TITLE 7 - BUILDING REGULATIONS
The officials designated by the city as the person or persons responsible for enforcement of building and zoning regulations are hereby appointed as the building officials of the city.
(Ord. 12, 8-4-1998)
A.
Appointment; Term of Office: The city council shall have the power to appoint or contract with some person qualified and experienced in electrical, mechanical and plumbing work to be an inspector. Contracted inspectors serve in accordance with the terms of the employment contract. Appointed inspectors shall hold such office at the discretion of the city council.
B.
Duties: It shall be the duty of city inspectors to attend to the enforcement of the provisions of this code as the same shall pertain to the inspection and supervision of the electrical wiring, apparatus, equipment, machinery, signs, mechanical and plumbing within the city. He shall make a thorough and complete inspection of any work done under permits issued by this code, and shall report, in writing, to the city council at its first meeting in each month as to the inspections made during the month preceding and pay to the city treasurer at such time all fees collected in the same period.
C.
Compensation: The compensation of a city inspector shall be fixed by the city council and shall be paid in the same manner as other claims against the city.
(Ord. 17, 9-1-1998; amd. Ord. 317, 11-9-2020)
A.
System Established: There is hereby established a permit system (the "system") for electrical, mechanical, and plumbing permits required by the ordinances and resolutions of the city, to be administered by the city clerk, whereby qualified licensed contractors may obtain permits by telephone or online in lieu of purchasing permits in person at city hall.
B.
Application for License:
1.
In order to become a qualified licensed contractor under the system, a contractor must first complete and file with the city clerk an application form, signed by an authorized agent of the contractor, showing:
a.
The name, address, telephone number, and fax number of the contractor;
b.
The name of its agent authorized to obtain permits;
c.
The type of permit it seeks authorization to obtain;
d.
Its state of Idaho contractor's license number; and
e.
Such other information as the city clerk may reasonably require.
2.
In addition, the contractor must file with the city clerk a true and correct copy of its state of Idaho contractor's license to perform the type of work for which permits are requested.
C.
Authority to Contact City for Permit: Upon approval of the application by the city clerk, the applicant shall be deemed to be a qualified licensed contractor for purposes of this section. A qualified licensed contractor may contact the office of the city clerk (by telephone or online) for an electrical, mechanical, or plumbing permit in lieu of purchasing the permit in person.
D.
Payment of Permit Fees:
1.
Time Limit: Each contractor to whom a permit is issued under the system shall remit payment in full at the time of the issuance of the permit. If the tenth day following issuance of the permit falls upon a day when the office of the city clerk is not open for business, the contractor shall have until the next business day to remit the fee in full.
2.
Payment of Delinquent Fees and Penalties: Any fee not paid in full at the time of the issuance of the permit shall be increased by one hundred Percent (100%). No other permits shall be issued nor inspections performed for the contractor until the delinquent fees and penalties have been paid.
E.
Revocation of Phone-In Privilege; Right to Appeal:
1.
The city clerk may revoke the phone-in privilege of any contractor who fails two (2) or more times to pay a required fee or fees within the required ten (10) day period. Revocation shall take effect upon the mailing or faxing of written notice of revocation stating the grounds for the revocation.
2.
The contractor may appeal such revocation to the city council by filing a notice of appeal and request for a hearing with the city clerk within ten (10) days of the date of the revocation. The city council shall schedule a hearing on the appeal at a regular or special meeting of the city council and shall notify the contractor by first class mail of the date, time, and place of hearing. No publication of notice of hearing shall be required. Following the hearing, the council may affirm, reverse, or modify the decision of the city clerk.
(Ord. 47, 11-8-2000; amd. Ord. 317, 11-9-2020)
Concrete encased electrode shall be the primary grounding electrode for the city when it is installed as per article 250.50 and section 250.52(A)(3), provided all of the following conditions are met:
A.
The grounding electrode must be inspected by either the building inspector or the electrical inspector before concrete is poured.
B.
When copper electrode is used, at the end of copper it is anchored to steel rebar with approved clamp and tied with tie wire every four feet (4') to existing rebar.
(Ord. 144, 12-20-2005)
A.
Codes Adopted:
1.
The approved editions of the following internationally recognized codes, as adopted by the state of Idaho and the Idaho building code board, are adopted as the official building codes of the city, except as provided in subsection B of this section:
a.
International building code, except sections 103.2, 103.3 and 101.4.4.
b.
International residential code, parts I through IV and IX, except section R103.
c.
International energy conservation code, amending section 201.3 to refer to the uniform plumbing code.
d.
International mechanical code, except sections 103.2, 103.3 and 103.4.
e.
International fuel gas code, except section 103.
2.
The adopted versions of the foregoing codes shall be deemed superseded by successive versions of such codes as they are adopted or approved by the Idaho building code board and the state of Idaho effective on the date any such codes are made effective by the Idaho building code board and the state of Idaho.
B.
Permit Fees: Applicants shall pay permit and plan review fees in amounts to be determined by resolution of the city council. All permits required under this section require fees to be paid prior to a permit being issued, unless specified otherwise herein.
C.
Manufactured Home Installation Permits: Placement of mobile/manufactured homes shall require an installation permit. The permit applicant shall supply to the building official the same site information required from an applicant seeking a building permit for a single-family dwelling and shall pay a permit fee as set by resolution of the city council.
D.
Agricultural Buildings Excepted: "Agricultural buildings", as defined by the international building code, are exempt from the building codes adopted herein but shall remain subject to placement requirements and permits established by zoning regulations.
E.
Heat Detectors: Shall be provided in all new enclosed garages.
1.
General. Heat alarms shall be UL Listed and comply with NFPA 72.
2.
Where required. Heat Alarms shall be provided in accordance with this section.
3.
Alterations, repairs and additions. Where alterations, repairs or additions requiring a permit occur, the individual dwelling unit shall be equipped with heat alarms located as required for new attached garages.
4.
Exceptions:
a.
Work involving the exterior surfaces of dwelling, such as the replacement of roofing or siding, the addition or replacement of windows or doors, or the addition of a porch or deck.
b.
