The following words, terms and phrases, when used in this subchapter shall have the meanings set forth below, unless the context clearly indicates a different meaning:
BENEFITTED PARTY. The person or entity creating a demand for or otherwise directly utilizing public improvements resulting in a special benefit for which the benefitted party has not specifically contributed to the costs in providing such public improvements.
COSTS. The actual cost of:
(1) Right-of-way acquisition, excluding the value attributable to all rights-of-way that would otherwise be required to be dedicated by the developer or owner upon development of their property;
(2) Construction of the public improvements as determined by the construction contract price or by the actual costs, such construction to include, but shall not be limited to construction and installation of drainage facilities, water pipes and lines, sanitary, irrigation, effluent and storm sewer pipes and lines and all other appurtenances thereto, asphaltic and concrete paving, curb, gutter and sidewalks, street lights, traffic signals and public landscaping.
(3) Engineering and design fees required for preparation of plans and specifications;
DEVELOPMENT AGREEMENT. An agreement between one or more parties and the town pursuant to A.R.S. § 9-500.05.
GENERAL PUBLIC BENEFIT. That portion of the expense of the public improvement that is for general public benefit and does not specially benefit or increase the value of the property subject to reimbursement for public improvements.
PUBLIC IMPROVEMENTS. Any rights-of-way, any street, drainage, water, waste water or sewer improvements or facilities; or any other public improvements, include those financed by bonds, general funds, water utility funds or sewer utility funds and are completed and accepted by the town.
REPAYMENT AMOUNT. The charge which must be paid to the town and imposed upon the owner of property which has or will receive the benefit of public improvements benefitting or increasing the value of their property.
RIGHT-OF-WAY. Land, whether or not improved or accepted for maintenance, which by
deed, conveyance, agreement, payment, dedication, usage or process of law is reserved for the public and occupied or intended to be occupied by a street, highway, alley, public utility, pedestrian walkway, bikeway, drainage, curb, gutter, driveway, railroad, electric transmission line, oil or gas pipeline, water lines and facilities, sanitary or storm sewer lines and facilities, effluent lines and facilities, or for another public use. The usage of the term "right-of-way" for land platting purposes means that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and are not included within the dimensions or areas of such lots or parcels.
SPECIAL BENEFIT. A benefit to or increase in value of a specific parcel of real property from a public improvement.
(Ord. 05-12, passed 7-12-2005)