§ 28-126. Definitions.

When used in this article, the terms listed below shall have the following meanings unless the context requires otherwise. Singular terms shall include their plural.

Applicant: A person who applies to the city for a building permit.

Appurtenance: Any fixed machinery or equipment, structure or other fixture, including integrated hardware, software or other components, associated with a capital facility that are necessary or convenient to the operation, use, or maintenance of a capital facility, but excluding replacement of the same after initial installation.

Aquatic center: A facility primarily designed to host non-recreational competitive functions generally occurring within water, including, but not limited to, water polo games, swimming meets, and diving events. Such facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities, including but not limited to, locker rooms, offices, snack bars, bleacher seating, and shade structures.

Building: Any structure used or intended for supporting or sheltering any residential or nonresidential land use or occupancy.

Building Area: The area included within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.

Building permit: Any permit issued by the city that authorizes vertical construction, increases square footage (building area), authorizes changes to land use, or provides for the addition of a residential or nonresidential point of demand to a water or wastewater system.

Capital facility: An asset having a useful life of three or more years that is a component of one or more categories of necessary public service provided by the city. A capital facility may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated financing and professional services. Wherever used herein, "infrastructure" shall have the same meaning as "capital facilities."

Category of necessary public service: A category of necessary public services for which the city is authorized to assess development impact fees, as further defined in section 28-131(a)(1) of this Article.

Category of development: A specific category of residential, industrial, commercial, institutional, or office and other services development against which a development impact fee is calculated and assessed. The city assesses development impact fees against the following categories of development:

(1)

Residential development on a per dwelling unit basis (which includes, but is not limited to, single family, multi-family, mobile home/park model, and all other types of residential dwelling units), and

(2)

Nonresidential development on a per thousand (1,000) square foot basis (which includes, but is not limited to, commercial/retail development, office, institutional, business park, light industrial, warehousing, manufacturing and hotel).

City: The city of Glendale, Arizona.

Commercial land use: Retail development, including the sale of goods to the public for use or consumption, rather than for resale, and eating/drinking places. A shopping center is an integrated group of commercial establishments.

Credit: A reduction in an assessed development impact fee resulting from developer contributions to, payments for, construction of, or dedications for capital facilities included in an infrastructure improvements plan under section 28-135 of this article (or as otherwise permitted by this article).

Credit agreement: A written agreement between the city and the developer(s) of subject development that allocates credits to the subject development under section 28-135 of this article. A credit agreement may be included as part of a development agreement under section 28-136 of this article.

Credit allocation: A term used to describe when credits are distributed to a particular development or parcel of land after execution of a credit agreement, but are not yet issued.

Credit issuance: A term used to describe when the amount of an assessed development impact fee attributable to a particular development or parcel of land is reduced by applying a credit allocation.

Developer: An individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency, or other person or entity undertaking land development activity, and their respective successors and assigns.

Development agreement: An agreement prepared in accordance with the requirements of section 28-136 of this article, A.R.S. § 9-500.05, and any applicable requirements of the city code.

Direct benefit: A benefit to a service unit resulting from a capital facility that: (a) addresses the need for a necessary public service created in whole or in part by the service unit; and that (b) meets either of the following criteria: (i) the capital facility is located in the immediate area of the service unit and is needed in the immediate area of the service unit to maintain the levels of service; or (ii) the capital facility substitutes for, or eliminates the need for a capital facility that would have otherwise have been needed in the immediate area of the service unit to maintain the city's levels of service.

Dwelling: A building that contains one or more dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.

Dwelling unit: A place of residence providing complete, living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Examples include a house, apartment, townhome, condominium unit, or manufactured home. Dwelling unit does not include hotels designed primarily for transient occupant purposes, nor group quarters, nor rooms in hospitals or nursing homes.

Equipment: Machinery, tools, materials, and other supplies, not including vehicles, that are needed by a capital facility to provide the levels of service specified by the infrastructure improvement plan, but excluding replacement of the same after initial development of the capital facility.

Excluded library facility: Library facilities for which development impact fees may not be charged under A.R.S. § 9-463.05, including that portion of any library facility that exceeds 10,000 square feet, and equipment, vehicles or appurtenances associated with library operations.

Excluded park facility: Park and recreational facilities for which development impact fees may not be charged under A.R.S. § 9-463.05, including amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, or zoo facilities.

Fee report: A written report developed under section 28-132 of this article that identifies the methodology for calculating the amount of each development impact fee, identifies the service area to which each impact fee applies, explains or demonstrates the relationship between the development impact fee to be assessed and assumptions and calculations set forth in the infrastructure improvements plan, and which meets other requirements set forth in A.R.S. § 9-463.05.

Financing or debt: Any debt, bond, note, loan, interfund loan, fund transfer, or other debt service obligation used to finance the development or expansion of a capital facility.

Fire protection: A category of necessary public services that includes fire stations, fire equipment, fire vehicles and all appurtenances for fire stations. Fire protection does not include vehicles or equipment used to provide administrative services, or helicopters or airplanes. Fire protection does not include any facility that is used for training firefighters from more than one station or substation.

Grandfathered facilities: Capital facilities provided through financing or debt incurred before June 1, 2011 for which a development impact fee has been pledged towards repayment as described in section 28-128(c) of this article.

General plan: Refers to the comprehensive plan, or part thereof, and all amendments, providing for the future growth and development of the city, the overall land-use plan for the city establishing areas of the city for different purposes, zones and activities adopted by the city council and any subsequent amendments to the general plan, including but not limited to the updated land use map.

Gross development impact fee: The total development impact fee to be assessed against a subject development on a per unit basis, before subtraction of any credits.

Industrial land use: Processing or production of goods, along with warehousing, transportation, communications, and utilities.

