§ 34-438. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Capital improvements means public facilities or assets used for any of the following:

(1)

Water supply, treatment and distribution;

(2)

Sanitary sewers, including collection, transmission, treatment and disposal;

(3)

Storm sewers, including drainage and flood control;

(4)

Transportation, including but not limited to streets, sidewalks, bike lanes and paths, street lights, traffic signs and signals, street trees, public transportation, vehicle parking and bridges; or

(5)

Parks and recreation, including but not limited to mini-neighborhood parks, neighborhood parks, community parks, public open space and trail systems, buildings, courts, fields and other like facilities.

Development means conducting a building or mining operation, making a physical change in the use or appearance of a structure or land, which increases the usage of any capital improvements or which creates the need for additional or enlarged capital improvements.

Improvement fee means a fee for costs associated with capital improvements to be constructed after July 1, 1991.

Land area means 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 means a lot, parcel, block or other tract of land that is occupied or may be occupied by a structure or structure or other use, and that includes the yards and other open spaces required under the zoning, subdivision or other development ordinances.

Qualified public improvements means a capital improvement that is:

(1)

Required as a condition of development approval;

(2)

Identified in the plan adopted pursuant to section 34-445; and

(3)

Not located on or contiguous to a parcel of land that is the subject of the residential development approval.

Reimbursement fee means a fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to section 34-441.

System development charge. The term "system development charge":

(1)

Means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement, at the time of issuance of a development permit or building permit, or at the time of connection to the capital improvement.

(2)

Includes that portion of a sewer or water system connection charge that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections with water and sewer facilities.

(3)

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, the cost of connection or hook-up fees for sanitary sewers or water lines, or the cost of complying with requirements or conditions imposed by a land use decision.

(Prior Code, § 35.001; Code 2006, § 13.24.1; Ord. No. 1241, § 1(part), 1991)