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A. Nothing in this Title shall prevent the City from requiring a developer to construct reasonable project improvements in conjunction with a development project.
B. Nothing in this Title shall be construed to prevent or prohibit private agreements between property owners or developers, the Idaho Transportation Department, the City, and 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 including interproject transfers of credits or providing for reimbursement for project improvements which 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 impact fees collected from the developer for the improvement of the public facility by the Idaho Transportation Department.
C. Nothing in this Title shall obligate the City to approve development which results in an extraordinary impact. Extraordinary impacts shall be determined and processed pursuant to Chapter 14.12 of this Title.
D. Nothing in this Title shall obligate the City to approve a development request which may reasonably be expected to reduce levels of service below minimum acceptable levels established in the Development Impact Fee Ordinance. To this end, the City may impose a development impact fee for system improvement costs incurred subsequent to adoption of the Ordinance to the extent that new growth and development will be served by the system improvements.
E. Nothing in this Title 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.
F. Nothing in this Title 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.
G. Nothing herein shall restrict or diminish the power of the City to annex property into its territorial boundaries or exclude property from its territorial boundaries upon request of a developer or owner, or to impose reasonable conditions thereon, including the recovery of project or system improvement costs required as a result of such voluntary annexation. (Ord. 2785 §15, 1996, eff. 1-20-1997)