Installation, alteration or repairs of plumbing or mechanical system.
5.
Location: Heat alarms shall be installed in the following locations:
a.
In each new attached enclosed garage.
b.
Where there is a separation between bays of the garage, each bay shall have a heat detector installed.
6.
Interconnection. The alarm devices shall be interconnected in such a manner that the actuation of one alarms will activate all of the alarms in the individual dwelling unit. Physical interconnection of heat and smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm.
(Ord. 118, 1-4-2005; Amended by Ord. 408-2024 on 6/18/2024)
A.
Code Adoption: The current edition of the 2017 National Electrical Code, as adopted by the State of Idaho, is hereby adopted as the official Electrical Code of the City of Star, with the exception of the following amendments:
1.
Article 210.8(A)(7) Sinks. Delete article 210.8(A)(7) and replace with the following: Sinks located in areas other than kitchens where receptacles are installed within one and eight tenths (1.8) meters (six (6) feet) of the outside edge of the sink.
2.
Article 210.8(A)(10). Delete article 210.8(A)(10).
3.
Article 210.8(D). Delete article 210.8(D).
4.
Article 210.52(E)(3). Delete article 210.52(E)(3) and replace with the following: Balconies, Decks, and Porches. Balconies, decks, and porches having an overall area of twenty (20) square feet or more that are accessible from inside the dwelling unit shall have at least one (1) receptacle outlet installed within the perimeter of the balcony, deck, or porch. The receptacle shall not be located more than two (2.0) meters (six and one half (6 1/2) feet) above the balcony, deck, or porch surface.
5.
Where the height of a crawl space does not exceed one and four tenths (1.4) meters or four and one half (4.5) feet it shall be permissible to secure NM cables, that run at angles with joist, to the bottom edge of joist. NM cables that run within two and one tenth (2.1) meters or seven (7) feet of crawl space access shall comply with Article 320.23.
6.
Article 675.8(B). Compliance with Article 675.8(B) will include the additional requirement that a disconnecting means always be provided at the point of service from the utility no matter where the disconnecting means for the machine is located.
7.
Article 550.32(B). Compliance with Article 550.32(B) shall limit installation of a service on a manufactured home to those homes manufactured after January 1, 1992.
8.
Poles used as lighting standards that are forty (40) feet or less in nominal height and that support no more than four (4) luminaires operating at a nominal voltage of three hundred (300) volts or less, shall not be considered to constitute a structure as that term is defined by the National Electrical Code (NEC). The disconnecting means shall not be mounted to the pole. The disconnecting means may be permitted elsewhere in accordance with NEC, Article 225.32, exception 3. SEC special purpose fuseable connectors (model SEC 1791-DF or model SEC 1791-SF) or equivalent shall be installed in a listed handhole (underground) enclosure. The enclosure shall be appropriately grounded and bonded per the requirements of the NEC applicable to Article 230-Services. Overcurrent protection shall be provided by a (fast- acting - minimum - 100K RMS Amps 600 VAC) rated fuse. Wiring within the pole for the luminaires shall be protected by supplementary overcurrent device (time-delay - minimum - 10K RMS Amps 600 VAC) in break-a-away fuse holder accessible from the hand hole. Any poles supporting or incorporating utilization equipment or exceeding the prescribed number of luminaires, or in excess of forty (40) feet, shall be considered structures, and an appropriate service disconnecting means shall be required per the NEC. All luminaire-supporting poles shall be appropriately grounded and bonded per the NEC.
9.
Compliance with Article 210.12 Arc-Fault Circuit-Interrupter Protection. Article 210.12 shall apply in full. Exception: In dwelling units Arc-Fault Circuit-Interrupter Protection shall only apply to all branch circuits and outlets supplying bedrooms. All other locations in dwelling units are exempt from the requirements of Article 210.12.
B.
General Wiring Methods: Any of the general wiring of chapter 3 of the National Electrical Code, so classified by the article itself as a general wiring method, shall be allowed as the wiring method for buildings and premises in the City of Star, subject only to the limitations, restrictions and prohibited uses contained in the article itself or as amended:
1.
Suspended Ceiling Luminaire: Suspended ceiling luminaires are to be supported by independent support wires from structure to fixture, including wiring boxes for smaller luminaires such as Exit signs. Luminaires over one foot (1') square shall have two (2) supports, one (1) on each diagonal corner.
2.
Bell Ringing Transformers: Bell ringing transformers shall be located to be accessible and shall not be located in an attic.
3.
Smoke Detectors: Smoke detectors in residential units shall be wired to a general wiring circuit.
C.
Permit Fees: Applicants shall pay permit fees in amounts to be determined by resolution of the City Council. All permits required under this section require fees to be paid prior to a permit being issued or by standards set under phone-in permit system in section 7-1-3 of this chapter, unless otherwise specified herein.
(Ord. 261, 6-6-2017; Amended by Ord. 408-2024 on 6/18/2024)
The current edition of the 2009 Idaho State Plumbing Code, or as may be updated by the State of Idaho, one (1) copy of which is on file in the Office of the City Clerk, including all provisions for the issuance of permits, all provisions for penalties for the violation thereof, and all other regulations, provisions, conditions, and terms thereof, is hereby regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City of Star, Idaho; and each and all of the regulations, provisions, conditions and terms of such 2009 Idaho State Plumbing Code, or as may be updated by the State of Idaho, on file in the Office of the City Clerk, is hereby referred to, adopted and made a part hereof as if fully set out in this section. Plumbing permit and inspection fees and charges shall be established by resolution of the City Council, and may periodically be amended and revised by resolution.
(Ord. 226, 12-18-2012)
The City here by adopts the current edition of the International Fire Code as adopted by the State of Idaho, including any revisions thereto as may periodically be adopted by the State o Idaho, and including all applicable appendix chapters and standards contained therein, published by the International Code Council, a copy of which is on file in the office of the City Clerk, in accordance with Idaho Code Section 50-901.
