For the purpose of this subchapter, 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) Sanitary sewer collection, transmission, treatment and disposal;
(3) Drainage and flood control;
(4) Transportation, including, but not limited to, streets, sidewalks, bike paths, street lights, street trees, mass public transportation, vehicle parking and bridges; or
(5) Parks and recreation, including, but not limited to, mini-neighborhood parks, neighborhood parks, community parks and other recreational facilities.
DEVELOPMENT. Constructing a building or a structure, conducting a 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 § 52.078.
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.
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 required as a condition of development approval, identified in the plan adopted pursuant to § 52.082, and either:
(1) Not located on or contiguous to property that is the subject of development approval; or
(2) 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.
REIMBURSEMENT FEE. A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to § 52.078 and for which the City Council determines capacity to exist.
SYSTEM DEVELOPMENT CHARGE. A reimbursement fee, an improvement fee or a combination thereof along with a “compliance fee” that takes into account direct costs of complying with the provisions of this subchapter, including the costs of developing system development charge methodologies and providing an annual accounting of system development charge expenditures; which are assessed or collected at any of the times specified in § 52.083. It shall also include that portion of a water or sanitary sewer system connection charge that is greater than the amount necessary to reimburse the city facilities. 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.
(Prior Code, § 52.077) (Ord. 1272, passed 12-19-2012)