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5A-1-1: SHORT TITLE, APPLICABILITY, EXEMPTIONS, AND PURPOSE:
   A.   Short title: This chapter shall be known and may be cited as the City of Parma Development Impact Fee Ordinance.
   B.   Findings: The Parma, Idaho City Council finds that:
      1.   The City of Parma is experiencing considerable growth and development.
      2.   The new growth and development occurring within the City of Parma will place ever-increasing demands on the City to provide, improve and expand existing public facilities to serve that new growth and development and the tax revenues generated from that new growth and development often does not generate sufficient funds to provide the necessary improvements and expansion of the public facilities to protect the public health, safety and welfare.
   Those users that create the increased demand should bear their proportionate share of the cost of public facilities needed to serve the new growth and development.
   C.   Authority: Title 67, Chapter 82, Idaho Code.
   D.   Applicability: This ordinance applies to all new development and construction within the City limits of the City of Parma, Idaho.
   E.   Purpose: The intent of this chapter is to ensure that new residential and non-residential development bears a proportionate share of the cost of System Improvements; to ensure that such proportionate share does not exceed the cost of such System Improvements required to accommodate new Development; and to ensure that funds collected from new Development are actually used for System Improvements in accordance with the Act. (Ord. 617, 2-14-2023)
5A-1-2: DEFINITIONS:
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:
ACCOUNT:
The interest-bearing account within the Impact Fee Capital Projects Fund as established in this chapter.
ADVISORY COMMITTEE:
The City's Development Impact Fee Advisory Committee ("Advisory 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:
Shall mean to legally obligate by contract or otherwise commit to the expenditure of funds by appropriation or other official act of the Board of Commissioners.
BUILDING PERMIT:
The permit required for foundations, new construction and additions pursuant to Parma City Code.
CAPITAL FACILITIES:
Land, buildings, apparatus, vehicles and equipment as identified in the City's Capital Improvements Plan as adopted by the City, and specifically including those related costs including System Improvement Costs, but not including maintenance, operations, or improvements that do not expand their capacity.
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 the City's public facilities
CAPITAL IMPROVEMENTS ELEMENT:
A component of the Capital Improvements Plan adopted by the City pursuant to Chapters 65 and 82 of Title 67, Idaho Code, as they may be amended, which component meets the requirements of the capital improvements plan required by the Act.
CAPITAL IMPROVEMENTS PLAN:
The Impact Fee Study and Capital Improvements Plan recommended by the Development Impact Fee Advisory Committee and adopted by the City that identifies the Capital Facilities for which the City's Impact Fees may be used as a funding source.
CAPITAL PROJECTS FUND (the "Capital Projects Fund"):
Shall mean and refer to the City's Development Impact Fee Capital Projects Fund established by action of the City Council pursuant to this code and Idaho Code § 67-8210(1).
CITY:
City of Parma, Idaho.
CITY COUNCIL:
The Parma City Council.
DEVELOPER:
Any person or legal entity undertaking Development and/or the subdivision of property pursuant to Idaho Code §§ 50-1301 through 50-1334, as may be 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 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.
DWELLING UNIT:
Any structure, or portion thereof, providing living facilities for one family as herein defined, including provisions for living, sleeping, eating, cooking and sanitation.
EXTRAORDINAR Y COSTS:
Those costs incurred as result of an extraordinary impact.
EXTRAORDINAR Y 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 Idaho Code § 67-8214(2), as it may be amended; or
   B.   Result in the need for system improvements which are not identified in the Capital Improvements Plan.
FEE PAYER:
The person who pays or is required to pay the City's Impact Fee. A fee payer may include a Developer.
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 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 those Capital Improvements, unless a written agreement is made, pursuant to Idaho Code § 67-8209(3) as it may be amended, for credit or reimbursement.
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 Improvement Costs determined pursuant to Idaho Code § 67-8207 which reasonably relates to the service demands and needs of the Project.
PUBLIC FACILITIES:
Land, public safety facilities, including fire and law enforcement, apparatus, vehicles and equipment 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:
Land within the boundaries of the City as established pursuant to this Title, in which specific Public Facilities provide service to Development on the basis of sound planning or engineering principles or both as identified in the City's 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 as defined herein and includes, on the square foot basis, nonresidential 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.