(Adopted by Ord. 408-2024 on 6/18/2024)
The City hereby adopts the current edition of the International Swimming Pool and Spa Code as adopted by the State of Idaho, including any revisions thereto as may periodically be adopted by the State of Idaho, and including all applicable appendix chapters and standards contained therein, published by the International Code Council, a copy of which is on file int eh office of the City Clerk, in accordance with Idaho Code Section 50-901.
(Adopted by Ord. 408-2024 on 6/18/2024)
The City hereby adopts the current edition of the International Existing Building Code as adopted by the State of Idaho, including any revisions thereto as may periodically be adopted by the State of Idaho, and including all applicable appendix chapters and standards contained therein, published by the International Code Council, a copy of which is on file int eh office of the City Clerk, in accordance with Idaho Code Section 50-901.
(Adopted by Ord. 408-2024 on 6/18/2024)
In accordance with Idaho Code section 50-901, three (3) copies of the codes adopted by reference in this chapter, duly certified by the City Clerk, shall be retained by the City for use and examination by the public, at least one (1) of which shall be in the Office of the City Clerk.
(Ord. 12, 8-12-1998; Amended by Ord. 408-2024 on 6/18/2024)
A.
Style Specifications:
1.
Downtown Fixtures: Downtown fixtures shall conform to the following specifications:
2.
Subdivision and Development Applications: Developers are encouraged to use other fixtures than are designated in subsection A1 of this section. The Sun Valley Lighting SIGMA2 luminaire is reserved for city use. Developers are free to use any other manufacturer so long as the streetlights (post and luminaire) are of a "historic or decorative" style. The style must be maintained throughout all phases of development. Any development along State Highway 44 and Star Road shall follow the standards listed in subsection A1 of this section.
B.
Material Specifications and Other Requirements:
1.
Materials: Heavy wall, copper free cast aluminum from ASTM 356.1 ingot, with round shafts extruded from aluminum, ASTM 6063 alloy, heat treated to T6 temper. Anchor bolts to be hot dip galvanized.
2.
Construction: Pole shall be double welded to the base casting. The pole shall be circumferentially welded inside the base casting. All exposed welds below eight feet (8') shall be ground smooth. Welding shall be per ANS/AWS D1.2-90.
3.
Dimensions: The post shall be a minimum of twelve feet (12') in height, but no more than sixteen feet (16') in height. A base is required and shall be a minimum of seventeen inches (17") high and eight and five-eighths inches (8 5/8") in diameter. The shaft shall be three (3) to four inches (4") in diameter. The top of all posts shall have an integral three inch (3") O.D. tenon with a transitional donut for luminaire mounting.
4.
Installation: The installation shall meet the requirements of the Idaho standards for public works construction for street lighting installation.
5.
Light Source: Lamps shall be metal halide, one hundred (100) watts per pole, or otherwise approved by the council.
6.
Voltage: Shall be 120/240 as per shop drawing or other submittal.
7.
Photo Electric Control: Each cell shall have a photo cell per manufacturer conforming to ISPWC or equal.
8.
Finish: Dark colored poles are preferred, but must be consistent throughout the entire subdivision or development.
C.
ISPWC Modification: Any specifications not covered by this chapter shall be governed by the ISPWC.
(Ord. 225, 12-18-2012)
A.
Highways, Collectors and Arterials:
1.
Streetlights shall be located in the space between existing curb and existing sidewalk on State Street.
2.
In locations where there are no curb and/or sidewalks, streetlights shall be located in the area set forth by Ada County highway district or Idaho transportation department as public right-of-way and in alignment with any existing streetlights.
3.
Streetlights shall be located behind existing sidewalk where curb, sidewalk and conduit already exist.
4.
Streetlight spacing is recommended at approximately one hundred feet (100'), allowances being made for driveways, length of street/block and any other obstructions.
B.
Local Streets:
1.
Streetlights shall be located behind sidewalks.
2.
In instances where a developer constructs street sections utilizing Ada County highway district approved drainage swales, streetlights shall be located between the ribbon curb and the sidewalk, with a preference that the streetlights be located as close to the sidewalk as possible.
3.
Streetlights shall be located at all intersections and ends of cul-de-sacs and at all other locations designated by the city, including, but not limited to, along Star Road and Highway 44.
(Ord. 225, 12-18-2012)
A.
Where there is no existing streetlight, a streetlight shall be installed by a property owner or business when: 1) a building permit is issued; 2) a change of use or zoning occurs; or 3) improvements are made to property within existing right-of-way.
B.
Where there are existing streetlights, the style of the streetlights shall be maintained along the length of the street.
(Ord. 225, 12-18-2012)
The city council finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the city. It is the intent by enacting this chapter to:
A.
Ensure that adequate facilities are available to serve new growth and development;
B.
Promote orderly growth and development by establishing uniform standards by which the city may require that those who benefit from new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development;
C.
Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development requirements;
D.
Collect and expend development impact fees pursuant to the enabling powers granted by the provisions of the Idaho development impact fee act 1 ;
E.
Provide the legal and procedural basis for the implementation of development impact fees within the area of city impact; and
F.
Ensure that any capital improvement funded wholly or in part with impact fee revenue shall first be included in an approved capital improvements plan that lists the capital improvements that may be funded with impact fee revenues as well as the estimated costs and timing for each improvement.
(Ord. 150, 4-18-2006)
1 State law reference—IC § 67-8201 et seq.
For the purpose of this chapter, the following terms, phrases and words shall have the meanings given herein:
APPLICANT: Person who applies for a building permit or is otherwise subject to the provisions of this chapter.
APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or other official act of the city.
BUILDER: Person who applies for a building permit or is otherwise subject to the provisions of this chapter.
BUILDING: Any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind.
BUILDING PERMIT: An official document or certificate by that name issued by the city of Star, authorizing the construction or siting of any building.
CAPITAL IMPROVEMENTS: Improvements with a useful life of ten (10) years or more, by new construction or other action, which increase the service capacity of a public facility or service.
CAPITAL IMPROVEMENTS PLAN: A plan adopted and amended pursuant to the provisions of the development impact fee act, Idaho Code section 67-8208, which identifies capital improvements for which development impact fees may be used as a funding source.
