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)