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5A-1-10: FEE PAYER REFUNDS:
   A.   Duty to Refund:
      1.   An Impact Fee shall be refunded to a Fee Payer, or successor in interest, or a property owner in the following circumstances:
         a.   Service is available but never provided;
         b.   A Building Permit, or permit for installation of a manufactured home, is denied or abandoned;
         c.   The Fee Payer pays an Impact Fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the proportionate share to which the City was entitled to receive;
         d.   The City has collected an Impact Fee and the City has failed to Appropriate or expend the collected fees pursuant to this Title; or
         e.   Failure of the City to commence construction or encumber the funds in the Capital Projects Fund.
      2.   Any Impact Fee paid shall be refunded if the City has failed to commence construction of System Improvements in accordance with this chapter, or to appropriate funds for such construction, within eight (8) years after the date on which such fee was collected by the City. Any refund due shall be paid to the owner of record of the parcel for which the City's Impact Fee was paid. The City may hold Impact Fees for longer than eight (8) years but in no event longer than eleven (11) years from the date collected if the City identifies in writing: (a) a reasonable cause why the fees should be held longer than eight (8) years; and (b) an anticipated date by which the fees will be expended. If the City complies with the previous sentence, then any Impact Fees so identified shall be refunded to the Fee Payer if the City has failed to commence construction of System Improvements in accordance with the written notice, or to Appropriate Funds for such construction on or before the date identified in such writing.
      3.   After an Impact Fee has been paid pursuant to this chapter and after a certificate of occupancy has been issued by the City, no refund of any part of such fee shall be made if the project for which the fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the project or the number of units in the project.
      4.   Each refund shall include a refund of interest at one-half the legal rate provided for in Idaho Code § 28-22-104 from the date on which the fee was originally paid.
   B.   Process: The City shall make a determination of whether a refund is due within thirty (30) days after receipt of a written request for a refund from the Fee Payer, successor in interest, or an owner of record of the property for which the fee was paid. When the right to a refund exists, the City shall send the refund within ninety (90) days after the City determines that a refund is due. (Ord. 617, 2-14-2023)
5A-1-11: ESTABLISHMENT OF CAPITAL PROJECTS FUND; FUND ACCOUNTS:
   A.   Capital Projects Funds Established. The Capital Projects Fund will be maintained by the City for the purpose of ensuring that all Impact Fees collected, pursuant to this chapter, are used to address impacts reasonably attributable to new Development for which the Impact Fees are paid. The Capital Projects Fund shall have its own interest-bearing Account. The interest earned on the account pursuant to Idaho Code § 67-8210(1) shall not be governed by Idaho Code § 57-127, as it may be amended, but shall be considered funds of the Capital Projects Fund and shall be subject to the same restrictions on uses of funds as the Impact Fees on which the interest is generated.
   B.   Deposit of Impact Fees. All monies paid by a Fee Payer, pursuant to this chapter, shall be identified as Impact Fees and upon receipt by the City shall be promptly deposited in the Capital Projects Fund Account.
      1.   Monies in the Capital Projects Fund Account shall be spent in the order collected, on a first- in/first-out basis.
      2.   The City shall maintain and keep accurate financial records for the Account which records shall:
         a.   Show the source and disbursement of all revenues;
         b.   Account for all monies received;
         c.   Ensure that the disbursement of funds from the Account shall be used solely and exclusively for the provisions of projects specified in the Capital Improvements Plan; and
         d.   Provide an annual accounting for the Impact Fee Capital Projects Fund Account showing the source and amount of all funds collected and the projects that were funded, which annual accounting shall be provided to the City as part of the annual audit process of this chapter. (Ord. 617, 2-14-2023)
5A-1-12: EXPENDITURE OF IMPACT FEES:
   A.   Expenditures. Expenditures of Impact Fees collected and deposited in the Capital Projects Fund shall be made only for System Improvements within the Service Area for which the Impact Fee was collected in accordance with the Capital Improvements Plan.
   B.   Capital Improvements Plan Reimbursement; Surcharge. A portion of each Impact Fee collected may be designated as a surcharge for reimbursement for the cost of preparing the Capital Improvements Plan in accordance with Idaho Code § 67-8208. The surcharge shall not exceed the Development's proportionate share of the cost of preparing the Capital Improvements Plan. (Ord. 617, 2-14-2023)
5A-1-13: APPEALS, PROTEST AND MEDIATION:
   A.   Appeals. Any Fee Payer that is or may be obligated to pay an Impact Fee, individual assessment or an Extraordinary Impact, or that claims a right to receive a refund, reimbursement, exemption or credit under this chapter, and who is dissatisfied with a decision made either by the City in applying this chapter, may appeal such decision. The Fee Payer shall have the burden on appeal of proving by clear and convincing evidence that the decision was in error.
