supp. No. 79)
Page 79 of 122
Exhibit A
Resolution 13658
Page 79 of 122
Secs. 49-151—49-160. Reserved.
DIVISION 4. INDUSTRIAL USERS, PRETREATMENT REQUIREMENTS^
Sec. 49-161i General Iridustrlal user requirements;
(a)
General Prohibitions. No user shall introduce or cause to be.Introduced. directly or Indirectly^ Into the POTW
any pollutant or wastewater which causes pass through or Interference, these general prohibitions and the
specific prohlblUbns In paragraph (b) of this se'ctfori apply to all users of the POTW, regardless of whether ,the
user is subject to any national, state, or local pretfeatrneht staridards or requirements.
(b)
Specific Prohibitions: No user shall Introduce or cause to be Introduced Into the POTW the following
pollutants, substances, or wastewater;
(1)
Pollutants Which create a fire orexplosibn hazard in the POTW, induding, but hot limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees F (60 degrees Celsius) using the test
methods spedfied In 40 CFR § 261.21;
(2)
Wastewater having a pH of less than 5.0 or more than 10;5 or ttet otherwise cautes corrosive
structural damage to the POTW or equipment;
(3)
Solid or viscous pollutants, fats, oils, or grease in amounts or sizes which will cause.obstructlon of the
flow in the POTW or result In Interference or otherwise disrupt the operation of the POTW or any
private sewer;
(4)
Any pollutants. Including oxygen-demanding pollutants (e.g., BOD), released In a discharge ata flow
rate and/or pollutant concentration which, either alone or by interaction with other polluterits, will
cause Interference with the POTW;
(5)
Heat In amounts which will inhibit biological activity, in the POTW resulting In Interference, but In ho
everit heat In such quantities that the temperature at a POTW exceeds 104 degrees Fahrenheit (40
degrees Celsius) or any wastewater at a temperature greater than ISO degrees Fahrenheit (65 degrees
Celsius);
^Editor’s note(s)-Ord. No. 4134, § l(Res. No. 9629, Exh. A, § 3), adopted June 17, 2014, amended Div. 4 In Its
entirety. In effect repealing and reenacting said division to read as set out herein. The former Div..4, § § 49-
161-49-167, pertained to similar subject matter and ,derived from Ord. Np. 2623, § 2, adopted Dec. 20,
1993; Ord. Na 2781, § 5, adopted June 5, ,1995; Ofd. NO. 3586, § 1, adbpted Sept. 21,2004; Ord,. No. 4007, §
l(Res. No. 9374, Exh. A § 1), adbpted May l4,2013; and Ord; No 4147, § l(Res. No. 9706, § 1), adbpted May
13,2014.
Sections 3 and 4 of Ord. No,-4134 state; the prbvisibns contained In;§ § 49-91,49-99, 49-161-49-167, and
49-181—49-185 repealed by this ordinance will cbntinue In foil force arid effect until August 1,2014, but as
of August 1, 2014, ^ose provisions shall be considered repealed. However;
(a) all violations of the repealed provisions which occur before their repeal may be fully prosecuted;
(b) all permits f^ued under the repeajed proyisibns shall rerrlaln valid for their stated tenn unless sooner
terminated or amended pursuant to new sections 49-165 through.49-169 as adbpted by-^ls ordinance. The
discharge prohibitions and limitations contained in new sections 49-161 through 49-163 will apply to a|l
existing permits and users as of August 1, 2014. Except as provided above, the effective dateof the
ordinance Is July 17, 2014.
Cruted: 2e23-ie;27
[EST]
(Supp.No.79)
Page 80 of 122
Exhibit A
Resolution 13658
Page 80 of 122
(6)
Petroleum dl, npnblodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or pass through;
(7)
Pollutants which result In the presence of toxic gases, vapors, or fumes within the TOTW in a quantity
that may presentan acute risk to worker health and safety or preverrt entry Into the sewers for
maintenance, repair, sampling, or monlfoflng;
(8)
Any trucked or hauled pollutants, unless the hauler has first obtained written approval from the
division.
(?) Hazardous waste thatvlolates any local llrhlt.contalned In this article;
(10) Any of the following prohibited substances:
a. '
4,4‘-DDE
b.
4,4' - DDT
Aldrin
BHG-Alpha.
BHC-Beta.
BHC—Gamma (Lindane),
g.
Heptachlor.
h.
Heplachlprepoxide,
I. Polychlorinated biphenyl compoutids (PCBs).
(11) Any wastewater which exceeds the following limits for the following substances:
c.
d.
e.
f.
Benzene
Chloroform
35ug/l
2000Mg/l
Grab
Grab
= rnicrpgrams per liter
(12) Noxious or malodorous liquids, gases, solids, or other wastewater which either alorie or by lnteractibn
with other wastes are sufficient to create a nuisance or a hazard to life, generate odor complaints, cjr to
prevent entry Into the sewers for maintenance or repair;
(13) Wastewater contalnlrrg any radioactive wastes or Isotopes except In cornpllance with applicable state
or federal regulations;
(14) Stomiwater, surface water, ground water, artesian well water, rcxrf runoff, subsurface drainage,
condensate, noncontact cooling water, and unpolluted wastewater unless spedfically authorized by
thedivislon.
(15) , Sludges, screenings, and ottier residues from the pretreatmeht of Industrial wastes or from the
cleaning of interceptors or sewer collection systems;
(16) Medical wastes except as specifically authorized by the division In a wastewater discharge permit;
(17) Wastewater causing, alone Or In conjunction with other sources, the POTW's effluent to fal| a toxicity
test;
(Supp.No.79)
Created: 2e23-10~27 18:51:54 CEST]
Page 81 Of 122
Exhibit A
Resolution 13658
Page 81 of 122
(18) Detergents, surface active agents, or other substances which might cause excessive foaming in the
POTW;or
(19) Wastewater causing a reading on an explosion hazard meter at the point of discharge Into the POTW,
or at any point In the POTW, of mpre than ten (10) percent of the Lower Explosive Limit of the meter.
(c)
National Categorical Pretreatment Standards. Users must comply with the applicable categorical
pretreatment standards under 40 CFR § 403.6 and 40 CFR chapter I, subchapter N, Parts 405-471 which are
hereby Incorporated by this reference.
(1)
Where a categorical pretreatmerit standard Is expressed only in terms of either the mass or
concentration of a pollutant In wastewater, the division rriay Impose equivalent concentratloris or mass
limits in accordance with 40 CFR § 403.6(c).
(2)
When wastewater subjett to a categorical pretreatment standard Is mixed with wastewater not
regulated by the sarhe staridard, the division shall Irnppse an alternative limit In accordance with 40
CFR § 403.6(e) or require the user to take other steps as riecessaiy to allow the User and the Qty to
determine compliance with the applicable standards.
(3)
A user may obtain a net/gross adjustment to a pategorjcal pretreatment standard In accordance with
40 CFR §403.15.
(d)
Local Limits and Pretreatment Standards.
(1)
The division Is authorized to establish local limits pursuant to 40 CFR § 403.5(c) and the IGA.
(2)
The following pollutant limits are established to protect against pass through or interference and to
implement provisions of this article. No user shall discharge wastewater that exceeds the folipwing
limits at anytime for any length of time:
Parameter
Dally Ma
I Umltl‘)or Imtantaneous Umit
Arsenic
0.13 mg/I
Cadmium
0.047 mg/I
Copper
1.5 mg/I
Cyanide
2.0 mg/I
Lead
0.41 rhg/l
Mercury
0.0023 mg/I
selenium
0.10 mg/I
Silver
I.2.mg/I
Zinc
3.5ma/l
blAII pollutants are to be analyzed as Total.
(3)
The division may develop Best Management Practices (BMPs) for any significant Industrial user or other
user, as needed, to Implement this article. BMPs may be Irnplemented through a permit, order, or
regulation. For purposes of this article, BMPs are pretreatment requirements;
(4)
All users subject to a categorical pretreatment standard shall comply with all requirements of such
standard, and shall also comply with any limitations and prohibitions contained In this article. Where
the saine pollutant Is limited by more than one pretreatment standard, the lirniiations which are more
stringent shall prevail. Compliance with categorical pretreatment standards for existing sources shall
be within the timeframe specified In the applicable categorical pretreatmerit standard. Compliance
with categorical pretreatment standards for new sources shall be upon commencement of discharge.
Creited: 2823-10-27
[ESTJ
(Supp. No. 79)
Page 82 of 122
Exhibit A
Resolution 13658
Page 82 of 122
(5) The division may establish fnbre strlh^ht pretreatment standards,or additional slte-spedflc effluent!
limits, \wheh,.ln the judgment of the division; such limitations are necessary to Implement the
objectives of this article.
(e)
Authority of division director to establish prohibitions and effluent limits.
(1) In addition to the prohibitions, standards, and effluent limits outlined Iri this section, the division director
Is authorized to:
(I) Establish limits for Individual users or a class of users for various pollutants; materials, waters, or wastes
that can be accepted Into the ^wer systemj and
(II) Specify those, pollutants, materials, waters, or wastes that are prohibited from entering the sewer
system.
(2) All prohibitlors and effluent llm|ts so established wljl be published by the division and placed on the Water
Resources Dlvtslon webs|te and will be enforceable 30 days after the date posting.
(3) All affected Individual users or dass pf users must comply with the prohibitions and effluent, limits
established pursuant to this section.
(f)
Mop Based Limitations: The division may Impose mass limitatlons on Industrial users through Industrial
wastewater discharge permits where hot prohibited by categorical pfetreatmeht standards, and which are
using flow equalization to meet applicable federal, state, or City pretreatment standards or requirements, or
In other cases yvhere the imposition Of mass lirriltatlons are appropriate. The division may establish
equivalent mass limits only If Industrial users satisfy all Oondltlons:set forth In 40:CER 403.6(c)(5)(i)(A)
through (c){5)(l)(E). In such cases; the wastewater discharge permit will contain the mass allpcatfon for each
pollutant, any concentration-based categorical standards, maxlmum flow allowed, and the appropriate
monitoring and reporting requirements. Where mass limits have been established, the reports required by
sections 49-167(cj and (d) shall also Indicate the mass of limited pollutants in the user’s \mstewater. These
reports shall also contain the rbsults.of sampling and analysis of the discharge. Including production arid
mass of pollutants contained therein vvhich are limited by the applicable pretreatmeht standards and
requirements.
(g)
Dilution, tio usersh^ll ever Increase the use of process vvater or Iri any vvay attempt to dilute a discharge as a
partial Or complete substitute fpr adequate treatment to achieve compliance with ariy discharge limitation
unless expressly authorized by an applicable pretreatment standard or requirement. The division may
impose mass limitations and flow limitations on users-who are using dilution to meet applicable
pretreatment standards or requirements or in other cases when the imposition of nrtass limitations and flow
limitations are appropriate.
(h)
Point of Discharge: Prohibitions.
(1)
No person shall discharge any substance directly into a manhole or other opening Into the POTW
Unless specifically authorized by the division or as otherwise permitted under this article;
(2)
Liquid wastes from chemical toilets originating from campers, trailers and other recreational vehicles
which have been collected and/or held In tanks or other containers shall not be dlscharged lntp the
POtw except at locations authorized by the division to collect such w/astes vyithin the City,
(3)
No person shall discharge of dispose pT wastes Into the POTW Where siiCh wasfes have been cpl|ected
and/pr held In.a tank or Other container and.where such wastes fall to comply with any limitation set
out In this article.
(I) Tampering Prohibition.
(&pp. No. 79)
Cr««ted: 2ejJ-l»-Z7 10:51:54 [ESTJ
Page 83 of 122
Exhibit A
Resolution 13658
Page 83 of 122
(1)
No person shall tamper with, damage, or destroy any monitoring or sampling equipment with, the
knowledge or intention of altering the sarhpling analysis or readings or causing damage to such
equipment being used to determine compliance with this article.
(2)
No person shall tamper with a manhole or enter ariy City manhole without specific authorization from
theCIty.
(3)
No person shall tamper with any pretreatment device. Including, but not limited to, any unauthorized
alteration of the original equipment or Its design, any discharge of waste Into the pretreatment device
from any source other than as originally Intended, or the removal of an originally Intended source of
discharge frpni the pretreatmenf device.
Sec. 49-162. Pretreatment of wastewater.
(a)
Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this article
and shall achieve compliance with all pretreatment standards and requirements set out In this article within
the most stringent tlmellniltations specified by EPA, the state, or the division. Users shall provide and
properly operate and rhalntain all prefreatment equipment and facilities at their own expense. Users,shall
submit to the division detailed plans describing such pretreatment facilities and operating procedures prior
to construction or operation. The division's review of such plans and operating procedures shall In no way
relieve the users from the responsibility of modifying such facilities as.necessafy to produce a discharge
acceptable to the City under the provisions of this article. Any subsequerit modifications to such
pretreatment focllities or operating procedures shall only be made In compliance with this article.
(b)
Additional Pretreatment Measures.
(1)
The division may require users to restrict their discharges during peak flovy periods, designate that
certain wastewater be discharged only Into specified sewers, relocate and/or consolidate points of
discharge, separate sewage wastestreams from industrial wastestreams, or implement such other
measures as may be necessary to protect the POTW and demonstrate the users' compliance with the
requirements of this article.
(2)
The division may require any users to Install and maintain on their premises and at their sole expense,
suitable storage and flow-control equipment to ensure equalization of flow, the division may Issue a
wastewater discharge permit solely for flow equalization.
(3)
The division may require users with the potential to discharge flamrhable substances to install and
maintain approved combustible gas detection meters.
(c)
Monitoring Equipment
(1)
The division may require users of any pretreatment facility to install at their sole expense suitable
monitoring equipment vi/hich shall measure and facilitate accurate and representative observation and
sampling of any discharges In order to demonstrate compliance with this article.
(2)
The monitoring equipment shall be placed atan outdoor location on the user's premises. The division.
In Its discretion, may approve the placemenit of monitoring equipment at alternative locations.
(3)
When different operations of a single user produce significantly different wastewater constituents or
characteristics, the division may require the user to install separate bulldlngsewers and monitoring
equipment. When more than one user discharges Into a common bullding.sewer, the division may
require each user to Install separate monitoring equipment Users have ongoing obligations to
maintain all monitoring equipment In proper working order and to assure such equipment Is safe and
readily accessible by the user and the division.
(Supp.No.79)
Creited: 2e23-18;27 19;51;54 [EST]
Page 84 of 122
Exhibit A
Resolution 13658
Page 84 of 122
(4)
All monitoring equipment shall be constructed In accordance with the division's requirements and all
applicable construction standards and specifications.
(5)
Users shall provide and maintain all devices to measure wastewater flow and quality and shall calibrate
the devices according to the manufacturers' recommendations to ensure accura<^.
(d) Accidental Discharge/Slug Discharge Control Plans.
(1)
Each user shall, at Its sole eitpense. Implement measures and provide and maintain facilities necessary
to prevent the accidental discharge or slug loads of pollutants regulated under this article.
(2)
The division shall evaluate whether an SlU requires an accidental discharge/slug dlschar^ control plan
or other measures to control slug discharges. The division may require any user to develop, submit for
approval, and Implement a slug control plan or take such other action that may be necessary to control
slug discharges. The division may establish specific requirements and conditions to prevent accidental
or slug discharges for any user.
(3)
An accidental discharge/slug discharge control plan shall include, at a minimum, the following:
|i)
Detailed plans (schema tics) showing fadlity layout and plumbing representative of operating
procedures and conditions;
(li) Description of contents and volumes of any process tanks;
(ill) Description of discharge practices, including non-routine batch discharges;
(hf) List of stored chemicals, including iocation> voiumes, and spili prevention measures employed;
(v)
Procedures for Immediately notifying the division of any accidental or slug dlschar^, as required
by section 49-167(f). In the case of an accidental or slug discharge, the user Is responsible for
complying with the reporting requirements set forth in section 49-167(f).
(vl) A notice permanently posted on the,user's bulletin board or other prominent place advising
employees of notification instructions In the event of an accidental or slug discharge. Employers
shall ensure that all employees who work In any area where an accidental or slug discharge may
occur are advised as to all emergency notification procedures.
(vil) Procedures to prevent an accidental or slug discharge. Such procedures shall Indude, but are not
limited to, Ihspection arid maintenance of stora^ areas, handling and trarisfer of materials,
loading and unloading operations, control of plant site runoff pursuantto Chapter 37, Article III of
this Code, worker training, building of containment stnictures or equipment, measures for
containing toxic orga nic pollutants, including solvents, and/or emerjgency response measures and
equipment
Sec. 49-163. Fats, oils, and grease control;
The division director Is authorized to develop and submit to the Qty Council, for approval by resolution, rules
and procedures requiring users to Install, maintain, clean, repair, and for the City to Inspect grease, sand, and oil
interceptors, dl and water separatorsi and halr ahd grease traps as required for this proper handling Of wastewater
containing excessive amounts of fats, oils, grease, sand, or other pollutants. Such Interceptors and separators shall
not be required for residential users.
(Supp.No.79)
CrMted; 2e23-10-J7-10:51:54 [ESI]
Page 85 of 122
Exhibit A
Resolution 13658
Page 85 of 122
Sec. 49-164. Regulation of users from outside Jurisdictions.
(a)
If a user.located In another munlclpal. county. state. pr tribal Jurisdiction contributes wasteWater to.the Gity's
PQTW, the division shall enter Into an agreement with the contributing user. The division shall enter Into an
Intergovernmental agreement with other public entitles which contribute wastewater to tfie City's POTW.
(b) . Prior to entering Into an agreement required by subsertlon.Ja), aboyei the contributing user or public entity
shall provide to the division the following Information:
(1)
Adesalption of the quallty.and volume of wastewater to be contributed to the POTW;
(2)
An Inventory of all resldential.icommerdal, and industrial sources contributing wastewater to the
POTW; and
(3)
Such other Information as the division may deem necessary.
(c)
The contributing party agreement, as required by subsection (a), above, shall contain the following:
(ij A requirement for the contiibuting party tP adopta sewer use ordinance, tariffs, or ruleswhich shall
Irfipdse on all sources contributing wastewater to the POTW requlrements.whlch shall be hp less
stringent than the requirements of this artide, Induding Implementation and enforcement of
pretreatment standards and requirements on norvdomestic users.
(2)
A requirement for the.contrlbuting party to subrrilt to the division an updated source inyentory on at
leastan annual basis;
(3)
Arequirement authorizing the division access to all lnformatlon relating to wastewater quantity and
quality from the contributing party arid all residential, comnierclal, and industrial sources therein;
(4)
Limits on the nature, quality, and volume of the contributing party's wastewater at the pointjs) pf
dIscharge(s)tothePOTW;
(5) : Requirements for monitoring the contributing party's dlschargejs);
(6)
A provision authorizing the .division acce^ to Inspect arid .sample sources pf wastewater from ary
residence or industrial facility located within the contributing party's service area or boundaries;
(7)
A provision specifying which pretreatment actlvitles willbe conducted by the contributing party, by the
dlylsiori, and jointiy; and
(8)
A provision specifying remedies available for breach of the termspf the agreemenL
(d)
The contributing user agreement may. If accepteble to the City, Include a provision specifying that .the City
shall be delegated full responsibility for Implementation and enforcement of the pretreatment program.
Sec. 49-165. Wastewater discharge permit application.
(a)
When requested by the division, a user muSt submitTnfofmation as to the nature and characteristics of its
wastewater wiithln thirty po) days of the request The division director Is authorized to prepare a
wastewater sun/ey form for this purpose and may per|odlcally.requlre users to update this Information.
(b)
No significant industrial user shall discharge wastewater Into the POTW without first applying for and
obtaining ah Individual wastewater discharge permit from the division. Such permit application shall also
Include an annual or temporary daysor less) discharge permit fee.
(c)
The division may require other non-significant industrial users to obtain wastewater discharge permits as
necessary to carry out the purposes of this article. The division maV Issue a zero discharge permit prohibit
the discharge of some or all non-domestic process wastewater. The division may Issue-temporary
(Stipp..No.79|
Crated; 2ei3-ie-J7 W;51;54 [E5T]
Page 8S Of 122
Exhibit A
Resolution 13658
Page 86 of 122
wastewater dischai^ permits for periods to exceed sixty (60) days and subject to spedflc flow and
discharge limitations and discharge fees.
(d)
Any user required to obtain a permit to discharge wastewater Into the POTW must apply for and obtain such
permit prior to commendng such discharge. The user shall file a completed application for a vyastewater
discharge permit at least one hundred and eighty (180) days prior to the date upon which any discharge will
begin.
(e)
Any user who Is required to obtain a wastewater discharge permit and who was discharging into the POTW
prior to the effective date of this article and who wishes to continue such discharges shall apply for a permit
by submitting a corripleted permit application no later than thirty (30) days followif® the effective date of
this article. Such users shall not cause or allow discharges.to the POTW to continue after thirty (30) days of
the effective date of this article except If authorized by the division.
(f)
Wastewater Discharge Pefrnit Applicatlori Content^. The division shall prescribe the forrri of all vyastewater
discharge perrrilt applications. Applicants shall submlt cpmpleted application forms within the time.frames
set forth In subsections (d) and (e) above.Tncompleteor Inaccurate applications will not be processed and
will be returned to the user for revision. In support of Its application, the user sihallsubmlt In units and terms
appropriate for evaluation, the foUoyvIng:
(1)
Ideritifylhg Information,
(I)
The name of the Industry and address of the feclllty, and mailing address If different;
(II)
The name of the operator and owner;
(III)
Location of discharge Ifdifferentfrom the facility address;
(iv)
Contact Information;
(v)
Description of facility activities, Operations, and production processes.
(2)
A list of any environmental control pennits held by or for the facility.
(3)
Desalption of Operations.
(I)
A' brief desalption of. the nature and average rate of production;
(II)
The Standard Industrial Classification (SIC) of North American Industry Classification System
(NAICS) codes ofthe operatlon(s);
(III)
A schematic process diagram that Indicates points of discharge tp the POTW from .the regulated
processes;
(Iv) Types of wastes generated;
(v) A list of all used or stored materials and chemicals vvhich are or could potentially be discharged to
the POTW;
(vl) Number and classification Of employees aridstaff;
(yli) Proposed or actual hours of operation;
(vlilj Type and amount of raw materials processed (annual average and rnaidmum per day);
(lx) Detailed site plans, floor plans; mechanical and plumbing plans that show all sewers, floor drain's,
and appurtenantces by slze, .locatlon, and.elevation, and all points of discharge,
(4)
Time, duration, and volume of discharges;
(5)
All proposed waste monitoring locations.
Cre«ted: 2923-l0;27;ie;5l:54 [EST)
(Supp. No. 79)
Page 87 of 122
Exhibit A
Resolution 13658
Page 87 of 122
(6)
Measured average dally and maximum dally flow, In gallons per day,,to:the POTW from regulated
process streams and other streams, as necessary, to allow use of the cbmbiried wastestream formula
set out In 40 CFR § 403.6(e}.
(7)
Measurement of Pollutahte
(I)
The pretreatment standards applicable to each reflated,process;
(II)
The results of sampling and analysis Identifying the nature and concentration (or mass, where
required by the standard or by the division) of regulated pollutants In the discharge .from each
regulated prpcPss;
(III)
Instantaneous, dally maximum, and long-term average concentrations (or mass, where required);
(Iv) Samples shall be reprcsentatlve of dally operations and shall be taken and analyzed In
accordance with procedures set out In sections 49-167(J) and (k). Where thestandard requires
cortipllanoe with a BMP or pollution prevention alternative, the User shall submit documentation
as required by the division or the applicable standards to determine compliance with the
standard.
(8)
Any other Information as the division may deem necessary to evaluate the permit application.
(g) Application Signatories arid Certifications:
(1)
All wastewater discharge permit applications, user reports and certification statements must be signed
by an authorized representative of the user and contain the applicable certification statement(s) set
forth in section 49-167(0).
(2)
If the designation of an authorized representative Is no longer accurate because a different Individual
or position has responsibility for the overall responsibility for environmental.matters for the company,
a new written authorization satisfying the requirements of this section must be Submitted to the
division prior to or together with any repOrtS to be signed by an authorized representative.
(3)
A facility determined to be a non-sIgnIficant Industrial user may be requ|red,to submit an annual signed
certification statement set forth In 40 CFR § 403.12(q).
Sec. 49-166. Wastewater discharge permit conditions.
(a) After evaluating the data furnished by an applicant the division will determine whether to Issue a
wastewater dischar^ permit
(1)
Adetermlnation as to whether to issues wastewater discharge permit shall be made withinsixty (60)
days of the division's receipt of a complete wastewater discharge permit application.
(2)
:Ahy violation of the terms ahd conditions of a wastewater discharge permit shall be deemed a violation
of this artide and shall subject the permittee to sanctions as set out in Division 5 of this article. A
wastewater discharge permittee shall also comply with all federal and state pretreatment standards or
requirernents and with any other requirements of federal. state, and local law.
(3)
The divisfon shall Issue a wastewater discharge permit If the division determines that allpf the
following conditions are met:;
(I)
the applicant has filed a timely and complete permit application and paid all applicable fees;
(II)
The applicant's proposed discharge is in cbmpilahce with the limitetipns established In this
artide;
(III)
The applicant's proposed operations and dlsdiarges will not Interfere with the normal and
efficientoperation pf the POTW.lhcluding the coliection system; and
(Supp. No. 79)
Created: 2e29-ie-27'ie:51:S4 [EST],
Page 88 of 122
Exhibit A
Resolution 13658
Page 88 of 122
(Iv) The applicant's proposed discharges will not result In a violation of the terms and conditions of
any NPDES pertnit or cause or contribute to pass through or Interference.
(b)
If the division determines that the condition set out In subsection {a)(3)(ll) of this subsection Is not met the
division may. In Its discretion. Issue or arnend a wastewater discharge permit provided: (1) the remaining
conditions set forth In subsections (a](3](I), (a](3)(ill), and (a)(3](Iv) of this subsection have been rhet; and (2)
the division approves a submitted compliance schedule specifying any additional measures and milestones
the applicant must Iniplement to Insure compliance with pretreatment standards and requirements. At no
b'rne shall the division permit a discharge that may vlola1;e ariy general and specific prohibitions or local limits
established Iri section 49-161 or allow an extension of a final compliance date for a categorical standard.
(c)
Wastewater Discharge Permit Duration. The division may Issue a wastewater discharge permit for any
specified period of time,:but In no case longer than five (5) years,from the effective date of the permit. Each
wastewater discharge permit will Include a.specific expiration date. A permittee shaliapply for relssuance of
a permit nofater than thirty (30) days prior to the expiration date.
(d)
Wastewater Discharge Permit Contents.
(1)
A wastewater discharge permit shall Include such requirements as the division deems reasonably
necessary to prevent pa^ through of interference, prbtett thp quality of receiving water bodies,
protectworkef health and tefety,;facllltate sludge managethent and disposal, and protect against
damage to the POTW; All wastewater discharge permits shall be expressly subject to all provisions of
this article and all other applicable regulations,;User charges, and fees established by the City.
(2)
Wastewater discharge permits shall contain:
(I) The permit's Issuance date, expiration date and effective date;
(li)
A statement that ,the permit shall not be transferable without prior notification to the City and
except Iri accordance with section 49-166(h);
(ill) Effluent limits. Including Best Management Practices; based on applicable pretreatment
standards;
(Iv) Self-monitoring, sampling, reporting, notification, and recordrkeeplngrequirements Including an
Identification of pollutants (or best managenient practice) to b^ rhonitqred, sampling locatlon(s),
sampling frequency, and sample type based on federal, state, and local law;;
(v) Applicable civil and/or almlnal penalties for.violations of pretreatment standards and
requirements, the permit, this article, and any applicable compliance schedule;
(vl) Requirements to coritrpl slug discharges and to Immediately Inotify tire division of any.facility
changes affecting the potential for, a slug or accidental discharge.
(3)
Wastewater Discharge Permits may contain:
(I)
Limits on .the average and/or maxlmurh rate of discharge, time of discharge, and/or requirements
fOr flow regulation and equalization;
(II)
Requirements for the Installation or construction of pretreatmerit technology, pollution control,
or contalnrrient devices deslgried to reduce, eliminate. Or prevent the Introduction of pollutants
Into the .PoirW;
(III)
Accidental spill control plans or other special conditions Including management practices
necessary to prevent accidental, unanticipated, or nomroutine discharges;
(iy) Waste minimization plans to reduce the amount Of pqllutantedlscharged.to the POTW;
(Supp. No. 79)
Crtsttd; 2ez3-ie-27
[EST]
Page 89 Of 122
Exhibit A
Resolution 13658
Page 89 of 122
(v) The unit charge or schedule of user charges and fees for the discharge of wastewater to the
POTW;
(vl) Requirements for Installation and maintenance of Inspection and sampling facilities and
equlprnent( Including flow measurement devices;
(vll) A statenient that compllarice with the permit does not relieve the permittee of responsibility for
compliance with all applicable federal and state pretreatmentstandards and requirements.
Including those which become effective during the term of the wastewaterdlscharge permit;
. (vlll) Other conditions as the dMsIon deerhs appropriate to'erisure qompllanqe with this article, and
state and federal laws rules, arid regulations; or
(lx) Requirements to segregate sewage and Industrial wastewater piping, such that the discharge of
Industrial wastewater flow Into the POTW could be halted.while still allowing sewage to
discharge Into the POTW.
(e)
Applicant's Right to Comment.
(1)
Upon completion of Its evaluation, the division shall develop and provide a draft permit to the
applicant
(2)
The applicant shall have fourteen (14) days from the date of receipt of the draft permit to file written
comments with.the division. The division may, but shall not be required to,,schedule a meeting with
the applicants authorized representative within fifteen (15) days foliowirig receipt of the applicants
cornments and attempt to resolve.any disputed Issues, fhe.applicant Is responsible for prot/ldlng date
and other Information to support Its comments.
(3)
If the applicant files no comments on the draft permit or if a subsequent agreement Is reached
concerning the same, the division director shall Issue to the applicant a wastewater discharge permit
Incorporating all such conditions.
(f)
Wastewater Discharge Permit Appeals. A permittee may petition the division to reconsider a permit denial or
the terms of a wastewater discharge permit within fourteen (14) days fbllowinga denial or the permit's
effective date.
(1)
Failure to submit a tlrnely petition for reconslderatidn shall be deemed a waiver of the administrative
appeal.
(2)
In Its petition, the permittee must Identify the wastewater discharge permit previsions to which It
objects, the reason(sj for Its objection, and any proposed elternative permit cpndit!on(sj. If the appeal
relates to a permit denial, the applicant must Identify all reasons as to why tiie permit Should be Issued
or a permit renewal should be granted.
(3)
The provisions and effectiveness of the wastewaterdlscharge permitshall not be stayed pending the
appeal.
(4)
If .the dllflsion fells to act within thirty (30) days of its receipt of ah appeal, the petib'onTdr
reconsideration shall be deemed denied. Decisions not to reconsider a wastewater discharge permit,
not to issue or renew a wastewater discharge permit, or not to modify a wastewater discharge permit
shall be considered final administrative actions for purposes of judicial review.
(5)
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit
decision must do so by filing a timely speciaTaction petition with the Maricopa County Superior Court.
(g)
Permit Modification; the division may modify a: wastewater discharge pemnit for good cause,.including, but
not limited to, the following reasons:
(1) To Incorporate any new or revised federal, state, or local pretreatment standards or requirements;
CrMCed; 2e23-ie-2r:le:Sl:Sd CESt]
(Supp. No. 79)
Page90ofl22
Exhibit A
Resolution 13658
Page 90 of 122
(2)
To address significant alterations or additions to the user's operatlori, processes, dr wastewater
volume or character since the Issuance of the wastewater di^harge permit;
(3)
A change in the POTW that requires either a teniporarY or permanent reduction or ellmlnafon of the
authorized discharge;
(4)
Information indicating that the pemiltted discharge poses a threat to the POTW and/or Its personnel,
the general public, or the environment;
(5)
Violation of any terms or conditions of the wastewater discharge permit;
(6)
Misrepretentatiqns dr failure to fully disclose all relevant facts In the wastewater discharge pennlt
application or In any required reporting;
(7)
Revision or a grant of a variance from categoricarpretreatment standards pursuant to 40 GFR § 403.13;
(8)
To correct typographical dr other errors In the wastewater discharge permit; or
(9)
To reflect a transfer of the facility ownership or operation to a new owner or operator where
requested In accordance with section 49-166(h).
(h) Wastewater Discharge Permit Transfer.
(1)
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee
gives at least sixty (60) days prior written notice to the division, and the division approves the
wastewater dlschar^ permit transfer In writing. The notice to the division must Include a written
certification by the new owner or operator which:
(I)
States thatthe neW owner and/or operator has no Immediate intent to change the facility's
operations and processes;
(II)
Identifies the specific date on which the transfer Is to occur; and
(ill) Acknovviedges full resporisIbMIty fdr complying with the existing Wastewater discharge permit.
(2)
A permittee's failure to provide advance notice of a transfer shall render the wastewater discharge
permit void as of the date of the faculty transfer. A new owner or operator subject to a permit transfer
shall not discharge wastewater to the ROTVy without a valid permit.
(I) Wastewater Discharge Permit Revocation, The divlslon may revoke a wastevirater dlsdi'arge
permit for good causetncludlng, but not limited to; the following reasons:
(i) Failure to provide prior notification tothe division of significant changes to the wastewater
prior to such change;
(I!)
Failure to notify the division of chan^d conditions pursuant to section 49-167(e);
(lit) Misrepresentation of or failure to fully disclose all relevant facts In the wastewater
discharge perm|t application;
(Nf) Falsifying any required reports. Including self-mbnltorlng reports and certification
statements;
(v) Tampering with monitoring equipment;
(yl) Refusing to allow tiie division timely access to the facility premises and records;
(vll) Violations of any effluent limitation, pretreatment standards or requlrements.or any terms
of the wastewater discharge permit or this article;
(yiil) Faiiure to meet effluent limitations;
Crated; 2B23-ie;27 10;51;M [EST]
(Supp.No.79)
Page 91 of 122
Exhibit A
Resolution 13658
Page 91 of 122
(ix)
Failure to fines,-
(x)
Failure to pay sewer charges;
(xl) Failure to pay permit and sampling fees;
(xli) Failure to meet compliancy schedules; or
(xlll) Failure to complete a wastewater survey or the wastewater discharge permit application.
Sec. 49-167. Reportfng requirements.
(a) Baseline Monitoring Reports.
(1)
Within either prie hundred eighty (180);days after ^e effective date of a categorical pretfeatmerTt
standard, or the fitial administrative dedslpri ori a categbiy determination under 40 CFR § 403.6(a)(4),
whichever Is later, existing Industrial users subject to such categorical pretreatment standards and
currently discharging to or scheduled to discharge to the piOTW shall submit to the division a report
which contains the Information listed In subsection (2), below. At leastnThety (90) days prior to
commencement of their discharge, new sources, and sources that become.categorlcal Ihdustrlal users
subsequent to the promulgation of an applicable categorical standard, shall submit to the division a
report Which contains the Information listed In subsection (2), below. A new source shall also report
the rnethod of pretreatitientlt Intends to use to meet applicable pretreatrnent standards.,A new,
source also shall give estimates of Its andcipated fldw and quaritJty pfpollutants.tp be discharged from
regulated process streams and other non-process streams.
(2)
Users desaibed above shall submit the following Information:
(I)
Name and address of the facility. Including name Of the operator, owner, and SICA^AICS codes;
(II)
A list of any environmental control permits held by or for the facility;
(III)
A brief desalptlon of the nature, average rate of production, and standard Industrial
classifications of the operatlon(s) carried out by such user. Including a schernatic process diagram
in relation to a site plari which Indicates points of dtehafge to the POTW from the regulated
processes;
(iv)
Measured average dally and maximum dally flow, in gallons per day, to the POTW from regulated
process streams andptiier strearnS as necessary to allow the use of the combined wastestream
formula set forth In 40 CFR § 403.6(e).
(v)
Measurement of Pollutants.
i. The pretreatment standards applicable to each regulated process;
The results of sampling and analysis Identifying the nature and coricentration (or mass,
where required by the standard or by the division) of regulated pollutants In the discharge
from each regulated process;
2.
3.
Instantaneous, dally maximunh, and long-term average concentrations (or mass, where
required);
4.
Samples shall be representative of dally operations, and the samples shall be taken and
analyzed In accordance with procedures set out In sections 49-1670) and (k). Where the
standard requires compliance with a BMP or ppllutaht prevention aiternative, the user
shall submit documentation as required by the division or the applicable standard to
determine compliance with the standard.
(Supp. No; 79)
Page.92ofl22
Crutcd; Ur9;u;27 .U:S1;S4 [EST]
Exhibit A
Resolution 13658
Page 92 of 122
(vl) The user shall take a minimum of one (1) repr^ntatfve sample to compile that data necessary
to comply with the requirements of this subsection.
(vli) Samples should be taken Immediately downstream from pretreatmentfacilities if such exist or
immediately downstream from the regulated process if no pretreatment exists, if other
wastewaters are mixed with the’regulated wastewater prior to pretreatmeht the user should
measure the floWs and concentrations necessary to allow use of the combined wastestream
formula set ftjith In 40CFR § 403.6(e) in order to evaluate compliance with the pretreatment
standards. Where an alternate corrcentiatlon or mass limit has been calculated In accordance
With 40 CFR § 403.6(e), this adjusted limit along With supporting data shall be submitted to the
division. Sampling and analysis shall be performed In accordance with sections 49-167(|) and (k).
(vlli) The division may allow the submission of a basellne .moriltorlng report which utilizes only recent
historical data so long as the date prpvide Inforrri.atiori SLifflcfent to determine the need for
Industrial pretreatrnent measures.
(lx) The baseline monitoring report shall Indicate the time, date, and place of sampling and methods
of analysis, and shall certify that such sampling and analysis Is representative of normal work
cycles and expected pollutant discharges to the POTW.
(3)
Compliant Certificatibn. The user shall submita statement, reviewed by the user's authorized
representative and certified by a qualified professional. Indicating whether pretreatrnent stendardsare
being met on a consistent basis, and. If not, whether additional operation and maintenance (O&M)
and/or additional pretreatrnent is required to meet the pretreatment standards and requlremehts.
