In this chapter words and terms have the meanings set forth in this section. Words and terms not specifically defined herein have the meanings set forth in Section 1270.11 of the Codified Ordinances and the Ohio Basic Building Code, latest edition, as amended, unless a different meaning is assigned below:
(a) "Applicant." Any person who files an application with the City for a building permit or, if required by Section 1486.03, a certificate of occupancy, to undertake new development within the City.
(b) "Appropriation or to appropriate." An action by the City or City Manager to identify specific public facilities for which impact fee funds may be utilized. "Appropriation" shall include, but is limited to: inclusion of a public facility in the adopted City budget, capital improvements plan, or comprehensive plan; execution of a contract or other legal encumbrance for construction or acquisition of a public facility using impact fee funds in whole or in part; and/or the expenditure or transfer of impact fee funds from an impact fee account for the financing of public facilities that provides or will provide a roughly proportionate benefit to new development.
(c) "Building permit." Plan approval that is issued by the Chief Building Official.
(d) "Business park." A group of flex-type buildings that is: (1) served by a common roadway system; and (2) located in a "Commercial/Industrial Planned District pursuant to Section 1282.03 of the City Code, in which a final development plan approved by the Council allocates lots or sites for a variety of commercial, office, and industrial uses.
(e) "Capital Improvement Plan." A schedule of public facility improvements to be undertaken by the City as determined from time to time by the City Council or as set forth in the capital budget and/or the comprehensive plan.
(f) "City." City of Pickerington, Ohio.
(g) "City Council." The Council of the City of Pickerington, Ohio.
(h) "City Manager." The City Manager of the City of Pickerington, Ohio, or the City Manager's designee.
(i) "Codified Ordinances." The Codified Ordinances of Pickerington, Ohio, as amended from time to time.
(j) "Commercial." An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee, other than an Industrial, Light Industrial, Warehousing, Business Park, or Residential Use. "Commercial" includes any of the following uses as defined in Section 1270.11 of the Codified Ordinances and Table 1 of the Planning and Zoning Code: animal clinic with boarding; animal clinic without boarding; animal clinics; arts and craft studio; assisted living facility; auto fuel service; auto vehicle and equip. stores; automotive service/major repair; automotive service/minor repair; bar; business retail; commercial entertainment; consumer retail; day care; day care centers; drive-through banking; drive-through restaurant; drive-through retail; family restaurant; farm markets; full service restaurant; general retail; hospitals; hotel/motel; medical and health related services; nursing homes; personal service; and universities.
(k) "Comprehensive Plan." The Comprehensive Plan for the City of Pickerington and any subsequent plans adopted by City Council.
(l) "Credit." A reduction in the amount of a impact fee due pursuant to this chapter that may be granted pursuant to an approved reimbursement and validly executed development agreement between the City and a previous applicant, which resulted in the provision of excess public facility capacity sufficient to offset the impacts of the proposed new development on public facilities.
(m) "Government facilities." Structures; land areas and equipment such as municipal buildings; parking facilities; land acquisition; public school facilities; public works buildings and facilities; and municipal vehicles and equipment, that provide general government services capacity to new development.
(n) "Government facilities impact fee." An impact fee imposed on new residential and nonresidential development to fund the proportionate share of the costs created by new development for municipal facilities.
(o) "Impact fee" or "Impact Fee." A fee imposed on new development on a proportionate basis in connection with and as a condition of the issuance of a building permit and which is calculated to defray all or a portion of the costs of the public facilities required to accommodate new development at City-designated level of service (LOS) standards and which provides a roughly proportionate benefit to new development and is proportionate in amount to actual impact of new development on the public facilities to be funded with impact fee funds.
(p) "Light industrial." Industrial uses that emphasize activities other than manufacturing. Typical light industrial activities include, but are not limited to, printing plants, material-testing laboratories, and assembling of data processing equipment. "Light industrial" includes any of the following uses as defined in Section 1270.11 of the Codified Ordinances and Table 1 of the Planning and Zoning Code: light industry, research and development "ind." and research and development laboratory.
