The words or phrases used in this Chapter 1343 shall have the meaning prescribed in the current Codified Ordinances of The City of Mayfield Heights, except as otherwise indicated herein:
(1) "Applicant" means any person who files an application with the City for a building permit for new land development.
(2) "Appropriation" means an action by the City to identify specific capital improvements for which impact fee funds may be utilized. Appropriation shall include, but shall not necessarily be limited to: inclusion of a capital improvement in the adopted City budget or capital improvements program; execution of a contract or other legal encumbrance for construction of a capital improvement using impact fee funds in whole or in part; and/or actual expenditure of impact fee funds through payments made from an impact fee account.
(3) "Capital expenditure" means any expenditure for a capital improvement, facility or equipment necessitated by new land development, which has an estimated useful life of five years or longer, and which is required pursuant to a City resolution. “Capital expenditures” may be for any capital improvement.
(4) "Capital improvements" means land or improvements and equipment with a useful life of five years or more, by new construction or other action, which increases the service capacity of the Mayfield Road Corridor. “Capital improvements” includes, but are not limited to resurfacing of roads, landscaping, sidewalks, streetscape elements, traffic signalization, bike lanes, and include their ongoing repair.
(5) "Capital improvements expenditures" includes amounts appropriated in connection with the planning, design, engineering and construction of capital improvements; planning, legal, appraisal and other costs related to the acquisition of land, financing and development costs; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; costs of updating and amending this chapter; and all other costs necessarily incident to provision of the capital improvement.
(6) "Capital Improvements Plan" means a plan that identifies capital improvements for which impact fees may be used as a funding source.
(7) "Connection charges or hookup charges" means charges for the actual cost of connecting a property to a public water or public sewer system, limited to labor and materials involved in making pipe connections, installation of water meters, and other actual costs.
(8) "Developer" means the individual, firm, corporation, partnership, association, syndication, trust or other legal entity that is responsible for creating a demand for City facilities and capital improvements by undertaking development or seeking approval of a new development.
(9) "Development" means the issuance of a building permit or a connection permit for the construction, reconstruction, redevelopment, improvement or conversion of a use of land or any structural alteration, relocation or enlargement which results in an increase in the number of service units required, or, the extension of a use or a new use of land which results in an increase in the number of service units. A building or structure shall include, but is not limited to, modular buildings and manufactured housing.
(10) "Development approval" means a document from a government entity which authorizes the commencement of a development.
(11) "Development permit" means a permit issued for construction on or development of land when no subsequent building permit is required.
(12) "District” or “Impact fee district" means the defined geographic area of the Mayfield Road Corridor within which particular capital improvements are provided and in which impact fees will be collected, appropriated and expended for capital improvements serving new land development within such area.
(13) "Fee payor" means the individual or legal entity that pays or is required to pay an impact fee.
(14) "Impact fee" means a fee relating to a capital facility or service provided by the City which is imposed on development as a condition of approval of such land development as a prerequisite to obtaining a permit (building permit) or service (connection permit) and which is calculated to defray all or a portion of the costs of the capital improvements required to accommodate new land development at City-designated level of service (LOS) standards and which reasonably benefits the new land development. The term does not include:
A. A charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development;
B. Connection or hookup charges;
C. Amounts collected from a developer in a transaction in which the governmental entity has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of the capital improvements.
(15) "Incidental benefits" means benefits which accrue to a property as a secondary result or as a minor consequence of the provision of public facilities to another property.
(16) "Level of service (LOS)" means a measure of the relationship between service capacity and service demand for public facilities.
(17) "Mayfield Road Corridor" means all property within the right-of-way of Mayfield Road and immediately adjacent to Mayfield Road, with an eastern boundary to the center line of SOM Center Road and a western boundary to the center line of Brainard Road.
(18) "Mayfield Road Corridor Impact Fee District Map" means the map(s) defining the geographical extent of the impact fee district for the adopted Mayfield Road Corridor.
(19) "Nonresidential development" means all property within the Mayfield Road Corridor not categorized within the use districts of class U-l Single-Family or U-2 Two-Family under the Zoning Code.
(20) "Proportionate share" means that portion of the cost of system improvements which reasonably relates to the service demands and needs of the development project.
(21) "Service area" based on sound planning and engineering principles, means the defined Mayfield Road Corridor geographic area in which specific public facilities provide service to development within the area defined. Provided, however, that no provision hereof may be interpreted to alter, enlarge, or reduce the service area or boundaries of the City, or other political subdivision which is authorized or set by law.
(22) "Service unit" means a standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements.
(23) "System improvement costs" means costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable to the improvements, and also including the costs of providing additional public facilities needed to serve new growth and development. “System improvements” do not include:
A. Construction, acquisition, or expansion of public facilities other than capital improvements identified in the capital improvements plan;
B. Repair, operation or maintenance of existing or new capital improvements;
C. Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
D. Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;
E. Administrative and operating costs of the City; and
F. Principal payments and interest or other finance charges on bonds or other indebtedness, except financial obligations issued by or on behalf of the City or a non-City service provider pursuant to an intergovernmental agreement to finance capital improvements identified in the capital improvements plan.
(24) "System improvements" means capital improvements to public facilities which are designed to provide service to a service area.
(Ord. 2006-36. Passed 10-23-06.)