(4)
Compliance Schedule. If additional pretreatment and/or.0& M will be required to meet the
pretreatment standards, the user shall submit the shortest schedule by which the user vdll provide
such additional pretreatment and/or O&M'must be provided. The completion date In this schedule
shall not be later than the compliance date established for the applicable pretreatment standard.-.A
compliance schedule pursuant to this subsection shall comply with the requirements of section 49-.
167(b).
(5)
Signature and ReportCertification. All baseline monitoring reports must be signed certified in
accordance with section 49-167(o) and signed by an authorized representative as defined In section 49-
91.
(b)
Compliance Schedule Progress Reports: The following conditions shall apply to the compliance schedule
required by section 4^167(a){4):
■ (1) The schedule shall contain progress Irrcrements.In the form of dates for the qommenCement and
completion of major events leading to the construction and.operation of additional pretreatment
required for the user to meet the applicable pretreatmentsfandards. Such events Include, but are not
limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning and condurting routine
operation;
(2)
No progress Increment referred to above shalTexceed nine (9) months;
(3)
The icer shalj submit a progress report to the division no later than fourteen (14) days fpilowing each
date in the ^hedule and the .final date of compliance Including, at a minimum, whether the user
complied with the progress increment, the reason for any delay, and. If appropriate, the steps being
taken by the user to return to the established schedule; and
(4)
in no event shall more than nine (9) months elapse between such progress reports to the division.
(c)
Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety (90) days following
the date for final compliance with applicable categorical pretreatment standards, or In case of a new source
Cretteii; 2ra3;ie-27 .18:51:54 [EST]
(Supp. No. 79)
Page 93 of 122
Exhibit A
Resolution 13658
Page 93 of 122
following corhmencemeht of the Introduction of wastewater Into the POTW, any Industrial User subject to
such pretreatment standards and requirements shall submit to the division a report containing the
information described In section 49-i67(a)(2)(iy)—(lx) and (3). For users subject to equivalent mass or
concentration limits, this report shall contain a reasonable measure of the;usef's long-term production rate.
Forajl other users subject to cate^rlcal pretreatment standards ejcpressed.ln terms of allowable pollutant
discharge per unit of production (or other measure of operation], this report shall Include the user's actual
production during the appropriate samplirig period. All compliance reports must be signed and certified In
accordance with section 49-167{o]. All sampling and analysis will be done In conformance with section 49t
1670),and (k).
(d)
Periodic Compliance Reports.
(1)
All SlUs and other users as may be designated by the division shall, at a frequency determined by the
division, submit no less than once every six {Sj.mo.nths, unless required mote frequently In the permit
dr by the division, reports indicating the nature ahd concentration of pollutants in the discharge which
are limited by pretreatment standards and the measured or estimated average and maximum dally
flows for the reporting period. In cases vdiere the pretreatment standard requlres compliance with a
BMP or pollutant prevention alternative, the user shalj subtriitdocumentation required by the divislon
or the pretreatment standard as necessary to.determine the pompllahce status of the user,
(2)
All periodic compliance reports must be signed and certified in accordance ,with section 49-167(0).
(3)
All wastewater samples must be representative of the user's discharge. Wastevater monitoring and
flow measurement fadlitles shajl be properly operated, kept clean, and malntaliied In good working
order at all times. The Allure of a user to keep Its monltdrliHg facility In good working order shall not be
grounds for a user to daim that any sample results are not representative of Its discharge.
. (4) If a user subject to the reporting requirement In this section monitors any regulated pollutant at a
designated sampling location more frequently than required by the division, the user shall Include the
results of this monitoririg In the report and use the methods and procedures prescribed In section 49-
167(J)and(k).
(e)
Reports of Changed Conditlaris. Every user shall submit a written notificatipn tp the division a minimum of
ten (10) days prior to any planned significant change In the nature, quality, or volume of pollutants In Its
discharge arid any flow Increases of twenty percent (20%) or greater. A "significant change" shallinclude, but
Is not limited to:
(1)
Any change to the user’s processing, manufacturing or other production operations affecting its
discharge;
(2)
The addition of any. regulated substances which may affect the user's discharge;
(3)
Any changes in the listed or diar’acteristic hazardous waste for which the user has submitted or is
required to subrnlt riotificatipri tpthe division under mis article arid 40 CFR'§ 403.12(p) as arriended.
(f)
Reports of Potential Problems.
(1) In the case of any discharge,.Including, but not limited to, an accidental discharge, a slug discharge, slug
load, or a discharge thatmight cause potential problems for the POTW, the user shajl immediately
notify the division of the inddeht thrpugh telephone. In writing, and through electronic mail.
This notification shall include:
(1)
Name and location of the facillty;
(li) Identity of the caller;
(III) Date, time, and location of the discharge;
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(Supp. No. 79)
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Exhibit A
Resolution 13658
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(Iv) Date and time discharge was halted;
(v) Estimated volume of the discharge;
(vl) Pollutants that may be present and their concentration;
(vl!) Corrective actions taken to halt the discharge; and
(x) Pollutant disposal rhethods In lieu of discharge.
(2)
Within five (5) days following such discharge, the user shall, unless waived by the division, submit a
detailed written report describing the cause(sj of the discharge and the measure(s) the user shall
undertake to prevent similar future occurrences. Such notification shall not relieve the user of.any
expense or liability arising from the discharge or Which may result Ih loss or damage to the POTW,
natural resources, or any other damage to person or property; rxjrshall such nrtification relieve the
user from any City enforcement action Imposed pursuant to this article.
(3)
A notice shall be p^rmanehtiy posted on the user's bulletin board or other pro'mifient place advising
employees whom to notify In the event of a discharge described in subsection (f)(1) above, Employers
shall ensure that all employees who may cause such a discharge are advised of the emergency
notification procedure.
(4)
SlUs are required to notify the division Immediately of any changes at their facilities affecting the
potential for a slug discharge.
(5)
Bypasses are hereby deemed potential problems, and the requirements and prohibitions that apply to
bypasses as set forth In 40 CFR § 403.17 are speclflcaily Incorporated by this reference.
(g)
Reports fmm Unpermltted Users. Ml nondomestic users not required to obtain a wastewater discharge
permit shall provide such reports to the division as the division may require. These reports may Include, but
are not limited to, industrial wastewater questionnaire, surveys, permit applications, arid reports
demonstrating compliance with Best Mariagemerit Practices. If required by the Qty, these reports shall
Include the signa tory certification statement specified In section 49-167(6),
(h)
Notfflcation of Violatlon/RepeatSampling Reporting.
(1)
If sampling performed by a user Indicates aylblationbfa pretreatment standard, the user, shall:
(I) Notify the dlylsloh within twenty-four (24) hours of becoming aware of the violation (e,g., receipt
of final analytical laboratory reports);
(i|) Repeat the samp|ing'and analysis and submitthe results of the repeat analysis to the diyisibn
within thirty (30) days after becoiinlrig aware of the vlolatlori.
(2)
The Industrial user Is not required to perform repeat sampling If the division performs sampling atthe
user's facility at least once a month, or If the division performs sampling at the user's facility between
the time when.the irrltlal sampilng Was conducted and when the user or division receives the results of
this sampling, or' If the division has performed the sampling and analysis In lieu of the Ihdustrlai user. If
the division performed the sampling and analysis In lieu of the user, the division will perform the
repeat sanipiing and analysis within thirty (30) days after becoming aware of a violation unless It
notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
(I)
Notification of the Discharge of Hazardous Waste.
(i) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional
Waste Management, Waste Division Director, and the Waste Programs Division of ADEQ In writing, of
any discharge Into the POTW bf a substance, which, if otherwise disposed bf, would be hazardous waste
under 40 CFR Part 261. Siich notification must Include the name of the hazardous waste as set forth In
40 CFR Part 261, the EPA hazardous wasteriumber, and the.type of discharge (continuous, batch, or
Created: 2923-10-27 ie:Sl:S4 [EST]
(^pp. No; 79)
Page 95 of 122
ExhibitA
Resolution 13658
Page 95 of 122
other). If the user discharges more than one hundred (100) kilograms of such waste per calendar
month to the POTW, the notificatibn shall also contain the following Infbrrhatlon to the extent known
and readily available to the user: an identification of the hazardous constituents contained in the
wastes; an estimate.of the mass arid concentration of such constituents in the wastestream discharged
during that calendar month; and an estimate of the itiass pfsuch constituents in the wastestream
expected to be discharged during the following twelve (12) months. All notifications rhust take place
within one hundred and eighty (180) days after the discharge commences. Any notification under this
section need be submitted only once for each hazardous waste discharged. However, notification of
Changed conditions must be submitted under se.ctipii.49-167(e) of this article. The liotification
requirement In this subsection does not apply to ppllutahts already reported under the self-mPnItorthg
requirements of sections 49-167(a), (c), and (d).
(2)
Users are exempt from the requirements of subsection (i)(l) above during a calendar month in which
they discharge no more than fifteen (15) kilo^ams of hazardous wastes unless the wastes are acute
hazardous wastes as specified In 40 CfR 261:30(d) and 261.33(e). Disdiarge of more than fifteen (15)
kilograms of non-acute hazardousWasfes in a calendar month or any quahtity of acute hazardous
Wastes as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-tirne notification. Subsequent
months during which the u^r di^harges addltipna) amounts of such quantities of ariy hazardous
waste do hot require additional notification;
(3)
in the event of any new regulations under Section 3001 of RCRA identify additional characteristics of
hazardous waste or list any additional substance as a hazardous waste; the user must notify the
division, the EPA Re^bnal Waste Management, Waste Division Director, and the Waste Propams
Division of ADEQ of the dlschar^ of suCh substance within ninety (90) days of the effective date Of
such regulations.
(4)
As to any notification under this subsection, the user shall certify that it has a program in place to
reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be
economically practical.
(5)
This hazardous waste notification of discharge does not create aright to discharge any substance not
otherwise permitted to be discharged by this article, a permit Issued hereunder, or any applicable
federal or state laW.
(j)
Sampling Methods. All samples collected to determine compliance under this article mustbe obtained In
accordance with the techniques and procedures prescribed in 40 CFR Part 136.
(k)
^mple Analysis. The analysis .pf all samples collected for.cpmpllance with the requlrernents of this article
must be conducted pursuantto the techniques and procedures prescribed In 40 CFR Part 136 by .a laboratory
licensed by the State of Arizona as an environmental laboratory or such other approval authority deemed
acceptable by the division,
(1)
Except as set forth In subsections. (2) and (3) below, the user must collect representative wastewater
samples using 24-hour flow proportional.composite sarnpling techniques, unless the division authorizes
time-proportional composite sa mpling or grab sampling. If the division authorizes time^roportlonal
composite sampling or grab sampling, the samples'must be representative of the discharge.
(2)
Sarnples fpr oil and grease, temperature, pH, cyanide, tptel phenols; sulfides, and volatile organic
compounds must be obtained using grab collection techniques unless otherwise spedfied Tn the
wastewater discharge permit Using protocols (Including appropriate preservation) specified in 40 CFR
Part 136 arid appropriate EPA guidance, multiple grab samples collected during a 24-hour period may
be composited prior to the analysis as follows: for.cyanide, total phenols, and sulfides, tiie samples
may be composited In the laboratory or In the field; for volatile organics and oil and grease, the
samples may be composited in the laboratoiy. In addition, grab samples may be required to show
compliance with Instantaneous limits, including pH.
Cre«t*d; 2e23-10-271B;5l!54 [EST]
(Supp. No. 79)
Page 96 of 122
ExhibitA
Resolution 13658
Page 96 of 122
(3) For sampling required in.supportof baseline mohitoringand SO-daycomplIahce reports required In
sections 49-167(a) and (c), and 40 GFR § 403.12(b) and (d), a mirilmum of four (4) grab samples must be
used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities
for which historical representative sampling data do not exist Where recent historical data are
available, the division may authorlte a loyirer minimurn. For the reports required by sealons 49-167(d)
and (g), the Industrial user Is required to collect the number of grab samples necessary to assessand
assure compliance with applicable pretreatment standards and requirements.
(l)
Continuous pH Monitoring. The division may. In its discretion, require an Industrial user Continuously
monitor the pH of its discharge, and pH monitoring shall be pursuant to a division approved 'monitoring plan.
The user shall Install, operate and maintain the pH monitoring equlpmerlt at the user's sole cost and
expense.
(m) Date of Receipt of Reports. Wrton report will be deemed to have been submitted on the date postmarked
If mailed or on the date received If delivered by hand of some other means.
(n)
Recordkeeping. Users subject to the reporting requirements of this article shall retain, and make available for
Inspection and copying, ail records of Information obtained pursuant to any monltoririg activities required by
this article, any additional records of information obtained pursuant to monitoring activities uridehaken by
the user Independent of such requirements, and documentadoh associated with BMPs established under
sealon 49-161(d). Records shall include: the date, exact place, method, and time of sampling, and the name
of the personjs) taking the sample; the dates analyses were performed; who performed the analyses; the
analytical techniques or methods used; and the results of such analyses. These records shall remain available
for a period of three (3) years. This retention period shall be automatically extended for the duration of any
litigation concerning the user or the City, or where the division has specifically notified the user of a longer
retention period.
(o)
Signatory Certification for Required Reports. Users or their authorized representatives submitting reports to
the division as required under this article or any wastewater discharge permit shall sign and submit the
following certification statement;
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision In acxordance with a system designed to assure that qualified personnel properly gather and
evaluate the Informatioh'submitted. Based oh my Irxiulry of the persondf persons who manage the system,
or those persons directly responsible for gathering the Information, the Information submitted Is, to the best
of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information. Including the possibility Of fine and Imprisonment for knowing violations."
Sec. 49-168. Compifahce monftoring.
(a) Right of Entry: Inspection and Sampling. The division shall have the rl^t to enter, announced or
unannounced, the premises of any user to determine whether the user is complying with all requirements of
this article, any wastewater discharge permit, or order Issued hereunder. Users shall allow the division ready
access to the entire premises for the purpose of Inspection, Sampling, records examination and copying, and
the performance of any additional duties.
(1)
Where a user has security measures in force which require proper Identification and clearance before
entry into its premises, the user shall make prior necessary arrangements with Its security guards so
that, upon presentation of suitable Identification, thedivislori shall be permitted to enter without delay
for the purpose of performing specific responsibilities authorized under this article.
(2)
the division shall have the right to set up on the user's property, or require Installation of, such devices
as are necessary to conduct compliance monitoring, sampling and/or metering of tiie user's operation.
(Supp. No. 79)
Crested; 2eH-10-27;W;51:M [ESTJ
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Exhibit A
Resolution 13658
Page 97 of 122
(3)
At the written or verbal request of the division, the user shall promptly remove any temporary or
permanent obstruction to the safe and ready access to the premises to be Inspected and/or sampled.
The user shall pay all costs of clearing such access.
(4)
Unreasonable delays In allowlhg the division access to the user's premjses shall be a violation and may
cause the aty to exercise Its authority under section 49-168(b) and Division 5 of this article.
(b)
Search Warrants. If the division has been refused access to a user's bulldlng,.structure, or property, or any
part thereof, and Is able to demonstrate probable cause to believe that a violation of this artide has or may
have occurred, or that ftere Is a need to Inspect and/or sample as part of a routine Inspection and sampling
program of the aty designed to verify compliance with this artide or any perrnit or order Issued hereunder,
or to protect the overall public health, safety and welfare of the community, the City may seek Issuance of a
search warrantfrom a court of competentjurlsdlction.
(c)
If any owner or account holder falls to Install a device of perform arty necessary action required by this
division within ninety (90) days for the Install of a device or ten (10) days to perform a necessary action of
receiving written notice from the Water Resources Division of the need to do so, the Division may either:
(1)
If feasible. Install the required device or perform the necessary action on behalf of the owner or
accpuht holder a nd Include the cost of such Installation or action on the next regularly scheduled
Invoice to the account holder, of
(2)
discontinue service to the property until such time as.the required device Isihstalled or action Is
performed.
(d)
The notice sent to the owner or account holder In accordance with subsection (c) shall Include an advisory
from the Division that the Division may Install an appropriate device or take the required action at the owner
or account holder's expense or that the service may be discontinued If the required device is not installed or
toe required action is riot taken.
Sec. 49-169. Pretreatment charge and fees.
The qty will charge an.anhual maintenance fee of twelve hundred dollars ($1,200.00) to significant Industrial
users and six hundred dollars ($6ix).00) to non-sIgnIficant Industrial users to cover the costs'to establish and
operate the CIt/s pretreatment program. The annual maintenance fee will be charged In monthly
Instalirnents. Approved wastewater discha rge permit applications viflll be charged a processingfee of one
thousand dollars ($1,000.00) wtilch will be due before Issuance of ttie permit The City rfiay adopt additional
fees as the City rfiay deem necessary to carry out the requirements set forth In this article.
Secs. 49-170-49-180. Reserved
DIVISIONS. ENFORCEMENT
Sec. 49-181. Publication of users in significant npncompliance.
As a party to toe IGA, toe division shall.annually provide to toe Qty of Phoenix for publication In a newspaper
of general circulation that provides meaningful publicnotice within the jurisdictions senred by the POtW, a list of
toe users which, at any time during the previous twelve (12) months, were In significant noncompliance (SNC) with
applicable pretreatment standards and requlrernents as defined In section 49-91.
(Supp.No.79)
■ Creited; 2ej3-W-27 ,ie;5l:M [EST]
Pace 98 Of 122
Exhibit A
Resolution 13658
Page 98 of 122
Sk. 49482. Administrative enforcement remedy.
(a)
Notice of Violation. When the division finds that a person has violated, or continues to violate, any provision
of this article, a wastewater discharge permit, or an order Issued hereunder, or. any other pretreatment
standard or requirement, the division may serve upon the person a written Notice of Violation. Such service
shall be accomplished via hand delivery or by registered or certified tnail (return receipt requested). Within
five (5) working days. of the receipt of such notice, the person shall submit to the division an explanation of
the violation and a plan for the satisfactory correction and prevention thereof. Including specific required
actions; Submission of such a plan In no way relieves the person of liability for. any violations occurring before
or after reCejpt of the Notice of yiolatlon. Nothing In this section shall limit the authority of the division to
take ariy action. Including emergency actions, or any other enforcement action, without first Issuing a Notice
of Violation.
(b)
Administrative Compliance Orders. When the division finds that a person has violated, or continues to
violate, any provision of tills article, a wastewater discharge permit, an order issued hereunder, or any.other
pretreatment standard or requirement, the dh/isipn may issue to .the person resporisible for the discharge an
order directing that the person to cease and desist all such violations or to come Into compliance within a
specified time. If the person does not cease such violations or come into compliance within the time
provided, water or sewer service may be discontinued unless adequate.treatment facilities, devices, or other
related appurtenariCes are iristalled and properly operated. ComplianceOrders also may include other
requlremerits to address the nOhccxnpliance, including additional self-moriitoring arid management practices
designed to minimize the amount of pollutants discharged to the'POTW. A compliance order may not extend
the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance
order relieve the person pf liability for any viblatibn, Includirig any continuingylplatibn. Issuance of a
compliarice order shall not be a bar against, or a prerequisite for, the City taklrig ariy other action against the
person.
(c)
Show cause Hearing.
(1)
The division may order a person which,has violated, or Continues to vld|ate, any provision of this
artlcle,.a wastewater discharge permit, an order issued hereunder,..or any other pretreatment standard
or requirement, to appear before the division and show cause why the proposed enforcement action
should not be taken. Notice shall be Served on the person specifying toe time and place for the hearing,
the proposed enforcement action, the reasons for such actlori, and a request that the person show
cause why toe prop'csed eriforcement action shouldhpt be taker!. The notice of the hearing shall be
served personally or by registered or certified mall (return receipt requested) at least ten (10) days
prior to the hearing, Such notice may be served on any statutory agent or autoorized representative of ■
the person as defined In section 49-91.
(2)
The hearing shall be Informal and the rules of evidence shall not apply except that evidence and
testimony presented shall be relevarit and,that the hearing officer may make ruling as to toe conduct
of the hearing Either the Qty.or the alleged violator may be represented by counsel. The burden of
proof shall be upon the alleged violator. UpPn a finding by the preponderance of the evidence that the
.City.'s proposeri enforcement actions are reasonable, toe hearing officer shall uphold the division's
enforcement action, and the division shall proceed as necessary with such actiori.
(3)
Hearirig officers shall be appplrited by the division director of Water ReMurces or designee.
(4)
A show cause hearing shall riot be a bar against; of prerequisite for, the City taking any other action
against the person.
(d)
Revocation of Permit.
Creittd; 2e23-ie-27'lS:SliM [ESTJ
(Supp. No. 79)
Page 99 of 122
Exhibit A
Resolution 13658
Page 99 of 122
(1)
The city may revoke the yyastewater discharge permit Of ariy person who violates the provisions of this
article Including, but not limited to,.section 49-166(l)(cause for permit revocation).
(2)
The division shall notify such person of the proposed permit revocation and may offer, the person an
opportunity to show cause under section 49-182(c). The division's exercise Of this actlon shall not be a
bar to, or a prerequisite for, taking any other actlori agalrist the person.
(e)
Emergenty Suspensions.
(1)
The division may Immediately suspend a person's discharge, after informal notice to the person,
vwhenever such suspension Is necessary to stop a discharge which: (a) reasohably appears to present or
cause an Imminent or substantlal'endangerment to the health or welfare of persons; (b) Interferes Or
threatens to interfere virtth the operation of the POtW; or,,(c) which presents, or may present, an
endangermeht to the environment Such informal notice may include: hand delivery of the emergency
riotlce during workltig hours; posting of such notice at the busiriess; telephone or email, notice to the
authorized represehtatiye; and any.other methods asdatermlned to be appropriate by the division
under the emergency suspension action.
(2)
Any person notified of an emergency suspension shall Immediately stop or eliminate Its discharge, in
the event of a person's failure or Inability to Imrhedlately comply with the suspension notice, the
division may take such steps as deemed necessary, Includins but not limited to. Immediate severance
of the sewer connection. Pursuant to the reporting requirements of section 497167(f), the person shall
submit a detailed written report describing the causes of the discharge and the measures taken to
prevent any similar ftjture.pccurrence. Following a show cause hearing, the division may allow the
person .to recommence lts d|scharge.when the person has demonstrated tothe satisfaction of the
dlvislon.that the discharge shall comply with this artide.
(3)
The division's exercise of this suspension action shall not be a bar to, or a prerequisite for, taking any,
other action against the person. Including Initiating termination of the person's discharge.
(4)
Nothing In this subsection shall be Interpreted as requiring a hearing prior to any emergericy'
suspension.
(f)
Negotiated SettlementAgreements (AMS § 49-391).
(1)
On behalf of the GIty and with the poncurrenpe of the City Attorney, the division may enter into
negotiated settlements, assurances of compliance, or other similar documents establishing an
agreement with any person responsible for noncompliance. Such documents shall Include specific
action to be taken by the person to correct the npncompliance within a time perlpd specified by the
document and may Include recovery of penaitles. The Oty may bring an action lii superior court to
enforce any breach of a negotiatedisettlement agreement
(2)
A person who has violated, or continues to violate, any provision of this artide, a wastewater discharge
permit, or an order teued hereundef; or arty other pretreatment standard or requirement shall be
liable to the City fora maxinium civil penalty of twenty-five thousand dollars. ($25,000.00) per violation,
per day. In the case of morithly or other long-term average discharge llmitviolatlons, penalties shall be
assessed for each day.during the period of violation.
(3)
In determlnihg the amount of a dyil penaity to be Imposed as part of any such agreement,^e City
shall consider: (1) the seriousness of the violation; (2) the economic benefit, if any, resulting from'the
violation; (3):any histoty of such violation; (4) any good faith efforts to comply with the applicable
requirements; (S) the.economic Impact of the penalty on the violator; and,(6) such other factors as
justice may require.
(4)
Before a negotiated settlement agreement becomes final, the City shall provide a period Of thirty (30)
days for public comment
Cruted; 2e23-l«-27 l(l:Sl:S4 [ESTJ
(Supp. No. 79)
Page too of 122
Exhibit A
Resolution 13658
Page 100 of 122
(g) NotfcS. Any formal notice or order Issued under this action shall be served pefsohally, or by registered or
certified mail, return recelpt requested to the billing or streetaddress of the user.
Sec. 49-183. Judicial ehforeement remedies.
(a)
Injunctive Relief-. When.the division finds thata person has ylolated. Of continues to violate, any provision of
this article, a vyastewater discharge perrni^ an order issued hereunder/ of any other pretreatment standard
or requirement, the division may request that the City Attorney petition the superior court for the issuance
of a temporary or permanent Injunction, as appropriate, which restrains or .compels the specific performance
Of the wastewater discharge permit, order/ or other requirement Imposed by this article. The City may also
seek such other action as Is appropriate for legal and/or equitable relief,' Including a requirement for the
person to Cpriduct environmental remedtatipn. A petition for Injunctlye relief shall not be a baf ajgalnst, of a
prerequisite for; taking any other action against a person.
(b)
Qvil Actions and Penalties.
(1)
Pursuant to /VR,S. § 9-500.21, and In addition to any othef remedy or action, the City may enforce any
violation of this article by filing a complaint In City court
(I)
The penalty for a violation enforced pursuant to this subsection shall be a maximum fine of two
thousand five hundred dollars ($2,500^00). In addition to the Imposition of a civil fine, upon a
finding of responsible, the court may order the violator to abate or correct the violation within a
time frame spedfled by the court
(II)
the division director, Scottsdale police officers, or the City Attorney may Issue civil complaints
• pursuant to this subsection.
(III)
Filing a civil complaint pursuantto this subsection shall not be baf against of a prerequisite.for,
the City taking any other action against a persoa
(2)
Pursuant to A.R.S. § 49-391, the division may request the City Attorney.to file a civil complaint In
superior court tp enforce and seek corripllance with this aftide and recover dvil penalties.
(I) Pursuantto A.R.S. §49-391, a person who has violated, oroontinues toylolate, a wastewater
discharge permit or any other pretreatment standard or requirement shall be liable to the Oty
for a maximum dvil penalty of twenty-five thousand dollars ($25;000.00) per violation, per day.
For continuing violatiohs, each day may constitute a separate offense.
(ii) In determining the amount of a civil penalty, the Cltyand the courtshall consider: (1) the
seriousness of the violation; (2) the economic benefit If.anY. resultlng from the violation; (3) any
history of such vlolation;:(4) any good faith efforts to comply with the applicable requirements;
(5) tfie ecOnortilc irripact of the.penalty on the violator; and (6) such other factors as justice may
require.
(Hi) Filing a civil complaint pursuant to.thls subsection shall not be bar against of a prerequisite for,
tine City.taking any other action against a person.
(Iv) Before any negotiated consent decree filed with the court becomes final, the City shall provide a
period of thirty (30) days for public comment
(c)
Criminal Prosecution. .
(i) A peiton who recklessly or negligently Violates any provision of this article, a wastewater discharge
permit or an Ofdef Issued hefeiinder, or any other pretreatment staridard or requirement shall, upon
conviction, be guilty of a Class 1 misdemeanor.
(Supp. No. 79)
CPeattd; 2eJ3-10;2719;5l!M CEST]
Pate 101 of 122
Exhibit A
Resolution 13658
Page 101 of 122
(2) A person who recklessly or negligently introduces any substance Into the POTVV which causes personal
injury or property darhage shall, upon conviction, be guilty of a Qass 1 mlsdemearipr. This penalty shall
be In addition to any,other cause of action for personal injury or property damage available under state
law;
(3 j A person who intentionally or kriowfngly makes any false statements, representations, or certifications
in any application, survey, record, report plan, or other documentation filed, or required to be
maintained, pursuant to this article, a wastewater discharge permit, or an order Issued hereunder, or
who falsifies, tampers with, or Ipiowingly renders Inaccurate any monitoring device or method required
under this article shall, upon ponvictipn, be guilty of a Oass 1 misderneanpr.
(4)
Upon conviction for a violation of this sectIon,<the court In addition to any other penalties authorized
by law shall Impose a fine of not less than onejthousand dollars ($1,000.00) per violation. The court
shall not suspend any part of any fine required by this section.
(5)
Any action by the Gity does not preclude or otherwise affect enforcement action that may be taken by
a federal, state, or county agency.
Sec. 49-184. Enforcement response plan and penalty polity.
The division director Is duly authorized to develop and submit to the City Council for its approval by
retolution an enforcernent response plan and penalty policy, f he enforCerinent response plan will; at a mlnlnrtum,
satisfy the reqUIrerrients of 40 CFR § 403,8(f)(S). The penalty policy shall establish the factors to be considetied and
the method of calculating administrative fines and the factors to be considered In using the judicial enforcement
remedies set forth In section 49-183.
Sec. 49-185. Supplemental enforcement actions.
(a)
Performance Bonds. The division may decline to Issue or reissue a wastewater discharge permit to any user
or authorized representative who has failed to comply with any provision of this article, a previous
wastewater discharge permit, an order Issued hereunder, or any other pretreatment standard pr
requirement, unless such user first filesa satisfactory bpnd, letter of credit, cash, or other security device,
payable to the City, In a sum not to exceed a value determined by the division to be necessary to assure
consistent compliance.
(b)
Liability Insrrrance. The division may decline to Issue or reissue a wastewater discharge permit to any user
who has failed tp comply with any provision of this artidepr order Issued hereunder, or any other
pretreatmerit stantiard or requirement, unless the user first submits pfOof that lthas obtained financial
assurances suffident to restore or repair damage to the POTW caused by Its discharge.
Sec. 49-186. Remedies nonexclusive.
The remedies provided for in this article are not exclusive. The division may take any, all, or any combination
of these actions against.a tiph-compilant person. Enforcement of pretreattfient violations will be In accordance
with the City's enforcement response plan. The division may, however, take other action a^Inst any persOii when
the circumstances so warrant. Further, the divIslonTs empowered to take more than one enforcement action
against any non-compllant person:
Secs. 49-187-49-195. Reserved
DIVISION S. RESERVED
(Supp. No. 79)
Crated; 1023-19-27:ie:Sl:Se [EST]
Page 102 of. 122
Exhibit A
Resolution 13658
Page 102 of 122
Secs. 49-196—49-210. Reserved.
ARTICLE V. WATER AND SEWER EXTENSIONS AND REIMBURSEMENT
AGREEMENTS
Sec. 49-211. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
In this section, except where the context clearly Indicates a different rtieanlng:
4vo(to6/e rneans a public sewer line Is located within five hundred (500) feet or a public water line is located
within six hundred,and sixty (660) feet of a propeny's boundary line, the respective line has sufficient capadty for
the requested connection, an extension of and/or connection to the line can be en^neered to meet the City's
standards, and the physical circurnstances of the Right-of-Way and the surrounding property will reasonably
permit.the extension ahd/or connection. This Indudes establishing payity flow from the subject parcel to an
existing public sewer line located within Rve hundred (500) feet of a property's boundary line. What is
"reasonable" shall be determined in the sole judgment of the Division Director.
Ben^ttingparcelmeans a parcel thatdoes not currently receive water or sewer ^rvlce and Is adjacent to a
proposed water or sewer line which may fadlitate connection at a future date.
Cost includes the actual cost of:
(1)
Construction of the publlc:water or sewer line as deterrnined by the constructiori contract price; and
(2)
Inspection and permit fees paid to the Qty and County; and
(3)
Engineering, surveying arxl other fees required for the preparation of plans and specifications.
Building Indudes bulls not limited to a yiralled and.roofed structure built, constructed or premanUfectured
above of belOw grade and (s used or Intended for,supporting or sheltering any use dr occupancy.
Oiy means the City of Scottsdale, Arizona.
County means Maricopa County, Arizona.
Developer shall,include the individual, firm, cxx-poratlon, partnership, astociatlon, syndlcatlorj, trust or other
legal entity which Is responsible for fadlltatlngthe owner's demand on the City water or sewer fecllltles and
creates structures on the land. The Developer and Owner may be the same.
Division director means the diyision director of Water Resources or designee.
Extension participation piograrn means a program that allows an Developer or Owner, who has established a
line payback agreement for the extension of a water or sewer service to asslgn lts right to future reimbursement,
from benefiting parcels, to the.dty In exchan^,for Immediate reimbursement by the City when funds are
available.
Frontage means the entire.length of that portion of a parcel Of property that abuts a public street, public
easement, or public Right-of-Way.
Land Development means any method of creating or recreating a lot, tract, parcel, easement, or Rlght-of-
Way, Including butnot limited to, subdivisions, minor subdivisions, condominiums, MUltl-Famlly and commercial
prdpei^es.
tand D/Vtefon means a division of Itnproved or unimproved land dr parcel Into two (2) or more parcels.
(Supp. No. 79)
Page 103 of 122
Cruted: 2n3-ie-27 ie:51:S4 [EST]
Exhibit A
Resolution 13658
Page 103 of 122
Line payback agreement means an agreement between an Developer or Owner and the Whereby the
Developer or Owner will receive reimbursement of expenses at a future time for Its construction of an extension of
a vrater or sewer service line across the frorltage of one or more benefiting parcels of land and such benefiting
parcels receive a value from the construction as a result of connecting to tity water or sewer service.
Line payback agreement notice means a document intended solely to provide notice of public infrastructure
Improvements constructed by others across the fronta^(s] of a benefitting parcel and ’that a Line Payback Charge
may need to be paid to the City In order to connect to dty water a sewer service in accordance .with a line
payback agreement
Une payback charge means the amount of money a property owner must pay to the City for Its share of all
construction and administrative.costs for water and/pr sewer lines benefiting Its parcel.
Maximum reimbursement amount means the amount of the ,total cost for that portion of the extension Of a
water or sewer line from which persons benefited by the extension, other than the developer, will,be sen/ed.
Multi-family. Residential means more than one (1).dwelling unit Is serviced by a singe water meter and Is
connected to a sewer or septic system.
Multi-family Residential, Comrnerclql, Industrial and Non-Resldentlal Landscape/Irrigdtionmeans any
unoccupied open area whldi is not connected to a sewer or septic system and excludes Single-Family Residential
Landscape/Irrigation.
Owner Within its meaning Is a person or or^riization, or designee, with recorded titie toone (1) or more lots,
parcels or tracts
Overslzlng agreemerit means a reimbursement payment to a developer for Installing, at the request of the
City> water or sewer lines that are larger In diameter than what is necessary to provide service to the property.
Potable water means any water which Is safe for human consumption pursuant to the standards set by the
Arizona Department of Environmental Quality.
Publicly Owned Treatment MtorksfPOTWj means a treatment works as defined by Section 212pf the Act
which Is owned by the C|ty or another municipality and includes any devices or systems used in the collection,
storage, treatment recycling and reclamation of sewage or industrlalwastes of a liquid nature and any
conveyances which convey wastewater to a.treatmentplant.
Public potable water distribution system means the portion of the of the water distribution system that Is
owned by the City but does not Include the water service line.
Right-Of-Way means land Which by deed, conveyance, agreernent, easement, dedication, usage or process of
law is reserved for" of dedicated to the general public for street; highway, alley, ptibllc utility, Or pedestrian
walkway purposes.
Single-family Residential means one (1) dwelling unit is serviced by a single water meter in which a single
family typically resides and may be connected to a sewer or septic system.
Water and/orsevver ea^ment means property Which is dedicated to the City, in whole or In part for access to
water and/or spwer llne(s).ahd associated appurtenances.
water service line means the pipe extending between the main line off the publlcpptable water system and
the water meter.
Sec. 49-212. General policy.
(a) There is established a policy and orderly program for extension of the sen/ices and facilities of the City's
water and sewer system to senre and provide for areas Inside and outside of the City's corporate limits for
which City water or sewer service is available and to provide'for extension participation programs, the
Cretttd;-2925-10-27 10:51;M [ESTJ
(&pp. No. 79)
Page 104 of 122
Exhibit A
Resolution 13658
Page 104 of 122
develfipmeritof line paybackagreerrients, the collection of One Payback Charges, ah^ for cbrhpensating
developers when the City requests the oversizing of water and/or sewer lines. The elements of the extension
policy and program set forth In this article shall apply to all extensions of the City water and sewer systems.
(bj Any request for water or sewer extensions shall be made to the City's Water Resources Division. Upon
satisfactory compliance with the provisions of this article, the division director may authorize and execute a
line payback agreement, and/or an extension participation agreement arid/or an oversiiing reimbursement
agreement.
(c) The Cl^ vvlll not extend or allow water line extensions In unincorporated areas uriless one (1) of the following
conditions exist:
It Is beneficial to the Qty for water system Improvements which may Include:
I.
Water line looping to reduce the length of dead end water lines and Improve water quality.
II.
Flow Improvemerits to existing customers which may Include pressure and/or fire flow au^entation.
ill. Extenslon is approved by the Division Director.
Sec. 49-213. Plan.
Upon development of any property, area or subdivision within the City limits or of any property, area or
subdivision outside of the dty limits for which Cliy water or sewer service is desired and available, the developer
shall:
(1)
Submit a plan for the water and sewer systems prepared by a professional engineer licensed In this
state.
(2)
Comply with all applicable City standards and design policies.
(3)
Obtain approval of the plan from the CI^.
Sec. 49-214. Extensions.
(a)
Before an encroachment permit Is Issued for the extension of any water or sewer llnefo serve any privately
owned real property, the Developer or Owner desiring sqch extension shall subtnit the following:
(1)
Adiagram of aliproperty which,will be benefited by any line to be Installed,
(2)
Astatement that the City acquires ownership of arry llne and appurtenances upon completion and
acceptance of the work by the City.
(3)
A statement that the City's cost for Inspecting the work shall be paid by the developer dr owner
through the Issuance of an encroachment permit,
(4)
If required, any easements or similar property rights necessary to install the water or sewer line.
(b)
The informatlon required In paragraph (1) of subsection (a) necessary to complete^the permit shall be
provided by the Developer or Owner at their expense.
(c)
Once all City requirements are secured, construction of the water or sewer line construction may begin.
Sec. 497215. Line payback agreements.
(a) Thirty (30) days prior to start of construction of an extension of any water or sewer line to serve any privately
owned real property with a Single-Family dwelling, a Developer or .Owner desiring a line payback agreement
with the City shall provide the following to the Water Resources Division.
