CAPITAL IMPROVEMENTS: Improvements, land and equipment with a useful life of ten (10) years or more that increases or improves the service capacity of a public facility. The term does not include consumable supplies.
CONNECTION CHARGE: The actual costs of connecting a property to a public utility system and is limited to the labor materials, and overhead involved in making connections and installing meters.
DEVELOPMENT: Any construction, renovation, installation or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land, which creates additional demand for public facilities.
IMPACT FEE: Any charge imposed upon development by the town as part of the development approval process to fund the additional service capacity required by the development from which it is collected. An impact fee may include a fee for the administration of the impact fee not to exceed the maximum allowed by law.
The term does not include:
A. A charge or fee to pay for administration, plan review, or inspection costs associated with a permit required for development;
B. A connection charge;
C. Any other fee authorized by law, including, but not limited to, user fees, special improvement district assessments, fees authorized under title 7 of this code for county, municipal, and consolidated government sewer and water districts and systems, and costs of ongoing maintenance; or
D. On site or off site improvements necessary for new development to meet the safety, level of service, and other minimum development standards that have been adopted by the town.
IMPROVEMENT: Planning, land acquisition, engineering design, construction inspection, on site construction, off site construction, equipment purchases and financing costs associated with new or expanded facilities, building and equipment that expand the capacity of a facility or service system and that have an average useful life of at least ten (10) years, not including maintenance, operations or improvements that do not expand capacity.
PROJECT RELATED IMPROVEMENTS: Site related improvements including, without limitation, all public facility infrastructure or facilities adjacent to, leading to or located within the development and serving only the development; and all off site improvements necessary for the safety and code compliance of a development. Credit for incidental improvements such as those discussed in the definition of Impact Fee in this section, shall not be allowed. The presumption shall be made that the minimum improvement needed to serve a project shall be deemed to be a project improvement even if additional capacity is thereby created that may be potentially used by other developments presently or in the future.
PROPORTIONATE SHARE: That portion of the cost of capital system improvements that reasonably relates to the service demands and needs of the project.
PUBLIC FACILITIES: A. A water supply production, treatment, storage, or distribution facility;
B. A wastewater collection, treatment, or disposal facility;
C. A transportation facility, including roads, streets, bridges, rights of way, traffic signals, and landscaping;
D. A storm water collection, retention, detention, treatment, or disposal facility or a flood control facility;
E. A police, emergency medical rescue, or fire protection facility; and
F. Other facilities for which documentation is prepared as provided below that have been approved as part of an impact fee ordinance or resolution by a two-thirds (2/3) majority of the town council.
PUBLIC SERVICES: For purposes of this chapter means water, wastewater, storm drainage, roads, signalization and fire protection. (Ord. 06-010, 2-13-2007)