9-2-7: LOCAL PARK IMPACT FEE SERVICE AREAS:

There is hereby established local park impact fee service areas, to include certain land within the City and its designated area of impact, the boundaries of which are depicted by the map below and incorporated by reference herein and as may be amended from time to time. However, local park impact fees collected in the shaded area within North River labeled "Area to Credit to Southeast-Barber Valley" in the map added below shall be credited to Southeast-Barber Valley, despite falling within North River (according to the 2011 Comprehensive Park and Recreation Plan, as amended in 2015).

(Ord. 43-16, 12-13-2016, eff. 1-1-2017; amd. Ord. 8-23, 2-28-2023, eff. 4-10-2023)

9-2-8: FIRE IMPACT FEE SERVICE AREA:

There is hereby established one fire impact fee service area, to include all land within the City, the boundaries of which are depicted by the map below and incorporated by reference herein and as may be amended from time to time.

(Ord. 43-16, 12-13-2016, eff. 1-1-2017)

9-2-9: POLICE IMPACT FEE SERVICE AREA:

There is hereby established one police impact fee service area, to include all land within the City, the boundaries of which are depicted by the map below and incorporated by reference herein and as may be amended from time to time.

(Ord. 43-16, 12-13-2016, eff. 1-1-2017)

9-2-10: LAND USE ASSUMPTIONS:

Land use assumptions used in developing a CIP shall be based on the most recently adopted assumptions by the appropriate land use planning agency or agencies.

   A.   Update: Land use assumptions for the City shall be updated at least every five (5) years commencing from the date of the adoption of the CIP(s). Impact fees shall be recalculated in accordance with Idaho Code section 67-8206.

   B.   Assumptions: Amendment to the land use assumptions shall incorporate projections of changes in land uses, densities, intensities and population for each service area for a period not less than twenty (20) years. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)

9-2-11: DETERMINATION OF SERVICE UNITS:

The number of service units for regional park, local park, fire and police impact fees shall be determined by using the land use and service unit equivalency table(s) adopted by and contained within the currently adopted impact fee study. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)

9-2-12: DEVELOPMENT IMPACT FEES PER SERVICE UNIT:

   A.   Computation: The maximum impact fee per service unit for each service area shall be established by each category of capital improvements. The maximum impact fee per service unit for each service area for each category of capital improvement shall be computed in the following manner:

      1.   For each category of capital improvements, calculate the total projected costs of capital improvements necessitated by and attributable to new development in the service area identified in the impact fee CIP;

      2.   From such amount, subtract a credit in the amount of revenues, if any, including the payment of debt, to be generated by new service units during the period the CIP is in effect, including the payment of debt, associated with the capital improvements in the plan;

      3.   Divide the resultant amount by the total number of service units anticipated within the service area based on land use assumptions for that service area.

   B.   New Development Schedules: The impact fees imposed on new development shall be calculated for each new service unit by using the impact fee per service unit as set forth in schedules A, B, C, and D of this subsection.

   C.   Annual Adjustment: Fees can be updated on an annual basis using an inflation factor.

SCHEDULE A - REGIONAL PARK IMPACT FEES

Proposed Regional Park Impact Fee Schedule

 

Residential Unit By Size (in ft2)	Persons/ Housing Unit	Net Cost/Person	Cost/ Residential Unit
Less than or equal to 700	0.93	$584.79	$543.85
701 - 1,400	1.85	584.79	1,081.86
1,401 - 2,100	2.78	584.79	1,625.72
2,101 - 2,800	3.71	584.79	2,169.57
More than 2,800	4.81	584.79	2,812.84

 

SCHEDULE B - LOCAL PARK IMPACT FEES

Local Park Impact Fee Schedule By Service Area

 

Residential Unit By Size (in ft2)	Persons/ Housing Unit	Central Bench	North River	Southeast/ Barber Valley	South	West Bench
Less than or equal to 700	$ 0.93	$ 701.69	$ 884.04	$ 1,432.67	$ 1,582.55	$ 1,397.14
701 - 1,400	1.85	1,395.83	1,758.57	2,849.94	3,148.09	2,779.26
1,401 - 2,100	2.78	2,097.51	2,642.61	4,282.62	4,730.64	4,176.39
2,101 - 2,800	3.71	2,799.20	3,526.65	5,715.29	6,313.20	5,573.53
More than 2,800	4.81	3,629.15	4,572.29	7,409.85	8,185.03	7,226.06

 

SCHEDULE C - FIRE IMPACT FEES

Fire Impact Fee Schedule

 

Residential Unit By Size (in ft2)	Persons/ Housing Unit	Net Cost/Person	Cost/ Residential Unit
Less than or equal to 700	$0.93	$698.76	$649.85
701 - 1,400	1.85	698.76	1,292.71
1,401 - 2,100	2.78	698.76	1,942.55
2,101 - 2,800	3.71	698.76	2,592.40
More than 2,800	4.81	698.76	3,361.04

 

Fire Impact Fee Schedule (Commercial)

 

Non-Residential by Category	Fire EDU/ 1,000 Sq. Ft.	Net Cost/EDU	Cost/ 1,000 Sq. Ft.
Industrial	0.0681	$1,729.53	$117.78
Retail	1.2448	1,729.53	2,152.92
Office	0.4967	1,729.53	859.06

 

SCHEDULE D - POLICE IMPACT FEES

Police Impact Fee Schedule

 

Residential Unit By Size (in ft2)	Persons/ Housing Unit	Net Cost/Person	Cost/ Residential Unit
Less than or equal to 700	0.93	$182.08	$169.33
701 - 1,400	1.85	182.08	336.85
1,401 - 2,100	2.78	182.08	506.18
2,101 - 2,800	3.71	182.08	675.52
More than 2,800	4.81	182.08	875.80

