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(1) Board's development service director may make a preliminary determination of extraordinary impact during local land use planning act proceedings, chapter 65, title 67, Idaho Code, or prior to the issuance of a building permit. The County shall notify the impact fee administrator of such determination and the impact fee administrator shall review and determine whether or not a development application will impose extraordinary impact.
(2) Within thirty (30) days after impact fee administrator's receipt from the County of the development application, the impact fee administrator will notify the fee payer and the County of the impact fee administrator's initial determination that the development may impose an extraordinary impact. Such notice shall include that a supplemental study, at the fee payer's expense will be required.
(3) Within thirty (30) days following the designation of a development with extraordinary impact, the impact fee administrator shall meet with the fee payer to discuss whether the fee payer wants to: (a) pay for the supplemental study necessary to determine the system improvements costs related to the proposed development; (b) modify the proposal to avoid generating extraordinary impact; or (c) withdraw the application for certification, or development approval.
(4) If the fee payer agrees to pay for the supplemental study required to document the proposed development's proportionate share of system improvements costs, then the impact fee administrator and the fee payer shall jointly select an individual or organization acceptable to both to perform such study. The fee payer shall enter into a written agreement with such individual or organization to pay the costs of such study. Such agreement shall require the supplemental study to be completed within thirty (30) days of such written agreement, unless the fee payer agrees to a longer time.
(5) Once the study has been completed, the fee payer may choose to: (a) pay the proportionate share of system improvements costs documented by the supplemental study; or (b) modify the proposed development to reduce such costs; or (c) withdraw the application. The impact fee administrator shall notify the County of the fee payer's choice within fifteen (15) days of the fee payer's decision.
(6) If the fee payer agrees to pay the system improvements costs documented in the supplemental study, that agreement shall be reduced to writing between the County, impact fee recipient, and the fee payer prior to review and consideration of any application for any development approval or building permit related to the proposed development.
(7) Notwithstanding any agreement by the fee payer to pay the proportionate share of system improvements costs documented by the supplemental study, nothing in this chapter shall obligate the County to approve development that results in an extraordinary impact. (Ord. 20-018, 6-22-2020)
(1) Duty To Refund:
A. An impact fee shall be refunded to a fee payer, or successor in interest, in the following circumstances:
1. Service is available but never provided;
2. A building permit, or permit for installation of a manufactured home, is denied or abandoned;
3. The fee payer pays an impact fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the fee payer's proportionate share;
4. The impact fee is collected and the impact fee was not appropriated or expended pursuant to the act.
B. Any impact fee paid shall be refunded if the system improvements in accordance with this chapter have not commenced construction, or funds appropriated for such construction, within eight (8) years after the date on which such fee was collected. Any refund due shall be paid to the owner of record of the parcel for which the impact fee was paid. Impact fees may be held for longer than eight (8) years but in no event longer than eleven (11) years from the date collected if it is identified in writing: (a) a reasonable cause why the fees should be held longer than eight (8) years; and (b) an anticipated date by which the fees will be expended. In this event the impact fees so identified shall be refunded in accordance with the written statement if construction has not commenced, or funds are not appropriated for such construction, on or before the date identified in such writing.
C. After an impact fee has been paid pursuant to this chapter and after a certificate of occupancy has been issued by the County, no refund of any part of such fee shall be made if the project for which the fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the project or the number of units in the project.
D. Each refund shall include a refund of interest at one-half (½) the legal rate provided for in Idaho Code § 28-22-104 from the date on which the fee was originally paid.
(2) Process: The impact fee administrator shall make a determination of whether a refund is due within thirty (30) days after receipt of a written request for a refund from the fee payer, successor in interest, or an owner of record of the property for which the fee was paid. When the right to a refund exists, the refund shall be made within ninety (90) days after the determination that a refund is due. (Ord. 20-018, 6-22-2020)