Applicant means a person who applies to the Town for a building permit or a credit.

Appurtenance means any fixed machinery or equipment, structure or other fixture, including integrated hardware, software or other components, associated with a capital facility that is necessary or convenient to the operation, use, or maintenance of a capital facility.

Aquatic center means 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 permit means the permit required for construction as determined pursuant to Article 6-1 (Building Code) of the Oro Valley Town Code. For purposes of this chapter only, the term “building permit” shall include the approval of the site plan for a mobile home park, the purchase of a new water meter, or the purchase of a larger water meter to replace an existing water meter.

Capital facility means an asset having a useful life of three (3) or more years that is a component of one (1) or more categories of necessary public service provided by the Town. 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.

Category of development means a specific type of residential, commercial, irrigation or industrial development against which a development fee is calculated and assessed. The Town assesses development fees against the following types of development within each of the three (3) broader categories of development: (A) for residential development, single-family detached, multifamily and mobile home park; (B) for commercial development, retail/commercial, hotel/motel, office and public/institutional; (C) for irrigation; and (D) for industrial, industrial and warehouse.

Category of necessary public service means a specific type of necessary public services for which the Town is authorized to assess development fees pursuant to A.R.S. Section 9-463.05(T)(5).

Credit means a reduction in an assessed development fee resulting from developer contributions to, payments for, construction of, or dedications for capital facilities included in an infrastructure improvements plan pursuant to Section 13-1-12 (or as otherwise permitted by this chapter).

Credit agreement means a written agreement between the Town and the developer(s) of a subject development that allocates credits to the subject development pursuant to Section 13-1-12.

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

Developer means 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.

Direct benefit means a benefit to a development resulting from a capital facility that: (A) addresses the need for a necessary public service created in whole or in part by the development; and that (B) meets either of the following criteria: (1) the capital facility is located in the immediate area of the development and is needed in the immediate area of the development to maintain the level of service; or (2) 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 development to maintain the Town’s level of service.

Dwelling unit means one (1) or more rooms in a building designed or intended to be used for occupancy by one (1) family, with living, sleeping and food preparation facilities, excluding hotel or motel rooms or suites.

Equipment means machinery, tools, materials, and other supplies, not including vehicles, that are needed by a capital facility to provide the applicable service.

Excluded park facility means park and recreational improvements for which development fees may not be charged pursuant to A.R.S. Section 9-463.05(T)(7)(g), 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 (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.

Financing or debt means 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 or associated appurtenances, vehicles or equipment.

General Plan refers to the overall land use plan for the Town establishing areas of the Town for different purposes, zones and activities adopted by the Town as may be amended from time to time.

Gross development fee means the total development fee to be assessed on a per unit basis, prior to subtraction of any credits.

Gross floor area means the sum of the gross horizontal areas of each story of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings or different uses, including attic space with headroom of seven (7) feet or greater and served by a permanent, fixed stair, but not including enclosed off-street parking or loading areas. Gross floor area shall also include areas of buildings within the horizontal projection of the roof or floor above, which do not have surrounding exterior walls but exceed three (3) feet in horizontal dimension.

Hotel/motel means establishments offering temporary lodging in rooms or suites for less than one (1) month or thirty (30) days.

Industrial means establishments primarily engaged in the fabrication, assembly or processing of goods.

Infrastructure improvements plan means a document or series of documents that meet the requirements set forth in A.R.S. Section 9-463.05, including those adopted pursuant to Section 13-1-9 to cover any category or combination of categories of necessary public services.

Interim fee schedule means any development fee schedule established prior to January 1, 2012, in accordance with then-applicable law, and which shall expire not later than August 1, 2014, pursuant to Section 13-1-11.

Irrigation means outdoor use of water with a separate water meter for landscaping of property for, but not limited to, commercial, homeowners associations, parks, schools and/or golf courses.

Land use assumptions means projections of changes in land uses, densities, intensities and population for a service area over a period of at least ten (10) years as specified in Section 13-1-7.

