11-1-5: DEVELOPMENT IMPACT FEES IMPOSED:

   (A)   Fee Obligation:

      1.   After the effective date hereof, any person who commences any impact generating land development, except those exempted pursuant to subsection (B) of this section, shall be obligated to pay development impact fees upon commencement of such activity. The amount of the development impact fees shall be determined in accordance with this chapter.

      2.   If the fee payer is applying for an extension of a permit issued previously, then the development impact fees required to be paid shall be the net increase between the development impact fees applicable at the time of the current permit application and any development impact fees previously paid pursuant to this chapter to finance similar types of system improvements to accommodate demands created by the same development.

      3.   If the fee payer is applying for a permit to allow a change of use or for the expansion, redevelopment, or modification of an existing development, the development impact fees required to be paid shall be based on the net increase in the development impact fees for the new use as compared to the previous use.

   (B)   Exemptions: The following types of development shall be exempted from payment of the development impact fees. Any claim for exemption shall be made no later than the time when the applicant applies for the first building permit for the proposed development that creates the obligation to pay the development impact fees, and any claim for exemption not made at or before that time shall have been waived. The Development Impact Fee Administrator or a designee shall determine the validity of any claim for exemption pursuant to the criteria set forth below:

      1.   Rebuilding the same amount of floor space of a structure that was destroyed by fire or other catastrophe, providing the structure is rebuilt and ready for occupancy within two (2) years of its destruction;

      2.   Remodeling or repairing a structure that does not increase the number of service units;

      3.   Replacing a residential unit, including a manufactured home, with another residential unit on the same lot, provided that the number of service units does not increase;

      4.   Constructing an addition on a residential structure that does not increase the number of service units;

      5.   Placing a temporary construction trailer or office on a lot;

      6.   Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouses, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements;

      7.   The installation of a modular building, manufactured 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 home, or recreational vehicle was legally in place on the lot or space prior to the effective date hereof, or b) a development impact fee has been paid previously for the installation of a modular building, manufactured home or recreational vehicle on that same lot or space;

      8.   Projects for which a development impact fee for each type of public facility covered by this chapter has previously been paid in an amount that equals or exceeds the development impact fee that would be required by this chapter;

      9.   Projects built by the Federal government or the State government; and,

      10.   Projects which meet all of the following criteria may apply for an individualized assessment pursuant to subsection C4 of this section, except that the applicant may simply rely on the documented project history rather than retaining a qualified professional to prepare the individual assessment:

         a.   A development agreement was entered into by the project developer and the City setting forth the entitlements and obligations of the developer, which agreement was approved by the City Council prior to January 1, 2008; and

         b.   The final plat for the development, or site plan attached to the development agreement, was approved by the City prior to January 1, 2008; and

         c.   The development, through the terms of the development agreement, or otherwise, has built, or is obligated to build public facilities, which facilities are not “project improvements”, in excess of the amount that would be collected under this chapter.

   (C)   Fee Table And Calculation Of Amount Of Development Impact Fees:

      1.   Fee Table and subsequent increases:

Police fees:
	Residential	$218.00	per dwelling unit
	Nonresidential	0.1	per square foot
Fire fees:
	Residential	871.00	per dwelling unit
	Nonresidential	0.44	per square foot
Parks fees:
	Residential	1,512.00	per dwelling unit
	Nonresidential	n/a
Street fees:
	Single-family	1327.00	per dwelling unit
	Multi-family	710.00	per dwelling unit
	Retail	2.94	per square foot
	Office	1.75	per square foot
	Industrial	0.54	per square foot
	Institutional	0.33	per square foot

 

This fee schedule shall be in effect thirty (30) days after the approval of the master Fee Schedule.

On January 1, 2023, and on January 1 of each year thereafter in which an impact fee is in effect, the amount of the impact fee shall be automatically adjusted to account for year over year inflation increases in the cost of providing police, fire, parks and recreation, and street public facilities to serve new development utilizing the latest available municipal cost index as published by “American Cities And County Magazine”. Nothing herein shall prevent the city from electing to maintain a then existing police, fire, parks and recreation, and street impact fee or from electing to waive the inflation adjustment for any given fiscal year, or years. Any such action to determine an inflation factor shall be by city council resolution.

