Section 7-10-8 Adoption and Modification Procedures
A. Adopting or Amending the Infrastructure Improvements Plan. The Infrastructure Improvements Plan shall be adopted or amended subject to the following procedures:
1. Major Amendments to the Infrastructure Improvements Plan. Except as provided in Paragraph 2 of this Subsection, the adoption or amendment of an Infrastructure Improvement Plan shall occur at one or more public hearings according to the following schedule, and may occur concurrently with the adoption of an update of the Town’s Land Use Assumptions as provided in Section 7-10-6 above:
a. Sixty days before the first public hearing regarding a new or updated Infrastructure Improvements Plan, the Town shall provide public notice of the hearing and post the Infrastructure Improvements Plan and the underlying Land Use Assumptions on its website; the Town shall additionally make available to the public the documents used to prepare the Infrastructure Improvements Plan and underlying Land Use Assumptions and any proposed changes to Capital Facilities.
b. The Town shall conduct a public hearing on the Infrastructure Improvements Plan and underlying Land Use Assumptions at least 30 days, but no more than 60 days, before approving or disapproving the Infrastructure Improvements Plan.
2. Minor Amendments to the Infrastructure Improvements Plan. Notwithstanding the other requirements of this Section, the Town may update the Infrastructure Improvements Plan and/or its underlying Land Use Assumptions without a public hearing if all of the following apply:
a. The changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions will not add any new Category of Necessary Public Services to any Service Area.
b. The changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions will not increase the Level of Service to be provided in any Service Area.
c. Based on an analysis of the Fee Report and the Town’s adopted development impact fee schedules, the changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions would not, individually or cumulatively with other amendments undertaken pursuant to this Subsection, have caused a development impact fee in any Service Area to have been increased by more than five per cent above the development impact fee that is provided in the current development impact fee schedule.
d. At least 30 days prior to the date that the any amendment pursuant to this Section is adopted, the Town shall post the proposed amendments on the Town website.
B. Amendments to the Fee Report. Any adoption or amendment of a Fee Report and fee schedule shall occur at one or more public hearings according to the following schedule:
1. The first public hearing on the Fee Report must be held at least 30 days after the adoption or approval of and Infrastructure Improvements Plan as provided in Subsection A of this Section. The Town must give at least 30 days notice prior to the hearing; provided, that this notice may be given on the same day as the approval or disapproval of the Infrastructure Improvements Plan.
2. The Town shall make the Infrastructure Improvements Plan and underlying Land Use Assumptions available to the public on the Town’s website 30 days prior to the public hearing described in Paragraph (1) of this Subsection.
3. The Fee Report may be adopted by the Town no sooner than 30 days, and no later than 60 days, after the hearing described in Paragraph (1) of this Subsection.
4. The development fee schedules in the Fee Report adopted pursuant to this Subsection shall become effective as set forth in A.R.S. § 9-463.05. (14-06, Amended, 06/19/2014; 11-11, Amended, 12/15/2011, Amended by deleting B. and reserved for future use; 09-09, Amended, 12/03/2009, Fee schedule included in the Ordinance; 08-13, Amended, 05/15/2008; 06-02, Amended, 05/04/2006, Chart listed in Section #2 was deleted as the annexation of the State Trust Land was completed on May 4, 2006, which was prior to the July 1, 2006 deadline that then required the Chart listed in Section #3 be the rates used for calculations; 06-07, Amended, 03/16/2006; 06-06, Amended, 01/19/2006; 06-02, Amended, 01/05/2006, Heading was previously named Town Marshal Development Fee/Effective 90 days after the adoption of this Ordinance; 01-02, Amended, 01/18/2001, Council Amended 00-22, Effective 4/19/01 at 12:01 a.m. ; 00-22, Added, 11/16/2000, Approved by Council, Effective 2/15/2001 at 12:01 a.m.)