7-6-12: EXTRAORDINARY IMPACTS:

In determining the proportionate share of the cost of system improvements to be paid by the developer, the city clerk, or his or her duly designated agent, shall consider whether any extraordinary costs will be incurred in serving the development based upon an "extraordinary impact" as defined in section 7-6-2 of this chapter. This determination shall be made prior to issuance of any permit for development and shall be paid prior to any such issuance except as may be provided pursuant to a private agreement between the parties as authorized by Idaho Code section 67-8214.

If the City Clerk, or his or her duly designated agent, determines that the development will result in an extraordinary impact, it shall advise the fee payer in writing what the extraordinary impact is, the reason for the extraordinary impact, and the estimated costs to be incurred as a result of the extraordinary impact.

Nothing in this chapter shall obligate the City to approve any development which results in extraordinary impact.

The fee payer may appeal the determination of an extraordinary impact or the amount of extraordinary costs incurred in writing by filing a notice of appeal to the City Council with the City Clerk pursuant to the terms set forth in section 7-6-11 of this chapter. When filing an appeal, the fee payer shall submit a letter providing the reason for the appeal along with supporting documentation. The City Council shall consider the appeal and make a final determination within ninety (90) days of receipt of the written appeal. (Ord. 345, 5-11-1999)