As used in this title, 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:
ACCOUNTS: | Any of one or more interest bearing accounts within a Development Impact Fee Capital Projects Trust Fund established in chapter 14 of this title. |
ACT: | The Idaho Development Impact Fee Act as set forth in Chapter 82 of Title 67, Idaho Code. |
ADMINISTRATOR: | The administrator of the County’s impact fees or an administrator of a District’s impact fees. |
ADVISORY COMMITTEE: | The advisory committee established and identified in chapter 3 of this title which are formed and staffed pursuant to I.C. § 67-8205 to prepare and recommend the Capital Improvements Plan and any amendments, revisions, or updates of the same. |
APPROPRIATE: | 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 County permit required for foundations, new construction, and additions. |
CAPITAL FACILITIES: | Facilities, stations, apparatus, vehicles, and equipment which are identified in the Capital Improvements Plan, and specifically including those related costs including System Improvements 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 Capital Facilities. |
CAPITAL IMPROVEMENTS ELEMENT: | A component of the Capital Improvements Plans identified in each Capital Improvements Plan adopted the Board of County Commissioners pursuant to Chapters 65 and 82 of Title 67, Idaho Code, and as amended, which component meets the requirements of a Capital Improvements Plan required by the Act. |
CAPITAL IMPROVEMENTS PLANS: | Any District Capital Improvements Plan which have been recommended by the Advisory Committee and adopted by the District Board of Commissioners and the County Commissioners pursuant to the Act that identifies District Capital Facilities for which District Impact Fees may be used as a funding source. |
COUNTY: | Valley County. |
COUNTY COMMISSIONERS: | The Valley County Board of Commissioners, who are the governing board of the County. |
DEVELOPER: | Any person or legal entity undertaking Development and/or undertaking the subdivision of property pursuant to I.C. §§ 50-1301 through 50-1334, as 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 County which authorizes the commencement of a Development. |
DEVELOPMENT IMPACT FEE CAPITAL PROJECTS TRUST FUND (the “TRUST FUND”): | The County’s or a District’s, as the case may be, individual impact fee capital projects trust fund account. |
DEVELOPMENT REQUIREMENT: | A requirement attached to a developmental approval or other County 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. |
DISTRICT: | Any district (individually) with which the County has separately entered into an intergovernmental agreement pursuant to I.C. § 67-8204A. |
DISTRICT ADMINISTRATOR: | Each District’s fire chief, or her, or his designee. |
DISTRICT CAPITAL FACILITIES: | District facilities, stations, apparatus, vehicles, and equipment which are identified in the Capital Improvements Plan, and specifically including those related costs including System Improvements Costs, but not including maintenance, operations, or improvements that do not expand their capacity. |
DISTRICT COMMISSIONERS: | The board of commissioners of a District, which is its governing board. |
EMS: | The emergency medical facilities for preservation of life services provided by the Districts. |
EXTRAORDINARY COSTS: | Those costs incurred as result of an Extraordinary Impact. |
FEE PAYER: | The person who pays or is required to pay Impact Fees. A Fee Payer may include a Developer. |
IMPACT FEES: | A payment of money imposed as condition of Development to pay for a Proportionate Share of the County’s or a District’s, as the case may be, costs of System Improvements needed to serve the Development. The term does not include the following: |
• A charge or fee to pay the administrative plan review, or inspection cost associated with permits required for Development; or | |
• Connection or hookup charges; or | |
• Availability charges for drainage, sewer, water or transportation charges for services provided directly to the Development; or | |
• Amounts collected from a Developer in a transaction in which the County or a District 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 I.C. § 67-8209(3) as amended, for credit or reimbursement. | |
INTERGOVERNMENTAL AGREEMENT: | Any agreement entered into by and between the County and a District pursuant to I.C. § 67-8204A for the collection and expenditure of Impact Fees established pursuant to this title. |
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-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): | 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 Improvements Costs determined pursuant to I.C. § 67-8207 which reasonably relates to the service demands and needs of the Project. |
PUBLIC FACILITIES: | Water supply production, treatment, storage and distribution facilities; wastewater collection, treatment and disposal facilities; roads, streets and bridges, including rights-of-way, traffic signals, landscaping and any local components of state or federal highways; stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; parks, open space and recreation areas, and related capital improvements; and public safety facilities, including law enforcement, fire stations and apparatus, 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, which either has its own motive power or is mounted on or drawn by another vehicle. |
SERVICE AREA: | Any defined geographic area within the unincorporated area of the County as identified in a Capital Improvement Plan in which specific Public Facilities provide service to Development within the areas defined, on the basis of sound planning or engineering principles or both. |
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 title, Service Units include dwelling units as defined in County code and square feet of nonresidential Development. |
SYSTEM IMPROVEMENTS (in contrast to Project Improvements): | Capital Improvements to Public Facilities which are designed to provide service to a Service Area. |
SYSTEM IMPROVEMENTS 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 amended, to provide additional Public Facilities needed to service new growth and development. For clarification, System Improvements Costs do not include: |
• Construction, acquisition, or expansion of Public Facilities other than Capital Improvements identified in the Capital Improvements Plan; or | |
• Improvements, repair, operation, or maintenance of existing or new capital; or | |
• Upgrading, updating, expanding, or replacing existing Capital Improvements to serve existing Development in order to meet stricter safety, efficiency, environmental or regulatory standards; or | |
• Upgrading, updating, expanding, or replacing existing Capital Improvements to provide better service to existing Development; or | |
• Administrative and operating costs of the District and/or the County unless such costs are attributable to development of the Capital Improvements Plan, as provided in IC § 67-8208, and as amended; or | |
• Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the County or a District, as the case may be, to finance Capital Improvements identified in the Capital Improvements Plan. | |
(Ord. 2024-01, 10-16-2023)