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(1) This article is enacted pursuant to the city's general police powers pursuant to the authority granted to the city by title 50, Idaho Code, and pursuant to the authority granted to the city by section 67-8201 et seq., Idaho Code.
(2) The provisions of this article shall apply to all of the territory within the limits of the city.
(3) This article is effective May 15, 2007 (the "effective date"), which effective date is at least thirty (30) days subsequent to the passage, approval and publication, according to law, of ordinance 2671, which adopted the provisions hereof.
(4) Applications for building permits received by the city prior to the effective date hereof, or amendments hereto, adopting public safety impact fees or amending or adopting any methodology by which public safety impact fees are calculated, will be exempt from that portion of this article, or amendment enacted after such building permit application, if a valid building permit has been issued or construction has commenced prior to the effective date hereof, or amendment. For building permits that expire or are revoked after the effective date hereof, the fee payor shall be entitled to a refund of previously paid public safety impact fees as provided further in section 10-09-07 of this article, provided that in the case of reapplication for building permit, the public safety impact fee in effect at that time shall be paid.
(5) Notwithstanding any other provision of law, development requirements for system improvements shall be imposed by the city only by way of impact fees imposed pursuant to and in accordance with section 67-8201 et seq., Idaho Code, and this article. (Ord. 2671, 4-3-2007)
(1) The intent of this article is to promote the health, safety and general welfare of the residents of the city.
(2) The intent of this article is to be consistent with those principles for allocating a fair share of the cost of capital improvements to public facilities to serve new growth and development in compliance with the provisions set forth in section 67-8201 et seq., Idaho Code. The provisions of this article shall be interpreted, construed and enforced in accordance with the provisions set forth in section 67-8201 et seq., Idaho Code.
(3) The intent of this article is that impact fees should be charged, collected, and expended for police, fire, and parks and recreation capital improvements to increase the service capacity of such categories of public facilities, which capital improvements are included in approved capital improvements plans that list the capital improvements that may be funded with impact fees.
(4) The intent of this article is to ensure that: public facilities are available to serve new growth and development; new growth and development bears a proportionate share of the cost of police, fire, and parks and recreation capital improvements to such public facilities; to ensure that such proportionate share does not exceed the cost of the capital improvements to such public facilities required to serve new growth and development; and to ensure that the funds collected from new growth and development are used for capital improvements for public facilities that benefit new growth and development.
(5) It is not the intent of this article to collect any monies from new growth and development in excess of the actual amount necessary to offset new demands for capital improvements to public facilities created by such new growth and development.
(6) It is not the intent of this article that the impact fees be used to remedy any deficiency in police, fire, and parks and recreation capital improvements existing on the effective date hereof, or ever be used to replace, rehabilitate, maintain and/or operate any public facilities.
(7) It is not the intent of this article that any monies collected from an impact fee deposited in an impact fee fund ever be commingled with monies from a different fund, or ever be used for capital improvements that are different from those for which the impact fee was paid.
(8) It is not the intent of this article that impact fees be used for:
A. Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plans.
B. Repair, operation or maintenance of existing or new capital improvements.
C. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.
D. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development to provide better service to existing development.
E. Administrative and operating costs of the city unless such costs are attributable to development of the capital improvements plans used to determine impact fees by a surcharge imposed by ordinance on the collection of an impact fee, which surcharge shall not exceed a development's proportionate share of the cost of preparing the capital improvements plans.
F. Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the city to finance capital improvements identified in the capital improvements plans. (Ord. 2671, 4-3-2007)
AFFORDABLE HOUSING: Housing affordable to families whose incomes do not exceed eighty percent (80%) of the median income for the service area.
BUILDING PERMIT: An official document or certificate by that name issued by the city authorizing the construction or siting of any building.
CAPITAL IMPROVEMENTS: Improvements with a useful life of ten (10) years or more, by new construction or other action, which increases the service capacity of a public facility.
CAPITAL IMPROVEMENTS ELEMENT: A component of a comprehensive plan.
