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
10.04.067 of this division which identify roadway facilities capital improvements or facility expansions pursuant to which impact fees may be assessed.
Capital improvement.Any of the following facilities that have a life expectancy of three or more years and are owned and operated by or on behalf of a political subdivision:
(1) Water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; and stormwater, drainage, and flood control facilities; whether or not they are located within the service area; and
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 an impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed.
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.
Land use assumptions.Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a ten-year period, adopted by the city, as may be amended from time-to-time, upon which the capital improvement plan is based.
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.
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.
Roadway facilities.Arterial or collector streets or roads that have been designated on an officially adopted roadway plan of the political subdivision, together with all necessary appurtenances. The term includes the political subdivision's share of costs for roadways and associated improvements designated on the federal or state highway system, including local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances, and rights-of-way.
Service area.The area within the corporate boundaries, as determined under chapter 42, of the political subdivision to be served by the capital improvements or facilities expansions specified in the capital improvements plan. The service area, for the purposes of this chapter, may include all or part of the land within the political subdivision. For roadway facilities, the service area is limited to an area within the corporate boundaries of the political subdivision and shall not exceed six miles.
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 and based on historical data and trends applicable to the political subdivision in which the individual unit of development is located during the previous 10 years.
(Ordinance 2023-07 adopted 6/20/2023)