§ 5201. Definitions

As used in this chapter:

(1) “Municipality” means a town, a city, or an incorporated village or an unorganized town or gore.

(2) “Capital project” means:

(A) any physical betterment or improvement including furnishings, machinery, apparatus, or equipment for such physical betterment or improvement;

(B) any preliminary studies and surveys relating to any physical betterment or improvement;

(C) land or rights in land; or

(D) any combination of these.

(3) “Impact fee” means a fee levied as a condition of issuance of a zoning or subdivision permit that will be used to cover any portion of the costs of an existing or planned capital project that will benefit or is attributable to the users of the development or to compensate the municipality for any expenses it incurs as a result of construction. The fee may be levied for recoupment of costs for previously expended capital outlay for a capital project that will benefit the users of the development.

(4) “Offsite mitigation” means permanent protection of land not necessarily adjacent to the development site and which compensates for the impact of the development. (Added 1987, No. 200 (Adj. Sess.), § 37, eff. July 1, 1989.)