For purposes of this subchapter, the following definitions shall apply:

(1) “Community” means those areas designated as communities in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999;

(2) “Developing area” means an area designated as a developing area in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999;

(3) “Development” means any construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land, any of which creates additional demand and need for public facilities;

(4) “Environmentally sensitive developing area” means an area designated as an environmentally sensitive developing area in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999;

(5) “Impact fee” means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development;

(6) “Proportionate share” means that portion of the cost of system improvements that is reasonably related to the service demands and needs of the project;

(7) “Rural area” means an area designated as a rural area in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999;

(8) “State public facilities” means:

a. Roads, streets and bridges, including rights of way, traffic signals, landscaping and any local components of state or federal highways;

b. Transit facilities;

c. State-provided police service;

d. State-provided emergency services; and

e. Schools.

(9) “System improvement costs” means costs incurred to provide additional state public facilities capacity needed to serve new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, including the cost of constructing or reconstructing system improvements or facility expansions;

(10) “System improvements” means capital improvements that are public facilities and are designed to provide service to the community at large.

73 Del. Laws, c. 185, § 1; 78 Del. Laws, c. 92, § 36.