For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
CAPITAL IMPROVEMENTS. Public facilities or assets used for wastewater collection, transmission, treatment and disposal, or any combination.
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. DEVELOPMENT includes redevelopment of property, dividing of land into 2 or more parcels, and creating or termination of a right of access. DEVELOPMENT 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 § 50.04 of this subchapter.
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(s) 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, in accordance with city regulations, 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 and other development ordinances.
PERMITTEE. The person to whom a building permit, development permit, a permit or plan approval to connect to the sewer system, water system or right-of-way access permit is issued.
QUALIFIED PUBLIC IMPROVEMENT. A capital improvement that is:
(1) Required as a condition of development approval; and
(2) Identified in the plan as adopted pursuant to § 50.08 of this subchapter and:
(a) Not located on or contiguous to a parcel of land this is the subject of the development approval;
(b) 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; or
(c) For the purposes of this definition,
CONTIGUOUS includes improvements to, located in, a public way that abuts the parcel.
REIMBURSEMENT FEE. A fee for costs associated with capital improvements constructed or under construction on the date the fee is established pursuant to § 50.04 of this subchapter, and for which the city 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, at the time of issuance of a development permit or building permit, or at the time of connection to the capital improvement.
(1) System development charge includes that portion of a sewer system and/or water system connection that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections with the facilities.
(2) A system development charge does not include 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 by a land use decision.
(Ord. 06-398, passed 7-26-2006)