CAPITAL IMPROVEMENTS PLAN: A plan adopted pursuant to this article that identifies capital improvements for which impact fees may be used as a funding source.
CITY: The city of Caldwell, Idaho.
CITY COUNCIL: The legislative body of the city of Caldwell, Idaho.
DEVELOPER: Any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to sections 50-1301 through 50-1334, Idaho Code and this code.
DEVELOPMENT: Any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for public facilities or the subdivision of property that would permit any change in the use, character or appearance of land.
DEVELOPMENT APPROVAL: Any written authorization from a governmental entity which authorizes the commencement of a development.
DEVELOPMENT REQUIREMENT: A requirement attached to a development approval or other governmental action approving or authorizing a particular development including, without limitation, a rezoning, which development requirement compels the payment, dedication or contribution of goods, services, land and/or money as a condition of approval.
DWELLING UNIT: A building or portion of a building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living and/or sleeping quarters for one or more persons. Dwelling unit includes a multi-family building, a mobile home, a manufactured home, a modular building and/or a motel/hotel/rooming house.
EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact.
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the city to: result in the need for police, fire, and parks and/or recreation system improvements, the cost of which will significantly exceed the sum of the impact fees to be generated from the project; or result in the need for police, fire, parks and recreation system improvements that are not identified in the capital improvements plans.
FEE ADMINISTRATOR: The official appointed by the mayor with the city council approval to administer this article.
FEE PAYOR: A person who pays or is required to pay an impact fee or the fee payor's successor in interest.
FIRE IMPACT FEES: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of fire improvements needed to serve development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development.
GOVERNMENTAL ENTITY: Any unit of local government that is empowered by section 67-8201 et seq., Idaho Code, to adopt an impact fee ordinance.
IMPACT FEE: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development.
IMPACT FEE STUDY: Collectively, the documents entitled the "Parks And Recreation Impact Fee Analysis, City Of Caldwell", dated July 12, 2004, and the "City Of Caldwell Impact Fee Study And Capital Improvements Plan", dated January 16, 2007, prepared by BBC Research & Consulting for the city.
LAND USE ASSUMPTIONS: A description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a twenty (20) year period.
LEVEL OF SERVICE: A measure of the relationship between service capacity and service demand for public facilities.
MANUFACTURED HOME: A structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight feet (8') or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 USC 5401 et seq.
MODULAR BUILDING: Any building or building component, other than a manufactured home, which is constructed according to standards contained in the building code, as adopted by the city or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.
MULTI-FAMILY: A building or portion thereof, containing two (2) or more dwelling units, excluding attached single-family townhouse units located on individual lots.
OWNER: The person holding legal title to real property, including the local, state or federal government or any subdivision thereof.
PARKS AND RECREATION IMPACT FEE: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of parks and recreation improvements needed to serve development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development.
PERSON: An individual, corporation, governmental agency, business trust, estate, partnership, association, two (2) or more persons having a joint or common interest, or any other entity.
POLICE IMPACT FEES: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of police improvements needed to serve the development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development.
PRESENT VALUE: The total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction or money.
PROJECT: A particular development on an identified parcel of land.
PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to provide service for a project and that are necessary for the use and convenience of the occupants or users of the project.
PROPORTIONATE SHARE: That portion of the cost of system improvements determined pursuant to section 67-8207, Idaho Code, and section 10-09-05 of this article, which reasonably relates to the service demands for public facilities of a project.
PUBLIC FACILITY(IES): (1) Parks, open space and recreation areas, and related capital improvements; and
(2) Public safety facilities, including law enforcement and fire facilities.
SERVICE AREA: The territory within the limits of the city.
SUCCESSOR IN INTEREST: A person who gains legal title in real property for which an impact fee is paid or a credit is approved pursuant to the terms of this article.
SYSTEM IMPROVEMENT COSTS: Costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable thereto, and also including, without limitation, the type of costs described in section 50-1702(h), Idaho Code, to provide additional public facilities needed to serve new growth and development. For clarification, system improvement costs do not include:
(1) Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plans;
(2) Repair, operation or maintenance of existing or new capital improvements;
(3) Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
(4) Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;
(5) Administrative and operating costs of the governmental entity unless such costs are attributable to development of the capital improvements plans, as provided in section 67-8208, Idaho Code; or
(6) Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the governmental entity to finance capital improvements identified in the capital improvements plans.
