A. Establishment of Service Areas: There is hereby established a service area which service area includes all land in unincorporated Gem County.
B. Imposition of Impact Fees: Impact fees for the county are hereby imposed on all new development located within unincorporated Gem County.
C. Fee Schedule. Impact fees shall be calculated in accordance with the fee schedule set forth below providing for standard fees based on the total number of dwelling units or square feet of nonresidential space in the development, unless:
1. The fee payer requests an individual assessment pursuant to section 6 of this chapter; or
2. The county finds the development will have an extraordinary impact pursuant to section 9 of this chapter.
The methodology for determining the costs per service unit provided for in the fee schedule is set forth in the County's Capital Improvements Plan as adopted by the County pursuant to Idaho Code§ 67-8208, as it may be amended.
Impact Fee Schedule:
1. Sheriff:
a. Residential (per Dwelling Unit): $277.00.
b. Non-Residential (per square foot): $0.11.
2. Roads and Bridges:
a. Residential (per Single-Family Dwelling Unit): $7,326.00.
b. Residential (per Multi-Family Dwelling Unit): $4,249.00.
c. Non-Residential (per retail square foot): $17.67.
d. Non-Residential (per office square foot): $10.94.
e. Non-Residential (per industrial square foot): $3.92.
3. EMS: Residential (per Dwelling Unit): $401.00.
D. Developer's Election: A developer shall have the right to elect to pay a project's proportionate share of system improvements costs by payment of impact fee according to the fee schedule as full and complete payment of the development project's proportionate share of system improvements costs, except as provided in Idaho Code § 67-8214(3), as it may be amended.
E. Procedures:
1. Building Permit: Upon submittal of complete building permit plans or manufactured home installation permit for the development to the county, the county shall calculate the impact fee for the development within thirty (30) days of submittal unless:
a. The fee payer had previously requested and been granted an individual assessment pursuant to this chapter; or
b. The county has previously determined the development may have an extraordinary impact pursuant to this chapter.
F. Exemptions. The provisions of this chapter shall not apply to the following:
1. Rebuilding the same amount of floor space of a structure which is destroyed by fire or other catastrophe, provided the structure is rebuilt and ready for occupancy within two (2) years of its destruction;
2. Remodeling or repairing a structure which does not increase the number of service units;
3. Replacing a residential unit, including a manufactured/mobile home, with another residential unit on the same lot; provided that, the number of service units does not increase;
4. Placing a temporary construction trailer, office or an RV used as living quarters per Gem County Code on a lot;
5. Constructing an addition on a residential structure which does not increase the number of service units;
6. Adding uses that are typically accessory to residential uses, such as tennis court or a clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements; or
7. The installation of a modular building, manufactured/mobile home or recreational vehicle if the fee payer can demonstrate by documentation such as utility bills and tax records that either:
a. A modular building, manufactured/mobile home or recreational vehicle was legally in place on the lot or space prior to the effective date of this chapter; or
b. An impact fee has been paid previously for the modular building, manufactured/mobile home or recreational vehicle on that same lot or space.
G. Exemption Claim Process: A fee payer shall claim an exempt development activity upon application of a building permit or manufactured/mobile home installation permit, or if no building permit or manufactured/mobile home installation permit required, prior to the time construction commences. Any exemption not so claimed shall be deemed waived by the fee payer. Claims for exemption shall be determined by the county within fifteen (15) days of receipt of the claim for exemption. (Ord. 2021-10, -23-2021)