APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or other official act of a governmental entity.
BUILDING PERMIT: An official document or certificate by that name issued by the City authorizing the construction or siting of any building.
CAPITAL IMPROVEMENTS: Improvements with a useful life of ten (10) years or more, by new construction or other action, which increase the service capacity of a public facility.
CAPITAL IMPROVEMENTS ELEMENT: A component of a comprehensive plan adopted pursuant to chapter 65, title 67, Idaho Code, which component meets the requirements of a capital improvements plan pursuant to this chapter.
CAPITAL IMPROVEMENTS PLAN: A plan adopted pursuant to this chapter that identifies capital improvements for which impact fees may be used as a funding source.
CITY: The City of Chubbuck, Idaho.
CITY COUNCIL: The legislative body of the City of Chubbuck, Idaho.
DEVELOPER: Any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to sections 50-1301 through 50-1334, Idaho Code and this title.
DEVELOPMENT: Any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for public facilities or the subdivision of property that would permit any change in the use, character or appearance of land. As used in this chapter, "development" shall not include activities that would otherwise be subject to payment of the development impact fee if such activities are undertaken by a taxing district, as defined in section 63-201, Idaho Code, in the course of carrying out the taxing district's public responsibilities, unless the adopted impact fee ordinance expressly includes taxing districts as being subject to development impact fees.
DEVELOPMENT APPROVAL: Any written authorization from a governmental entity which authorizes the commencement of a development.
DEVELOPMENT IMPACT FEE: See definition of impact fee.
DEVELOPMENT REQUIREMENT: A requirement attached to a development approval or other governmental action approving or authorizing a particular development including, without limitation, a rezoning, which development requirement compels the payment, dedication or contribution of goods, services, land and/or money as a condition of approval.
DWELLING UNIT: A building or portion of a building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living and/or sleeping quarters for one or more persons. Dwelling unit includes a multi-family building, a mobile home, a manufactured home, a modular building and/or a motel/hotel/rooming house.
EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact.
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City to: result in the need for system improvements, the cost of which will significantly exceed the sum of the impact fees to be generated from the project; or the sum agreed to be paid pursuant to a development agreement as allowed by section 67-8214(2), Idaho Code, or result in the need for system improvements that are not identified in the capital improvements plan.
FEE ADMINISTRATOR: The Community Services Director or the Director’s designee.
FEE PAYER: A person who pays or is required to pay an impact fee or the fee payer's successor in interest.
GOVERNMENTAL ENTITY: Any unit of local government that is empowered by section 67-8201 et seq., Idaho Code, to adopt an impact fee ordinance.
IMPACT FEE: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development; connection or hookup charges; availability charges for drainage, sewer, water, or transportation charges for services provided directly to the development; or amounts collected from a developer in a transaction in which the City has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of the capital improvements, unless a written agreement is made pursuant to section 67-8209(4), Idaho Code, for credit or reimbursement.
IMPACT FEE STUDY: The documents entitled:
Police Capital Improvement Plan and Impact Fee Analysis, and Emergency Services Capital Improvement Plan and Impact Fee Analysis
dated September, 2018, prepared by Zions Public Finance for the City.
LAND USE ASSUMPTIONS: A description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a twenty (20) year period.
LEVEL OF SERVICE: A measure of the relationship between service capacity and service demand for public facilities.
MANUFACTURED HOME: A structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight feet (8') or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC 5401 et seq. The definition in this chapter of a manufactured home shall have no application to the definition of a production building in title 18 of this Code.
MODULAR BUILDING: Is defined in section 39-4301, Idaho Code, and means any building or building component, other than a manufactured or mobile home, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.
MULTI-FAMILY: A building or portion thereof, containing two (2) or more dwelling units, excluding attached single-family townhouse units located on individual lots.
OWNER: The person holding legal title to real property, including the local, State or Federal government or any subdivision thereof.
PERSON: An individual, corporation, governmental agency, business trust, estate, partnership, association, two (2) or more persons having a joint or common interest, or any other entity.
PRESENT VALUE: The total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction or money.
PROJECT: A particular development on an identified parcel of land.
PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to provide service for a project and that are necessary for the use and convenience of the occupants or users of the project.
PROPORTIONATE SHARE: That portion of the cost of system improvements determined pursuant to section 67-8207, Idaho Code, and this title, which reasonably relates to the service demands and needs for public facilities of a project.
PUBLIC FACILITY:
A. Water supply production, treatment, storage and distribution facilities;
B. Wastewater collection, treatment and disposal facilities;
C. Roads, streets and bridges, including rights- of-way, traffic signals, landscaping and any local components of State or Federal highways;
D. Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; and
E. Public safety facilities, including law enforcement, emergency services, emergency medical and rescue and street lighting facilities.
RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.
SERVICE AREA: Any defined geographic area identified by a governmental entity or by intergovernmental agreement in which specific public facilities provide service to development within the area defined, on the basis of sound planning or engineering principles or both.
SERVICE UNIT: A standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements.
SUCCESSOR IN INTEREST: A person who gains legal title in real property for which an impact fee is paid or a credit is approved pursuant to the terms of this chapter.
SYSTEM IMPROVEMENT COSTS: Costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable thereto, and also including, without limitation, the type of costs described in section 50-1702(h), Idaho Code, to provide additional public facilities needed to serve new development. For clarification, system improvement costs do not include:
A. Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plan;
B. Repair, operation or maintenance of existing or new capital improvements;
C. Upgrading, updating, expanding or replacing existing capital improvements to serve existing developments in order to meet stricter safety, efficiency, environmental or regulatory standards;
D. Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;
E. Administrative and operating costs of the governmental entity unless such costs are attributable to development of the capital improvements plan, as provided in section 67-8208, Idaho Code; or
F. Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the governmental entity to finance capital improvements identified in the capital improvements plan.
SYSTEM IMPROVEMENTS: In contrast to project improvements, means capital improvements to public facilities that are designed to provide service to a service area including, without limitation, the type of improvements the City has the authority to make as described in section 50-1703, Idaho Code. (Ord. 845, 2022: Ord. 783, 2019)