CITY COUNCIL: The city council of the city of Star, Idaho.
CITY PARK SYSTEM: Includes all park and recreation facilities operated by the city.
COMMUNITY PARK:
A.
A park planned primarily to provide active and structured recreation activities for young people and adults. In general, community park facilities are designed for organized activities and sports, although individual and family activities are also encouraged. Community parks can also provide indoor facilities to meet a wider range of recreation interests. Where there are no neighborhood parks, the community park can also serve this function.
B.
In comparison to neighborhood parks, community parks serve a much larger area and offer more facilities. Their service area is roughly a one to two (2) mile radius, and will support a population of approximately seven thousand five hundred (7,500) to fifteen thousand (15,000) persons, depending upon size and facilities. As a result, they require more support facilities such as parking, restrooms, covered play areas, etc. Community parks are usually about twenty (20) acres in size and often have sports fields or similar facilities as the central focus of the park.
COMPREHENSIVE PLAN: The city of Star comprehensive plan known as "the city of Star comprehensive plan" as updated and amended from time to time pursuant to Idaho Code section 67-6508.
CREDITS: The present value of system or service improvements, contribution or dedication of land or money required by the city from a developer for system or service improvements of the category for which the development impact fee is being collected.
DEDICATION: A deliberate appropriation of land by its owner for use as "public facilities", as the same are defined herein.
DEVELOPER: A person that undertakes the subdivision of property as defined in the city of Star subdivision ordinance or is otherwise subject to the provisions of this chapter.
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, or the subdivision of property that would permit any change in the use, character or appearance of land, which creates additional demand and need for public facilities.
DEVELOPMENT APPROVAL: Any written authorization from the city which authorizes the commencement of a development.
DEVELOPMENT IMPACT FEE: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system or service improvements needed to serve development. This term is also referred to as an impact fee in this chapter. The term does not include the following:
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.
D.
Amounts collected from a developer in a transaction in which the 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 REQUIREMENT: A requirement attached to a development 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.
DWELLING UNIT: A building or portion of a building designed for, or whose primary purpose is for, residential occupancy and which consists of one or more rooms which are arranged, designed or used as living and/or sleeping quarters for one or more persons. "Dwelling unit" includes "mobile home".
EXISTING DEVELOPMENT: The lawful land use which physically exists or for which the landowner holds a valid building permit as of the effective date hereof, or that maximum level of development activity for which a previous impact fee was paid under the provisions of this chapter. As used in this chapter, the term "lawful land use" shall not include a land use which has been established or maintained in violation of this chapter or other applicable ordinances of the city of Star.
EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact.
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the city 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 which are not identified in the capital improvements plan.
FEE ADMINISTRATOR: The official or designee appointed by the mayor, with city council approval, to administer this chapter.
FEE PAYER: A person intending to commence a proposed development for which an impact fee computation is required, or a person who has paid an impact fee, provided a letter of credit, or made a contribution in lieu of fee pursuant to this chapter.
IMPACT: The effect on the local public facilities and services in a given area produced by the additional population attracted by development.
INDIVIDUAL PROJECT ASSESSMENT: An assessment of a particular project based upon an agreement between a fee payer and the city after review of materials and information submitted by a fee payer whereby clear and convincing evidence has established that the impact fee requires adjustment.
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.
LEVEL OF SERVICE: A measure of the relationship between service capacity and service demand for public facilities.
MANUFACTURED HOME: A structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, 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 which 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 which 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 USC 5401 et seq.
MOBILE HOME: (See also definition of Manufactured Home.) A transportable, factory built home, designed to be used as a year round residential dwelling and built prior to the enactment of the federal manufactured housing construction and safety standards act of 1974, which became effective June 15, 1976.
MODULAR BUILDING: Any building or building component, other than a manufactured home, which is constructed according to standards contained in the international building code, as adopted by the city, 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.
NEIGHBORHOOD PARK: A combination playground and park, designed primarily for nonsupervised, nonorganized recreation activities. They are generally small in size (about 5 acres), and typically serve residents within a half mile radius. At average residential densities, this amounts to a service area population of about three thousand (3,000) to five thousand (5,000) residents. Since these parks are located within walking and bicycling distance of most users, the activities they support often become a daily pastime for neighborhood children.
NONRESIDENTIAL DEVELOPMENT: Any development project not providing for residential dwelling units.
OWNER: The person holding legal title to the real property, including the local, state or federal government or any subdivision thereof.
PARK AND FACILITIES: All park lands and facilities as described in the comprehensive plan including neighborhood, community, linear and regional parks as well as special use and open space areas together with the park system improvements necessary to support the recreation needs of the population served and to be served as identified in the plan.
PARK PLANNING AREA: A statistical area of the official city of Star area of city impact. Community park facilities in Star are deemed to serve the entire community and impact fees for such facilities shall be charged equally within the boundaries of the Star area of city impact, including the city of Star.
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 identifiable parcel of land.
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.
PROPORTIONATE SHARE: That portion of the cost of system improvements determined pursuant to Idaho Code section 67-8207, which reasonably relates to the service demands and needs of the project.
PUBLIC FACILITIES: Shall include:
A.
Wastewater collection, treatment and disposal facilities;
B.
Storm water collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements;
C.
Landscaping associated with roads, streets and bridges and rights of way associated therewith;
D.
Parks, open space and recreation areas, and related capital improvements; and
E.
Public safety facilities, including law enforcement, fire, emergency medical and rescue and street lighting facilities.
PUBLIC FACILITIES PLANNING AREA: A designated area identified in the comprehensive plan and capital facilities plan for which public facilities needs have been determined based upon assumptions made in accordance with generally accepted planning and engineering standards.
SERVICE AREA: Any defined geographic area identified by the city in the comprehensive plan or by intergovernmental agreement between the city and another governmental entity, in which specific facilities provide service to development within the area defined, on the basis of sound planning or engineering principles or both.
SERVICE UNIT: A standardized measure of consumption, use, generation, discharge or need attributable to an individual unit of development calculated in accordance with generally accepted municipal, engineering or planning standards for a particular category of capital improvements.
