10-2-14: MISCELLANEOUS PROVISIONS:

   A.   Nothing in this chapter shall prevent the County from requiring a Developer to construct reasonable Project Improvements, as are required by any applicable laws or County adopted codes in conjunction with a Development.

   B.   Nothing in this chapter shall be construed to prevent or prohibit private agreements between property owners or Developers, the Idaho Transportation Department, and governmental entities in regard to the construction or installation of System Improvements or providing for credits or reimbursements for System Improvements Costs incurred by a Developer including inter-project transfers of credits or providing for reimbursement for Project Improvements which are used or shared by more than one (1) Development Project.

   C.   Nothing in this chapter shall obligate the County to approve Development which results in an Extraordinary Impact.

   D.   Nothing in this chapter shall obligate the County to approve any Development request which may reasonably be expected to reduce Levels of Service below minimum acceptable levels established in this chapter.

   E.   Nothing in this chapter shall be construed to create any additional right to develop real property or diminish the County in regulating the orderly development of real property within its boundaries.

   F.   Nothing in this chapter shall work to limit the use by the County of the power of eminent domain or supersede or conflict with requirements or procedures authorized in Idaho Code for local improvement districts or general obligation bond issues.

   G.   Notwithstanding any other provision of this chapter, that portion of a Project for which a complete application for a Building Permit has been received by the County, prior to the effective date of this chapter, shall not be subject to the applicable Impact Fee imposed by this chapter. If the resulting Building Permit is later revised or replaced after the effective date of the ordinance codified in this chapter, and the new Building Permit(s) reflects a Development density, intensity, size, or number of Service Units more than ten percent (10%) higher than that reflected in the original Building Permit, then the Impact Fee may be charged on the difference in density, intensity, size, or number of Service Units between the original and the revised or replacement Building Permit.

   H.   Any monies, including any accrued interest not assigned to specific System Improvements within such Capital Improvement Plans and not expended or refunded pursuant to this chapter shall be retained in the same account until the next County fiscal year.

   I.   If the County discovers an error in an adopted Impact Fee Study and Capital Improvement Plans that results in assessment or payment of more than a Proportionate Share of System Improvements Costs on any proposed Development, the County shall: (a) adjust the applicable Impact Fee to collect no more than a Proportionate Share; or (b) discontinue the collection of the applicable Impact Fee until the error is corrected by ordinance.

   J.   If Impact Fees are calculated and paid based on a mistake or misrepresentation, they shall be recalculated. Any amounts overpaid by a Fee Payer shall be refunded by the County within thirty (30) days after the County's acceptance of the recalculated amount, with interest at the legal rate provided for in Idaho Code § 28-22-104 from the date on which the fee was paid. Any amounts underpaid by the Fee Payer shall be paid to the County within thirty (30) days after the County's acceptance of the recalculated amount, with interest at the legal rate provided for in Idaho Code § 28-22-104 from the date on which the fee was paid. In the case of an underpayment to the County, the County may withhold issuance of the Building Permits or Development Approval for the Project for which the Impact Fee was paid until such underpayment is corrected, and if amounts owed are not paid within such thirty-day (30-day) period, the County may revoke any Building Permits or Development Approval issued in reliance on the previous payment of such and refund such fee to the Fee Payer.

(Ord. 995, 4-9-2025)