As used in this Title, the following words and terms shall have the following meanings, unless another meaning is plainly intended:
BUILDING PERMIT: The permit required for new construction and additions pursuant to Section 4-1-3
of the Municipal Code.
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, or service improvement.
CAPITAL IMPROVEMENTS PLAN: A plan adopted and amended pursuant to the provision of the Development Impact Fee Act, Idaho Code 67-8208 that identifies capital improvements for which development impact fees may be used as a funding source. The capital improvements plan is included as a part of the Development Impact Fee Report.
CITY: The City of Kellogg, a municipal corporation duly organized pursuant to the laws of the State of Idaho.
DEVELOPMENT: Any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires issuance of a building permit, or manufactured/mobile home permit, which creates additional demand and need for public facilities.
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 article. The term does not include the following:
1. A charge or fee to pay the administrative, plan review or inspection cost associated with permits required for development;
2. Connection or hookup charges;
3. Availability charges for drainage, sewer, water, or transportation charges for services provided directly to the development; or
4. 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(3), Idaho Code, for credit or reimbursement.
DEVELOPMENT REQUIREMENT: A requirement attached to a developmental approval or other 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 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:
1. 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;
2. Result in the need for system improvements which are not identified in the Capital Improvements Plan; and
3. 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 development 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 the 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, carport, or the main building intended or designed for the parking of motor vehicles in order to meet any City parking requirement 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 Development Impact Fee.
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 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 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 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 standards contained in 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: 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 that 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: Means those types of improvements described in Idaho Code 50-1703, including but not limited to the following:
1. Water supply production, treatment, storage, and distribution facilities;
2. Wastewater collection, treatment and disposal facilities;
3. Roads, streets and bridges, including rights-of-way, traffic signals, landscaping and any local components of state or federal highways;
4. Storm water collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements;
5. Parks, open space and recreation areas, and related capital improvements; and
6. Public safety facilities, including law enforcement, fire, emergency medical and rescue and street lighting facilities.
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 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.
SITE DEVELOPMENT PERMIT: The permit required by the City Building Department for construction, placement, and installation of, and additions to modular structures and manufactured/mobile homes.
SYSTEM IMPROVEMENTS: In contrast to project improvements, means capital improvements to public facilities which are designed to provide service to a service 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 improvement costs do not include:
1. Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plan;
2. Repair, operation or maintenance of existing or new capital improvements;
3. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
4. Administrative and operating costs of the City unless such costs are attributable to development of the capital improvements plan, as provided in Idaho Code 67-8208; or
5. 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.
UNIT(S) OF DEVELOPMENT: A quantifiable increment of development activity measured in terms of dwelling units, or other appropriate measurements contained in the impact fee schedule incorporated in the "Report." (Ord. 607, 2-12-2020)