SYSTEM IMPROVEMENTS: In contrast to project improvements, means capital improvements to public facilities that are designed to provide service to a service area including, without limitation, the type of improvements the city has the authority to make as described in section 50-1703, Idaho Code. (Ord. 2671, 4-3-2007)
(1) Any application for a building permit enabling the construction, and in the case of construction that does not require a building permit, any building that takes place on or after the effective date of this article shall be subject to the imposition of impact fees in the manner and amount set forth in this article. The methodology adopted for the purpose of determining impact fees shall be based upon the assumptions set forth in the impact fee study.
(2) Public safety impact fees shall be required as a condition of approval of all residential and nonresidential development in the service area for which a building permit is required and shall be payable prior to the issuance of any building permit (or installation permit in the case of a manufactured home) for a dwelling unit or a nonresidential building. Parks and recreation impact fees shall be required as a condition of approval of all residential development in the service area for which a building permit is required and shall be payable prior to the issuance of any building permit (or installation permit in the case of a manufactured home) for a dwelling unit. Except as otherwise provided herein, after the effective date of this article, no building permit shall be issued until the impact fees described in this article have been paid, unless the development for which the permit is sought is exempted by section 10-09-08 of this article or approved credits are used to cover the impact fee, as set forth in section 10-09-09 of this article. The fee administrator shall have the authority to withhold a building permit or stop construction, as the case may be, until the appropriate impact fee has been collected.
(3) A fee payor required by this article to pay an impact fee may choose to have the amount of such impact fee determined pursuant to either the fee schedule or subsections (4) through (6) of this section. If the fee payor chooses to have the amount of such impact fee determined pursuant to subsections (4) through (6) of this section, such impact fee shall be subject to the adjustment described in section 10-09-09 of this article, if applicable. If the project is a mix of those uses listed on the fee schedule, then the impact fees shall be determined by adding up the impact fees that would be payable for each use as if it were a freestanding use pursuant to the fee schedule.
(4) Individual assessment of impact fees is permitted in situations where the fee payor can demonstrate by clear and convincing evidence that the established impact fee is inappropriate for the project. Written application for individual assessment shall be made to the fee administrator at any time prior to receiving building permit(s). 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 payor makes a showing that the facts supporting such application were not known or discoverable prior to receipt of a building permit and that undue hardship would result if said application is not considered. Such independent impact fee calculation study for the fee payor's development shall be prepared at the fee payor's cost by a qualified professional and contain studies, data and other relevant information and be submitted to the fee administrator for review. Any such study shall be based on the same methodology and the same level of service standards, improvements and costs used in the impact fee study, and must document the methodologies and assumptions used. The city may hire a professional consultant to review any independent impact fee calculation study on behalf of the city, and may charge the reasonable costs of such review to the fee payor.
(5) Any independent impact fee calculation study submitted by a fee payor may be accepted, rejected or accepted with modifications by the city as the basis for calculating impact fees. The city shall not be required to accept any study or documentation the city reasonably deems to be inaccurate or unreliable, and shall have the authority to request that the fee payor submit additional or different documentation for consideration in connection with review of any independent impact fee calculation. If such additional or different documentation is accepted or accepted with modifications as a more accurate measure of the impact fees due in connection with fee payor's proposed development than the applicable impact fees set forth in the fee schedule, then the impact fee due under this article shall be calculated according to such documentation.
