For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. A person or entity who applies to the town for a building permit or utility connection.
APPURTENANCE. Any fixed machinery or equipment, structure or other fixture, including integrated hardware, software or other components, associated with a capital facility that are necessary or convenient to the operation, use, or maintenance of a capital facility, but excluding replacement of the same after initial installation.
BUILDING PERMIT. Any permit issued by the town that authorizes vertical construction, increases square footage, authorizes changes to land use, or provides for the addition of a residential or non-residential point of demand to a utility system.
CAPITAL FACILITY. An asset having a useful life of 3 or more years that is a component of 1 or more categories of necessary public service provided by the town. A capital facility may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated financing and professional services. Wherever used herein, INFRASTRUCTURE shall have the same meaning as CAPITAL FACILITIES.
CATEGORY OF NECESSARY PUBLIC SERVICE. A category of necessary public services for which the town is authorized to assess development impact fees, as further defined in § 154.08(A)(1).
CREDIT. A reduction in an assessed development impact fee resulting from developer contributions to, payments for, construction of, or dedications for capital facilities included in an Infrastructure Improvements Plan pursuant to § 154.12 (or as otherwise permitted by this chapter).
CREDIT ALLOCATION. A term used to describe when credits are distributed to a particular development or parcel of land after execution of a Credit Agreement, but are not yet issued.
CREDIT ISSUANCE. A term used to describe when the amount of an assessed development impact fee attributable to a particular development or parcel of land is reduced by applying a credit allocation.
DEVELOPER. An individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency, or other person or entity undertaking land development activity, and their respective successors and assigns.
DEVELOPMENT AGREEMENT. An agreement prepared in accordance with the requirements of § 154.13, A.R.S. § 9-500.05, and any applicable requirements of the Town Code.
DIRECT BENEFIT. A benefit to an ERU resulting from a capital facility that: (a) addresses the need for a necessary public service created in whole or in part by the ERU; and that (b) meets either of the following criteria: (i) the capital facility is located in the immediate area of the ERU and is needed in the immediate area of the ERU to maintain the level of service; or (ii) the capital facility substitutes for, or eliminates the need for a capital facility that would have otherwise have been needed in the immediate area of the ERU to maintain the town's level of service.
DWELLING UNIT. A house, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters.
EQUIPMENT. Machinery, tools, materials, and other supplies, not including vehicles, that are needed by a capital facility to provide the level of service specified by the Infrastructure Improvement Plan, but excluding replacement of the same after initial development of the capital facility.
EQUIVALENT RESIDENTIAL UNIT (ERU). A unit of development within a particular category of development, defined in terms of a standardized measure of the demand that a unit of development in that category of development generates for necessary public services in relation to the demand generated by a detached single-family dwelling unit. For all categories of necessary public services, the ERU factor for a detached single-family dwelling unit is 1, while the ERU factor for a unit of development within another category of development is represented as a ratio of the demand for each category of necessary public services typically generated by that unit as compared to the demand for such services typically generated by a detached single-family dwelling unit. An ERU shall also mean a “service unit” for purposes of A.R.S. § 9-463.05(T)(10).
FINANCING OR DEBT. Any debt, bond, note, loan, interfund loan, fund transfer, or other debt service obligation used to finance the development or expansion of a capital facility.
FIRE PROTECTION. A category of necessary public services that includes fire stations, fire equipment, fire vehicles and all appurtenances for fire stations. Fire protection does not include vehicles or equipment used to provide administrative services, or helicopters or airplanes. Fire protection does not include any facility that is used for training firefighters from more than 1 station or substation.
GENERAL PLAN. Refers to the overall land-use plan for the town establishing areas of the town for different purposes, zones and activities.
GROSS IMPACT FEE. The total development impact fee to be assessed against a subject development on a per unit basis, prior to subtraction of any credits.
IMPACT FEE ANALYSIS (FEE REPORT). A written report developed pursuant to § 154.09 that identifies the methodology for calculating the amount of each development impact fee, explains the relationship between the development impact fee to be assessed and the plan-based cost per ERU calculated in the Infrastructure Improvements Plan, and which meets other requirements set forth in A.R.S. § 9-463.05. (An Infrastructure Improvements Plan may also be referred to as an Impact Fee Facilities Plan.)
INFRASTRUCTURE IMPROVEMENTS PLAN. A document or series of documents that meet the requirements set forth in A.R.S. § 9-463.05, including those adopted pursuant to § 154.09 to cover necessary public services. (May also be referred to as Impact Fee Facilities Plan.)
LAND USE ASSUMPTIONS. Projections of changes in land uses, densities, intensities and population for a service area over a period of at least 10 years as specified in § 154.07.
