CHAPTER 11
DEVELOPMENT IMPACT FEES
DEVELOPMENT IMPACT FEES
ARTICLE 1
DEVELOPMENT IMPACT FEE ORDINANCE
DEVELOPMENT IMPACT FEE ORDINANCE
SECTION:
11-01-01: Short Title
11-01-03: Rules Of Construction
11-01-05: Definitions
11-01-07: Advisory Committees
11-01-09: Fee Schedule; Exemptions
11-01-11: Collection Of Impact Fees; Enforcement
11-01-13: Certification Of Assessment
11-01-15: Individual Assessment
11-01-17: Developer Credits And Reimbursement
11-01-19: Methodology For The Calculation Of Development Impact Fees
11-01-21: Extraordinary Impact
11-01-23: Fee Payer Refunds
11-01-25: Expenditure Of Impact Fees
11-01-27: Appeals, Protest And Mediation
As used in this chapter:
IMPACT FEE ADMINISTRATOR: | A designee by the board to administer specific portions of this chapter. A designee may be an official of a separate governmental entity where the board has entered into an intergovernmental agreement with such entity for the administration and imposition of development impact fees pursuant to the act. Where no designation is made the County's development services director shall be the default designee. |
IMPACT FEE RECIPIENT: | The government entity authorized to make expenditures of impact fees collected in accordance with the chapter. The impact fee recipient shall be either the County or a separate governmental entity where the board has entered into an intergovernmental agreement with such entity for the administration and imposition of development impact fees pursuant to the Act. (Ord. 20-018, 6-22-2020) |
(1) Establishment And Purpose: Pursuant to Idaho Code § 67-8205, the board shall establish by resolution a development impact fee advisory committee (committee), whose purpose is to carry out the duties as set forth in Idaho Code § 67-8205(3), as it may be amended.
(2) Membership: Each committee shall be composed of not fewer than five (5) members. Two (2) members or more shall be active in the business of development, building or real estate.
(3) Meetings: Meetings may be called by each committee by giving reasonable notice of the time and place of the meeting in accordance with the open meetings law, Idaho §§ 74-201, et seq., as may be amended.
(4) When another governmental entity anticipates it will request that the board enter an intergovernmental agreement pursuant to § 8204A of the act for the administration and imposition of development impact fees pursuant to the act such entity shall establish a joint development impact fee advisory committee, which shall operate in collaboration with the board's advisory committee to fulfill the committee's duties under the act. A joint development impact fee advisory committee shall comply with the membership and meeting requirements in this section.
(5) Review Of Committee's Reports And Recommendations: The board and the impact fee recipients, as the case may be, shall each consider the advisory committee's recommended revision(s) at least once every twelve (12) months.
(6) Review And Modification Of Capital Improvements Plan: Unless the board deems some other period is appropriate, at least once every five (5) years, commencing from the date of the original adoption of the capital improvements plan, the board and the impact fee recipients shall review and update the capital improvements plan in accordance with the procedures set forth in Idaho Code § 67-8206, as amended. (Ord. 20-018, 6-22-2020)
(1) Fee Schedule: Each development impact fee shall be calculated in accordance with the fee schedule set forth in this chapter providing for standard fees based on the total number of dwelling units or square feet of nonresidential space in the development, unless (a) the fee payer requests an individual assessment pursuant to this chapter; or (b) the impact fee administrator finds the development will have an extraordinary impact pursuant to this chapter. The methodology for determining the costs per service unit provided for in the fee schedule is set forth in each capital improvements plan as adopted by the County pursuant to Idaho Code § 67-8208, 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 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 impact fee administrator shall calculate the impact fee for the development within thirty (30) days of submittal unless:
1. The fee payer had previously requested and been granted an individual assessment pursuant to this chapter; or
2. 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. 20-018, 6-22-2020)
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