(1) "Applicant" means any person who files an application with the Village for a zoning permit for new land development.
(2) "Appropriation" means an action by the Village 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 Village 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 (5) years or longer, and which is required pursuant to a Village resolution. Capital expenditures may be for any capital improvement.
(4) "Capital Improvements" means land or improvements and equipment with a useful life of five (5) years or more, by new construction or other action.
(5) "Capital Improvements Plan" means a plan that identifies capital improvements for which development impact fees may be used as a funding source.
(6) "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 title; and all other costs necessarily incident to provision of the capital improvement.
(7) "Developer" means the individual, firm, corporation, partnership, association, syndication, trust or other legal entity that is responsible for creating a demand for Village facilities and capital improvements by undertaking development or seeking approval of a new development.
(8) "Development" means the issuance of a zoning permit or a connection permit for the construction, reconstruction, redevelopment 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 not be limited to, modular buildings and manufactured housing. "Development" does not include alterations made to existing single-family homes.
(9) "Fee Payor" means the individual or legal entity that pays or is required to pay a development impact fee.
(10) "Impact Fee" means a fee relating to a capital facility or service provided by the Village which is imposed on development as a condition of approval of such land development as a prerequisite to obtaining a permit (zoning 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 Village-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.
(11) "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.
(12) "Level of service (LOS)" means a measure of the relationship between service capacity and service demand for public facilities.
(13) "Municipal Planning Area" means an area outside of the present Village limits, but in which the Village will provide public facilities and capital improvements.
(14) "Proportionate Share" means that portion of the cost of system improvements which reasonably relates to the service demands and needs of the development project.
(15) "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.
(Ord. 14-20. Passed 9-14-20.)