LEVEL OF SERVICE. A quantitative and/or qualitative measure of a necessary public service that is to be provided by the town to development in a particular service area, defined in terms of the relationship between service capacity and service demand, accessibility, response times, comfort or convenience of use, or other similar measures or combinations of measures. Level of service may be measured differently for different categories of necessary public services, as identified in the applicable Infrastructure Improvements Plan.
NECESSARY PUBLIC SERVICES. Any of the following facilities that have a life expectancy of 3 or more years and that are owned and operated by or on behalf of the municipality:
(1) Water facilities, including the acquisition, supply, storage, transportation, treatment, purification and distribution of water, and any appurtenances for those facilities.
(2) Wastewater facilities, sewers, lift stations, reclamation plants, wastewater treatment plants, including collection, interception, transportation, treatment and disposal of wastewater, and any appurtenances for those facilities.
(3) Storm water, drainage and flood control facilities, including culverts, erosion control, stormwater detention/retention basins, tanks, pump stations and channels necessary to provide for proper stormwater management, including any appurtenances for those facilities.
(4) Street facilities located in the service area, including arterial or collector streets or roads traffic signals, rights-of-way, and improvements thereon, bridges, culverts, irrigation tiling, storm drains, and regional transportation facilities.
(5) Fire and police facilities, including all appurtenances, equipment and vehicles. Fire and police facilities do not include a facility or portion of a facility that is used to replace services that were once provided elsewhere in the municipality, vehicles and equipment used to provide administrative services, helicopters or airplanes or a facility that is used for training firefighters or officers from more than one station or substation.
(6) Neighborhood parks and recreational facilities on real property up to 30 acres in area, or parks and recreational facilities larger than 30 acres if the facilities provide a direct benefit to the development. Park and recreational facilities do not include vehicles, equipment or that portion of any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, boathouses, clubhouses, community centers greater than 3,000 square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, and swimming pools.
OFFSET. An amount which is subtracted from the overall costs of providing necessary public services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for development impact fees), and other revenue sources, as determined by the town pursuant to § 154.08.
PARKS AND RECREATIONAL FACILITIES. A category of necessary public services including but not limited to parks, and related facilities and equipment located on real property not larger than 30 acres in area, as well as park facilities larger than 30 acres where such facilities provide a direct benefit. Parks and recreational facilities do not include excluded park facilities, although parks and recreational facilities may contain, provide access to, or otherwise support an excluded park facility.
PLAN-BASED COST PER ERU. The total future capital costs listed in the Infrastructure Improvements Plan for a category of necessary public services divided by the total new equivalent demand units projected in a particular service area for that category of necessary public services over the same time period.
POLICE FACILITIES. A category of necessary public services, including vehicles and equipment, that are used by law enforcement agencies to preserve the public peace, prevent crime, detect and arrest criminal offenders, protect the rights of persons and property, regulate and control motorized and pedestrian traffic, train sworn personnel, and/or provide and maintain police records, vehicles, equipment, and communications systems. Police facilities do not include vehicles and equipment used to provide administrative services, or helicopters or airplanes. Police facilities do not include any facility that is used for training officers from more than one station or substation.
QUALIFIED PROFESSIONAL. Any 1 of the following:
(1) A professional engineer, surveyor, financial analyst or planner, or other licensed professional providing services within the scope of that person's education or experience related to Colorado City planning, zoning, or impact development fees and holding a license issued by an agency or political subdivision of the State of Arizona;
(2) A financial analyst, planner, or other non-licensed professional that is providing services within the scope of the person's education or experience related to Colorado City planning, zoning, or impact development fees; or
(3) Any other person operating under the supervision of 1 or more of the above.
SERVICE AREA. Any specified area within the boundaries of the town within which: (a) the town will provide a category of necessary public services to development at a planned level of service; and (b) within which: (i) a substantial nexus exists between the capital facilities to be provided and the development to be served; or (ii) in the case of a park facility larger than 30 acres, a direct benefit exists between the park facilities and the development to be served, each as prescribed in the Infrastructure Improvements Plan. Some or all of the capital facilities providing service to a service area may be physically located outside of that service area provided that the required substantial nexus or direct benefit is demonstrated to exist.
SUBJECT DEVELOPMENT. A land area linked by a unified plan of development, which must be contiguous unless the land area is part of a development agreement executed in accordance with § 154.12.
SUBSTANTIAL NEXUS. A substantial nexus exists where the demand for necessary public services that will be generated by an ERU can be reasonably quantified in terms of the burden it will impose on the available capacity of existing capital facilities, the need it will create for new or expanded capital facilities, and/or the benefit to the development from those capital facilities.
USEFUL LIFE. The period of time in which an asset can reasonably be expected to be used under normal conditions, whether or not the asset will continue to be owned and operated by the town over the entirety of such period.
VEHICLE. Any device, structure, or conveyance utilized for transportation in the course of providing a particular category of necessary public services at a specified level of service, excluding helicopters and other aircraft.
(Ord. 2015-01, passed 2-18-2015)