For purposes of this chapter, the following definitions apply:
CAPITAL IMPROVEMENTS. Facilities or assets used for:
(1) Water supply, treatment and distribution;
(2) Sanitary sewer collection, transmission, treatment and disposal;
(3) Drainage and flood control;
(4) Transportation, including but not limited to streets, sidewalks, bike paths, street lights, street trees, mass public transportation, vehicle parking and bridges; or
(5) Parks and recreation, including but not limited to mini-neighborhood parks, neighborhood parks, community parks and other recreational facilities.
CITY RECORDER. The duly appointed City Recorder of the City of Banks or that person's designee.
DEVELOPMENT. Constructing a building or a structure, conducting a mining operation, making a physical change in the use or appearance of a structure or land, dividing land into 2 or more parcels (including partitions and subdivisions), and creating or terminating a right of access.
IMPROVEMENT FEE. A fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to § 33.04 of this chapter.
LAND AREA. The area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane with the exception of a portion of the parcel within a recorded right-of-way or easement subject to a servitude for a public street or scenic or preservation purpose.
PARCEL OF LAND. A lot, parcel, block or other tract of land that is occupied or may be occupied by a structure or structures or other use, and that includes the yards and other open spaces required under the zoning, subdivision or other development regulations.
QUALIFIED PUBLIC IMPROVEMENT. A capital improvement that is required as a condition of development approval, identified in the plan adopted pursuant to § 33.08 of this chapter, and is either:
(1) Not located on or contiguous to the property that is the subject of development approval; or
(2) Located in whole or in part on, or contiguous to, the property that is the subject of development approval and is required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related.
REIMBURSEMENT FEE. A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to § 33.04.
SYSTEMS DEVELOPMENT CHARGE or SDC. A reimbursement fee, an improvement fee or a combination thereof assessed or collected at any of the times specified in § 33.09. It shall also include that portion of a water or sanitary sewer system connection charge that is greater than the amount necessary to reimburse the city for its average cost of inspection and installing connections with water and sanitary sewer facilities. SYSTEMS DEVELOPMENT CHARGE does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision. An SDC imposed under this chapter is also in addition to any connection fees that may be charged for the connection to a public service or facility.
(Ord. 2019-12-01, passed 1-14-2020)