   B.   Appeal Process.
      1.   Appeals of denials of an exemption from Impact Fees under this Title.
         a.   A Fee Payer shall file a written notice of the appeal with the City within thirty (30) days after the date of a denial of an exemption. Such notice of appeal shall include a statement describing why the Fee Payer believes that the appealed decision was in error, together with copies of any documents that the Fee Payer believes support the claim.
         b.   The City shall schedule a hearing in front of the City Council within thirty (30) days of receiving the appeal. The Fee Payer or its representative shall have a right to be present and to present evidence in support of the appeal. The City personnel who made the decision under appeal or their representatives shall likewise have the right to be present and to present evidence in support of the decision.
         c.   The City Council shall consider the decision denying the exemption and also consider any additional evidence that may be offered by the Fee Payer and City staff. The City Council may affirm, reverse, or modify in whole or in part the decision appealed from and issue a written decision within thirty (30) days.
         d.   A final decision of the City Council may be judicially reviewed pursuant to Idaho Code § 31-1506.
      2.   Appeals of impact fee schedule assessments, refunds, reimbursements, credits, individual assessments, or extraordinary impacts under this chapter.
         a.   The Fee Payer shall file a written notice of the appeal with the City within thirty (30) days after the date of the City's decision, or the date on which the Fee Payer submitted a payment of the Impact Fee under protest, whichever is later. Such written application shall include a statement describing why the Fee Payer believes that the appealed decision was in error, together with copies of any documents that the Fee Payer believes support the claim.
         b.   The City Council shall hear the appeal within sixty (60) days after receipt of a written notice of appeal. The Fee Payer or its representative shall have a right to be present and to present evidence in support of the appeal. The City personnel who made the decision under appeal or their representatives shall likewise have the right to be present and to present evidence in support of the decision. The criteria to be used by the City Council in considering the appeal shall be whether: (a) the decision or interpretation made by the City or (b) the alternative decision or interpretation offered by the Fee Payer, more accurately reflects the intent of this chapter that new development in the Service Area pay its proportionate share of the costs of system improvements to public facilities necessary to serve new development and whether the chapter has been correctly applied. The City Council shall issue a decision upholding, reversing, or modifying the decision being appealed within thirty (30) days after hearing the appeal.
   C.   Payment Under Protest. A Fee Payer may pay an Impact Fee under protest in order not to delay in the issuance of a Building Permit by the City. A Fee Payer making a payment under protest shall not be estopped from exercising the right to appeal provided herein, nor shall such Fee Payer be estopped from receiving a refund of any amount deemed to have been illegally collected.
   D.   Mediation.
      1.   Any Fee Payer that has a disagreement with a decision made by the City regarding an Impact Fee determination that is or may be due for a proposed Development pursuant to this chapter, may enter into a voluntary agreement with the City as the case may be, to subject the disagreement to mediation by a qualified independent party acceptable to both parties to the mediation.
      2.   Mediation may take place at any time following the filing of a timely appeal, or as an alternative to such appeal, provided that the request for mediation is filed no later than the last date on which a timely appeal could be filed pursuant to this section.
      3.   Participation in mediation does not preclude the Fee Payer from pursuing other remedies provided for in this section.
      4.   If mediation is requested, any related mediation costs shall be shared equally by the parties to the mediation, and a written agreement regarding the payment of such costs shall be executed prior to the commencement of mediation.
      5.   In the event that mediation does not resolve the issues, the Fee Payer retains all rights of appeal as set forth in this section. (Ord. 617, 2-14-2023)
5A-1-14: PERIODIC REVIEWS; ANNUAL BUDGET:
   A.   Review and Modification of Capital Improvements Plan. Unless the City Council deems some other period is appropriate, the City shall, at least once every five (5) years, commencing from the date of the original adoption of the Capital Improvements Plan, review the Development potential and update the Capital Improvements Plan in accordance with the procedures set forth in Idaho Code § 67-8206, as it may be amended. Each update shall be prepared by the City in consultation with the Advisory Committee.
   B.   Annual budget. The City shall annually adopt a capital budget. (Ord. 617, 2-14-2023)
5A-1-15: AUDIT:
As part of its annual audit process, the City shall prepare an annual report:
   A.   Describing the amount of all Impact Fees collected, appropriated or spent during the preceding year; and
   B.   Describing the percentage of taxes and revenues from sources other than the Impact Fees collected, appropriated or spent for System Improvements during the preceding year. (Ord. 617, 2-14-2023)
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