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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)
The City may utilize the following means and methods to ensure the payment of impact fees:
A. Interest: Charge interest on any unpaid portions of the impact fee with interest at the highest legally allowable rate and a penalty of five percent (5%) for each thirty (30) day period payment is late;
B. Building Permit Withheld: Withholding the building permit until the impact fee is paid;
C. Utility Service Withheld: Withholding utility services until the impact fee is paid; or
D. Lien: Creation of a lien for failure to pay the impact fee following the procedures set forth in Idaho Code title 45, chapter 5. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
A fee payer shall receive credit or reimbursement for the present value of any system improvement, the value of dedication of real property to the City, or other contribution required by the City from the developer for system improvements of the category for which the impact fee is being collected, including system improvements paid for pursuant to a local improvement district.
A. Limitations: All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this chapter:
1. No offset or credit shall be given for the dedication or construction of project improvements or site related facilities.
2. A fee payer shall not receive an offset or credit in excess of that amount to be collected from the assessed impact fee.
3. The unit costs used to calculate the offsets or credits shall not exceed those assumed for the capital improvements included in the CIP(s) for the category of facility within the service area for which the impact fee is imposed.
4. An offset or credit shall lapse ten (10) years after receipt of the first building permit issued after the effective date of this chapter or within such period as may be otherwise agreed to by written agreement.
5. The City will not reimburse the property owner or fee payer for an offset or credit when no impact fees for the new development can be collected pursuant to this chapter or for any amount exceeding the total impact fees due for the new development for the category of capital improvement.
6. The amount of any offset or credit shall not include the amount attributable to participation by the City in the development.
B. Application: An offset or credit associated with a plat shall be applied to an impact fee at the time of application for the first building permit for the subject property and will continue to be applied until the offset or credit is exhausted for that development. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
A. Claim Of Exemption: A fee payer shall claim an exempt development activity upon application for a building permit.
B. Activities Specified: The following development activities are exempt from the payment of impact fees:
1. Construction of publicly owned buildings or structures, which are solely for governmental purposes, unless the City determines that the development activity will create an extraordinary burden on public facilities owned or operated by the City;
2. Rebuilding or replacing a structure destroyed or damaged by fire or other catastrophe, with a new structure which does not increase the impact over that attributable to the destroyed or damaged structure; provided, that the structure is rebuilt and ready for occupancy within two (2) years of its destruction;
3. The remodel or repair of a structure that does not increase the number of service units;
4. Replacing an existing use on the same site, provided the number of units does not increase;
5. Placing a temporary construction trailer or office on a site;
6. Alteration or expansion of an existing dwelling unit where that alteration or expansion does not increase the number of service units;
7. Construction of accessory buildings or structures typical to residential uses, such as tennis courts or clubhouses, which will not result in an increase in the number of service units or the fee payer can demonstrate that the use does not create a significant impact on the capacity of system improvements. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
Developments that provide affordable housing may be entitled to an impact fee exemption. Applicants seeking this exemption shall make such request by written application. Each application shall be evaluated pursuant to the Idaho Development Impact Fee Act, any amendments thereto, and other criteria established by the city, and be approved by the Impact Fee Administrator.
Affordability of the designated percentage of the development shall be ensured through covenants or deed restrictions at the discretion of the city in consultation with the city attorney.
The exempt development's proportionate share of system improvements shall be funded through a revenue source other than development impact fees. (Ord. 43-16, 12-13-2016, eff. 1-1-2017; amd. Ord. 5-21, 3-9-2021)
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