(6) The fee administrator shall render a written decision establishing the impact fees in connection with the individual assessment within thirty (30) days of the date a complete application is submitted. The decision shall include an explanation of the calculation of the impact fees, shall specify the system improvement(s) for which the impact fees are intended to be used, and shall include an explanation of the following factors considered:
A. The cost of existing system improvements within the service area;
B. The means by which existing system improvements have been financed;
C. The extent to which the new growth and development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions;
D. The extent to which the new growth and development is required to contribute to the cost of existing system improvements in the future;
E. The extent to which the new growth and development should be credited for providing system improvements, without charge to other properties within the service area;
F. Extraordinary costs, if any, incurred in serving the new growth and development;
G. The time and price differential inherent in a fair comparison of impact fees paid at different times; and
H. The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, transfers, and special taxation.
(7) Certification of the impact fee for a project may be applied for in the following manner:
A. Written application may be made to the fee administrator no later than sixty (60) days after development approval by the city council. Late applications for certification of the impact fee will not be considered unless the fee payor makes a showing that the facts supporting such application were not known or discoverable until after the time had run and that undue hardship would result if said application is not considered.
B. The fee administrator shall provide the fee payor with a written impact fee certification for the project within thirty (30) days of the date a complete application is submitted. The certification provided by the fee administrator shall establish the impact fee for the project in question, so long as there is no material change to the project as identified in the certification application or the impact fee schedule. The certification shall include an explanation of factors considered, and shall specify the system improvement(s) for which the impact fee is intended to be used.
The certification shall include an explanation of the calculation of the impact fee, shall specify the system improvement(s) for which the impact fee is intended to be used, and shall include an explanation of the factors considered, which factors are identified in subsection (6) of this section.
(8) Appeals of the fee administrator's determination of an individual assessment or certification shall be made to the city as provided further in this article.
(9) The city recognizes that there may be circumstances where the anticipated fiscal impacts of a proposed development are of such magnitude that the city may be unable to accommodate the development without excessive or unscheduled public expenditures that exceed the amount of the anticipated impact fees from such development. If the city determines that a proposed development would create such an extraordinary impact on the city's police, fire, and/or parks and recreation public facilities, the city may refuse to approve the proposed development. In the alternative, the city may calculate a pro rata share per dwelling unit, or square feet of nonresidential buildings, as applicable, of the extraordinary impact and charge a reasonable extraordinary impact fee that is greater than would ordinarily be charged.
(10) If the city discovers an error in its impact fee formula that results in assessment or payment of more than a proportionate share, city shall, at the time of assessment on a case by case basis, adjust the impact fee to collect no more than a proportionate share or discontinue the collection of any impact fees until the error is corrected by ordinance. (Ord. 2671, 4-3-2007)
(1) After the effective date of this article all fee payors shall pay the impact fees as provided by this article to the fee administrator following application for a building permit and prior to the issuance of any building permit for a dwelling unit, or nonresidential building, as applicable.
(2) All impact fees paid by a fee payor pursuant to this article shall be promptly deposited in the impact fee fund described in section 10-09-07 of this article. (Ord. 2671, 4-3-2007)
(1) There is hereby established a police impact fee fund into which shall be deposited all police impact fees for the purpose of ensuring police impact fees collected pursuant hereto are designated for the accommodation of police capital improvements reasonably necessary to serve new growth and development that paid the impact fee.
(2) There is hereby established a fire impact fee fund into which shall be deposited all fire impact fees for the purpose of ensuring fire impact fees collected pursuant hereto are designated for the accommodation of fire capital improvements reasonably necessary to serve new growth and development that paid the impact fee.
(3) There is hereby established a parks and recreation impact fee fund into which shall be deposited all parks and recreation impact fees for the purpose of ensuring parks and recreation impact fees collected pursuant hereto are designated for the accommodation of parks and recreation capital improvements reasonably necessary to serve new growth and development that paid the impact fee.
(4) Each fund shall be an interest bearing account which shall be accounted for separately from other impact fee funds and from other city funds. Any interest or other income earned on monies deposited in a fund shall be credited to such fund. Expenditures of impact fees shall be made only for the category of system improvements for which the impact fees were collected and as identified in the capital improvements plans.