Level of service means a quantitative and/or qualitative measure of a necessary public service that is to be provided by the Town 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.

Lot. As defined in Chapter 31 of the Oro Valley Town Code.

Multifamily means a building or buildings containing multiple dwelling units.

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

Nonresidential means all land uses, except single-family detached and multifamily.

Office means a building not located in a shopping center and exclusively containing establishments providing executive, management, administrative or professional services. An office use may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, or child care facilities. Ground floor retail uses may also be included, but that space shall be assessed at the retail/commercial rate. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, secretarial, data processing, telephone answering, telephone marketing, music, radio and television recording and broadcasting studios; banks excluding drive-through only facilities; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; interior decorating consulting services; medical and dental offices and clinics, including veterinarian clinics and kennels; and business offices of private companies, utility companies, trade associations, unions and nonprofit organizations.

Offset means an amount that is subtracted from the overall costs of providing necessary public services to account for those capital facilities or associated debt that will be paid for by a development through taxes, fees (except for development fees), and other revenue sources, as determined by the Town pursuant to Section 13-1-8.

Park facilities means 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 thirty (30) acres in area, as well as park facilities larger than thirty (30) acres where such facilities provide a direct benefit. Park facilities do not include excluded park facilities, although park facilities may contain, provide access to, or otherwise support an excluded park facility.

Plan-based cost per service unit means the total future capital costs identified in the infrastructure improvements plan for a category of necessary public services as attributable to new development over a specified time period divided by the total new service units projected in a particular service area for that category of necessary public services over the same time period, less the offset per service unit.

Police facilities means 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 (1) station or substation.

Qualified professional means any one (1) 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 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 who is providing services within the scope of the person’s education or experience related to city planning, zoning, or development fees; or (C) any other person operating under the supervision of one (1) or more of the above.

Residential land use means a single-family detached, multifamily or mobile home development.

Retail/commercial means an establishment engaged in the selling or rental of goods, services or entertainment to the general public. Such uses include, but are not limited to, shopping centers, discount stores, supermarkets, home improvement stores, pharmacies, restaurants, bars, nightclubs, automobile sales and service, drive-through banks, movie theaters, amusement arcades, bowling alleys, barber shops, laundromats, funeral homes, private vocational or technical schools, dance studios, health clubs and banquet halls.

Service area means any specified area within the boundaries of the Town within which: (A) the Town will provide a category of necessary public services to development at a planned level of service; and (B) within which (1) a substantial nexus exists between the capital facilities to be provided and the development to be served, or (2) in the case of a park facility larger than thirty (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. The water service area may include areas within or outside of Town boundaries.

Service unit means a unit of demand within a particular category of necessary public services, defined in terms of a standardized measure of the demand that a unit of development in a category of development generates for necessary public services. For water service the service unit is the five-eighths (5/8) inch water meter size. For larger water meter sizes the total number of service units is based upon the AWWA capacity ratio.

Single-family detached means a lot containing one (1) dwelling unit that is not attached to any other dwelling unit.

Subject development means a contiguous land area linked by a unified plan of development, in furtherance of which the developer has made a capital improvement or other contribution for which credit is requested.

Substantial nexus means a substantial nexus exists where the demand for necessary public services that will be generated by a development 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 means 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.

Town means the Town of Oro Valley, Arizona.

Transportation facilities means a category of necessary public services consisting of Town-owned arterial and major collector streets; and also includes traffic signals, rights-of-way, and improvements thereon; culverts, irrigation tiling, and storm drains serving such streets.

Useful life means 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 Town over the entirety of such period.

Vehicle means any device, structure, or conveyance utilized for transportation in the course of providing a particular category of necessary public services, excluding helicopters and other aircraft.

Warehouse means establishments primarily engaged in the display, storage and sale of goods to other firms for resale; activities involving movement and storage of products or equipment; or an enclosed storage facility containing independent, fully enclosed bays that are leased to persons for storage of their household goods or personal property.

Water facilities means 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. ((O)14-04, 04/02/2014)