      2.   Levels Of Service: The levels of service upon which the foregoing fees are calculated are as follows:

         a.   Police level of service from page 12 of the impact fee study is 1.48 officers per thousand population.

         b.   Fire level of service from page 15 of the impact fee study is ninety percent (90%) of all calls to be responded to in a time of six (6) minutes.

         c.   Parks and recreation level of service from page 19 of the impact fee study is 4.7 developed acres per thousand population.

         d.   City Street level of service from page 24 of the impact fee study is level of service C on arterials and collectors at the P.M. peak period.

      3.   Using The Fee Table: Development impact fees shall be calculated using the fee table above (or as subsequently amended by Council per automatic adjustments criteria above) unless: a) the fee payer requests an individualized assessment pursuant to subsection (C)4 of this section, or b) the City designates the proposed development as a development of extraordinary impact in writing to the fee payer, in which case the provisions of subsection (C)5 of this section shall apply.

         a.   Any person who commences any new impact generating land development, except those exempted pursuant to this chapter, or those preparing an individual assessment pursuant to this chapter, shall pay all development impact fees applicable to the proposed development, as determined by the fee table. Persons choosing to pay applicable development impact fees pursuant to the fee table shall be deemed to have made a full and complete payment of the project’s proportionate share of City capital facilities costs for system improvements, except as noted in subsection 11-1-12(I) of this chapter.

         b.   If the proposed development is of a type not listed in the fee table, then the City shall apply the development impact fees applicable to the most nearly comparable type of land use listed in the fee table. The determination as to which type of development is most nearly comparable to the proposed development shall be made by referring to traffic generation rates for land uses published by the Institute of Transportation Engineers, and by identifying that land use listed in the fee table whose traffic generation rates are most comparable to the proposed land use. If no traffic generation rate for the proposed land use appears in a publication of the Institute of Transportation Engineers, or if it is not possible to determine which land use listed in the fee table has the most comparable traffic generation rates, then the most nearly comparable land use shall be determined by the Development Impact Fee Administrator based on comparison of other characteristics of the proposed land use (including employment or occupancy, the size of the facility, and the amount of parking to be provided) with the characteristics of those land uses listed in the fee table.

         c.   If the proposed development includes a mix of those uses listed in the fee table, then the development impact fees shall be determined by adding up the development impact fees that would be payable for each use as if it were a freestanding use pursuant to the fee table. For example, development impact fees for a church without ancillary facilities will be determined through the process in subsection (C)3.b. of this section; but development impact fees for a church with a daycare center shall be established by adding: 1) fees determined through the process in subsection (C)3.b. of this section for the church itself, and 2) fees identified in the fee table for the daycare portion of the facility.

         d.   If the fee payer requests that the city calculate the amount of development impact fees due pursuant to the fee table, the city shall notify the fee payer of such amount within thirty (30) days after receipt of that request.

      4.   Using An Individual Assessment:

         a.   In lieu of calculating the amount(s) of development impact fees by reference to the fee table, a fee payer may request that the amount of the required development impact fee be determined through an individual assessment for the proposed development. The individual assessment process shall permit consideration of studies, data, and any other relevant information submitted by the fee payer to adjust the amount of the fee. If a fee payer requests 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 city capital improvements, based on the city’s adopted levels of service, than the development impact fees that would otherwise be due pursuant to the fee table. The city may hire a professional consultant to review any independent impact fee calculation study on behalf of the city, and may charge the reasonable costs of such review to the fee payer.

         b.   Each individual assessment shall be based on the same level of service standards and unit costs for system improvements used in the development impact fee study, shall use an average cost (not a marginal cost) methodology, and shall document the relevant methodologies and assumptions used.

         c.   An application for an individual assessment may be submitted at any time that the number of dwelling units in the proposed development and the types and amounts of development in each nonresidential category identified in the fee table is known. The city shall issue a decision within thirty (30) days following receipt of a completed application for individual assessment and supporting information from the applicant, so as not to unreasonably delay subsequent applications for or issuance of building permits.

         d.   Each individual assessment shall be submitted to the development impact fee administrator or a designee, and may be accepted, rejected, or accepted with modifications by the development impact fee administrator or a designee as the basis for calculating development impact fees. The criteria for acceptance, rejection, or acceptance with modifications shall be whether the individual assessment is a more accurate measure of demand for the city capital improvements element(s) created by the proposed development, or the costs of those facilities, than the applicable fee shown in the fee table.

         e.   The decision by the development impact fee administrator or designee 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 section 67-8207.

         f.   If an individual assessment is accepted or accepted with modifications by the development impact fee administrator or a designee then the development impact fees due under this chapter for such development shall be calculated according to such individual assessment.

