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As used in this chapter, the following words and terms shall have the following meanings, unless another meaning is plainly intended:
BUILDING PERMIT: The permit required for construction, alteration and/or use of any structure pursuant to this code. Such permit is also required by this code for the placement of manufactured/mobile homes within the city.
CAPITAL IMPROVEMENTS: Improvements with a useful life of ten (10) years or more, by new construction or other action, which increase the service capacity of a public facility.
CAPITAL IMPROVEMENTS PLAN: The plan adopted and amended by the city pursuant to the provisions of the Idaho development impact fee act, title 67, chapter 82, Idaho Code, that identifies capital improvements for which development impact fees may be used as a funding source.
CITY: The city of Hayden Lake, a municipal corporation duly organized pursuant to the laws of the state of Idaho.
CITY COUNCIL: The city council of the city of Hayden Lake.
CLERK: The city clerk, or her designated agent, as appointed by the mayor and/or city council.
DEVELOPER: Any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to sections 50-1301 through 50-1334, Idaho Code.
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 a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. This term is also referred to as an impact fee in this chapter. This 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. Charges for drainage, sewer, water, or transportation facilities provided directly to the development;
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 section 67-8209(4), Idaho Code, for credit or reimbursement; or
E. Charges made for extraordinary impacts as provided herein.
DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE: The mayor and city council, acting as the city's planning and zoning commission, shall act in this capacity, performing all statutory responsibilities of this committee.
DEVELOPMENT REQUIREMENT: A requirement attached to a developmental approval or other governmental action approving or authorizing a particular development project which requirement compels the payment, dedication or contribution of goods, services, land, or money as a condition of approval.
EXTRAORDINARY COSTS: Those costs incurred as a 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 section 67-8214(2), Idaho Code;
B. Result in the need for system improvements which are not identified in the capital improvements plan; or
C. Have an impact which results in a lower than acceptable level of service.
FEE PAYER: That person who pays or is required to pay a developmental impact fee.
GROSS FLOOR AREA: The sum of the areas of the several floors of the building or structure, including areas used for human occupancy or required for the conduct of business or use, as measured from the exterior faces of the walls. It does not include cellars; unenclosed porches; or attics when not used for human occupancy; nor any floor space in an accessory building intended or designed for the parking of motor vehicles; nor nonresidential facilities; arcades; porticoes and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display, storage, service, or production areas.
IMPACT FEE: See definition of Development Impact Fee.
LAND USE ASSUMPTIONS: A description of the projections of land uses, densities, intensities, and population within the city 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 the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, 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 5401 et seq.
MODULAR BUILDING: Any building or building component, other than a manufactured/mobile home, which is constructed according to standards contained in the uniform 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: In contrast to system improvements, project improvements are site improvements and facilities that are planned and designed to provide service for a particular development project and are necessary for the use and the convenience of the occupants or users of the project.
PROPORTIONATE SHARE: That portion of the cost of system improvements determined pursuant to section 67-8207, Idaho Code, which reasonably relates to the service demands and needs of the project.
PUBLIC FACILITIES: Those types of improvements described in Idaho Code 50-1703, including, but not limited to, the following:
A. Streets, intersections, including rights of way, traffic signals, landscaping and any local component of a state or federal highway;
B. Parks, open space and recreation areas, and related capital improvements; and
C. Public safety facilities, including law enforcement related buildings.
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.
REPORT: The report entitled "City Of Hayden Lake Development Impact Fee Program/Capital Improvement Plan" dated March 2006, the entirety of which is attached as addendum A to the ordinance codified herein.
SERVICE AREA: Any defined geographic area identified by a governmental entity or by intergovernmental agreement in which specific public facilities provide service to development within the area 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.
SPECIAL USE PERMIT: The permit required for certain changes in use of real property pursuant to this code.
SYSTEM IMPROVEMENTS: In contrast to project improvements, means capital improvements to public facilities which are designed to provide service to an area including, without limitation, the type of improvements described in section 50-1703, Idaho Code.
SYSTEM IMPROVEMENTS COSTS: Costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable thereto, and also including, without limitation, the type of costs described in section 50-1702(h), Idaho Code, 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. 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. Administration and operating costs of the city unless such costs are attributable to development of the capital improvements plan, as provided in section 67-8208, Idaho Code; or
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.
UNITS OF DEVELOPMENT: A quantifiable increment of development activity measured in terms of dwelling units, square footage or other appropriate measurements contained in the report. (Ord. 211, 4-4-2006)