SYSTEM IMPROVEMENT COSTS: Costs incurred for construction or reconstruction of system or service improvements, including design, acquisition, engineering and other costs attributable thereto, and also including, without limitation, the types of costs described in Idaho Code section 50-1702(h), to provide additional public facilities or services needed to serve new growth and development. For clarification, "system improvement costs" do not include:
A.
Construction, acquisition or expansion of public facilities or services 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 in order to meet stricter safety, efficiency, environmental or regulatory standards;
D.
Upgrading, updating, expanding or replacing existing capital improvements solely for the purpose of providing better service to existing development;
E.
Administrative and operating costs of the city, unless such costs are attributable to development of the capital improvements 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 city to finance capital improvements identified in the capital improvements plan.
SYSTEM IMPROVEMENTS: In contrast to project improvements, means capital improvements to public facilities which are designed to provide service to a service area including, without limitation, the types of improvements described in Idaho Code section 50-1703.
UNIT(S) OF DEVELOPMENT: A quantifiable increment of development activity dimensioned in terms of dwelling units, or other appropriate measurements contained in the impact fee schedule.
(Ord. 150, 4-18-2006)
A.
Benefit from New Growth and Development: The provisions of this chapter shall apply uniformly to all those who benefit from new growth and development, except as provided below.
B.
Exceptions: The provisions of this chapter shall not apply to the following:
1.
Rebuilding the same amount of floor space of a structure which was destroyed by fire or other catastrophe, provided the structure is rebuilt and ready for occupancy within two (2) years of its destruction.
2.
Remodeling or repairing a structure which does not increase the number of service units.
3.
Replacing an existing residential unit, including a modular building or manufactured/mobile home, with another residential unit on the same lot; provided, that the number of service units does not increase.
4.
Placing a temporary construction trailer or office on a lot.
5.
Constructing an addition on a residential structure which does not increase the number of service units.
6.
Adding uses that are typically accessory to residential uses, such as tennis courts or a clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements.
7.
Upon demonstration by fee payer by documentation such as utility bills and tax records, to the installation of a modular building, manufactured/mobile home or recreational vehicle on that same lot or space for which a development impact fee has been paid previously, and as long as there is no increase in service units.
C.
Exemptions: An exemption must be claimed by the fee payer upon application for a building permit. Any exemption not so claimed shall be deemed waived by the fee payer. Applications for exemption shall be submitted to and determined by the city clerk, or his or her duly designated agent, within ninety (90) days. Appeals of the city clerk's, or his or her duly designated agent's, determination shall be made under the provisions of section 7-3-18 of this chapter.
(Ord. 150, 4-18-2006)
A.
Time of Payment: The development impact fee shall be paid and collected at the time of issuance of a building permit or a manufactured/mobile home installation permit.
B.
Building Permit Issuance: No building permit or other equivalent city approval shall be issued for "development", as defined in section 7-3-2 of this chapter, unless the impact fee is paid pursuant to this chapter.
C.
Manufactured/Mobile Home Unit: A manufactured/mobile home unit may not locate on a manufactured/mobile home site unless the impact fee is paid pursuant to this chapter or has been paid on a previous manufactured/mobile home unit on the same site.
D.
Lawful Remedies of City: In the event payment is dishonored, the city shall have all lawful remedies including, but not necessarily limited to: the withholding of utility services; the imposition of reasonable interest and penalties; the imposition of liens pursuant to Idaho Code title 45, chapter 5; the withholding of other city approvals required for the development of other properties owned by the fee payer; the issuance of "stop work" orders; and the revocation or suspension of the building permit.
(Ord. 150, 4-18-2006)
The development impact fee reflects the need for capital improvements to public facilities or services made necessary by new development. Any person requesting a building permit for development or who is otherwise subject to this chapter shall pay the impact fee equal to the sum of impact fees reflected in the impact fee schedule set forth in this chapter and determined pursuant to the following:
A.
Fee Limitation: The development impact fee shall not exceed a "proportionate share" of the costs incurred or the costs that will be incurred by the city in the provision of "system improvements" to serve the new development.
B.
Proportionate Share: The "proportionate share" is the cost attributable to the new development after consideration by the city of the following factors:
1.
Any appropriate credit, offset or contribution of money, dedication of land, or construction of system improvements;
2.
Payments reasonably anticipated to be made by or as a result of the new development in the form of user fees and debt service payments;
3.
That portion of general tax and other revenues allocated by the jurisdiction to system improvements; and
4.
All other available sources of funding such system improvements.
C.
Additional Factors: In determining the "proportionate share" of the cost of system improvements to be paid by the developer, the following additional factors shall be considered and accounted for in calculation of impact fees:
1.
The cost of existing system improvements within the service area or areas impacted by the new development;
2.
The means by which existing system improvements have been financed;
3.
The extent to which the new development will contribute to the cost of system improvements through taxation, assessments, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions directly related to the development to which impact fees will be assessed;
4.
The extent to which the new development is required to contribute to the cost of existing system improvements in the future;
5.
The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas impacted by the new development;
6.
Extraordinary costs, if any, incurred in serving the new development;
7.
The time and price differential inherent in a fair comparison of fees paid at different times; and
8.
The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation as set forth more specifically in the comprehensive plan as required by Idaho Code section 67-8207(2)(h).
D.
Protection Against Increasing Fees: After payment of development impact fees to the fee administrator or the execution of an agreement for payment of development impact fees, additional impact fees or increases in fees may not be assessed unless the number of service units increases or the scope or schedule of the development changes. In the event of an increase in the number of service units or schedule of the development changes, the additional development impact fees to be imposed are limited to the amount attributable to the additional service units or change in scope of the development.
E.
Method of Collection: To ensure collection of development impact fees, the fee administrator may use the following means and methods; provided, however, that if the fee administrator, or the development impact fee advisory committee discovers an error in the impact fee formula that results in assessment or payment of more than a proportionate share, the impact fee shall be adjusted at the time of assessment on a case by case basis to collect only a proportionate share, or the collection of any impact fee may be suspended until the error is formally corrected:
1.