CrMted: 20JS-ie-27:18;51;M [EST]
(Supp. No. 79)
Page 105 of 122
Exhibit A
Resolution 13658
Page 105 of 122
(1)
An 11-Inch by 17-Inch size copy of the approved plans,
(2)
Three Independent bids that contain the contractor's Itemized construction costs for the water or
sewer line extension, and the engineering design and permitting costs. The Developer or Owner of the
line extension ca nnot act as the Contractor.
I. The City may review all bid submissions, rejectany orall bids, and require that the process.be repeated
using bids submitted by different contractors. The Developer or Owner must ensure that bids
adequately represent the full extent of the anticipated contract requirements; Including facility'
locations and sizes, site constraints, material and labor quantities.
(3)
A diagram of all property which \VII( be benefited by the line Installed Including the assessor's parcel
numbers, a legal description of each affected parcel, and frohtage lengths.
(4)
A formal request to the Q'ty on a form provided by the City for funding of the construction.
(b)
The.proposed line payback agreement shall state to whom reimbursement shall be made and shall Include a
diagram of the pmperties and respective amounts of the Line Payback Charges proposed to be collected
from each property based on the cost per linear foot of frontage or such other equitable method of
spreading the costs as the drcumstances may dictate. The agreementshall also state the applicable payback
Interest rate as set forth below.
(c)
Proposed line payback agt^ements shall state.the cost of water or sewer lines Installed by a Developer or
Owner from which others may be served. All Invoices show/ing related costs for the water or sewer line
extension such as construction, design, plan review and managerhent fees shall.be submitted to the Water
Resources DIvIsIon.ln writing by the Deyeloperor Owner and must be determined to be reasonable based on
current circumstances. The Water Resources Division has sole discretion In determining whether a submitted
cost Is reasonable and applicable to the extension.
(d)
Subject to any guidelines or policies that rnay be implemented by the VVater Resources Division, Developer
or Owner shall notify all benefitting parcel property owners by certified or registered mall that construction
of a water or sewer line .will occur and a line payback agreement will be assigned to each benefitting parcel
that will be recorded with the County Recorder upon the project completion. This Initial notification to each
beneflning parcel shall Include tire following:
(1)
A letter explaining the line payback assignment
(2)
The proposed line payback agreement and line payback agreement notice with Information on the
benefitting parcels and the respective costs of the future reimbursement
(3)
if the property owner of a benefitting parcel requests a hearing the property owner must submit a
written request for a hearing to the Water Resources Division wlthlri thirty (30) days of the date of
mailing the notice. The basis for requesting a hearing must be one of the following: objection to cost
allocation or required code procedure not followed. The notice shall contein the address and
Idehtificatlon of a person or position designated by the Division to receive requests for a hearing
(4)
Within five days following this mailing Developer or Owner shall submit to the City all certified mall
receipts and a copy of at least one (1) of the signed notification letterjsj verifying this mailing. If no
request for a hearing Is received by the VVater Resources Division within the time allowed, the Division
may accept tiie proposed payback agreerrient as final.
(5)
If a request for hearing Is received from one or more affected property owners. the Division shall set
the date, time, and locPtlon'of an administrative hearing on the proposed agreement: The City shall
provide all affected property owners with notice of the hearing.
(6)
The Division Director will hold an administrativehearing at the stated date and time to establish each
benefitting property's share In the costof the Improvements associated with the requested payback
(Supp.No.79)
Created: 2023-19-27:10:51:54 [EST]
Page 106 of 122
Exhibit A
Resolution 13658
Page 106 of 122
agreement Any affected property owner may appear and be heard at the hearing [per valid objections
listed in this subsection (d)(3}, At the conclusion of the hearing, the Division Director may accept the
line payback a^eement as proposed or modify the allocation of percentages based on Information
received at the hearing. The division director shall issue a written decision within ten (10) business days
of the conclusion of the hearing and a copy shall be mailed or emailed If requested to each affected
property owner.
(7)
Any affected property owner who appears at the hearing may appeal the determination of the Division
Director to the Qty Manager by submitting a Notice of Appeal to the Water Resources Divisipn within
ten (10) business days of the date when the Director issues a witten decision.. The City Manager or
designee may review the Division Director's decision based on Informatlpn and testimony subrhitted at
the hearing or may. In their discretion, accept any additional information or testimony. If a notice of
appeal Is not timely submitted, the Dh/iston Director's decision shall become final, if an appeal Is timely
submitted, the decision of the Qty Manager On appeal shali be final.
(8)
Once a decision Is final, the results shall be used by the Water Resources Division to determine the
maximum reimbursement amount to be Included In the line payback agreement. The Developer or
Owner or assignee shall receive Line Payback Charges within the payback period only from those
property owners who receive a benefit from the line the Developer or Owner Installed.
(9)
The City will prepare both the line payback agreement and assignment and have notice of each
recorded with the County Recorder.
(e)
Anyagreementprovldirigfbrfelmbursementofthe Developer orOwnershall runfora maximum payback
period of:
(1)
Ten (10) years after the date of acceptance of the line for agreements recorded before November 3,
2007,
(2)
Thirty (30) years for agreements entered between November 3, 2007 and June 30, 2018 and
(3)
Twenty (20) years after the date of acceptance of the line for agreements entered on or after July 1,
2018.
At the end of the maximum period, as determined by the City, a|I benefits or rights accruing.to the Developer
dr Owner shall terminate.
(f)
Within sixty (60) days after construction completion of an extension of any water or sewer line to serve any
privately-owned real property, with a Single-Family dwelling, the Developer or Owner desiring a line payback
agreement with the City shall provide the folipwing to the Water Resources Division:
(1)
Acopy of the "letter of acceptance" Issued by Water I nspectloti Services stating that the improvements
conform to the approved plans and spedficatlons.
(2)
An 11-inch by 17-Inch size copy of the approved as-built construction drawings indicating acmal
focllltles Installed.
(3)
Receipts identifying actual design and construction costs, and proof that payment was made by the
Developer.
(g)
Upon receipt of the .administrative charge defined in subsection (h) below and execution of the line payback
agreement, the City shall record the agreement with the Maricopa County Recorder, as to each.prdperty that
Is subject to the agreement together with a notice of payback, setting forth the terms of this agreement.
Once the payback charges or the maximum period has elapsed, the Qty will record.with the Maricopa
County Recorder a release of thedriginal notice of payback.
(Supp.No:79)
Created; 2U3-ie-27 UlSllM CEST]
Page 107 of 122
Exhibit A
Resolution 13658
Page 107 of 122
(h) The City shalltecord the collection of Line Payback Charges and payrfient of reimbursements. Sums collected
shall be paid In accordance with the terms of the agreement, and within ninety (90) days of receipt by the
City.
(I) Line Payback Charges shall Include an Interest rate applied to the stated atnount in the final line payback
agreement equal to the City's most recent water and/or sewer long term debt Issuance Interest rate,
calculated at the time the payback agreement is recorded. The Interest rate charges begin on the date the
line payback agreement Is recorded. This rate shall not change for the life of the reimbursement
requirement. The Division Director may retroactively reduce the Interest rate set forth In an existing payback
agreement In order to assure fairness and equitable Implemerrtation of the prograrn.
0) Benefiting parcels who elea to pay the entire amount.charged to such owner's parcel within sixty (60) days
of the payback agreement becoming final shall not be charged Interest Benefitting parcels who owe a line
payback charge to the City as a result of a connection tp the public system rnay remit line payba<^ charges in
five (5) annual irlstallments Including the Initial payment Such owner must remit at least twerity (20) percerit
of the line payback charges at the time of connection to the water or sewer service and Interest charges as
described in 49-215 (I) shall continue to acaue on any unpaid balance. In order to be eligible for Installment
payments, the Developer or Owner must agree to a voluntary lien on the parcels In accordance wl^ terms
and conditions approved by the Division. In addition, any balance due shall be subject to an annual
administration charge equal to one (1) percent of the total outstanding balance.
(k)
The City's cost of administration shall be paid by the Developer or Owner to the Qty prior to the execution of
the line payback agreement. This administrative charge shall be five (5) percent Of the total cost Incurred by
the DevejOper or Owner for the construction of the water and/or sewer lines from which persons other than
the Developer will be served. Administrative charges will be distributed equally among the properties
benefited If equal costs are applied to each parcelor based on the cost per linear foot of frontage.
(1) A maximum administration fee of $10,000 shall be set for water and/or sewer extensions that meet
eligibility oiterla for the Extension Participation Program In accordance with section 49-227(a)(2).
Sec. 49-216. Line payback charges.
Unless an Installment plan Is established In accordance with section 49-2151]), when an existing line Is to
provide water or sewer service to a developer or owner, the required line payback charge. Including all costs and
Interest, shall be paid to the GIty prior to:
(1)
The Issuance of a permit authorlzlrig connection to the public water or public sewer system.
(2)
The approval of a land division or land development.
No person shall extend Service from their tap to property for which a line payback charge has been recorded
but has hot been paid to the City without prior written approval from the City.
In the case of a parcel where the new line extends across Its frontage, the Division Director may waive the
payback charge against that parcel If (1) that parcel already receives service from the'Clty prior to the new line
extension, or (2) Is already subject to an existing, valid payback agreement resulting from a previous line extension.
In the case of where a Developer or Owner of a parcel Is required to extend a public line across more than
one frontage of Its parcel, the Division Director may modify or waive the requirement for the Developer or Owner
to be responsible for costs for more than one of the parcel frontages.
Sec. 49-217. Assignability of agreements.
Any Developer or Owner may assign the benefits arising out of any vvater or sewer line payback agreemerit
with the City, but any such assignment shall not relieve the developer or owner of its duties and obligations under
(Supp. No. 79)
Creited; 2023-18-J7
[EST]
Page 108 of 122
Exhibit A
Resolution 13658
Page 108 of 122
the agreement. The assignment shall require the priorwrlttenapprovalof the Water Resources Division In
accordance with section 49-227.
When the City makes payment to the developer or owner for an extension participation program, the
developer or owner will assign to the City Its rights arising out of the applicable water or sewer line payback
agreement up to the extent Of the amount of the City Participation.
Sk. 49-218. Line payback agreements for main or trunk extensions by City.
If the aty elects to Install, Increase In size, or extend a water or sewer line across benefiting parcels. It shall
be entitled to prepare a line payback agreement with Itself as set forth In this article.
Sec. 49-219. Minimum requirements for lines.
Prior to connection to City water or sewer sen/lce, a developer shall install a minltinurh of an eight-inch sewer
main or an elghWnch water main If required along the entire frontage.of the parcel. In addition, corner parcels or
other parcels with multiple frontages may be required to have or provide City sewer or water service lines along
both or all frontages of ^e parcel. If the Water Resources Division determines that line extension Is not
practicable, the requirement for City water or City sewer service may be waived. See Code Sections 49-215 and 49-
227 regarding line paybacks and City participation program.
The division director may also waive the requirement that a developer construct a water or sewer line along
the entire frontage of a parcel If the City, in Its sole judgment, determines that the water or sewer line should not
be extended or Is not needed to provide sen/lce to users beyond the property.
Sec. 49-220. Oversizing agreements.
Oversized lines may be required by the Qty to adequately support current or future water demands or
wastewater flows. In such Instances, the following applies:
(1)
If the aty requires that a line larger than that required by the applicant to serve their property be
Installed, the City may pay for the cost difference between the size the developer or owner requires
and the size the City requires, provided there are sufficient funds In the capital Improvements budget;
should there not be sufficient funds, the aty shall have no responsibility or requirement to pay for
oversizing and, the extension of the line cannot be Installed unless the developer or owner pays, both
the cost of the line arid the cost for oversizing. Oversizihg costs are not reimbursable through Line
Payback Charges or the extension participation agreement
(2)
If the City will pay for oversizihg, the City and Developer or Owner shall enter Into an oversIzIng
agreement that shall set forth the proportionate costs to be paid by the City and the developer or
owner.
(3)
An agreement may be entered into at the City's option to consider the additional cost of oversizing as a
prepayment of a portion or all ofthe development fees required In sections 49-74 and 49-74.1.
Sec, 49-221. Dedication of right-of-way.
No public water or public sewer facilities shall serve any parcel of land Unless the fadlltles are located within
a dedicated easement or Right-of-Way.
(Supp. No. 79)
Creited; 2B23-10-27
[EST]
Page 109 of 122
Exhibit A
Resolution 13658
Page 109 of 122
'l
Sec. 49-222. Parent of admlnfstratlve costs.
Separate accounts shall be established for all exterislon monies paid to the City for eventual reimbursement,
tothe developer or owner. Authorized employees shall make payment In accordance with the terms of the
executed line payback agreement
Sec. 49..223. Wastewater treatment plants.
The 91St Avenue Wastewater Treatment Plant Expansion Facility Plan, dated February 19,1980, which was
declared to be a jjubllc record by the provisions of Resolution No. 2060 Is adopted by reference.
Charter reference(s)—Adoption by reference, art 7, § 12.
State law reference(s)—Adopdpn by reference, A.R.S. § 8^01 efseq.
Sec. 49r224. Eirtensiqn requirements for water and sewer lines.
(a)
When a public water of sevuer line is avallable tp the nearest corner of the property being developed
(including but not limited to land development or land divislori), the line shall be extended to sen/e the
property, and may be eligible for extension participation (Section 49-227) at the discretion of the Division
Director. The following conditions must be met:
(1)
The line shall be extended across all frontages of the property. The Division Director may also waive
the requirement thata developer construct a water or sewer line along the entire frontage of a parcel
If the Division Director determines that the water or sewer line should not be extended or Is not
needed to provide service to users beyond the property.
(2)
The developer or owner Is responsible for all costs to construct the water and/or sewer line.
(3)
Prior to a land division, the llneshall be extended across the original parcel frontage.
(b)
If the requirements.are met, the developer or owner may request the following:
(1)
Applicable oversizing (Section 49-220) and line payback agreements (Section 49-215) per this article.
(2)
Request consideration for a City extension participation program (Section 49-227).
(c)
When a City permit has been Issued to extend a water line within six hundred sixty (660) Feet or a sewer line
within five hundred (500) feet of the nearest corner of the property beltig developed, and a public Water or
sewer line is determined to be available, that line shall be extended to serve the property. The provisions of
subsections (a)(1) and (2) and subsections (b)(1) and (2) apply.
(d)
When a public water line Is located greater than six hundred sixty (660) feet or a.sewer'line Is located greater
than five hundred (500) feet from the nearest comer of the property being developed, but Is otherwise
available, that line may be extended to serve the property up to and across all frontages of the property. The
provisions of subsections (a)(l] and (2) and subsections {b)(l) and (2) apply.
Sec. 49-225. In-lleu payments.
rcqulfomontj^
The City may authorize Collection of an In-lleu payment for CCTopllanoe with pn oxtonolo _____
|ror^feiand/dr{off;SltSwater;and/qr. sewer,infra'structure;lmprovementsasreq'ulred,td*servlcetheisubJect
qevelppment^.fufoie developmen^ v^ the City solely determines such action Is appropriate. Payment shall be
made based on current costs of capital prc^ecfs and Include appropriate deslgn> constmctlon, administration, and
ihspectioh fees and a contingency.
(Supp. No; 79)
CrMted; 2e23-l»;27 19:51:55 [ESTJ
Page 110 of 122
Exhibit A
Resolution 13658
Page 110 of 122
)
Sec. 49-226. Approval of public extensions.
The City must approve the design, engineering, and construction of all extensioris to the .GIty's water and
wastewater systems provided for under this artlcle. Each public extension shall be designed and constructed so
that the system may be readily expanded and, where feasible, connected to other lines In the City's system.
Sec, 49-227. Extension participation program.
If a Developer or Owner Intends to extend a water ahd/br sewer line, and Intends to enter into a line
payback agreementiwlth the City, the Developer or Owner may request that the City corislder accepting an
assignment of a line payback agreement In return for funding a designated amount of the line payback agreement
City funds for the extension participation program are distributed on a flrst^ome first-served basis and are subject
to avaliabill^.
(a)
Eligibility:
(1} The City participation program will be available for applicable public water main and/or sewer
collection line extensions accepted by the City on or after November 3,2007.
(2)
The program Is limited to Developers or Owners that extend to available public water and/pf
sewer lines to provide service to a Single-Family residence. New subdivisions, commercial, Multi-
Family, condominiums, land divisions and industrial developments are not eligible. The City's
extension partidpatlon reimbursement shall not exceed twe-tlifee hundred and-4fty thousand
dollars ($3S03m,000) per.proJect,,lf funds are available. The City may consider extension up to a
maximum reimbursement oftwppirro hundred fifty thousand dollars (S35e|^,000.00) If funds
are available:
(3)
A Developer or Owner must submit a written request as application fpr inclusion In the extension
participation program to the Water Resources Division prior to ponstruction as set fprth In
^tion 49-215. The written request shall Include the contractor's Itemized.constructloncostsfor
the water or sewer line which will senre as a basis for eligibility. The City shall then process the
request vylthin sixty (60) days of receipt arid make a decision based on eiigiblll^ and funds
availability. The application date shall be that date.oh which the wrlben request Is received by
the Water Resources Division. The decision concerning eligibility by the Water Resources Dlylslon
Is final.
(4)
If the Developer or Owner Is determined by the Oty to be eligible for the City participation
program, but there are rio funds available for the remainder ofthat budgetyear, the
Developer's/Owner's eligibility shall be carried over Into the next budget year. Funding for the
new budget year shall begin In chronological order thereafter, beginning with the oldest and
proceeding to the most recent application date. Nothing contained herein shall be construed as
requiring funding in the new budgetyear if there are no funds available for the program. If
funding Is available, the Qty shall.attempt to tontact the Developer or Owner at the mailing
address listed on the appllcadon. If the Developer or Owner falls to notify the City of Its
acceptance of.the offer of funds within one hundred eighty (180) days after the date of the
notice, the Offer of funds wilfbe considered withdrawn and the funds will pass to the next eligible
Developer or Owner In chronological order. The Developer orOymershall keep Its current
mailing address on file with the Water Resources Division. The Qty shall have no obligation to
make any efforts to locate the current mailing add ress of the Developer or Owner, and may rely
on the rnost current mailing address on file with the Division.
(b)
aty portfc/potfbn. aty participation, if approved, shall be conditioned on the following;
Created: 1023-10-27 .le:Sl:SS [EST]
(Supp. No. 79)
Page 111 of 122
Exhibit A
Resolution 13658
Pagein of 122
(1)
The-Deyeldper or Owner is Initially responsible for all costs to construct the lines.
(2)
The Developer or Owner shall prepare and submit to the City those Items described and
complete any required processes as set forth in section 49-215 {a)(l) through (d)(9)i
(3)
If funds are available,
(I)
The City will reimburse the Developer or Ow/ner for the applicable costs associated with
each line payback agreement up to a maxlitium amount oftw^t§M hundred fifty
thousand dollars ($25^^,000.00) for water and sw^^ hundred fifty thousand dollars
($aso§00,000.00) for sevyer line extensions.
(II)
The Developer or Owner will assign ownership of the line payback agreement to the f3ty to
the extent of the amount of City Participation and the agreement will be re-recorded
showing the City as the recipient of the Line Payback Charges.
(4)
If funds are not available:
(I) The Developer or Owner can delay its proposed construction, or
(ii) The Developer or Owner can request to be placed on a waiting list until funds become
available and prcxeed to construct lmprovements'(lf the developer or owner elects to
pro^d. It Is at their own risk), or
(5)
The City will not make payment of any accrued, but unpaid interest,to a developer or owner
wheri the City accepts assignment of a line payback agreement
(6)
If the amount of the City Participation (as established In acpprdance with section 49-221) is less
than the total amount of the payback agreement established (in accordance with the procedures
set forth In section 49-215) Developer shall execute a partial assignment of the payback
agraement to the City in the amount of the City Participation. Thereafter, If the dty collects a line
payback charge ^om a behefltted parcel pursuant to the payback agreement, the amount
collected for the payback charge shall be reimbursed,to both the City and the Developer on a pro
rata basis In the same.proportion that the City Participation amount bears to the total amount of
the payback agreement
(c) Funding. Nothing contained herein shall be construed to require that funds will be available durlngany
budget cyde.
Secs. 49-228-49-230. Reserved.
ARTICLE VI. INSPECTIONS
Sec. 49-231. Authority to enforce standards.
(a) The division director of Water Resources shall enforce the pnavislons of this chapter, and be may appoint
such assistants. Inspectors or other employees as are necessary to carry out the functions of the Water
Resources Division and to enforce the previsions of this chapter. The division director of Water Resources is
hereby authorized and directed to make Inspections of users' water systems in the normal course of Job
duties; or. In response to a complaint that an alleged violation may exist; or, when there Is reason to believe
that a violation of this chapter has been or Is being committed. If the premises or building in Which the users'
water system Is located Is occupied, the dlylsiph director of Water Resources shall present credentials to the
occupant and request entry. If the premises orbullding Is urioccupled, the division directorof Water
Resources shall first make a reasonable effort to locate the owner or other person having charge or control
Crtated: 2n3-U-27 .ie:Sl:5S [EST]
(Supp. No. 79)
Page 112 of 122
Exhibit A
Resolution 13658
Page 112 of 122
of the premises or building and request entry. If entry Is refused, the division director of Water Resources
has recourse to every remedy provided by law to secure entry.
(b) When the division director of Water Resources shall have first obtained a proper Inspection warrantor other
remedy provided by law to secure entry, no owner; occupant, or person having charge, care, or control of
any premises or buildingshall fall or ne^ect, after proper request is made as herein provided, to promptly
permit entry herein by the division director of Water Resources for toe purpose of Inspection and
examination pursuant to this chapter.
Secs. 49-232—49-240. Reserved.
ARTICLE VU. WATER CONSERVATION
DIVISION 1. WATER CONSERVATION
Sec. 49-241. Deflntdons.
The following wofds. tertns and phrases, wheri used iri this article, shall.have toe meanings ascribed to them
in this section, except where toe context clearly Indicates a different meaning:
Account Rolder means toe person, persons or entity in whose name a City water service account Is
established in abcordance with toe procedures set forth in this Chapter.
Active Recreational Area means ati area designated and primarily used for br^nlzed sports such as softball,
baseball, football, soccer or a similar related sport other than golf courses. Including ail amenities related to the
activity,
VlDWA rneans the Arizona Department of Water, Resources.
Approved means accepted by the Division as either meeting an applicable specification stated or cited In.tols
chapter, or suitable for toe proposed use.
BacHfiow means toe. reversal of toe normal flow of water caused by either backpressure or back siphoriage.
Bac/^ow Prevention A^embfy meats an Approved Assembly or means designed to prevent the reversal of
toe normal flow of water caused by either backpressure or back siphonage.
Blight means conditions Including, but not limited to, landscaped areas thatare characterized by bare dirt,
dead, damaged, or patching plant growth and/or lack of maintenance, and any other similar condition of neglect
Code means the Scottsdale Revised Code.
Commerclal/Industrtaland Non-Residential means all customer classifications serviced by awater meter,
except Single-Family Residential and Multi-Family Residential and are connected to a sewer or septic system
DistributionS/stem means the rietwork of conduits used to deliver Potable Water from the source facilities
to the user's water supply system.
Division means the City of Scottsdale Water Resources Division.
Division D/rector meahs the DIvIsloriDIrector of Water Resources or deslgnee.
Drought Management Plan means a plan to manage supply and demand when'a,water shortage occurs,when
supply is reduced and/or stressed due to an intemuption of supply that is outside the control of toe City.
(Supp. No. 79)
Cr«ttd: ie23-10-J71B;51;55 [EST]
Page 113 of 122
Exhibit A
Resolution 13658
Page 113 of 122
/.ot means a legally created parcel of land occupied dr Intended for occupancy by dn'e (1) or mofe main
buildings together with accessory buildings.
Modelftqme means a facility used exdiislvely for the promotion and sale of homes similar to the model.
Multi-family Residential means more than one (1) dwelling unit Is serviced by a single water rneter and is
connected to a sewer or septic system.
Person means an Individual, partnership. Arm, company, corporation, association, limited liability company,
joint stock company, trust,estate, governmental entity, or any other legal entity, or Its le^l representatives,
agents or assigns. This definitipn Includes all federal, state, and local govefnmental entitles, ■
Pptob/e Woter means any water which Is safe for human consumption pursuant to.the standards set by the
Arizona Department of Environmental Cluality.
RIght-of-Way means land which by deed, corweyance, agreement easement dedl<atiqn, usage or process of
law Is reserved for or dedicated to the generai publlc for street highway, alley, public utility, or pedestrian
wall^ay purposes.
Single-Family Residential means one (l) dwelling unit Is serviced by a single water meter in which only a
single family typically resides and may be Connected to a sewer or septic system.
Turf means a surface layer of earth containing grass with Its roots.
Water feature means any fountain, pond, water course, waterfall, or other artificial water structure of any
kind,filled or refilled with water from any source other than a swimming pool.
Water Intensive landscaping means an area of land that |s watered with.a pemtianent wafer application
system and planted primarily with plants not listed In the Phoenix AM A Low Water Use Plant List Included Isthe
totaisurface area of all water features (i.e. swimming pools of any size, water features, ponds, water courses,
watertells, and other artificial water structures) filled or refilled with water from arry spurCe,
Water Waste means the non-benefidal use of water provided by the City water supply system.
Sec. 49-242; Limitation on water features for Commercial/lndustriai, Non-Residentiai and
Muiti-Farnily Residential developments common areas.
(a)
Any person Installing a water feature must provide a water feature plan Including plan and profile drawings
with dimension details to the City and obtain a permit before commencing construction.
(b)
The new water feature plan must be approved by the Wafer Cpnseryatiqh Office prior to oomnienclng
cqnstructlqri.
(c)
No person shall place Into operation after July 1, 2016, any water feature that either sprays water Into the air
In a fine mist or sprays or drops Water Into the air In excess of six (6) feet In,vertical height from ground level.
(d)
Water features must not be greater than ten (10) fpet In any direction.
(e)
Water features shall only be operational during normal business hours and shall be equipped with an
automatic timer.
(f)
Water features must use potable water unlefe approved by the Water Conservation Office.
(1)
Landscape Irrigation water Is prohibited.
(2)
Use of reclaimed water must be approved by the Water Conservation Office.
(g)
Discharge of Water Into the Right-of-Way Is prohibited.
(h)
Water features location and siting shall;
Created: 1629-10-27 ie:Sl:SS [EST]
(Supp. No. 79)
Page 114 of 122
Exhibit A
Resolution 13658
Page 114 of 122
(1)
Allow for sl^Ificant environmental enhancement fo ori-site usere, used fo cool surrounding area and
mask objectionable noises. (Allowable examples: courtyards and restaurant seating areas.)
(2)
Not be visible from the street public or private that can be used by the public and seen by vehicular
traffic and must be outside of City Rlghts^f-Wfay.
(3)
Water features must not be located within parking lots, turn arounds, or other paved area used
primarily for motorized vehicles;
(4)
Allow for each water feature to be situated In a separate area of the property and not be visible from
another water feature.
(I) Water features must be:
(1)
Designed to use equipmentand materials that will tnlnlmize leakage throughout the life of the water
feature.
(2)
Desired and Installed vvlth a reduced pressure principle backflow prerventlon assembly as per the
curretit standard detail adopted by the Qty of Scottsdale Standards and Spedflcatlons Committee.
(3)
Designed with catch basins that will maximize the amount of water recirculated.
(4)
Equipped with wind shut-off valves to reduce Ovet-spray.
(5)
Equipped with recirculating pump.
(6)
Separately metered If using more than one thousand (1,000) gallons of water per day.
(I) Exclusions from requirements cjf this Section:
(1)
Any system that Injects or drops water Into the air solely for the purpose of cooling a confined air space
when approved by the Water Conservation Office.
(2)
Water parks fOr persons or pets with a tithed feature that runs Only wheti people or pets are present.
(3)
Water features located Indoors.
Sec. 49-243. Water cohservatioh rebate programs.
(a)
The Division Director shall administer this conservation program.
(b)
To qualify for a rebate, the Account Holder must satisfy the fpllowlng requirements:
(1)
Comply with the procedure stated In the most current rebate application formavailable from the
Water Consen/atlon Office.
(2)
Own the property or have written permission from property owner.
(3)
Apply and receive .a rebate for a property that receives City water or vvastewater service.
(4)
For installation of devices or material provide proof of purchase, and Installatlpn at the property that
receives City water or wastewater service.
(5)
For removals allow for In-person Inspections by the Division Director or designee to verify eligibility
during normal business hours prior to removal. Account holder must allow for required In-persOn
inspections or forfeit rebate funds.
(6)
For removals and installations allow for an In-pefson inspection to verify project completion and
requiremerit cornpllance.
(c)
All rebates will be paid In the form of a cred it applied to the property's active Account Holder unless
otherwise designated. The total dollar amount of rebates issued In any fiscal year shall not exceed the
Creittd; 20J3-19;27 10:51:55 [EST]
(Supp. No: 79)
Page 115 of 122
Exhibit A
Resolution 13658
Page 115 of 122
mawmum amount of funds budgeted for such rebates. The Qty reserves the right to adjust the amounts Of
the rebates and has no obligation to adjust rebated amounts from previous years or to fund rebate progr^ams
In future fiscal years.
(d) Rebate prograrhs available:
(1)
Toilet The rebate for Multi-Family Residential and Commercial/Industrial and Non-ResIdenBal common
areas of a residential developnient Is limited to the actual cost of the toilet, or two hundred-fifty
dollars ($^0:00) per" toilet, whichever Is less, and are limited to one:hundred (100) toilets per property
per year up to the total number of toilets Installed or) the property whichever Is less.
(2)
Urinals. The rebate for Multl-FatTilly Residential and Comrrierclal/lhdustrial and Non-Residential
common areas of a residential development is limited to the actual cost of the urinal or two hundred
dollars ($200.00) per urinal, whichever Is less and are limited to.fifty (50) urinals per property per year
up to the tptal.number of urinals Install^ on the property, whichever Is less.
(3)
Wafer Managemerit and Effldency.Technology. The rebate contains two sections; (a) Sln^e-Famlly
Residential and (b) Multi-Family Residential and Commercial/Industrial and Non-Residentlal common
areas of a residential development.
a.
Single-Family Residential: The rebate arnount Is limited to the actual cost of a smart water
monitoring leak detection device or one hundred dollars ($100.00) per device, whichever Is less,
and limited to one (1) smart water monitoring leak detection tool per property.
A qualifying device requires all the following characteristics:
I.
Automatically records water usage at a minimum of five-minute Intervals, and
II.
Automadcally alerts'or notifies users of unusual water usage including spikes In usage and
continual flows, and
III.
Provides custorners with a platform to view their water consumption data.
b.
Multi-Family Residential and Commerclal/lndustrlal and.Non-ResIdential common areas of a
residential development: The rebate amount Is limited to'50% of the actual cost of the project
and is available In One of two options:
Option 1: No more than ten-thousand dpilars ($10,000.00) per rebate per property for a Water
Management and Efficiency Technology rebate. Properties are limited to one (1) rebate per year
and a tcital of tvro (2) rebates.
Option 2: NO rriore than twenty thousand dollars ($20>000.00) per rebate per property for Water
Management and Efficiency Technology. Properties are limited to one (1) rebate.
Rebates can Include qualifying devices up to the number of meters on the property as mentioned
In 49-243 § 3A above, but may also.lndude additional devices If they Incorporate any of the
following ajements:
I.
A piece of technology or part of a technological system that Is designed to save water for a
specific piece of equipment, or process.
II.
Incorporates a platfonn to view water consumption and usage alerts or the ability to tie
Into an existing building management of dmilar system as appropriate.
Rebated equipment and projects must have a mlnltnum life expectancy of five (5) years.
Multi-Family Residential and Commencial/lndustrial and Non-ResIdential common areas of
a residential developnient project exarhples Ihdude, but are not llnnlted to, remote read
cboljrig tower controllers, water and leak monitoring and detection hardware.and
associated technology and sub-metering technology.
Crerted; 2ra3-ie-2710;51;55 [EST]
(Supp. No. 79)
Page 116 of 122
Exhibit A
Resolution 13658
Page 116 of 122
(4)
Showerhiiids fbr Mulp-Fatnify Residential and Commercidl/Industrial and Non-ReSidential common
armspfa resIdmtialdeveidpmentThe rebate for Installing a WaterSense labeled showerhead Is
limited to the actual cost of the showerhead or twenty-five dojlars ($25.00) per showerhead,
whichever Is less. Rebates are limited to one hundred (100) shbwerheads per property per year up to
the total number of showerheads installed bn the property, whichever is less.
(5)
Pool and Spa removal for Single-Family, resldentlalcustomers. The rebate Is for the removal of
functloriing In-ground swimming pools. The rebate amount Is four hundred dollars ($400.00) plus two
dollars ($2,00) per square foot of water surface area for the pool and associated spa, and Is limited to
rio more than one thpusarid five hundred dpllars ($1,500.00) per rebate. Properties are limited to one
pool removal rebate.
(6)
Turf to Xeriscape Conversion. The rebate Is for conversion of Turf dominant landscapes to xeriscape.
The rebate contains two (2) sections; (a) Slngle-Fanrill.y Resldentiai and (b) Multi-Family Residential and
Cpmmerciai/industrlal and Nbn-Residentlal cpmiribn areas of a residential development
a.
Slngle-Farnlly Residential: A minimum of five hundredX500) square feptof Turf removal and
Installation bf City approved low water use plants and landscape. If the removal results In the
complete ellmlnadon of Turf from the property, the minimum square feet requirement will be
waived. Water Conservation staff or designated representative must verify eligibility,prior to Turf
removal. The rebate amount Is two dollars ($2.00) per sq uare foot of Turf remoyed and jimlted to
no more than five thousand dollars ($5,000.00). P'rbperties are limited to two (2) rebates.
b.
Multi-Family Residential and Compiercial/lndustclal and NbrvResIdentlai common areas of a
residential development: Landscape plan apprbval by Planriing and Develppment Services must
occur prior to Turf removal. The rebate amount Is two dollars ($2,00) per square fcxjtpf Turf
removed.
Np more than forty thousand dollars ($40,000) per property for a minimum of twp thousand
(2,000) square feet pf Turf removed. If the removal results in the complete elimination cjf Turf
from the property, the minimum square feet requirement will be waived. Properties are limited
to one (1) rebate per year and a total of two (2) rebates.
Turf conversion adjacent to a street or sidewalk adjacent to a street Is eligible for an additional
rebate In the amount of five dollars ($5.00) per linear foot of Turf removed located along .a street
or sidewalk adjacent to a street and limited to.no mote than an additional ten thousand dollars
($10,000.00) total per property and must be approved by the Water Conservation Office.
Properties are limited to one (i) rebate per year and a totel of two (2) rebates.
(7)
Frorit Yard Code Compliance Mitigation Assistance Rebate. The rebate Is for Single-Family Residential
properties for the installation of decomposed ^anite for front yards that are Blight with sparce turfed
areasor where the Turf is no longer viable. The rebate is five hundred dollars ($500.00) per property.
Properties are limited to one (1) rebate and this rebate cannot be combined with the Turf to Xeriscape
Conversion Rebate,
(8)
Irrigation controller. The rebate Is for Installing a riew WaterSense labeled Irrigation controller. The
rebate amount per SIngle-Famjly Residential property Is limited to the actual cost of the Irrigation
controller or two huridred fifty dollars,($250.00) and Is limited to one (1) Irrigation controiler per
property. Rebates'fcir Multi-Family Residential and Commerclal/lndustrial.and NOn-ResIdentlal.
common areas of a residential development are limited to the actual cost of the irrigation controllers
or a maximum of four hundred dollars ($400.00) per controller, whichever Is less and limited to fifty
(50) Irrigation controllers per year up to the total number of Irrigation controllers Installed on the
property, whichever Is less.
(Supp. No. 79)
Crated; 2023-18-27 ■10;51;55 [EST]
Page 117 of 122
Exhibit A
Resolution 13658
Page 117 of 122
Sec. 49-244. Reserved.
Sec. 49-245. Limitation on water Intensive landscape/turf areas within new Non-Residentlal
facilities.
(a)
The following types of facilities shall limit the water Iritensive landscape/ Turf area within the lahdscapable
area to the following perceritages:
(1)
Schools^FIfteen (15) percent of total lot All of the remaining area shall consist of plants listed on the
ADWR low-water use plant list
(2)
Churches—Twenty-five (25) percept of total.lot All of the remaining area,shall consist of plants listed
on the ADWR low-water.use plant list.
(3j ftesorts (Including hotels and motels)—Ten (10) percent of the first nine thousand (9.006).square feet
and eight and one-half (8.5) percent of the remainder of the. total lot. At least nlnety-five.(95) percent
of the remalnlngarea shall consist of plants listed on the ADWR |ow-water u^ plant list.
(b)
Designated active recreational areas shall not be considered as part of the lot and shall not be considered In
determining compliance with this restriction.
(c)
Cemeteries-Seventy-five, (75) percent of their total operating facility area, excluding parking lots. Expanded
portions of a cemetery are excluded If the ownership of the expanded portion is the same ownership as the
cemetery as of December 31,1984.
(d)
Schools, cemeteries, golf courses, common areas of housing developments and public recreational facilities
with water intensive lahdscape/Turf greater than or equal to ten (10) acres are exempt from this provision
because they .are regulated as a large Turf facility under the current ADWR management plan for the Phoenix
Active Management Area.
V
Sec. 49-246, Limitation on vvater intensive landscape/turf acreage for new multi-farnily
residential and commercial/industfial and non-residential users.
(a)
All new commercial users apd new Industrial users shall limit water Intensive landscape/ Turf area to the
following perCeritege:
(1)
If the area of the lot Is nine thousand (9,000) square feet or less, the water intensive landscape/Turf
acreage shall be lltnited to an area equal to ten (10) percent of the total lot.
(2)
If the area of the lot Is larger ,than nine thousand (9,000) square feet but less than or equal to forty-
three thousand five hundred sixty (43,560) square feet (one (1) acre), the water-intensive
landscape/Turf area shall be limited to an area equal to ten (10) percent of the first nine thousand
(9,000) square feet and five.fS) percent of the remainderof the lot If the tota| lot exceeds fbriyrthree
thousarxi five hundred sixty (43,560) square feet rxi additional water-intensive landscape/ furf
acreage shall be permitted.
