§ 23-151. Definitions.

The following definitions shall apply to this division:

Additional benefitted properties means those properties bordering on the north side of SR 50 between Lockhart Road and the abandoned CSX railroad right-of-way, and those properties bordering on the north and south sides of SR 50 between Lockhart Road and Spring Lake Highway, as more fully described on Exhibit A attached to Ordinance 2007-16 and made a part hereof, and which are directly benefitted by the planned area road network identified in the I-75/SR 50 PDD Area Plan.

Board means the Board of County Commissioners for Hernando County, Florida.

Building permit means an official document or official certification which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a residential building or structure or a hotel/motel unit. In the case of a change in use or occupancy of an existing building or structure, the term shall specifically include certificates of occupancy and occupancy permits, as those terms are defined by the county land development regulations. The terms "building permit" and "certificate of occupancy permit" also mean those municipal permits which are equivalent to these county permits, regardless of the names by which they are called within a municipality. Building permits shall include those permits which allow the installation or location of a residential mobile home or recreational vehicle on a site or lot.

Capital costs of educational facilities shall have same meaning as set forth in division 2 of this article.

Capital equipment means equipment with an expected useful life of three (3) years or more.

Capital improvement for parks shall have the same meaning as set forth in division 4 of this article; capital improvement for roads shall have the same meaning as set forth in division 5 of this article. In no event shall capital improvement include maintenance or operating costs.

Compensable right-of-way means that portion of right-of-way transferred to the county in excess of the width required under county collector road design standards. Compensable right-of-way shall be eligible for payment or credit by the county (as to the excess width only) absent a provision in a development agreement or development order to the contrary.

County administrator means the county administrator or the county official he or she may designate to administer the various provisions of this division.

Development agreement means that written agreement entered into between the property owner and the board, pursuant to the county's home rule authority and F.S. Ch. 125, which states those terms and conditions upon which the property owner may develop or use land in furtherance of this division.

Development order means an order adopted by the board approving or approving with conditions a development of regional impact pursuant to F.S. § 380.06.

District parks for purpose of this division means that park or parks that may serve the I-75/SR 50 PDD and may be more particularly identified in the I-75/SR 50 PDD Area Plan and which meet the criteria for a regional district park under the comprehensive plan.

Educational facilities for purposes of this division means the construction of a new school or schools (elementary, middle, K-8, 9-12, or combination) within or in proximity of the I-75/SR 50 PDD which will serve the resident population of the I-75/SR 50 PDD.

Educational facilities impact fee surcharge means that fee over and above the educational facilities impact fees set forth in division 2 this article applicable to all new or expanded residential development occurring within the I-75/SR 50 PDD. The impact fee surcharge shall be stated as a percentage relative to the educational facilities impact fee in effect at the time a building permit is requested.

Expanded overlay district means that area of land encompassed by the overlay district defined herein together with that area of land encompassed by the additional benefitted properties.

Feepayer means a person commencing a land development activity by applying a building permit or certificate of use for a type of land development activity specified in this article, regardless of whether the feepayer owns the land which is to be developed.

HCSD means the Hernando County School District.

I-75/SR 50 PDD Area Plan means that plan and accompanying regulations for the I-75/SR 50 PDD and the adjoining SR 50 corridor which has been duly adopted by the board.

Neighborhood community parks for purposes of this division means that park or parks located within the I-75/SR 50 PDD intended to serve the residents of the community or communities in which the park or parks are located and developed in accordance with the document entitled Typical Neighborhood Community Park Standards , as such standards have been approved by the board.

Overlay district means that area of land lying within, and synonymous with, the boundaries of the I-75/SR 50 PDD as depicted and mapped in the future land use map of the comprehensive plan existing as of the adoption date of this ordinance, together with any land that is thereafter added to the I-75/SR 50 PDD through the comprehensive plan and FLUM amendment process, and which is subject to this entire division.

Parks impact fee surcharge means that fee over and above the parks impact fees set forth in division 4 this article applicable to new development occurring within the I-75/SR 50 PDD. The parks impact fee surcharge shall be stated as a percentage relative to the parks impact fee in effect at the time a building permit is requested.

Pipeline advance means the up-front funds in cash advanced by the property owner to the county and/or the HCSD to accelerate the construction or expansion of schools, parks, roads or other public capital facilities and which advance of such funds was in furtherance of the property owner's obligations under a development agreement, development order, land development regulation, or this division. A pipeline advance is intended to occur early in the development process unless some other provision is made within a development agreement or development order. Pipeline advances shall be eligible for credit as provided for in this division.

Pipeline donation means that land (excluding required right-of-way) transferred to the county and/or HCSD by the property owner for use as a school, park, public capital facility or compensable right-of-way and the transfer of such land was pursuant to the property owner's obligations under a development agreement, development order, land development regulation, or this division. A pipeline donation is intended to occur early in the development process unless some other provision is made within a development agreement or development order. Pipeline donations shall be eligible for credit as provided for in this division.

Pipeline improvement means that construction undertaken by or on behalf of the property owner related to the construction of a new or expanded public infrastructure or facility within or in proximity to the I-75/SR 50 PDD (as identified by the county or HCSD, respectively, or in the I-75/SR 50 PDD Area Plan) and the construction of such improvement has been agreed to by the property owner pursuant to the property owner's obligations under a development agreement, development order, land development regulation, or this division. A pipeline improvement is intended to occur early in the development process unless some other provision is made within a development agreement or development order. Pipeline improvements shall be eligible for credit as provided for in this division.

Property owner means a person owning property within I-75/SR 50 PDD for purposes of this division or owning property within the additional benefitted properties for purposes of the road impact fee surcharge provision of this division.

Public capital facilities impact fee surcharge means that fee over and above the public capital facilities impact fees (for each category, i.e. library, buildings, and law enforcement) set forth in division 3 this article applicable to all new or expanded development occurring within the I-75/SR 50 PDD. The impact fee surcharge shall be stated as a percentage relative to the public capital facilities impact fee in effect at the time a building permit is requested.

Required right-of-way means that land within the expanded overlay district needed by the county or the state for right-of-way for those roads comprising the road network and shall be calculated at such width based on county collector road design standards. Required right-of-way shall be donated by the property owner to the county without cost or credit absent a provision in a development agreement or development order to the contrary.

Road network means all roads, roadway segments, links and intersections identified in the I-75/SR 50 Area Plan and including, without limitation, SR 50 (between Lockhart Road and the CSX railroad right-of-way lying east of Kettering Road), Lockhart Road (between SR 50 and Powerline Road), Powerline Road (between Lockhart Road and the aforesaid railroad right-of-way), Kettering Road (between Powerline Road and SR 50), Dashbach Street, Sunrise Parkway, Parallel Collector Road (to SR 50), Spine Road, Church Road, and those roadway segments which are necessary to provide connectivity to the foregoing roadways.

Roads impact fee surcharge means that fee over and above the roads impact fees set forth in division 5 this article applicable to all new or expanded development occurring within the expanded overlay district. The roads impact fee surcharge shall be stated as a percentage relative to the roads impact fee in effect at the time a building permit is requested.

Site-related improvement means an improvement related to the specific site or development and includes, without limitation, internal roadways within the development or frontage roads that are not part of the road network (defined herein), internal sidewalks, entrance features, and lane and access improvements at the entrance.

Total impact fee surcharge means the total amount of money that would be collected by the county, for itself or on behalf of the HCSD, based upon present impact fee surcharge rates under this division ( i.e. those rates in effect at the time this calculation is made) assuming complete build-out of the proposed development.

(Ord. No. 2007-16, § 1, 9-12-07)