A. Building Permit: Upon submittal of complete building permit plans, the city shall calculate the development impact fees in accordance with this chapter within thirty (30) days of submittal.
B. Exemption: An exemption must be claimed by the fee payer upon application for a building permit. Any exemption not so claimed shall be deemed waived by the fee payer. Applications for exemption shall be submitted to and determined by the city within ninety (90) days.
C. Using An Individual Assessment:
1. In lieu of calculating the amount of development impact fees by reference to section 15.16.130, exhibit A of this chapter, a fee payer may request that the amount of the required development impact fee be determined through an individual assessment for the proposed development. The individual assessment process shall permit consideration of studies, data, and any other relevant information submitted by the fee payer to adjust the amount of the fee. If a fee payer requests the use of an individual assessment, the fee payer shall be responsible for retaining a qualified professional to prepare the individual assessment that complies with the requirements of this chapter, at the fee payer's expense. The fee payer shall, at the fee payer's expense, bear the burden of proving by clear and convincing evidence that the resulting individual assessment complies with the requirements of this chapter. The fee payer shall bear the burden of proving by clear and convincing evidence that the resulting individual assessment is a more accurate measure of its proportionate share of the cost of city capital improvements, based on the city's adopted levels of service, than the development impact fees that would otherwise be due pursuant to the schedule set forth in section 15.16.130, exhibit A of this chapter.
2. Each individual assessment shall be based on the same level of service standards and unit costs for system improvements used in the development impact fee study, shall use an average cost (not a marginal cost) methodology, and shall document the relevant methodologies and assumptions used.
3. An application for an individual assessment may be submitted at any time that the types and amounts of development in each category identified in section 15.16.130, exhibit A of this chapter are known. The city shall issue a decision within thirty (30) days following receipt of a completed application for individual assessment and supporting information from the applicant, so as not to unreasonably delay subsequent applications for or issuance of building permits.
4. Each individual assessment shall be submitted to the development impact fee administrator, and may be accepted, rejected, or accepted with modifications by the development impact fee administrator as the basis for calculating development impact fees. The criteria for acceptance, rejection or acceptance with modifications shall be whether the individual assessment is more accurate measure of demand for the city capital improvements element(s) created by the proposed development, or the costs of those facilities, than the applicable fee shown in section 15.16.130, exhibit A of this chapter.
5. The decision by the development impact fee administrator on an application for an individual assessment shall include an explanation of the calculation of the development impact fee, shall specify the system improvement(s) for which the development impact fee is intended to be used, and shall include an explanation of those factors identified in Idaho Code section 67-8207.
6. If an individual assessment is accepted or accepted with modifications by the development impact fee administrator, then the development impact fees due under this chapter for such development shall be calculated according to such individual assessment.
D. Extraordinary Impacts:
1. If the city determines that a proposed development generates extraordinary impacts that will result in extraordinary costs, the city will notify the fee payer of such determination within thirty (30) days after receipt for a certification pursuant to subsection E of this section, or a request for a building permit of development approval, whichever occurs first. Such notice shall include a statement that the potential impacts of such development on system improvements are not adequately addressed by development impact fee study, and that a supplemental study at the fee payer's expense will be required.
2. Circumstances that may lead to a determination of extraordinary impacts include, but are not limited to: a) an indication that traffic generation from the proposed development or activity will exceed those typical for a facility or activity of its type; b) an indication that employment generated by the development or activity will exceed those typical for a facility or activity of its type; c) an indication the assumptions used in the development impact fee study underestimate the level of activity or impact on city capital facilities from the proposed development or activity; or d) an indication that levels of calls for fire or emergency services from developments or activities owned or operated by the fee payer or its agents will exceed assumptions used in the development impact fee study.
3. Within thirty (30) days following the designation of a development with extraordinary impacts, the city shall meet with the fee payer to discuss whether the fee payer wants to: a) pay for the supplemental study necessary to determine the system improvement costs related to the proposed development; or b) modify the proposal to avoid generating extraordinary impacts; or c) withdraw the application for certification, building permit or development approval.
4. If the fee payer agrees to pay for the supplemental study required to document the proposed development's proportionate share of system improvement costs, then the city and the fee payer shall jointly select an individual or organization acceptable to both to perform such study. The fee payer shall enter into a written agreement with such individual or organization to pay the costs of such study. Such agreement shall require the supplemental study to be completed within thirty (30) days of such written agreement, unless the fee payer agrees to a longer time.
5. Once the study has been completed, the fee payer may choose to: a) pay the proportionate share of system improvement costs documented by the supplemental study; or b) modify the proposed development to reduce such costs; or c) withdraw the application. If the fee payer agrees to pay the system improvement costs documented in the supplemental study, that agreement shall be reduced to writing between the city and the fee payer prior to review and consideration of any application for any development approval or building permit related to the proposed development.
6. Notwithstanding any agreement by the fee payer to pay the proportionate share of system improvement costs documented by the supplemental study, nothing in this chapter shall obligate the city to approve development that results in an extraordinary impact.
E. Certification: After the development impact fees due for a proposed development have been calculated pursuant to section 15.16.130, exhibit A of this chapter or the individual assessment, the fee payer may request the development impact fee administrator or a designee for a certification of the amount of development impact fees due for that development. Within thirty (30) days after receiving such request, the development impact fee administrator shall issue a written certification of the amount of development impact fees due for the proposed development. Such certification shall establish the development impact fee so long as there is no material change to the particular project as identified in the individual assessment application, or the impact fee schedule set forth in section 15.16.130, exhibit A of this chapter. The certification shall include an explanation of the calculation of the impact fee, including an explanation of factors considered under Idaho Code section 67-8207 and shall also specify the system improvement(s) for which the development impact fee is intended to be used. (Ord. 1204, 2016; Ord. 985 § 1, 2007)