(b)
For residendal common areas, the water Intensive landscape/ Turf area shall be limited to ten (10) percent of
tile first nine thousand (9,000) square feet and five (5) percent of the remainder of the lot If the total lot
exceeds two hundred seyeriteen thousand eight hundred;(2i7,80p) square feet or five (S):aCTes, no
additional water Intensive landscape/ Turf area shall be permitted. Excluded from this calculation shall be
areas used for Active Recreational Areas.
(cj All plantmaterial used (excluding those In the water Intensive landscape/Turf area) must be low water-use
plants listed on the ADWR most cuifentlow water use plant list
Crated; 2e23-19-27 ie;51;55 [ESTJ
(Supp.No.79)
Paee 118 of 122
Exhibit A
Resolution 13658
Page 118 of 122
(d) No water tntensive landscape/ Turf shall be permitted In the publlcRIght-of-Way.
Sec, 49-247. Limitations bn model home landscaping.
(a) All new Single-Family Residential model homesshall limit their water Intensive landscape/Turf area to the
following percentage of the total lot area:
(1)
If the area of the lot Is nlne.thousand (9,000) square feet or less, the water Intensive landscape/Turf
square footage shall be limited to an area equal to ten (10) percent of the total lot.
(2)
Ifthearea ofthe lot Is larger than nine thousand (9,000) square feetbut less or equal to forty-three
thousand five hundred sixty (43,560) square feet (one (1) acre), the Turf area shall be limited to an area
equal to ten (10) percentof the first nine thbusand (9,000) ^uarefeetand five (5) percent ofthe
remainder of the lot area. If the total lot area exceeds forty-three thousand five hundred sixty (43,560)
square feet, no additional Tuff area shall be permitted.
(bj Water Intensive landscape/Turf shall only be located In rear yards.
(c)
All plant material used (excluding those In the water intensive landscape/ Turf area) must be low waterTUse
plants listed on the ADWR most cument low water use plant list
(d)
No water Intensive landscape/Turfshall be permitted In the Right-of-Way.
Sec. 49-248. Limitation on water iritensive landscape/turf areas on new Single-Family
Residential homes.
(a) FOr any new 5ingle-Famlly Residential home Issued a building permit or\ or, after August 15,2023, Water
Intensive landscapeAurf shall only be located In rear Or side yards that are fully enclosed with a fence or
wall that Is minimum of three feet In height.
(b) Subsection A shall not apply to Single-Family Residential homes already permitted or oanstructed
prior to August 15,2023,
Sec; 49-249. Leakag^, escape of water prohibited.
(a)
No Person shall willfully or negligently allow or cause the escape or flow of water from the water, user's
plumbing system or potable water Irrigation distribution system In such a quantity as to cause flooding,
Impede vehicular or pedestrian traffic, create a hazardous coriditlon to such traffic; or reuse datnage to City
RIght-of-Way, through failure or neglect to properly operate or maintain any Irrigation structure, delivery
ditch, or waste ditch for any period of time after such an escape of water should have reasonably been
discovered and corrected.
(b)
No person shall willfully or negligently fall tpaccept flood Irrigation water after It has been ordered Or fall to
malritaln proper landscape grading to retain water on property.
(c)
No person shall flood Irrigate property In a manner which results In the overflow of Irrigation waters.
Sec. 49-250. Violations.
(a) Fora first yloiation of any provision of thlssectlpn, tee Cify shall Issue a written riotice of first violation and
• provide eduraljonal materials on water conservation. Including a copy of the relevant prpylslphs of this
chapter, to the Account Holder violating the provisions ofthls section. The City shall give the Account Holder
a reasonable period of time to correct the violation.
Cr«it»d; 2023;i»;j7 10:51:55 [EST]
(Supp. No. 79)
Page 119 Of 122
Exhibit A
Resolution 13658
Page 119 of 122
(b)
For a second violation of any provision of this section, the City shall Issue a written, notice of iecohd violation
delivered by certified mail to the Account Holder requiring correction of the violation within a reasonable
period of time.
(c)
For third violation of any provision of this section, the City shall Issue a written notire of third violation to the
Account' Holder imposing a fifty’dbllar ($50.00) fine. The tine shall be added to the Account Holder's account
Failure to pay any portion of an Account Holders account iticludihg any fines Imposed pursuant to this
section, shall subject said account to termination of water sen/lce in accordance with the provisions of this
section.
(d)
For a fourth orsubsequent violation of thIs;sec«on, the City shall impose a fine equal to twice the average
monthly billing for the Immediately preceding six-month per'Iod fbr tiie meter through.which the.wasted
water was supplied. The fine shall be added to the Account Holder's account Failure to pay any portion of an
Account Holder's account. Including any fines Imposed pursuant to this section, shall subject said account to
termination of water service, in addition to any fine Imposed, tfie City may also terminate water senrice to
the Account Holder. The Oty shall not restore service until the.DIvIslon Director has determined that the
Account Holder has provided reasonable assurances that future violations of this chapter by such Account
Holder will not occur. In addition, the Division Diredor may require a security deposit.
Sec. 49-251. Conservatipn waivers.
The Division Director may grant a waiver from indoor conservation code requirements, but only when the
special character of a structure necessitates It, such as when a building has official historical status.
Sec. 49-252. Right to hearing.
Any person against whom a penalty Is levied under this article VII or who objects to a City decision under
article V of chapter 49 shall have a right to a,hearing before the DJvIsiori pirector. The request for hearing must be
made to the Division Director and rhust be received no later than forty-five (45) days after the penalty is levied or
the firial written decision is made. Once the request for hearing has been acknowledged by the Gty, payment of
the penalty charge or action op the final decision Is not required until a determination Is made. The hearing shall
not be conducted in accordance with the formal Rules of Evidence. Testimony niay be taken under oath, with the
right to Cross-examine witnesses. The declslonof the Division pirectbr.shall be final.
DIVISION 2. DROUGHT MANAGEMENT
Sec. 49-253. Scope.
The provisions of this division shall apply to all persons, customers, and property served by the Division.
Sec. 49-254; beclaratlon of policy.
It is hereby declared tiiat because of the conditions sometimes prevailing In Arizona, the general welfare of
the GIty requires that the waste or unreasonable use, or unreasonable method of use of water be prevented.
Water waste is a pufalic.nulsanoe, especially in times of drought.
Sec. 49-255. Purpose.
The City will use intensive public education to. assist customers impacted by the drought or shortage to
understand the drought stage and the dty's need for voluntary or required compliance to water conservation
"
'
^
Cruted: 2e23;ie;27:ie:51:» [EST]
(Supp.No;79)
Page 120 of 122
Exhibit A
Resolution 13658
Page 120 of 122 .
measures. In addition to.educaUon, the City may use enfprrement measures to curb Water misuse. No person shall
use, or allow the use of, City water resources for purposes contrary to,this article or the Drought Management
Plan. A copy of the "Drought Management Plan" Is available in the City Cleric's Office or the Adminlstrative Offlces
of the Division.
Sec. 49-256. Cfty Manager; drought management plan implementation.
(a)
The City;Manager shall direct the DIvisicin Director to promulgate the Draught Management Plan previously
approved by the, Qty.Council containing regulations setting forth the criteria for implementatibn and
termination c}f various water use reduction stages.
(b)
The City Council or the C|ty Manager Is authorized to declare a draught In accordance to the most recent
Drought Managemerit Plan approved by City Council.
(c)
Such declaration may designate the entire area served by the Division, or a portion of It If the shortage Is not
system-wide.
(d)
Upon declaring a drought or shortage, the City Manager may direct the Division to linplemehtthe
appropriate stage of the Drought Management Plan and ask for recommendation for corresponding
regulations as prescribed In the Drought Management Plan. The City Manager may update these shortage
stage regulations from time to time, (e) in accordance Wiith the Draught Management Plan, The City Manager
or City Council may termiriate the Stage of a ,drought declaration when the Division Director advises that the
conditions that triggered It no longer exist.
Sec. 49-258. Notiflcation and publication.
If It Is determined that the health and safety of the City dictate Implementing any of the stages of the
Drought Management Plart, above stage zero>,notificatlon, shall be published In a paper of general drculation, to
educate the public about the need for the plan and give them notice of conservation regulations and requirements
of the applicable stage of the plan. A copy of the Drou^t Management Plan shall also beavallable for inspection at
the CIty.Clerk's office, and the'DivIsIon administrative oflloe during normal business hours.
Sec. 49-259. Enforcement.
(a)
The City Manager dr designee shall have autiiprlty to take actions to enforce any mandatotV elements that
are part of the Drought Management Plans.
(b)
The City may Impose a surcharge on water consumed In excess of the amount prescribed, by the most recent
Drought Management Plan approved by City Council.
(c)
A written hotice shall be placed on the property \^eh a violation occurs, ,and.a duplicate mailed to the
Account Holder responsible for the service to.the property where the violation took place. The notice shall
describe theviolatlon and order that'Tt be abated immediately.
(d)
For subsequent violations, the CIty Manager or designee may request the Issuance of citations In accOrdanoe
with the provisions of SRC § 49-33 through 49-40,
(e)
Funds generated by the fines shall be used to mitigate tine Impact of the drought.
Sec. 49-260. Prohibition of mandatory tiirf conditions by owner's associations.
A. No property owner's association, homeowner's association or association as. defined In Arizona Revised
Statutes Title 33, Secdon 1802 shall require as a condition of cOmpllaritK, with the governingdocurherits that
Crested; 20J3-19-27 1B;51:55 [EST]
(Supp. No. 79)
Page 121 of 122
Exhibit A
Resolution 13658
Page 121 of 122
Its unit owners or mefnbers over-seed or otherwise irrlgateturf between the period of October 1 of each
calendar year to Manch 1 of each successive year.
B.
No such'assoclatlon shall require as a condition of compllanceiwlth the governing documents that Its unit
owners or membere maintain any minimum amount of turf on such unit owneris or member's lot.
C.
Provided, however; this section shall not be construed to prohibit such assodatlons from enforcing minimum
maintenance standards set forth In the applicable governing documents accept as expressly limited herein.
D.
Any requirement In the gtwernlngdbcuments of such association In contravention of this section shall be
deemed Ihyalld and unenforceable.
Excluslonfrom requirements of this Section:
Turf areas where the property owner's association; homeowner's associaticmpr association waters the turf
through a permanently Installed, Communityowned Irrigatipri system that irrigates rtiore than qne (1)
dvvelling unit
(Ord. No. 4567, §1, 9-20t22)
Secs. 49t261, 49-262. Reserved.
Sec. 49-263. Variances.
Variances to drought plan previsions may be granted at the:dIscretion of the City Manager or designee,
Account Holders requesting a variance must apply ln writing to the Division and demonstrate speclarcircumstances
such as health and safety needs or obligation cf ccmtracL
Sec. 49-264. Limited exerhptlon to restrictions for users of reclairned water.
To the extentthey.are exempt from the Drought Management Plan, users of effluent shall c|early post
notices stating that the water being used Is hot from the public drinking water supply, arid Is In conformance to
Drought Management P|an in force at the tithe.
DIVISION reserved
Secs. 49r265—49-269. Reserved.
DIVISION 4. RESERVED
Secs. 49-270-^49-272. Reserved.
(Supp.No.79)
Crested-; 2ej3il0;27;ie;51:S5 [EST]
Paeel22ofl22
ExhibitA
Resolution 13658
Page 122 of 122
ORDINANCE NO. 4708
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY, ARIZONA, AMENDING PORTIONS OF CHAPTER 49
OF THE SCOTTSDALE REVISED CODE, REGARDING WATER, SEWERS,
AND SEWAGE DISPOSAL
WHEREAS, the City of Scottsdale desires to continue to accommodate community
heeds for utility services without decreasing current standards of public health; and
WHEREAS, the City desires to adjust the current fees to provide water and sewer
service in the City of Scottsdale to meet present and increasing demand and recover costs
using a fair and proportionate structure.
WHEREAS, the City further desires to amend the provisions of Chapter 49 to provide
clarity of language and improve the Operations of the Water Resources Division of the City.
BE IT ORDAINED by the Council of the City of Scottsdale as follows:
Section 1.
Chapter 49 of the Scottsdale Revised Code, relating to Water, Sewers, and Sewage
Disposal is amended in accordance with the provisions of Resolution No. 13658 with an outline
of the provisions that may be affected below:
ARTICLE II - MUNICIPAL WATER SYSTEM
DIVISION 1.-GENERALLY
Sec. 49-16 - Definitions.
Sec. 49-18 - Interruption of service; street work.
Sec. 49-21 - Connection and meter installation fees.
Sec. 49-24 - Maintenance and testing of water meters.
DIVISION 2. - USER RATES AND CHARGES
Sec. 49-46 - Adjustments for defective meters, leaks, etc.
Sec. 49-48 - Metered domestic rates.
Sec. 49-50 - Hydrant and construction meters and water hauling.
DIVISION 3. - BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL
Sec. 49-58 - Purpose.
Sec. 49-59 - Backflow prevention required.
See. 49-60 - Hazard potential.
Sec. 49-61 - Backflow prevention assemblies; approved list.
Sec. 49-62 - Backflow prevention assemblies required.
Sec. 49-63 - Backflow assembly installation - Requirements; location.
Sec. 49-64 - Installation for fire sprinkler systems.
Sec. 49-65 - Inspections; maintenance; records.
Sec. 49-66 - Discontinuance of water service; notice.
Sec. 49-68 - Plan review.
Sec. 49-70 - Reserved.
19092562
Ordinance No. 4708
Page 1 of 2
ATTACHMENT 2
ARTICLE III. WATER AND WASTEWATER DEVELOPMENT FEES.
See. 49-75 - Authority for development fees.
ARTICLE IV. - SEWAGE COLLECTION, PRETREATMENT and TREATMENT
DIVISION 3. - USER RATES AND CHARGES
Sec. 49-141 - Rates and user charges.
ARTICLE V. - WATER AND SEWER EXTENSIONS AND REIMBURSEMENT AGREEMENTS
Sec. 49-225 - In-lieu payments.
Sec. 49-227 - Extension participation program.
As provided in that certain document known as amendments to “Chapter 49, Scottsdale
Revised Code - WATER, SEWERS AND SEWAGE DISPOSAL”, a paper and electronic copy of
which is on file in the office of the City Clerk, which document was made a public record by
Resolution No. 13658 of the City of Scottsdale, Arizona, and is hereby referred to, adopted, and
made a part hereof as if fully set out in this ordinance.
Section 2. If any section, subsection, sentence, clause, phrase or portion of this
ordinance or any part of the code adopted herein is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions thereof.
Section 3. The effective date of this Ordinance, as it relates to the amendments to
Chapter 49, of the Revised Code of the City of Scottsdale, sewer/water reclamation rates and
miscellaneous rates and charges is July 1, 2026.
Section 4. The effective date of this Ordinance, as it relates to the amendments to
Chapter 49, of the Revised Code of the City of Scottsdale, water rate (volumetric and base)
charges is November 1, 2026.
PASSED AND ADOPTED by the Council of the Citv of Scottsdale this
dav of
_________________2026.
CITY OF SCOTTSDALE, an Arizona municipal corporation
By:
Lisa Borowsky, Mayor
ATTEST:
By:
Ben Lane, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
-uis E. Santaelra, City Attorney
By: Karen Tyler, Principal Assistant City Attorney
19092562
Ordinance No. 4708
Page 2 of 2
ORDINANCE NO. 4709
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SCOTTSDALE, MARICOPA COUNTY, ARIZONA AMENDING
CHAPTER 24, SOLID WASTE MANAGEMENT OF THE
SCOTTSDALE REVISED CODE
WHEREAS, the City of Scottsdale desires to continue to accommodate community needs
for solid waste services without decreasing current standards of public health; and
WHEREAS, the City of Scottsdale further desires to amend the provisions of Chapter 24
to adjust the current fees to provide solid waste services in the City of Scottsdale to meet present
and increasing demand and recover costs using a fair and proportionate structure;
BE IT ORDAINED by the Council of the City of Scottsdale that the following amendments
to Chapter 24 of the Scottsdale Revised Code are hereby approved to be effective as of July 1,
2026;
Section 1. Chapter 24 Solid Waste Management, Section 24-31 of the Scottsdale
Revised Code is amended as follows, with strikethroughs indicating deletions and shading
indicating additions:
Sec. 24-31. Service charges, residential refuse and recyclable material generators.
(a)
When refuse collection service is made available, a monthly charge shall be imposed upon
all residential refuse generators in the sum of thirty one dollars and seventy eight cents ($31.78),
thirty two dollars and forty two cents ($32.42), plus any additional fees, taxes, or charges,
regardless of how they are designated, which are or may be imposed by the state or federal
government, or by a regional authority, in respect to either individual or municipal action relating
to this chapter. Except as provided in subsection (h), the basic monthly charges as described
herein shall apply regardless of the nature and extent of services actually provided to a property
by the city.
(b)
In case of a multiple-dwelling unit, the charge shall be billed to the owner of the premises
or to his authorized agent who shall be liable for the payment thereof.
(c)
Any residential refuse generator who is serviced by the city's curbside recycling program
and who acquires additional refuse containers provided by the city for convenience, shall
purchase such containers and shall pay an additional fee of sixteen-doUaFs-and thirteen cents
($16.13) sixteen dollars and forty five cents ($16.45) per month for the collection of each
additional refuse container.
(d)
Any residential refuse generator refusing to participate in the city's curbside recycling
program and who acquires additional refuse containers provided by the city for convenience, or
who is required to do so pursuant to section 24-17, shall pay the fee provided in subsection (a)
for collection of each container.
(e)
Additional refuse containers purchased pursuant to subsections (c) and (d) shall remain
the property of the purchaser.
Ordinance No. 4709
Page 1 of 5
19109883
ATTACHMENT 3
(f)
Charges for first and final bills with billing periods more or less than one (1) month shall
be prorated.
(g)
The director may discontinue monthly service charges to a property if the director
receives notice from the owner of the property, in writing, that the structure or structures on the
property have been permanently abandoned, or receives notice from the city or county health
officer that the structure or structures on the property have been condemned as not habitable,
or unsanitary and dangerous to human life.
(h)
Any residential refuse generator whose property will be vacant for six consecutive months
or more may request a temporary suspension of collection services, pursuant to section 49-23 of
this Code. Upon receipt of the refuse generator's signed acknowledgement form as set forth in
section 49-23(b), the city will waive all basic monthly refuse collection service charges for the term
of the vacancy. Collection service will resume upon the residential refuse generator paying an
administrative account establishment fee.
(i)
If the city determines that the service is nonetheless being used, it may resume billing.
Section 2. Chapter 24 Solid Waste Management, Section 24-32 of the Scottsdale
Revised Code is amended as follows, with strikethroughs indicating deletions and shading
indicating additions;
Sec. 24-32. Service charges, commercial refuse and recyclable material generators.
(a)
Commercial Refuse Front Load Containers:
The rates below reflect the monthly service cost for each respective combination of
container size and collection frequency per week.
Container Size
Cubic Yard
Coiiection Frequencies
1
2
3
4
5
6
2
$122.22
$117.52
$244.45
$235.05
$366.67
$352.57
$488.90
$470.09
$611.12
$5»7t62
$733.34
$705.14
3
$131.48
in
126.42
$262.96
$252.85
$394.44
$379.27
$525.92
$505.69
$657.40
$632.12
$788.88
$758.54
4
$141.17
$135.74
$282.33
$271:47
$423.50
$407.21
$564.66
$542.94
$705.83
$678.68
$846.99
$814.41
5
$150.06
$144.29
$300.13
$288.59
$450.19
$432.88
$600.26
$577.17
$750.32
$721.46
$900.39
$865.76
6
$159.32
$153.19
$318.64
$306.-39
$477.96
$459^^58
$637.28
$612.77
$796.60
$765.97
$955.92
$910.46
8
$172.97
$166.31
$345.93
$332.63
$518.90
$493.94
$691.87
$669-26
$864.84
$831.57
$1037.80
$997:89
Additionai refuse containers of two or more wili be discounted a fiat ten (10) percent; discount appiied to least
expensive container/pull combined bill._____________________________________________________
19109883
Ordinance No. 4709
Page 2 of 5
(b)
The following additional fees shall also be charged, as applicable:
(1)
One hundred sixty dollars ($160.00) for delivery of any special event front loader
container.
(2)
A one-time charge of one hundred seventy dollars ($170.00) will be charged for
installing a locking latch on a container.
(c)
Charges to commercial refuse generators shall also include any additional fees, taxes, or
charges, regardless of how they are designated, which are or may be imposed by the state or
federal government, or by a regional authority, in respect to either individual or municipal action
relating to this chapter.
(d)
When two (2) or more commercial refuse generators share a container in common, one
(1) of the following may be elected:
(1)
The service charges will be billed to the customer requesting the initial service at
the regular rate indicated in the rate structure. Businesses sharing a container shall be
responsible for making any cost sharing arrangements between or among themselves, as
applicable.
(2)
The shared rate will be divided equally among and billed directly to each business
establishment. Each business establishment is responsible for the storage and disposal of
its own refuse and shall contract with the city or a private company for refuse removal
and disposal. (Title 18, Arizona Administrative Code).
(e)
Charges for first and final bills with billing periods more or less than one (1) month shall
be prorated.
(f)
Commercial Recycling Front Load Containers:
Container Size
Cubic Yards
1
2
Collection Frequencies
3
4
5
6
2
$96.72
$193.44
Q
186.00
3
$101.65
$97.74
$203.31
$195.49
4
$106.61
$-102.51
$213.23
$205.03
6
$116.48
$112.00
$232.96
$224.00
8
$126.39
$121.52
$252.77
$24-3.05
(g)
Commercial Recycling Plastic Carts:
Container Size
1
2
Collection Frequencies
3
4
5
6
90 Gallon
$14.87
$14.30
$29.75
$29.41
300 Gallon
$48.64
$46;77
$97.28
$93.54
19109883
Ordinance No. 4709
Page 3 of 5
(h)
Commercial Manure Front Load Containers
(1) Commercial front load containers for disposal of manure or similar forms of
animal or livestock waste may be made available by the City at a rate equal to the regular
applicable Commercial Refuse Front Load Container rate multiplied by two.
Section 3. Chapter 24 Solid Waste Management, Section 24-33 of the Scottsdale
Revised Code is amended as follows, with strikethroughs indicating deletions and shading
indicating additions:
Sec. 24-33. Service charges, commercial roll-off service.
(a)
Commercial Refuse Roll-Off Containers:
Container Size
Refuse Fee
Tonnage Included
20 Cubic Yards
$677.09
$651.05
3 Tons
30 Cubic Yards
$677.09
$651.05
3 Tons
40 Cubic Yards
$677.09
3 Tons
Tonnage Rate
$50.70
$^19.23
>3 Tons
Compactor Surcharge
$59.49
$57.20
(b)
The city will provide roll-off services to commercial businesses, subject to the provisions
of this chapter, when requested to do so. A commercial roll-off container is available for the
purpose of depositing construction waste or other materials generated by activity on the site. The
container shall be removed by the city, on a predetermined schedule or as requested by the
customer, and emptied at a disposal or other site. These actions are collectively referred to as a
"pull."
(c)
Charges to commercial roll-off customers shall also include any additional fees, taxes, or
charges, regardless of how they are designated, which are or may be imposed by the state or
federal government, or by a regional authority, in respect to either individual or municipal action
relating to this chapter.
(d)
When the demand for commercial roll-off service is high, the director of solid waste shall
exercise a daily fee of up to twenty three dollars ($23.00) per day for each work day (Monday
through Friday) following a period when the customer has not requested a pull for fifteen (15)
work days, for a maximum monthly fee of three hundred and forty five dollars ($345.00).
(e)
Any additional costs incurred by the city for the disposal of containers with loads of more
than three (3) tons shall be assessed an additional charge to the commercial roll-off customer of
forty wne-dollars and twenty three cents ($49t23) fifty dollars and seventy cents ($50.70) per ton.
Any compactor service will assess an additional charge of fifty seven dollars and twenty cents
($57.20) fifty-nine dollars and forty-nine cents ($59.49).
19109883
Ordinance No. 4709
Page 4 of 5
Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance
or any part of the Code adopted herein is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions thereof,
PASSED AND ADOPTED by the City Council of the City of Scottsdale this____day of
________________, 2026.
ATTEST;
CITY OF SCOTTSDALE, an
Arizona municipal corporation
By:.
By:.
Ben Lane, City Clerk
Lisa Borowsky, Mayor
APPROVED AS TO FORM;
OFFICE OF THE CITY ATTORNEY
Luis E Santaeil
Luis E Santaeila, City Attorney
By: Karen Tyler, Principal Assistant City Attorney
19109883
Ordinance No. 4709
Page 5 of 5
RESOLUTION NO. 13661
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY. ARIZONA, AUTHORIZING AND APPROVING
ADJUSTMENTS TO THE PLANNING & DEVELOPMENT SERVICES
DEPARTMENT FEES AND CHARGES.
WHEREAS, the Planning & Development Services Department collects fees and charges
for certain services associated with plan review, building permits, permits for wireless
communications facilities in the right-of-way, stormwater management and other fees related to
development processing; and
WHEREAS, the Planning & Development Services Department has reviewed those fees
and charges and has determined they should remain the same with the exception of new and
modified fees associated with land use case types established to meet new State law mandates.
New fees are proposed for accessory dwelling units, middle housing and multi-family conversion
(adaptive reuse). Modified fees are associated with land division case types.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Scottsdale. Maricopa
County, Arizona, as follows:
Section 1. The City Council hereby authorizes and approves the Planning & Development
Services Department to institute new and adjust fees to meet State law mandates per the amounts
stated in Exhibit “A,” attached and by this reference made a part of this resolution, all to be
effective July 1,2026, which shall supersede those currently in effect pursuant to Resolution No.
13391.
PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County,
Arizona this_____day of______ , 2026.
ATTEST:
CITY OF SCOTTSDALE, an Arizona
municipal corporation
Ben Lane, City Clerk
APPROVED AS40 FORM:
Lisa Borowsky, Mayor
LuisvS^ntaella, Interim City Attorney
By: Joe Padilla, Deputy City Attorney
19088826
Page 1 of 1
ATTACHMENT 4
Effective July 1,2026
Application Fee Schedule
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
Pre-Application
Records Packet
Abandonment of Right of Way
Single Family Lot
■-.Ml
mm
$131
$29
--- -
$2,409
AUOther AbandonrnentsjncludingSubdlvisiorvs - ; * : ^ ^
Annexation / De-annexation
$3*424
$2,972
Board of Adjustment
Appeal
:ZTles§entialVariance;(Sititegi|yLot) ' ‘1
All Other Variances
Building Advisory Board of Appeals
Commercial
Residential
Conditional Use Permit
Major
Minor
if
..........
$237
^^''•''$237
$1,873
,'^?r;4TV
$473
Kslo.charge
Development Agreement AppUcati^ jlg
Development Review ^RB)
New Construction
!f|3,656
$931
mmm
Revision (includes Replat)
Time extension
Development Review - Staff Approval
Accessory Dwelling Units (ADUs)
Multi-family Conversion (Adaptive Reuse)
Middle Housing
Preliminary Plat
i|f'^^^^'$2.309;
$700
$468
aSiSfiSiill
liiiiii
Smiii..
$2,309
..T".$2.3b9'
Master Plan
Major (includes new Master Sign Program/Community Sign District)
iyiinor
Amendment to Master Sign Program
j'^^Cuts/RUs..
Wash Modification
Time extension
General Plan Amendments
Major
Minor
Hardship Exemption
1;,
■i
$1,500+ $100 per lot
$1,362 per set
$468
iSiiz::$i3i'
$131
^i:;:$7oo
$700
^^^$5,975
CSjS’T-
$3,245
Planning and Development Services
7447 E. Indian School Road, Suite #105, Sco^dale,AZ 85251 ScottsdaleAZ.gov
Exhibit A
Resolution No. 13661
1of23
Effective July 1,2026
Application Fee Schedule
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search "Fees.”
CITY OF
SCOnSDALE
In-Ueu Parking
M inor Ame ndment
Reasonable Accommodation
- Reswenttei: ,:
:.....
All Other Reasonable Accommodations
Records Changes / Addressing Requests
Street Narne Change*
Address Change or Request - Residential*
Ad d ress Ch a n ge q r Req u est - C o rq rne rc i a I*
Special Exception ■ ■
;,
Water Analysis Review
....... $237
$237,
Si
Zoning District' Map Amendment..
Residential District
■ .....$237
$1,873
^^fCampUant to MAG Standards
$379
IkiZ :;::
$79:
$142
itilt$237:
$552
CommerciaL District
Industrial District
Mb^d-i^e District
Historic Property
Supplementa ry D istrict
Parking P'X
' ParMng.P-2 , ■
Western Theme Park
Open Space
Conservation Open Space
: ESLAmemlmen,s,oMap :
ESL Density Transfer
__ $ 1J57 + per a c re fee
Si' $3,251 + per acre fee
$3,251 + per acre fee
fei.LM.453 + per acrefee
No fee
3
IT
ESL Density Incentive iy ‘j
All other
Time extension/revision
Rezoning per acre
0-20
21-100
i«*a
_ $3,251 + per acre fee
$3,251 + per acre fee
..,.......$3,251 + per acre fee
$1,757+ per acre fee
$1,757 + per acre fee
.......... ..........$563
________ _
__ $3,251 + per acre fee
,
$1,757 +per acre fee
Underlying district fees only
mB:-
$1,105
101-600
600+ acres
ZoningltotAmendmiiSlii^^S^S^
Major
Minor
$132
$105
Set
$79
15';
$3,650
$1,336
Note: This fee schedule is not all-inclusive and other fees may apply.
Planning and Development Services
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 ScottsdaleAZ.gov
____________________________________ ■ ■
Exhibit A
Resolution No. 13661
2 of 23
Effective July 1,2026
Marshalling / Storage Yard
Fee Schedule
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees."
CITY OF
SCOnSDALE
Marshalling/Storage Yard
$1,578+ $0.25 per sq, ft. per week
If development goes beyond the applied time frame, another application fee applies $2,630 + $0.25 per sq. ft. per week
Note: This fee schedule is not all-inclusive and other fees may apply.
Planning and Development Services
::
. 7447 E. Indian School Road, Suite #105, Scottsdale. AZ 85251 ScottsdaleAZ.gov
Exhibit A
Resolution No. 13661
3 of 23
Effective July 1.2026
Plan Review Fee Schedule
Commercial
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
Commercial
Livable area with A/C
Covered area (non/^/C);
■ ^
Foundation Only i M
$0.54 sq. ft.
Wih: $0.34 sq. ft.
gT$0.54 sq. ft X 25% + $270
Shea Only
iii
Livable area with A/C
'Tr-:...
Covered area (non A/C)
rW:'-
$0.54 sq.ft.x95%
H;:,
.$0.34sq.ft
Commercial Addition
Livable area with A/C
Covered area (non A/C)
m.
mm
$0.54 sq.ft.
$0.34 sq., ft
Commercial Remodel/Tenant Improvement
Livable area with A/C
m-'rgmmmr
.
$0.54sq.ft.x30% -
...1,;.............. ............. ..... ...................
Apartments/Condos
.ItoabfsAreawiUfA/C '
Covered area (non A/C) __
.<.■
'■_
$0-34 sq.ft.
Engineering Review (per sheet)
....Civil and Improvement Plans $1,057
Preliminary Grading
^
Revision to Approved Civil and Improvement Plans;
$363
Easements - Dedications/Releases
$1,057
Landscape
Condominium Plat
ir:,:;::.::::.
Green Compliance Review
Commercial and Multi-Family (with exceptions)______
$1,057
$1,057
•.••VJT;
$0.10 sq. ft. (max $600)
Note: This fee schedule is not all-inclusive and other fees may apply.
Planning and Development Services
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 ScottsdaleAZ.gov
'■-if'-
'A-i'
Exhibit A
Resolution No. 13661
4 of 23
Effective July 1.2026
Plan Review Fee Schedule
Single Family Residential
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
Single Family Custom Homes
Livable area with A/C
Covered area (non /VC)
Fences
Retaining walls c4;f
,'I
■1
$0.54 sq.ft.
$0.34 sq.ft
$0.18 In. ft.
;$0.18ln.ft.
Single Family Addition I
Livable area with /VC
::
,n.n >vc,
wsm
$0.54 sq. ft.
$0.34 sq;. ft.
Single Family Remodel
Livable area with /VC
'mm/BmsMS-SM'':iK....
$0.54 sq.ft.x30%
Single Family Standard Plan
Livable area with /VC
Covered area (non-/VC)
• '.■.rr.jr.'S
Additional elevations (maximum 5)
■mm
Hi-.:,.
mmm
Engineering Review (per ehee.)
2^
$0.54 sq. ft.
$0.34 sq.ft.
^^^MtJJJeach
Civil and Improvement Plans
$1,057
Revision to Civil and Improvement Plans ,,'
$1,057
Easements - Releases
Final Plat - Row Designation (Requires Management Approval) '
^1*
M##’“Nofee
Miscellaneous Plan Reviews
Native plant
Fence only
Retaining walls only
Revision to approved plan^
Minimum review
Benchmark revision' ...
$121 per hour
$121 per hour + $0.18 In. ft.
$121 per hour + $0.18 In. ft.
*.-?>
$121 per hour
$121 per hour
$121 per hour
Note: This fee schedule is not all-inclusive and other fees may apply.
Planning and Development Services
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 Scottsdale/^Z.goy ^^
Exhibit A
Resotution No. 13661
5 of 23
Effective July 1,2026
Plan Review Fee Schedule
Miscellaneous
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
Miscellaneous Plan Review Fees
After 3rcl Review
Barricade Plan Review
Benchmark Revision
Dry Utility Review
Fence Only
................... .
..
M.-lf'-l............
m
m
Retaining Walls
l
50% of original fee
$121 per hour
$121 per hour
$121 per hour
$121 per hour+ $0.18 In. ft.
Minimum Plan Review
Minor Revisio ri to Approved Civil Plans (requires management approval) f
N at iye Pla nt Reyievy
.Pool.....
Plan Review Extension Request
Revision to Approved Building Plans '
Solar Review - Residential
Solar Review - Commercial
Update Expired Improvement Plans (with no changes requires management approval)
, ; $121 per hour + $p.18 Uru ft.
$121 per hour
a i $121 per hour
$121 per hour
$379
■ $121 per.hour
$168
$337
$121 per hour
t..x
. .r;...??...;..;....... .•
Plat Fees
1 RnalPla^
Certificate of Correction
$1,000
....................■........................................................................^ .........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recordation Fees (may vary based upon specific submittal)
- Maps Of Dadfoations/Raleasea &,Land DivlsionsrTZTTaliSaiMlIl^
Administrative fee
' $47
TFiratse,..... ............ ......
Additional set
_
_
$7.36 per sheet
.:::statidardsize(.8%x..........: . $21
Signs
0^20 sq, ft
..,.1 n...;:
iHiiiHnm
31 sq. ft & over
Revision
$39 per sign
ii::::T$84persign
$131 per sign
$121 per hour
Note: This fee schedule is not all-inclusive and other fees may apply.
Planning and Development Services
..... ..fjfl
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 ScqttsdaleAZ.gov ikJii
Exhibit A
Resolution No. 13661
6 of 23
Effective July 1,2026
Customized Expedited Plan
Review Program
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
Customized Expedited Ran Review Program:
Per the Planning & Development Services fee schedule, the fee is two times the amount for the type of
plan submitted.
For phased plan submittals, the base fee is considered to be phased plan review fee.
An additional 20% of the expedited plan review will be charged if a 3rd review is required.
Note: This fee schedule is not all-inclusive and other fees may apply.
Planning and Development Services ^
' '"8^^
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 Scptt^aleAZ.gov
a!:
Til
Exhibit A
Resolution No. 13661
7 of 23
Effective July 1,2026
Permit Fee Schedule
Commercial
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees."
CITY OF
SCOTTSDALE
/J-
Commercial Building Permit
Base fee
Area with A/C
Covered area {non /VC)
Certificate of Occupancy'^ ^
CIS fee
Lowest Floor Certificate Review
'1m
$237
-' $0.94 sq. ft.,
$0.54 sq.ft.
$195
$379
$363
Commercial Addition
Base fee
Area with/VC
Covered area (non A/C)
■ii SiMmmsm
$237
$0,943,:^
$0.54 sq.ft.
Certificaiaofoccupancy ^
....;$t?5
CIS fee
$379
^ Lowest Floor Certificate Review
Commercial Remodel {Existing) [
Base fee
Area with /VC
Covered area (non /VC)
Certificate of Occupancy f
$237
$0.54 sq.ft.
$195
Foundation Only
Base fee
Foundation
CIS fee
$237
$0.94 sq. ft.x25%
™
$379
Lowest Floor Certificate Review
Phasing Fee
__________________________________________________________ $363
!■-’-xv ;■
Planning and Development Services'
7447 E- Indian School Road. Suite #105. Scottsdale. AZ 85251 Scottsdale/^.goy 1
Exhibit A
Resolution No. 13661
8 of 23
Effective July 1,2026
Permit Fee Schedule
Commercial
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
Shell Only for Commercial &
Base fee
Area with A/C
Covered area (non A/C)
GISfee
Certificate of Shell
■SIS;
SBi®
$237
$0.94 sq. ft. X 95%
$0.54 sq.ft.
..
$379
$195
Lowest Floor Certificate Review '
CommercialXI. (New) & Multi-Family Build Out
Base fee
_
s
•13
$363
$237
mmss'
AreawithA/C
; iiSlgi
Covered area (non/^C)
$0.54 sq.ft.
HISS
Ce«mca,e 0, OcoupanoS*^^^*
...
Commercial Vanilla Shell
Base fee
Area with MC
Covered area (non A/C)
Ce rtrficate of Shell
as &
_
_ _
$237
gHi;5o.94sq.ft.x30%
$0.54 sq.ft.
-...Vltalls&Fencesalwaysrequirer^pa^^
Fence Walls
Base fee
Linear footage
■■■jv
..k:S
$0.27 In. ft.
Retaining Walls
. Basefee
Li near footage
___
i^P>37
$2.49 In. ft.
Note: This fee schedule is not all-inclusive and other fees may apply.
