As applied in this division, the following words and terms shall be used:
Assessment.The levying or charging of the approved impact fee per service unit which can be imposed on new development pursuant to this division.
Building permit.Written permission issued by the city for the construction, repair, alteration or addition to a structure. Written permission herein shall refer to either a building permit or a plumbing permit which is associated with an increase in meter unit equivalents on the property.
Capital construction cost of service.Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney’s fees, and expert witness fees), interest charges and other finance costs for bonds, notes or other obligations issued to finance capital improvements identified in the capital improvement plan and not used to reimburse bond funds expended for facilities that are not identified in the capital improvements plan, and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the city.
Capital improvement plan (CIP).The plan or plans adopted in section
10.04.038 of this division which identify wastewater collection and treatment and water supply, pump and storage facilities capital improvements or facility expansions pursuant to which impact fees may be assessed. The capital improvement plan may be composed of a separate water and wastewater capital improvement plan.
Capital improvements advisory committee (advisory committee).An advisory committee, appointed by the city council, consisting of at least five members, not less than 40 percent of which shall be representatives of the real estate, development, or building industries which are not employees of the city, and, if impact fees are to be applied within the extraterritorial jurisdiction of the city, including one member representing the extraterritorial jurisdiction; or consisting of the planning and zoning commission, including one regular or ad hoc member who is not an employee of the city and which is representative of the real estate, development, or building industry, and, if impact fees are to be applied within the extraterritorial jurisdiction of the city, one representative of the extraterritorial jurisdiction area; which committee is appointed to regularly review and update the capital improvement plan in accordance with the requirements of chapter 395.
Commercial development.For the purposes of this division, all development which is neither residential nor industrial.
Comprehensive plan (master plan).The comprehensive long-range plan, adopted by the city council, which is intended to guide the growth and development of the city, which may include analyses, recommendations and proposals for the city regarding such topics as population, economy, housing, transportation, community facilities and land use.
Credit.The amount of the reduction of a impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed.
Existing development.All development within the service area which has a water or wastewater tap on the city’s water or wastewater system, as of the date of the adoption of this division.
Facility expansion.The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development.
Final plat.The map, drawing or chart meeting the requirements of the city’s subdivision ordinance on which is provided a subdivider’s plan of a subdivision, and which has received final approval by the planning and zoning commission or city council and which is recorded with the office of the county clerk. A final plat shall not include an amended plat which does not show any lots in addition to those on the original plat.
Impact fees.The fee to be imposed upon new development, calculated based upon the costs of facilities in proportion to development creating the need for such facilities. Impact fees do not include dedication of land for public parks or payment in lieu of the dedication to serve park needs; dedication of rights-of-way or easements, or construction or dedication of site-related water distribution or wastewater collection facilities required by other ordinances of the city; or lot or acreage fees placed in trust funds for the purpose of reimbursing developers for overriding [oversizing] or constructing water or wastewater mains or lines; or other pro rata fees for reimbursement of water or wastewater mains or lines extended by the city.
Industrial development.Development which will be assigned to the industrial customer class of the water or wastewater utilities; generally, development in which goods are manufactured, or development which is ancillary to such manufacturing activity.
Land use assumptions.Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a 10-year period, adopted by the city, as may be amended from time to time, upon which the capital improvement plan is based.
Meter unit equivalent (MUE).The basis for establishing equivalency among and within various customer classes and land uses. For water and wastewater uses, a MUE is based upon the relationship of the continuous daily maximum flow rate in gallons per minute for a water meter of a given size and type and to the continuous daily maximum flow rate in gallons per minute for a 3/4" diameter simple water meter, using American Water Works Association C700-C703 standards. The table of equivalencies for water and wastewater included in exhibit A are on file in the office of the city secretary.
New development.The subdivision of land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units for water or wastewater service or requires the purchase of a new water or wastewater tap. New development also includes increasing the size of the water or sewer meter serving the property. New development includes the purchase of a water tap resulting from the conversion of an individual well to the city’s water utility but does not include the purchase of a wastewater tap resulting from the conversion of an individual septic or other individual waste disposal system to the city’s wastewater utility.
Offset.The amount of the reduction of an impact fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the city’s subdivision regulations or requirements.
Residential development.A lot developed for use and occupancy as a residence or residences, according to the city’s zoning ordinance.
Service area.An area defined in this division within the corporate boundaries or extraterritorial jurisdiction of the city or other areas served by the city for water and wastewater facilities to be served by the capital improvements or facility expansions specified in the capital improvement plan. The service area used for the calculation of water and wastewater fees is set forth in exhibit A on file in the office of the city secretary.
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. In this division, a service unit is based on setting a 3/4" water meter as the standard size meter for single-family residential properties. Meter equivalency data are utilized to compare the demand that larger water meters place on the system to the demand that a standard 3/4" meter places on the system. Meter equivalencies are also used to set wastewater impact fee charges, because wastewater return flow is directly related to the amount of water used by each customer. Service units for water and wastewater impact fees are expressed in meter unit equivalents (MUEs).
Site-related facility.An improvement or facility which is for the primary use or benefit of a new development and for which is for the primary purpose of safe and adequate provision of water or wastewater facilities to serve the new development, and which is not included in the capital improvements plan, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations.
System-related facility.A capital improvement or facility expansion which is designated in the capital improvement plan and which is not a site-related facility. A system-related facility may include a capital improvement which is located off-site, within or on the perimeter of the development site.
Tap purchase.The filing with the city of a written application for a water or wastewater tap and the acceptance of applicable fees by the city.
Wastewater facility.An improvement for providing wastewater collection and treatment service, including, but not limited to, treatment facilities, lift stations, or interceptor mains and necessary land or easements therefor. Wastewater facility excludes wastewater collection lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Wastewater facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site wastewater collection facilities required by valid ordinances of the city and necessitated by and attributable to the new development.
Wastewater facility expansion.Expansion of the capacity of any existing wastewater facility for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development.
Wastewater improvement plan.A portion of the capital improvement plan, as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this division.
Water facility.An improvement for providing water service, including, but not limited to, water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains and necessary land or easements therefor. Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the city and necessitated by and attributable to the new development.
Water facility expansion.Expansion of the capacity of any existing water facility for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development.
Water improvement plan.A portion of the capital improvement plan, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this division.
(2001 Code, sec. 13.1003)