13.35.030 Definitions.
For purposes of this chapter, the following mean:
“Capital improvements” means facilities or assets used for:
1. Water supply, treatment, storage and distribution, or any combination;
2. Waste water collection, transmission, treatment and disposal, or any combination;
3. Drainage or flood control/floodplain management;
4. Transportation, including but not limited to streets, sidewalks, bike lanes and paths, streetlights, traffic signs and signals, street trees, landscaping, 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, conservation easements, 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, dividing land into two or more parcels (including partitions and subdivisions), and creating or terminating a right of access. Development shall also include redevelopment of property.
“Improvement fee” means a fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to TMC 13.35.040. Said fee shall be calculated to obtain the cost of capital improvements for the projected need for available system capacity for future users. This term shall have the same meaning as the term “improvement fee” as used in ORS 223.297 through 223.314.
“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 for a public scenic or preservation purpose.
“Owner” means the owner, or owners, of record title, or the purchaser or purchasers under a recorded land sales agreement, and other persons having an interest of record in the described real property.
“Parcel of land” means a lot, parcel, block or other tract of land that in accordance with city regulations is occupied or may be occupied by a structure or structures or other use, and that includes the yards and other open space required under TMC Title 17 or 18 or other development ordinances.
“Permittee” means the person to whom a building permit, a development permit, a permit or plan approval to connect to the sewer or water system, or a right-of-way access permit is issued.
“Qualified public improvement” means a capital improvement that is:
1. Required as a condition of development approval;
2. Identified in the plan adopted pursuant to TMC 13.35.070; and either
a. Not located on or contiguous to a parcel of land that is the subject of the development approval; or
b. 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.
3. For the purposes of this definition, “contiguous” means in a public way which abuts the parcel.
“Reimbursement fee” means a fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to TMC 13.35.040.
“System development charge” means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time specified in TMC 13.35.040. It shall not include connection or hookup fees for sewer, storm, or water lines. Such fees are designed by the city only to reimburse the city for actual or average costs for such connections. A 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. [Ord. 725 § 3.]