For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAPITAL IMPROVEMENTS. Facilities or assets used for:
(1) Water supply, treatment and distribution;
(2) Waste water collection, transmission, treatment and disposal;
(3) Drainage and flood control;
(4) Transportation, including but not limited to streets, sidewalks, bike lanes and paths, street lights, traffic signs and signals, public transportation, vehicle parking and bridges; or
(5) Parks and recreation, including but not limited to neighborhood parks, community parks, public open space and trail systems, buildings, courts, fields and other like facilities.
DEVELOPER. Any person responsible for a development.
DEVELOPMENT. Conducting a building or mining operation, making a physical change in the use or appearance of a structure or land, dividing land into two or more parcels (including partitions and subdivisions), and creating or terminating a right of access.
IMPROVEMENT FEE. A fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to § 37.04.
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 scenic or preservation purpose.
OWNER. The owner or owners of record title or the purchaser or purchasers under a recorded sale 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:
(1) Required as a condition of residential development approval;
(2) Identified in the plan adopted pursuant to § 37.08; and
(3) Not located on or contiguous to a parcel of land that is the subject of the residential development approval.
REIMBURSEMENT FEE. A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to § 37.04.
SYSTEM DEVELOPMENT CHARGE. A reimbursement fee, an improvement fee or a combination thereof assessed or collected at any of the times specified in § 37.09. SYSTEM DEVELOPMENT CHARGE does not include connection or hook-up fees for sanitary sewers, storm drains or water lines, such fees are designed by the city only to reimburse the city for actual or average costs for such connections. 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. 344, passed 3-9-1992; Ord. 768, passed 11-13-2023)