A. When a developer or their predecessor in title or interest has constructed system improvements of the same category as a capital improvements element, or contributed or dedicated land or money towards the completion of system improvements of the same category as the capital improvements element, and the county has accepted such construction, contribution or dedication, the county shall issue a credit against the impact fees otherwise due for the same capital improvements element in connection with the proposed development, as set forth in this section, credit shall be issued regardless of whether the contribution or dedication to system improvements was required by the county as a condition of development approval or was offered by the developer and accepted by the county in writing, and regardless of whether the contribution or dedication was contributed by the developer or by a local improvement district controlled by the developer.
B. Credits against an Impact Fee shall not be given for:
1. Project Improvements; or
2. Any construction, contribution or dedication not agreed to in writing by the County prior to commencement of the construction, contribution, or dedication.
Credits issued for one capital improvements element may not be used to reduce impact fees due for a different capital improvement. No credits shall be issued for system improvements contributed or dedicated prior to the effective date of this chapter.
C. Valuation of Credit at Present Value:
1. Land: Credit for qualifying land dedications shall, at the fee payer's option, be valued at the present value of one hundred percent (100%) of the most recent assessed value for such land as shown in the records of the county assessor.
2. Improvements: Credit for qualifying acquisition or construction of system improvements shall be valued by the county at the present value of such improvements based on complete engineering drawings, specifications, and construction cost estimates submitted by the fee payer to the county. The county shall determine the amount of credit due based on the information submitted, or, if it determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the county as a more accurate measure of the value of the offered system improvements to the county
D. When Credits Become Effective:
1. Land: Approved credits for land dedications shall become effective when the land has been conveyed to the county in a form acceptable to the county, at no cost to the county, and has been accepted by the county. Upon request of the fee payer, the county shall issue a letter stating the amount of credit available.
2. Improvements: Approved credits for acquisition or construction of system improvements shall generally become effective when:
a. All required construction has been completed and has been accepted by the county;
b. A suitable maintenance and warranty bond has been received and approved by the county; and
c. All design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable requirements of the county and the state of idaho. Upon request of the fee payer, the county shall issue a letter stating the amount of credit available.
E. Credit Request Process:
1. Request: In order to obtain a credit against an impact fee otherwise due, a fee payer shall submit to the county a written offer of request to dedicate to the county specific parcels of qualifying land or a written offer to contribute or construct specific system improvements to the capital facilities in accordance with all applicable state or county design and construction standards, and shall specifically request a credit against the type of impact fee for which the land dedication or system improvements is offered.
2. Review: After receipt of the written offer of request for credit, the county shall review the request and determine whether the land or system improvements offered for credit will reduce the costs of providing capital facilities by an amount at least equal to the value of the credit. If the county determines that the offered credit satisfies that criteria and will be acceptable to the County Board of Commissioners, then the credit shall be issued. The county shall complete its review and determination of an application within thirty (30) days after receipt of an application for credit.
3. Credits Exceeding Fee Amounts Due: If the credit due to a fee payer pursuant to subsection C exceeds the impact fee that would otherwise be due from the fee payer pursuant to the chapter (whether calculated through the impact fee schedule in section 3 of this chapter or through an individual assessment), the fee payer may choose to receive such credit in the form of either:
a. A credit against future impact fee due for the same system improvements; or
b. A reimbursement from impact fees paid by future development that impacts the system improvements contributed or dedicated by the fee payer.
Unless otherwise stated in an agreement with the fee payer, the county shall be under no obligation to use any of the county funds - other than impact fees paid by other development for the same system improvements - to reimburse the fee payer for any credit in excess impact fees that are due.
4. Written Agreement Required: If credit or reimbursement is due to the fee payer pursuant to this section, the county shall enter into a written agreement with the fee payer, negotiated in good faith, prior to the contribution, dedication, or funding of the system improvements giving rise to the credit. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement, and shall have a term not exceeding ten (10) years.
5. The county's determination on the written offer of request for credit shall be provided to the fee payer. (Ord. 2021-10, -23-2021)