      5.   Extraordinary Impacts:

         a.   If the city determines that a proposed development generates extraordinary impacts that will result in extraordinary costs, the city will notify the fee payer of such determination within thirty (30) days after receipt of a request for a certification pursuant to subsection D of this section or a request for a building permit or development approval, whichever occurs first. Such notice shall include a statement that the potential impacts of such development on system improvements are not adequately addressed by the development impact fee study, and that a supplemental study at the fee payer’s expense will be required.

         b.   Circumstances that may lead to a determination of extraordinary impacts include, but are not limited to: 1) an indication that traffic generation from the proposed development or activity will exceed those typical for a facility or activity of its type, 2) an indication that employment generated by the development or activity will exceed those typical for a facility or activity of its type, 3) an indication the assumptions used in the development impact fee study underestimate the level of activity or impact on city capital facilities from the proposed development or activity, or 4) an indication that levels of calls for law enforcement, fire, or emergency services from developments or activities owned or operated by the fee payer or its agents exceed the assumptions used in the development impact fee study.

         c.   Within thirty (30) days following the designation of a development with extraordinary impacts, the city shall meet with the fee payer to discuss whether the fee payer wants to: 1) pay for the supplemental study necessary to determine the system improvement costs related to the proposed development, or 2) modify the proposal to avoid generating extraordinary impacts, or 3) withdraw the application for certification, building permit, or development approval.

         d.   If the fee payer agrees to pay for the supplemental study required to document the proposed development’s proportionate share of system improvement costs, then the city and the fee payer shall jointly select an individual or organization acceptable to both to perform such study, the fee payer shall enter into a written agreement with such individual or organization to pay the costs of such study. Such agreement shall require the supplemental study to be completed within thirty (30) days of such written agreement, unless the fee payer agrees to a longer time.

         e.   Once the study has been completed, the fee payer may choose to: 1) pay the proportionate share of system improvement costs documented by the supplemental study, or 2) modify the proposed development to reduce such costs, or 3) withdraw the application. If the fee payer agrees to pay the system improvement costs documented in the supplemental study, that agreement shall be reduced to writing between the city and the fee payer prior to review and consideration of any application for any development approval or building permit related to the proposed development.

         f.   Notwithstanding any agreement by the fee payer to pay the proportionate share of system improvement costs documented by the supplemental study, nothing in this chapter shall obligate the city to approve development that results in an extraordinary impact.

   (D)   Certification: After the development impact fees due for a proposed development have been calculated pursuant to the fee table or the individual assessment, the fee payer may request the development impact fee administrator or a designee for a certification of the amount of development impact fees due for that development. Within thirty (30) days after receiving such request, the development impact fee administrator or a designee shall issue a written certification of the amount of development impact fees due for the proposed development. Such certification shall establish the development impact fee so long as there is no material change to the particular project as identified in the individual assessment application, or the impact fee schedule set forth in the fee table. The certification shall include an explanation of the calculation of the impact fee including an explanation of factors considered under Idaho Code section 67-8207 and shall also specify the system improvement(s) for which the development impact fee is intended to be used.

   (E)   Payment Of Fees:

      1.   All development impact fees due shall be paid to the city at the following times:

         a.   If a building permit or building placement permit is required, then at the time such permit is issued; or

         b.   If no building permit or building placement permit is required, then at the time that construction commences; or

         c.   At such other time as the applicant and the city have agreed to in writing, pursuant to applicable Idaho law.

      2.   All monies paid by a fee payer pursuant to the fee table shall be identified as development impact fees and shall be promptly deposited in the appropriate account(s) described in section 11-1-7 of this chapter.

      3.   A fee payer may pay a development impact fee under protest in order to avoid delay in the issuance of a building permit or development approval. A fee payer making a payment under protest shall not be estopped from exercising the right of appeal provided in section 11-1-10 of this chapter, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected. (Ord. 2021-017, 10-11-2021)