§ 20-31. Definitions.

When used in this article, the following terms shall have the following meanings, unless the context otherwise clearly requires:

Access improvements shall mean improvements designed and constructed to provide safe and adequate ingress and egress from a road impact construction, which include, but are not limited to, rights-of-way, easements, paving of adjacent or connecting roadways, turn lanes, deceleration and acceleration lanes, traffic control devices, signage and markings, and drainage and utilities.

Accessory building or structure shall mean a detached, subordinate building, meeting all property development regulations, the use of which is clearly incidental and related to the use of the principal building or incidental to the previous use to which the vacant land is devoted, and which is located on the same lot as that of the principal building or vacant land use.

Alternative road impact fee shall mean any alternative fee calculated by an applicant and approved by the planning director pursuant to section 20-38.

Applicant shall mean the person who applies for a building permit.

Arterial road shall mean a route providing service which is relatively continuous and of relatively high traffic volume and long average trip length, as more particularly described in F.S. §334.03(1), or its statutory successor in function.

Building shall mean any structure, either temporary or permanent, designed or built for the support, shelter or enclosure of persons, chattels or property of any kind. This term shall include tents, trailers, mobile homes or any vehicles serving in any way the function of a building. The term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a construction and shall not include a mobile home installed on a parcel of land on which there currently is located a dwelling unit if said mobile home is placed there pursuant to a temporary hardship variance approved by the county zoning and adjustment board.

Building permit shall mean an official document or certificate issued by the county, under the authority of ordinance or law, authorizing the construction or siting of any building. "Building permit" shall also include tie-down permits, site plan approvals, or other development orders for those activities, structures, or buildings, such as a mobile home, that do not require a building permit in order to be undertaken.

City street system shall mean the street system of any municipality within the county as defined in F.S. § 334.03(3), or its statutory successor in function.

Collector road shall mean a route providing service which is of relatively moderate average traffic volume and moderately average trip length, as more particularly described in F.S. § 334.03(4), or its statutory successor in function.

Commission shall mean the board of county commissioners of Sumter County, Florida.

Comprehensive plan shall mean the comprehensive plan of the county adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act as contained in F.S. pt. II, ch. 163, or its statutory successor in function.

County shall mean Sumter County, Florida, a political subdivision of the State of Florida.

County attorney shall mean the persons, or law firm appointed by the commission to serve as its attorney or the designee of such person.

County engineer shall mean the person appointed by the commission to serve as its engineer or the designee of such person.

County road system shall mean the road system of the county as defined in F.S. § 334.03(8), or its statutory successor in function, including arterial, collector roads, and local roads, including roads within the state highway system, but shall not include any roads within the city street system.

Designated county road shall mean a road within the county or state highway road system that will add new capacity to the county or state highway road system and which is listed for improvement in the County's adopted capital improvement plan or which the commission resolves to include in the adopted capital improvement plan during the immediately subsequent amendment thereto.

Dwelling unit shall mean a building, or a portion thereof, which is designed for residential occupancy, consisting of one (1) or more rooms which are arranged, designed or used as living quarters for one (1) or more persons. The term shall not include a mobile home installed on a parcel of land on which there currently is located a dwelling unit if said mobile home is placed there pursuant to a temporary hardship variance approved by the county zoning and adjustment board.

Encumbered shall mean monies committed by contract or purchase order in a manner that obligates the county to expend the encumbered amount for the delivery of goods, the completion of services, the conveyance of right-of-way by a vendor, supplier, contractor or owner.

External trip shall mean any trip which either has its origins from or its destination to the road impact construction and which impacts the county road system.

Governmental buildings or facilities shall mean property owned by the United States of America or any agency thereof, a sovereign state or nation, the state or any agency thereof, a county, a special district, a school district (including charter schools), or a municipal corporation.

Impact fee land use category shall mean those categories of land use incorporated in the road impact fee rate schedule adopted and set forth in subsection 20-36(a).

Impact fee study shall mean the study adopted pursuant to section 20-34, as amended and supplemented pursuant to section 20-48.

Local road shall mean a route providing service which is of relatively low average traffic volume and short average trip length, as more particularly described in F.S. § 334.03(14), or its statutory successor in function.

Mixed use road impact construction shall mean a road impact construction in which more than one (1) impact fee land use category is contemplated with each category constituting a separate and identifiable enterprise not subordinate to or dependent on other enterprises within the road impact construction.

New net trip shall mean the average daily external trips, as adjusted by the impact fee study.

Nonprofit corporation shall mean any entity which meets the definition of a private foundation or public charity under Section 26 U.S.C. 509 of the Internal Revenue Code of the United States and has filed the appropriate forms for tax exemption with the Internal Revenue Service and subsequently received written notice of approval of nonprofit status under Section 26 U.S.C. 501(c)(3) of the Internal Revenue Code of the United States.

Off-site improvements shall mean road improvements located outside of the boundaries of a road impact construction which are required by the county in order to serve external trips, but not including access improvements.

Ordinance shall mean this road impact fee ordinance.

Owner shall mean the person holding legal title to the real property containing the road impact construction.

Person shall mean any individual, corporation, governmental agency, business trust, estate, trust, partnership, association, property owners' association, two (2) or more persons having a joint or common interest, governmental agency, or other legal entity.

Planning director shall mean the person appointed by the commission to serve as its director of planning and development within the county or the designee of such person.

Road construction district shall mean the district, as shown in appendix C to the ordinance from which this section derives, that is established by the county in subsection 20-36(c) for the purposes of collection and expenditure of the road impact fees.

Road impact construction shall mean land construction designed or intended to permit a use of the land which will contain more dwelling units, buildings or floor space than the existing use of land, or otherwise to change the use of the land in a manner that increases the generation of vehicular traffic or the number of external trips.

Road impact fee shall mean the road impact fee imposed by the county pursuant to section 20-36, 20-37, or 20-38.

Road impact fee rate shall mean a road impact fee imposed for a particular road impact construction under the applicable impact fee land use category established in the schedules listed in subsection 20-36(a).

Square footage shall mean the gross area measured in feet from the exterior faces of exterior walls or other exterior boundaries of the building, excluding areas within the interior of the building which are utilized for parking.

State highway system shall mean the road system of the state that lies within the county, as defined in F.S. § 334.03(25), or its statutory successor in function.

Trip shall mean a one-way movement of vehicular travel from an origin (one trip end) to a destination (the other trip end). The word trip shall have the meaning which it has in commonly accepted traffic engineering practice.

Trip generation or trip generator rate shall mean the maximum average daily trip generation rates for the applicable trip generation land use category, as adjusted by the impact fee study.

Trip generation land use category shall mean the trip generation land use categories established in Trip Generation, 6th edition, published by the Institute of Transportation Engineers.

(Ord. No. 2009-14, § 1, 7-14-09; Ord. No. 2009-24, § 1.A, 10-13-09)