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A. Procedure: The city clerk shall calculate the amount of the impact fee due for each building permit or special use permit by the procedure set forth in the report within thirty (30) days of submittal of complete permit plans for residential development and within sixty (60) days of submittal of complete permit plans for commercial development.
B. Validity: The calculation of a development impact fee shall be in accordance with generally accepted accounting principles. A development impact fee shall not be deemed invalid because payment of the fee may result in incidental benefit to owners or developers within the city, other than the person paying the fee.
C. Basis; Public Facilities: A development impact fee shall be calculated on the basis of levels of service for public facilities adopted in this chapter and in the report that are applicable to existing development as well as new growth and development. The construction, improvement, expansion or enlargement of new or existing public facilities for which a development impact fee is imposed must be attributable to the capacity demands generated by the new development.
D. Mixed Uses: If the development contains a mix of uses, the impact fee will be calculated for each type of development or use.
E. Certification: Prior to making an application for a building permit or special use permit, a prospective applicant may request in writing a written certification of the development impact fee for so long as there is no material change to the particular project or the impact fee schedule. The certification shall include an explanation of factors considered under section 67-8207, Idaho Code, and shall specify the system improvements for which the impact fee is intended to be used.
F. Individual Assessment: Individual assessment of impact fees is permitted in situations where the fee payer can demonstrate by clear and convincing evidence that the established impact fee is inappropriate.
1. Application: Individual assessments of development impact fees may be made by application to the city clerk, prior to receiving building permits or special use permits or other necessary approvals from the city. The city clerk shall evaluate such individual assessments under the guidelines provided for in subsection F4 of this section. If the guidelines are met, the individual assessments shall be approved by the city clerk and forwarded to the city council for their information.
2. Late Applications: Late applications for individual assessments may be submitted within thirty (30) days after the receipt of a building permit or special use permit only if the fee payer makes a showing that the facts supporting such application were not known or discoverable prior to receipt of a permit and that undue hardship would result if said application is not considered.
3. Decision: The city clerk shall render a written decision regarding the individual assessment and forward it to the city council within thirty (30) days of the date a complete application is submitted. Such decision shall include an explanation of the calculation of the impact fee, including an explanation of factors considered under section 67-8207, Idaho Code, and shall specify the system improvement(s) for which the impact fee is intended to be used. The decision of the city clerk, or her duly designated agent, shall establish the impact fee for the project in question for so long as there is no material change to the particular project or the impact fee schedule. After the decision is issued, certification of the individual assessment shall be allowed in accordance with subsection E of this section.
4. Conditions To Be Met: The city clerk, or her duly designated agent, shall evaluate an application for individual assessment and may approve the same if the fee payer has shown by clear and convincing evidence that the established impact fee is inappropriate and that the following facts and conditions exist:
a. Exceptional or extraordinary circumstances or conditions apply to the development that do not apply generally to other properties in the vicinity of the development.
b. An individual assessment is necessary for the reasonable and acceptable development of the property.
c. The approval of the individual assessment will not be materially detrimental to the public welfare or injurious to property in the vicinity in which the development is located.
d. The approval of the individual assessment will not adversely affect the capital improvements plan of the city.
5. Appeal Of The City Clerk's Decision: Determinations of an individual assessment shall be appealed to the city council pursuant to section 7-5-11 of this chapter.
G. Modification/Inflation: The impact fee schedule contained in the report may be modified by the city council by resolution as allowed by law. Such schedule shall be automatically adjusted annually to account for inflation based on an engineering construction index supplied by the city engineer. (Ord. 211, 4-4-2006)