Additions to the fee for interest at the highest legally allowable rate as well as a penalty of five percent (5%) if the payment is more than thirty (30) days late under the terms of this chapter or the agreement between the developer and the city;
2.
Withholding the building permit or other approval until the impact fee is paid;
3.
Withholding utility services until the impact fee is paid; and
4.
Imposition of liens for failure to timely pay the impact fee following the procedures set forth in Idaho Code title 45, chapter 5.
(Ord. 150, 4-18-2006)
Unless otherwise agreed in writing by the developer and the city, all development impact fees shall be paid no earlier than the commencement of construction of the development, or the issuance of a building permit or a manufactured home installation permit. It is intended that this requirement extend to any owner or builder, including the state of Idaho, the United States of America and any other governmental or quasi- governmental entity where allowed by law.
A.
General Formula: The development impact fee per service unit may not exceed the amount determined by dividing the costs of the capital improvements described in the capital improvements plan and as required by Idaho Code section 67-8208(1)(f), by the total number of projected service units as described in the comprehensive plan and as required by Idaho Code section 67-8208(1)(g). If the number of new service units projected over a reasonable period of time is less than the total number of service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee per service unit shall be calculated by dividing the costs of the part of the capital improvements necessitated by and attributable to the projected new service units described in Idaho Code section 67-8208(1)(g), by the total projected new service units described in that section.
B.
Permit Fee Increased; No Refund: In the case of development activity involving a change of use and/or magnitude of use in which a building permit is required, the applicant shall be required to pay the computed impact fee for any proposed development activity for which the impact fee has not been previously paid. When any building permit expires or is revoked after the effective date hereof and a fee has not previously been paid under this chapter, the applicant shall be required to comply with the provisions herein. No refunds will be given for proposed development activity resulting in a negative fee calculation.
C.
Exemption to Fee: No impact fee payment shall be required for any development activity when the total calculated fee is less than five dollars ($5.00).
D.
Fee Administrator Determination: If the type of dwelling unit within a proposed or current development is not specified in the impact fee schedule, the fee administrator shall use the dwelling unit most nearly comparable in computing the fee. This determination shall be made at the discretion of the fee administrator, with appeal to the city council if the applicant disagrees with the fee administrator's determination.
E.
Criteria for Determination: In determining existing development activity and the units of proposed or existing development, the fee administrator shall use the building permit or zoning certificate or use information contained in the building or zoning records of the city.
F.
Manufactured Homes; Possible Exemption: A development impact fee will be assessed for installation of a modular building, manufactured home or mobile home unless the fee payer can demonstrate by documentation such as utility bills and tax records that either:
1.
A modular building, manufactured home or mobile home was legally in place on the lot or space prior to the effective date hereof; or
2.
A development impact fee has been paid previously for the installation of a modular building, manufactured home or mobile home on that same lot or space.
(Ord. 150, 4-18-2006)
A.
Qualification: The fee payer or current owner shall be entitled to a refund of the impact fee if: 1) a building permit encompassing fee paying development is denied or abandoned; or 2) if the public facility or service for which the fee was paid is available but never provided; or 3) the city, after collecting the fee when the public facility for which the fee was paid is not available, has failed to appropriate and expend the collected development impact fees within five (5) years on a first in, first out (FIFO) basis, unless the city has identified, in writing, a reasonable cause for holding the fees longer than five (5) years, but in no event may the fees be held longer than eight (8) years; or in determining whether this section applies, the date of application, for any incomplete application, shall be the date the application is made complete. Amendments and supplements to an application to achieve completeness do not relate back to the original application date; the fee payer pays a fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the proportionate share. However, no refund shall be provided for the cost of completed improvements contributed in lieu of fee unless otherwise provided for in a development agreement.
B.
Refund Made with Interest; Requested: Any impact fee trust funds refunded shall be returned to the fee payer or current owner by the fee administrator with accrued interest at one-half (1/2) the legal rate, as provided for in Idaho Code section 28-22-104, from the date on which the fee was originally paid. The fee payer or current owner shall be required to submit a written request for refund to the fee administrator before issuance of the refund can be authorized. No refunds of development impact fees will be provided for in the event the fee payer or current owner does not request such a refund prior to the expiration of one year following the five (5) year period from the date the development impact fee was paid.
C.
Prompt Reimbursement: Refunds shall be sent to the fee payer, or person entitled to such refund, within ninety (90) days after determination by the city that a refund is due.
D.
Council Approval for Expenditures: Funds shall be deemed expended for purposes of this chapter when payment of said funds has been approved by the city.
(Ord. 150, 4-18-2006)
A.
Based on Present Value: In the calculation of impact fees for a particular project, credit shall only be given for the present value of any construction of system improvements, or contribution or dedication of land, or an interest in land or money required by the city from a developer for system improvements. Credit shall not be given for project improvements.
B.
Taxes and User Fees: In the calculation of development impact fees for a particular project, credit shall be given for the present value of all tax and user fee revenue generated by the developer within the service area where the impact fee is being assessed and used by the city for system improvements of the category for which the development impact fee is being collected. If the amount of the credit exceeds the proportionate share for the particular project, the developer shall receive a credit on future impact fees for the amount in excess of the proportionate share. The credit may be applied by the developer as an offset against future impact fees only in the service area where the credit was generated.
C.
Duplication of Fees: A developer who is required to construct, fund or contribute system improvements in excess of the development project's proportionate share of system improvements costs shall, at the developer's choice, receive a credit against future impact fees or be reimbursed for such excess construction, funding or contribution from analogous impact fees to be paid by future development located in the service area which is benefited by such improvements.
D.
Disposition of Excess Funds: If credit or reimbursement is due to the developer pursuant to this section, the city and the developer shall enter into a written agreement, negotiated in good faith, prior to the construction funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement.
E.
Documentation; Determination; Appeal: Any person requesting such credit or reimbursement shall present documentation of costs or payments for facilities to be considered by the fee administrator for use in determining the amount of credit or reimbursement to be given. The determination shall be made no more than thirty (30) days after complete documentation is submitted to the fee administrator. Any appeal from such a decision by the fee administrator will be reviewed by the city council pursuant to the procedures set forth in section 7-3-18 of this chapter.
