When used in this chapter, the following words, terms, and phrases, and their derivations, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"BENEFIT AREA." The geographic area within which impact fees are collected and expended for a particular type of capital improvement serving development projects within such area.
"CALCULATE." To determine the amount of impact fees to be imposed on a particular development project and includes an individualized determination showing a reasonable, and roughly proportional, relationship between:
(A) The fee's use and the type of development project on which the fee is imposed;
(B) Need for the public facility and the type of development project on which the fee is imposed; and
(C) The amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.
"CAPITAL IMPROVEMENT." Land or facilities for the storage, treatment or distribution of water; for the collection, treatment, reclamation or disposal of sewage; for the collection and disposal of stormwaters; for flood-control purposes; for purposes of transportation and transit, including without limitation, streets, street lighting and traffic-control devices and supporting improvements, roads, overpasses, bridges, airports, and related facilities; for parks and recreational improvements; for public safety, including police and fire facilities; for public buildings of all kinds for the generation, transmission, and distribution of electricity and natural gas; and for any other capital project identified in the city capital improvements plan. "CAPITAL IMPROVEMENT" also includes design, engineering, inspection, testing, planning, legal, land acquisition, and all other costs associated with construction of a public facility.
"CAPITAL IMPROVEMENTS PLAN." The five-year plan for capital improvements adopted annually by the city council, and/or the sewer commission, describing the approximate location, size, time or availability and estimated cost of capital improvement projects and identifying sources of funding for capital improvements projects.
"CAPITAL IMPROVEMENTS PROJECT LIST." The list attached to the annual council resolution setting the base fee amount for each specific impact fee. The list shall describe the approximate location, size, time of availability and estimated cost of each capital improvement to be funded from a particular impact fee account.
"COLLECTION." The point at which the impact fee is actually paid to city.
"COMMITMENT." Earmarking impact fees to fund or partially fund capital improvements serving new development projects.
"NEW DEVELOPMENT or DEVELOPMENT PROJECT." Any project undertaken for the purpose of development, including without limitation, a project involving the issuance of a permit for construction, reconstruction, or change of use, but not a project involving the issuance of a permit to operate or to remodel, rehabilitate, or improve an existing structure, which does not change the density or intensity of use, nor the rebuilding of a structure destroyed or damaged by an act of God.
"DWELLING UNIT." One or more rooms in a building or a portion of a room, designed or intended to be used, or actually used, for occupancy by one family for living and sleeping quarters and containing one kitchen only, including a mobile home, but not hotel or motel units.
"IMPACT FEE." A monetary exaction imposed by the city pursuant to this chapter as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the city's cost or repaying costs previously expended from other city funds for capital improvements.
"IMPOSE." To determine that a particular development project is subject to the collection of impact fees as a condition of development approval.
"NONRESIDENTIAL DEVELOPMENT PROJECT." All development other than residential development projects.
"RESIDENTIAL DEVELOPMENT PROJECT." Any development undertaken to create a new dwelling unit.
(Ord. No. 14-2001, 8-15-01)