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Words and phrases that are defined in the Impact Fees Act shall have the same definition in this Impact Fee Ordinance. The following words and phrases shall have the following meanings:

“Capital Facilities Plan” means the plan required by Section 11-36-201(2)(b) of the Impact Fees Act. In Section 11-36-201(2)(e) there is an exception to the Capital Facilities Plan for Cities of 5,000 or less population, based on the latest census. Lindon does not meet this exception, therefore, they have completed a comprehensive Capital Facilities Plan, in accordance with the Act and will adopt said plan on November 16, 2004, as included in Exhibit B.

“Development Activity” mean 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 or need for public facilities. Development activity will include residential, commercial, industrial and institutional users who are not currently connected to the City’s Roadway system, but will locate within the Lindon I-15 Region.

“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 hook up 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” means the cost of public facility improvements that are roughly proportionate and reasonably related to the service demands and needs of a development activity.

“Public Facilities” shall mean Roadway improvements which are owned or operated by the City and have useful lives of ten or more years and are defined in the Capital Facilities Plan as the 700 North and I-15 Interchange Projects.

“Service Area” shall mean the I-15 Regional Transportation Area, which includes service areas A, B, C, and D as defined above and refers to a 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 areas for purposes of the Roadway System Impact Fee Ordinance include all of the area within the jurisdictional boundaries of the Lindon I-15 Region. (Exhibit A: Map of the Lindon I-15 Regional Transportation Area)

“System Improvements” refer both to existing public facilities designed to provide services within the Lindon I-15 Region 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 I-15 Region. “System improvements” do not include “Project improvements” as defined above.