Planning and Development Services
7447 E. Indian School Road. Suite #105, Scottsdale, AZ 85251 ScottsdateAZ.gov il||j
Exhibit A
Resolution No. 13661
9 of 23
Effective July 1,2026
Permit Fee Schedule
Single Family Residential
To view the full schedule of Planning and Developnnent Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.’*
CITYOFfp*
SCOnSDALE
Single Family Custom
Base fee
Livable area with A/C
Covered area (non A/C)
Certificate of Occupancy
CIS fee
Lowest Floor Certificate Review
Single Family Remodel
Base fee
Livable area with A/C
Covered area (non A/C)
If
-..."..
• ^
$237
|i :: $0.94 sq. ft.
$0.54 sq.ft.
Mi.
$379
i¥:
'
$363
mmasmsmWTi
• >
-Vw}^r
: MfiwBmmmmmm
pk $0.94sq.ft.x30%
$237
x30%
$0.54 sq.ft.
Single Family Remodel with Roof Modification
Basefee
Livable area with A/C
Covered area (non A/C}
$0.94 sq. ft.x70%
$0.54 sq.ft.
$237
$237
Single Family Addition
Base fee
Livable area with /^C
_ _ ___ ___ ______ _________ _____ ___________________ __________
Covered area (non A/C)
$0.54sq.ft.
Cemflca,00,occupancy
t1S5
CIS fee
$379
■■■■ -........................................................................................................................................................................................................................................................................................................................................................................................ ...............................................................
Lowest Floor Certificate Review
Single Family Addition Loss than 500 Sq. Ft. ■,
Basefee
^
...........
Livable area with A/C ■
"■^$0.94 sq.ft.
Covered area (non/VC)
$363 special flood hazards area only
Lowest Floor Certificate Review
Planning and Development Services
7447 E. Indian School Road. Suite #105, Scottsdale, AZ 85251 Scottsdale/\Z.gov ^
iU
Exhibit A
Resolution No. 13661
10 of 23
Effective July 1,2026
Permit Fee Schedule
Single Family Residential
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
Single Family Detached Structure
Base fee
Livable area with A/C
Covered area (non A/C)
Certificate of Occupancy
CIS fee
I-
ammm
$237
$0.94 sq* ft.
$0.54 sq.ft.
Blu,:.$195
$379
Lowest floor certificate review
$363
mm
Single Family Standard Ran'' :
Base fee
UvableareawtthVC .
' '
Covered area (non A/C)
j ;t5% Admin Site Review Fee...
based on square footage
Certificate of Occupancy
$195
GISfee
$237
$0.94 sq.ft.
$0.54 sq.ft.
Lowest floor certificate review
Fence walls
Base fee
‘sSSi
$363
Linear footage
$0.27 In. ft.
........................
Retaining Walls
Base fee f
Linear footage
___________________________________________ $2.49 In. ft.
Note: This fee schedule is not all-inclusive and other fees may apply.
Planning and Development Services
|
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 ScottsdaleAZgov
: J
Exhibit A
Resolution No. 13661
11 of 23
Effective July 1,2026
Permit Fee Schedule
Miscellaneous
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaLeAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
Miscellaneous Permit Fees
Active Permits Records Change - Residential
Active Permits Records Change - Commercial
Administrative Site Review Fee
Annual Facilities Permit (renewals expire on 12/S1 of calendar year)
......................................................................
■^:S^T:Zr:...
...J;
$121
$195
20% Of sq. ft. / In. ft. fee
Pro-rated by date of purchase;
$5,349
January - March
^April-June
$4,092
July-September
$2,677
::::Oc»ber-December :
Building Permit Extension Request
$379
Demolition Permits :
Demolition Permit - Pool
industrial Racking Permit
Minimum Permit (one discipline)
Change of Occupant Permit
„
_
..........."
.^.i":
‘$379
$121
$379
$121
............................................................................ .................. ^...................................... ..........................................................................................................................................................................7............. ■.................... .
Minimum Combination (alldiscipUnes) -
Native Plant Permit
Native Plant Permit Modification
Native Plant Relocation Methodology
Off Hours Civil Inspections
Off Hours Building Inspections
On Site Grading
Pools & Spas Attached
Pools & Spas - Base Fee*
$37 + $1 for each plant affected + $237 base fee
;
affected + $237 base fee
$63
$379
$379
$121
/'■rr;,
■.
Pools & Spas - Planning Inspection Fee**
Refuse - Single Enclosure
Refuse - Double Enclosure
Reinspection
Stand Alone Spas
$0.61 sq. ft. + Planning Insp. Fee** + Base Fee*
$237
$195
:..;
$142 + Planning Insp. Fee** + Base Fee*
$305
$410
$121
Planning and Development Services
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 ScottsdaleAZ.gov
a:
r.
Exhibit A
Resolution No. 13661
12 of 23
Effective July 1,2026
Permit Fee Schedule
Miscellaneous
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
Solar Residential
Solar Commercial
Solar Water Heaters
Temporary Power Pole
Water Heaters (except solar> ;
■'
$168
$331
$90
$121
Signs
St
I
$63
wmmt
tad
Base fee (applied once per permit application, not per sign)
0-10sq.ft.:
11-20 sq.ft.
$237
$26 per sign
$168 per sign
:..*268 per Sign
21-30 sq.ft.
31 sq.ft, and over
.....:.................o.........................
. Temporary Banner ■
r. ,.^ ;
^
$363 per sign
$37
Note: This fee schedule is not all-inclusive and other fees may apply.
: 7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 ScottsdaleAZ.gov
Planning and Development Services
'■'il
Exhibit A
Resolution No. 13661
13of23
Effective July 1,2026
Civil Improvement Permit Fees Schedule
Permission to Work in Right of Way (P.W.R.) & On-Site Permits CITY OF
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
SCOnSDALE
IMPROVEMENT PLANS
The following inspection and permit fees are required for the specified improvements and must be paid in addition to all
other reauirod fees.
Unit
Item
1. BASE FEES - Multiple permit: if more than one permit is required for a single project, only the highest base fee shall be paid.
ROW Permit
Annual ROWpermit....................
Ove rsize/Overweight Permits (Single; Trip)
Oversize/Overweight Permits (30 Days)
Haul Permits
On-Site Permit
2. PAVING
Paying. Asphaltic concrete (base course)
mm
Per permit
^ Per permit .
Per permit
Per perrnit
Per cul3iG yard
Per permit
: Paying, Overlay ortop course of multicourse paving
Barricading (permanent - wooden)
JlGuard Rail ': ■ ; ■
"IZlSilliS*
Survey Monuments
__
■' Valve and manhole adjustments .- -
3. CONCRETE
_
_
.Driveways . ;
..... ...
Paving, Portlarid cernent concrete...........
m
... Spuareyard
...Square yard
Each
Linearfoot
Each
Each
mm
Square yard
Square yard
Square foot
Square foot
Linearfoot
Square foot
, Each
Decorative sidewalk or paving (Bomanite, Terrazzo, etc.) ;
i /
Sidewalk and bicycle path
Curb and gutter
......Valley gutter ............................................ ..... ........
Concrete apron including curb and/or wheelchair rampsiMIiHitl^i L
Scuppers & building drains
Each
Alley Surfacing (non A/C)
^ ‘
- Square yard
Cutoff walls
Linearfoot
............ .......................................... .................................. ....... ,
Slope protection (riprap, gabions^ gunnile, cPdbles, scour wall, etc.) Square yard
.4..DRAINAGE...................................,
...,................... ....... .... .............
Irrigation and storm drain pipe
,
-
* Linearfoot
Manholes
„...
Catch basins, headwalls, Irrigation, S.D. and water manholes
Each
Box Culvert........................ ............................................. .............................Linear foot
Drywells
.
.... Each
Underground Retention Pipe
5. WATER
WPtPrrDPiri...........................
Water service line
1.^.:
V.- Tv ■ .'•.■.•'T.
Linearfoot
Linearfoot
Linearfoot
$237
$2,719
$34
.....$79
$0^15
$237
$0.97
$0.34
$51
$0.54
$18.37
$29
$0.73
.$0.73
$0.34
$0,27
$0.49
$1.38
$36
$27
$0.27
$0.67
$1.22
$3.42
$174
$79
$53
$174
,$5:26
.$0.97
$0.73
Planning and Development Services
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 Scottsdale/^.gov :j £■1
Exhibit A
Resolution No. 13661
14 of 23
Effective July 1,2026
Civil Improvement Permit Fees Schedule
Permission to Work in Right of Way (P.W.R.) & On-Site Permits CITY OF
To view the full schedule of Planning and Development Services rates and fees,
CrQTTv|| Al f
please visit ScottsdaleAZ.gov and search “Fees.”
IMPROVEMENT PLANS
The following inspection and permit fees are required for the specified improvements and must be paid in addition to all
other reauired fees.
Item
5. VWVTER (continued)
Pipe encasements (in twenty-linear-foot sections)
Tapping sleeves and valves
Rre hydrants
-wJ
Borings........................
Unit
Fee
311
’Vault: meter / PRV
6. SEWER
Sanitary Sewer main
Each
Each
S3™" :...r- "'.......
. Each
Li near foot
Each
$26
$1.10
$110
$9,67
$158
" T-'i'Jsva
’ Linear foot
Sanitary Sewer taps and service
_ Linear foot
Sanitary Sewer manholes :Each ;
Cleanouts and drop cpnnections
Each
Sewer line television inspection
..
Linear foot
Pipe encasements (in twenty-linear-foot sections)
.
Each
Each
.. Lift stations
7. DRY UTILITIES
Underground bore or trench
Bore Pit
8. ':fillandcut : ::
■■
Less than 100 cubic yards _____ _________ _____ ___Cubic yards
$1.22
$0.73
: l' ;$110
.......... $68
. ;$0.89
$26
:iii$510
S i i Unear feet of bore or trench;
Each
-■’:r"rr‘Z
Ui: $0.61
$84
101 -10,000 cubic yards:
! 1,000 cubic yards
10,001 or more cubic yards... ........ „ _
... .........10,000 cubic yards....
9. MISCELLANEOUS
3" i3 ^ 3" J „
Streetlights ........................................... ................................. Each................
Traffic Signals
" : “'’SV*'!"?.
Per leg
Street Cut to payement less than 12 rnpnths old
^
Per square feet
Street Cut to pavement 12 to 24 months old
Per square feet
Street Cut to pavement 25 to 48 months old
^
..Per square feet
Sprinkler system, piping (for landscaping)
■■ Per linearfoot
Signs (regulatory, warning, street, etc.)...................
,
,
,
Each
... As-Buitts'....................... . :
Per permit .......
Stockpile
_
_ ....... Cubic yards
10. INSPECTIONS
-
' .
Planning
Per permit
. Off Hours
Per hour
Reinspections
Per inspection
No charge
$84
$379
$21
$542
$258
$158
$84
$0.34
$13
$389
$0.10
$195
$379
$121
Note: This fee schedule is not all-inclusive and other fees may apply.
fi
I
Planning and Development Services
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 ScottsdaleAZ.gov
■f
Exhibit A
Resolution No. 13661
15of23
Effective July 1,2026
Records Fee Schedule
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees."_________________________
CITY OF
SCOnSDALE
Unit
Item
1. COPIES (black and white)
8%”xir
more than 24
$0.26 ,
irxl?”
Each
$1.17
24’’X 36”
Each
$6.04
2. COPIES (color)
aveE’’xii’’
Each
$1.17
11’’x17’’
Each
$2.36
3. AERIALS
8V!!’’x11’
Each
$3.68
ll-x17”
Each
$5.78
4. AERIALS - Custom
Regular Paper - 30” x 36”
Each
$40
Photo Paper - 30” x 36”
Each
$75
5. TOPOGRAPHY - Map and Aerial
8 Vi” X 11 ”
Each
$5
6. TOPOGRAPHY-Map
8Vi”xir
Each
$2.31
15”x18’’
Each
$8.14
30”x36”
Each
$17.85
7. OFFSITE RECORDS BOX RETRIEVAL
Retrieve and Refile
Each
$6.04
Deliver
Each
$12.86
Staff Time
Per hour
$34.65
8. MICROFICHE IMAGED RECORDS COPIES
8’^”x11”
irxi7"
per sheet
$0.68
per sheet
$1.16
PDF Conversion
per case
$5.57
9. COMMERCIAL RECORDS RESEARCH fnon-refundabte)
Commercial Research Base Fee
Each
$105
Research (Staff Time)
Per Hour
$35
♦Current Production Cost
Note: This fee schedule is not all-inclusive and other fees may apply.
Planning and Development Services
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 ScottsdaleAZ.gov
Exhibit A
Resolution No. 13661
16of23
Effective July 1,2026
Stormwater Management
Fee Schedule
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITYOF^
uii ui-™^
SCOnSDALE
Appeal of Floodplain Administrator’s Interpretation of Special Flood Hazard Area Provisions
Appeal
$250
• t--
Variance from Floodplain Management Regulations in a Special Flood Hazard Area
Variance
Continuance (Applicant’s Request)
New Posting Required
..
.V
mmIf 1^4“’
V
Conditional Letter of Map Revision Review (CLOMR)
CLOMR (MT-I)
CLOMR {MT-2)
iamii
;v.\
$2,600
$50
il:;:: $170
mm
$880
ESS. *3.000
Le«er Of Map Revision Roviowa.ortR) '■
LOMR(MT-I)
$880
..:'^"rTiii;ii^i^^M^^*iEooo:
LOMR(MT-2)
:Stormwater Storage Waiver
^
:
In-lieu fee
$3.00 per cu. ft.
....... ; . ..............................................................................................................................
Stormwater Account Charge
___ ^
_____$8.10 per customer/per month
sewer Fund for O&M related to stormwater
*0.30
General Fund for O&M related to stormwater
$0.85
Drainage and Flood Control capital projects
$6.95
Note: This fee schedule is not all-inclusive and other fees may apply.
'.•T
Planning and Development Services
7447 E, Indian School Road, Suite #105, Scottsdale, AZ 85251 ScottsdaleAZ.gov
h'il
Exhibit A
Resolution No. 13661
17 of 23
Effective July 1,2026
Annual Fees For SWF & WCF
In The Right-Of-Way
To view the full schedule of Planning and Developnnent Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
..
Annual Right-of-Way Use Fees for Small Wireless Facilities
Small Wireless Facility (SWF) on City-owned Pole in the ROW
Antenna area 6 cubic feet or less with associated equipment 28 cubic feet or less.
A. $50.00 per SWF site per calendar year for use of the right-of-way.
B. $50.00 per SWF site per calendar year for the co-location of a SWF on a City-owned streetlight, traffic
signal pole or other City-owned wireless support structure.
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................■■..................................................................................................................
Small Wireless Facility (SWF) on a Third Party-owned Pole in the ROW
Antenna area 6 cubic feet or less with associated equipment 28 cubic feet or less.
$50.00 per SWF site per calendar year for the co-location of a SWF on a Third Party-owned utility pole
of wireless support structure in the ROW. Wireless provider shall provide documentation from the Third
Party poleowner authorizingthe use of the pole as a SWF.
Annual Right-of-Way Use Fees for non-SWF Wireless Communication Facilities (WCF)
Category 1 - WCF with antenna(s) mounted on an EXISTING vertical element or pole and any associated
ground equipment. Each WCF site will have an Antenna Base Fee of $4,997 for a WCF site on the ROW,
plus a Ground Equipment Fee (if applicable) for the cubic feet of ground equipment in the ROW, as set forth
below:
A. Total is 29 cu. ft. up to 50 cu. ft.
B. . Total is 51 cu, ft. up to 200 cu. ft.
C. Total is 201 cu. ft. up to 300 cu. ft.
D. Total is 301 cu. ft. up to 400 cu. ft.
E. Total is 401 cu. ft. or more
Antenna Base Fee
Included
$4,997
$4,997.........
.. ;;;
$4,997
Equipment Fee
Included
$9,479
$14,149
$18,889
$23,560
Total WCF Annual Fee
$4,997
$14,470 'v
$19,146
$23,880
$28,557
Category 2 - WCF with antenna(s) mounted on a NEW vertical element that is stealth or utilizes alternative
concealment when existing vertical elements are not available, and any associated ground equipment.
Each WCF site will have an Antenna Base Fee of $5,376 for a WCF site on the ROW, plus a Ground
Equipment Fee (if applicable) for the cubic feet of ground equipment in the ROW, as set forth below:
Antenna Base Fee Equipment Fee TotalWCF Annual Fee
A. Total is 29 cu. ft. up to 50 cu. ft.
B. Total Is 51 cu. ft up to 200 cu. ft
C. Total is 201 cu. ft. up to 300 cu. ft.
D. Total is 301 cu. ft. up to 400 cu. ft.
E. Total is 401 cu. ft. or more
Included
$5,376
$5,376
$5,376
$5,376
Included
$9,479
$14,149
$18,889
$23,560
$5,376
$14,854
$19,530
$24,264
$28,941
Planning and Development Services
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 ScottsdaleAZ.gov
Exhibit A
Resolution No. 13661
18 of 23
Effective July 1.2026
Annual Fees For SWF & WCF
In The Right-Of-Way
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
Annual Right-of-Way Use Fees for non-SWF Wireless Communication Facilities (WCF)
Category 3-WCF with antenna(s) mounted on a NEW vertical element that is neither stealth nor concealed
in appearance, and any associated ground equipment. Each WCF site will have an Antenna Base Fee of
$7,169 for a WCF site on the ROW, plus a Ground Equipment Fee (if applicable) for the cubic feet of ground
equipment inthe ROW, as set forth below;
A. Total is 29 cu. ft. up to 50 cu. ft.
B. Total is 51; cu. ft up to 200 cu. ft.
C. Total is 201 cu. ft. up to 300 cu. ft.
D. Total is 301! cu. ft. up to 400 cu. ft.
E. Total is 401 cu. ft. or more
Antenna Base Fee
Included
$7,1B9
$7,1^
.....:1$7,i69....;....
$7,169
Equipment Fee
Included
$9,479
$14,149
: $18,889
$23,560
Total WCF Annual Fee
$7,169
$16,648
$21,319
$26,058 , ; v
$30,734
Annual Fees for WCF in the ROW (Instructions) For Non-SWF Wireless Communication Facilities
The annual encroachment permittees for wireless communications facilities in the rights-of-way categories
above shall be administered according to the following rules:
1. The fee structure shall apply to the installation of any antennas, antenna structures, ground
equipment, electronics, cabinets, and other appurtenances required or associated with the operation
of a wireless communications facility (WCF) in the City’s rights-of-way (ROW).
a. All existing WCF in ROW that have been constructed or received permits by July 2,2009 will be
eligible to have the annual WCF in ROW fee set at a rate of $14,286 for FY 2025-2026 (July 1,
2025 through June 30,2026). The rate of $14,286 is subject to annual increases adopted by the
City Council.
b. WCF sites in the ROW that were “on-air” prior to July 3,2009 and are subsequently modified
will be subject to the Annual Fees for WCF in the ROW when the vertical element is replaced or
when the original ground mounted equipment is expanded.
Antenna Structures and Base Fee-In cases where the existing vertical element is replaced for
structural purposes with a pole designed to support the antennas and cabling, the WCF will be
categorized as being installed on an existing vertical element. The Antenna Base Fee includes up to 50
cubic feet of ground equipment and any electrical conductors necessary to operate the WCF site.
3. Ground Equipment Fee-The ground equipment measurement is calculated by the size of a flat,
four-sided “box” (parallel sides of equal length) with a top panel that is parallel to the ground so that
the box will cover the ground equipment from the top of the equipment to the ground (non-improved
dirt surface), and from side-to-side, including any foundation or pad for the equipment. For situations
where there is more than one ground equipment fixture or cabinet (adjacent to each other or within
the same use area), the equipment fixtures, cabinets and generators are deemed to be part of the
same contiguous ground equipment space and will be measured together within the same box. Any
Remote Radio Heads or Remote Radio Units mounted to a cabinet, post or wall in the same area with
the ground equipment shall be included inthe measurement for the ground equipment. Electrical
meters and telecom pedestals are not included in the ground equipment.
Planning and Development Services
7447 E. Indian School Road. Suite #105, Scottsdale, AZ 85251 ScottsdaleAZ.gov
L_
ExhibitA
Resolution No. 13661
19 of 23
Effective July 1,2026
Annual Fees For SWF & WCF
In The Right-Of-Way
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
4. WCF site that has both the vertical element and ground equipment in the ROW will be assessed an
amount equal to the Antenna Base Fee plus the Ground Equipment Fee, except that:
a. WCF sites that have the antennas installed on a vertical element in the ROW but the ground
equipment installed on private property will be assessed the Antenna Base Fee only.
b. WCF sites with antennas on a vertical element located on private property but with the ground
equipment in the ROW, will be assessed the Ground Equipment Fee only.
5. All WCF in the ROW must have an Antenna Site Right-of-Way License Agreement (ARLA) document
submitted to the City for each WCF site installed and operated in the ROW.
6. An invoice for the annual WCF in the ROW permittee is sent to the person and address provided on the
ARLA document, every July with payment due every Aug. 25th.
7. The ARLA is an encroachment permit allowing the WCF to be in the ROW; a WCF owner or applicant
must obtain a” Permission to Work in the ROW” permit to construct, repair or maintain the WCF site.
8. The annual WCF in the ROW permit fee does not include fees and charges for any other planning &
development fees, permits, plan review fees, inspection fees, or any other services or approvals that
may be required by the City of an owner or applicant of a WCF in the ROW.________________________
Note: This fee schedule is not all-inclusive and other fees may apply.
S ' 7447 E. Indian School Road, Suite#105, Scottsdale, AZ 85251 ScottsdateAZ.gov
Planning and Development Services
,ip ■
Exhibit A
Resolution No. 13661
20 of 23
Effective July 1,2026
Wireless Communication Facility (WCF)
& Small Wireless Facility (SWF) Fee Schedule C TY OF
To view the full schedule of Planning and Development Services rates and fees,
SCOTTSDALE
please visit ScottsdaleAZ.gov and search “Fees.”J W a B
Wireless Communication Facilities Application Fees
Pre-Application
Conditional Use Permit (Major) for new WCF
Conditional Use Permit (Minor) for WCF Conditional Use Permit Renewals
Development Review Board (DRB)
Development Review (Minor) - Staff Approval for WCF
$131
$3,650
$931
Vl^Mfe.:t2.309.
$700
'Z'Z',
... ....'......... . . .......... :1.:.. .
....' . ..
Wireless Communication Facilities Plan Review and Permit Fees
WCF Plan Review
$121 per hour (first hour paid atsubmittal)
WCF Permit (Cellular)
ROW Permit (Cell Site)
$237
;;
Nbfee
$750
Small Wireless Facility (SWF) Application Fees';
Fees below cover plans review and permit fees
Pre-Ap plication
Small Wireless Facility (SWF) Not Subject to Zoning
Small Wireless Facility (SWF) Subject to Zoning
*Batched Small Wireless Facility (SWF) applications- up to 25 sites total
$1,000
:;nrs.s.e.
::m...
Sites 2-5
$100 each
sites6-25 ;
...........
*SubiecttO staff approval prior to submittal
^
Note: This fee schedule is not all-inclusive and other fees may apply.
Planning and Development Services
-s
7447 E. Indian School Road, Suite #105, Scottsdale, AZ 85251 ScottsdaleAZ.gov : ; Si
Exhibit A
Resolution No. 13661
21 of 23
Effective July 1,2026
In-Lieu Parking
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees."
CITY OF
SCOnSDALE
MonthlylermCIemporary Lease) and Minimum Permanent Installment Months ■
.. .ticn
Payment per Credit Not Including Interest
^
'
^
Evening Term Only (Temporary Lease) Monthly Payment per Credit - Night Time Only
$42
Note: This fee schedule is not all-inclusive and other fees may apply.
Planning and Development Services
7447 E. Indian School Road. Suite #105, Scottsdale, AZ 85251 ScottsdateAZ.gov
if"*
-i
Exhibit A
Resolution No. 13661
22 of 23
Effective July 1,2026
Public Electric Vehicle Charging
Fee Schedule
To view the full schedule of Planning and Development Services rates and fees,
please visit ScottsdaleAZ.gov and search “Fees.”
CITY OF
SCOnSDALE
Public Electric Vehicle Charging
$2 per charge
Note: This fee schedule is not all-inclusive and other fees may apply.
7447 E. Indian School Road. Suite #105, Scottsdale, AZ 85251 ScottsdaleAZ.gov :
Planning and Development Services
Exhibit A
Resolution No. 13661
23 of 23
RESOLUTION NO. 13655
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY, ARIZONA, AUTHORIZING AND APPROVING
THE PARKS AND RECREATION DEPARTMENT SCHEDULE OF
RATES AND FEES TO BE EFFECTIVE JULY 1, 2026.
WHEREAS, pursuant to Scottsdale Revised Code Section 20-52, the Parks and
Recreation Department presently collects (i) fees and charges for programs, rides, and events
and (ii) fees for certain services and rentais as authorized by the City Councii in Resoiution No.
13387 and Resolution No. 13408, effective as of July 1, 2025;
WHEREAS, the Parks and Recreation Department has reviewed these fees, charges, and
related matters, and has determined certain fees and poiicies shouid be adjusted; and
NOW, THEREFORE, BE IT RESOLVED by the City Councii of the City of Scottsdale,
Maricopa County, Arizona, as follows;
Section 1. The City Council hereby authorizes and approves the Parks and Recreation
Department to adjust its Scheduie of Rates and Fees to the amounts and poiicies stated in Exhibit
“A,” attached and by this reference made a part of this Resoiution, aii to be effective Juiy 1, 2026,
which shail supersede those currentiy in effect pursuant to Resolution No. 13387 and Resolution
No. 13408 as they apply to the fates and fees charged by the Parks and Recreation Department.
PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County,
Arizona this____day of __________ , 2026.
ATTEST:
CITY OF SCOTTSDALE, an Arizona
municipai corporation
Ben Lane, City Clerk
APPROVED AS TO FORM:
Luis Santaelia, Interim, City Attorney
By: Lindsay Hampshire, Assistant City Attorney
Lisa Borowsky, Mayor
19107380
Resolution No. 13655
Page 1 of 1
ATTACHMENT 5
I
Resolution No. 13655
Exhibit “A”
Page 1 of 14
CITYOFf^
SCOnSDALE
City OF Scottsdale
Parks AND Recreation Department
Schedule of Rates and Fees
Effective July 1,2026
19107380
Effective as of 7/1/2026
Resolution No. 13655
Exhibif'A”
Page 2 of 14
Section 1. Purpose
Throughout its history, the City of Scottsdale (“City”) has developed open space and facilities for
public uses and purposes. The Parks and Recreation Department’s Schedule of Rates and Fees
(“Schedule”) is approved by City Council and provides the rates and fees associated with the use of
City programs, facilities, and spaces managed by the Parks and Recreation Departrhent
(“Department”).
Many Parks and Recreation facilities including public areas within neighborhood, community, and
specialty parks and buildings, are available for drop-in use without charge, unless reserved.
Commercial activities are not considered drop-in uses and require a facility use permit. Facilities
unavailable for drop-in use (“Non-Drop-in Facilities”) include aquatic centers, kitchen facilities, the
Sports Complexes (Scottsdale Sports Complex, Bell94 Sports Complex and Reata Sports Complex,
herein referred to as “the Sports Complexes”), designated ball fields, and other facilities as
determined appropriate by the City Manager or designee currently responsible for the daily
operations within Parks and Recreation.
A portion of the City's associated operating costs will be recovered for specified facilities, programs,
attractions, and uses from customers benefitting directly from the use of the facilities or
participation in the programs.
Parks and Recreation fees and charges are reflected in this Schedule as set fees (Section 3) or
formula fees (Section 4), and are reviewed periodically, per adopted City financial policy. This
Schedule also establishes reduced rates for Scottsdale residents. The Department Representative,
with the concurrence of the City Attorney’s Office, may make,exceptions to this schedule when the
exceptions are consistent with the purposes of this schedule and community interests are served.
The priority of use of Parks and Recreation public facilities is as follows:
1. Uses programmed by facility staff to serve the facility’s targeted patrons, as identified by the
facility manager and the Department Representative.
2. Public uses where all or part of the associated operating costs will be recovered from
customers benefitting directly from the use of the facilities or participation in the programs.
3. Use by City divisions for meetings and events.
Section 2. Definitions
Commercial Activity. Use by any individual, group, organization, or business, other than the City,
whose objective is to conduct business, or an undertaking intended for economic profit or private
gain, whether income is realized, directly or indirectly, in or upon facilities designed to serve
residents of the City and general public. Activities used to enhance the reputation or lead to income
generating work in the future are considered a commercial activity. This includes nonprofit
organizations and educational groups that receive money from participants. Examples of
commercial activities include, but are not limited to:
19107380
Effective as of 7/1/2026
Resolution No. 13655
Exhibit “A”
Page 3 of 14
An event managed or administered by a promoter (i.e., concerts, weddings).
Instructional classes (i.e., health/wellness lessons, boot camps, fitness training, dog
training, private sessions).
• An activity with or without an entry fee, which may result in an immediate or future profit (i.e.,
tax preparation, estate planning, investment education or counseling, sales promotions).
Fundraising events conducted by for-profit or non-profit organizations.
Camps or clinics.
Exception to the commercial activity definition:
Youth (18 and under) related organizations and/or groups that are not part of an educational
institution are excluded from the definition of commercial activity for field and facility reservations
utilized for youth-related practices and meetings. The appropriate resident, non-resident,
league/tournament, or commercial fees will apply depending on the use.
Drop-in Use. Drop-in use is non-commercial use of public Parks and Recreation outdoor space and
facilities (other than Non-Drop-In Facilities) that do not have a conflicting reservation and is without
charge on a first-come, first-served basis, without having reserved the facility or space in advance.
Non-Resident. Anyone who does not live or own property within the corporate boundaries of the
City. The Non-Resident definition does not apply to partner youth organization participants living
outside the corporate boundaries of the City, but who are currently registered as a student with a
school engaged in an active shared use agreement with the City, for the purposes of said partner
youth organization activities.
Processing Fee. A nonrefundable fee that may be charged for processing registrations,
reservations, permits, cancellations, withdrawals or other uses.
Reservable and Non-Reservable Facilities. Parks and Recreation facilities are designated as
reservable or non-reservable as determined by the Department Representative. Reservable facilities
can be reserved in advance of an activity. Reservations are granted higher priority and will displace
drop-in users . Non-reservable facilities are not allowed to be reserved and are available for drop-in
use only on a first-come, first-served basis.
Resident. Anyone who lives or owns property within the corporate boundaries of the City. Not all
Scottsdale mailing addresses meet the criteria. Proof of city of Scottsdale residency may be
required to determine if an applicant is eligible for a particular program and to determine the
applicable fee. Partneryouth organization participants livingoutsidethe corporate boundaries of the
City, but who are currently registered as a student with a school engaged in an active shared use
agreement with the City are considered Residents, for the purposes of said partner youth
organization activities.
Section 3. Fee Classifications and Policies
Resident and Non-Resident Fee Classification
Uses of and reservations for use of a Parks and Recreation facility and/or equipment may be subject
to a Resident or Non-Resident fee unless the Reduced or No Fee classification, or Commercial Fee
19107380
Effective as of 7/1/2026
Resolution No. 13655
Exhibit “A”
Page 4 of 14
classification is more appropriate. Resident and Non-Resident fees are not applicable to the rental
of the Sports Complexes.
Reduced or No Fee Classification
The Reduced or No Fee classification may include, but is not limited to:
• Facility reservations and youth programmingthatcollaboratewith Scottsdale Unified School
District where expenses are shared between both agencies.
• Public meetings with Federal and State Congressional Representatives when not, in the
judgment of the City, related to elections for public office or ballot questions.
• Reciprocal use or benefit provided for in an intergovernmental agreement or otherwise
authorized in a City agreement or contract.
City authorized agreements with the concurrence of the City Attorney’s Office.
Use of facilities or equipment by City staff and other City divisions for City purposes.
Reservations subject to the Reduced or No Fee classification may still be responsible for the
processing fee and out-of-pocket expenses, such as staffing, lighting, and utilities.
Notwithstanding the foregoing, with the concurrence of the City Attorney’s Office, the Department
Representative may waive or reduce fees for organizations that provide services to those in need,
provide services as a substitute for a City program, or otherwise contract or partner with the City.
Fee Assistance. The fee assistance program provides assistance for select fee-based recreation
classes and programs to eligible Scottsdale residents. Eligibility is based on income and written
guidelines are available at the Leisure Education/Facility Booking Office or by searching “Fee
Assistance Program’’ at ScottsdaleAZ.gov. Administrative staff verify eligibility criteria and oversee
the approval process.
Commercial Fee Classification
The Commercial Fee classification applies to requests by an individual, organization, or business to
use certain Parks and Recreation facilities and equipment for a commercial activity whether income
is realized at the time of the use or not. Certain facilities such as tennis courts, weight rooms, and
other facilities as determined by the Department Representative may only be scheduled for
commercial activity outside of normal public use time or in designated low public use times or may
not be available for commercial activities at all.
•
Commercial activity requires adherence to City tax and license requirements.
•
Commercial activity is not permitted for drop-in use and requires a facility use permit.
•
Outdoor Commercial Use Fee. The Parks and Recreation Department reserves the right to
assign designated commercial,use areas within their outdoor facilities where the requested
commercial use does not require a designated reservable facility. A commercial use permit
is required, and permittee will be charged for such reservation.
Sports Complex Fee Classification
A fee shall be charged to reserve any of the Sports Complexes unless the Reduced or No Fee
classification is applicable. All uses require a reservation and a facility use agreement or permit
containing terms and conditions governing such use and a requirement for the renter to follow the
written rules and regulations of the applicable sports complex.
19107380
Effective as of 7/1/2026
Resolution No. 13655
Exhibit “A”
Page 5 of 14
Sports Complex use fees are calculated to recover a portion of the costs directly related to day-to-
day operation of the facility and include program staffing, contracted services, and commodities and
are charged in addition to associated facility rental fees. Resident and non-resident fee
classifications are not applicable at the Sports Complexes.
The Department Representative, with concurrence of the City Attorney’s Office, may make the
following rate adjustments to the Sports Complexes fees:
•
Premium rate adjustments for larger and/or higher quality fields and primetime rentals for
weekends and holidays
•
Discounts for multiple rentals, non-primetime rentals, and youth-related activities
Receipt of direct, in-kind services, promotion, or marketing services in partial or full payment of fees
when reasonable and in the best interests of the City. The fair market value of the in-kind services,
promotion, or marketing services received by the City shall be used to determine the extent to which
fees are offset.
Daily Admission Fees
All patrons entering a fee-based facility must check in and pay the daily admission fee (unless a paid
member) regardless of their intended facility use. Daily admission includes use of all amenities at
that facility that are available and in operation. Re-entry to the facility on the same day the daily
admission is paid is permitted with a re-entry pass. Re-entry passes are issued upon request when
leaving the facility. Hours of operation and specific facility amenities available upon re-entry are
subject to change. Re-entry passes may only be redeemed at the issuingfacility on the same day.
Pilot Fees
After approval by the Parks and Recreation Commission (“Commission”), the Department
Representative may authorize fees or charges for programs, facilities, equipment, and other charges
within Parks and Recreation to be conducted on a trial or pilot basis of approximately one year or
less. Pilot periods assist the Parks and Recreation Department in assessing the success of new fees
and determining whether to implement the fee on a long-term basis. Pilot fees must comply with all
state law requirements; for example, providing all required notices and obtaining approval of the
pilot fee by the Commission prior to fee implementation. The Department Representative may
authorize, subject to compliance with state law and concurrence of the City Attorney’s Office, one
temporary extension of each pilot fee if further evaluation is needed before instituting the fee on a
long-term basis. If implemented on a long-term basis, the fee is.subject to approval by the City
Council, which may be approved through the annual city budget process.
Section 4. Set Fee Schedule
Resident
Non-
Resident
Commercial
Adult Sports
Forfeit fee
Protest
Each Game
$15
$10
$15
$10
Aquatics-Cactus, Chaparral, Eldorado
Pool Rental (plus lifeguards)
Per Hour
$30
$60
$120
Public swimming daily admission. Adult
Per Person
$4
$6
19107380
Effective as of 7/1/2026
Resolution No. 13655
Exhibit “A”
Page 6 of 14
'f ."
