Article 13.3 - Definitions

The words, terms, and phrases used in this Article shall have the meanings set forth in Article 12.2

of the Huntersville Zoning Ordinance, except as set forth below.

Adequate Public Facilities (APF) Allocation - a reservation of Capacity made by the Administrator upon a Determination of Adequacy.

Adequate Public Facilities (APF) Application - an application for a Determination of Adequacy of Public Facilities.

Adequate Public Facilities (APF) Schedule - a schedule maintained by the Administrator that tracks the capacity of Public Facilities.

Administrator - the Huntersville Zoning Administrator or the Zoning Administrator’s designee.

Advanced Facility - a Capital Improvement proposed to be constructed, dedicated, or funded by an applicant pursuant to an approved Mitigation Plan.

Capacity - the demand that can be accommodated by a Public Facility.

Capacity, Allocated - Capacity reserved pursuant to an unexpired APF Allocation made under this Article.

Capacity, Available - the circumstance where Public Facilities have sufficient Capacity, based on adopted Levels of Service standards, to accommodate the demand created by a Proposed Development, including where an applicant has provided Advanced Facilities sufficient to mitigate the impacts of the Proposed Development on Public Facilities.

Capacity, Committed - Capacity consumed by development approved prior to the effective date of this Article and not subject to the requirements of this Article.

Capacity, Reserved - Capacity reserved for a specified development or use, other than those set aside pursuant to an APF Allocation, including developments proposed after the effective date of this Article, which impact Public Facilities, but which are exempt from the requirements of this Article.

Capacity, Used - capacity dedicated to habitable structures and existing land uses, served by the Public Facility at the time of the APF Determination.

Capital Improvements - a physical asset, including land, that mitigates the offsite impacts of new development on Public Facilities, the costs of which generally are non-recurring, may require multi-year financing, and provide additional capacity needed to accommodate the demand for Public Facilities.

Capital Improvements, Existing - Capital Improvements either constructed and operational at the time of an APF Application or the portion of a Capital Improvement which was designed to serve existing residents and employees as of the effective date of this Article.

Capital Improvements, Planned - Capital Improvements included on a CIP and expected to be available by the end of the third fiscal year following the date of the APF Application.

Capital Improvements, Total - Existing Capital Improvements and Planned Capital Improvements.

Capital Improvements Program or “CIP” - plans and budgets adopted by the Town, or service provider of a particular public facility, which itemize planned Capital Improvements and the timing and means of funding such improvements.

Determination of Adequacy - a determination by the Administrator, after consultation with the responsible agency or Town department, that each Public Facility impacted by a Proposed Development has Available Capacity, which determination may be based on an approved Mitigation Plan.

Development Proposal - any of the following applications that specify the amount of proposed floor area and/or number of units or lots, by land use type, and which has not received a Determination of Adequacy:

(a) a special use permit;
(b) any overlay district for which a site specific development plan is required under the provisions of this ordinance;
(c) a conditional zoning district;
(d) a subdivision sketch plan or a preliminary plan when required by the subdivision ordinance;
(e) a final plat when no sketch plan or preliminary plan is required; or
(f) building permit.

Essential Public Services - facilities operated by governmental or quasi-governmental agencies that provide services on behalf of the public, which are critical to the health, safety, and welfare of the public. Essential Public Services may include but are not limited to governmental offices, parks and recreation facilities; public transit facilities; schools; gas, electric, or steam distribution systems; water and sewer services; solid waste systems; communications systems; emergency services; publicly-owned housing; fire protection services; and law enforcement services.

Level of Service (LOS) - an indicator of the extent or degree of service provided by a Public Facility, based upon and related to the operational characteristics of the facility, in comparison to the Capacity of the Public Facility.

Mitigation Plan - a voluntary plan, effectuated through a binding agreement, to ensure the provision of Available Capacity through Advanced Facilities, where Capacity would not otherwise be adequate to support the demand resulting from a Proposed Development.

Phased Development Proposal - a Development Proposal wherein the Proposed Development will be constructed incrementally in a logical time and geographical sequence according to an approved Phasing Schedule.

Phasing Schedule - a schedule that sets forth the timing of the development of a Development Proposal, including, but not limited to, provision of necessary Public Facilities, the number of units, as applicable, and their location on the site.

Proposed Development - development proposed pursuant to a Development Proposal and an APF Application.

Public Facilities - parks and recreation, law enforcement, and fire protection facilities.

Table of Contents

Zoning Ordinance Table of Contents