§ 53.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions will apply unless the context clearly indicates or requires a different meaning.
   APPLICANT. Any person who files an application with the town for a building permit; OR requests access, use or connection to the town's water and/or wastewater system(s).
   APPROPRIATION or TO APPROPRIATE. An action by the town to identify specific facilities that capacity charges may be used. This may include capital facilities, capital improvement programs, related debt, or related construction costs of water and/or wastewater facilities, in whole or in part; and/or the actual expenditure of capacity charges for those purposes.
   CAPACITY CHARGES. Charges that are imposed on new development on a pro rata basis in connection with and as a condition of connecting to water and/or wastewater systems of the town and that is calculated to defray all or a portion of the costs of the water and/or wastewater facilities required to accommodate new development at town-designated level of service standards and that benefits the new development.
   CONNECTION. The physical tie-in of a developer's water, effluent or sewer service to the town's water, effluent or sewer main; or when a developer or customer applies for actual service in the case where a permit was not obtained from the town.
   DIRECTOR. The Director of Planning or his or her designee.
   DEVELOPER. The individual, firm, corporation, partnership, association, syndication, trust or other legal entity that is responsible for creating a demand for town facilities and services.
   GOVERNING BODY. The Mayor and Town Council of the Town of Cave Creek, Arizona.
   MUNICIPAL PLANNING AREA. An area outside of the present Cave Creek town limits, but where the town may provide water and wastewater treatment services.
   NEW DEVELOPMENT. Any new construction, reconstruction, redevelopment, rehabilitation, structural enlargement, structural extension, or new use that requires a new water meter or installation of a larger water meter, except as provided in § 53.05, any change in use of an existing building, structure or lot requiring any form of town building permit or approval or connection to the town water and/or wastewater system(s), and increases the required water meter size or requires installation of a larger water meter, except as provided in § 53.05, or, any change in use of an existing building or structure or change in use of land, that requires an increase in water meter size or installation of a larger water meter, except as provided in § 53.05.
   SERVICE AREA. The area the town manages water and/or wastewater services and where the town will collect and expend capacity charges to serve new development within the area.
   WASTEWATER CAPACITY CHARGE. Charges imposed on all new development to defray costs of: the wastewater collection and wastewater treatment systems and necessary improvements, capital equipment and appurtenances thereto and related debt to accommodate new development.
   WATER CAPACITY CHARGE. Charges imposed on all new development to defray costs of water treatment, storage and distribution systems and necessary capital improvements and capital equipment and appurtenances thereto and related debt to accommodate new development.
(Ord. O2017-05, passed 5-1-17)