§ 31.31  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATIVE CHARGE. The amount charged to each development to cover the cost of developing the methodologies, providing an annual accounting of system development charge expenditures, implementation, and operational costs associated with the system development charge program.
   CAPITAL IMPROVEMENT. Public facilities or assets used for the following:
      (1)   Water supply, treatment, and distribution;
      (2)   Wastewater collection, transmission, treatment, and disposal;
      (3)   Drainage and flood control;
      (4)   Transportation, including, but not limited to, streets, sidewalks, bicycle lanes, multi-use paths, street lights, traffic signs and signals, pavement markings, street trees, swales, public transportation, vehicle parking, and bridges; or
      (5)   Parks and recreation, including, but not limited to, community parks, public open space and trail systems, recreational buildings, courts, fields, and other like facilities.
   CAPITAL IMPROVEMENT. Does not include costs of the operation or routine maintenance of CAPITAL IMPROVEMENTS.
   DEVELOPER. The person, builder, applicant, permittee, or firm developing land, making the improvement, or building or modifying a structure.
   DEVELOPMENT. All improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage, or activities, any building permit resulting in increased usage of capital improvements, and any new connection or increased size connection for a capital improvement.
      (1)   DEVELOPMENT includes the redevelopment of property.
      (2)   DEVELOPMENT also includes improved open areas, such as plazas and walkways, but does not include natural geologic forms or unimproved lands.
   IMPROVEMENT FEE. A fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to § 31.32.
   LAND AREA. The area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane, with the exception of a portion of the parcel within a recorded right-of-way or easement subject to a servitude for a public street or for a public scenic or preservation purpose.
   OWNER. The owner or owners of record, title, or the purchaser or purchasers under a recorded land sales agreement, and other persons having an interest of record in the described real property.
   PARCEL OF LAND. A lot, parcel, block, or other tract of land that is occupied, or may be occupied, by a structure or structures or other use, and that includes the yards and other open spaces required under the zoning, subdivision, or other development ordinances.
   QUALIFIED PUBLIC IMPROVEMENTS. A capital improvement that is required as a condition of development approval, identified in the plan adopted pursuant to § 31.36; and either:
      (1)   Not located on, or contiguous to, property that is the subject of the development approval; or
      (2)   Located in whole or in part on, or contiguous to, property that is the subject of development approval and required to be built larger, or with greater capacity than is necessary, for the particular development project to which the improvement fee is related.
   REIMBURSEMENT FEE. A fee for costs associated with capital improvements already constructed, or under construction when the fee is established, for which the City Council determines that capacity exists.
   SYSTEM DEVELOPMENT CHARGE. A reimbursement fee, an improvement fee, or a combination thereof, assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit, building permit, or connection to the capital improvement.
      (1)   SYSTEM DEVELOPMENT CHARGE includes the portion of a sewer or water system connection charge that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections with water and sewer facilities.
      (2)   SYSTEM DEVELOPMENT CHARGE does not include any fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed upon a land use decision, expedited land use division, or limited land use decision.
(Ord. 2021-02, passed 3-22-2021)