§ 47-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

BCPWD is the Bernalillo County Public Works Division.

Betterment improvements are infrastructure improvements required to correct deficiencies, provide additional capacity, and/or improve existing facilities beyond the petitioner's minimum improvements. Any betterment improvements shall be related to the minimum improvements required to be constructed by the petitioner.

County means Bernalillo County.

Development means any action that increases the use of infrastructure improvements in the public right-of-way, which may include: the division of land; construction, conversion, relocation, or modification of any structure; or any change of use, or extension of the use of land.

Improvements cost is the amount of funds required to construct the infrastructure improvements included in the pro rata agreement. Improvements costs may also include costs borne by the petitioner for bonds, permits, county development, construction, and administrative fees, and finance charges.

Infrastructure improvements are physical structures within a public right-of-way or legally dedicated easement necessary for the beneficial use of a property. These include, but are not limited to, roadways, sidewalks, signage, shoulders, ditches, culverts, curbs, gutters, landscaping, and/or other improvements deemed appropriate by BCPWD.

Minimum improvements are infrastructure improvements that are necessary to serve the petitioner's proposed development, as required by the latest design guidelines from the BCPWD. These improvements may, or may not, accommodate the reasonable projected buildout of the pro rata service area.

Off-site parcels are all parcels of land within the pro rata service area that are beyond the boundaries of the petitioner's parcel(s) of land.

Petitioner is any person, corporation, organization, or other legal entity, including a government department or agency, who is requesting reimbursement under a pro rata agreement for the construction of minimum and/or betterment improvements.

Pro rata means proportional, and may refer to the pro rata share required by a subsequent development.

Pro rata agreement is an agreement between the petitioner and the county as described in this chapter.

Pro rata improvements are the minimum required and betterment infrastructure improvements included in the pro rata agreement for construction by the petitioner.

Pro rata percentage is the proportionate demand each subsequent development will have upon the infrastructure improvements constructed by the petitioner. Said proportionate demand is expressed as the ratio of the demand of the individual subsequent development to that of the total expected demand of all parcels within the pro rata service area, as specified in section 47-12.

Pro rata service area is the geographic area designated by the county engineer or designee that establishes the parcels and/or portions of parcels of land to be served or intended to be served by the infrastructure improvements installed by the petitioner.

Pro rata share is the cost of the pro rata infrastructure improvements that are apportioned to an individual parcel. The pro rata share is to be determined by applying the pro rata percentage for a parcel by the final improvements cost defined by the procedures in this chapter. A parcel may have multiple pro rata share obligations.

Subsequent developer is any person, corporation, organization, or other legal entity, including a government department or agency, constructing or creating a development within a pro rata service area after infrastructure improvements are installed by the petitioner.

Words not defined herein but which are defined in the county zoning code are to be construed as defined therein.

(Ord. No. 2018-34, 12-11-18)