A. A Participating Fire Protection District may make an initial determination that Development may impose an Extraordinary Impact due to a review of a development application transmitted by the County to a Participating Fire District pursuant to the County's zoning authority under the Local Land Use Planning Act, chapter 65, title 67, Idaho Code.
B. Process:
1. Within thirty (30) days after Fire District Administrator's receipt from the County of the development application, the Fire District Administrator will notify the Fee Payer and the County of the Fire District Administrator's initial determination that the Development may impose an Extraordinary Impact. Such notice shall include that a supplemental study, at the Fee Payer's expense will be required.
2. Within thirty (30) days following the designation of a Development with Extraordinary Impact, the Fire District Administrator shall meet with the Fee Payer to discuss whether the Fee Payer wants to:
a. Pay for the supplemental study necessary to determine the System Improvements Costs related to the proposed Development;
b. Modify the proposal to avoid generating Extraordinary Impact; or
c. Withdraw the application for certification, or Development approval.
3. If the Fee Payer agrees to pay for the supplemental study required to document the proposed Development's proportionate share of System Improvements Costs, then the Participating Fire Protection District and the Fee Payer shall jointly select an individual or organization acceptable to both to perform such study. The Fee Payer shall enter into a written agreement with such individual or organization to pay the costs of such study. Such agreement shall require the supplemental study to be completed within thirty (30) days of such written agreement, unless the Fee Payer agrees to a longer time.
4. Once the study has been completed, the Fee Payer may choose to:
a. Pay the proportionate share of System Improvements Costs documented by the supplemental study; or
b. Modify the proposed Development to reduce such costs; or
c. Withdraw the application. The Fire District Administrator shall notify the County of the Fee Payer's choice within fifteen (15) days of the Fee Payer's decision.
5. If the Fee Payer agrees to pay the System Improvements Costs documented in the supplemental study, that agreement shall be reduced to writing between the Participating Fire Protection District and the Fee Payer prior to review and consideration of any application for any Development approval or Building Permit related to the proposed Development. The Fire District Administrator shall provide a copy of the agreement to the County within fifteen (15) days after the agreement has been signed by both parties.
6. Notwithstanding any agreement by the Fee Payer to pay the proportionate share of System Improvements Costs documented by the supplemental study, nothing in this ordinance shall obligate the County to approve Development that results in an Extraordinary Impact to the Participating Fire Protection District. (Ord. 904, 12-18-2019)
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