For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
CAPITAL WASTEWATER FACILITIES.
(1) The city’s wastewater distribution system, pumps, any treatment facilities, lift lines, lift stations, interceptors, buildings, tanks, improvements to land, land, and related equipment, used to provide city wastewater services, as defined in the study.
(2) The costs of CAPITAL WASTEWATER FACILITIES also include the costs of related planning, and design, for these facilities.
CERTIFICATE OF OCCUPANCY.
(1) A certificate issued by the city permitting the occupancy of a structure connected to the city’s wastewater system.
(2) Said certificate may be limited to the structure’s wastewater system for those structures located outside the corporate limits of the city.
CITY. The City of Cave Springs, Arkansas, including, but not limited to, its Wastewater Department.
CITY COUNCIL. The duly elected/appointed City Council.
DEVELOPER. Any person, firm, or corporation commencing a development who is obligated to pay an impact fee in accordance with the terms of this subchapter, or who would be obligated to pay such a fee, except for an exemption, refund, or credit provided for in this subchapter.
DEVELOPMENT. Any residential, multi-family, commercial, or industrial improvement to lands within the system service area.
IMPACT FEE STUDY (THE STUDY). A study that sets forth reasonable methodologies and analysis for determining the impact of various types of development on the city’s capital wastewater facilities, and that determines the cost of the facilities necessary to meet the demands created by new development.
IMPACT FEE TRUST FUND. The Trust Fund established by this subchapter. There shall be a Wastewater Impact Fee Trust Fund with fees collected into the respective IMPACT FEE TRUST FUND.
IMPACT FEES. The local wastewater impact fees established by this subchapter, pursuant to A.C. § 14-56-103, for service area utilities/improvements that meet increased service area demand.
IMPROVEMENTS. The results of planning, engineering, design, construction inspection, on-site construction, off-site construction, land, the purchase of related equipment, and financing associated with new, or expanded, capital wastewater facilities, buildings, and equipment that expand the capacity of capital wastewater facilities, but not including maintenance, operations, or improvements that do not expand capacity.
INDEPENDENT FEE CALCULATION STUDY. A study prepared by McClelland Engineering (including, but not limited to, all plans and studies referenced therein), calculating the cost of expansions, or improvements, to the capital wastewater facilities required to serve the developer’s proposed development, that performed in compliance with this subchapter.
PERSON. An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two, or more, persons having a joint or common interest, or any other entity.
STATE. The State of Arkansas.
SUCCESSOR IN INTEREST. A person, as defined by this subchapter, who gains a fee simple interest in land for which an impact fee is paid, or a credit is approved pursuant to the terms of this subchapter.
SYSTEM. The city’s municipal wastewater system, including capital wastewater facilities.
(Ord. 2019-15, passed 8-26-2019)