Loading...
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)