 

   Police Impact Fee Schedule (Commercial)

 

Non-Residential by Category	Police EDU/ 1,000 Sq. Ft.	Net Cost/EDU	Cost/ 1,000 Sq. Ft.
Industrial	0.3196	$450.69	$144.04
Retail	6.0733	450.69	2,737.18
Office	0.7081	450.69	319.13

 

(Ord. 43-16, 12-13-2016, eff. 1-1-2017; amd. Ord. 29-18, 8-28-2018, eff. 10-1-2018; Ord. 34-19, 8-27-2019; Ord. 25-20, 9-1-2020, eff. 10-1-2020; Ord. 10-22, 3-29-2022, eff. 5-6-2022; Ord. 34-22, 8-23-2022, eff. 10-1-2022; Ord. 8-23, 2-28-2023, eff. 4-10-2023; Ord. 28-23, 8-22-2023, eff. 10-1-2023; Ord. 19-24, 8-27-2024, eff. 10-1-2024)

9-2-13: ASSESSMENT AND PAYMENT OF DEVELOPMENT IMPACT FEES:

   A.   Payment Required: Prior to issuance of a building permit, the fee payer shall pay impact fees, in accordance with this chapter. The Impact Fee Administrator shall rely upon the information contained in the building permit application(s), planning application(s), or other planning entitlement(s) documents associated with the development.

      1.   The fee payers shall pay all impact fees prior to the issuance of a building permit, unless otherwise agreed to in writing by the City and the fee payer. No construction shall commence nor shall the City issue a building permit unless and until the fee payer has satisfied the provisions of this chapter.

      2.   Completed applications for building permits received within sixty (60) days of the effective date of any amendment to this chapter that affects the impact fee calculation, may be exempt from that portion of the amendment. The complete application must include permitted plans signed and sealed by a State licensed engineer or architect, if required, that shows all site work, and complies with all applicable zoning, architectural, structural, electrical, mechanical, plumbing and environmental requirements.

      3.   Applications for building permits filed prior to the effective date of any amendment to this chapter, but which expire or are revoked, shall be subject to the provisions of the most current ordinance in effect at the time of reapplication. In the event that an amendment results in a change in the amount of impact fees charged for a particular category of public facility, the fee payer shall pay the impact fee amount in effect upon the date of his or her reapplication.

      4.   If a building permit expires or is revoked and development or construction does not commence, the owner of record shall be entitled to a refund of previously paid impact fees for that development as set forth by section 9-2-21 of this chapter.

      5.   The owner of record shall not receive a refund for proposed development activity resulting in a negative fee calculation or in cases in which final City approval has not occurred.

   B.   Expansion, Change Of Use: If development results in either the expansion of an existing nonresidential land use, a change from a nonresidential land use type to a different nonresidential land use type, or a change from a residential to nonresidential land use type, then an impact fee shall be assessed only for the additional impact attributable to the expansion, change or more intensive use.

   C.   Removal, Demolish Of Building; Replacement Structure: When a building or structure will be removed or demolished, the fee payer shall pay an impact fee based upon the difference between the fee that would have been paid for the previous structure and the fee for new structure on the site; provided, that the prior structure was removed or demolished not more than ten (10) years prior to the application for a building permit and documentation of its previous existence and size is provided to the Impact Fee Administrator. In all other cases, the replacement structure will be treated as new development.

   D.   Nonconformance With Land Use Category: If the proposed development does not conform to a land use category identified by the most current adopted impact fee study, then the Impact Fee Administrator shall apply the land use category that most closely resembles the proposed use.

   E.   Modular, Manufactured Or Recreational Vehicle: An impact fee will be assessed for installation of a modular building, manufactured home or recreational vehicle unless the fee payer demonstrates:

      1.   A modular building, manufactured home or recreational vehicle legally occupied the site prior to the effective date of this chapter; or

      2.   An impact fee had been paid previously for the installation of a modular building, manufactured home or recreational vehicle on that same site.

Lawful storage of a recreational vehicle does not constitute an installation for purposes of this chapter.

   F.   Extraordinary Impact: If the City Council determines that a proposed development activity would create an extraordinary impact on the City's public facilities system, resulting in the City's inability to accommodate the development without excessive or unscheduled public expenditures, the City Council may refuse to approve the proposed development activity and may recommend to the other affected government agencies that the project not be approved. In the alternative, the City Council may calculate a pro rata share per service unit of the extraordinary impact and charge an impact fee greater than the fee indicated by use of the fee schedule.

   G.   Individual Assessment: An individual assessment of impact fees is permitted when the fee payer demonstrates by clear and convincing evidence that the established impact fee is inappropriate.

      1.   Written application for an individual assessment shall be made to the Impact Fee Administrator prior to receipt of building permits or other necessary approvals or entitlements from the City. The individual assessment process shall consider of studies, data and any other relevant information submitted by the fee payer supporting adjustment of the impact fee. Late applications for individual assessment of impact fees may be considered for a period of sixty (60) days after the receipt of a building permit only if the fee payer demonstrates that the facts supporting the application were not known or discoverable prior to receipt of the building permit and that undue hardship would result if the application is not considered.

      2.   The Impact Fee Administrator shall render a written decision regarding the individual assessment within thirty (30) days of receipt of the application. The decision by the Impact Fee Administrator shall include an explanation of the calculation of the impact fee and an explanation of factors considered under Idaho Code section 67-8707, and shall specify the system improvement(s) for which the impact fee is intended to be used. The decision of the Impact Fee Administrator shall establish the impact fee for the development for one year from the date of the final decision. (Ord. 43-16, 12-13-2016, eff. 1-1-2017; amd. Ord. 8-23, 2-28-2023, eff. 4-10-2023)