SYSTEM IMPROVEMENT 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 it may be amended, to provide additional Public Facilities needed to service new growth and Development. For clarification, System Improvement 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 City unless such costs are attributable to Development of the Capital Improvements Plan, as provided in Idaho Code § 67-8208, as it may be 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 City to finance Capital Improvements identified in the Capital Improvements Plan. (Ord. 617, 2-14-2023)
 
5A-1-3: ESTABLISHMENT OF SERVICE AREAS; IMPOSITION OF IMPACT FEE; FEE SCHEDULE; EXEMPTIONS:
   A.   Establishment of Service Areas. There is hereby established a Service Area which Service Area includes all land in the City of Parma.
   B.   Imposition of Impact Fees. Impact Fees for the City are hereby imposed on all new Development located within the City of Parma.
   C.   Fee Schedule. Impact Fees shall be calculated in accordance with the fee schedule set forth below providing for standard fees based on the total number of Dwelling Units or square feet of nonresidential space in the Development, unless (a) the Fee Payer requests an individual assessment pursuant to section this Title; or (b) the City finds the Development will have an Extraordinary Impact pursuant to this Title. The methodology for determining the costs per service unit provided for in the fee schedule is set forth in the City's Capital Improvements Plan as adopted by the City pursuant to Idaho Code § 67-8208, as it may be amended.
Parks and Recreation
Single-Family (per Dwelling Unit)
$1,342.00
Multifamily (per Dwelling Unit)
$556.00
Transportation Multimodal
Single-Family (per Dwelling Unit)
$722.00
Multifamily (per Dwelling Unit)
$300.00
Transportation- Roadways
Single-Family Residential (per Dwelling Unit)
$474.00
Multi-Family Residential (per Dwelling Unit)
$132.00
Nonresidential -Retail (per 1000 sq. ft)
$804.00
Nonresidential-Office (per 1000 sq. ft.)
$310.00
Nonresidential-Industrial (per 1000 sq. ft)
$139.00
Non-Residential-Institutional (per 1000 sq. foot)
$558.00
Fire Protection
Single-Family Residential (per Dwelling Unit)
$1,984.00
Multi-Family Residential (per Dwelling Unit)
$825.00
Nonresidential -Retail (per 1000 sq. ft)
$4,126.00
Nonresidential-Office (per 1000 sq. ft.)
$1,590.00
Nonresidential-Industrial (per 1000 sq. ft)
$734.00
Non-Residential-Institutional (per 1000 sq. foot)
$3,314.00
 
   D.   Procedures:
      1.   Building Permit. Upon submittal of complete building permit plans or manufactured home installation permit for the Development to the City, the City shall calculate the Impact Fee for the Development within thirty (30) days of submittal unless:
         a.   The Fee Payer had previously requested and been granted an individual assessment pursuant to this chapter; or
         b.   The City has previously determined the Development may have an Extraordinary Impact pursuant to this chapter.
   E.   Exemptions. The provisions of this chapter shall not apply to the following:
      1.   Rebuilding the same amount of floor space of a structure which is destroyed by fire or other catastrophe, provided the structure is rebuilt and ready for occupancy within two (2) years of its destruction;
      2.   Remodeling or repairing a structure which does not increase the number of Service Units;
      3.   Replacing a residential unit, including a manufactured/mobile home, with another residential unit on the same lot; provided that, the number of Service Units does not increase;
      4.   Placing a temporary construction trailer or office on a lot;
      5.   Constructing an addition on a residential structure which does not increase the number of Service Units;
      6.   Adding uses that are typically accessory to residential uses, such as tennis court or a clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of System Improvements; or
      7.   The installation of a modular building, manufactured/mobile home or recreational vehicle if the Fee Payer can demonstrate by documentation such as utility bills and tax records that either: (a) a modular building, manufactured/mobile home or recreational vehicle was legally in place on the lot or space prior to the effective date of this chapter; or (b) an Impact Fee has been paid previously for the modular building, manufactured/mobile home or recreational vehicle on that same lot or space.
   F.   Exemption Claim Process. A Fee Payer shall claim an exempt development activity upon application of a building permit or manufactured/mobile home installation permit, or if no building permit or manufactured/mobile home installation permit required, prior to the time construction commences. Any exemption not so claimed shall be deemed waived by the Fee Payer. Claims for exemption shall be determined by the City within fifteen (15) days of receipt of the claim for exemption. (Ord. 617, 2-14-2023)
5A-1-4: COLLECTION OF IMPACT FEES; ENFORCEMENT:
   A.   Payment of Fees. The Impact Fee shall be paid to the City at the following times:
      1.   If a Building Permit or manufactured/mobile home installation permit is required, then before or at the time the permit is issued;
      2.   If no Building Permit or manufactured/mobile home installation permit is required, then at the time that construction commences; or
