14.02.020 - DEFINITIONS
A. Adjacent means abutting on public roads, streets, right-of-way or easements in which street system improvements are installed or directly connecting to street system improvements through an interest in real property such as an easement or license. B. Assessment means an equitable pro rata charge to be paid by an owner of property within the assessment reimbursement area for the cost of private construction of public street and/or utility system improvements made pursuant to a public facilities agreement. C. Assessment reimbursement area means that area which includes all parcels of real property adjacent to street system improvements or likely to require connection to or service by utility system improvements constructed by a developer. D. Construction interest means the sum of money to be added to the direct construction cost and reimbursed to the developer for the use of the developer's monies during the construction term. The interest rate shall be 1% above the Federal Reserve Bank prime loan rate published most recently before the date of the Public Facilities Agreement. Interest accrual begins on the date of execution of the Public Facilities Agreement and will continue throughout the construction term. Construction interest shall be computed utilizing the two-thirds rule; i.e., direct cost of construction x construction interest rate divided by 365 x the construction term expressed in days x 0.67 = construction interest. E. Construction term means that period of time between the date of execution of the Public Facilities Agreement and the date of acceptance of the project by the City or the construction completion date as set forth in the Public Facilities Agreement, whichever occurs first. F. Cost of construction is the sum of the direct construction costs incurred to construct the street and/or utility system improvements plus indirect costs which are limited to the city latecomer administrative fee (section .140), construction interest (subsection (9) below), and developer administrative costs (subsection (4) below). "Direct construction costs" include but are not limited to all related design services, engineering, surveying, legal services, bonding costs, environment mitigation, relocation and/or new construction of private utilities as required by the City, (i.e., power, telephone, cable and gas), relocation and/or installation of street lights, relocation and/or installation of signage, acquisition of right of way and/or easements, government agency fees, testing services, inspection, plan review and approval, labor, materials, equipment rental, and contractor and/or subcontractor fees or charges. G. Developer: The individual or entity that contracts with the City for the construction of street and/or utility system improvements, where such improvements are a requirement for development of real property owned by such entity or individual. H. Developer administrative costs means all indirect costs incurred by the developer in the creation and execution of a Public Facilities Agreement and managing the project; such as office supplies, mailings, clerical services, telephone expenses, accounting expenses, project oversight, and the like. Administrative costs shall not exceed 3% of all direct construction costs. I. Developer reimbursement agreement means a written contract between the City and one or more developers providing partial reimbursement for cost of construction of street system improvements and/or utility system improvements to the developer by owners of property who are likely to utilize the improvements and who did not contribute to the original cost of construction. J. Direct Connection means a service connection, to be owned and maintained by the property owner and not the City, from existing or new utility improvements based on the following criteria: 1. Water system direct connections are single and dual water service taps as defined in "Water Distribution System, Bellingham Development Guidelines and Improvement Standards, as currently enacted or as may be hereafter modified; 2. Sewer system direct connections include side sewer (service) connections as defined in "Sanitary Sewer System," Section 5, Bellingham Development Guidelines and Improvement Standards, as currently enacted or as may be hereafter modified; 3. Storm sewer system direct connections are hereby defined as, but not limited to, tight line, down spout, and roof leader service connections to storm sewer mains for the conveyance of site specific storm sewer. K. Public facilities agreement means any agreement entered into by an individual or entity with the City for the purpose of constructing public improvements that are required to be constructed by the City as a prerequisite to the development of real property. L. Street system improvements mean public street and alley improvements made in existing or subsequently dedicated or granted rights of way or easements and any improvements associated therewith including but not limited to such things as acquisition of right-of-way and/or easements, design, engineering, surveying, inspection, grading, paving, installation of curbs, gutters, pedestrian facilities, street lighting, bike lanes, and traffic control devices, relocation and/or construction of private utilities as required by the City, (i.e., power, telephone, cable and gas), relocation and/or construction of street lights, traffic control devices, signage, and other similar improvements. M. Utility system improvements mean public water, sewer and storm drainage system improvements including but not limited to the acquisition of right-of-way and/or easements, design, engineering, surveying, inspection, testing, connection fees, and installation of improvements as required by the City and includes but is not limited to the following: 1. Water system improvements including but not limited to such things as treatment facilities, reservoirs, wells, mains, valves, fire hydrants, telemetry systems, pumping stations, and pressure reducing stations; 2. Sewer system improvements including but not limited to such things as treatment plants, gravity mains, lift stations, force mains, and telemetry systems; 3. Storm sewer system improvements including but not limited to such things as water quality structures and systems, detention and retention facilities, and storm water collection and conveyance facilities. [Ord. 2004-01-003 §2; Ord. 10906 §2, 1997]
