A. Procedure: The City shall calculate the amount of the Impact Fee due for each Building Permit, Development Permit, and Manufactured/Mobile Home installation permit by the procedure set forth in the Report within thirty (30) days of submittal of complete permit plans Development and within sixty (60) days of submittal of complete permit plans for non-residential Development.
B. Validity: The Development Impact Fee shall be in accordance with generally accepted accounting principles. A Development Impact Fee shall not be deemed invalid because payment of the fee may result in an incidental benefit to owners or developers within the Service Area other than the person paying the fee.
C. Levels Of Service: A Development Impact Fee shall be calculated on the basis of Levels of Service for Public Facilities adopted in this Title and in the Report that are applicable to existing Development as well as new growth and Development. The construction, improvement, expansion, or enlargement of new or existing Public Facilities for which a Development Impact Fee is imposed must be attributable to the capacity demands generated by the new Development.
D. Mixed Uses: If the Development for which a Building Permit, Development Permit, or Manufactured/Mobile Home installation permit is sought contains a mix of uses, the Impact Fee will be calculated for each type of Development.
E. Certification: Prior to making an application for a Building Permit, Development Permit, Manufactured/Mobile Home installation permit, a prospective applicant may request in writing a written certification of the Development Impact Fee schedule or individual assessment for a particular Project which shall establish the Development Impact Fee for a period of one year from the date of certification. The certification shall include an explanation of the calculation of the Impact Fee including an explanation of Public Facilities considered under Idaho Code § 67-8207. The certification shall specify the System Improvement(s) for which the Impact Fee is intended to be used.
F. Individual Assessment: Individual assessment of Impact Fees is permitted in situations where the Fee Payer can demonstrate by clear and convincing evidence that the established Impact Fee is inappropriate.
1. An individual assessment of Development Impact Fees may be requested by application to the Building Official, or designee, prior to submitting an application for a Building Permit, Development Permit, Manufactured/Mobile Home installation permit, or other necessary approval from the City. The Building Official, or designee, shall evaluate the application for an individual assessment under the guidelines provided for in paragraph 4 below.
2. Late applications for individual assessments may be submitted within thirty (30) days after the receipt of a Building Permit only if the Fee Payer makes a showing that the facts supporting such application were not known or discoverable prior to receipt of a Building Permit and that undue hardship would result if said application is not considered.
3. The Building Official, or designee, shall render a written decision regarding the request for an individual assessment within thirty (30) days of the date a complete application is submitted. The decision of the Building Official, or designee, shall establish the Impact Fee for the Project in question for a period of one (1) year from the date said decision becomes final.
4. The Building Official, or designee, shall evaluate an application for an individual assessment and may approve a different Impact Fee if the Fee Payer has shown by clear and convincing evidence that the Impact Fee established by this Chapter is inappropriate and that the following facts and conditions exist:
a. Exceptional or extraordinary circumstances or conditions apply to the Development that do not apply generally to other properties in the Development; and
b. An individual assessment is necessary for the reasonable and fair Development of the property; and
c. The approval of the individual assessment will not be materially detrimental to the public welfare or injurious to property in the vicinity of the Development; and
d. The approval of the individual assessment will not adversely affect the Capital Improvements Plan of the City.
5. The applicant may appeal the determination by the Building Official, or designee, on the application for an individual assessment by the filing of an appeal with the City Clerk within thirty (30) days of the date of mailing or personal delivery of written notice of the decision of the Building Official, or designee. The appeal will be heard by the City Council, which shall make the final determination on the application.
G. Determination Of Impact Fees and Trip Generation Rates: The Impact Fees and trip generation rates (as determined by the latest edition of the Institute of Traffic Engineers’ trip generation manual) are set forth in the Report,, Addendum A. The City Council may set impact fees and trip generation rates by Resolution and modify the same by Resolution as allowed by law. (Ord. 3723, 1-2-2024: Ord. 2785 §6, 1996, eff. 1-20-1997)