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As used in this title, the following words and terms shall have the following meanings, unless another meaning is plainly intended:
ADDENDUM A: The "Development Impact Fee Report" dated July 30, 1996, as amended by the report entitled "City Of Coeur d'Alene Development Impact Fee Report Update", dated February 23, 2004, along with all footnotes, exhibits, appendices, and other attachments referenced therein including, but not limited to, the city of Coeur d'Alene parks master plan, November 1994, all of which are by this reference incorporated herein as if set forth fully. A description of acceptable levels of service for system improvements is described in the report.
AFFORDABLE HOUSING: Housing affordable to families whose incomes do not exceed eighty percent (80%) of the median income for the service area or areas within the jurisdiction of the city of Coeur d'Alene.
BUILDING PERMIT: The permit required for new construction and additions pursuant to section 15.08.010 of this code.
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, or service improvement.
CAPITAL IMPROVEMENTS PLAN: A plan adopted and amended pursuant to the provision of the development impact fee act, Idaho Code 67-8208, that identifies capital improvements for which development impact fees may be used as a funding source.
CITY: The city of Coeur d'Alene, a municipal corporation duly organized pursuant to the laws of the state of Idaho.
DEVELOPMENT: Any manmade change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires issuance of a building permit, site development permit, or manufactured/mobile home permit, which creates additional demand and need for public facilities.
DEVELOPMENT APPROVAL: Any written, duly authorized document from the city which authorizes the commencement of a development.
DEVELOPMENT 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. This term is also referred to as an impact fee in this title. The term does not include the following:
A. A charge or fee to pay the administrative, plan review, or inspection cost associated with permits required for development;
B. Connection or hook up charges;
C. Availability charges for drainage, sewer, water, or transportation charges for services provided directly to the development; or
D. 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(3), Idaho Code, for credit or reimbursement.
DEVELOPMENT REQUIREMENT: A requirement attached to a developmental approval or other governmental action approving or authorizing a particular development project including, but not limited to, a rezoning, which requirement compels the payment, dedication or contribution of goods, services, land, or money as a condition of approval.
DEVELOPMENT SUBAREAS MAP/SERVICE AREAS MAP/QUADRANT MAP: These terms are interchangeable. A map of development subareas in which impact fees are imposed. This map is contained in the "report" referred to as "quadrant map" and is incorporated by reference herein as if fully set out.
DEVELOPMENT SUBAREAS/SERVICE AREAS/QUADRANTS: Any defined geographic area identified by the city in the comprehensive plan including, but not limited to, the capital improvement plan, or intergovernmental agreement between the city and another governmental entity, in which specific public facilities provide service to development within the areas defined, on the basis of sound planning or engineering principles or both.
EXTRAORDINARY COSTS: Those costs incurred as a result of an extraordinary impact.
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the city to:
A. Result in the need for system improvements, the cost of which will significantly exceed the sum of the development 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
B. Result in the need for system improvements which are not identified in the capital improvements plan.
C. Have an impact which results in a lower than acceptable level of service.
FEE PAYER: That person who pays or is required to pay a development impact fee.
GROSS FLOOR AREA: The sum of the areas of the several floors of the building or structure, including areas used for human occupancy or required for the conduct of the business or use, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics when not used for human occupancy, nor any floor space in an accessory building, carport, or the main building intended or designed for the parking of motor vehicles in order to meet any city parking requirements, nor nonresidential facilities; arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display, storage, service, or production areas.
IMPACT FEE: See definition of Development Impact Fee.
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/MOBILE 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.
MODULAR BUILDING: Any building or building component, other than a manufactured/mobile home, which is constructed according to standards contained in the international building code, as adopted or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.
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: In contrast to system improvements, project improvements are site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and the 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, which reasonably relates to the service demands and needs of the project.
PUBLIC FACILITIES: Those types of improvements described in Idaho Code 50-1703, including, but not limited to, the following:
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. Storm water collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements;
E. Parks, open space and recreation areas, and related capital improvements; and
F. Public safety facilities, including law enforcement, fire, emergency medical and rescue and street lighting facilities.
QUADRANT: See definition of Development Subareas/Service Areas/Quadrants.
QUADRANT MAP: See definition of Development Subareas Map/Service Areas Map/Quadrant Map.
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.
REPORT: The "Development Impact Fee Report", dated July 30, 1996, as amended by "Development Impact Fee Report Update", dated February 23, 2004.
SERVICE AREA/SUBAREAS/QUADRANT: See definition of Development Subareas/Service Areas/Quadrants.
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.
SITE DEVELOPMENT PERMIT: The permit required by the planning department for construction, placement, and installation of, and additions to, modular structures and manufactured/mobile homes.
SYSTEM IMPROVEMENTS: In contrast to project improvements, mean capital improvements to public facilities which are designed to provide service to a service area/subarea including, without limitation, the type of improvements described in section 50-1703, Idaho Code.
SYSTEM IMPROVEMENTS 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 service new growth and 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 development 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 city 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 city to finance capital improvements identified in the capital improvements plan.
UNIT(S) OF DEVELOPMENT: A quantifiable increment of development activity measured in terms of dwelling units, or other appropriate measurements contained in the impact fee schedule incorporated in the "report". (Ord. 3166 §1, 2004, eff. 6-1-2004: Ord. 3127, 2003: Ord. 3096 §8, 2003: Ord. 3025 §2, 2001: Ord. 2785 §1, 1996, eff. 1-20-1997)