(5) Except as otherwise provided herein, monies from each fund, including any accrued interest, shall be limited to the financing of acquisition, expansion, and/or improvement of capital improvements, or for principal and interest payments on bonds or other borrowed revenues used to acquire, expand or improve such capital improvements, necessary to serve new growth and development. Impact fees in each fund shall be spent within eight (8) years from the date such impact fees were collected on a first in/first out (FIFO) basis. The city may hold the impact fees longer than the prescribed time period if the city identifies, in writing: a) a reasonable cause why the impact fees should be held longer; and b) an anticipated date by which the impact fees will be expended but in no event longer than eleven (11) years from the date the impact fees were collected.
(6) The fee administrator shall prepare annual reports to be provided to the advisory committee and the city council, which reports shall: a) describe the amount of all impact fees collected, appropriated or spent for system improvements during the preceding year, by category of public facility; and b) describe the percentage of tax and revenues other than impact fees collected, appropriated or spent for system improvements during the preceding year, by category of public facility.
(7) Funds shall be deemed expended when payment of such funds has been approved by the city. The fee payor or successor in interest shall be entitled to a refund of the impact fee if: a) service is available but never provided; b) a building permit or permit for installation of a manufactured home is revoked or abandoned; c) the city, after collecting the impact fee when service is not available, has failed to appropriate and expend the collected impact fees; or d) the fee payor pays an impact fee under protest and a subsequent review of the impact fee paid or the completion of an individual assessment determines that the impact fee paid exceeded the proportionate share to which the city was entitled to receive.
(8) When the right to a refund exists, within ninety (90) days after the city determines that a refund is due, the city shall provide written notice of entitlement to a refund, to the owner of record and the fee payor who paid the impact fees at the address shown on the application for development approval, or to a successor in interest who has notified the city of a transfer of the right or entitlement to a refund and who has provided to the city a mailing address. When the right to a refund exists, the city shall also publish the notice of entitlement to a refund within thirty (30) days after the expiration of the eight (8) year period after the date that the impact fees were collected. Such published notice shall contain the heading "Notice of Entitlement to Impact Fee Refund".
(9) A refund shall include interest at one-half (1/2) the legal rate provided for in section 28-22-104, Idaho Code, from the date on which the impact fee was originally paid.
(10) In order to be eligible for a refund, a fee payor, successor in interest or owner of record shall file a written application for a refund with the fee administrator within six (6) months of the time such refund becomes payable under subsection (5) of this section, or within six (6) months of publication of the notice of entitlement to a refund, whichever is later. If a successor in interest claims a refund of impact fees, the fee administrator may require written documentation that such rights have been transferred to the claimant prior to issuing the requested refund. Refunds shall be paid within sixty (60) days after the date on which the fee administrator determines that a sufficient proof of claim for a refund has been made.
(11) Any person entitled to a refund shall have standing to sue for a refund under the provisions of this article if there has not been a timely payment of a refund as provided herein. (Ord. 2671, 4-3-2007; Ord. 3374, 12-6-2021)
(1) The following types of land development shall be exempted from payment of the impact fees imposed by this article:
A. Rebuilding or replacing a dwelling unit or the same amount of square feet of a nonresidential structure on the same lot and existing on the effective date of this article provided that the rebuilt or replaced dwelling unit or nonresidential structure does not increase the need for police, fire, and parks and recreation public facilities. If such dwelling unit or nonresidential structure was destroyed, such dwelling unit or nonresidential structure must be rebuilt or replaced and ready for occupancy within two (2) years of destruction.
B. Construction of an unoccupied, detached accessory structure, or addition of uses related to a dwelling unit unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements.
C. Remodeling or repairing a dwelling unit or a nonresidential structure in a manner that does not increase the need for police or fire or parks and recreation public facilities.
D. Placing a temporary construction trailer or office on a lot.
(2) An impact fee will be assessed for installation of a modular building or manufactured home unless the fee payor can demonstrate by documentation such as utility bills and tax records, either: a) that a modular building or manufactured home was legally in place on the lot or space prior to the effective date of this article; or b) that an impact fee has been paid previously for the installation of a modular building or manufactured home on that same lot or space.
(3) Developments determined by the city council that provide affordable housing may be exempt from the impact fee requirement, provided that the exempt development's proportionate share of system improvements is funded through a revenue source other than impact fees.
