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:
ACT: | The Idaho Development Impact Fee Act as set forth in Chapter 82 of Title 67, Idaho Code. |
ADVISORY COMMITTEE: | The City of Middleton Development Impact Fee Advisory Standing Committee formed and staffed by the City pursuant to Idaho Code § 67-8205 to prepare and recommend the Capital Improvements Plan and any amendments, revisions or updates of the same. |
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 Middleton Rural Fire District, which is its governing board. |
BUILDING PERMIT: | The permit required for foundations, new construction and additions pursuant to Middleton City Code § 4-1-1. |
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 Fire District Capital Facilities. |
CAPITAL IMPROVEMENTS ELEMENT: | A component of the Capital Improvements Plan identified as Exhibit III-2 Middleton Rural Fire District CIP adopted by the Fire District 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 Middleton Rural Fire District Impact Fee Study and Capital Improvements Plan recommended by the Advisory Committee and adopted by the Fire District and the City pursuant to the Act that identifies Fire District Capital Facilities for which Fire District Impact Fees may be used as a funding source. |
CITY: | The City of Middleton. |
CITY COUNCIL: | The City Council of the City of Middleton. |
COUNTY: | Canyon County. |
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 Idaho Code §§ 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 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. |
EXTRAORDINARY COSTS: | Those costs incurred as result of an extraordinary impact. |
EXTRAORDINARY IMPACT: | An impact which is reasonably determined by the Fire District to: 1. Result in the need for Fire 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 Idaho Code § 67-8214(2), as amended; or 2. Result in the need for Fire 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 District Impact Fee. A fee payer may include a developer. |
FIRE DISTRICT: | The Middleton Rural Fire District, a fire district organized and existing by virtue of the Fire Protection District Law, Chapter 14 of Title 31, Idaho Code. |
FIRE DISTRICT ADMINISTRATOR: | The Fire District Administrator of the Fire District or their designee. |
FIRE DISTRICT CAPITAL FACILITIES: | Fire District stations and equipment which is identified in Exhibit III-2 of the 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. |
FIRE DISTRICT DEVELOPMENT IMPACT FEE CAPITAL PROJECTS TRUST FUND (the "TRUST FUND"): | The Fire District Trust Fund established by action of the Board of Commissioners of the Fire District as set forth in Board of Commissioners' by resolution and pursuant to section 1-18-11 of this Chapter and pursuant to Idaho Code § 67-8210(1) into which all Fire District Impact Fees shall be deposited and maintained by the Fire District. |
FIRE DISTRICT 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: 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 Fire 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 Idaho Code § 67-8209(3) as amended, for credit or reimbursement. | |
INTERGOVERNMENTAL AGREEMENT: | The City of Middleton/Middleton Rural District Intergovernmental Agreement to Collect and Expend Development Impact Fees For Fire District Systems Improvements entered into by and between the City and the Fire District pursuant to Idaho Code § 67-8204A for the collection and expenditure of Fire District Impact Fees established pursuant to this Chapter. |
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 (10) 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: | In contrast to System Improvements, shall mean 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 Idaho Code § 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 defined by the Capital Improvements Plan. |
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 Ordinance, service units include all dwelling units intended for residential use development. |
SYSTEM IMPROVEMENTS: | In contrast to Project Improvements, shall mean 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 Fire 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 Idaho Code § 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: 1. Construction, acquisition or expansion of Public Facilities other than Capital Improvements identified in the Capital Improvements Plan; 2. Improvements, repair, operation or maintenance of existing or new capital; 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. Upgrading, updating, expanding or replacing existing Capital Improvements to provide better service to existing Development; |
5. Administrative and operating costs of the Fire District and/or the City unless such costs are attributable to Development of the Capital Improvements Plan, as provided in Idaho Code § 67-8208, as amended; and 6. Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the Fire District to finance Capital Improvements identified in the Capital Improvements Plan. | |
TRUST ACCOUNTS: | Any of one or more interest bearing accounts within the Fire District Development Impact Fee Capital Projects Trust Fund established in section 1-18-11 of this Chapter. (Ord. 634, 9-16-2020) |