The following definitions shall apply for purposes of this Chapter unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined by their usual and customary meaning.
(1) "Act" means the Impact Fee Act, Chapter 36, Title 11, et.seq. Utah Code (as amended) as in existence on the effective date of this ordinance or as hereafter amended.
(2) "Boundary line adjustment" shall have the same meaning as set forth in Title 18 of the Layton Municipal Code.
(3) "Building permit" means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure. For purposes of this Chapter, "building permit" also includes a mobile home permit.
(4) "Capital facilities" means the facilities or improvements included in a capital budget.
(5) "Capital Facilities Plan" or the "Plan" means the Capital Facilities Plan as required by Section 11-36-201, Utah Code (as amended).
(6) "City" means the City of Layton.
(7) "City Engineer" means the officially appointed and acting City Engineer for the City.
(8) "Community and Economic Development Director" means the Director of the Community and Economic Development Department of Layton City.
(9) "Council" means the City Council of Layton.
(10) "Department" means the City Community and Economic Development Department.
(11) "Developer" means an individual, group of individuals, partnership, corporation, association, municipal corporation, state agency, or other person undertaking development activity, and their successors and assigns.
(12) "Development activity" means any construction or expansion of a building or structure; or the siting of a mobile home; or any change in use of a building or structure or mobile home; or the subdivision of land; or the seeking of plat approval, PRUD approval, site plan approval; boundary line adjustment, or conditional use permit approval; or any other change in use of land that creates additional demand and need for public streets and roads, publicly owned parks, open space, recreational facilities, storm drainage or culinary water facilities, and public safety facilities.
(13) "Development approval" means any written authorization from the City, other than a building permit, which authorizes the commencement of a development activity, including, but not limited to, plat approval, PRUD approval, site plan approval, mobile home park approval, boundary line adjustment, and a conditional use permit.
(14) "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for planned facilities.
(15) "Fee payer" is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for planned facilities, and which requires development approval and/or the issuance of a building permit. "Fee payer" includes an applicant for an impact fee credit.
(16) "Impact fee" means a payment of money imposed by the City on development activity pursuant to this Title as a condition of granting development approval and/or a building permit in order to pay for the planned facilities needed to serve new growth and development activity. "Impact fee" does not include a tax, a special assessment, a hook-up fee, a fee for project improvements, a reasonable permit or application fee, the administrative fee for collecting and handling impact fees, the cost of reviewing independent fee calculations, or the administrative fee required for an appeal.
(17) "Impact fee account" or "account" means the account or accounts established for the planned facilities for which impact fees are collected.
(18) "Independent fee calculation" means the impact calculation, and/or economic documentation prepared by a fee payer, to support the assessment of an impact fee other than by the use of the schedules provided in the City's Consolidated Fee Schedule, or the calculations prepared by the Community and Economic Development Director or City Engineer where none of the impact fee categories or impact fee amounts in the City's Consolidated Fee Schedule accurately describe or capture the impacts of the development activity on public streets and roads, publicly owned parks, open space, recreational facilities, storm drainage and culinary water facilities, and public safety facilities.
(19) "Layton City Consolidated Fee Schedule" means the schedule of fees charged by the City, adopted by ordinance, for various activities occurring within the City.
(20) "Mobile home park" shall have the same meaning as set forth in Title 19 of the Layton Municipal Code.
(21) "Owner" means the owner of record of real property, or a person with an unrestricted written option to purchase property; provided that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property.
(22) "Parks Director" means the Director of the Layton City Parks and Recreation Department.
(23) "Park impact fees" means the impact fee designated to pay for publicly owned parks, open space, and recreational facilities.
(24) "Planned facilities" shall mean public streets and roadway facilities, parks, open space, recreational facilities and trails, storm drainage and flood control facilities, and culinary water rights, supply, treatment and distribution facilities, and public safety facilities included in the applicable capital improvements plan.
(25) "Planned Residential Unit Development" or "PRUD" shall have the same meaning as set forth in Chapter 19.08 of the Layton Municipal Code.
(26) "Project improvements" means site improvements and facilities that are planned and designed to provide service for development resulting from a development activity and are necessary for the use and convenience of the occupant or users of development resulting from a development activity. "Project improvements" do not include "system improvements" as defined below.
(27) "Proportionate share" of the cost of public facility improvements means an amount that is roughly proportionate and reasonably related to the service demands and needs of a development activity.
(28) "Public safety" means police, fire, medical, and other emergency services provided by the City.
(29) "Public safety facilities" means public safety improvements including fire houses, police stations, or any other necessary capital infrastructure required to provide public safety services to the City-Wide Service Area. "Public safety facilities" does not mean any project improvements, vehicles, equipment, personal gear for City employees, or any other assets with a useful life of less than ten (10) years.
(30) "Public safety impact fee" means the impact fee designated to pay for public safety facilities.
(31) "Qualifying improvements" means an improvement which is part of the planned facility, for which an impact fee is required.
(32) "Residential unit" means any building or portion thereof which contains living facilities including provisions for sleeping, cooking, eating, and sanitation, as required by the City, for not more than one (1) family and including site-built buildings, mobile/manufactured homes, and modular homes.
(33) "Service area" refers to a geographic area designated by the City based on sound planning and engineering principles in which a defined set of the City's public facilities provides service.
(34) "Standard of service" means the quantity and quality of service which the City Council has determined to be appropriate and desirable for the City. A measure of the standard of service may include, but is in no way limited to, maximum levels of congestion on City streets and roads, maximum commute times, maximum wait at stops, minimum water pressure and volume, minimum fire suppression capabilities, public safety response capabilities, minimum park space of per capita for a variety of types of parks, minimum distance from residences to parks, minimum storm water runoff control systems, and any other factors the City Council may deem appropriate.
(35) "State" means the State of Utah.
(36) "Storm drainage impact fee" means the impact fee designated to pay for storm drain lines, basins, and other associated improvements.
(37) "System improvements" refer both to existing public facilities designed to provide services within the service area and to future public facilities identified in a reasonable plan for capital improvements that are intended to provide service to the service area. "System improvements" do not include "project improvements" as defined above.
(38) "Transportation impact fee" means the impact fee designated to pay for public streets and roads.
(39) "Water impact fee" means the impact fee designated to pay for water rights, supply, treatment, storage, and distribution facilities, distribution lines, and other associated improvements.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-42, Enacted, 6/30/1997
Ord. No. 05-35, Amended, 7/7/2005