■.■ft,
m
Public swimming daily admission, Youth
Lap swimming and Fitness Center
daily admission, Adult
Lap swimming and Fitness Center
daily admission. Youth
Resident
$3
$4
$3
Non-
Resident
$4
$6
$4
Commercial
Aquatics-Lap Lane Rentals
Commercial - short course
Commercial - long course
Masters Swim (contracted team) - short
course
Masters Swim (contracted team) - long
course
Partner Team - short course
Partner Team - long course
Partner Team Dive Well
Per Lane/Per
Hour
$12
$28
$7
$13
$5
$8
$13
Aquatics-McDowell Mountain Ranch
Public swimming daily admission, adult
Public swimming daily admission, youth
Lap swimming and Fitness Center
daily admission. Adult
Lap swimming and Fitness Center
daily admission. Youth
Per Person
$7
$5
$4
$3
$10
$7
$6
$4
Pool Rental (plus lifeguards)
Courtyard (2 hour minimum)
Island Rental (2 hour minimum, limit of
25 people)
Per Hour
$40
$25
$20
$80
$50
$40
$160
$100
$80
Club SAR
Daily Admission Pass
Per Person
$4
$6
Equipment Rental
A/V Equipment
Per Event
$50
$50
$50
Tennis ball machine-Court cost
(day/evening)
Per Hour
$11/$15
$11/$15
Tennis ball machine-Court cost
(day/evening)
Per 1.5 Hours
$13/$ 17
$13/$17
Tennis ball machine-Court cost
(day/evening)
Per 2 Hours
$15/$19
$15/$19
Tennis Ball Usage, Basket of Balls
Per Hour
$2
$2
Facility Rental-Indoor
Extra Small (max capacity 20)
Small (less than 500sf, max capacity 30)
Medium (501-1000sf, max capacity 79)
Large (1001-2499sf, max capacity 149)
Extra Large (2500+sf, capacity 150+)
Per Hour
$5
$5
$20
$20
$25
$25
$40
$60
$40
$60
$5
$20
$25
$40
$60
19107380
Effective as of 7/1/2026
Resolution No. 13655
Exhibit “A”
Page 7 of 14
Commercial Kitchen-1 hour minimum
Resident
$15
Non-
Resident
$30
Commercial
$60
Kitchen
Per Day
$25
$25
$25
Facility Rental-Outdoor
Amphitheater
Per Day
$50
$100
$200
Court Lighting
Per Hour
$4
$4
$4
Court/Tennis, Racquetball-Adult
Daytime
Court/Tennis, Racquetball-Adult
6pm-9pm
Court/Tennis, Racquetball-Youth
Daytime {Ages 12 and under)
Court/Tennis, Racquetball-Youth
6pm-9pm (Ages 12 and under)
Per Person/
1.5 Hours
$3
$5
$2
$3
$5
$8
$3
$5
Court/Tennis - Tournament - Non-team
Event
Per player
$8
$8
$8
Court/Tennis Tournament - School Use
Per hour, per
court
$7
$7
$7
Court/Tennis Tournament - Team Event
Per match
$10
$10
$10
Tennis Tournament Deposit (applied to
total event charges/refundable up to 60
days prior to the event)
Per event, per
site
$250
$250
$250
Court/Volleyball - Grass
Per Day
$5
$5
$5
Court/Volleyball - Sand
Per Hour
$16
$16
$16
Disc Golf Course
Per Day
$120
Field - Daytime
Field - Evening (after 6pm)
Field - Tournament and League
Daytime
Field-Tournament and League
Evening (after 6pm)
Per Hour
$10
$25
$30
$45
$20
$35
$30
$45
$40
$55
$30
$45
Field Preparation-Standard
Field Preparation - Custom
Per Field Prep
$35
$50
$35
$50
$35
$50
Multiuse Path
Per Day
$250
'$250
$250
Outdoor Event
Per Event/Per
Location
$120
Park Commercial Use Area Permit
Per Area/Per
Year
$500
Parking Lot
Hourly or
Daily
$50/hour
$320/day
$50/hour
$320/day
$62/hour
$400/day
Patios
Small Patio (less than 500 sf)
Medium Patio (501-1000sf)
Per hour
$20
$20
$25
$25
$20
$25
Picnic Areas
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Resolution No. 13655
Exhibit “A”
Page 8 of 14
Fmm
Picnic Area - Sept-May
mi
Picnic Area-Jun-Aug
Resident
Per Rental
$20
Non-
Resident
$20
$10
$10
Commercial
$20
$10
Polo Fields 1-3 (WestWorld)
Per Hour/Per
Field
$30
$30
$30
Ramadas
Large Ramada - Sept-May
Mediunn Ramada -Sept-May
Small Ramada - Sept-May
Large Ramada - Jun-Aug
Medium Ramada-Jun-Aug
Small Ramada - Jun-Aug
Per Rental
$65
$65
$50
$50
$30
$30
$33
$33
$25
$25
$15
$15
La rge Group Ramadas/Picnic Areas
$65
$50
$30
$33
$25
$15
All reservable ramadas and picnic
areas for a group of 500 or more -
Sept-May
All reservable ramadas and picnic
areas for a group of 500 or more - Jun-
Aug
Per Day
$300
$600
$150
$300
$1,200
$600
McCormick-Stillman Railroad Park
Tickets and Rides
All-day Wristband (Rides Only)
Per Person
$12
$12
Ride Ticket Pack (8 tickets)
Per Pack
$20
$20
Roundhouse Entry (1®'adult free
with paid child entry - Ages 2 and
under free)
Per Person/
One Hour of
Play
$6 or 2 ride
tickets
$6 or 2 ride
tickets
Train Ride Ticket* (Ages 2 and
underfree)
*40% school group discount M-F.
Reservation required.
Carousel Ride Ticket* (Ages 2 and
under free)
*40% school group discount M-F.
Reservation requirecl
Arboretum Train Ride Ticket
Per Ride
$3
$3
$3
$3
$3
$3
Facility Use/Rental
Back of Park - Sept-May
Front of Park-Sept-May
Back of Park-Jun-Aug
Front of Park - Jun-Aug
Per Day
$250
$500
$200
$400
$125
$250
$100
$200
$1,000
$800
$500
$400
Ramadas
Gazebo
Per Day
$50
$100
$200
Large Ramada-Sept-May
Medium Ramada-Sept-May
Small Ramada - Sept-May
Per Rental
$100
$100
$75
$75
$45
$45
$100
$75
$45
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Resolution No. 13655
Exhibit "A”
Page 9 of 14
m
Large Ramada -Jun-Aug
Medium Ramada-Jun-Aug
Small Ramada -June-Aug
Resident
sissm
$50
$38
$23
Non-
Resident
$50
$38
$23
Commercial
$50
$38
$23
Picnic Areas
Large Picnic Area-Sept-May
Small Picnic Area - Sept-May
Large Picnic Area - Jun-Aug
Small Picnic Area - Jun-Aug
Pery2 Day
$50
$25
$25
$13
$50
$25
$25
$13
$50
$25
$25
$13
Large Group Ramadas/Picnic Areas
All reservable ramadas and picnic
areas for a group of 500 or more -
Sept-May
All reservable ramadas and picnic
areas for a group of 500 or more -
Jun-Aug
Per Day
$450
$225
$900
$450
$1,800
$900
Special Events
Special Events Ticket (Ages 2 and
under free)
Per Ticket
$15
$15
Tents by the Tracks - 10x10
Campsite
Tents by the Tracks- 12x12
Campsite
Tents by the Tracks - 18x18
Campsite
Tents by the Tracks-VIP Campsite
Per Campsite
$100
$200
$300
$700
$100
$200
$300
$700
Tents by the Tracks - Tent Rental
PerTent
$100
$100
Commercial Filming Fee (Railroad Park)
Per Day
n/a
n/a
$1,000
McDowell Mountain Ranch Skate Park
Skate Park Card Fee (replacement)
Skate Park Card Pass (lifetime pass-
includes $8 cost of new card)
Skate Park Drop-In
Per Person
$8
$26
$1
$8
$26
$1
Skate Park Event Fee (capacity 1-50)
(2 hr. minimum)
Skate Park Event Fee (capacity 51-125)
(2 hr. minimum)
Per hour
$70
$100
Skate Park Event Fee (capacity up to 125)
Per Day
$800
Miscellaneous Fees
Beer/Alcohol Permit (one or more
persons)
Per Day
$20
$20
Card Fee (excluding McDowell Mountain
Ranch Skate Park)
Per Person
$5
$5
Film Permit - Non-Reservable area
Per Day
$30
$45
$300
19107380
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Resolution No. 13655
Exhibit "A”
Page 10 of 14
%
%
Resident
Sports Complex - All Complexes
Corner Flags (rental)
Per Set of 4
Non-
Resident
Commercial
$10
Field Lighting (minimum 2 hours)
Per Field/ Per
Hour
Field Preparation-standard
Field Preparation-custom
Per Field
$15
$100
$150
International/Standard Field (min. 2
hours)
Per Field/ Per
Hour
$30
Parking Lot - individual spaces
Per Space/
Per Day
$2
Special Use Fee - Designated area (min.
2 hours)
Per Hour
$25
Tournament Vendor Fee (2 days)
Per
Tournament
$100
Sports Complex - Scottsdale Sports Complex
Entire Complex (fields, parking lots, patio
-minimum 2days)
Per Day
$2,500
5K Racecourse (half-day only)
Per Half Day
$750
Parking Lots (stand-alone)
Southeast
Southwest
Northwest
Northeast
Per Day
$500
$400
$300
$120
5K Event Vendor (half-day only)
Per Event
$25
Sports Complex - Bell94
Entire Complex (fields, parking lots, patio
- minimum 2 days)
Per Day
$1,800
Sports Complex - Reata
Entire Complex (fields, parking lots, patio
-minimum 2 days)
Per Day
$1,500
Section 5. Formula Fee Schedule
The formulas listed below indicate how the City determines rates and fees for the activities
referenced and relate directly to the City’s costs for providing the activities. Costs are rounded to the
next highest dollar where applicable. Program staffing expenses may include related benefit and
fringe costs.
Discounted fees and/or incentive programs may be established by the Department Representative
for promotion and marketing of fee-based programs and activities when total revenue exceeds or is
equal to the direct programming costs outlined in the program area’s cost recovery criteria.
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Resolution No. 13655
Exhibit "A”
Page 11 of 14
Standard non-resident fee rates are calculated as a 50% increase to the resident rate, when resident
and non-resident rates apply.
Adaptive Recreation Program. Adaptive Recreation program registration fees are based on up to
50% recovery ofthe program’s direct costs, including costs for instructors, supplies, admission fees,
program staffing, and equipment.
• Formula: Up to 50% of the total direct costs divided by the minimum number of expected
registered participants. The standard non-resident fee rate applies to non-residents.
Additional Staffing Fee. The Additional Staffing fee applies when additional staff assistance is
required for an event or activity. The fee is based on a minimum of 100% recovery of the directly
related additional staff cost. (2-hour minimum applies.)
•
Formula: Total cost of the staff hours including related benefit and fringe expenses. An
overtime rate will be calculated for staff working beyond forty hours in a week, at the current
overtime rate for the qualified employee.
Adult Sports Leagues. Adult Sports Leagues include sports leagues geared toward participants 18
years of age and older (i.e., softball, basketball, volleyball, flag football, kickball, tennis). Program
registration fees are based on a minimum of 110% recovery of direct costs, including but not limited
to the following:
Staffing: program staffing, site supervisors, officials, and scorekeepers.
Supplies and Equipment: sports equipment, awards, chalk and paint, and office
supplies.
Field/Facility: field and facility operation and maintenance costs, including field
preparation and light fees where applicable.
•
Formula: Minimum of 110% of total costs divided by the number of expected team or
individual registrations for a program division, plus a processing fee.
o
o
o
Aquatics & Fitness Family Passes. Aquatics & Fitness Family Passes are valid at the City’s aquatic
centers for unlimited visits for four family members during public recreational open swimming, lap
swimming, and fitness center hours from Memorial Day through Labor Day. “Family” is defined as
immediate family members. The passes can be used at the locations indicated on the pass. The
Family Pass value is realized when a family of four attends an aquatic and fitness facility more than
twice per week for more than ten weeks of the fourteen-week season.
•
Family Pass Formula: Two adult and two youth daily admission fees, as applicable, added
together and multiplied by 20 (2 visits per week for 10 weeks). Fees for additional resident
family member passes are $80 for McDowell Mountain Ranch (MMR) and $20 for all other
aquatic centers (adult or child). The standard non-resident fee rate applies to all additional
non-resident family members.
•
Family Pass Preseason Sale: The Family Pass is discounted during the Preseason Sale
which runs annually from April 1 - May 31. Standard pricing goes into effect June 1.
o Discounts: 40% off the standard price of Chaparral, Cactus, and Eldorado aquatic
center passes and 60% off the standard price of MMR passes. The fee for additional
residentfamily members is $20 per person. The standard non-resident fee rate applies
to all additional non-resident family members.
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Resolution No. 13655
Exhibit “A”
Page 12 of 14
Aquatics & Fitness Punch Passes. Prepaid punch passes are offered at all aquatic and fitness
centers for convenience.
•
Formula: Current daily admission fee, as applicable, times the number of punches.
o Discounts: Prepaid punch passes of 30 visits will be discounted by 20%. This pass is
nOnrefundable.
Aquatics Learn to Swim Classes. Learn to Swim class fees are based on a minimum of 100%
recovery of direct costs, including program staffing, supplies, and equipment.
•
Formula: Total costs divided by the minimum number of expected registrations. The
standard non-resident fee rates apply to non-residents.
Aquatics Partner Team Non-resident Participant Fee. Fees are paid semi-annually to the city by
partner teams and are calculated by multiplying the adult non-resident daily lap swim fee by the
number of months the facilities are used by team, multiplied by the number of non-resident team
members.
•
Formula example: $6 daily rate x 6 months use x 100 non-resident participants = $3,600
Aquatics Pool Cleaning. Fees are based on a minimum of 110% recovery of the directly related
Aquatic Technician maintenance staff cost plus associated cost of pool cleaning, based on the
current hourly overtime rate (1-hour minimum applies).
•
Formula: Staff time x current overtime rate + pool cleaning costs x a minimum 110%
Aquatics Recreation Teams, Exercise, Fitness, Water Safety, and Specialty Classes. Fees are
based on a minimum of 110% recovery of the direct costs, including program staffing, supplies, and
equipment costs.
•
Formula: A minimum of 110% of the total direct costs divided by the minimum number of
expected registrations. The standard non-resident fee rates apply to non-residents.
Classes and Excursions. Class and excursion fees are based on a minimum of 110% recovery of
the direct costs including program staff, instructor, supplies, equipment, van rental, fuel, mileage,
and entrance fees, plus a processing fee. The standard non-resident fee rates apply to non
residents.
•
Formula: Total direct costs multiplied by the class revenue recovery rate, divided by the
minimum number of expected registrations, plus a processing fee.
Club SAR Membership. Membership to Club SAR is based on a minimum of 110% recovery of direct
costs including staffing, supplies, contractual, commodity, and capital expenses (equipment and
maintenance costs).
•
Formula: Minimum of 110% of total direct costs divided by projected number of adult
members
o Annual membership rates are rounded to the nearest $5 increment,
o Youth membership rates (14-17 years of age) are set at one-half of the membership
rate for an adult.
o Adult and youth daily admission passes are available and referenced in the fee table
above.
o Standard Non-resident fee rates apply to Non-residents.
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Resolution No. 13655
Exhibit “A”
Page 13 of 14
Facility & Equipment Damage or Loss Fee. Facility and equipment damage and loss fees are based
on 100% recovery of directly related costs to replace or repair. This fee is assessed if loss or damages
are incurred beyond normal wear and tear by the licensee or any member of the group subject to the
issued permit.
•
Formula: Total cost to repair or replace facility equipment or damage.
Individual Class Drop-In Fee. Individual class drop-in fees are based on a minimum 110% recovery
of direct instructor costs and are available for some session registration-based classes. Designation
of available classes is determined on a programmatic basis by the Department Representative. The
minimum drop-in fee is $3 and standard non-resident fee rates apply to non-residents.
•
Formula: Hourly cost of applicable instructor rate divided by the course minimum x the cost
recovery rate, rounded up to the nearest dollar, plus $2 processing fee.
McCormick-Stillman Railroad Park Birthday Party. Birthday Party fees are based on a minimum
of 100% recovery of the direct costs, including cost of tickets, program staff, supplies, and
equipment.
•
Formula: Minimum of 100% direct costs divided by the maximum recommended number of
child participants.
Note: Birthday parties are intended for children aged 3-years and up. It is recommended
that not more than 20 children attend a party. An added fee is charged for each child above
20, as well as for a second “birthday party child”.
Partner Youth Organizations and Aquatics Partner/Contracted Teams. Reduced rates are
calculated as follows, as allowed for in the Reduced or No-Fee classification.
Youth Aquatics Facility Allocation Partner/Contracted Teams Room Rental Rate
Formula: 25% of the set fee for an indoor facility medium-sized room reservation, per hour
of use.
Youth Sports Field Allocation Partner Primary Season Daytime Field Rental Rate
Formula: 50% of the Resident set fee..
Youth Sports Field Allocation Partner Primary Season Evening Field Rental Rate
Formula: 50% of the Resident set fee..
Youth Sports Field Allocation Partner Non-Primary Season Daytime Field Rental Rate
Formula: 75% of the Resident set fee.
Youth Sports Field Allocation Partner Non-Primary Season Evening Field Rental Rate
Formula: 75% of the Resident set fee.
Processing Fee. The Processing fee aims to recover 100% of the Leisure Education system-wide
costs of registration system fees, part time staffing, recreation brochures, and facility reservation
guides, and is based on the prior fiscal year’s expenses, registrations, and reservations. Processing
fees are not applied to beer or alcohol permits. (Note: Processing fee is also referred to as
administrative fee, registration fee, booking fee, and withdrawal fee.)
Formula: Total costs divided by total number of system-wide reservations and registrations.
Program Trip. Program trip fees are based on 100% recovery of the direct costs of program staffing,
supplies, equipment, transportation, and entry fees. The fee is not applicable for trips to City or
19107380
Effective as of 7/1/2026
Resolution No. 13655
Exhibif'A”
Page 14 of 14
School District facilities and designated City-produced special events where the participant is
registered in a City program that is going on the trip. Standard Non-resident fee rates apply to non
residents.
•
Formula: Total eost of program staffing, contracted services, supplies, equipment, van
rental, fuel, and entry fees: divided by the projected number of participants.
Note: The cost of transportation by City van is calculated as $0.50 per rider, or the
number of estimated round-trip miles multiplied by the City mileage reimbursement rate
then divided by the projected number of participants, whichever is greater.
Retail Sales. Retail items are to be priced at a minimum of 110% of wholesale cost.
•
Formula: Minimum of 110% of wholesale cost divided by product inventory.
o inventory reduction/promotional sales are allowed on a program basis as long as
110% of total inventory costs are recovered.
Staff Cleanup/Late Stay Fee. Up to 300% recovery of the directly related staff cost may be
assessed when a reservation goes beyond its reserved time or if it is necessary for staff to clean up
after a reserved use, as determined by Department Representative. The charge is assessed in hourly
increments with a minimum of one hour.
•
Formula: Total cost of the staff hours including related benefit and fringe expenses.
Tennis Lessons. Tennis lesson fees are based on a minimum of 110% recovery of the direct costs,
including program staffing, instructors, court reservations, lights (if applicable), supplies, and
equipment costs. Standard non-resident fee rates apply to non-residents.
•
Formula: Minimum of 110% of total direct costs divided by the minimum number of
projected registrations.
Youth Programming and Youth Drop-In After-School and Drop-In Summer Programs. Fees are
based on a minimum of 100% recovery of the direct costs, and may include program staffing,
supplies, snacks, transportation, and equipment. An administrative fee may be applied and will be
determined by the Department Representative based on programmatic considerations. Any
transportation costs and entrance fees for excursions will be included in the price of the program
when applicable.
•
Formula: Total direct costs divided by the projected number of participants plus any
applicable administrative fees.
Youth Sports Activities. Youth sport activity fees are based on a minimum of 75% recovery of the
direct costs, including program staffing, supplies, snacks, and equipment. An administrative fee
may be applied and will be determined by the Department Representative based on programmatic
considerations. 100% recovery of any jersey/t-shirt cost will be included in the price of the program
when applicable.
•
Formula: 75% of total direct costs divided by the projected number of participants plus any
applicable administrative and jersey/t-shirt fees.
19107380
Effective as of 7/1/2026
RESOLUTION NO. 13656
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY, ARIZONA, AUTHORIZING AND APPROVING
ADJUSTMENTS TO THE PRESERVE DEPARTMENT SCHEDULE OF
RATES AND FEES TO BE EFFECTIVE JULY 1, 2026
Whereas, pursuant to Scottsdale Revised Code Section 20-52 and Scottsdale Revised
Code Section 21-22, the Preserve Department presently collects (i) fees and charges for
recreation and (ii) fees for certain services as authorized by the City Council in Resolution NO.
13387, adopted on May 20, 2025, which addressed use fees for certain activities, miscellaneous
fees, use priority policies, and methods for determining activity fees, effective as of July 1, 2025;
WHEREAS, the Preserve Department has reviewed these fees, charges, and related
matters, and has determined certain fees and policies should be adopted; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scottsdale,
Maricopa County, Arizona, as follows:
Section 1. The City Council hereby authorizes and approves the Preserve Department
Schedule of Rates arid Fees for the amounts and policies stated in Exhibit “A", attached and by
this reference made a part of this Resolutiori, all to be effective July 1, 2026, which shall
supersede those currently in effect pursuant to Resolution No. 13387 as it applies to the rates
and fees for the Preserve Department.
PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County,
Arizona this____day of__________ , 2026.
ATTEST:
CITY OF SCOTTSDALE, an Arizona
municipal corporation
Ben Lane, City Clerk
Lisa Borowsky, Mayor
APPROVED
LEORM:
LuiLE. Santaella, Interim, City Attorney
By: Joe Padilla, Deputy City Attorney
19092785
Page 1 of 1
attachment 6
Resolution No. 13656
Exhibit "A"
Page 1 of 4
CITY OF
SCOnSDALE
City OF Scottsdale
Preserve Department
Schedule of Rates and Fees
Effective July 1,2026
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Effective as Of 7/1/2026
Resolution No. 13656
Exhibit "A"
Page 2 of 4
Section 1. Purpose
Throughout its history, the City of Scottsdale (“City”) has developed open space and facilities for
public uses and purposes. This Schedule of Rates and Fees (“Schedule”) is approved by City Council
and provides guidance for rates and fees associated with the use of those City open spaces and
facilities managed by the Preserve Department. A portion of the City’s associated operating costs
will be recovered for specif ied uses from customers benefitting directly from the use of the McDowell
Sonoran Preserve.
The purpose of the McDowell Sonoran Preserve (“Preserve”) is to preserve in perpetuity the Sonoran
Desert and mountains to maintain scenic views; as a habitat for wildlife and desert plants; to protect
archeological and historical resources and sites; and provide passive outdoor recreational
opportunities for residents and visitors.
Use of the preserve for non-commercial passive recreation activities is free of charge. Special Use
and Guiding permits are available for activities compatible with the purpose and management
objectives of the Preserve Special use and permit rates are reflected in this Schedule as set fees.
The priority of use of the Preserve is as follows;
1. Preservation of the Preserve’s natural and cultural resources
2. General public, non-commercial passive recreation
3. Special Use and Guiding permitted activities
4. Use by City divisions for meetings and events
Section 2^ Definitions
Commercial Use. Use by any individual, group, organization, or business, other than the City,
whose objective is to conduct business, or an undertaking intended for economic profit or private
gain, whether income is realized, directly or indirectly, in dr upon facilities or open spaces designed
to serve residents of the City and general public. This includes nonprofit organizations and
educational groups that receive money from participants. Examples of commercial use activities
include, but are not limited to:
•
An event managed or administered by a promoter (i.e., weddings, competitive events,
productions)
•
Instructional classes (i.e., health/wellness lessons, boot camps, fitness training, private
sessions)
•
Commercially-led hikes, rides or races
•
Professional filming and photography
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Effective as of 7/1/2026
Resolution No. 13656
Exhibit "A"
Page 3 of 4
Guiding. Planned and organized efforts to lead individuals or groups or otherwise provide services
including but not limited to wayfinding, managing itineraries, giving interpretive information, or
providing specialized gear, and with any form of compensation required, requested, or accepted.
Use Day. One paying customer entering the Preserve on one day.
Section 3. Fee Classifications and Policies
Permit and Use Fees are only issued for activities that are compatible with the purpose and
management objectives of the Preserve, per Chapter 21 of the Scottsdale Revised Code (SRC).
Permittees and users must abide by Chapter 21 of the SRC which outlines rules and regulations
specific to the McDowell Sonoran Preserve, and all other applicable federal, state, county or
municipal laws, rules or regulations.
Annual Guiding Permit
Yearly guiding permits issued to qualified applicants during the online application period, which is
usually June 1 through July 1, and effective August 1 through July 31. Permits do not include use fees.
Special Use Permits
Special use permits are issued for various activities such as but not limited to ceremonies, filming,
photography, and single-day guiding . All permit requests are considered on a case-by-case basis
and do not include any applicable use fees.
Use Fee
A daily fee charged in conjunction with annual and special use permits when applicable. Fee is
assessed per individual per use day.
Reduced or No Fee Classification
The Reduced or No Fee classification may include, but is not limited to:
• Reciprocal use or benefit provided for in an intergovernmental agreement or otherwise
authorized in a City agreement or contract, or by the Preserve director or designee.
• City authorized agreements with the concurrence of the City Attorney’s Office.
• Use of facilities or equipment by City staff and other City divisions for City purposes.
Permits or use fees subject to the Reduced or No Fee classification may still be responsible for
obtaining and permit and/or payment of the processing fee and out-of-pocket expenses such as
staffing.
Notwithstanding the foregoing, with the concurrence of the City Attorney’s Office, the Department
Representative may waive or reduce fees for organizations that provide services to those in need,
provide sen/ices as a substitute for a City program, or otherwise contract or partner with the City.
Processing Fee. A non-refundable fee that may be charged for processing applications,
reservations, permits, cancellations, withdrawals or other uses.
19075791
Effective as Of 7/1/2026
Resolution No. 13656
Exhibit "A"
Page 4 of 4
Section 4. Fee Schedule
Annual Permits/Use Fees
Annual Guiding Permit & Use Fees
Per permit/per
person per use day
$150 Permit fee + $5 per person
per use day
Professional Family Photography Permit
Per Year
$0
Daily Special llse Permits/Use Fees
Single-Day Commercial Use/Guiding Permit &
Use Fees
Per permit/per
person per use day
$50 Permit Fee + $5 per person
per use day
Ceremony Permit
Per event/per day
$100
Professional Family Photography Permit
Per Day
$0
Film Permit - Non-Reservable area -
Commercial
Per Day
$300
Daily Filmihg/Production Photography
Staffing Fees
Per day
$65
19075791
Effective as of 7/1/2026
RESOLUTION NO. 13667
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY, ARIZONA, AUTHORIZING AND APPROVING
THE SCOTTSDALE STADIUM AND INDIAN SCHOOL PARK
PROFESSIONAL BASEBALL FACILITIES SCHEDULE OF PROGRAM
CHARGES, RENTALS, AND EVENT FEES TO BE EFFECTIVE JULY 1,
2026 AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE SCOTTSDALE STADIUM AND INDIAN SCHOOL PARK USE
AGREEMENTS WITH NEGOTIATED FEES OR FEES FOR AREAS NOT
TYPICALLY RESERVED.
WHEREAS, pursuant to Scottsdale Revised Code Section 20-52, the Scottsdale Stadium
and Indian School Park Professional Baseball Facilities presently collect certain program charges,
rentals, and event fees, as authorized by the City Council in Resolution No. 13409, effective as of
July 1,2025;
WHEREAS, Resolution No. 13409 authorized the City Manager or designee, with the
concurrence of the City Attorney’s Office, to execute Scottsdale Stadium and Indian School Park
use agreements that contain; (i) negotiated fees that are different from the amounts specified in
Exhibit “A” of Resolution No. 13409 and (ii) fees for areas that have not typically been reservable
by the public and are not included in Exhibit “A” of Resolution No. 13409;
WHEREAS, the Scottsdale Stadium Division of the Enterprise Operations Department has
reviewed these fees, charges, and related matters, and has determined certain fees and policies
should be adjusted; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scottsdale,
Maricopa County, Arizona, as follows:
Section 1. The City Council hereby authorizes and approves the Scottsdale Stadium and
Indian School Park Professional Baseball Facilities Schedule of Program Charges, Rentals, and
Event Fees to the amounts and policies stated in Exhibit “A,” attached and by this reference made
a part of this Resolution, all to be effective July 1,2026, which shall supersede those currently in
effect pursuant to Resolution No. 13409 as it applies to the rates and fees for Scottsdale Stadium
and Indian School Park.
Section 2. The City Council hereby authorizes the City Manager or designee, with the
concurrence of the City Attorney’s Office, to execute Scottsdale Stadium and Indian School Park
use agreements that contain: (i) negotiated fees that are different from the amounts specified in
Exhibit “A" or different from any future Scottsdale Stadium or Indian School Park fees adopted by
City Council and (ii) fees for areas that have not typically been reservable by the public and are
not included in Exhibit “A” or different from any future Scottsdale Stadium or Indian School Park
fees adopted by City Council.
Resolution No. 13667
Page 1 of 2
ATTACHMENT 7
PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County,
Arizona this____day of__________ , 2026.
ATTEST;
CITY OF SCOTTSDALE, an Arizona
municipal corporation
Ben Lane, City Clerk
APPROVED AS TO FORM:
% •
Mr>LprjL>yHa j/u
Luis E. Santaella, Interim City Attc
Lisa Borowsky, Mayor
City Attorney
By: Lindsay Hampshire, Assistant City Attorney
Resolution No. 13667
Page 2 of 2
Resolution No. 13667
Exhibit "A”
Page 1 of 5
\J
STADIUM
City of Scottsdale
Enterprise Operations department
Scottsdale Stadium & Indian School
Park Professional baseball Facilities
Schedule of Program Charges,
Rentals AND Event Fees
Effective July 1,2026
19109020
Policy effective as of 7/1 /2026
Resolution No. 13667
Exhibit “A”
Page 2 of 5
Purpose
Throughout its history, the City of Scottsdale ("City”) has developed open space and facilities for
public uses and purposes. The Scottsdale Stadium and Indian School Park Professional Baseball
Facilities are within the Enterprise Operations Department. The Scottsdale Stadium and Indian
School Park Professional Baseball Facilities Schedule of Program Charges, Rentals, and Event Fees,
(“Schedule”) is approved by City Council and provides the program charges, rentals, and event fees,
associated with the use of Scottsdale Stadium and Indian School Park Professional Baseball
Facilities.
The City’s associated operating costs will be recovered from customers benefittihg directly from the
use of the facilities or participation in the programs or events. Scottsdale Stadium and Indian School
Park professional Baseball Facilities fees and charges are reflected in this Schedule as set fees or
formula fees, and are reviewed periodically, per adopted City financial policy. The Enterprise
Operations Representative, with the concurrence of the City Attorney’s Office, may make exceptions
to this policy when the exceptions are consistent yvith the purposes of this policy and community
interests are served.
The priority of use pf Enterprise Operations Department facilities is as follows:
1. Uses programmed by facility staff to serve the facility’s targeted patrons, as identified by the
facility manager and the DeputyCity Manager.
2. Private uses where all the associated operating costs will be recovered from event producers
at Scottsdale Stadium and all or part of the associated costs at Indian School Park
Professional Baseball Facilities.
Definitions
Reservable and Non-Reservable Facilities. Enterprise Operations facilities are designated as
reservable or non-reservable as determined by the Enterprise Operations Representative.
Fee Classifications and Policies
Stadium Fee Classification
A fee shall be charged to use Scottsdale Stadium facilities. All uses require a reservation and a
facility use agreement containing terms and conditions governing such use and requiring the renter
to follow the written rules and regulations of the Stadium. The stated fees are effective for proposals
and contracts created while this policy is in effect, even if a revised policy is in effect by the time of
the event.
Stadium fees are calculated to recover a minimum of 100% of the costs directly related to
conducting the event, including but not limited to program staffing, contracted services, supplies,
equipment, lighting, flooring, catering, and security, and are charged in addition to associated facility
rental fees. Resident and non-resident fee classifications are not applicable at the Scottsdale
19109020
Policy effective as of 7/1/2026
Resolution No. 13667
Exhibit "A”
Page 3 of 5
Stadium. Additional fees may be assessed with the approval of Enterprise Operations
Representative and the concurrence of the City Attorney’s Office.
The Enterprise Operations Representative, with the concurrence of the City Attorney’s Office, may
authorize the receipt of direct, in-kind services, promotion, or marketing services, in partial or full
payment of fees, when reasonable and in the best interests of the City. The fair market value of the
in-kind services, promotion, or marketing services received by the City shall be used to determine
the extent to which fees are offset.
Indian School Park (ISP) Professional Baseball Facilities Fee Classification
A fee shall be charged to reserve Indian School Park (ISP) Professional Baseball Facilities. All uses
require a reservation and a facility use agreement or permit containing terms and conditions
governing such use and requiring the renter to follow the written rules and regulations of the ISP
facilities.
ISP facility use fees are calculated to recover all or part of the costs directly related to conducting
the activity, including but not limited to maintenance staffing, contracted services, supplies,
equipment, and lighting, and are charged in addition to associated facility rental fees. Resident and
Non-Resident fee classifications are not applicable at the ISP Professional Baseball Facilities.
Additional fees may be assessed with the approval of the Enterprise Operations Representative and
the concurrence of the City Attorney's Office.
The Enterprise Operations Representative, with the concurrence of the City Attorney’s Office, may
authorize the receipt of direct, in-kind services, promotion, or marketing services, in partial or full
payment of fees, when reasonable and in the best interests of the City. The fair market value of the
in-kind services, promotion, or marketing services received by the City shall be used to determine
the extent to which fees are offset.
Daily Admission or “Gate” Fees
No “gate” or admission fees shall be allowed for games, practices, and/or tournaments held at
Indian School Park Professional Baseball Facilities.
Pilot Fees
After review by the applicable board or commission, the Enterprise Operations Representative may
authorize fees or charges for programs, facilities, equipment, and other charges at Scottsdale
Stadium or Indian School Park Professional Baseball Facilities on a trial or pilot basis of
approximately one year or less. Pilot periods assist the Enterprise Operations Department in
assessing the success of new fees and determining whether to implement the fee on a long-term
basis. Pilot fees must comply with all state law requirements; for example, providing all required
notices and obtaining approval of the pilot fee by the applicable board or commission prior to fee
implementation. The Enterprise Operations Representative may authorize, subject to compliance
with state law and concurrence of the City Attorney’s Office, one temporary extension of each pilot
fee if further evaluation is needed before instituting the fee on a long-term basis. If implemented on
a long-term basis, the fee is subject to approval by the City Council, which may be approved through
the annual city budget process.
19109020
Policy effective as of 7/1 /2026
Set Fee Rates
Resolution No. 13667
Exhibit "A”
Page 4 of 5
Scottsdale Stadium Events - Facility
Rental and Charges
1/2 Day (4 Hours)
-Mon-Thurs.
Full Day (8
Hours) -
Weekdav Fee
Weekend. Friday
- Sunday
Fieldhouse
N/A
$3,625
$4,830
Banyan Room
N/A
$1,825
$2,450
Press Level - Single Suites, Meetings
$245
$425
$605
Press Level - All Suites/Rooms, Meetings
$975
$1,210
$1,810
Team Store
$425
$605
$975
Charros Lodge
N/A
$1,825
$1,1825
Main Field Rental - non-baseball
$905
$1,1825
$1,825
Dugout & Home Plate Ceremonies
N/A
$905
$905
Full Facility
N/A
$9,675
$12,075
Field Lighting Fee
$100 (peruse) $100(per use) $100 (per use)
First Base Patio
N/A
$1,825
$1,825
Left Field Berm
N/A
$1,825
$1,825
Lower-level Locker Room
N/A
$700
$700
Upper-Level Locker Room
N/A
$1,050
$1,300
Scottsdale Stadium Sports — Sports
Rentals and Charges
1/2 Day (4 Hours)
-Mon-Thurs.
Full Day (8
Hours) -
Weekdav Fee
Weekend. Friday
- Sunday
Main Field Rental-Sports
$725
$1,450
$1,450
Practice Field Rental
$290
$580
$580
Field Lighting Fee
$100 (peruse) $100 (per use) $100 (per use)
Field Preparation Fee
$75(per use)
$75 (peruse)
$75 (per use)
Batting Cage Rental
$120
$245
$245
Facility Rental-Indian School Park Professional Baseball Facilities
Eae
Indian School Park Field (minimum 4 hours)
Per Field / Per Hour
$60
Indian School Park Field Preparation
Per Field Prepped
$75
Half Field (minimum 4 hours)
Per Hour
$20
Indoor Hitting Tunnels
Per Day
Per Hour
$240
$30
Outdoor Hitting Tunnels
Per Day
Per Hour
$120
$15
Clubhouse Rental
Per Day
$625
Field Lights (minimum 4 hours)
Per Hour
$20
19109020
Policy effective as of 7/1/2026
Resolution No. T3667
Exhibit "A”
Page 5 of 5
Formula Fee Rates
The formulas listed below indicate how the City determines rates and fees for the activities
referenced and relate directly to the City’s costs for providing the activities. Costs are rounded to the
next highest dollar where applicable. Program staffing expenses may include related benefits and
fringe costs.
Discounted fees and/or incentive programs may be established by the Enterprise Operations
Representative for promotion and marketing of fee-based programs and activities when total
revenue exceeds or is equal to the direct programming costs outlined in the program area’s cost
recovery criteria.
• Formula: Up to 50% of the total direct costs divided by the minimum number of expected
registered participants.
Retail Sales. Retail itenis are to be priced at a minimum of 110% of wholesale cost. Inventory
reduction/promotionalsales are allovi/ed on a program basis as long as 110% of total inventory costs
are recovered.
Scottsdale Stadium Cleaning Fees. Cleaning fees are based on 100% recovery of contract costs
and are charged per space, per event.
Formula: 100% of current Scottsdale Stadium cleaning contract cost for space reserved.
Scottsdale Stadium Porter Fees. Porter fees are based on 100% recovery of contract costs and are
charged per hour, per event.
• Formula: 100% of current Scottsdale Stadium contract cost per hour x number of hours
worked.
19109020
Policy effective as of 7/1/2026
RESOLUTION NO. 13668
A RESOLUTION OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY.
ARIZONA, AUTHORIZING AND APPROVING THE EVENT DIRECTIONAL
STREET BANNER FEES TO BE EFFECTIVE JULY 1, 2026.
WHEREAS, in 2011, City Council authorized an Event Directional Banner Program that
allowed special events to supply event banners to be hung in City-owned street light poles in
certain areas of the City;
WHEREAS, the City wishes to increase the Event Directional Street Banner fees to
account for the fact that vendor’s rates to install the banners are higher than the amount currently
charged by the City in fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scottsdale,
Maricopa County, Arizona as follows:
Section 1. The City Council hereby authorizes and approves Event Directional Street
Banner fees as set forth in Exhibit “A,” attached and by this reference made a part of this
Resolution, all to be effective July 1, 2026.
PASSED AND ADOPTED by the City Council of the City of Scottsdale this
day of__________________ 2026.
ATTEST:
CITY OF SCOTTSDALE, an
Arizona municipal corporation
Ben Lane, City Clerk
APPROVEDASTOFORM:
Lisa Borowsky, Mayor
7
Luis E. Santaella, l/fterim City Attorney
By: William Hylen, Deputy City Attorney
19106463
Page 1 of 1
attachment 8
Rate and Fee Schedule
Rate or Fee Title
Horizonal Banner Fee
Vertical Banner Fee
Rate or Fee Assessed
Per banner
Per banner
Proposed Rate or Fee
$200.00
$33.00
/
19106463
Exhibit A to
Resolution No. 13668
Page 1 of 1
RESOLUTION NO. 13665
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY. ARIZONA, AUTHORIZING AND APPROVING
ADJUSTMENTS TO THE HUMAN SERVICES SCHEDULE OF
PROGRAM CHARGES, RENTAL FEES, AND FINES TO BE EFFECTIVE
JULY 1, 2026.
