As used in this chapter, the following words and terms shall have the following meanings, unless another meaning is plainly intended and words and terms appearing in the singular number includes the plural and the plural the singular:
ACCOUNTS: | Any of one or more interest bearing accounts within the Fire or EMS District’s Development Impact Fee Capital Projects Trust Fund established in section 9-3-9 of this chapter. |
ACT: | The Idaho Development Impact Fee Act as set forth in Chapter 82 of Title 67, Idaho Code. |
ADMINISTRATIVE FEE: | The administrative fee charged by the City of Hayden pursuant to the Intergovernmental Agreements between the City and the Districts, which will be subtracted from the impact fees for each District before the impact fees are transmitted to the Districts. |
APPROPRIATE: | To legally obligate by contract or otherwise commit to the expenditure of funds by appropriation or other official act of the board of commissioners. |
BOARD OF COMMISSIONERS: | The board of commissioners of the Northern Lakes Fire Protection District or Kootenai County Emergency Medical Services Systems Board of Commissioners, which are their governing boards. |
BUILDING PERMIT: | The permit required for foundations, new construction and additions. |
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 District capital facilities. |
CAPITAL IMPROVEMENTS ELEMENT: | A component of the capital improvements plans identified in the Districts’ CIPs adopted by the Districts and the City pursuant to Chapters 65 and 82 of Title 67, Idaho Code, and as amended, which component meets the requirements of the capital improvements plan required by the Act. |
CAPITAL IMPROVEMENTS PLAN: | The Northern Lakes Fire Protection Districts Impact Fee Study and capital improvements plan, and the Kootenai County Emergency Medical Services Systems Impact Fee Study and capital improvements plan, recommended by the City’s Development Impact Fee Advisory Committee and adopted by the Districts and the City pursuant to the act that identifies District capital facilities for which Fire and EMS impact fees may be used as a funding source and attached to Ordinance No. 637 as Exhibit A. |
CITY: | The City of Hayden. |
CITY COUNCIL: | The City council of the City of Hayden. |
DEVELOPER: | Any person or legal entity undertaking development including a development that seeks an annexation into the City and/or undertakes the subdivision of property pursuant to IC §§ 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 annexation into the City and/or 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 CAPITAL PROJECTS TRUST FUND (the “TRUST FUND”): | The Districts’ individual trust funds established by action of the board of commissioners of the Districts. |
DEVELOPMENT REQUIREMENT: | A requirement attached to a developmental approval or other City 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. |
DISTRICT/DISTRICTS: | The Northern Lakes Fire Protection District, a fire district organized and existing by virtue of the Fire Protection Districts Law, Chapter 14 of Title 31, Idaho Code, and the Kootenai County Emergency Medical Services System (KCEMSS). |
DISTRICT(S) ADMINISTRATOR: | The officer of administration of the District, or her, or his designee. |
DISTRICTS CAPITAL FACILITIES: | District facilities, stations, apparatus, vehicles and equipment, which is identified in Exhibit III-4 of the Fire District capital improvements plan and Exhibit III-2 of the EMS District capital improvements plan, and specifically including those related costs including system improvements costs, but not including maintenance, operations, or improvements that do not expand their capacity. |
EXTRAORDINARY COSTS: | Those costs incurred as result of an extraordinary impact. |
EXTRAORDINARY IMPACT: | An impact, which is reasonably determined by the Districts to: |
A. Result in the need for District 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 IC § 67-8214(2), as amended; or | |
B. Result in the need for District system improvements which are not identified in the capital improvements plan. | |
FEE PAYER: | The person who pays or is required to pay a Fire and/or EMS impact fee. A fee payer may include a developer. |
FIRE AND/OR EMS 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 the development. 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 District 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 those capital improvements, unless a written agreement is made, pursuant to IC § 67-8209(3) as amended, for credit or reimbursement. | |
INTER-GOVERNMENTAL AGREEMENT: | The City of Hayden and Northern Lakes Fire Protection District Intergovernmental Agreement to Collect and Expend Development Impact Fees for Fire District Systems Improvements and the City of Hayden and Kootenai County Emergency Medical Services System Intergovernmental Agreement to Collect and Expend Development Impact Fees for EMS District Systems Improvements entered into by and between the City and the Districts pursuant to IC § 67-8204A for the collection and expenditure of Fire and EMS impact fees established pursuant to this chapter and attached to Ordinance No. 637 as Exhibits B & C respectively. |
DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE: | The City of Hayden Development Impact Fee Advisory Committee formed by the City pursuant to IC § 67-8205 to assist in the preparation of and to recommend the capital improvements plan and any amendments, revisions or updates of the same. |
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 ten-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 (1) or more sections, which, in the traveling mode, is eight (8) feet 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 subsection 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 U.S.C. §§ 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. |
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: | 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 system improvements costs determined pursuant to IC § 67-8207 which reasonably relates to the service demands and needs of the project. |
PUBLIC FACILITIES: | Land, buildings and equipment used for fire protection, emergency medical and rescue, and water supply production, storage and distribution facilities which have a useful life of ten (10) years or more. |
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 within the city limits, including any areas annexed thereto subsequent to the date of this Agreement, and as identified by the Districts in which specific public facilities provide service to development within the areas defined, on the basis of sound planning or engineering principles or both. For the purposes of this chapter, there shall be one service area encompassing all areas within the city limits that are also within Fire District and EMS District boundaries, including all subsequently annexed areas. |
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. As specifically used in this chapter, service units include dwelling units as defined in City code and square feet of nonresidential development. |
SYSTEM IMPROVEMENTS: | Capital improvements to public facilities which are designed to provide service to a service area. For the purpose of this chapter, system improvements are for District 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 IC § 50-1702(h), as amended, to provide additional public facilities needed to service new growth and development. For clarification, system improvements costs do not include: |
A. Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plan; | |
B. Improvements, repair, operation or maintenance of existing or new capital; | |
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 Districts and/or the City unless such costs are attributable to development of the capital improvements plan, as provided in IC § 678208, as amended; and | |
F. Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the Districts to finance capital improvements identified in the capital improvements plan. (Ord. 637, 8-23-2022) | |