The following words and terms shall have the following meanings for the purposes of this chapter unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090 or given their usual and customary meaning.
A. “Act” means the Growth Management Act, Chapter 36.70A RCW, as now in existence or as hereafter amended.
B. “Building permit,” for the purposes of this chapter only, means an official document or certification which is issued by the city and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. In the case of increased impacts on fire protection facilities caused by a change in use or occupancy of an existing building or structure, and where no building permit is required, the term “building permit” shall specifically include business registrations.
C. “Capital facilities plan” means the capital facilities plan element of the city’s comprehensive plan adopted pursuant to Chapter 36.70A RCW, and such plan as amended.
D. “City” means the city of Auburn.
E. “Council” means the city council of the city of Auburn.
F. “Department” means the department of planning and development.
G. “Development activity” means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land, that creates additional demand and need for fire protection facilities.
H. “Director” means the director of the department of planning and development or the director’s designee.
I. “Downtown plan area” means the study area as identified and adopted in the City of Auburn Downtown Plan dated May 2001 that is defined by the boundary of the Union Pacific Railroad on the west and State Route 18 on the south. The eastern boundary is defined as F Street Southeast from State Route 18 to East Main Street, East Main Street from F Street Southeast to E Street Southeast, and E Street Northeast from East Main Street to 4th Street Northeast. The northern boundary is defined as 2nd Street Northwest from the Interurban Trail to D Street Northwest, 3rd Street Northwest/Northeast from D Street Northwest to Auburn Avenue, and 4th Street Northeast from Auburn Avenue to E Street Northeast. For the purposes of this chapter, the downtown plan boundary has been slightly modified to avoid bisecting properties.
J. “Dwelling unit” means a building, or portion thereof, designed for residential occupancy consisting of one or more rooms which are arranged, designed or used as living quarters for one family only.
K. “Encumbered” means to reserve, set aside or otherwise earmark the impact fees in order to pay for commitments, contractual obligations or other liabilities incurred for fire protection facilities.
L. “Feepayer” is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity commencing a land development activity which creates the demand for additional fire protection facilities, and which requires the issuance of a building permit. “Feepayer” includes an applicant for an impact fee credit.
M. “Fire protection facilities” means fire trucks and apparatus, and fire stations, and any furnishings and equipment that are used with fire trucks and apparatus or fire stations and which can be capitalized.
N. “Fire protection project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development or users of the project and are not fire protection system improvements. No fire protection improvement or facility included in a capital facilities plan approved by the council shall be considered a fire protection project improvement.
O. “Fire protection system improvements” means fire protection facilities that are included in the city of Auburn’s capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to fire protection project improvements.
P. “Hearing examiner” means the examiner who acts on behalf of the council in considering and applying land use regulatory codes as provided under Chapter 2.46 ACC. Where appropriate, “hearing examiner” also refers to the office of the hearing examiner.
Q. “Impact fee” means a payment of money imposed by the city of Auburn on development activity pursuant to this chapter as a condition of granting development approval in order to pay for the fire protection facilities needed to serve new growth and development.
R. “Impact fee account” or “account” means the account established for the fire protection facilities’ impact fees collected. The account shall be established pursuant to ACC 19.06.090 and comply with the requirements of RCW 82.02.070.
S. “Independent fee calculation” means the fire protection impact calculation prepared by a feepayer to support the assessment of an impact fee other than by the use of the fee schedule.
T. “Interest” means the interest rate earned by local jurisdictions in the State of Washington Local Government Investment Pool, if not otherwise defined.
U. “Owner” means the owner of record of real property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property.
V. “State” means the state of Washington.