(Ord. 150, 4-18-2006)
In the event that a developer intends to contribute or dedicate an interest in land in lieu of paying impact fees or a portion thereof, the following procedures and criteria shall be applied:
A.
Qualifying Land: The fee administrator, with the advice of the appropriate department head and the city attorney, will determine whether the land proposed for dedication is acceptable. He will be guided by the following consideration:
1.
Size: The size of the parcel is expressed as a net amount and is exclusive of street rights of way, existing and proposed easements, borrow pits, lakes and other manmade or natural conditions which restrict or impede the intended use of such areas.
2.
Unity: The land to be dedicated shall form a single parcel of land, except where aforesaid review determines that two (2) or more parcels would be in the best public interest.
3.
Shape: The configuration of the parcel of land is such as to be usable for public facilities purposes as determined by the city.
4.
Location: The land to be dedicated is so located as to serve the needs of the development, by being within the service area and/or public facilities service zone.
5.
Access: Appropriate access to the land to be dedicated is provided by improved public street frontage.
6.
Utility: Dedicated land should be usable for public facilities purposes and meet the following criteria prior to its final acceptance by the city council:
a.
The property is platted and ready to be developed so that no funds would be required to be expended for site development.
b.
All utilities are in place and are at the perimeter of the site and include roads, walks, curbs, water lines, sewer lines, electric service lines, and telephone service lines.
c.
All utilities are of sufficient quality and quantity to adequately service the site.
d.
The property is filled and compacted to comply with all appropriate subdivision codes, building and zoning codes, and flood insurance laws and regulations. The fill and compaction are of sufficient quality to accept the improvements contemplated.
7.
Plans: City, regional and state plans shall be taken into consideration when evaluating land proposals for dedication.
8.
Site Characteristics: The fee administrator shall determine, based on specific review of each application, whether the proposed site contains the requisite site characteristics consistent with public facilities criteria. This determination shall be in writing and shall specify the reasons the site was approved or denied credit for inclusion in the land dedication requirement. The fee administrator's determination shall be made within thirty (30) days from the date of receipt of the request and shall be forwarded to the council for action. The council may affirm, reject or revise the determination of the fee administrator and must provide written findings of fact and conclusions of law.
B.
Appeals Process: Appeals of the fee administrator's determination of land suitability shall be made to the city council by the filing of an appeal with the city clerk no later than ten (10) days following the date of the decision of the fee administrator.
(Ord. 150, 4-18-2006)
A.
Fund Established: All impact fees will be deposited in a designated "trust fund". Interest bearing trust accounts shall be established and maintained by the city, said trust accounts shall correspond to the area contained in the corporate boundary as the same is adopted and amended from time to time by action of the city council. The city shall maintain accounting records for each category of system improvements within each service area for which impact fees are collected. All interest earned on any impact fee fund shall accrue to that fund and shall be subject to all restrictions placed upon the use of impact fees pursuant to this chapter.
B.
Areas to Correspond: Public facilities planning area (service area) shall correspond to the corporate boundary and the area of city impact identified in the comprehensive plan, and the same area adopted as part of capital improvements plan approved by the city council, indicating the designated planning areas for the public facilities needed, including, but not limited to, those associated with parks and recreation.
C.
Costs of Administration Separated: All impact fees collected by the fee administrator will be promptly deposited into the proper trust account, excepting that portion of fees attributable to development of a capital improvement plan, as provided in Idaho Code section 67-8208, which will be directed to the appropriate department to underwrite the cost of administering this chapter.
(Ord. 150, 4-18-2006)
A.
Limited Use: Except as otherwise provided herein, funds from the impact fee trust funds, including any accrued interest, shall be limited to the financing of acquisition, expansion, and/or improvement of real property, capital facilities, or for principal and interest payments (including sinking fund payments) on bonds or other borrowed revenues used to acquire, expand or improve such facilities or services necessitated by the impact of new development within the community.
B.
First in, First Out: Trust account funds shall be deemed expended in the order in which they are collected.
C.
Fair Distribution of Funds: In the event that the level of service standards for public facilities have been met within a particular area of the community, the city council may authorize the mayor or his designee, following a public hearing, to expend the funds in another area of the community for system improvements of the same category, in a fair and reasonable proportion to the fees charged. Said authorization shall only be permitted upon a finding that the expenditure will fairly and proportionately mitigate the impacts of and will fairly and proportionately benefit the development paying the fees in question.
D.
Allowable Adjustments to Expenditures: In the event compliance with the level of service standard for public facilities meets or exceeds the projected population estimates adopted in the comprehensive plan through the year 2015, the city council may authorize the mayor or his designee, following a public hearing, to expend the additional impact fees collected from the development in excess of original projections, for system improvements within the community from which the fees were collected. Said authorization shall be permitted upon a finding that the expenditure will mitigate the impacts of and will benefit the development paying the fees in question in a fair and proportionate manner.
E.
Annual Financial Report: A financial report shall be provided annually by the fee administrator to the mayor and council, describing the amount of all development impact fees collected, appropriated, or spent during the preceding fiscal year, setting out the category of public facility and service area and describing the percentage of tax and other revenues (other than impact fees) collected, appropriated, or spent for system improvements during the preceding year by category of public facility and service area.
F.
Protest Process: Any interested citizen may challenge the expenditure of any impact fee funds within one year of said expenditure by filing a written protest with the city clerk. The city clerk shall set the matter for hearing before the city council within thirty (30) days of the filing of such protest. The protesting party shall specifically identify the impact fee expenditure and the basis of the protest. The city council shall render a decision regarding the protest within thirty (30) days after the close of the hearing on the matter.
(Ord. 150, 4-18-2006)
A.
Incorporation of Standards: This section addresses the development impact fees collected for park and recreation service improvements. The comprehensive plan, including the capital improvement plan developed pursuant to Idaho Code section 67-8208 and incorporated into the comprehensive plan, as adopted by the city council together with the land use, acquisition and construction cost and service unit assumptions upon which said plan is based, are hereby incorporated into this section by reference.
