§ 10-273. Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Adequate security means cash, a cashiers check, a letter of credit, property, or any other thing of value reasonably acceptable to the county.

Apartment means a structure that includes more than one dwelling unit. For impact fee determining purposes, duplex, triplex and quadruplex shall be categorized as "Apartment Residential 1-2 stories (per dwelling unit)."

Arterial road means a road providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road.

Building area means the area included within surrounding exterior walls, or exterior walls and fire walls, exclusive of courts. The area of a building or portion of a building without surrounding walls shall be the usable area under the horizontal projection of the roof or floor above.

Building permit means that development permit required before the construction of a structure.

Capital improvement means any project eligible for inclusion as a road project in the major road network system, including expenditures for transportation planning, right-of-way acquisition, engineering, and construction, and facility planning, land acquisition, site improvements, and necessary off-site improvements. The term does not include routine or periodic maintenance as those terms are defined in subsections 334.03(18) or (23), Florida Statutes (2015). This term also does not include routine resurfacing.

Collector road means a road providing service which is of average traffic volume, trip length, and operating speed. Such a road also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs.

Development order means an order granting a comprehensive plan amendment changing the land use of property or an order granting or granting with conditions an application for a development permit as defined in subsection 163.3164(16), Florida Statutes.

Developer contribution means a feepayer's conveyance of right-of-way or drainage retention areas for, or contribution toward or construction of, off-site road improvements to the major road network system.

Existing land development activity means the most intense use of land since January 1, 1990. In the case of a building that has been vacant since January 1, 1990, the last documented use of the building shall be used. In the case of the Ocala Redevelopment Area, as defined by resolution 88-52 of the City of Ocala Council, the most intensive use of the land since 1965 shall be used. The board may, by resolution, adopt a different period of time for county and municipal community redevelopment areas.

Feepayer shall mean a person who is commencing land development activity covered by this article.

Floor area shall mean the sum of the gross floor area for each of a building's stories, measured from the exterior faces of the structure.

Generation of traffic shall mean the production or attraction of traffic.

Impact generating land development activity means land development activity designed or intended to permit a use of the land which will increase the generation of vehicle-miles of travel for such land development activity.

Land means the earth, water, and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land development activity is any activity which requires the issuance of a building permit.

Major road network system means all principal and minor arterial roads and major and minor collector roads within Marion County, including proposed arterial and collector roads of this type. The major road network system shall also include new roads approved by the board by resolution and those proposed section line roads, required to be dedicated and/or constructed as part of new final development orders, which the county determines to meet collector or arterial road definition. The major road network system shall also include arterial and collector roads shown on the Marion County Comprehensive Plan Future Traffic Circulation Functional Classification Map, or listed in the transportation planning organization's (TPO's) long range transportation plan (LRTP) or the county transportation improvement plan (TIP) or municipal capital improvement plans (CIP) or capital improvement elements.

A mobile home is a structure transportable in one or more sections which is eight (8) feet or more in width and which is built upon an integral chassis and designed to be used as a dwelling unit when connected to the required utilities.

A multifamily residence is a building or portion thereof, used for residential purposes, and which contains two (2) or more separate dwelling units.

Off-site road improvement means a road improvement, which meets the definition of a capital improvement, located outside the boundaries of the parcel proposed for development, which is required in order to serve the development's external trips on the major road network system. Off-site road improvements do not include access improvements.

Person means individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other entity.

Right-of-way means land in which the state, the department of transportation, a county, or a municipality owns the fee or has an easement devoted to or required for use as a transportation facility.

Road shall include highways, streets, sidewalks, bike lanes or paths, alleys, multi-modal facilities associated with road capacity only, and other ways open to travel by the public, including the roadbed, right-of-way, and all culverts, drains, sluices, ditches, water storage areas, drainage retention areas, waterways, embankments, slopes, retaining walls, and bridges necessary for the maintenance of travel.

Road construction district shall have the meaning ascribed to it in section 10-325 of this article.

Road necessary to provide direct access to the development shall mean road improvements and right-of-way dedications for any road or intersection improvement that is not part of the major road network system, and whose function at the time of its construction is primarily to allow access to the development.

A single-family residence is a detached dwelling unit used for single family residential purposes.

Site-related road improvements are road improvements and right-of-way dedications which do not meet the same needs as the impact fee and which are (a) internal, on-site land or facilities required by local regulations, or (b) off-site improvements necessary to provide safe and adequate services to the development. Site-related improvements include, but are not limited to, the following: (1) site driveways and roads; (2) right and left turn lanes leading to those driveways; (3) traffic control measures for those driveways; (4) frontage roads; and (5) road necessary to provide direct access to the development.

Technical study is the periodic methodological study prepared by a qualified consultant in order to determine the amount of impact fees imposed by this article.

(Ord. No. 15-14, § 1, 9-1-2015)