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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)
(1) Payment Of Fees: An impact fee shall be paid to the County at the following times:
A. If a building permit or manufactured/mobile home installation permit is required, then before or at the time the permit is issued;
B. If no building permit or manufactured/mobile home installation permit is required, then at the time that construction commences; or
C. At such other time as the fee payer or developer and the County have agreed upon in writing.
(2) Enforcement: When any impact fee is due pursuant to this chapter, or pursuant to the terms of any written agreement between a fee payer and the County, and such impact fee has not been paid in a timely manner, the County may exercise any or all of the following powers as applicable to its authority, in any combination, to enforce the collection of the impact fee:
A. Withhold building permits, manufactured home installation permits, or other County development approval related to the development for which the impact fee is due until all impact fees due have been paid, and issue stop work orders, and revoke or suspend a building permit;
B. Add interest to the impact fee not paid in full at the legal rate provided for in Idaho Code § 28-22-104, as it may be amended, plus five percent (5%) beginning on the date at which the payment of the impact fee was due until paid in full;
C. Impose a penalty of five percent (5%) of the total impact fee (not merely the portion dishonored, late or not paid in full) per month beginning on the date at which the payment of the impact fee was due until paid in full; and
D. Impose a lien pursuant to the authority of Idaho Code § 67-8213 (4) for failure to timely pay an impact fee following the procedures contained in Idaho Code title 45, chapter 5. (Ord. 20-018, 6-22-2020)
(1) A fee payer may request a written certification of the impact fee schedule or individual assessment which shall establish the impact fee for that development. Such certification shall establish the impact fee so long as there is no material change to the particular development as identified in the individual assessment application, or the impact fee schedule. A certification may be applied for in the following manner:
A. Requests for certification shall be in writing and made to the County and impact fee administrator. Within thirty (30) days after receiving such request, the impact fee administrator shall issue a written certification of the amount of the impact fee due for the proposed development. The certification shall include an explanation of the calculation of the impact fee including an explanation of factors considered under Idaho Code § 67-8207 and shall also specify the system improvement(s) for which the impact fee is intended to be used. The impact fee administrator shall provide the certification to the fee payer and the County. (Ord. 20-018, 6-22-2020)
(1) In lieu of calculating the amount of the development impact fee using the impact fee schedules in this chapter, an individual assessment of impact fees is permitted.
A. Individual Assessment Process: A fee payer may file a written request for an individual assessment of the development prior to the receipt of a building permit or other necessary approvals or entitlements from Canyon County. A request for an individual assessment process shall involve consideration of studies, data, and any other relevant information submitted by the fee payer to adjust the amount of the impact fee.
1. Each individual assessment request and supporting documentation submitted by the fee payer shall be based on the same level of service standards and unit costs for system improvements used in the applicable capital improvements plan, shall use an average cost (not a marginal cost) methodology, and shall document the relevant methodologies and assumptions used.
2. Each individual assessment request delivered to the County may then be accepted, rejected, or accepted with modifications as the basis for calculating the impact fee. The criteria for acceptance, rejection or acceptance with modifications shall be whether the individual assessment is a more accurate measure of demand for system improvements element(s) created by the proposed development, or the costs of those facilities, than the applicable fee shown in the fee schedule, based on the standards in § 67-8207, Idaho Code.
3. The impact fee administrator shall issue a written decision within thirty (30) days following receipt of a completed request for individual assessment together with all supporting information from the fee payer, so as not to unreasonably delay the developer's (fee payer's) subsequent applications to the County for building permits.
4. The decision on an application for an individual assessment 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 those factors identified in Idaho Code § 67-8207. The impact fee administrator shall provide notice of final determination of an individual assessment to the fee payer and County.
5. If an individual assessment is accepted or accepted with modifications by the County then the impact fee due under this chapter for such development shall be calculated according to such individual assessment. (Ord. 20-018, 6-22-2020)
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