17.28.110: MISCELLANEOUS PROVISIONS:
   A.   As used in this chapter, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates; the word shall, will or must is always mandatory; the word may is permissive; and the word should indicates that which is recommended, but not required.
   B.   Nothing in this chapter shall be construed to create any additional right to develop real property or diminish the power of the City in regulating the orderly development of real property.
   C.   Nothing in this chapter shall limit or modify the rights of any person to complete any development for which a lawful building permit was issued prior to the effective date hereof.
   D.   Nothing in this chapter shall prevent the City from requiring a developer to construct reasonable project improvements in conjunction with a project.
   E.   Nothing in this chapter shall limit the ability of the City to enter into intergovernmental agreements as provided in section 67-8204A, Idaho Code.
   F.   Nothing in this chapter shall obligate the City to approve any development request that may reasonably be expected to reduce levels of service below minimum acceptable levels established in the development Impact Fee Study.
   G.   Nothing in this chapter shall obligate the City to approve development which results in extraordinary impact.
   H.   Notwithstanding any agreement by the fee payer to pay the proportionate share of system improvement costs documented by the supplemental study, nothing in this chapter shall obligate the City to approve development that results in an extraordinary impact.
   I.   Nothing in this chapter shall work to limit the use by the City of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues.
   J.   A development impact fee shall not exceed a proportionate share of the cost of system improvements determined in accordance with section 67-8207, Idaho Code. Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs.
   K.   Nothing in this chapter shall be construed to prevent or prohibit private agreements between developers, the City, the Idaho Transportation Department, and/or other governmental entities in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer or fee payer, including interproject transfers of credits, or providing for reimbursement for project improvements that are used or shared by more than one development project. If it can be shown that a proposed development has a direct impact on a public facility under the jurisdiction of the Idaho Transportation Department, then the agreement shall include a provision for the allocation of development impact fees collected from the developer or fee payer for the improvement of the public facility by the Idaho Transportation Department.
   L.   Nothing in this chapter shall restrict or diminish the power of the City: 1) to impose reasonable conditions on the annexation of any property to the City in accordance with Idaho Code, including conditions for recovery of project or system improvement costs required as a result of such voluntary annexation, or 2) to negotiate and execute development agreements that may impose additional conditions on development, including the recovery of project or system improvement costs, either in connection with a proposed annexation or in connection with any other development within the City.
   M.   The impact fees described in this chapter, and the administrative procedures of this chapter shall be reviewed at least once every five (5) years to ensure that:
      1.   The demand and cost assumptions and other assumptions underlying such impact fees are still valid;
      2.   The resulting impact fees do not exceed the actual costs of providing parks and recreation system improvements required to serve new development;
      3.   The monies collected in any Impact Fee Fund have been and are expected to be spent for system improvements of the type for which such impact fees were paid; and
      4.   Such system improvements will benefit those developments for which the impact fees were paid.
   N.   Violation of this chapter shall be subject to those remedies provided in this Code. Knowingly furnishing false information to any official of the City charged with the administration of this chapter on any matter relating to the administration of this chapter including, without limitation, the furnishing of false information regarding the expected size or use of a proposed development, shall be a violation of this chapter.
   O.   The captions used in this chapter are for convenience only and shall not affect the interpretation of any portion of the text of this chapter.
   P.   The capital improvement plans for parks and recreation as set forth in the Parks and Recreation Capital Improvement Plan and Impact Fee Analysis dated September, 2018 is hereby adopted and accepted as the capital improvement plan for the Parks and Recreation Department. (Ord. 804, 2019)