A. “Applicant” means a person who applies for a building permit under the LMC and who is the owner of the subject property or the authorized agent of the property owner.

B. “Building permit” means an official document or certification which is issued by the city and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure.

C. “Capital facilities plan” means the capital facilities element of the city’s comprehensive plan adopted pursuant to Chapter 36.70A RCW and such plan as amended.

D. “City” means the city of Lynnwood.

E. “Council” means the city council of the city.

F. “Department” means the city’s department of parks, recreation and cultural arts.

G. “Development activity” means any construction, alteration, expansion, or replacement of a building, structure, or use, any change in use of a building or structure, that creates additional demand for public facilities. Development activity does not include buildings or structures constructed by a regional transit authority.

H. “Development approval” means any written authorization from the city which authorizes the commencement of a development activity.

I. “Director” means the director of the department of parks, recreation and cultural arts of the city of Lynnwood or her/his designee.

J. “Dwelling unit” shall have the same meaning as set forth by Chapter 21.02 LMC.

K. “Encumber/encumbered” means to reserve, set aside, or otherwise earmark the PIFs in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities.

L. “Fee schedule” means the list of PIF rates per land use category and adopted by the council and as set forth by Chapter 3.104 LMC.

M. “Hearing examiner” means the hearing examiner operating pursuant to the powers and duties set forth by Chapter 2.22 LMC.

N. “Independent fee calculation” means the parks, open space, and recreation facility impact calculation, and/or economic documentation prepared by an applicant, to support the assessment of a PIF other than by the use of the rates listed in the fee schedule, or the calculations prepared by the director where none of the fee categories or fee amounts in the fee schedule accurately describe or capture the impacts of the development activity on public facilities.

O. “LMC” means the city of Lynnwood Municipal Code.

P. “Park impact fee (PIF)” means a payment of money imposed by the city on development activity pursuant to this chapter as a condition of granting development approval. “Park impact fee” does not include a building permit fee, administrative fee for collecting and handling PIFs, appeal fee, or independent fee calculation review fee.

Q. “Park impact fee account(s)” means the account(s) established for the PIFs that are collected. The account(s) shall be established pursuant to LMC 3.107.120, and shall comply with the requirements of RCW 82.02.070.

R. “Park, open space or recreation facility” means public land and improvements designated by the city as parks and/or recreation facilities, and open space including land preserving natural areas and natural systems with no development or minimal development. For purposes of the rate study, public open space, parks and recreation facilities are collectively referred to as parks.

S. “Project improvements” mean site improvements and facilities that are planned and designed to provide service for a particular development activity and are necessary for the use and convenience of the occupants or users of the project and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement.

T. “Public facilities,” for purposes of this chapter, means the following capital facilities owned or operated by the city or other governmental entities: public parks, open space, and/or recreation facilities.

U. “Rate study” means the study or studies relied upon by the city in establishing the PIF fee schedule, and attached as Exhibit A to the ordinance codified in this chapter.

V. “RCW” means the Revised Code of Washington or, when followed or preceded by a numerical designation, a provision of the Revised Code of Washington.

W. “Square footage” means the square footage of the gross floor area of the development as defined in the LMC.

X. “System improvements” means public facilities that are included in the city of Lynnwood capital facilities plan six-year list, and such plan as amended, and are designed to provide service to service areas within the community at large, in contrast to project improvements. (Ord. 3288 § 3, 2018)