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 nonrecreational competitive functions generally occurring within water, including, but not limited to, water polo games, swimming meets, and diving events. The 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 PERMIT. Any permit issued by the City that authorizes vertical construction, increases square footage, 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. INFRASTRUCTURE shall have the same meaning as CAPITAL FACILITIES.

CATEGORY OF DEVELOPMENT. A specific land use category against which a development impact fee is calculated and assessed. The City assesses development impact fees against residential, commercial, institutional, industrial, office, land use categories, and other services, each of which is defined in this list of definitions.

CATEGORY OF NECESSARY PUBLIC SERVICES. A category of necessary public services for which the City is authorized to assess development impact fees, as further defined in SLCC 15.15.080(A)(1).

CITY. The City of San Luis, Arizona.

COMMERCIAL LAND USE. A land use category consisting of the uses permitted pursuant to SLCC 18.35.010 through 18.35.040, save and except for office and other services land use as defined below.

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 pursuant to SLCC 15.15.120 (or as otherwise permitted by this chapter).

CREDIT AGREEMENT. A written agreement between the City and a developer or landowner that allocates credits to the development pursuant to SLCC 15.15.120. A credit agreement may be included as part of a development agreement pursuant to SLCC 15.15.130.

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 SLCC 15.15.130, A.R.S. § 9-500.05, and any applicable requirements of the City Code.

DIRECT BENEFIT. A benefit to an EDU resulting from a capital facility that:

DWELLING UNIT. A house, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters.

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

EQUIVALENT DEMAND UNIT (EDU). A unit of development within a particular category of development, defined in terms of a standardized measure of the demand that a unit of development in that category of development generates for necessary public services in relation to the demand generated by a detached single-family dwelling unit. For all categories of necessary public services, the EDU factor for a detached single-family dwelling unit is one, while the EDU factor for a unit of development within another category of development is represented as a ratio of the demand for each category of necessary public services typically generated by that unit as compared to the demand for such services typically generated by a detached single-family dwelling unit. An EDU shall be a “service unit” for purposes of A.R.S. § 9-463.05(T)(10).

EXCLUDED LIBRARY FACILITY. Library facilities for which development impact fees may not be charged pursuant to 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 pursuant to 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 3,000 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 pursuant to SLCC 15.15.120 that identifies the methodology for calculating the amount of each development impact fee, explains the relationship between the development impact fee to be assessed and the plan-based cost per EDU calculated 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.

GENERAL GOVERNMENT. A category of necessary public services that includes principal and interest for debt service for buildings, equipment, and all appurtenances for City administration which were acquired, developed, built, constructed, and/or financed pursuant to bonds issued for this purpose pursuant to the San Luis Civic Improvement Corporation Municipal Facilities Excise Tax Revenue Bonds Series 2005.

GENERAL PLAN. The most recently adopted San Luis General Plan.

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.

GROSS IMPACT FEE. The total development impact fee to be assessed against a subject development on a per unit basis, prior to subtraction of any credits.

INDUSTRIAL LAND USE. Uses permitted pursuant to Chapter 18.40 SLCC.

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 pursuant to SLCC 15.15.090 to cover any category or combination of categories of necessary public services.

INSTITUTIONAL LAND USE. A category of nonresidential land use that includes private schools, hospitals, religious facilities, day care centers and other similar public and quasi-public uses when not elsewhere classified in other land use categories in the fee schedule.

INTERIM FEE SCHEDULE. The San Luis development impact fee schedule as established prior to January 1, 2012, in accordance with then-applicable law, and which shall expire not later than August 1, 2014.

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 SLCC 15.15.070.

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.

MULTIFAMILY RESIDENTIAL (2+) LAND USE SUBCATEGORY. Predominantly uses permitted pursuant to SLCC 18.30.010 through 18.30.030, and similar uses as determined by the Public Works Director.

NECESSARY PUBLIC SERVICES. Has the meaning prescribed in A.R.S. § 9-463.05(T)(5).

OFFICES AND OTHER SERVICES LAND USE. A category of use described as professional, administrative, and general offices; urgent care facilities; veterinary hospitals or clinics; medical, dental, chiropractic, and clinical offices; and similar uses as determined by the City Public Works Director.

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 pursuant to SLCC 15.15.080.

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.

PLAN-BASED COST PER EDU. The total future capital costs listed in the infrastructure improvements plan for a category of necessary public services divided by the total new equivalent demand units projected in a particular service area for that category of necessary public services over the same time period.

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 vehicle 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.

PUBLIC SAFETY. A category of necessary public services combining police facilities and fire protection.

QUALIFIED PROFESSIONAL. A professional engineer, surveyor, financial analyst, or planner providing services within the scope of his or her license, education or experience.

RESIDENTIAL LAND USE CATEGORY. Includes all uses in the single-family residential, multifamily, hotel/motel, congregate care, age-restricted single-family residential, and age restricted multifamily residential land use subcategories.

SERVICE AREA. Any specified area within the boundaries of the City within which: (1) the City will provide a category of necessary public services to development at a planned level of service; and (2) within which (a) a substantial nexus exists between the capital facilities to be provided and the development to be served, or (b) in the case of a park facility larger than 30 acres, a direct benefit exists between the 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.

SINGLE UNIT RESIDENTIAL LAND USE SUBCATEGORY. Detached and attached residential structures characteristic of a primary residence, even if the residence is subsequently rented. Mobile homes and manufactured homes on individual parcels, and duplexes, triplexes, condominiums, and townhomes are assessed at the single-family residential land use rate.

STREET FACILITIES. A category of necessary public services including arterial or collector streets or roads that have been designated on an officially adopted plan of the City, traffic signals and rights-of-way and improvements thereon.

STORM DRAINAGE. A category of necessary public services including but not limited to storm sewers constructed in sizes needed to provide for storm water management for areas beyond major street projects and storm water detention/retention basins, tanks, pump stations and channels necessary to provide for proper storm water management, including any appurtenances for those 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 SLCC 15.15.130.

SUBSTANTIAL NEXUS. A SUBSTANTIAL NEXUS exists where the demand for necessary public services that will be generated by an EDU 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 noncompetitive 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. (Res. 1055, passed 5-14-2014; Ord. 327 § 1, passed 5-28-2014. Code 2012 § 150.042.)