The following definitions shall apply for purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined by their usual and customary meaning.
ACT: The impact fees act as set forth in Utah Code Annotated title 11, chapter 36a, as in existence on the effective date hereof or as hereafter amended.
BUILDING PERMIT: An official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. For purposes of this chapter, "building permit" also includes a mobile home permit.
CAPITAL FACILITIES: The facilities or improvements included in a capital budget.
CITY: The city of Clearfield.
CITY COUNCIL: The city council of Clearfield.
CITY ENGINEER: The officially appointed and acting city engineer for the city.
CITY MANAGER: The city manager of Clearfield City.
CLEARFIELD CITY CONSOLIDATED FEE SCHEDULE: The schedule of fees charged by the city, adopted by ordinance, for various activities occurring within the city.
DEVELOPER: An individual, group of individuals, partnership, corporation, association, municipal corporation, state agency or other person undertaking development activity, and their successors and assigns.
DEVELOPMENT ACTIVITY: Any construction or expansion of a building or structure; or the siting of a mobile home; or any change in use of a building or structure or mobile home; or the subdivision of land; or the seeking of plat approval, PD approval, site plan approval; boundary line adjustment or conditional use permit approval; or any other change in use of land that creates additional demand and need for sanitary sewer, publicly owned parks, open space and recreational facilities, storm drainage or culinary water facilities.
DEVELOPMENT APPROVAL: Any written authorization from the city, other than building permit, which authorizes the commencement of a development activity, including, but not limited to, plat approval, PD approval, site plan approval, mobile home park approval, boundary line adjustment and a conditional use permit.
ENCUMBERED: To reserve, set aside or otherwise earmark the impact fees in order to pay for commitments, contractual obligations or other liabilities incurred for planned facilities. A pledge to retire debt, or an allocation to a current purchase order or contract.
FEE PAYER: A person, corporation, partnership, an incorporated association or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for planned facilities and which requires development approval and/or the issuance of a building permit. "Fee payer" includes an applicant for an impact fee credit.
IMPACT FEE: A payment of money imposed by the city on development activity pursuant to this chapter as a condition of granting development approval and/or a building permit in order to pay for the planned facilities needed to serve new growth and development activity. "Impact fee" does not include a tax, a special assessment, a hookup fee, a fee for project improvements, a reasonable permit or application fee, the administrative fee for collecting and handling impact fees, the cost of reviewing independent fee calculations or the administrative fee required for an appeal.
IMPACT FEE ACCOUNT OR ACCOUNTS: The account or accounts established for the planned facilities for which impact fees are collected.
IMPACT FEE ADMINISTRATORS: Those designated by the city manager who have primary responsibility for administering this chapter. At minimum, administrators in which the fees are related to that department, including, but not being limited to, the following: public works director, community services director, building official, zoning administrator and others as indicated.
IMPACT FEE ANALYSIS (OR IFA): The written analysis required by section 11-36a-201 of the act.
IMPACT FEE FACILITIES PLAN: The plan required by section 11-36a-301 of the act.
INDEPENDENT FEE CALCULATION: The impact calculation and/or economic documentation prepared by a fee payer, to support the assessment of an impact fee other than by the use of the schedules attached in the appendices to this title, or the calculations prepared by the building official or city engineer where none of the impact fee categories or impact fee amounts in the appendices accurately describe or capture the impacts of the development activity on public streets and roads, publicly owned parks, open space and recreational facilities, storm drainage and culinary water facilities.
MOBILE HOME PARK: Shall have the same meaning as set forth in title 11 of this code.
OWNER: The owner of record of real property, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property.
PARKS AND RECREATION IMPACT FEES: The impact fee designated to pay for publicly owned parks, open space and recreational facilities.
PLANNED DEVELOPMENT OR PD: Shall have the same meaning as set forth in title 11 of this code.
PLANNED FACILITIES: Sanitary sewer facilities, parks, open space, recreational facilities and trails, storm drainage and flood control facilities, and culinary water rights, supply, treatment and distribution facilities included in the capital improvements plan of Clearfield City.
PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to provide service for development resulting from a development activity and are necessary for the use and convenience of the occupants or uses of development resulting from a development activity. "Project improvements" do not include "system improvements" (as defined herein).
PROPORTIONATE SHARE: An amount that is roughly proportionate and reasonably related to the service demands and needs of a development activity.
QUALIFYING IMPROVEMENTS: An improvement which is part of the planned facility for which an impact fee is required.
RESIDENTIAL UNIT: Any building or portion thereof which contains living facilities, including provisions for sleeping, cooking, eating and sanitation, as required by the city, for not more than one family and including site built buildings, mobile/manufactured homes and modular homes.
ROADWAY: Any public highway, road or street constructed and maintained by Clearfield City.
SERVICE AREA: A geographic area designated by the city based on sound planning and engineering principles in which a defined set of the city's public facilities provides service.
SEWER IMPACT FEE: The impact fee designated to pay for sanitary sewer collection, treatment, storage, collection lines and other associated improvements.
STANDARD OF SERVICE: The quantity and quality of service which the city council has determined to be appropriate and desirable for the city. A measure of the standard of service may include, but is in no way limited to, maximum levels of the sanitary sewer system, maximum commute times, maximum wait at stops, minimum water pressure and volume, minimum fire suppression capabilities, minimum park space of per capita for a variety of types of parks, minimum distance from residences to parks, minimum stormwater runoff control systems and any other factor the city council may deem appropriate.
STATE: The state of Utah.
STORM DRAINAGE IMPACT FEE: The impact fee designated to pay for storm drain lines, basins and other associated improvements.
SYSTEM IMPROVEMENTS: Both existing public facilities designed to provide services within the service area and future public facilities identified in a reasonable plan for capital improvements adopted by the city that are intended to provide service to the service area. "System improvements" do not include "project improvements" (as defined herein).
WATER IMPACT FEE: The impact fee designated to pay for water rights, supply, treatment, storage and distribution facilities, distribution lines and other associated improvements. (Ord. 2013-07, 5-28-2013, eff. 9-1-2013)