3.14.010 Definitions.
As used in this chapter, the terms defined in this section shall have the defined meanings unless the context requires otherwise. The following definitions shall apply:
A. “The city” means the city of McMinnville.
B. The “council” means the McMinnville city council.
C. “Advance financing Agreement” shall mean the agreement between a developer and the city, which is authorized by the council and executed by the city manager, providing for the installation of, and payment for advance financed public improvements.
D. “Advance financing Reimbursement” means the payment made by an intervening property owner to the city for utilization of an advance financed public improvement.
E. “Advance financing resolution” shall mean a resolution adopted by the council which designates a public improvement as an advance financed public improvement and which contains provisions for an advanced financing agreement between the developer and the city.
F. “Developer” is the city, another municipal corporation, an individual, a partnership, a joint venture, a corporation, or any other entity, without limitation, which bears the expense of construction, purchase or installation of an advance financed public improvement.
G. “Development” is the real property owned by the developer.
H. “Front Footage” shall be the linear footage of a lot or parcel owned by an intervening property owner which is contiguous to an advanced financed public improvement and on which the intervening property owner’s portion of the advance financed reimbursement may be calculated. Front footage shall be the amount shown on the most recent county tax assessor maps for the intervening property or, in the event such information is not available, any other reasonable method established by the community development director for calculating front footage. Front footage excludes the front footage of property owned by the city, including rights-of-way, but includes right-of-way to be dedicated to the public as part of the proposed development.
I. “Intervening property” shall mean the real property contiguous to or served by an advance financed public improvement but not including the development or public rights-of-way.
J. “Owner” means the fee holder of record of the legal title to an intervening property or the purchaser under a recorded land sales contract.
K. “Public improvement” shall mean any construction, reconstruction or upgrading of a public sanitary sewer, storm sewer line, street (including bicycle lanes), sidewalk or undergrounding of public utilities.
L. “Utilize” means to apply for a building/plumbing permit or land division application which will use or potentially increase the use of an advance financed public improvement or to connect to an advance financed public improvement.
“Increase the use” means:
1. For sanitary sewer or storm sewer lines: to make a physical change requiring a building, plumbing or development permit on the intervening property which increases the volume discharge into the line.
2. For public streets: to make a physical change requiring a building or development permit on the intervening property, which increases the trips on the street or creates a new entrance onto the street.
3. For land division application: to apply for land partition, subdivision, lot line adjustment or other action that creates a buildable lot. (Ord. 4730 §1, 2000).