A. Nothing in this chapter shall prevent the Districts from requiring a developer to construct reasonable project improvements, as are required by the fire codes and other rules that are adopted by the state fire marshal, in conjunction with a development.
B. Nothing in this chapter shall be construed to prevent or prohibit private agreements between property owners or developers, the Idaho Transportation Department and governmental entities in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvements costs incurred by a developer including inter-project transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one (1) development project. Any credit or reimbursement determinations shall be the responsibility of the Districts. The City shall recognize credits, to be subtracted from the impact fee due, only upon receipt of the Districts’ written determination and calculation of the credit due to the fee payer.
C. Nothing in this chapter shall obligate the City to approve development that results in an extraordinary impact.
D. Nothing in this chapter shall obligate the Districts to approve any development request, which may reasonably be expected to reduce levels of service below minimum acceptable levels established in this chapter.
E. Nothing in this chapter shall be construed to create any additional right to develop real property or diminish the City in regulating the orderly development of real property within its boundaries.
F. Nothing in this chapter shall work to limit the use by the City of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues.
G. Nothing herein shall restrict or diminish the power of the City to annex property into its territorial boundaries or exclude property from its territorial boundaries upon request of a developer or owner, or to impose reasonable conditions thereon, including the recovery of project or system improvements costs required as a result of such voluntary annexation.
H. The Districts shall develop a plan for alternative sources of revenue, which shall include but not necessarily be limited to plans generated during the Districts’ annual budget process, lobbying efforts, tax increment financing, and implementation of user fees, administrative and regulatory fees and other forms of revenue.
I. Notwithstanding any other provision of this chapter, that portion of a project for which a complete application for a building permit has been received by the City, prior to the effective date of this chapter, shall not be subject to the Fire and/or EMS impact fee imposed by this chapter. If the resulting building permit is later revised or replaced after the effective date of the ordinance codified in this chapter, and the new building permit(s) reflects a development density, intensity, development size or number of units more than ten (10) percent higher than that reflected in the original building permit, then the Fire and/or EMS impact fee may be charged on the difference in density, intensity, development size or number of units between the original and the revised or replacement building permit.
K. If either District discovers an error in the capital improvements plan that results in assessment or payment of more than a proportionate share of system improvements costs on any proposed development, the Districts administrator shall:
1. Adjust the Fire and/or EMS impact fee to collect no more than a proportionate share; or
2. Discontinue the collection of any Fire and/or EMS impact fees until the error is corrected by ordinance.
L. If Fire and/or EMS impact fees are calculated and paid based on a mistake or misrepresentation, they shall be recalculated by the Districts or fee payer. Any amounts overpaid by a fee payer shall be refunded by the Districts within thirty (30) days after the Districts’ acceptance of the recalculated amount, with interest at the legal rate provided for in IC § 28-22-104 from the date on which the fee was paid. Any amounts underpaid by the fee payer shall be paid to the Districts from the fee payer within thirty (30) days after the Districts’ administrator’s acceptance of the recalculated amount, as recalculated by the Districts or the fee payer, with interest at the legal rate provided for in IC § 28-22-104 from the date on which the fee was paid. All issuing of refunds shall be the responsibility of the Districts. In the case of an underpayment to the Districts, the administrator may request the City in writing and the City may withhold issuance of the building permits or development approval for the project for which the Fire and/or EMS impact fee was paid until such underpayment is corrected, and if amounts owed to the Districts are not paid within such thirty-day period, the Districts’ administrators may also ask the City in writing to and the City may revoke any building permits or development approval issued in reliance on the previous payment of such Fire and/or EMS impact fee and the District may refund such fee to the fee payer.
M. The Advisory Committee that was established during the preparation of the capital improvements plan shall continue in existence. (Ord. 637, 8-23-2022)