“Capital Facilities Plan” means the plan required by Section 11-36-201 of the Act. In Section 11-36-201(2)(e) there is an exception to the Capital Facilities Plan for Cities of 5,000 or less in population, based on the latest counts. The City of Lindon does not meet this exception, therefore, they have completed a comprehensive Capital Facilities Plan for culinary water, wastewater and parks and recreation facilities in accordance with the Act and adopted on August 20, 2002 as included in Exhibit B.

“Development activity” means any construction or expansion of building, structure or use, any change in use of building or structure, or any change in the use of land that creates additional demand and need for public facilities. Development activity will include residential and commercial users who will connect to the City’s water and wastewater systems and will utilize the City’s parks and recreation systems.

“Development approval” means any written authorization from the City that authorizes the commencement of development activity.

“City” means a local political subdivision of the State of Utah and is referred to herein as Lindon City (the “City”).

“Impact fee” means a payment of money imposed upon development activity as a condition of development approval. “Impact fee” includes development impact fees, but does not include a tax, a special assessment, a hookup fee, a building permit fee, a fee for project improvements, or other reasonable permit or application fees.

“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.

“Proportionate share” of the cost of public facilities improvements means an amount that is roughly proportionate and reasonably related to the service demand and needs of a development activity.

“Public facilities” means Culinary Water, Wastewater and Parks and Recreation improvements of the City for the City-wide Service Area.

“Service area” refers to the geographic area designated by the City based on sound planning or engineering principles in which a defined set of the City’s public facilities provides service. The service area for purposes of the City-wide Impact Fee Analysis includes all areas within the jurisdictional boundaries of the City (Exhibit A: Map of the Lindon City-wide Service Area).

“System improvements” refer to both existing public facilities designed to provide services within the Lindon City-wide Service Area and to future public facilities identified in reasonable plan for capital improvements adopted by the City that are intended to provide service to the Lindon City-wide Service Area. “System improvements” do not include “Project improvements” as defined above.