As used in this chapter, the following words and terms shall have the following meanings, unless another meaning is plainly intended:
ACCOUNTS: The parks capital facilities account, the transportation capital facilities account, the police capital facilities account, the fire/EMS capital facilities account, and the capital improvement plan account, established as part of the development impact fee trust fund established in section 15.16.070.03 of this chapter.
APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or other official act of a governmental entity.
BUILDING PERMIT: The permit required for foundations, new construction and additions pursuant to chapter 15.08 of this title, as amended.
CAPITAL IMPROVEMENT ELEMENT: A component of the city of Hailey comprehensive plan adopted pursuant to Idaho Code title 67, chapters 65 and 82, and as amended, which component meets the requirements of the capital improvements plan.
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 a public facility.
CAPITAL IMPROVEMENTS PLAN: A plan adopted pursuant to the development impact fee act, Idaho Code section 67-8201 et seq., that identifies capital improvements for which development impact fees may be used as a funding source.
CHILDCARE FACILITY: Any business, home or establishment which provides childcare.
CITY: The city of Hailey, Idaho.
CITY COUNCIL: The city council of the city of Hailey, Idaho.
DEVELOPER: Any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to Idaho Code sections 50-1301 through 50-1334, as 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 or the 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 city which authorizes the commencement of a development.
DEVELOPMENT 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 development. In the context of this chapter, development impact fee shall mean one of the four (4) impact fees defined for the four (4) city capital facilities elements, and development impact fees (in the plural) shall mean all five (5) impact fees (or all of them that apply to the proposed development pursuant to section 15.16.130, exhibit A of this chapter). 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 city 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 the capital improvements, unless a written agreement is made pursuant to Idaho Code section 67-8209(3), as amended, for credit or reimbursement.
DEVELOPMENT IMPACT FEE ADMINISTRATOR: The community development director of the city of Hailey, Idaho, or his or her designee.
DEVELOPMENT IMPACT FEE STUDY: The document entitled "2021 Development Impact Fees," dated August 4, 2021 prepared by D.P. Guthrie, LLC for the City, that sets forth reasonable methodologies and analyses for determining the impacts of various types of development on the City Capital Facilities and determines the cost of expansions to those facilities necessary to meet the demands created by new development. The Development Impact Fee Study has been updated in accordance with previous studies dated March 23, 2007, April 13, 2012 and May 27, 2016.
DEVELOPMENT IMPACT FEE TRUST FUND OR TRUST FUND: The trust fund established by section 15.16.070.03 of this chapter that includes a: a) parks capital facilities account; b) transportation capital facilities account; c) police capital facilities account; d) fire/EMS capital facilities account; and e) capital improvement plan account.
DEVELOPMENT REQUIREMENT: A requirement attached to a developmental approval or other 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.
EXTRAORDINARY COSTS: Those costs incurred as result of an extraordinary impact.
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the city 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 section 67-8214(2), as amended; or b) result in the need for system improvements which are not identified in the capital improvements plan.
FEE PAYER: The person who pays or is required to pay a development impact fee. A fee payer may include a developer.
FIRE/EMS CAPITAL FACILITIES: Lands, as well as buildings, improvements to land, and related equipment and vehicles meeting the definition of capital improvement, used for fire and emergency medical service facilities included in the calculation of the fire/EMS impact fee in the development impact fee study, and specifically including those related costs included in the definition of system improvement cost, but not including maintenance, operations or improvements that do not expand capacity.
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 twenty (20) 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 or more sections, which, in the traveling mode, is eight feet (8') 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 definition 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 USC section 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.
NET FLOOR AREA: The sum of the horizontal areas of all floors in a building including basements but not including open unenclosed decks, exterior circulation, common hallways, mechanical equipment rooms, parking areas, common areas, public bathrooms or storage areas in basements. Net floor area is calculated based on square footage, beginning with square footages of six hundred (600) or less, with categories for each four hundred (400) additional square feet, with the largest category being three thousand (3,000) square feet or greater.
PARK CAPITAL FACILITIES: Open space lands, as well as buildings, improvements to land, and related equipment meeting the definition of "capital improvements", as defined in this section, used for public parks, recreation, open space and trail facilities included in the calculation of the park impact fee in the development impact fee study, and specifically including those related costs included in the definition of "system improvement costs", as defined in this section, but not including maintenance, operations or improvements that do not expand capacity.
POLICE CAPITAL FACILITIES: Lands, as well as buildings, improvements to land, and related equipment and vehicles meeting the definition of "capital improvements", as defined in this section, used for police facilities included in the calculation of the police impact fee in the development impact fee study, and specifically including those related costs included in the definition of "system improvement costs", as defined in this section, but not including maintenance, operations or improvements that do not expand capacity.
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: That portion of the cost of system improvements determined pursuant to Idaho Code section 67-8207, which reasonably relates to the service demands and needs of the project.
PUBLIC FACILITIES:
A. Water supply production, treatment, storage and distribution facilities;
B. Wastewater collection, treatment and disposal facilities;
C. Roads, streets, bridges, sidewalks and bike paths, including rights of way, traffic signals, landscaping and any local components of state or federal highways;
D. Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements;
E. Parks, open space and recreation areas, and related capital improvements; and
F. Public safety facilities, including law enforcement, fire, emergency medical and rescue and street lighting facilities.
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: Any defined geographic area identified by the city in which specific public facilities provide service to development within the areas defined, on the basis of sound planning or engineering principles, or both.
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.
SYSTEM IMPROVEMENTS: In contrast to project improvements, shall mean capital improvements to public facilities which are designed to provide service to a service area including, without limitation, the type of improvements described in Idaho Code section 50-1703, as amended. For the purpose of this chapter, the system improvements are the park capital facilities, transportation capital facilities, police capital facilities and fire/EMS capital facilities.
SYSTEM IMPROVEMENTS 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 section 50-1702(h), as 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. Repair, operation or maintenance of existing or new capital improvements;
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 city unless such costs are attributable to development of the capital improvements plan, as provided in Idaho Code section 67-8208, as amended;
F. Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the city to finance capital improvements identified in the capital improvements plan.
TRANSPORTATION FACILITIES: Lands, improvements to land, and equipment meeting the definition of capital improvement, used for the system of traffic signals and for the widening of bridges on arterial and collector roads, included in the calculation of the road impact fee in the development impact fee study, and consistent with the capital improvements element, and specifically including those related costs included in the definition of system improvement costs, but not including maintenance, operations or improvements that do not expand capacity. (Ord. 1293 § 2, 3, 2021; Ord. 1204, 2016; Ord. 1110, 2012; Ord. 985 § 1, 2007)