A. Current housing affordability guidelines published by the U.S. department of housing and urban development ("HUD") shall be used to determine whether dwelling units in the development qualify as affordable housing.
B. Affordable housing projects are required to demonstrate that they will provide dwelling units to eligible families based on HUD income and family size guidelines.
C. Providers of affordable housing dwelling units must demonstrate a long term commitment to provide affordable housing for a period of not less than twenty (20) years.
(4) Appeals of the fee administrator's determination shall be made as provided further in this article. (Ord. 2671, 4-3-2007)
(1) No fee payor shall be required to construct, fund or contribute any capital improvement to meet the same need for police, fire, and parks and recreation capital improvements for which an impact fee is imposed. All system improvements constructed, funded or contributed for police, fire, and parks and recreation capital improvements for which an impact fee is imposed, over and above those required by the city in connection with new development, shall result in either a credit on future impact fees or reimbursement (at the fee payor's option) for such excess to be paid by future development that benefits from such system improvements. However, no credit or reimbursement shall be provided for: a) project improvements; b) any construction, funding or contribution not agreed to in writing by the city prior to commencement of such construction, funding or contribution; and c) any construction, funding or contribution of a type of capital improvements not included in the calculation of the applicable impact fee.
(2) In the calculation of impact fees for a project pursuant to subsections 10-09-05(4) through (6) of this article, credit shall be given for the present value of all tax and user fee revenue generated by the fee payor within the service area and used by the city for system improvements of the category for which the impact fee is being collected. If the amount of such credit exceeds the impact fee for a project, the fee payor shall receive a credit on future impact fees.
(3) In the calculation of impact fees for a project, credit or reimbursement (at the fee payor's option) shall be given for the present value of any construction of system improvements or contribution of land or money required by the city from the fee payor for system improvements of the category for which the impact fee is being collected, including system improvements paid for through local improvement district assessments.
(4) If credit or reimbursement is due to the fee payor, the city and fee payor shall enter into a written agreement, negotiated in good faith, prior to the construction, funding or contribution. The written agreement shall include, without limitation: a description of the construction, funding or contribution of system improvements including, in the case of real property, a legal description of the real property; description as to how the system improvements are to be valued; the amount of the credit or the amount, time and form of reimbursement; instructions as to how the capital improvements should be provided to the city to ensure full transfer of ownership; and the circumstances under which the credit or reimbursement is deemed effective. To assist in such reimbursement, the city shall continue to collect impact fees from other developers whose proposed developments will benefit from such construction, funding or contribution, and will promptly transfer such funds to the fee payor. If a successor in interest claims a reimbursement or credit, the fee administrator may require written documentation that such rights have been conveyed to the claimant prior to issuing the requested reimbursement or credit.
(5) Approved credits may be used to reduce the amount of impact fees of the category for which the impact fee is being collected in connection with any new growth and development until the amount of the credit is exhausted. Each time a request to use approved credits is presented to the city, the city shall reduce the amount of the applicable impact fee otherwise due from the fee payor and shall note in the city records the amount of credit remaining, if any. Upon request of the fee payor, the city shall issue a letter stating the amount of credit available. If the credit has not been exhausted within eight (8) years of the date of issuance of the first building permit for which an impact fee was due and payable, or within such other time period as may be designated in writing by the city, such credit shall lapse, unless a refund of the remaining credit is applied for as set forth in subsection 10-09-07(10) of this article.
(6) Approved credits or reimbursement shall only be used to reduce the amount of the impact fee of the category for which the impact fee is otherwise due, and shall not be paid to the fee payor in cash or in credits against any other monies due from the fee payor to the city.
(7) Credit for land dedications shall, at the fee payor's option, be valued at: a) one hundred percent (100%) of the most recent assessed value for such land as shown in the records of the Canyon County assessor; or b) that fair market value established by an MAI appraiser reasonably acceptable to the city in an appraisal paid for by the fee payor. Credit for contribution or construction of system improvements shall be valued by the city based on complete engineering drawings, specifications, and construction cost estimates submitted by the fee payor to the city, which estimates shall be revised as actual costs become available. The city shall determine the amount of credit due based on the information submitted, or, if the city determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs reasonably acceptable to the city as a more accurate measure of the value of the offered system improvements to the city.