WHEREAS, pursuant to Scottsdale Revised Code Section 20-52, the Library and Human
Services Department presently collects (i) fees and charges for recreation, libraries, and human
services programs as authorized by the City Council in Resolution No. 13404, adopted on May
20, 2025, which addressed reservation and use fees for certain facilities and equipment,
miscellaneous fees, use priority policies, and methods for determining activity fees, effective as
of July 1,2025;
WHEREAS, Human Services has reviewed these fees, charges, and related matters
applicable to its activities and has determined certain fees and policies should be adjusted; and
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Scottsdale,
Maricopa County, Arizona, as follows:
Section 1. The City Council hereby authorizes and approves Human Services to adjust
its Schedule of Program Charges, Rental Fees, and Fines to the amounts and policies stated in
Exhibit “A,” attached and by this reference made a part of this Resolution, all to be effective July
1, 2026, which shall supersede those currently in effect pursuant to Resolution No. 13404 as it
applies to the rates and fees for Human Services.
PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County,
Arizona this____day of__________ , 2026.
ATTEST:
CITY OF SCOTTSDALE, an Arizona
municipal corporation
Ben Lane, City Clerk
Lisa Borowsky, Mayor
DVE
AP
AS TO FORM:
Luis E. Santaella, Interim City Attorney
By: Margaret Hirchak, Assistant City Attorney
Page 1 of 1
attachment 9
A€
CITY OF
SCOnSDALE
City of Scottsdale
Human Services
Schedule of Program Charges,
Rental Fees, and Fines
Effective July 1,2026
Resolution No. 13665
Exhibit “A”
Page 1 of 8
statement of Purpose
Throughout its history, the City of Scottsdale has developed open space and facilities for public uses
and purposes. It is intended that many Human Services facilities will be open for drop-in use without
charge, unless reserved. (Exceptions include commercial uses; auditoriums, kitchen facilities, and
other facilities, as determined appropriate by the City Manager or designee currently responsible for
the daily operations within Human Services).
For specified facilities and programs, a portion of the associated operating costs will be recovered
from customers that benefit directly from the use of these facilities or participation in these
programs. Human Services’ fees and charges are reviewed periodically, per adopted financial
policy.
The priority of the use of Human Services’ public facilities is as follows:
1. The uses programmed by staff for that facility throughout the hours of operation of the facility
to serve the targeted patrons of the facility, as identified by the facility manager and the
Human Services representative.
2. Public uses where all or part of the associated operating costs will be recovered from
customers that benefit directly from the use of these facilities or participation in these
programs. This program charges, rental fees, and fines policy is established for facility
reservation and use discounts for Scottsdale residents, as approved by the City Council. The
Human Services representative may make exceptions to this policy when the exceptions are
consistent with the purposes of this policy and community interests are served.
3. Use by City divisions for meetings and events during the times of normal operation when a
room is not being used for a purpose programmed by staff for the patron population or
reserved for a community activity.
Definition of Terms
Commercial Activity. Use by any individual, group, organization, or business whose objective is to
conduct business, or an undertaking intended for economic profit or private gain, whether or not
income is realized, directly or indirectly, in or upon facilities designed to serve residents of the City
of Scottsdale and general public. Activities used to enhance the reputation or lead to income
generating work in the future are considered a commercial use. This includes nonprofit organizations
and educational groups that receive money from participants in activities. Examples of commercial
use include, but are not limited to:
0
An event managed or administered by a promoter (concert, weddings).
Instructional classes (health/wellness lessons, dog training, private sessions).
Personal training instruction (boot camps, fitness instruction).
An activity with or without an entry fee, which may result in an immediate or future profit (tax
preparation, estate planning, investment education or counseling, sales promotion).
Any fundraising event conducted by a for-profit or non-profit organization.
All youth camps/clinics and fundraising events.
Resolution No. 13665
ExhibifA”
Page 2 of 8
Exception to the commercial definition:
Youth (18 and under) related organizations and/or groups that are not part of an educational
institution are excluded from commercial use fees for field and facility reservations utilized for
practices and meetings. The appropriate resident, non-resident, league/tournament, or commercial
fees will apply depending on the reservation request.
Daily Admission. All patrons entering a fee-based facility must check in at the front desk and pay
the daily admission fee regardless of their intended facility use. Daily admission includes the use of
all the amenities at the facility that are in operation. Re-entry to the facility on the same day that the
daily admission is paid is permitted with a re-entry pass. Re-entry passes are issued at the front desk
upon request when leaving the facility. Specif ic facility amenities that are available upon re-entry are
subject to change and different hours of operation. Re-entry passes can only be redeemed at the
facility that they were issued from on the same day.
Drop-in Use. Drop-in uses are without charge and are on a first-come, first-served basis, without
having reserved the facility or space in advance. Advanced reservations, however, have a higher
priority and will displace drop-in uses.
•
Commercial uses are not permitted on a drop-in basis and require a facility use permit.
•
Facilities that are unavailable for drop-in use include public swimming pools, auditoriums,
kitchen facilities, Scottsdale Stadium, the Sports Complexes, WestWorld, designated ball
fields, and other facilities, as determined appropriate bythe Human Services representative.
Fee Assistance. The City of Scottsdale is able to provide fee assistance for selected fee-based
recreation classes and programs. The fee assistance program is intended to serve Scottsdale
residents who are determined to be eligible for assistance based on program guidelines and income
threshold. Parks and Recreation administration staff will have eligibility criteria program guidelines
on file in the Leisure Education/Facilities Booking Office, will require verification of eligibility criteria,
and will oversee the approval process.
Non-profit. Refers to an organization that has been given tax-exempt status under section 501 (c)(3)
of the United States Internal Revenue Code. Proof of non-profit status, including such documents as
the City may deem appropriate for such a determination, may be required bythe City in considering
an application for a facility reservation use permit.
Non-Resident. Anyone who does not live or own property within the corporate boundaries of the
City of Scottsdale and pay property taxes to the City of Scottsdale.
Processing Fee. A non-refundable fee charged for processing an activity registration or a facility
reservation request. There is no processing fee for beer/alcohol permits.
Refunds. Unless otherwise stated, all program refunds shall be prorated up to and includingthe 2"'*
class. No refunds after the 2"“ class date. Classes priced at $10 or less are nonrefundable.
Resident. Anyone who lives or owns property within the corporate boundaries of the City of
Scottsdale and pays property taxes to the City of Scottsdale. Not all Scottsdale mailing addresses
Resolution No. 13665
Exhibit “A”
Page 3 of 8
meet these criteria. Proof of City of Scottsdale residency may be required to determine if an
applicant is eligible for a particular program and the applicable fee.
Retail Sales. Items are to be priced at a minimum of 110% of cost. Inventory reduction/promotional
sales are allowed on a program basis as long as 110% of total inventory costs are recovered.
Fee Classifications and Policies
Classifications for Indoor and Outdoor Facilities Charges
Hunian Services facilities are designated as reservable or non-reservable as determined by the
Human Services representative.
Resident and Non-Resident Fee Classification
Uses of and reservations of use of a Human Services facility and/of equipment are subject to a
resident or non-resident fee unless the Reduced or No Fee classification or Commercial Fee
classification is more appropriate.
Reduced or No Fee Classification
Reduced or No Fee uses may include, but are not limited to:
• Facility reservations and youth programmingthat collaborate with Scottsdale Unified School
District where expenses are shared between both agencies.
® City authorized sponsored, co-sponsored, and partner uses as outlined in and subject to the
terms and conditions of the City of Scottsdale Sponsorship Policy, the City of Scottsdale Co-
Sponsorship Policy, the Youth Sports Field Allocation Policy, and the Youth Aquatic Facility
Allocation Policy.
c Public meetirigs with Federal and State Congressional Representatives when not, in the
judgment of the City, related to elections for public office or ballot questions.
• Reciprocal use or benefit provided for in an intergovernmental agreement or otherwise
authorized in a City agreement or contract.
e City authorized agreements.
• Use of facilities or equipment by City staff and other City divisions for Cjty purposes.
Reservations subject to the Reduced or No Fee classification may still be responsible for the
Processing Fee and “out-of-pocket” expenses, such as staffing, lighting, and utilities.
Notwithstanding the foregoing, the Human Services representative may waive or reduce fees for
organizations that (|) provide services to those in need, (ii) provide services as a substitute for a City
program, or (iii) otherwise contract or partner with the City.
Commercial Fee Classification
The commercial fee rate (including adherence to City of Scottsdale tax and license requirements)
applies to requests by an Individual, organization, or business to use a Human Services facility for a
commercial activity whether income is realized at the time of the use. Certain facilities such as
weight rooms and other facilities as determined by the Human Services representative may only be
scheduled for commercial use outside of normal public use time or in designated low public use
times or nriay not be available forcommercial activities at all.
Resolution No. 13665
Exhibit “A”
Page 4 of 8
• Outdoor Park Commercial Use Fee. The Human Services reserves the right to assign
designated commercial use areas in park outdoor facilities where the requested commercial
use does not require a designated reservable facility. A commercial use permit is required,
and permit fee will be charged for such reservation.
Pilot Fees for Human Services
The Human Services may authorize fees or charges for programs, facilities, equipment, and other
charges within the Human Services conducted on a trial or “pilot” basis of approximately one year
or less.
This pilot period can help the department assess the success of the fee and determine whether to
implement on a long-term sustainable basis. Any pilot fee must comply with any state law
requirements - e.g., for a new or increased fee, provide all required notices and review at the
applicable board or commission meeting before the Human Services representative authorizes and
implements the fee. The Human Services representative may authorize, subject to compliance with
any state law requirements and receiving the concurrence of the City Attorney’s Office, one
temporary extension of each pilot fee if it is determined that further evaluation is needed before
instituting the fee on a long-term basis, which may be through the city budget process. If
implemented on a long-term basis, the fee is subject to approval by the City Council.
Facility and Equipment Charges
The following table lists facilities and equipment charges for residents, non-residents, and
commercial rates if applicable, unless the charge is modified as set forth in this policy.
FaclUtias and Equipment
Resident
Non-
Resident
Commerciat
Processing Fee
Processing Fee Formula
See Processing
Fee
See
Processing
Fee
See Processing
Fee
Card Fee (excluding McDowell Mountain
Ranch Skate Park)
Per Person
$5
$5
Copy Machine Use
Per Copy
$0.25
$0.25
Event Fast Pass
Per Person
$10
$10
Fax Outgoing
Per Page
$1
$1
Beer / Alcohol Permit (one or more
persons)
Per Day
$20
$20
Diversion Program Fee
Per Person
$40
Equipment Rental - Libraries & Senior Centers
AA/ Equipment
Per Event
$75
$75
$75
Facility Room Rental-indoor
Extra Small (max capacity 20)
Per Hour
$5
$5
$5
Small (less than 500sf; max capacity 30)
Per Hour
$20
$20
$20
Medium (501-1 OOOsf; max capacity 79)
Per Hour
$25
$25
$25
Large (1001 -2499sf; max capacity 149)
Per Hour
$40
$40
$40
Extra Large (2500+sf; capacity 150+)
Per Hour
$60
$60
$60
$25
Kitchen
Per Day
$25
$25
Resolution No. 13665
Exhibit “A”
Page 5 of 8
Faciiitlea and Equipment
Commercial Kitchen -1 hour minimum
Reaident
Per Hour
$15
NOUt
Resident
Commercial
$30
$60
Facility Rental-Outdoor
CourtA/olleyball- Grass Reservation
CourtA/oUeyball - Sand
Field/Baseball/Soccer/Softball - Daytime
Per Day
$5
$5
$5
Per Hour
Field/Baseball/Soccer/Softball - Evening
(after 6pm)
Per Hour
$16
$16
$16
$10
$20
$40
Per Hour
$25
Field Preparation - Standard
Per Day
$35
$55
$35
$35
$35
Field Preparation -Custom
Film Permit Fee - Non-Reservable Area
Per Day
Youth Sports Field Allocation Partner-
Field Rental Fee - Daytime
Per Day
$50
$50
$50
$30
Per Hour/
Per Field
$45
$300
50% of Resident Rate for Field/
Baseball/Soccer/Softball Rental - Daytime
Youth Sports Field Allocation Partner-
Field Rental Fee - Evening (after 6pm)
Per Hour/
Per Field
50% of Resident Rate for Field/Baseball/
Soccer/Softball Rental - Evening (after 6pm)
Small Patio (less than 500 sf)
Per hour
$20
$20
Medium Patio (501-1 OOOsf)
Per hour
Large Ramada - Sept-May
Per Rental
$25
$25
$65
$65
Medium Ramada - Sept-May
Per Rental
Small Ramada - Sept-May
All reservable ramadas and picnic areas
for a group of 500 or more-Sept-May
Per Rental
$50
$50
Per Day
$30
$30
$300
$600
Picnic Area - Sept-May
Per Rental
$20
$20
$20
$25
$65
$50
$30
$1,200
$20
Large Ramada-Jun-Aug
Per Rental
$33
$33
$33
Medium Ramada - Jun-Aug
Per Rental
$25
$25
$25
Small Ramada - Jun-Aug
Per Rental
$15
$15
$15
Facility Rental-Outdoor
All reservable ramadas and picnic areas
for a group of 500 or more-Jun-Aug
Per Day
$150
$300
Picnic Area-Jun-Aug
Per Rental
Multiuse Path
Disc Golf Course
Per Day
$10
$10
$250
$250
Outdoor Event
Per Day
Per Event/
Per
Location
Park Commercial Use Area Permit
Parking Lot
Per
Area/Per
Year
Hourly or
Daily
$320/Day
$320/Day
$600
$10
$250
$120
$120
$500
$50/Hour $50/Hour $62/Hour
$400/Day
Facility Rental-Senior Centers
Senior Center Fitness Center Daily
Admission
Per Day
$3
$4.50
Resolution No. 13665
Exhibit “A”
Page 6 of 8
Formula Schedule for Programming, Activity, and Event Fees
The formulas shown below indicate how fees are to be determined for the programs and activities
shown. The formulas relate directly to the City’s costs for providing the activities. Costs are rounded
to the next highest dollar where applicable. Program staff costs include the related benefit costs.
Discounted fees and/or incentive program may be established by the Human Services
representative for promotion and marketing of fee-based programs and activities if total revenue is
equal to the directly related programming costs outlined in the program area recovery criteria.
Where indicated below, fees reflect the resident fee and the fees for non-resident are 50% higher
than for residents.
Processing Fee. The Processing fee is a minimum of 100% recovery of the Leisure Education
system-wide related costs including registration system fees, part time staff costs, recreation
brochure costs, and facility reservation guide costs. The total amount is divided by the total parks and
recreation reservations and system-wide registrations. (Note: Processing fee is also referred to as
administrative fee, registration fee, booking fee, and withdrawal fee.)
Classes and Excursions.
•
Classes: The fee for classes is based on a minimum of 110% recovery of the directly related
costs including program staff, instructor, supplies, equipment, van rental and fuel, rnileage,
and entrance fee, multiplied by the recovery percentage and then divided by the minimum
number of expected registrations.
•
Senior Excursions: The Senior Center Excursion Program registration fee is based on up to
50% recovery of the direct costs for senior citizen programs participants, including
transportation, staffing and event admission fees costs. The fee is calculated as up to 50%
of the total cost fortransportation, staffing and event admission fees divided by the minimum
number of expected registered participants.
A processing fee and a non-resident fee (50% additional) are added to the classes and
program registration fees.
O
Additional Staffing Fee. The fee is based on a minimum of 100% recovery of the directly related
additional staff cost. This fee is for additional staff assistance required for an event and/or activity.
Requests for additional Staff must be for a minimum of two hours.
® The fee is the total cost for the staff including the related benefit cost. An overtime rate
will be calculated for staff working beyond forty hours in a week.
$XX.XX/hr. pay rate + $XX.XX/hr. benefit cost = $XX.XX/hr. staffing cost (rounded to next highest
dollar).
Facility & Equipment Damages Fee. The fee is based on a 100% recovery of directly related facility
and equipment damage costs. This fee is assessed if damages are incurred beyond normal yvear and
tear by the licensee or any member of the group subject to the permit.
Staff Cleanup/Late Stay Fee. 300% of the directly related staff cost may be assessed when a
reservation goes beyond its reserved time or if it is necessary for staff to clean up after a reserved
use. The charge will be assessed in hourly increments with a minimum of one hour.
Resolution No. 13665
Exhibit “W’
Page 7 of 8
Human Services Court-Directed Program Fee. This program is administered jointly by the Human
Services and the City Court as part of Court-directed sentencing and referrals to include screening,
assessment, evaluations, referrals, classes, and counseling services. One part of the program will
involve on-site DUI screenings to address court customers’ and citizens’ treatment needs
individually through a cost-avoidance system where the offender pays for the services. The Human
Services will assess participants a fee equal to a minimum of 110% recovery of direct- and indirect-
related program costs including staffing, contractual, commodity, and capital outlay expenses
divided by the projected number of participants.
Human Services - Online Drug and Alcohol Education Class Fee. $160 per online class. Youth
and Family Services is a licensed Behavioral Health Agency with the Arizona Department of Health.
Under this licensure. Youth and Family Services is approved to provide human services needs to
adult clients needing services. Those services consistpfalcohoi, drug, anger management, DUI, and
domestic violence screenings for defendants needing to comply with court orders. This fee allows
Youth and Family Services to offer online drug/alcohol education classes in addition to the
screenings.
Individual Class Drop-In Fee. This fee applies to classes which are available for registration for an
entire class session. Not all classes will be available for drop-in attendance. Designation of classes
that are available is determined on a programmatic basis. A non-resident fee (50% additional) is
added to the program registration fee. The Drop-In Fee is a minimum of 110% recovery of the average
direct instructor cost per class divided by course minimum, rounded up to the nearest dollar, plus
$2 convenience fee. The minimum Drop-In Fee is $3,
Program Trip (separate from Senior Excursion program). The fee is based on 100% recovery of the
directly related program staff, supplies, equipment, transportation, and entry fee costs. It is
inapplicable to trips to City or School District facilities, and designated City-produced special events
where the participant has registered for a City program and is going on the trip with that program.
The fee is calculated as the total cost for the program staff, contracted service, supplies, equipment,
van rental and fuel, and entry fee, divided by the projected number of participants. A non-resident
fee (50% additional) is added to the program registration fee.
Note: Transportation by City van is calculated as the greater of the following:
• 50 cents/rid er; or
o The number of miles estimated roundtrip, multiplied by the City mileage reimbursement
rate then divided by the projected number of participants.
Senior Services Fitness Center Membership. The fee is based on a minimum of 110% recovery of
directly related costs including staffing, fitness supplies and equipment, contractual, commodity,
and capital expenses (equipment and maintenance costs), divided by the projected number of
fitness center members. A non-resident fee (50% additional) is included in the membership cost.
Membership rates will be rounded to the nearest $5 increment.
Resolution No. 13665
Exhibit “A”
Page 8 of 8
RESOLUTION NO. 13660
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY, ARIZONA, AUTHORIZING AND APPROVING
ADJUSTMENTS TO THE LIBRARY SCHEDULE OF PROGRAM
CHARGES, RENTAL FEES, AND FINES TO BE EFFECTIVE JULY 1,
2026.
WHEREAS, pursuant to Scottsdale Revised Code Section 20-52, the Library and Human
Services Department presently collects (i) fees and charges for recreation, libraries, and human
services programs as authorized by the City Council in Resolution No. 13404, adopted on May
20, 2025, which addressed reservation and use fees for certain facilities and equipment,
miscellaneous fees, use priority policies, and methods for determining activity fees, effective as
of July 1,2025;
WHEREAS, the Library has reviewed these fees, charges, and related matters applicable
to its activities and has determined certain fees and policies should be adjusted; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scottsdale,
Maricopa County, Arizona, as follows;
Section 1. The City Council hereby authorizes and approves the Library to adjust its
Schedule of Program Charges, Rental Fees, and Fines to the amounts and policies stated in
Exhibit “A,” attached and by this reference made a part of this Resolution, all to be effective July
1, 2026, which shall supersede those currently in effect pursuant to Resolution No. 13404 as it
applies to the rates and fees for the Library.
PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County,
Arizona this____day of__________ , 2026.
ATTEST:
CITY OF SCOTTSDALE, an Arizona
municipal corporation
Ben Lane, City Clerk
APPROVED AS TO FORM:
. __________
Luis E. Santaella, Interim City Attorney
By: Margaret Hirchak, Assistant City Attorney
Lisa Borowsky, Mayor
19109780
Page 1 of 1
ATTACHMENT 10
CiTYOFfp
SCOnSDALE
City OF Scottsdale
Library
Schedule of Program Charges,
Rental Fees, and Fines
Effective July 1,2026
Resolution No. 13660
Exhibit “A”
Page 1 of 9
Statement of Purpose
Throughout its history, the City of Scottsdale has developed open space and facilitiesfor public uses
and purposes, it is intended that many Library and facilities will be open for drop-in use without
charge, unless reserved. (Exceptions include commercial uses; library auditoriums, and other
facilities, as determined appropriate by the City Manager or designee currently responsible for the
daily operations within Library).
For specified facilities and programs, a portion of the associated operating costs will be recovered
from customers that benefit directly from the use of these facilities or participation in these
programs. Library fees and charges are reviewed periodically, per adopted financial policy.
The priority of the use of Library public facilities is as follows:
1. The uses programnned bystaff forthatfacilitythroughoutthehours of operation of the facility
to serve the targeted patrons of the facility, as identified by the facility manager and the
Library representative.
2. Public uses where all or part of the associated operating costs will be recovered from
customers that benefit directly from the use of these facilities or participation in these
programs. This program charges, rental fees, and fines policy is established for facility
reservation and use discounts for Scottsdale residents, as approved bythe City Council. The
Library representative may make exceptions to this policy when the exceptions are
consistent with the purposes of this policy and community interests are served.
3. Use by City divisions for meetings and events during the times of normal operation when a
room is not being used for a purpose programmed by staff for the patron population or
reserved for a corhmunity activity.
Definition of Terms
Commercial Activity. Use by any individual, group, organization, or business whose objective is to
conduct business, or an undertaking intended for economic profit or private gain, whether or not
income is realized, directly or indirectly, in or upon facilities designed to serve residents of the City
of Scottsdale and general public. Activities used to enhance the reputation or lead to income-
generating work in the future are considered a commercial use. This includes nonprofit organizations
and educational groups that receive money from participants in activities. Examples of commercial
use include, but are not limited to:
o An event managed or administered by a promoter (concert, weddings).
» Instructional classes (health/wellness lessons, dog training, private sessions).
•
Personal training instruction (boot camps, fitness instruction).
•
An activity with or without an entry fee, which may resultin an immediate or future profit (tax
preparation, estate planning, investment education or counseling, sales promotion).
o Any fundraising eventconducted by a for-profit or non-profit organization.
• . All youth camps/clinics and fundraising events.
Resolution No. 13660
Exhibit “A”
Page 2of 9
Exception to the commercial definition:
Youth (18 and under) related organizations and/or groups that are not part of an educational
institution are excluded from commercial use fees for field and facility reservations utilized for
practices and meetings. The appropriate resident, non-resident, league/tournament, or commercial
fees will apply depending on the reservation request.
Daily Admission. All patrons entering a fee-based facility must check in at the front desk and pay
the daily admission fee regardless of their intended facility use. Daily admission includes the use of
all the amenities at the facility that are in operation. Re-entry to the facility on the same day that the
daily admission is paid is permitted with a re-entry pass. Re-entry passes are issued at the front desk
upon request when leaving the facility. Specificfacility amenities that are available upon re-entry are
subject to change and different hours of operation. Re-entry passes can only be redeemed at the
facility that they were issued from on the same day.
Drop-in Use. Drop-in uses are without charge and are on a first-come, first-served basis, without
having reserved the facility or space in advance. Advanced reservations, however, have a higher
priority and will displace drop-in uses.
•
Commercial uses are not permitted on a drop-in basis and require a facility use permit.
•
Facilities that are unavailable for drop-in use include public swimming pools, library
auditoriums, kitchen facilities, Scottsdale Stadium, the Sports Complexes, WestWorld,
designated ball fields, and other facilities, as determined appropriate by the Library
representative.
Fee Assistance. The City of Scottsdale is able to provide fee assistance for selected fee-based
recreation classes and programs. The fee assistance program is intended to serve Scottsdale
residents who are determined to be eligible for assistance based on program guidelines and income
threshold. Parks and Recreation administration staff will have eligibility criteria program guidelines
on file in the Leisure Education/Facilities Booking Office, will require verification of eligibility criteria,
and will oversee the approval process.
Non-profit. Refers to an organization that has been given tax-exempt status under section 501 (c)(3)
of the United States Internal Revenue Code. Proof of non-profit status, including such documents as
the City may deem appropriate for such a determination, may be required by the City in considering
an application for a facility reservation use permit.
Non-Resident. Anyone who does not live or own property within the corporate boundaries of the
City of Scottsdale and pay property taxes to the City of Scottsdale.
Processing Fee. A nonrefundable fee charged for processing an activity registration or a facility
reservation request. There is no processing fee for beer/alcohol permits.
Refunds. Unless otherwise stated, all program refunds shall be prorated up to and includingthe 2"“^
class. No refunds after the 2"'* class date. Classes priced at $10 or less are nonrefundable.
Resident. Anyone who lives or owns property within the corporate boundaries of the City of
Scottsdale and pays property taxes to the City of Scottsdale. Not all Scottsdale mailing addresses
Resolution No. 13660
Exhibit “A”
Page 3 of 9
meet these criteria. Proof of City of Scottsdale residency may be required to determine if an
applicant is eligible for a particular program and the applicable fee.
Retail Sales. Items are to be priced at a minimum of 110% of cost. Inventory reduction/promotional
sales are allowed on a program basis as long as 110% of total inventory costs are recovered.
Fee Classifications and Policies
Classifications for Indoor and Outdoor Facilities Charges
Library facilities are designated as reservable or non-reservable as determined by the Library
representative.
Resident and Non-Resident Fee Classification
Uses of and reservations of use of a Library facility and/or equipment are subject to a resident or
non-resident fee unless the Reduced or No Fee classification or Commercial Fee classification is
more appropriate. (Resident and non-resident fees are not applicable to Library fines and fees.)
Reduced or No Fee Classification
Reduced or No Fee uses may include, but are not limited to:
• Facility reservations and youth programming that collaborate with Scottsdale Unified School
District where expenses are shared between both agencies.
• Cjty authorized sponsored, co-sponsored, and partner uses as outlined in and subject.to the
terms and conditions o1 the City of Scottsdale Sponsorship Policy,the City of Scottsdale Co-
Sponsorship Policy, the Youth Sports Field Allocation Policy, and the Youth Aquatic Facility
Allocation Policy.
• Public meetings with Federal and State Congressional Representatives when not, in the
judgment of the City, related to elections for public office or ballot questions.
• Reciprocal use or benefit provided for in an intergovernmental agreement or otherwise
authorized in a City agreement or contract.
• City authorized agreements.
o Use of facilities or equipment by City staff and other City divisions for City purposes.
Reservations subject to the Reduced or No Fee classification may still be responsible for the
Processing Fee and “out-of-pocket” expenses, such as staffing, lighting, and utilities.
Notwithstanding the foregoing, the Library representative may waive or reduce fees for organizations
that (i) provide services to those in need, (ii) provide services as a substitute for a City program, dr
(iii) otherwise contract or partner with the City.
Commercial Fee Classification
The commercial fee rate (including adherence to City of Scottsdale tax and license requirements)
applies to requests by an individual, organization, or business to use a Library facility for a
commercial activity whether income is realized at the time of the use. Certain facilities such as
weight rooms and otherfacilities as determined by the Library representative may only be scheduled
Resolution No. 13660
Exhibit “A”
Page 4 of 9
for commercial use outside of normal public use time or in designated low public use times or may
not be available for commercial activities at all.
• Outdoor Park Commercial Use Fee. The Library reserves the right to assign designated
commercial use areas in park outdoor facilities where the requested commercial use does
not require a designated reservable facility. A commercial use permit is required, and permit
fee will be charged for such reservation.
Pilot Fees for Library
The Library may authorize fees or charges for programs, facilities, equipment, and other charges
within the Library department conducted on a trial or “pilot” basis of approximately one year or less.
This pilot period can help the department assess the success of the fee and determine whether to
implement on a long-term sustainable basis. Any pilot fee must comply with any state law
requirements - e.g., for a new or increased fee, provide all required notices and review at the
applicable board or commission meeting before the Library representative authorizes and
implements the fee. The Library representative may authorize, subject to compliance with any state
law requirements and receiving the concurrence of the City Attorney’s Office, one temporary
extension of each pilot fee if it is determined that further evaluation is needed before instituting the
fee on a long-term basis, which may be through the city budget process. If implemented on a long
term basis, the fee is subject to approval by the City Council.
Facility and Equipment Charges
The following table lists facilities and equipment charges for residents, non-residents, and
commercial rates if applicable, unless the charge is modified as set forth in this policy.
Facilities and Equipment
Resident
Non-
Resident
Commercial
Processing Fee
Processing Fee Formula
See Processing
Fee
See
Processing
Fee
See Processing
Fee
Card Fee (excluding McDowell Mountain
Ranch Skate Park)
Per Person
$5
$5
Copy Machine Use
Per Copy
$0.25
$0.25
Event Fast Pass
Per Person
$10
$10
Fax Outgoing
Per Page
$1
$1
Beer / Alcohol Permit (one or more
persons)
Per Day
$20
$20
Diversion Program Fee
Per Person
$40
Equipment Rental - Libraries & Senior Centers
A/V Equipment
Per Event
$75
$75
$75
Facility Room Rental-Indoor
Extra Small (max capacity 20)
Per Hour
$5
$5
$5
Small (less than 500sf; max capacity 30)
Per Hour
$20
$20
$20
Medium (501-1 OOOsf; max capacity 79)
Per Hour
$25
$25
$25
Large (1001 -2499sf; max capacity 149)
Per Hour
$40
$40
$40
Resolution No. 13660
Exhibit “A”
Page 5 of 9
Facilitias and Equipment
Rgaident
Nttn=
Rasidant
Commercial
Extra Large (2500+sf; capacity 150+)
Kitchen
Per Hour
$60
Per Day
$25
$60
$25
$60
$25
Facility Rental-Outdoor
Small Patio (less than 500 sf)
Per hour
Medium Patio (501-1000sf)
Large Ramada-Sept-May
Per hour
$20
$25
Medium Ramada - Sept-May
Per Rental
$65
Per Rental
$50
Small Ramada - Sept-May
Per Rental
$30
$20
$25
$65
$50
$30
$20
$25
$65
$50
$30
All reservable ramadas and picnic areas
for a group of 500 or more - Sept-May
Per Day
$300
Picnic Area - Sept-May
Per Rental
$20
Large Ramada - Jun-Aug
Per Rental
$600
$20
$33
$1,200
$20
Medium Ramada-Jun-Aug
Per Rental
$25
Small Ramada - Jun-Aug
Per Rental
$15
$15
$15
Facility Rental-Outdoor
All reservable ramadas and picnic areas
for a group of 500 or more - Jun-Aug
Picnic Area - Jun-Aug
Per Day
Per Rental
$150
$10
$25
$300
$10
$25
$600
$10
Multiuse Path
Outdoor Event
Per Day
$250
Per Event/
Per
Location
$250
$250
$120
Park Commercial Use Area Permit
Per
Area/Per
Year
$500
Parking Lot
Hourly or
Daily
$50/Hour
$320/Day
$50/Hour
$320/Day
$62/Hour
$400/Day
Resolution No. 13660
Exhibit “A”
Page 6 of 9
Scottsdale Public Library Fines and Fees. The following table lists Scottsdale Public Library fines
and fees for residents, non-residents, and commercial rates, if applicable.
LfS Public Library Fines and Fees
iBiELtfi
Interlibrary Loan Materials Overdue
Per Day
$1
Account Balance Minimum when Customers
Cannot Check Out Items
Minimum
$10
Damaged/Lost Supplemental
Materials/Contents
Per Item
$5
Lost or Damaged Book Club to Go Tote Bags
Per Bag
$20
Lost or Damaged Library Materials, Kit/Kit
Contents Replacement*
Per item
damaged/lost
materials, kit
contents or full
kit
Actual cost of item or if multiple
items, the average item cost of kit
contents. If the material or
equipment is provided to the
Library by a non-City of Scottsdale
partner, the fee charged will be up
to the cost of the materials paid
for by the partner organization.
Customer Account Sent to a Collection Agency
Threshold
Minimum
$25
Collection Agency Fee
Per Borrower
$15
Non-Resident Library Card Annual Fee
Annually
$43
Returned Check and Credit Card Chargebacks
$25
Interlibrary Loan Request Charge
No charge-except for any charges
the lending library may assess,
usually between $5-$20
Interlibrary Loan Not Picked Up
Per Item
$1
Lost Interlibrary Loan
Cost assessed by the lending
library
Black & White Print/Copy
Per Page
8.5x11 =$0.25 8.5x14 = $0.50
11 X17 = $0.50
Color Print/Copy
Per Page
8.5x11 =$1.00 8.5x14 = $1.75
11 x17 = $1.75
3D-Printer Print Job Fee
Per Gram
$0.10
Black & White Microfilm/Microfiche Copy
Per Page
$0.25
■kMissing disc of multi-disc set (if replaceable)
Per Disc
$10
Rftsidflitt
Non-Raaident Commareiat
Capacity
Civic Center
Auditorium
280
$70/hour
$100/hour
$180/hour
Copper Gallery
75
$25/hour
$25/hour
$25/hour
Platinum Room
15/25
$10/hour
$10/hour
$10/hour
SFIC Program Room
18/28
$5/hour
$5/hour
$5/hour
Kitchen
$25/day
$25/day
$25/day
Resolution No. 13660
Exhibit “A”
Page 7 of 9
Scottsdale Public Library Room Rental
Resident
Capacity
Mustang
Auditorium
140
$50/hour
$70/hour
$120/hour
Book Discussion Room
25/40
$20/hour
$20/hour
$20/hour
Arabian
Collaboration Room
12/18
$5/hour
$5/hour
$5/hour
Meeting Room 1
18/28
$5/hour
$5/hour
$5/hour
Meeting Room 2
18/28
$5/hour
$5/hour
$5/hour
Appaloosa
Meeting Room 1
25/40
$20/hour
$20/hour
$20/hour
Meeting Room 2
25/40
$20/hour
$20/hour
$20/hour
Exclusive Use - Meeting
Rooms 1 &2
50/80
$25/hour
$25/hour
$25/hour
Library/W Fee
$75/event
$75/event
$75/event
Formula Schedule for Programming, Activity, and Event Fees
The formulas shown below indicate how fees are to be determined for the programs and activities
shown. The formulas relate directly to the City’s costs for providing the activities. Costs are rounded
to the next highest dollar where applicable. Program staff costs include the related benefit costs.
Discounted fees and/or incentive program may be established by the Library representative for
promotion and marketing of fee-based programs and activities if total revenue is equal to the directly
related programming costs outlined in the program area recovery criteria.
Where indicated below, fees reflect the resident fee and the fees for non-residents are 50% higher
than for residents.
Processing Fee. The Processing fee is a minimum of 100% recovery of the Leisure Education
system-wide related costs including registration system fees, part time staff costs, recreation
brochure costs, and facility reservation guide costs. The total amount is divided by the total parks and
recreation reservations and system-wide registrations. (Note; Processing fee is also referred to as
administrative fee, registration fee, booking fee, and withdrawal fee.)
Classes and Excursions.
•
Classes: The fee for classes is based on a minimum of 110% recovery of the directly related
costs including program staff, instructor, supplies, equipment, van rental and fuel, mileage,
and entrance fee, multiplied by the recovery percentage and then divided by the minimum
number of expected registrations.
•
Senior Excursions: The Senior Center Excursion Program registration fee is based on up to
50% recovery of the direct costs for senior citizen programs participants, including
transportation, staffing and event admission fees costs. The fee is calculated as up to 50%
of the total cost for transportation, staffing and event admission fees divided by the minimum
number of expected registered participants.
•
A processing fee and a non-resident fee (50% additional) are added to the classes and
program registration fees.
Resolution No. 13660
Exhibit “A”
Page 8 of 9
Additional Staffing Fee. The fee is based oh a minimum of 100% recovery of the directly related
additional staff cost. This fee is for additional staff assistance required for an event ahd/or activity.
Requests for additional staff must be for a minimum of two hours.
® The fee is the total cost for the staff including the related benefit cost. An overtime rate
will be calculated for staff working beyond forty hours in a week.
$XX.>0(/hr. pay rate + $XX.XX/hr. benefit cost = $XX.XX/hr. staffing cost (rounded to next highest
dollar).
I
Facility & Equipment Damages Fee. The fee is based on a 100% recovery of directly related facility
and equipment damage costs. This fee is assessed if damages are incurred beyond normal wear and
tear by the licensee or any member of the group subject to the permit.
Staff Cleanup/Late Stay Fee. 300% of the directly related staff cost may be assessed when a
reservation goes beyond its reserved time or if it is necessary for staff to clean Up after a reserved ,
use. The charge will be assessed in hourly increments with a minimum of one hour.
individual Class Drop-In Fee. This fee applies to classes which are available for registration for an
entire class session. Not all classes will be available for drop-in attendance. Designation of classes
that are available is determined on a programmatic basis. A non-resident fee (50% additional) is
added to the program registration fee. The Drop-In Fee is a minimum of 110% recovery of the average
direct instructor cost per class divided by course minimum, rounded up to the nearest dollar, plus
$2 convenience fee. The minimum Drop-In Fee is $3.
Program Trip (separate from Senior Excursion program). The fee is based on 100% recovery of the
directly related program staff, supplies, equipment, transportation, and entry fee costs. It is
inapplicable to tripsto City or School District facilities, and designated City-produced special events
where the participant has registered for a City program and is going on the trip with that program.
