§ 22-3. Definitions and rules of construction.

(a)

For the purposes of this chapter, the following terms shall have the following meanings.

Access improvements means improvements necessary to provide safe and adequate ingress and egress and for efficient traffic operations. Access improvements include but are not limited to the following: right-of-way and easements; joint/cross access easements; shared driveways; left and right turn lanes; acceleration and deceleration lanes; traffic control and signal devices, signage, and markings; drainage and utilities; and any road capital facility which does not increase the existing road's capacity.

Benefit district means within the corporate city limits of the City of Crystal River, Florida.

Building permit means that development permit issued by the City of Crystal River prior to initiation of any building or construction activity on a parcel of land.

Capital road facilities includes the transportation planning, preliminary engineering, engineering design studies, land surveys, alignment studies, right-of-way acquisition, engineering, permitting, and construction of all necessary features for any road on the major road system, undertaken to accommodate and which will substantially benefit additional traffic resulting from new impact-generating land development, including but not limited to: construction of new through lanes; construction of new bridges; construction of new drainage facilities in conjunction with new road construction; purchase and installation of traffic signals, including new and upgraded signalization; construction of curbs, gutters, medians and shoulders; relocating utilities to accommodate new road construction; the construction and reconstruction of intersections; the widening of existing roads; acceleration and deceleration lanes; interchanges; traffic control devices; and sidewalks and bicycle lanes. Capital road facilities have a total cost of at least fifty thousand dollars ($50,000.00) and do not include maintenance as defined in Section 334.03(19) or (24), Florida Statutes.

City means the City of Crystal River, Florida.

City council means the governing body of the City of Crystal River, Florida.

City manager means the city manager of the City of Crystal River or his or her designee.

City facilities mean the capital facilities for which impact fees are imposed pursuant to this chapter.

Certificate of occupancy means that development permit issued by the City of Crystal River, after completion of the final inspection for building or construction activity.

Commencement of impact-generating land development occurs upon any of the following events, within the City of Crystal River: approval of a development of regional impact, issuance of any permit to authorize building or construction of any kind on the property, or issuance of any certificate of occupancy.

Existing impact-generating land development means the most intense use of land within the twelve (12) months prior to the time of commencement of impact-generating land development.

Expansion of the capacity of a road includes any widening, intersection improvement or other capital improvement which results in an increase of the existing road's capacity.

Fee payer means a person commencing impact-generating land development who is obligated to pay an impact fee in accordance with the terms of this chapter.

Impact-generating land development is land development designed or intended to permit a use of the land which will contain more dwelling units or floor space than the then existing use of the land or the making of any material change in the use of any structure or land in a manner that increases the generation of vehicular traffic or the demand on city facilities. The type of proposed impact-generating land development shall be based on the proposed use of the land.

Land shall have the same meaning as set forth in F.S. § 380.031(7).

Major road system means all existing and planned state, county, and city arterials and major collector roads within the city.

Mixed use shall mean a mix of more than one land use category.

Off-site roadway improvement means a road improvement located outside of the boundaries of the parcel proposed for a development site, or an arterial or major collector road located within the development site, which is required by the city in order to serve the development's external trips. The term "off-site roadway improvement" shall not include any access improvement.

On-site roadway improvement means a road improvement located within the boundaries of the parcel proposed for a development site which provides direct access (turn lane, taper, signalization, etc.) to the development site.

Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other entity.

Road shall have the same meaning as set forth in F.S. § 334.03(23).

(b)

For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply.

(1)

All provisions, terms, phrases and expressions contained in this chapter shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. Terms used in this chapter, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms.

(2)

In case of any difference of meaning or implication between the text of this section and any figure, the text shall control.

(3)

All references to state law in this section refers to the Florida Statutes, as amended.

(4)

Periods of time defined by a number of days shall mean a number of consecutive calendar days, including all weekend days, holidays, and other business days; however, if the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded.

(5)

Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or some other officer or employee to designate, delegate and authorize professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(6)

Words importing the masculine gender shall be construed to include the feminine and neuter.

(7)

The word "month" shall mean a calendar month.

(8)

Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(9)

A word importing the singular number only, may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing.

(10)

The word "shall" is mandatory; and "may" is permissive.

(11)

Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary.

(12)

The term "written" or "in writing" shall be construed to include any representation of words, letters or figures whether by printing or otherwise.

(13)

The word "year" shall mean a calendar year, unless a fiscal year is indicated.

(Ord. No. 08-0-26, § 3, 2-9-2009)