      3.   At such other time as the Fee Payer or Developer and the City have agreed upon in writing.
   B.   Enforcement. When any Impact Fee is due pursuant to this chapter, or pursuant to the terms of any written agreement between a Fee Payer and the City, and such Impact Fee has not been paid in a timely manner, the City may exercise any or all of the following powers as applicable to its authority, in any combination, to enforce the collection of the Impact Fee:
      1.   Withhold Building Permits, manufactured home installation permits, or other City Development Approval related to the Development for which the Impact Fee is due until all Impact Fees due have been paid, and issue stop work orders, and revoke or suspend a Building Permit;
      2.   Withhold utility services from the Development for which the Impact Fee is due until all Impact Fees due have been paid;
      3.   Add interest to the Impact Fee not paid in full at the legal rate provided for in Idaho Code § 28-22-104, as it may be amended, plus five percent (5%) beginning on the date at which the payment of the Impact Fee was due until paid in full;
      4.   Impose a penalty of five percent (5%) of the total Impact Fee (not merely the portion dishonored, late or not paid in full) per month beginning on the date at which the payment of the Impact Fee was due until paid in full; and
      5.   Impose a lien pursuant to the authority of Idaho Code § 67-8213(4) for failure to timely pay an Impact Fee following the procedures contained in Idaho Code Title 45, Chapter 5. (Ord. 617, 2-14-2023)
5A-1-5: CERTIFICATION:
   A.   A Fee Payer may request a written certification of the impact fee schedule or individual assessment which shall establish the impact fee for that Development. Such certification shall establish the Impact Fee so long as there is no material change to the particular Development as identified in the individual assessment application, or the impact fee schedule. A certification may be applied for in the following manner:
      1.   Requests for certification shall be in writing and made to the City. Within thirty (30) days after receiving such request, the City shall issue a written certification of the amount of the Impact Fee due for the proposed Development. The certification shall include an explanation of the calculation of the Impact Fee including an explanation of factors considered under Idaho Code § 67-8207 and shall also specify the System Improvement(s) for which the Impact Fee is intended to be used. The City shall provide the certification to the Fee Payer. (Ord. 617, 2-14-2023)
5A-1-6: INDIVIDUAL ASSESSMENT:
   A.   In lieu of calculating the amount of the Impact Fee using the impact fee schedules in this Title, an individual assessment of Impact Fees is permitted when the Fee Payer demonstrates by clear and convincing evidence that the established Impact Fee is inappropriate.
      1.   Individual Assessment Process. A Fee Payer may file a written request for an individual assessment of the Development by the City with the City prior to the receipt of a building permit or other necessary approvals or entitlements from the City. A request for an individual assessment process shall involve consideration of studies, data, and any other relevant information submitted by the Fee Payer to adjust the amount of the Impact Fee. If a Fee Payer files a request for the use of an individual assessment, the Fee Payer shall be responsible for retaining a qualified professional to prepare the individual assessment that complies with the requirements of this chapter, at the Fee Payer's expense. The Fee Payer shall bear the burden of proving by clear and convincing evidence that the resulting individual assessment is a more accurate measure of its proportionate share of the cost of System Improvements, based on the City's adopted Level of Service, than the development impact fees that would otherwise be due pursuant to the fee schedule.
         a.   Each individual assessment request and supporting documentation submitted by the Fee Payer shall be based on the same level of service standards and unit costs for System Improvements used in the City's Capital Improvements Plan, shall use an average cost (not a marginal cost) methodology, and shall document the relevant methodologies and assumptions used.
         b.   Each individual assessment request delivered to the City may then be accepted, rejected, or accepted with modifications by the City as the basis for calculating the Impact Fee. The criteria for acceptance, rejection or acceptance with modifications shall be whether the individual assessment is a more accurate measure of demand for System Improvements element(s) created by the proposed Development, or the costs of those facilities, than the applicable fee shown in the fee schedule.
         c.   The City shall issue a written decision within thirty (30) days following receipt of a completed request for individual assessment together with all supporting information from the Fee Payer, so as not to unreasonably delay the Developer's (Fee Payer's) subsequent applications to the City for Building Permits.
         d.   The decision by the City on an application for an individual assessment shall include an explanation of the calculation of the Impact Fee, shall specify the System Improvement(s) for which the Impact Fee is intended to be used, and shall include an explanation of those factors identified in Idaho Code § 67-8207.
         e.   If an individual assessment is accepted or accepted with modifications by the City then the Impact Fee due under this chapter for such Development shall be calculated according to such individual assessment. (Ord. 617, 2-14-2023)
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