For the purpose of this chapter, the following terms shall have the following meanings, some of which are assigned by Idaho Code section 67-8203, as indicated:
ACCOUNTS: | The parks capital facilities account, the street capital facilities account, the police capital facilities account, and the fire/EMS capital facilities account, established as part of the Development Impact Fee Trust Fund established in section 11-1-7 of this chapter. |
AFFORDABLE HOUSING: | Housing affordable to families whose incomes do not exceed eighty percent (80%) of the median income for the City of Twin Falls. Section 67-8203(1) Idaho Code. |
APPROPRIATE: | To legally obligate by contract or otherwise commit to use by appropriation or other official act of a governmental entity. Section 67-8203(2) Idaho Code. |
BUILDING PERMIT: | A building permit issued by the building official permitting the construction of a building or structure within the City of Twin Falls. |
CAPITAL IMPROVEMENT: | An improvement with a useful life of ten (10) years or more, by new construction or other action that increases the service capacity of a public facility. Section 67-8203(3) Idaho Code. |
CAPITAL IMPROVEMENTS ELEMENT: | A component of the City of Twin Falls comprehensive plan adopted pursuant to chapter 65, title 67, Idaho Code, which component meets the requirements of a capital improvements plan pursuant to chapter 65, title 67 of the Idaho Code. Section 67-8203(4) Idaho Code. |
CAPITAL IMPROVEMENTS PLAN: | A plan adopted pursuant to this chapter that identifies capital improvements for which development impact fees may be used as a funding source. Section 67-8203(5) Idaho Code. |
CITY: | City of Twin Falls, Idaho. |
CITY COUNCIL: | The City Council of the City of Twin Falls, Idaho. |
DEVELOPER: | Any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to Idaho Code sections 50-1301 through 50-1334. Section 67-8203(6) Idaho Code. |
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, that creates additional demand and need for public facilities or the subdivision of property that would permit any change in the use, character or appearance of land. Section 67-8203(7) Idaho Code. |
DEVELOPMENT APPROVAL: | Any written authorization from a governmental entity that authorizes the commencement of a development. Section 67-8203(8) Idaho Code. |
DEVELOPMENT IMPACT FEE: | The 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. Section 67-8203(9) Idaho Code. In the context of this chapter, development impact fee means one of the four (4) impact fees defined for the four (4) city capital facilities elements, and development impact fees (in the plural) means all four (4) impact fees (or all of them that apply to the proposed development pursuant to this chapter). The term does not include: |
(A) A charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development; | |
(B) Connection or hookup charges; | |
(C) Availability charges for drainage, sewer, water or transportation for services provided directly to the development; or | |
(D) Amounts collected from a developer in a transaction in which the city or another governmental entity 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 Idaho Code section 67-8209(3) for credit or reimbursement. | |
DEVELOPMENT IMPACT FEE ADMINISTRATOR: | That individual designated from time to time by the city manager of Twin Falls, Idaho, to administer the development impact fee system established by this chapter. |
DEVELOPMENT IMPACT FEE STUDY: | The document entitled “City Of Twin Falls, Idaho Development Impact Fee Study And Capital Improvement Plans”, dated April 5, 2021, prepared by Galena Consulting for the city, that sets forth reasonable methodologies and analyses for determining the impacts of various types of development on the city capital facilities and determines the cost of expansions to those facilities necessary to meet the demands created by new development. |
DEVELOPMENT IMPACT FEE TRUST FUND: | The trust fund established by section 11-1-7 of this chapter that includes: a) a parks capital facilities account, b) a street capital facilities account, c) a police capital facilities account, and d) a fire/EMS capital facilities account. The development impact fee trust fund is also sometimes called the trust fund. |
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. Section 67-8203(10) Idaho Code. |
EXTRAORDINARY COSTS: | Those costs incurred as a result of an extraordinary impact. Section 67-8203(11) Idaho Code. |
EXTRAORDINARY IMPACT: | An impact that is reasonably determined by the governmental entity 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 section 67-8214(2), or b) result in the need for system improvements that are not identified in the capital improvements plan. Section 67-8203(12) Idaho Code. |
FEE PAYER: | A person or legal entity that pays or is required to pay a development impact fee. Taxing districts are expressly included within this definition of “fee payer”, unless the taxing district enters into a written agreement with the City of Twin Falls that provides otherwise. A fee payer may include a developer. |
FIRE/EMS CAPITAL FACILITIES: | Lands, as well as buildings, improvements to land, and related equipment and vehicles meeting the definition of “capital improvement”, used for fire and emergency medical service facilities included in the calculation of the fire/EMS impact fee in the development impact fee study, and specifically including those related costs included in the definition of “system improvement costs”, but not including maintenance, operations, or improvements that do not expand capacity. |
IMPACT-GENERATING LAND DEVELOPMENT: | Land development designed or intended to permit a use of the land that will contain more dwelling units or floor space than the then existing use of the land, or the making of any material change in the use of any structure or land in a manner that increases demand for City capital facilities. The type of proposed impact-generating land development shall be based on the proposed use of the land. |
