§ 10.32.03. Definitions.

Agreement means fair share agreement as defined in this chapter. The two terms may be used interchangeably.

Applicant or developer or owner means any individual, corporation, business trust, estate trust, partnership, association, two or more persons have a joint or common interest, governmental agency, or any other legal entity, which has submitted an application for a fair share agreement and/or who desires to participate in the fair share program.

Application means an application presented to he city containing the information required pursuant to this chapter.

Authorized improvement means an unconstructed water or wastewater improvement;

Capacity means a maximum and quantifiable ability for a public facility to provide service to its users, calculated relative to the city's level of service infrastructure standard.

Commission means the water & sewer commissioners.

City means city of Bryant, Arkansas.

Comprehensive plan means the city comprehensive plan adopted pursuant to Resolution 2005-12 on September 26, 2005, as subsequently amended.

Coordinator means the director of the planning department or his or her designee.

Department is the city water and sewer department.

Development means the carrying out of any commercial, residential, or other building activity, the making of any material change in the use of any structure or land, or the dividing of land into three or more parcels according to a plat of record.

Fair share fees are monetary charges imposed on new development to recoup or offset a proportionate share of public capital costs required to accommodate such development with necessary public facilities.

In-kind services are payments made in the form of goods and services, rather than cash that directly benefit a project. These contributions may be in the form of real property, equipment, supplies and other expendable property, and the value of goods and services directly benefiting and specifically identifiable to the project.

Land development regulations means ordinances enacted by the city council for the regulations of any aspect of development and includes, but is not limited to, any action, zoning, rezoning, subdivision, environmental, building construction, or regulations controlling the development of land.

Level of service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. LOS is indicated by the capacity per unit of demand for each public facility or service. The city will determine its adopted LOS standards.

Mixed use development means land development that includes a residential land use and one or more other land uses. For example, a development consisting of residential, commercial and industrial.

Public facility means those facilities and/or services for which level of service standards have been adopted: roads, mass transit, potable water, sanitary sewer, solid waste, drainage, and parks and recreation.

Water or wastewater concurrency means that the necessary public facilities and services to maintain the applicable adopted level of service standards for water or wastewater facilities are available when the impacts of development occur.

( Ord. No. 2006-40, § 3 )