(A) The language in the text of this chapter shall be interpreted in accordance with the following rules of construction:
(1) The singular number includes the plural number, and the plural the singular;
(2) The word "shall" is mandatory; the word "may" is permissive; and
(3) The masculine gender includes the feminine and neuter.
(B) The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this division, except when the context otherwise indicates.
ADMINISTRATIVE FEE. A special and additional fee imposed pursuant to the provisions of this chapter that constitutes the village's estimate of the costs and expenses that it incurs in administering this chapter for each development, including, without limitation, staff time, attorney fees, and other third party consultant fees and costs.
BEDROOM. Any room in a dwelling unit that is suitable for sleeping purposes, is greater than 100 square feet in floor area, and is not a living room, dining room, kitchen, or bathroom.
BUILDING PERMIT. The permit issued by the village for the construction, reconstruction, alteration, addition, repair, placement, removal or demolition of or to a building or structure within the corporate limits of the village.
BUILDING SITE. An area of land designed, intended or used as a location for a structure.
CAPITAL BUDGET. The portion of the village's annual budget devoted to the funding of capital improvement projects.
CAPITAL IMPROVEMENT. Land, facilities, projects or equipment for purposes of constructing or improving public facilities, including without limitation, newly constructed buildings; newly constructed structural improvements to buildings and permanent additions to buildings; systems that are being installed within newly constructed buildings or within permanent additions to buildings (including, but not limited to, electrical systems, plumbing systems, fire protection systems, and heating, ventilation, and air conditioning systems); additions to or replacements of systems within existing buildings to the extent necessary to meet the demands of development; grading, landscaping, seeding, and planting of shrubs and trees on sites and adjacent ways; and retaining walls and parking lots on sites; furnishing and installing for the first time fixed flagpoles, gateways, fences, and underground storage tanks that are not part of building service systems; and demolition work; for transportation and transit, including without limitation, streets, street lighting and traffic-control devices and supporting improvements, roads, overpasses, bridges and related facilities; storm drainage facilities; for parks and recreational improvements; for acquisition of open space; for public safety, including police and jail facilities; for public buildings of all kinds; and any other capital project identified in the village's capital improvement plan. Capital improvement also includes the design, engineering, inspection, testing, planning, legal, land acquisition and all other costs associated with construction of a public facility.
CAPITAL IMPROVEMENT PROGRAM. A multi-year plan of any public facility or service that: projects, for a planning period of at least five years, the need for capital improvements within the service area served by the public body; sets forth a schedule for the construction, acquisition or leasing of the capital improvements to meet the projected need; indicates the size and general location of the needed capital improvements; identifies the estimated costs of constructing, acquiring, or leasing the needed capital improvements; and sets forth the anticipated funding sources and funds to be received by the public body (including, but not limited to, funds that will be received from the sale of existing capital improvements) for the construction, acquisition, or leasing of the needed capital improvements.
CODE. The East Dundee Code of Ordinances, as amended.
COLLECTION. The point at which the development impact fee is actually paid to the village.
COMMERCIAL. A use of property for purposes other than residential.
COMPREHENSIVE PLAN. The official plan for the development of the village adopted by the Village Board of Trustees.
COST. Expenditures incurred or estimated to be incurred to fund a capital improvement project. These costs include, without limitation, acquisition of land, construction of improvements, equipping of facilities, and administrative, engineering, architectural, and legal expenses incurred in connection therewith.
DETENTION AREA. A dry-bottom area of land which provides for the temporary storage of stormwater runoff.
DEVELOPER. The person undertaking a development, which may, for purposes of this chapter include, without limitation, the owner as well as the subdivider of the land on which the development is to take place.
DEVELOPMENT. Any of the following activities: any subdivision of land; any re-subdivision or modification of an existing subdivision; any planned unit development; any modification of an existing planned unit development; or any construction, reconstruction, alteration, addition, repair, or placement of or to a building, that requires the issuance of a building permit.
DEVELOPMENT IMPACT FEE. A monetary exaction imposed by the village pursuant to this chapter as a condition or in connection with approval of a new development project for the purpose of financing, defraying or reimbursing all or a portion of the costs incurred by the village for public facilities.
