As used in this article, the following terms shall have the meanings
indicated:
APPLICANT
An individual, corporation, or other legal entity that applies for
a building permit or zoning certificate in the Town.
APPROPRIATION or TO APPROPRIATE
An action by the Town Council to identify specific public facilities
for which development impact fee funds may be used. Appropriation shall include,
but is not limited to:
(1)
Inclusion of a public facility in the adopted capital budget or capital
improvement plan;
(2)
Execution of a contract or other legal encumbrance for construction
of a public facility using impact fee funds in whole or in part; or
(3)
Actual expenditure of impact fee funds through payments made from an
impact fee account or subaccount.
CAPITAL BUDGET
The budget adopted by the Town Council from time to time, for the
purpose of identifying and financing needed capital improvements.
CAPITAL IMPROVEMENTS
Land acquisition, site development, site-related improvements, purchase
of equipment, or construction of structures necessary for the expansion or
construction of public facilities serving the Town and its residents, including
all related costs.
CAPITAL IMPROVEMENT PLAN
The schedule of capital improvements to be undertaken by the Town
as determined from time to time by the Town Council or as set forth in the
capital budget.
COMMERCIAL USE
Any development for commercial or recreational/entertainment use of a site as defined or described in Chapter
128 (Zoning).
CREDIT AGREEMENT
An agreement made pursuant to this article, which provides for a
credit of certain required development impact fees in exchange for the provision
of dedicated lands or the construction of facilities that are consistent with,
add to, or complement the Town's Capital Improvement Plan, or a monetary
prepayment for a capital improvement or public facility(s) that is funded
by development impact fee revenue. Such credit agreement may be incorporated
into a development rights and responsibilities agreement.
DEVELOPMENT IMPACT FEE or IMPACT FEE
A fee levied pursuant to this article as a condition of issuance
of a building permit or zoning certificate, and which is intended to fund
capital improvements and public facilities in the Town needed to serve new
growth and development activity in the Town.
FLOOR AREA
The total horizontal area in square feet of all floors within the
exterior walls of a building, including habitable or usable garage, basement,
attic, or similar spaces, but not including vent shafts, unroofed inner courts,
or usuable areas below ground or in attics.
INDUSTRIAL USE
Any development for industrial use of a site as defined or described in Chapter
128 (Zoning).
INSTITUTIONAL USE
Any development for institutional use of a site defined or described in Chapter
128 (Zoning).
MIXED-USE DEVELOPMENT
A new development consisting of both residential and nonresidential
uses and structures, or one or more different types of nonresidential uses
or structures, either on the same site or part of the same new development.
NEW DEVELOPMENT
Any development or development activity for which a building permit
or zoning certificate is issued after the effective date of this article,
and which either increases the number of residential dwelling units or which
increases total nonresidential floor area. Accessory and replacement residential
structures are excluded.
NONRESIDENTIAL DEVELOPMENT
Any development for commercial, industrial, or institutional use as those uses are defined or described in Chapter
128 (Zoning).
PUBLIC FACILITIES
Public works, improvements, and facilities, including government
facilities, bridges, streets and roads, parks and recreational facilities,
police and fire stations or substations and storm drainage facilities required
in whole or in part to accommodate new construction or development.
PUBLIC FACILITIES EXPENDITURES
Funds or resources appropriated or dedicated in connection with the
planning, design, engineering, and construction of public facilities; 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, and all other necessary
or incidental costs to provide the public facility.
RATE
The rate or rates used to calculate development impact fees for nonresidential
new development set forth in this article.
RESIDENTIAL USE
Existing or proposed dwelling units, including, but not limited to,
single-family, multifamily, duplex, manufactured, or modular homes, and apartments,
including second-floor apartments.
SITE RELATED IMPROVEMENT
Off-site capital improvements or facilities made necessary by new
development, including, but not limited to, hiking/biking paths, sidewalks,
roadway construction, upgrades or improvements, and traffic control devices
or measures.