(1) Impact Fee Schedule. Each Development Impact Fee shall be calculated in accordance with the fee schedule set forth in the Impact Fee Schedule of each CHD4 Capital Improvements Plan as adopted by the County pursuant to Idaho Code § 67-8208, and as it may be amended.
(2) Developer's Election. A Developer shall have the right to elect to pay a project's proportionate share of System Improvements Costs by payment of Impact Fee according to the Impact Fee Schedule as full and complete payment of the Development project's proportionate share of System Improvements Costs, except as provided in Idaho Code § 67-8214(3), as it may be amended.
(3) Procedures:
A. Building Permit. Upon submittal of complete building permit plans or manufactured home installation permit for the Development to the County, the County Building Official shall determine if the parcel for which the permit has been submitted is located within a Service Area that requires assessment of traffic impact fees under this ordinance.
1. If the parcel is not located within a Service Area with traffic impact fees, the provisions of this ordinance do not apply.
2. If the parcel is located within a Service Area with traffic impact fees, the County Building Official shall withhold final issuance of the building permit until confirmation from CHD4 is received indicating that:
a. No impact fee assessment is due for the type or location of the building permit; or
b. The appropriate impact fees have been paid to CHD4; or
c. An agreement has been reached to collect the impact fees at another time; or
d. The Fee Payer had previously requested and been granted an individual assessment pursuant to this chapter; or
e. The Impact Fee Administrator has previously determined the Development may have an Extraordinary Impact pursuant to this chapter.
(4) Exemptions. The provisions of this chapter shall not apply to the following:
A. Rebuilding the same amount of floor space of a structure which is destroyed by fire or other catastrophe, provided the structure is rebuilt and ready for occupancy within two (2) years of its destruction;
B. Remodeling or repairing a structure which does not increase the number of Service Units;
C. Replacing a residential unit, including a manufactured/mobile home, with another residential unit on the same lot; provided that, the number of Service Units does not increase;
D. Placing a temporary construction trailer or office on a lot;
E. Constructing an addition on a residential structure which does not increase the number of Service Units;
F. Adding uses that are typically accessory to residential uses, such as tennis court or a clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of System Improvements; or
G. The installation of a modular building, manufactured/mobile home or recreational vehicle if the Fee Payer can demonstrate by documentation such as utility bills and tax records that either: (a) a modular building, manufactured/mobile home or recreational vehicle was legally in place on the lot or space prior to the effective date of this chapter; or (b) an Impact Fee has been paid previously for the modular building, manufactured/mobile home or recreational vehicle on that same lot or space.
(5) Exemption Claim Process. A Fee Payer shall claim an exempt development activity upon application of a building permit or manufactured/mobile home installation permit, or if no building permit or manufactured/mobile home installation permit required, prior to the time construction commences. Any exemption not so claimed shall be deemed waived by the Fee Payer. Claims for exemption shall be determined by the County within fifteen (15) days of receipt of the claim for exemption.
(Ord. 22-014, 7-20-2022)