DISBURSEMENT STATEMENT. That certain statement entered into between the village and each public body, individually, for any development for which the public body desires to receive development impact fees.
DWELLING UNIT. Shall have the meaning ascribed to it in the Zoning Code.
GROSS ACREAGE. The entire area of a parcel of real property or a building site expressed in acres or portions thereof.
IMPOSE. To determine that a particular new development project is subject to collection of a development impact fee as a condition of development approval.
INTERGOVERNMENTAL AGREEMENT. That certain master agreement to be entered into between the village and each public body, individually, that affirms each public body's acknowledgment that this chapter shall control the collection and distribution of development impact fees, or land in lieu of development impact fees, and that creates the responsibility for each public body to fully indemnify the village in connection with its administration of this chapter.
LOT. Shall have the meaning ascribed to it in the Zoning Code.
NON-RESIDENTIAL NEW DEVELOPMENT PROJECT. All development other than residential development projects. For purposes of this chapter:
(a) GENERAL COMMERCIAL shall mean those types of uses as permitted within the commercial districts.
(b) LODGING shall mean hotel, motel, timeshare, bed and breakfast or similar lodging uses as permitted within the commercial district.
MULTI-FAMILY RESIDENTIAL DEVELOPMENT PROJECT. A residential development project in which a duplex dwelling, a group dwelling or a multiple dwelling is constructed, as those terms are defined in the Zoning Code.
PERSON. Any individual, firm, partnership, association, corporation, organization or business, or charitable trust.
PLANNED UNIT DEVELOPMENT. Shall have the same meaning ascribed to it in the Zoning Code.
PROPORTIONATE SHARE. The cost of a public facility or service specifically and uniquely attributable to a development, after the consideration of the generation of additional demand from the development, and any appropriate credits for contribution of money, dedication of land, or taxes dedicated for such projects.
PUBLIC FACILITY. Necessary public services that are permanent additions to the village's assets, that are primarily financed by long-term debt instruments and not from the village's annual operating budget, and which include design, construction, or purchase of land, buildings and facilities.
RESIDENTIAL DEVELOPMENT. Any development, as defined in this chapter, that is used, or is designed or intended to be used, entirely or in part, for residential purposes, and contemplates, or results in, a net increase in the number of lots, dwelling units, or bedrooms over that which previously existed on the property on which the development is, or is to be, located.
RETENTION AREA. A wet-bottom area of land, which provides for the temporary storage of stormwater runoff.
SERVICE STANDARD. The existing level of service delivery associated with a public facility for which a development impact fee shall be required.
SINGLE-FAMILY DWELLING. Shall have the same meaning as set forth in the Zoning Code.
SITE PLAN. A document prepared to scale indicating accurately the dimensions and boundaries of a site; and showing the location of all proposed buildings, structures, uses, and principal site development features for a parcel of land.
SITES. Lands that are: leased or owned, or to be leased or owned, by a public body; and used, to be used, or capable of being used for any purposes of the public body.
SPECIFICALLY AND UNIQUELY ATTRIBUTABLE. An identifiable portion of the need contained in the needs assessment for additional public facilities.
SQUARE FOOTAGE. The net floor area included within the surrounding exterior walls of a building or portion thereof, exclusive of vents, shafts, courts, and either private or public garages meant for specific storage of vehicles.
SUBDIVISION. Shall have the meaning ascribed to it in the Subdivision Ordinance.
SUBDIVISION AGREEMENT. An agreement, entered into between a developer and the village, approving and governing the subdivision of land pursuant to the Subdivision Ordinance.
SUBDIVISION ORDINANCE. Chapter 155 of this Code, regulating the processes and design standards applicable to the division of land within the village, as the same has been, and may from time to time hereafter be, amended.
TABLE OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT. The most current version of the population projection table, by dwelling unit type and age categories.
VILLAGE. The Village of East Dundee.
VILLAGE BOARD OF TRUSTEES. The Board of Trustees of the Village of East Dundee.
WETLAND. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
ZONING ORDINANCE. Chapter 157 of this Code, regulating the use of land within the village, as the same has been, and may from time to time hereafter be, amended.
(Ord. 05-17, passed 8-15-2005)