17.28.010: LEGISLATIVE FINDINGS:
The City Council of the City of Chubbuck, Idaho, finds that:
   A.   Based on the City of Chubbuck Comprehensive Plan adopted by the City pursuant to title 67, chapter 65, Idaho Code, including, but not limited to, the capital improvements element of the comprehensive plan, and the general governmental goal of protecting the health, safety, and general welfare of the citizens of the City, and its Area of City Impact, it is necessary for the parks and recreation public facilities to accommodate new development within the City, and its Area of City Impact.
   B.   New residential and nonresidential growth and development imposes and will impose increasing and excessive demands upon the public facilities.
   C.   The revenues generated from new residential and nonresidential growth and development often does not generate sufficient funds to provide the necessary levels of service provided by these public facilities to accommodate new development.
   D.   New development is expected to continue, and will place ever increasing demands on the City to provide and expand the public facilities to serve new development.
   E.   The City has planned for the improvement of the public facilities in the capital improvements element of the City of Chubbuck Comprehensive Plan and in the impact fee analysis and the capital improvement plan reviewed and adopted therewith.
   F.   The creation of an equitable impact fee system in accordance with title 67, chapter 82, Idaho Code would enable the City to impose a proportionate share of the costs of needed improvements to the public facilities to accommodate new development, and would assist the City in implementing the capital improvements element of the comprehensive plan.
   G.   In order to implement an equitable impact fee system for the public facilities, the City retained Zions Public Finance, Inc., ("Zions") to prepare an impact fee study for these types of facilities. The resulting document is titled:
Parks and Recreation Capital Improvement Plan and Impact Fee Analysis
dated September, 2018 (the "Impact Fee Study"), and recommended for approval by the Impact Fee Advisory Committee. The studies are on file in the Office of the City Clerk of the City of Chubbuck. Any reference herein to the Impact Fee Study shall be to that study.
   H.   The Impact Fee Study is consistent with the capital improvements element of the City of Chubbuck Comprehensive Plan, and uses the levels of service set forth in the Comprehensive Plan for these public facilities.
Parks and recreation level of service from page 7 of the Park Impact Fee Study is 5.22 acres per thousand population.
   I.   The Impact Fee Study sets forth reasonable methodologies and analyses for determining the impacts of various types of new development on the public facilities, and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such public facilities created by new development.
   J.   The Impact Fee Study uses a calculation methodology in accordance with generally accepted accounting principles. This chapter shall not be deemed invalid because payment of an impact fee may result in an incidental benefit to others within the service area other than the fee payer.
   K.   The impact fees described in this chapter are based on the Impact Fee Study, and do not exceed the costs of system improvements for the public facilities to serve new development that will pay the impact fees.
   L.   The parks and recreation services included in the calculation of impact fees in the Impact Fee Study will benefit all new development throughout the City, and it is therefore appropriate to treat all areas of the City and the Area of City Impact as a single service area for purposes of calculating, collecting and spending the impact fees collected.
   M.   There is both a rational nexus and a rough proportionality between the development impacts created by each type of development covered by this chapter and the impact fees that such development will be required to pay.
   N.   This chapter creates a system by which impact fees paid by new development will be used to finance, defray or to provide capital improvements for the public facilities in ways that benefit the development for which impact fees were paid.
   O.   This chapter creates a system under which impact fees shall not be used to correct existing deficiencies in public facilities, or to replace or rehabilitate existing public facilities, or to pay for routine operation or maintenance of those public facilities.
   P.   This chapter creates a system under which there shall be no double payment of impact fees, in accordance with Idaho Code section 67-8204(19).
   Q.   This chapter is consistent with all applicable provisions of title 67, chapter 82, Idaho Code, concerning Impact Fee Ordinances. (Ord. 804, 2019)