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Prior to assessing new or amended impact fees, the City shall prepare and adopt an updated CIP for each category of capital improvements.
A. Surcharge: There shall be a nonrefundable surcharge of one percent (1%) of the assessed impact fee for the cost of preparing or updating the CIP(s) which is attributable to determining the associated impact fee. This surcharge is not an impact fee and cannot be reduced by any credits.
B. Preparation By Qualified Professions: The CIP shall be prepared by qualified professions in fields relating to finance, engineering, planning, and transportation in consultation with the Development Impact Fee Advisory Committee.
C. Amending Schedules: Schedules may be amended without revised land use assumptions and CIP(s) at any time prior to the required update provided in subsection B of this section; provided, that they are amended according to changes in construction costs from an approved index.
D. CIP For Each Category: The City shall prepare a CIP for each category of necessary public facility for which an impact fee will be charged that evaluates the need for capital facilities for new development in accordance with Idaho Code section 67-8208.
E. Number Adopted: More than one CIP and associated impact fee study may be adopted, so long as no more than one of each is effective for each category of necessary public facility at any one time. Multiple categories of necessary public facilities may be included in a single CIP and its associated impact fee study.
F. Reservation Of Capacity: The City may reserve capacity in a CIP to serve one or more planned future developments, including capacity reserved through a development agreement. All reservations of existing capacity must be disclosed in the CIP at the time it is adopted.
G. Summary: The impact fee study shall summarize the contents of the CIP(s), and provide the following information:
1. Maps of the proposed service area(s) within which an impact fee is to be assessed.
2. The number of existing and projected equivalent dwelling units for each service area, based upon the land use assumptions.
3. Information regarding all necessary public facilities for which impact fees are to be assessed.
4. Schedules of the proposed impact fees for each necessary public facility, for each service area, on a per equivalent dwelling unit basis, including details of other revenue to be applied. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
A. Application: A developer may request a written certification of the impact fee schedule or individual assessment which shall establish the impact fee for a particular development, so long as there is no material change to the particular development as identified in the individual assessment application or the impact fee schedule the certification shall be binding. A certification may be applied for in the following manner:
1. Written application may be made to the Impact Fee Administrator not later than sixty (60) days from preliminary plat approval by the City Council. Late applications for certification of the impact fee schedule shall not be considered unless the fee payer makes a showing that the facts supporting such application were not known or discoverable within such sixty (60) day period and that undue hardship would result if the application is not considered.
B. Written Certification: The Impact Fee Administrator shall provide the applicant with a written certification of the impact fee schedule or individual assessment for the particular project within thirty (30) days of the date of application for certification. The certification shall establish the impact fee for the particular project for a period of one year from the date of certification, so long as there is no material change to the particular project as identified in the individual assessment application or the impact fee schedule. The certification shall include an explanation of the factors considered under section 9-2-5 of this chapter, and shall specify the system improvement(s) for which the impact fee is intended to be used. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
Nothing in this chapter shall limit or modify the rights of any person to complete any development for which a lawful building permit was issued prior to the effective date of this chapter and on which there has been good faith reliance and a substantial change of position. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
A. Construction By Developer: The City shall not require a developer to construct reasonable project improvements in conjunction with a development project.
B. Private Agreements: Nothing in this chapter shall prevent or prohibit private agreements between property owners or developers and the City in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer, including inter-project transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one development project.
C. Extraordinary Impact: The City shall not be obligated to approve development which results in extraordinary impact.
D. Reduction In Level Of Service: The City shall not be obligated to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels as established herein.
E. Orderly Development: This chapter does not create any additional right to develop real property or diminish the power of the City in regulating the orderly development of real property within the service area.
F. Eminent Domain: Nothing in this chapter shall limit the use by the City of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)