A. Requesting an Individual Assessment. In lieu of paying the KCEMSS Impact Fee pursuant to the adopted fee schedule, a person may file a request with the City, at the time of permit application, to determine the amount of the KCEMSS impact fee through an individual assessment process.
B. Required Information. An individual assessment requires a consideration of studies, data, and any other relevant information submitted by the Applicant in order to adjust the amount of the KCEMSS Impact Fee. If a person files a request for an individual assessment, the person shall be responsible for retaining, at the person’s sole expense, a qualified professional to calculate an individual assessment that complies with the requirements of this Chapter. The information provided by the Applicant must establish that the resulting individual assessment complies with the requirements of this Chapter and that the resulting individual assessment is a more accurate measure of the Applicant’s proportionate share of the cost of System Improvements. The analysis must be based on KCEMSS’s adopted levels of service and the unit costs for System Improvements used in the Capital Improvement Plan, and use an average cost (not a marginal cost) methodology. All information upon which the calculated individual assessment is based must be provided to the City within thirty (30) days after filing the request for individual assessment.
C. Transmission to KCEMSS. Upon receipt of information supporting a request for individual assessment, the City will transmit the request and the information to KCEMSS for review. If supporting information is not received within thirty (30) days after the filing of the request of individual assessment, the request will be denied by the City and the fee from the fee schedule will be imposed.
D. Determination by KCEMSS. KCEMSS must issue a written decision within thirty (30) days following receipt of the request and information from the City unless the Applicant and KCEMSS agree to an extension. KCEMSS may accept or reject the calculated individualized assessment or accept the assessment in part based on KCEMSS’s evaluation of whether the individual assessment is a more accurate measure of demand for System Improvements created by the proposed Development. KCEMSS shall provide its written determination to the Applicant and the City. The evaluation shall document the relevant methodologies and assumptions used by KCEMSS and include an explanation of the calculation of the KCEMSS Impact Fee, specify the System Improvement(s) for which the KCEMSS Impact Fee is intended to be used, and provide an explanation of those factors identified in Idaho Code § 67-8207.
E. Assessment of Individual Impact Fee. Upon receipt of the final determination from KCEMSS, the City will assess and collect the KCEMSS Impact Fee for the Development Approval using the fee set out in KCEMSS’s final determination. (Ord. 3717, 6-6-2023)