Infrastructure improvements plan: A document or series of documents that meet the requirements set forth in A.R.S. § 9-463.05, including those adopted under section 28-132 of this article to cover any category or combination of categories of necessary public services.

Institutional land use: Schools, universities, churches, and public buildings.

Interim fee schedule: Any development impact fee schedule established before January 1, 2012 in accordance with then-applicable law, and which shall expire not later than August 1, 2014 under section 28-134 of this article.

Land use assumptions: Projections of changes in land uses, densities, intensities and population for a service area over a period of at least ten years as specified in section 28-130 of this article.

Level of service: A quantitative and/or qualitative measure of a necessary public service that is to be provided by the city to development in a particular service area, defined in terms of the relationship between service capacity and service demand, accessibility, response times, comfort or convenience of use, or other similar measures or combinations of measures. Level of service may be measured differently for different categories of necessary public services, as identified in the applicable infrastructure improvements plan.

Library facilities: A category of necessary public services in which literary, musical, artistic, or reference materials are kept (materials may be kept in any form of media such as electronic, magnetic, or paper) for non-commercial use by the public in a facility providing a direct benefit to development. Libraries do not include excluded library facilities, although a library may contain, provide access to, or otherwise support an excluded library facility.

Mixed-use land use: A development or phase of development that may contain components of more than one use category (residential, industrial, commercial, institutional, or office and other services).

Necessary public services: "Necessary public services" shall have the meaning prescribed in A.R.S. § 9-463.05(T)(7).

Office and other services land use: Offices, health care, business services, and lodging.

Offset: An amount which is subtracted from the overall costs of providing necessary public services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for development impact fees), and other revenue sources, as determined by the city under section 28-131 of this article.

Parks and recreational facilities: A category of necessary public services including but not limited to parks, swimming pools and related facilities and equipment located on real property not larger than 30 acres in area, as well as park facilities larger than 30 acres where such facilities provide a direct benefit. Parks and recreational facilities do not include excluded park facilities, although parks and recreational facilities may contain, provide access to, or otherwise support an excluded park facility.

Pledged: Where used with reference to a development impact fee, a development impact fee shall be considered "pledged" where it was identified by the city as a source of payment or repayment for financing or debt that was identified as the source of financing for a necessary public service for which a development impact fee was assessed under the then-applicable provisions of A.R.S. § 9-463.05.

Police facilities: A category of necessary public services, including vehicles and equipment, that are used by law enforcement agencies to preserve the public peace, prevent crime, detect and arrest criminal offenders, protect the rights of persons and property, regulate and control motorized and pedestrian traffic, train sworn personnel, and/or provide and maintain police records, vehicles, equipment, and communications systems. Police facilities do not include vehicles and equipment used to provide administrative services, or helicopters or airplanes. Police facilities do not include any facility that is used for training officers from more than one station or substation.

Qualified professional: Any one of the following: (a) a professional engineer, surveyor, financial analyst or planner, or other licensed professional providing services within the scope of that person's education or experience related to city planning, zoning, or impact development fees and holding a license issued by an agency or political subdivision of the State of Arizona; (b) a financial analyst, planner, or other non-licensed professional that is providing services within the scope of the person's education or experience related to City planning, zoning, or impact development fees; or (c) any other person operating under the supervision of one or more of the above.

Residential land use: Single-unit residential includes detached units (both site-built and manufactured) and townhouses that share a common sidewall, but are constructed on an individual parcel of land. The 2+ units per structure category includes all structures with two or more units on an individual parcel of land.

Right-of-way: Land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes.

Service area: Any specified area within the boundaries of the city within which: (a) the city will provide a category of necessary public services to development at a planned level of service; and (b) within which (i) a substantial nexus exists between the capital facilities to be provided and the development to be served, or (ii) in the case of library facilities or a park facility larger than 30 acres, a direct benefit exists between the library facilities or park facilities and the development to be served, each as prescribed in the infrastructure improvements plan. Some or all of the capital facilities providing service to a service area may be physically located outside of that service area provided that the required substantial nexus or direct benefit is demonstrated to exist.

Service unit: A standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated under generally accepted engineering or planning standards for a particular category of necessary public services or facility expansions (A.R.S. § 9-463.05(T)(10)).

Street facilities: A category of necessary public services including arterial or collector streets or roads, traffic signals, rights-of-way, and improvements thereon, bridges, culverts, irrigation tiling, storm drains, and regional transportation facilities.

Subject development: A land area linked by a unified plan of development, which must be contiguous unless the land area is part of a development agreement executed in accordance with section 28-136 of this article.

Substantial nexus: A substantial nexus exists where the demand for necessary public services that will be generated by a service unit can be reasonably quantified in terms of the burden it will impose on the available capacity of existing capital facilities, the need it will create for new or expanded capital facilities, and/or the benefit to the development from those capital facilities.

Swimming pool: A public facility primarily designed and/or utilized for recreational non-competitive functions generally occurring within water, including, but not limited to, swimming classes, open public swimming sessions, and recreational league swimming/diving events. The facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities.

Useful life: The period of time in which an asset can reasonably be expected to be used under normal conditions, whether or not the asset will continue to be owned and operated by the city over the entirety of such period.

Vehicle: Any device, structure, or conveyance utilized for transportation in the course of providing a particular category of necessary public services at a specified level of service, excluding helicopters and other aircraft.

Wastewater: A category of necessary public services including but not limited to sewers, lift stations, reclamation plants, wastewater treatment plants, and all other facilities for the collection, interception, transportation, treatment and disposal of wastewater, and any appurtenances for those facilities.

Water: A category of necessary public services including but not limited to those facilities necessary to provide for water services to development, including the acquisition, supply, transportation, treatment, purification and distribution of water, and any appurtenances to those facilities.

(Ord. No. 2891, § 2, 5-13-14)