A. Authority To Establish Development Fees: The city shall establish development fees or in lieu of or credit agreements to be paid by developers of property within the corporate limits of the city and within annexed properties and to properties requesting services within the city impact area 1 as established under Idaho Code 67-6526, as amended. Such development fees shall be adopted by the city council by resolution, and shall be in amounts adequate to cover the costs of municipal facilities and services as a result of property development in the city and surrounding area, including, but not limited to, water, sewer, police, fire protection, streets, municipal buildings, operations, maintenance and administration, and engineering and planning.
B. Adjustment Of Development Fees: The development fees established by city resolution shall be adjusted each six (6) months by an amount equal to the percentage of index change for the preceding six (6) month period, of the consumer price index, maintained by the United States department of labor, or comparable statistics on the cost of living for the city. The city may establish additional categories of services to be included in the fee or the city may retire old ones through modification procedures. Such adjusted fees shall then be adopted by city council resolution. If the adjusted fee is increased by five percent (5%) or greater, the city council shall first hold a public hearing after fifteen (15) days' notice thereof published in the "Challis Messenger"; except, that notice and public hearings shall not be required for any increase as a result of the consumer price index adjustment.
C. Payment Prior To Construction: No residential, commercial or public building shall be constructed or erected in the city or in annexed properties or on properties where the city is requested to furnish municipal facilities or services as required by law, and no zoning permit therefor shall be issued by the city, until agreements are in effect between the developer and the city providing for payment of fees, credit or additional work done, or construction in lieu of payment of fees as established by the city pursuant to this section. Developers (including, without limitation, an individual, firm, corporation, partnership, association or other entity) shall provide such information as may from time to time be required by the city for purposes of determining the proper development fees in lieu of construction or credit arrangements. Development fees shall be paid to the city clerk-treasurer.
D. Amount Of Fee Required: Developers shall pay the development fees or shall perform improvements in lieu of fees assessed by the city, as set by resolution, for all municipal facilities and services for each class of building as established by the city. Development fees imposed under this section shall be in addition to, and not a substitute for, any other fees, charges or taxes imposed or assessed by any governmental authority or entity.
1. Storage capacity charge, filtration capacity charge, supply main oversizing charge, land acquisition, waste treatment capacity charge, ancillary service charge, interceptor capacity charge shall all be held in abeyance until such time as city growth demands reinstatement.
E. Variances:
1. Variances Authorized: The city council shall have the authority to vary the application and terms of this section when, by reason of exceptional conditions, strict application of any regulation enacted herein would result in difficulty or undue or unnecessary hardship. Such relief may be granted provided only that such action does not substantially impair the intent and purposes of this section.
2. Public Hearing: Upon application for variance, the city council shall conduct a public hearing on the application, and notice of public hearing shall be made in the "Challis Messenger", the official newspaper of the city.
3. Fee: The applicant for variance shall be charged a sufficient fee, as set by resolution of the city council, to cover all costs of publishing the notice of the public hearing.
F. Violations; Enforcement: It shall be unlawful to build, occupy or use any building or structure for which development fees under this section have not been paid, or in lieu of agreements made, and any violation of this section shall be punishable as a misdemeanor.
In addition to, or in lieu of the foregoing, the city may enforce this section by any appropriate civil action, including abatement, injunction and/or damage, in which event the city shall be entitled to all costs including attorney fees in the prosecution of such action. (Ord. 499, 4-16-2009)
Notes
| 1 | 1. See chapter 2 of this title. |