(8) Approved credits for land dedications shall become effective when the land has been conveyed to the city in a form reasonably acceptable to the city at no cost to the city, and has been accepted by the city. Approved credits for contribution or construction of system improvements shall generally become effective when: a) all required construction has been completed and has been accepted by the city; and b) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable requirements of the city. Approved credits for the construction of system improvements may become effective at an earlier date if the fee payor posts security in the form of a performance bond, irrevocable letter of credit or escrow agreement in the amount and under terms reasonably acceptable to the city.
(9) Credit may only be transferred by a fee payor that has received credit to such fee payor's successor in interest. The credit may be used only to offset impact fees for the same category for which the credit was issued. Credits shall be transferred by any written instrument clearly identifying which credits are being transferred, the dollar amount of the credit being transferred, and the system improvements for which the credit was issued. The instrument of transfer shall be signed by both the transferor and transferee, and a copy of the document shall be delivered to the fee administrator for documentation of the transfer before the transfer shall be deemed effective. (Ord. 2671, 4-3-2007)
The decisions of the fee administrator may be appealed as provided below:
(1) Any fee payor who is or may be obligated to pay an impact fee, may appeal a decision made by the fee administrator in applying this article to the city council's designee. Such decisions that may be appealed include:
A. The applicability of an impact fee to the development.
B. The amount of an impact fee to be paid for the development.
C. The availability, amount or application of any credit.
D. The amount of any refund, reimbursement or credit.
A fee payor may pay an impact fee under protest in order to obtain a development approval or building permit(s) and, by paying such impact fee, shall not be estopped from exercising the right of appeal provided herein, nor shall the fee payor be estopped from receiving a refund of any amount deemed to have been illegally collected. Upon final disposition of an appeal, the impact fee shall be adjusted in accordance with the decision rendered and, if necessary, a refund paid.
(2) In order to pursue an appeal, the fee payor shall file a written notice of appeal with the city council's designee within fifteen (15) days after the date of the decision being appealed, or the date on which the fee payor submitted a payment of impact fees under protest, whichever is later. Such written application shall include a statement describing why the appellant believes that the decision was in error, together with copies of any documents that the appellant believes supports the claim.
(3) The city council's designee shall notify the fee payor of the hearing date on the appeal, which notice shall be given no less than fifteen (15) days prior to the date of the hearing, and shall hear the appeal within thirty (30) days after receipt of a written notice of appeal. The appellant shall have a right to be present and to present evidence in support of the appeal. The fee administrator who made the decision under appeal shall likewise have the right to be present and to present evidence in support of the decision. The burden of proof in any such hearing shall be on the fee payor to demonstrate that the amount of the impact fee, credit, reimbursement or refund was not properly calculated by the city.
(4) The criteria to be used by the city council's designee shall be whether: a) the decision or interpretation made by the fee administrator; or b) the alternative decision or interpretation offered by the appellant, more accurately reflects the intent of this article that new growth and development in the city pay its proportionate share of the costs of system improvements for public facilities necessary to serve new development. The city council's designee may affirm, reject or revise the decision of the fee administrator, providing written findings of fact and conclusions, within fifteen (15) days after hearing the appeal. The city council's designee shall modify the amount of the impact fee, credit, refund or reimbursement only if there is substantial evidence in the record that the fee administrator erred, based upon the methodologies contained in the impact fee study, this article and/or the capital improvements plans. The decision of the city council's designee shall be final.
(5) A fee payor may request that the city enter into mediation by a qualified independent party to address a disagreement related to the impact fee for new growth and development. If both parties agree to mediation, costs for the independent mediation service shall be shared equally by the fee payor and the city. Mediation may take place at any time during an appeals process and any time limitation relevant to an appeal shall be tolled. (Ord. 2671, 4-3-2007)
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