The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ADVISORY COMMITTEE: The standing committee required to be appointed under Montana Code Annotated 7-6-1604.
APPLICANT: A person, including any governmental entities, seeking subdivision or development approval, a building or zoning permit, a refund, a waiver or a credit, whichever is applicable.
ASSESSMENT: The determination of the amount of the impact fee (see also definition of Collection).
CAPITAL IMPROVEMENTS: Improvements, land, and equipment with a useful life of ten (10) years or more that increase or improve the service capacity of the public facility. The term does not include consumable supplies.
CITY: The city of Three Forks.
CITY CAPITAL IMPROVEMENT PLAN (CIP): The city's capital improvement plan. The CIP includes projects that support rehabilitation, deficiency remediation and growth. The CIP will contain, as an additional component, the list of growth supporting projects that are funded by impact fees.
CITY COUNCIL: The duly constituted governing body of the city of Three Forks.
COLLECTION: The payment of applicable impact fees (see also definition of Assessment).
CONNECTION CHARGE: The actual cost of connecting a property to a public utility system and is limited to labor, materials, and overhead involved in making connections and installing meters.
CREDIT: Credit for the value of the construction, contribution or dedication of system improvements or the contribution of money for system improvements accepted by the city.
CREDIT HOLDER: The person entitled to transfer, apply or seek reimbursement for excess credits.
DEEMED COMPLETE: An applicant has submitted an application and requisite fees for a building permit and the city has accepted such application and fees.
DEVELOPER: Any person, corporation, organization or other legal entity constructing or creating new development.
DEVELOPMENT: Construction, renovation, or installation of a building or structure, a change in a building or structure, or a change in the use of land when the construction, installation, or other action creates additional demand for public facilities.
DEVELOPMENT AGREEMENT: A written agreement entered into between the city and a developer whereby the developer agrees to dedicate or construct capital improvements.
DEVELOPMENT APPROVAL: Written authorization, such as approval of a subdivision application or issuance of a building or zoning permit.
DEVELOPMENT SITE: The property under construction for development at the time of application for a building or zoning permit.
EFFECTIVE DATE: Day upon which this chapter takes effect.
ENCUMBERED: Impact fee funds committed for a specified capital improvement on a specified time schedule.
EXCESS CREDITS: That portion of the credit granted for system improvements which exceeds the value of the impact fees otherwise due from the development.
FACILITY EXPANSION: The expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. This term does not include the repair, maintenance, modernization or expansion of an existing facility to improve service to existing development.
FIRST IN, FIRST OUT: Expenditure of impact fee revenues reflecting the chronological order in which the impact fee revenues were collected.
GROSS FLOOR AREA: The sum of all floor area of a building, including basement, mezzanines and upper floor, measured from the exterior of outer supporting walls, including all necessary buildings on the same lot.
GROWTH POLICY: The city of Three Forks' growth policy.
IMPACT FEE: Any charge imposed upon development by the city as part of the development approval process to fund the additional service capacity required by the development from which it is collected. This term does not include:
A. A charge or fee to pay for administration, plan review, or inspection costs associated with a permit required for development;
B. A connection charge;
C. Any other fee authorized by law, including, but not limited to, user fees, special improvement district assessments, fees authorized under title 9 of this code for county, municipal, and consolidated government sewer and water districts and systems, and costs of ongoing maintenance; or
D. On site or off site improvements necessary for new development to meet the safety, level of service, and other minimum development standards that have been adopted by the governmental entity.
LAND USE: The primary category of use for any principal or accessory building, structure or use located on a development site.
LEVEL OF SERVICE (LOS): A standardized measure of capacity provided by a system of public facilities.
NEW DEVELOPMENT: The division of land; reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use, change of use or extension of the use of land; any of which increases the number of service units.
OFFSET: The amount by which an impact fee is reduced to fairly reflect the credits applied for system improvements.
OWNER OF RECORD: The persons having legal and equitable title to the property as recorded in the real property records of the county.
PERMIT: The building or zoning permit required by the city.
PROJECT IMPROVEMENTS: Site specific improvements or facilities that are planned, designed or built to provide service for a specific development project and that are necessary for the use of the occupants or users of that project, and that do not provide additional "service units" as defined in this section, for each impact fee category. The addition of service units shall control a determination of whether an improvement or facility is a project improvement or a system improvement, and the physical location of the improvement or facility, on site or off site, shall not be considered determinative of whether it is a project improvement or a system improvement. No improvement or facility specifically identified in the CIP shall be considered a project improvement. If an improvement or facility provides or will provide new service units, the improvement or facility shall not be considered a project improvement.
PROPORTIONATE SHARE: That portion of the cost of capital system improvements that reasonably relates to the service demands and needs of the project. A proportionate share must take into account the limitations provided in Montana Code Annotated 7-6-1602.
PUBLIC FACILITIES: A. A water supply production, treatment, storage, or distribution facility;
B. A wastewater collection, treatment, or disposal facility;
C. A transportation facility, including roads, streets, bridges, rights of way, traffic signals, and landscaping;
D. A storm water collection, retention, detention, treatment, or disposal facility or a flood control facility;
E. A police, emergency medical rescue, or fire protection facility; and
F. Other facilities for which documentation is prepared as provided in Montana Code Annotated 7-6-1602 that have been approved as part of the impact fee ordinance by a two-thirds (2/3) majority of city commission.
QUALIFIED PROFESSIONAL: A professional engineer, surveyor, financial analyst or planner providing services within the scope of his/her license, education or experience.
REFUND: Reimbursement of impact fees to the owner of record of property for which impact fees have been paid.
SERVICE AREAS: Geographically defined areas within the city that have been designated in the CIP in which development potential may create the need for capital improvements to be funded by impact fees.
SERVICE UNIT: 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 or facility expansions.
SINGLE-FAMILY: A building arranged or designed to be occupied by one family, including mobile homes, the structure having only one dwelling unit.
SYSTEM IMPROVEMENTS COSTS: Costs incurred to provide system improvements needed to serve new development including, but not limited to, the costs of system capacity and/or system impact studies, planning design and construction, land acquisition, land improvements, design and engineering related thereto, including the cost of constructing or reconstructing system improvement or facility expansions including, but not limited to, the construction contract price, surveying and engineering fees, related land acquisition costs and expenses incurred for qualified staff or any qualified engineer, planner, architect, landscape architect, or financial consultant for preparing or updating the capital improvements program and administrative cost not to exceed five percent (5%) of the total amount of the impact fees collected. Projected interest charges and other finance cost may be included if the development impact fees are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued by or on behalf of the city to finance system improvements, but such costs do not include routine and periodic maintenance expenditure, personnel training and other operating costs.
SYSTEM STUDIES: Any study, analysis or report, or portion thereof, required by the city to determine the system improvements for new development.
WAIVED: To relinquish or abandon a claim or right. (Ord. 299-06-07, 4-24-2007, eff. 5-24-2007)