As used in this chapter, the following words and terms shall have the following meanings, unless another meaning is plainly intended and words and terms appearing in the singular number includes the plural and the plural the singular:
ACCOUNT: | The interest-bearing account within the Impact Fee Capital Projects Fund as established in this chapter. |
ADVISORY COMMITTEE: | The County's Development Impact Fee Advisory Committee ("Advisory Committee") formed and staffed by the County pursuant to Idaho Code § 67-8205 to prepare and recommend the Capital Improvements Plan and any amendments, revisions or updates of the same. |
APPROPRIATE: | To legally obligate by contract or otherwise commit to the expenditure of funds by appropriation or other official act of the Board of Commissioners. |
BUILDING PERMIT: | The permit required for foundations, new construction and additions pursuant to Chapter 14, Title 11, Gem County Code. |
CAPITAL FACILITIES: | Shall land, buildings, roadway, intersection and bridge improvements, apparatus, vehicles and equipment as identified in Exhibits III-2 and IV-4 of the County's Capital Improvements Plan as adopted by the County, and specifically including those related costs including system improvement costs, but not including maintenance, operations, or improvements that do not expand their capacity. |
CAPITAL IMPROVEMENTS: | Improvements with a useful life of ten (10) years or more, by new construction or other action, which increases the service capacity of the county's public facilities. |
CAPITAL IMPROVEMENTS ELEMENT: | A component of the Capital Improvements Plan adopted by the county pursuant to Chapters 65 and 82 of Title 67, Idaho Code, as they may be amended, which component meets the requirements of the capital improvements plan required by the Act. |
CAPITAL IMPROVEMENTS PLAN: | The impact fee study and capital improvements plan recommended by the Development Impact Fee Advisory Committee and adopted by the county that identifies the capital facilities for which the county's impact fees may be used as a funding source as found in the comprehensive plan appendix. |
CAPITAL PROJECTS FUND (the "Capital Projects Fund"): | Shall mean and refer to the County's Development Impact Fee Capital Projects Fund established by action of the County Board of Commissioners pursuant to section 11 of this chapter and Idaho Code § 67-8210(1). |
COUNTY: | Gem County, Idaho. |
COUNTY BOARD OF COMMISSIONERS: | The Board of Commissioners of Gem County. |
DEVELOPER: | Any person or legal entity undertaking Development and/or the subdivision of property pursuant to Idaho Code §§ 50-1301 through 50-1334, as may be amended. |
DEVELOPMENT: | Any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for public facilities and/or subdivision of property that would permit any change in the use, character or appearance of land. |
DEVELOPMENT APPROVAL: | Any written duly authorized document from the county which authorizes the commencement of a development. |
DEVELOPMENT REQUIREMENT: | A requirement attached to a developmental approval or other county 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 condition of approval. |
DWELLING UNIT: | Any structure, or portion thereof, providing living facilities for one family as herein defined, including provisions for living, sleeping, eating, cooking and sanitation. |
DWELLING UNIT, MULTI-FAMILY: | A building or portion thereof designed for or used by two (2) or more families or housekeeping units. |
DWELLING UNIT, SINGLE-FAMILY: | A building designed for or used exclusively for residential purposes by one family or housekeeping unit. |
EXTRAORDINARY COSTS: | Those costs incurred as result of an extraordinary impact. |
EXTRAORDINARY IMPACT: | An impact which is reasonably determined by the County 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 Idaho Code § 67-8214(2), as it may be amended; or B. Result in the need for system improvements which are not identified in the capital improvements plan. |
FAMILY: | A. A person living alone or two (2) or more persons related by blood or marriage. B. A group of not more than ten (10) persons who need not be related by blood or marriage living together in a dwelling unit. C. Eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling unit who are supervised at the dwelling in connection with their handicap or age related infirmity, provided that no more than two (2) staff members reside in the dwelling unit at any one time. (Resident staff shall not be counted toward the "8 or fewer" criterion.) |
FEE PAYER: | The person who pays or is required to pay the county's impact fee. A fee payer may include a Developer. |
IMPACT FEE: | A payment of money imposed as condition of development approval to pay for a proportionate share of the costs of system improvements needed to serve the development. 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 hookup 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 county 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 those capital improvements, unless a written agreement is made, pursuant to Idaho Code § 67-8209(3) as it may be amended, for credit or reimbursement. | |
JOINT ADVISORY COMMITTEE: | The County and each of the Participating Fire Districts Joint Development Impact Fee Advisory Committee formed and staffed pursuant to Idaho Code § 67-8205 to recommend capital improvement plans and any amendments, revisions or updates of the same. |
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 ten (10) 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 (1) or more sections, which, in the traveling mode, is eight (8) feet 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 required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in such structure, except that such term shall include any structure which meets all the requirements of this subsection 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 U.S.C. §§ 5401 et seq. |
MODULAR BUILDING: | Any building or building component other than a manufactured/mobile home, which is constructed according to 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, shall mean 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 convenience of the occupants or users of the project. |
PROPORTIONATE SHARE: | Shall mean that portion of system improvement costs determined pursuant to Idaho Code § 67-8207 which reasonably relates to the service demands and needs of the Project. |
PUBLIC FACILITIES: | Land, buildings and equipment used for roads, streets and bridges, including rights-of-way, traffic signals, landscaping and any local component of state or federal highways; parks, open space and recreation areas, including all related capital improvements; and public safety facilities, including law enforcement which have a useful life of ten (10) years or more. |
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. |
SERVICE AREA: | Land within the boundaries of the unincorporated County as established pursuant Chapter 14, Title 31, Idaho Code, in which specific public facilities provide service to development on the basis of sound planning or engineering principles or both as identified in the county's capital improvements plan. |
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. As specifically used in this title, service units include all dwelling units as defined herein and includes, on the square foot basis, nonresidential development. |
SYSTEM IMPROVEMENTS: | In contrast to project improvements, shall mean capital improvements to public facilities which are designed to provide service to a service area. |
SYSTEM IMPROVEMENT COSTS: | Costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs, and also including, without limitation, the type of costs described in Idaho Code § 50-1702(h), as it may be amended, 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. Improvements, repair, operation or maintenance of existing or new capital; 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 county unless such costs are attributable to development of the capital improvements plan, as provided in Idaho Code § 67-8208, as it may be amended; and F. Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the county to finance capital improvements identified in the capital improvements plan. (Ord. 2021-10, -23-2021) | |