(q) "Manufacturing." A use devoted to the manufacture, assembly, packaging, processing, fabrication, storage, or distribution of goods and materials whether new or used or the substantial refinishing, repair and/or rebuilding of vehicles or boats. "Manufacturing" includes any of the following uses as defined in Section 1270.11 of the Codified Ordinances and Table 1 of the Planning and Zoning Code: agricultural storage processing, garbage transfer and general industries.
(r) "Methodology report." A report titled "Impact Fee Study: City of Pickerington Ohio," prepared in support of this chapter. by TischlerBise, dated March 21, 2005, which sets forth the methodology and rational basis for the determination of the impact of new development on public facilities; the proper and proportionate amount of the impact fee to be assessed against new development: and the mechanisms for ensuring that a rational nexus exists between the fee amount and the impact of new development on public facilities and the roughly proportionate benefits that accrue to new development paying the impact fee.
(s) "New development." Any construction, reconstruction; redevelopment, rehabilitation, structural alteration, structural enlargement, structural extension, or new use within the City that requires a building permit after the effective date of this chapter, including any change in use of an existing building, structure, or lot that increases the demand for one or more public facility; except as otherwise provided in Section 1486.03(d).
(t) "Nonresidential." Any use or development that is not a residential use.
(u) "Office/Institutional." Nonresidential uses that include, but are not limited to, professional services, insurance companies, investment brokers, and tenant services such as banking, restaurants, and service retail facilities. "Office/institutional" includes any of the following uses as defined in Section 1270.11 of the Codified Ordinances and Table 1 of the Planning and Zoning Code: professional and business offices; athletic fields; auditorium; cemetery; churches and places of worship; community centers; family swimming pools; family tennis courts; school (parochial); and golf courses.
(v) "Planning and Zoning Code." Part 12 of the Codified Ordinances of the City of Pickerington.
(w) "Police facilities." Structures, land areas and equipment such as headquarters, land acquisition, auxiliary buildings, vehicles, and equipment that provide law enforcement services capacity to new development.
(x) "Police facilities impact fee." An impact fee imposed on new residential and nonresidential development to fund the proportionate share of the costs created by new development for police facilities.
(y) "Public facility." Non-site-related capital improvements, including buildings, equipment, and land, that provide a roughly proportionate benefit to new development. "Public facilities" are nonrecurring and are treated as capitalized expenses according to generally-accepted governmental accounting principles. "Public facilities" do not include costs associated with the operation, repair, or maintenance of public facilities.
(z) "Public facility expenditures." Amounts appropriated in connection with the planning, design, engineering, and construction of public facilities; including planning, legal, appraisal, and other costs related to the acquisition of land, financing (including the issuance of bonds or other obligations of indebtedness used to pay for public facilities), and development costs; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessarily incident to the provision of public facilities.
(aa) "Reimbursement." Repayment of impact fees in an amount that fairly reflects the value of public facilities dedicated or constructed by an applicant.
(bb) "Residential use." Any use or development that includes or results in the creation of a dwelling unit, as defined in Section 1270.11 of the Codified Ordinances. A "Residential use" includes any of the following uses as defined in Section 1270.11 of the Codified Ordinances, or Table 1 of the Planning and Zoning Code: single-family dwellings, three-family dwellings, two-family dwellings, multi-family dwellings, row house dwellings, elderly housing, and zero lot line dwellings.
(cc) "Service charge." A charge against each applicant paying an impact fee, not to exceed 2% of the total impact fee assessed against the proposed new development, used solely for costs incurred in the administration of this chapter.
(dd) "Warehousing." A use primarily devoted to the storage of materials. "Warehousing" includes any of the following uses as defined in Section 1270.11 of the Codified Ordinances, or Table 1 of the Planning and Zoning Code: agricultural storage areas, self-storage buildings.
(Ord. 2007-45. Passed 8-21-07.)