§ 17-36. General definitions.

As used in this division, the following terms shall have the following meanings unless the context hereof otherwise requires:

2015 consultants means Keith and Schnars, P.A., NUE Urban Concepts, LLC, and Fishkind and Associates, Inc.

2016 consultant means Vanasse Hangen Brustlin, Inc.

2016 supplemental mobility fee study means the study prepared by the 2016 consultant, adopted pursuant to section 17-40(c) hereof and attached as appendix C to Ordinance No. 2016-47, which supports incorporating a new category/land use type for corporate headquarters.

2017 consultant means HNTB Corporation, Inc.

2017 supplemental mobility fee study means the analysis completed by the 2017 consultant, adopted pursuant to section 17-40(d) hereof and attached as appendix A to Ordinance No. 2018-7, that revises the mobility fee schedule based on increases in construction costs that have occurred since the mobility fee code was enacted and supports annual changes to the mobility fees by ways of indexing.

Administration fee means the fee for administration and implementation of mobility fees approved pursuant to section 17-40 hereof.

Administration fee analysis means the administration fee calculation method adopted pursuant to section 17-40 hereof and attached as appendix B to the ordinance from which this division is derived.

Administrative procedures manual means the administrative procedures manual for mobility fees prepared and approved pursuant to section 17-44 hereof, as the same may be amended and supplemented from time to time.

Alternative mobility fee means any alternative mobility fee calculated in an independent mobility fee study approved by the county manager pursuant to section 17-44 hereof.

Applicant means the applicant for a building permit or tenant occupancy permit for a development.

Board means the Osceola County board of county commissioners.

Building permit means an official document or certificate issued by the county authorizing (a) the construction of any structure, (b) the expansion of any structure, or (c) commercial alterations which change the use to a category with, a greater mobility fee, as set forth in the mobility fee schedule. The term building permit shall also include tie-down permits for those structures that do not require a building permit, such as a mobile home, in order to be occupied.

Capital expenses shall consist of the following expenditures for transportation facilities and associated stormwater management areas:

(1)

The repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness then outstanding;

(2)

Reasonable administrative and overhead expenses necessary or incidental to expanding and improving the transportation facilities;

(3)

Expenses of planning, corridor and alternatives analysis, route studies and pond siting analysis reports, soil borings, tests, surveys, construction plans, and legal and other professional advice or financial analysis relating to transportation facilities, including the reimbursement of the county for such expenses incurred before the transportation facilities were approved and adopted into the capital improvement plan;

(4)

The acquisition of right-of-way and easements for the transportation facilities, including the costs incurred in connection with the exercise of eminent domain;

(5)

The clearance and preparation of any transportation facility site, including the demolition of structures on the site and relocation of utilities;

(6)

Floodplain compensation and wetland mitigation;

(7)

All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation notes, or other forms of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness; and

(8)

Costs of design and construction, including mobilization, maintenance of traffic during construction and CEI (construction engineering and inspection) services.

Certificate of occupancy means an official document or certificate issued by the county, under the authority of ordinance or law, authorizing the occupancy and use of a structure for its intended purpose. The term "certificate of occupancy" shall also include a temporary certificate of occupancy and tie-down permits or final inspection sign-off for those structures that do not require certificate of occupancy.

County means Osceola County, a charter county and political subdivision of the State of Florida.

County manager means the chief executive officer of the county or such person's designee.

Development means the execution of any building activity or any material change in the use of a structure or property that requires issuance of a building permit or tenant occupancy permit and attracts or produces vehicular or person trips over and above that produced by the existing use of the structure or property.

FDOT means the State of Florida Department of Transportation.

FHWA means the Federal Highway Administration, a division of the United States Department of Transportation.

Fiscal year means that period commencing October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the county.

Independent mobility fee study means a study conducted pursuant to section 17-44 hereof to calculate the mobility fee for a particular development.

Mixed-use development means development meeting the development standards established in the future land use element of the county's comprehensive plan for the Celebration (CEL) or Harmony (HAR) policies, or meeting the development standards established for mixed use development in the county's land development code or other development process approved by the county manager as established in the Mixed Use (MX) policies of the future land use element of the county's comprehensive plan, or meeting the designation for village infill development classification as established in the future land use element of the county's comprehensive plan, or meeting the development standards established in the county's land development code for the Florida Technological Farm Use District (FARM).

Mobility fee means the fee calculated pursuant to section 17-42 hereof, as more particularly set forth in the mobility fee schedule, or the alternative mobility fee calculated pursuant to section 17-44 hereof, in each case reduced by any available mobility fee credit.

Mobility fee credit means the mobility fee credit described in section 17-45 hereof.

Mobility fee districts means those geographic areas within the unincorporated area of the county depicted in Map F of the mobility fee study, that are hereby established pursuant to section 17-49 hereof for the purposes of collecting and expending mobility fees.

Mobility fee funds means the funds created pursuant to section 17-50 hereof.

Mobility fee schedule means the mobility fee rate schedule set forth in table D-4 of the 2017 supplemental mobility fee study.

Mobility fee study means the study adopted pursuant to section 17-40(a) hereof and attached as appendix A to the ordinance from which this article is derived, which supports the imposition of the mobility fee.

Pre-occurring developer contribution means the amount of a cash payment in lieu of construction, cost of construction and/or value of donated right-of-way, including any property donated for county transportation facilities, made during the pre-occurring development period as a condition for approval of a site development plan or other applicable site development permit for an improvement included in the transportation element of the county's comprehensive plan on the date such site development plan or other applicable site development permit was approved.

Pre-occurring development means development occurring during the period beginning on the effective date of Ordinance No. 11-02, establishing a moratorium on road impact fees for nonresidential construction, and Ordinance No. 11-18, establishing a moratorium on road impact fees for residential construction, as applicable, and ending on the effective date of this division.

Right-of-way shall mean land, property, or interest therein, that is necessary to accommodate all of the required elements for and to support the construction and/or improvement of transportation facilities.

Tenant occupancy permit means an official document or certificate issued by the county authorizing a change in use for any structure or property.

Transit-oriented development means development within an approved Station Area Plan boundary as established in the future land use element of the county's comprehensive plan.

Transportation facilities means capital facilities necessary or convenient for the movement of people from one location to another including but not limited to through-lanes, turn-lanes, bridges, curbs, gutters, medians and/or shoulders, drainage facilities and/or mitigation areas, signage, advanced traffic management systems and/or traffic signalization, roundabouts, sidewalks, multi-use paths and trails, bicycle lanes, paved shoulders, bicycle racks, shelters/kiosks, benches, buses, transit stops, bus pullout bays, and park and ride lots.

Transportation operation and maintenance expenses means expenses associated with the operation and maintenance of transportation facilities, including cleaning, repairs, mowing, landscape maintenance, resurfacing that does not expand transportation capacity, and fuel and salary costs for the operation of transit systems.

(Ord. No. 2015-22, § 1, 3-16-15; Ord. No. 2016-47, § 1(A), 6-20-16; Ord. No. 2017-22, § 1, 4-17-17; Ord. No. 2018-7, § 1(A), 1-8-18)