INDIVIDUAL ASSESSMENT: | A study prepared by a fee payer, calculating the cost of expansions or improvements to one or more of the City capital improvements elements required to serve the fee payer’s proposed development, that is based on the established LOS standard, is performed on an average cost (not marginal cost) methodology, that uses the service units and unit construction costs stated in the development impact fee study, and is performed in compliance with any criteria for such studies established by this chapter or by the City. |
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. Section 67-8203(16) Idaho Code. |
LEVEL OF SERVICE: | A measure of the relationship between service capacity and service demand for public facilities. Section 67-8203(17) Idaho Code. |
MANUFACTURED HOME: | A structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, that, in the traveling mode, is eight feet (8') 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 that 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 that meets all the requirements of this definition 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. Section 67-8203(18) Idaho Code. |
MODULAR BUILDING: | Any building or building component, other than a manufactured or mobile home, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. Sections 67-8203(19) and 39-4301, Idaho Code. |
PARKS CAPITAL FACILITIES: | Open space lands, as well as buildings, improvements to land, and related equipment meeting the definition of “capital improvement”, used for public parks, recreation, open space, and trail facilities included in the calculation of the park impact fee in the development impact fee study, and specifically including those related costs included in the definition of “system improvement costs”, but not including maintenance, operations, or improvements that do not expand capacity. |
PERSON: | An individual, corporation, governmental agency, business trust, estate, partnership, association, two (2) or more persons having a joint or common interest, or any other entity. |
POLICE CAPITAL FACILITIES: | Lands, as well as buildings, improvements to land, and related equipment and vehicles meeting the definition of “capital improvement”, used for police facilities included in the calculation of the police impact fee in the development impact fee study, and specifically including those related costs included in the definition of “system improvement costs”, but not including maintenance, operations, or improvements that do not expand capacity. |
PRESENT VALUE: | The total current monetary value of past, present, or future payments, contributions or dedications of goods, services, materials, construction or money. Section 67-8203(20) Idaho Code. |
PROJECT: | A particular development on an identified parcel of land. Section 67-8203(21) Idaho Code. |
PROJECT IMPROVEMENTS: | 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. Section 67-8203(22) Idaho Code. |
PROPORTIONATE SHARE: | That portion of the cost of system improvements determined pursuant to Idaho Code section 67-8207, that reasonably relates to the service demands and needs of the project. Section 67-8203(23) Idaho Code. |
PUBLIC FACILITIES: | (A) Water supply production, treatment, storage and distribution facilities; |
(B) Wastewater collection, treatment and disposal facilities; | |
(C) Roads, streets and bridges, including rights- of-way, traffic signals, landscaping and any local components of State or Federal highways; | |
(D) Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; | |
(E) Parks, open space and recreation areas, and related capital improvements; and | |
(F) 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, that either has its own motive power or is mounted on or drawn by another vehicle. Section 67-8203(25) Idaho Code. |
SERVICE AREA: | Any defined geographic area identified by a governmental entity or by intergovernmental agreement in which specific public facilities provide service to development within the area defined, on the basis of sound planning or engineering principles or both. Section 67-8203(26) Idaho Code. |
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. Section 67-8203(27) Idaho Code. |
STREET CAPITAL FACILITIES: | Lands, improvements to land, and equipment meeting the definition of “capital improvement”, used for intersection improvements (signals, round-a-bouts, pedestrian crossings, etc.) and for improvements to arterial and collector roads (bridges, lanes, shoulders, pedestrian facilities, etc.) with the purpose of expanding capacity, included in the calculation of the street impact fee in the development impact fee study, and consistent with the capital improvements element, and specifically including those related costs included in the definition of “system improvement costs”, but not including maintenance, operations, or improvements that do not expand capacity. |
SUCCESSOR IN INTEREST: | A “person”, as defined by this chapter, who gains a fee simple interest in land for which a development impact fee is paid or a credit is approved pursuant to the terms of this chapter. |
SYSTEM IMPROVEMENT 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 Idaho Code section 50-1702(h), to provide additional public facilities needed to serve 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) repair, operation or maintenance of existing or new capital improvements; 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 governmental entity unless such costs are attributable to development of the capital improvement plan, as provided in Idaho Code section 67-8208; or f) principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the governmental entity to finance capital improvements identified in the capital improvements plan. Section 67-8203(29) Idaho Code. |
SYSTEM IMPROVEMENTS: | In contrast to project improvements, means capital improvements to public facilities that are designed to provide service to a service area including, without limitation, the type of improvements described in Idaho Code section 50-1703. Section 67-8203(28) Idaho Code. For the purposes of this chapter, the system improvements are the park capital facilities, street capital facilities, police capital facilities, fire/EMS capital facilities. (Ord. 2021-017, 10-11-2021) |
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