The fee is calculated as the total costforthe program staff, contracted service, supplies, equipment,
van rental and fuel, and entry fee, divided by the projected number of participants. A non-resident
fee (50% additional) is added to the program registration fee.
Note: Transportation by City vari is calculated as the greater of the following:
• 50 cents/rider; or
The number of miles estimated round trip, multiplied by the City mileage reimbursement
rate then divided by the projected number of participants.
9
Resolution No. 13660
Exhibit "A”
Page 9 of 9
/
RESOLUTION NO. 13666
A RESOLUTION OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY,
ARIZONA, INCREASING POLICE DEPARTMENT HOURLY FEES FOR OFF
DUTY OFFICERS AND INCREASING VEHICLE USE FEES.
WHEREAS, the Seottsdale Police Department fills requests to hire off-duty employees to
work police related duties such as security and traffic control at events or unique situations; and
WHEREAS, it benefits the City for police employees to fill these requests, as City police
employees are familiar with the City and its activities, and have a direct line of communication in
case further assistance is necessary; and
WHEREAS, City police employees often utilize City police vehicles to fulfill their duties,
whereby the City incurs maintenance costs; and
WHEREAS, the Scottsdale Police Department has reviewed these fees and has
determined that they should be adjusted;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Scottsdale, Maricopa
County, Arizona, as follows:
Section 1. Effective July 1, 2026, the Scottsdale Police Department js authorized to
increase fees for off duty police employees and vehicle use fees in the amounts set forth in Exhibit
"A", attached and by reference made part of this Resolution, all to be effective July 1, 2026.
PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County,
Arizona this_____day of__________________ , 2026.
ATTEST;
CITY OF SCOTTSDALE, an Arizona
municipal corporation
Ben Lane, City Clerk
APPROVED AS TO FORM:
—i
s E. Santaella, Interim City Attorney
By: James Heard, Assistant City Attorney
Lisa Borowsky, Mayor
19086978
Resolution No. 13666
Page 1 of 1
attachment 11
CITY or
scons4^
IDALE
Written Report: Data Supporting New or Increased Rates/Fees
For FY 2026/27
DEPARTMENT
PolictDapttlminl
RATE/FEE TTTl£(S)
Off-Duty OfSctf Rif A4|tBliiwnl
DMSiON
UnfonntdStfviCM
REQUEST
IncrMS*
BACKGROUND
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City.
ANALYSIS/ASSESSMENT JUST¥)CATK}N FOR PROPOSED CHANGMS)
ThA Off-duty fOA for PotcA DlpAtl mom stiff his not bton vpdAlAd MICA FY2U4aOS& SincA th# Iasi upditA of liH laom Afficors liAvA lACAnod pAy ncroASAS n
AddHion to tho food stop poy ncroniAnls. BiSAd on contponsora of oihir locil poor HAnciot. SeotisdolA S cwtAnt Off-duty ritos ploco iho oty n iho towr hilf of tho
rocionAl niAiliAl for saiom officor sorviCAS IncrOASiriA ihA Off-duty rilA IaUa lo SSVSOSrSlOS for OffiCArsi'SArRAAntsAjAulAnAnls aAI At«n Scot isddA's riiAS wlh or
AbouA poor AiAfioAS. IhA DopArtnitnl Also rKommcnds A corrosponOnA incroASA lo iho Hobdoy Off-duty mo H 1-ir2 Irnos tho prsposAd riaulir Off-duty iitA, rrluch
romAins conastoni with our miam prKticA.
Rate or Fw Titta
Off-OutyOffiCAf
Forecftfftad
Aanuat
Cterent
RateorFMAasMMd Parte^aM RjteorFw
Pat Hour
KfA
$75
CwrantAmval
RaiTMua
so
Proposed
Rate or Fee
$85
PrcpoAAd
RAtoorFoA
Ctunts
$10
EstanatedArauel
Rwrenue Chonfo
so
Off-OutySocAOiRl
Pat Hour
tVA
$85
$0
$05
$10
SO
Ofl-Outy boutoriAM
PtrHout
WA
$»5
SO
$105
$10
SO
Off-OutyOfficAr-Holidiy Porttour
WA
$11250
SO
$127.50
$15
SO
OffOutySoriAvt-Hobdoy PorHov
WA
$12750
SO
$M250
$15
SO
Off-Duty btuttnAM - HoMiy
Por Hour
WA
$M250
SO
$15750
S15
SO
Totol
$0
SO
23
19086978
Exhibit A to Resolution No. 13666
Page 1 of 2
ClfYOl
sconsi^ME
Written Report: Data Supporting New or Increased Rates/Fees
For FY 2026/27
DtPAfiTMENT
PodcaOtpwtiiiMM
RATI/FEE TTTIE^S)
V«NcI*UMFm
DIVTSION
IMfornad Scnictt
REQUEST
IflcrMS*
BACKGROUND
As • Mtvic* 10 Ih* Cflmminitir. Uw Soeilidii* Pol<« Dtpi
I MfiKs raquoUt W hito On-^ sanni Mid pretoSMiW s<iN tmployooi tw poico nUitd dwits sucA
siMcily.lRiddlion loponemotsonricos pole# notwlosvoofton loquvtdlotnairt ihtsoduiits art MWtd
«s Iritfic conirel II Mtnn w in uniqut Mualier
ofhctMty.BKiusoihMt««hicltsincvcosis«ihicliirinoiictowH«d^nsiUrit5ilont.iv(laclifMischir(tdloi«c«virM(n*ofiriicoelsissociiiod witiiho
im of city owiod vohKlis. Tht cwTMil DOhlcIo fN IS ST por hour Mid wo proposo Ml jnems* 10 S8 por hour.
ANALYSIS/ASSESSiffNT WSTFICATXJN FOR PROPOSED CHANGES)
Our onoM noNcIo fto of ST Ml hour rM*s M in rtw to
uppor hiH ond brno le Mo iliMifflMM wMi conpmhlo toonooo.
■ oomporiblo looncNt. kicroitino our nohicto foo from ST to S8 Ml how would iMik ue Mrano tho
F«recssted
Aflnuil
CUTWlt
Rit« or Fm TttSm
RotBorFotAinefwd Pirteyboo RjtaorF««
VUudoUtoFM
Porhow
3L5T1
ST
CmntAfvxttl
S2S.000
Propowd
RjtoorFa*
ss
Propoood
RitoorFoo
EftmitodAinM
Ouiwo
RonrawCbMio
SI
S3.571
34
19086978
Exhibit A to Resolution No. 13666
Page 2 of 2
Item 24
Public Hearing and Adoption of
FY 2026/27 Rates and Fees
CITYOF^C^
SCOnSDALE
C/ty Council Meeting
May 19,2026
FY 2026/27 PROPOSED RATE & FEE CHANGES
Present in
Detail
March 3, 2026
60-Day
Posting
Compliance
15-Day
Posting
Compliance
Public Hearing
& Adoption
May 19, 2026
CITYOF*^
SCOnSDALE
Summary of Major Fee Changes
Water/Water Reclamation
• Water fee increase of 4.5% ($6.3M additional revenue)
• Sewer fee increase of 3.5% ($2.0M additional revenue)
• Miscellaneous Service Charges ($0.1 M additional
revenue)
CITVOF^J^
SCOnSDALE
^CITYOF
^-SCOnSDALE
ENTERPRISE FUNDS-WATER RESOURCES
$200.00
$150.00
$100.00
$50.00
S-
$71,32
$27.65
$43.67
CITY0F4^
SCOnSDALE
Residential Utility Bill Comparison
1" Meter - Water Use 16,000 Gallons and Sewer Use 11,000 Gallons
$124.58
$42.85
$81.73
Chandler
COS Adopted
$129.79
$44135
$85.44
COS Proposed
$134.47
$39.96
$94.51
$147.31
Peoria
■ Water
S51.00
$96.31
Tempe
Sewer
$154.70
$55.08
Phoenix
• Total
5167.84
$169.56
$68.77
$99.07
$60.49
$109.07
Glendale
Mesa
$180.82
$62.01
$118.81
Gilbert
.4<[ITY0F
<|:SCOnSDALE
Summary of Major Fee Changes
CITYOF^
SCOnSDALE
Water/Water Reclamation
• Water fee increase of 4.5% ($6.3M additional revenue)
• Sewer fee increase of 3.5% ($2.0M additional revenue)
• Miscellaneous Service Charges ($0.1 M additional
revenue)
Solid Waste
• Residential rate increase of 2% ($0.7M additional revenue)
• Commercial rate increase of 4% ($0.2M additional
revenue)
^CITYOF
#SC0nSDAlE
Summary of Fee Changes
Planning and Development
• Eliminate, add, or modify fees based on state mandate or non-use
($85,038 additional revenue)
Parks and Recreation
• Replace year-round YSFA partner rental rates with seasonal rates;
make permanent the pilot McCormick-Stillman Railroad Park
Roundhouse entry fee ($79,573 additional revenue)
Preserve
• Eliminate the annual professional photography permit (-$3,900 in
reduced revenue)
CITY OF®
SCOnSDALE
J^CITYOF
f-SCOnSDALE
Summary of Fee Changes
CITY OF
SCOnSDALE
Scottsdale Stadium
• Inflation adjustments; First Base Patio fee made permanent; new Left
Field Berm Patio & Locker Room fees; Banyan Room fee eliminated
($90,895 additional revenue)
Tourism & Events
• Increase to Banner Install/Removal fees ($12,300 additional revenue)
Library & Human Services
• New room booking, collection agency, and 3-D printing fees ($17,000
additional revenue)
Police Department
• Increase to Off-Duty Officer pay and Off-Duty Vehicle Use fee ($3,571
^additional revenue)
^SCOnSDALE
^«;SC0nSDALE
7
FY 2026/27 Recommendations - Rates and Fees
Adopt Resolution No. 13658 and Ordinance No. 4708, amending Scottsdale Revised Code, Chapter 49, Water, Sewer and
Sewage Disposal sewer/water reclamation rates and miscellaneous rates and charges, and adjusting water rate (volumetric
and base) charges.
Adopt Ordinance No. 4709, amending Scottsdale Revised Code Chapter 24, Solid Waste Management by adjusting solid waste
rates and charges.
Adopt Resolution No. 13661, authorizing and approving adjustments to the Planning & Development Services Department fees
and charges.
Adopt Resolution No. 13655, authorizing and approving the Parks and Recreation Department schedule of rates and fees.
Adopt Resolution No. 13656, authorizing and approving adjustments to the Preserve Department schedule of rates and fees.
Adopt Resolution No. 13667, authorizing and approving the Scottsdale Stadium and Indian School Park professional baseball
facilities schedule of program charges, rentals, and event fees, and authorizing the City Manager or designee to execute
Scottsdale Stadium and Indian School Park use agreements with negotiated fees or fees for areas not typically reserved.
Adopt Resolution No. 13668, authorizing and approving the event directional street banner fees in the Tourism & Events
Department.
Adopt Resolution No. 13665, authorizing and approving adjustments to the Human Services schedule of program charges,
rental fees, and fines.
Adopt Resolution No. 13660, authorizing and approving adjustments to the Library Department schedule of program charges,
rental fees, and fines.
Adopt Resolution No. 13666, increasing Police Department hourly fees for off duty officers and increasing vehicle use fees.
The following slides are from the March 3, 2026, proposed rates
and fees discussion. They are included as a resource only.
CITY OF ^
SCOnSDALE
FY 2026/27 PROPOSED RATE & FEE CHANGES
Public Hearing
& Adoption
May 19, 2026
60-Day
Posting
Compliance
Present in
Detail
>
^5
S:ifA
...K.
ENTERPRISE
FUNDS
FAl
•1
PROPOSED
RATE & FEE
CHANGES
tiacin
man
KiiUK
•1 titKisit ■
imr s*=: -
OTHER
OPERATING
FUNDS
rtit
PROPOSED
RATE & FEE
CHANGES
•KKfSItn
•IfSI*
•ni
lilST
12
FY 2025/26 FORECASTED REVENUE CHANGES
OTHER OPERATING FUNDS
General Fund
Revenue
ENTERPRISE FUNDS
I I I I I 1 I I ^
V • W/W
\pWWjWWW
Parks & Recreation & Preserve
$1,000
Library & Human Services
$17,000
Police
$3,571
Tourism & Events
$12,300
General Fund Total
$118,909
Special Programs Fund
Revenue
lU
Parks & Recreation & Preserve
$79,573
Stadium Facility Fund
Revenue
Scottsdale Stadium
$90,895
Enterprise Funds
Water Resources
Solid Waste
Enterprise Funds
Total
Revenue
$8,372,783
$827,694
$9,200,477
^CITYOF
<J-SC0nSDAlE
43
h:.
13
t',
ipap I4
I f*i»
■V
li
■.:|f!»::
fe' --
:«^S
, m^Mm>
%
'll
£
'w
FY 26/27
PROPOSED RATE & FEE CHANGES
Scottsdale Water Resources
City Council
March 3,2026
ENTERPRISE - WATER RESOURCES
Revenue Proposals
4 Proposed
>
Water fees increase (4.5%) - Effective November 1,2026
>
3.5% Operating/Maintenance and Capital
>
1.0% to assist in funding additional water sources and supply
>
Sewer fees increase (3.5%) - Effective July 1,2026
>
Misc. service charges, changes vary by type - Effective July 1,2026
V ■■'•A
I?
.#^CITY0F
#SCOnSDALE
15
ENTERPRISE - WATER RESOURCES
Significant Cost Drivers
' LS
(Si.
’-;S
4 Operations
Significant increases over the last four years in:
> Raw Water - 6%
> Personnel Services - 8%
> Electricity - 34%
> Chemicals-8%
PTi
i ffi
%,4oi i=i
® i
J^CITYOF
^.^SCOnSDALE
16
ENTERPRISE - WATER RESOURCES
Significant Cost Drivers
4 CIP
> Drought driven improvements
>
ASR well 53a : ~$9.0M
>
Automated meter programs : ~$4M
> Lift Station modifications and improvements
>
Two Lift Stations : ~$ 18.2 M
> Booster Pump modifications and improvements
>
BPS-55 :~$I7.I M
i-3S
si
tel
m
i^CITYOF
C-SCOnSDALE
17
ENTERPRISE -WATER RESOURCES
Water Rates
Base Fees (All Customers)
5/8” Meter
3/4” Meter
I ” Meter
1.5” Meter
2” Meter
3” Meter
4” Meter
Current
$15.75
$21.85
$31.45
$62.90
$78.70
$173.05
$275.35
Proposed
$16.46
$22.83
$32.87
$65.73
$82.24
$180.84
$287.74
Proposed Implementation Date Water November 1,2026
ar-v
fKTf
J^CITYOF
#SCOnSDALE
18
ENTERPRISE -WATER RESOURCES
Water Rates
Residentie- Use Including
Landscaping Volume Charges
(Rates Per I K Gallons)
MBisMsitI
Mill
I
I*V'
%
2
3
$172
$3.24
$4.75
$1.80
$3.39
$4.96
0
5,001
12,001
5,000
12,000
20,000
mil
mini
mini
Proposed Implementation Date | Water November 1,2026
*Rate applicable to commercial and residential water haulers and hydrant meters.
I^CITYOF
y. SCOTTSDAlt
19
ENTERPRISE - WATER RESOURCES
Water Rates
Commercial Use Including
Landscaping Volume Charges
(Rates Per I K Gallons)
-’MM
la
1
2
$/.72
$3.24
$1.80
$3.39
0
5,001
5,000
'
12,000
■v
I
■:
111
IJIIllll
IIIIIII
i^CITYOF
^ SCOnSDALE
Proposed Implementation Date [Water November 1,2026
20
ENTERPRISE - WATER RESOURCES
Sewer Rates
Base Fees (All Customers)
a
mSTi
il
65
2” Meter
3” Meter
r Meter
$114.80
$147.60
$216.40
$118.82
$152.77
$223.97
Proposed Implementation Date July 1,2026
mr:". mm
mu
I/I
.^CITYOF
crm
^4-'" SCOnSDALE
21
ENTERPRISE - WATER RESOURCES
Miscellaneous Service Charges
Service Charges
Meter and Service Lines (All Sizes)
Bulk Water Rate
FY
Proposed
Est.
#Of 2025/26 FY 2026/27
Revenue
Sales Fee
Fee
Change
163
$2,400 - $4,790 $2,790 - $4,960
Various
$62,030
3
$2.42
$2.53
$0.11
$2,753
Additional Water Fund Revenue
$64,783
Si
r>!
Proposed Implementation Date July 1,2026
it?
’i:
^CITYOF
foSCOnSDALE
22
ENTERPRISE - WATER RESOURCES
Utility Comparison
'k
$200.00
$150.00
$100.00
$50.00
$-
•-r—r—
S71.32
$27.65
$43.67
Residential Utility Bill Comparison
1" Meter - Water Use 16,000 Gallons and Sewer Use 11,000 Gallons
S124.58
$42.85
$81.73
Chandler
COS Adopted COS Proposed
City of Scottsdale:
$5.21 Increase
5129 79
: :S44'.3S
. $85:44;
$134.47
S39.96
$147.31
Ssi.oo
$96.31
$154.70
$55-08
$99.61
Peoria
Tempe
Phoenix
■ Water
■ Sewer
• Total
Sib/.84
$68.77
$99.07
Glendale
$169.56
$60.49
$109.07
Mesa
$180.82
$62.01
$118.81
Gilbert
^CIIYOF
C SCOnSDALE
23
m
FY 2026/27 Enterprise Funds
Solid Waste
M
^5
-'rM
fee
14,-;-^ .s
•1
$
■J
*4
, tu*-m
^CITYOF
C SCOnSDALE
24
Solid Waste: Rate Analysis
.nr
r.'
k
SS!
BURNS^cdONNELL
—^
I
^p5
*■
'i V -,
. ' .
t'<‘ »}..
■ ■^.. .; -jf=.
->.v.
"^'■•“Wv
'fk'V •
—
.1?:
: ’~i,
► ■>
■
-
^
T.
_J-I»
SOLID WASTE RATE ANALYSIS
*
m
t,iU'
i
Austin - Buckeye - Casa Grande - Coolidge - Dallas - Denver - Fort Worth - Glendale
- Goodyear - Houston - Kansas City - Phoenix - Queen Creek - Tempe - Tucson
25
Solid Waste: Rate Study Objectives
• Determine the total cost of providing solid waste and recycling
services
Allocate costs to the appropriate customer classes
Design rates that safeguard the financial integrity of the operation
t-j—
I.531
_ V-'-ii 'v
L-
%^iSCOnSDALE
26
Solid Waste: Proposed FY 2026/27 Rates
5^
RESIDENTIAL
COMMERCIAL
Front Load
Roll-Off (incl. Stons)
Holiday Park
Recycling Carts
Container Recycling
•-i-3
■iii
M
First Can
Additional Can
2 Cubic Yard
3 Cubic Yard
4 Cubic Yard
I 5 Cubic Yard
6 Cubic Yard
8 Cubic Yard
.n:.
90 Gallon
300 Gallon
2 Cubic Yard
3 Cubic Yard
4 Cubic Yard
6 Cubic Yard
8 Cubic Yard
FY 2025/26 Rate
$31.78*
$16.13
$117.52
$126.42
$135.74
$144.29
$153.19
$166.31
$651.05
$119.83
$14.30
$46.77
$93.00
$97.74
$102.51
$112.00
$121.52
FY 2026/27 Rate % Increase
$32.42*
$16.45
$122.22
$131.48
$141.17
$150.06
$159.32
$172.97
$677.09
$124.63
$14.87
$48.64
$96.72
$101.65
$106.61
$116.48
$126.39
F-
2.0%
2.0%
4.0%
4.0%
4.0%
4.0%
4.0%
4.0%
4.0%
4.0%
4.0%
4.0%
4.0%
4.0%
4.0%
4.0%
4.0%
* Total current rate of $31.78 includes $0.08 fee paid to the State of Arizona section 49.836 and proposed rate of $32.42 also includes $0.08 fee paid
to the State of Arizona section 49.836
27
Solid Waste: Revenue Estimates
Revenue
Residential Rates
Commercial Front Load
Refuse Rates*
Commercial Roll Off
Commercial Front Load
Recycling
Commercial Side Load
Recycling
Miscellaneous Charges
Total Rates
*lncludes Holiday Park
p
Rounding difference may occur.
Estimated Revenue
(Current)
% Change Estimated Revenue (Increase
‘T
■^1mm
^ ■ r
$33,345,913
$3,028,161
$512,376
$140,195
$116,363
$146,194
$37,289,202
2.0%
4.0%
4.0% a
4.0%
4.0%
Varies
pi
m
$671,293
$121,238
$20,493
$5,611
$4,647
S4,411
$827,694
I^CITYOF
^SCOnSDALE
r..'
28
Solid Waste: Recycling Costs
Recycling Charges (per ton): January 2023 - December 2025
$150.00
S112.08
$102.73
S102.02
$101.97
$89.21.X-
'V S8£
S98.2
95.91
$100.00
$87.21
$90.50
$90.50
$85.08 _ $85.08S84.36
$87.21589-39
$89.39
$100.43
$73.94 $75.84
$78.87
585-49 ssiiT^-.------------3g3 72
$72.53
^<:!^S59.31
$68.45
$64.34
$76.34
$51.62
$52.72 $51.34
/
$47.46
\
$64.34
$50.00
$55.70
$50.86
$31.79
$26.54
$17.65
$31.79
^
$14.76
$14.81
^
$26.54
$7.49 $4.13
($0.72)
Sl.05>v
($1.72)
$15.35
$0.00
(s-7)
,$i4.e8f!:r>
($8.74)
($16.63)
3.49
($9.62)
($38.88)
($33.87)
($38.05)
r
$33.87)
($34.80)
($42.71) 3
isl
($50.00)
($64.12) y
($80.29) X ($64.12)
($85.54)
($85i!4)
($100.00)
Jan-23
Apr-23
Jul-23
Oct-23
Jan-24
Apr-24
Jul-24
Oct-24
Jan-25
Apr-25
Jul-25
Oct-25
Rev Share/Ton
Charge - Rebate/(Pavable)
Base Processing Fee
Base Processing Fee - The fee imposed by the City of Phoenix and/or Republic Services without credits applied for recycling revenue based on the cu rrent maricet conditions.
Revenue Share per Ton - The Rev Share/Ton or Blended Rate, is the revenue Phoenix and/or Republic Services receives from marketing the individual commodities based on the market conditions.
Charge - Rebate/(Payable)-The base processing fee with the Rev Share/Ton applied. This is the net amount the City of Scottsdale pays/(earns) for recycling processing per ton.
Cost per Ton 5 Year Averages : Refuse vs Recycling
FY22/23 Cost per Ton
Refuse: $30.30
Recycling: $34.32
FY 23/24 Cost per Ton
Refuse: $31.21
Recycling: $11.74
FY21/22 Cost per Ton
Refuse: $27.77
Recycling: $17.16
5 Year Cost per Ton
Averages
Refuse: $30.89
Rprvnlincf* .<^91 4R
FY24/25 Cost per Ton
Refuse: $32.15
Recycling: $6.21
FY25/26 Cost per Ton
Refuse: $33.02
Recycling: $38.00
J^CITYOF
#SC0nSDALE
30
Solid Waste: Valley Rate Comparison
543.32
$28.00
$25.90
$27.55 $28.10
$19.86 $21.05
:• .:;y-
1
Peoria
Chandler
Gilbert
_______________________________________$34.51
$31.00
$31.78«2-42
llJlf
Glendale Scottsdale Tempe
$34.99
$37.32
633.17
Glendale Scottsdale
25/26
■ Proposed 26/27 Rate
Mesa
Phoenix
l^akDAlE
31
FY 2026/27 Non-Enterprise
i
Planning & Development Services
a
/ • ■'.
^CITYOF
<J^SC0nSDALE
V,/'V
'•
32
Planning & Development Services
Propose No increase in rates & fees
Fees Added or Modified due to new State mandates including adjustments
to Land Division actions and new case types:
•
Elimination/adjustment of land division review fees (preliminary/final
plats)
•
New case types:
ADUs
Multi-Family Conversion (Adaptive Reuse)
^ Middle Housing
Removal of fees associated with cost recovery for antiquated requests
• Compact Discs/Custom CDs
•
Hard Copies - General Plan, Zoning & Stormwater Ordinances
33
Planning & Development Services
New Case Types - State Mandated
Fee
Current Fee Proposed Fee Increase Revenue
Assessed FY52025/26 FY 2026/27 per user Change
Program/Fee
$131 'W New Fee $2,620
Accessory Dwelling Units
(ADUs)
per rate or
$0.00
fee
Multi-Family Conversion
(Adaptive Reuse)
per rate or
fee
$4,618
$0.00
$2,309
New Fee
■i
per rate or
fee
$0.00
$2,309
New Fee $11,545
Middle Housing
Planning & Development Services
Land Division Fees-Elimination/Modification-State Mandated
Program/Fee
Development Review - Land Division
Major Subdivision (Preliminary Plat)
Development Review - Land Division
Minor Subdivision
Plat Fees - Land Combination
Residential
Plat Fee - Land Combination
Commercial
Preliminary Plat
Plat Fee - Final Plat
Plat Fee - Certificate of Correction
Grand Total
Fee
Current Fee Proposed Fee Increase Revenue
Assessed FY52025/26 FY 2026/27 per user Change
Per rate or
$3656 + $20
fee
Per lot
Per rate or
fee
$1825+ $20 Per
lot
■ .■ ■ ——: ^ . -V. ' '''’iTr
u
Per rate or
fee
per rate or
fee
I per rate or
fee
per rate or
fee
per rate or
fee
$863
varies
$0.00
$0
$121 per hour
$0
$0
$0
$0
$1500 + $100
per lot
$3000 + $250
per lot
$1,000
Eliminate
Eliminate
Eliminate
Eliminate
Modified
Modified
Flat Fee
($23,576)
($24,305)
($4,315)
($12,299)
$52,500
$76,250
$2,000
$85,038
Planning & Development Services
Eliminate Antiquated Administrative Fees
Current Fee Proposed Fee Increase Revenue
Program/Fee
Fee Assessed
FY 2025/26 FY 2026/27 per user
Change
Compact Discs - Custom CD
per rate or fee $0
$0
$0
Eliminate
$0
$0
$0
Ordinance Zoning Book
per rate or fee
Eliminate
51P
71.
$0
$0
$0
Ordinance Floodplain Book
per rate or fee
Eliminate
$0
$0
$0
General Plan - CD ROM
Eliminate
per rate or fee
$0
$0
$0
General Plan - Summary Map
per rate or fee
E iminate
$0
$0
$0
General Plan - Book
per rate or fee
Eliminate
FY 2026/27 Non-Enterprise
Parks & Recreation and Preserve
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37
Parks & Recreation and Preserve
Parks & Recreation
Youth Sports Field Allocation Partner Team Rates
Scottsdale Parks & Recreation partners with several youth sports organizations that meet criteria
identified in the division’s Youth Sports Field Allocation (YSFA) Policy
Updates to the YSFA Policy were approved by the Parks & Recreation Commission in April 2025, which
included updates to partner field rental rates
Proposal: Eliminate current year-round partner rates and introduce new primary and non-primary
season partner rates that align with new YSFA Policy
•
Former policy structure: Partners pay 50% of resident field rental rates year-round
•
New policy structure:
•
Partners pay 50% of resident field rental rates during primary season
•
Partners pay 75% of resident field rental rates during non-primary season
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Parks & Recreation & Preserve
Program/Fee
Fee Assessed
Current Fee FY
2025/26
Proposed Fee FY Estimated
2026/27
Revenue
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YSFA Partner Non-primary Season
Daytime Field Rental
YSFA Partner No-primary Season
Evening Field Rental
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Grand Total
Per hour
Per hour
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N/A
N/A
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75% of Resident Rate
75% of Resident Rate
%
$
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$68,205
$170,513
$477,418
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Estimated $79,573 increase in partner field rental revenue within the Special Programs Fund for FY 2026/27
39
Parks & Recreation and Preserve
McCormick-Stillman Railroad Park
Roundhouse Entry Fee
McCormick-Stillman Railroad Park Roundhouse indoor play facility opened August 2025 with pilot entry
fees implemented
Proposal: Formalize entry fee at current pilot rate of $6 (or two ride tickets) per one-hour entry play
session; first accompanying adult admitted free
Pilot program has been well received and supports affordability, benchmarking, and cost recovery
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Parks & Recreation & Preserve
Vf.
Program/Fee
Roundhouse Entry
Fee Assessed
Per hour
Current Fee FY Proposed Fee FY Estimated Revenue
2025/26
$6.00 (pilot fee)
Ii :
2026/27
$6.00
Revenue Change
$863,928
$0
i'-Vi.-
Increase of $0 to Special Revenue for FY 2026/27
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41
Parks & Recreation and Preserve
McDowell Sonoran Preserve
Single Day Commercial Use/Guiding Permit Per Person Fee
Applies to commercial and guided activities in the McDowell Sonoran Preserve (events, tours, guiding
services, group activities)
Proposal: Increase per-person fee to support full cost recovery
Current fee: $5 per participant Proposed fee: $7 per participant
Addresses increased labor and technology costs and aligns with regional benchmarking while
maintaining no Preserve entry fee
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Parks & Recreation & Preserve
Program/Fee
Fee Assessed
Current Fee FY Proposed Fee FY Estimated Revenue
2025/26
2026/27
Revenue Change
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Increase of $1,000 to General Fund for FY 2026/27
43
Parks & Recreation and Preserve
McDowell Sonoran Preserve
Annual Professional Photography Permit
Applies to professional photography activities within the McDowell Sonoran Preserve for personal-use
photography sessions
Clerical update only- no fee change proposed
Adds a dedicated permit line item to the Preserve fee schedule for clarity and consistency following 2025
organizational changes
Annual permit fee of $300 previously approved by the McDowell Sonoran Preserve Commission (2017
and 2020)
^ ::
Parks & Recreation & Preserve
Program/Fee
Annual Professional
Fee Assessed
Current Fee FY Proposed Fee FY Estimated Revenue
2025/26
2026/27
Revenue Change
■. .V‘ : ■
Photography Permit
Daily
$300
$300
$3,900
$0
mt:'
Increase of $0 to General Fund for FY 2026/27 - Clerical Change Only
45
FY 2026/27 - Enterprise Operations
Scottsdale Stadiunn
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Scottsdale Stadium
Scottsdale Stadium has not raised its base rates since Summer 2023. The proposed
fee increase is 5%.
The proposed fees are due to increasing costs for operating and renting out the
stadium. The consumer price index has increased annually an average of 3% since
2023. Custodial costs increased 10% in 2023 and 6.5% in 2024. Fees have been
rounded to whole numbers closest to 5% for each item.
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Scottsdale Stadium
Current Fee Proposed Fee Estimated Revenue
FY 2025/26 FY 2026/27 Revenue Change
Program/Fee
Fee Assessed
$4,830
$48,300
$2,300
$4,600
Fieldhouse- Full Day Weekend
Fieldhouse- Full Day Weekday
Banyan Room- Full Day Weekend
per day
per day
per day
$3,450
$3,625
$54,375
$2,625
$24,250
$1,250
$2,300
$2,425
■3
$1,725
$1,825
$23,725
$1,300
Banyan Room- Full Day Weekday per day
Banyan Room- Half Day Weekday per half day
Press Level- Single Suites, Meetings-
I-
$0
-$4,025
$805
$0
$575
$605
$1,815
$90
per day
Full Day Weekend
Press Level- Single Suites, Meetings-
Full Day Weekday
Press Level- Single Suites, Meetings-
Half Day Weekday
Press Level- All Suites/Rooms,
Meetings - Full Day Weekend
Press Level- All Suites/Rooms,
Meetings - Full Day Weekday
$402.50
$425
$1,275
$67.50
per day
$230
$245
$490
$30
per half day
$1,725
$1,810
$18,100
$850
per day
$1,150
$1,210
$12,100
$600
per day
Current Fee Proposed Fee Estimated Revenue
FY 2025/26
FY 2026/27 Revenue Change
Fee Assessed
Program/Fee
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$975
$2,925
$605
$1,815
$425
$1,275
Press Level All Suites/Rooms,
Meetings - Half Day Weekday
$920
$165
per half day
per day
per day
per half day
m
$920
$165
Team Store- Full Day Weekend
Team Store- Full Day Weekday
Team Store- Half Day Weekday
$575
$90
$402
$67.50
$1,825
$10,950
$1,725
$600
Charro Lodge - Full Day Weekend
per day
$1,725
$1,825
$10,950
$600
Charro Lodge - Full Day Weekday per day
Main Field Rental-Non-Baseball-Full
$1,725
$1,825
$9,125
$500
Day Weekend
Main Field Rental- Non-Baseball- Full
Day weekday
Main Field Rental- Non-Baseball-
,x..
Half Day weekday
per half day
Dugout & Home Plate Ceremonies per day
$1,725
$1,825
$9,125
$500
ai
$862.50
$905
$1,810
$1,810
$85
$862.50
$905
$85
■
$11,500
$12,075
$12,075
$575
Full Facility- Weekend
Full Facility - Weekday
per day
per day
. -Is
$9,200
$9,675
$9,675
$475
'il*
Current Fee Proposed Fee Estimated Revenue
FY 2025/26 FY 2026/27 Revenue Change
Program/Fee
Fee Assessed
First Base Patio- Full Day Weekend
$0.00
$1,825
$18,250
$18,250
per day
[New fee, currently a pilot fee]
First Base Patio- Full Day Weekday
[New fee, currently a pilot fee]
Left Field Berm Patio- Full Day
Weekend [New Fee]
Left Field Berm Patio- Full Day
Weekday [New Fee]
$1,825
$18,250
$0.00
$18,250
per day
$0.00
$1,825
$18,250
$18,250
per day
$1,825
$18,250
$18,250
$0.00
per day ■
s-
t:
$0.00
$700
$2,100
$2,100
Lower Level Locker Room [New Fee] per day
Upper Level Locker Room- Full Day
$2,600
$0.00
$1,300
$2,600
per day
Weekend [New Fee]
Upper Level Locker Room - Full Day
Weekday [New Fee]
Main Field Rental - Sports- Full Day
Weekend
Main Field Rental Sports- Full Day
Weekday
Main Field Rental Sports- Half Day
Weekday
Practice Field Rental- Full Day
Weekend
Practice Field Rental- Full Day
Weekday
$0.00
$2,100
$2,100
$1,050
per day
$1,380
$1,450
$14,500
$700
per day
$1,380
$1,450
$14,500
$700
per day
$725
$3,625
$175
$690
per half day
$552;i;
:V $580
$2,900
$140
per day
$580
$2,900
$552
$140
per day
Program/Fee
Fee Assessed
Current Fee Proposed Fee Estimated Revenue
FY 2025/26
FY 2026/27 Revenue Change
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51
FY 2026/27 - Enterprise Operations
Tourism & Events
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Tourism & Events - Event Directional Banner Fees
As adopted by City Council in January 2011, city staff established an
Event Directional Banner Program that allowed special events to
supply event banners to be hung on city owned street light poles in Old
Town, North Scottsdale, and two horizontal banners across Scottsdale
*
Road in Old Town.
BICYCLE
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The city contracts with a third-party for banner placement.
Currently, the horizontal banner fee for rental clients is $150 per
banner and the vertical banner fee is $25 per banner.
The proposed banner fees will phase-in a 3-year cost recovery
approach to reach 100% cost recovery by FY 2028/29.
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Tourism & Events-Event Directional Banner Fees
Program/Fee
Fee Assessed
Current Fee Proposed Fee Estimated Revenue
FY 2025/26 FY 2026/27 Revenue Change
iHorizontal Banner Fee
Per banner
$150
$200
$4,400
$1,100
IVertical Banner Fee
I Grand Total
Per banner
$25
$33
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$46,200
$50,600
$11,200
$12,300
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FY 2026/27 Non-Enterprise
Library Systems
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Library Systems
Facility Booking Fees
•
Establish the Civic Center Library Platinum and the Arabian Branch Collaboration facility rental fees.
□ The proposed fees would come by formally adding these existing meeting room spaces to the city and
library’s Facility Rental Rates and Fees Schedule of available meeting rooms for the public to rent.
□ Result of these additions would generate revenue.
Miscellaneous Fees
•
Re-establish the Collection Agency Fee.
□ The proposed $15 fee would be passed on to patrons who have not returned long overdue library
materials, (over 45 days after final notice)
□ The $15 fee would cover 128% of the collection agency expenses ($11.73), allow for inflation, potential
increases to postage costs, material replacement costs, and staff time offsets.
□ Result of this addition would provide some cost recovery revenue and the return of library materials.
•
3D Printer Usage Fee
□ The proposed fee would be based .10 cents per gram, per patron print job.
^
□ Result of this addition would generate some revenue and cost recovery.
56
Library Systems
Program/Fee
Fee Assessed
Current Fee FY Proposed Fee Estimated Revenue
2025/26
FY 2026/27 Revenue Change
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$17,000
$17,000
Grand Total
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FY 2026/27 Non-Enterprise
Police Department
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Public Safety - Police
Off-Duty Officer Rate Adjustment
•
As a service to the community, the Scottsdale Police Department fills requests to hire off-duty sworn
employees to work police-related duties. The proposed increase aligns with a competitive hourly rate in
comparison to surrounding valley agencies. Please see next slide for detailed proposed rates.
The Police Aide (PA) rate will remain unchanged at $75 per hour (reg) $113 per hour (holiday); the proposed adjustment applies only to sworn officer pay.
Vehicle Use Fee Rate Adjustment
•
As a service to the Community, the Scottsdale Police Department fulfills requests to hire Off-duty sworn
and professional staff employees for police related duties within the City. In addition to personnel services,
police vehicles are often required to ensure these duties are fulfilled effectively. The Vehicle Use Fee aids in
recovering some of the costs associated with the use of City owned vehicles and the proposed increase
would bring the rate into alignment with comparable valley agencies. Please see next slide for detailed
proposed rates.
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59
Public Safety - Police
Program/Fee
Fee Assessed
Current Fee FY Proposed Fee Increase Revenue
2025/26
FY 2026/27 per User Change
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Note: Police Aide (PA) rate remains unchanged at $75/hour (reg) $113/hour (holiday). Proposed adjustments apply to sworn officer
classifications and vehicle use fees only.
60
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SCOnSDALE
61