B.
Incorporation of Maps: The maps contained within the comprehensive plan are hereby incorporated into this section by reference. Copies of said maps may be obtained at the office of the city clerk.
C.
Park Impact Fee; Purpose and Implementation: All residential development is deemed to create an impact and, therefore, an increased demand for park and recreation services. As such, the cost for new public park facilities should be borne by new users of park and recreation facilities to the extent new use requires new facilities. Therefore, any application for a building permit enabling the construction on or after the effective date hereof shall be subject to the imposition of park and recreation impact fees in the manner and amount set forth in this section.
D.
Payment of Park Impact Fee: Prior to receiving a building permit or commencing construction of any building for which park impact fees are to be paid pursuant to this chapter, whichever first occurs, the applicant therefor must demonstrate that the appropriate impact fee has been paid to the fee administrator. The fee administrator and/or the public works department director shall have the authority to withhold a building permit or stop construction, as the case may be, until the appropriate impact fee has been collected.
E.
Methodology: The methodology adopted for the purpose of determining park and recreation impact fees shall be based upon the assumptions set forth in the comprehensive plan that new neighborhood and community park facilities are needed in Star to serve growth. Said assumptions, based upon the "existing and future facilities approach", set the existing standard for park needs as set forth:
F.
Adjusted Development Impact Fee: The development impact fee shall be adjusted so that the impact fee imposed does not exceed a proportionate share of the costs incurred or to be incurred by the city in the provision of system improvements to serve new development. The fee payer's proportionate share is the cost attributable to the new development after consideration of the factors set forth in Idaho Code section 67-8207. The adjustments are as follows:
1.
Homeowners' proportionate share equals the portion of their tax dollars used to develop city parks. Star average residential value times Star levy rate times percentage of city actual tax dollars spent on park development.
2.
City's proportionate share equals the tax dollars the city council will commit to develop parks.
G.
Individual Project Assessment: An individual project assessment of park impact fees is permitted in situations where the fee payer can demonstrate by clear and convincing evidence established through verified studies, data, and other relevant information submitted by the developer that the established impact fee is inappropriate.
1.
Written application for individual project assessment shall be made to the fee administrator at any time prior to receiving building permits or other necessary approvals. Late applications for an individual project assessment of park impact fees may be considered for a period of sixty (60) days after the receipt of the building permit only if the fee payer makes a showing that the facts supporting such application were not known or discoverable prior to receipt of the building permit and that undue hardship would result if said application is not considered.
2.
The fee administrator shall render a written decision regarding the individual project assessment of park impact fees within thirty (30) days of the date a complete application for individual project assessment is submitted. The decision shall address the evidence submitted by the developer, and include an explanation of the calculation of the impact fee and other relevant factors. The decision of the fee administrator shall establish the park impact fee for the project in question for so long as there is no material change to the project as identified in the individual assessment application. The decision of the fee administrator shall be forwarded to the council for action. The council may accept, reject or revise the fee administrator's decision regarding individual project assessment and shall provide written findings of fact and conclusions of law.
3.
Appeals of the fee administrator's determination of individual project assessment shall be made to the city council by the filing of an appeal with the city clerk no later than ten (10) days following the date of the decision of the fee administrator.
H.
Certification: Certification of the park impact fee schedule for a particular project may be applied for in the following manner:
1.
Written application may be made to the fee administrator not later than sixty (60) days after preliminary plat approval by the city council. Late applications for certification of the park impact fee schedule will not be considered unless the fee payer makes a showing that the facts supporting such application were not known or discoverable until after the time had run and that undue hardship would result if said application is not considered.
2.
The fee administrator shall provide the applicant, upon request, with a written park impact fee schedule for the particular project within thirty (30) days of the date of application. The certified schedule provided by the fee administrator shall be based upon the comprehensive plan, shall include an explanation of the calculation of the impact fee, including an explanation of factors considered under Idaho Code section 67-8207, shall identify the system improvement(s) for which the impact fee is intended to be used, and shall establish the park impact fee for the project in question so long as there is no material change to the project as identified in the individual assessment application.
3.
The certification of the park impact fee schedule may be appealed to the city council as provided in section 7-3-18 of this chapter.
(Ord. 150, 4-18-2006; Ord. 228, 1-16-2013)
Pursuant to Idaho Code section 67-8208(1), there is hereby imposed a surcharge, in addition to each development impact fee, in the amount of twenty dollars ($20.00) per residential unit.
(Ord. 150, 4-18-2006)
A.
Determination: 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 7-3-2 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.
B.
Advise Fee Payer: 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.
C.
Approval Rests with City: Nothing in this chapter shall obligate the city to approve any development which results in extraordinary impact.
D.
Right to Appeal: 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 7-3-18 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. 150, 4-18-2006)
Funds pledged toward retirement of bonds, revenue certificates, or other obligations of indebtedness for such projects may include impact fees and other city revenues as may be allocated by the city council.
(Ord. 150, 4-18-2006)
This chapter shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements, or any other aspect of the development of land or provision of capital improvements subject to the zoning and subdivision regulations or other regulations of the city, which shall be operative and remain in full force and effect without limitation with respect to all such development.
(Ord. 150, 4-18-2006)
Nothing in this chapter shall limit or modify the rights of any person to complete any construction for which a lawful building permit was issued prior to the effective date hereof.
(Ord. 150, 4-18-2006)
Except as otherwise provided in this chapter, the decisions of the fee administrator may be appealed by the fee payer to the city council. Decisions of the city council shall be final.
A.
Appeal Process: If a fee payer wishes to appeal, the fee payer shall first file with the city clerk a notice of administrative appeal on the form provided by the fee administrator. All appeals shall be filed within thirty (30) days after the earlier of: 1) issuance of a written decision by the fee administrator; or 2) the fee administrator's acceptance of payment of the development impact fee. When filing an appeal, the fee payer shall submit a letter providing a full explanation of the request, the reason for the appeal, as well as all supporting documentation. A fee payer may pay a development impact fee under protest in order to obtain a development approval or building permit and shall not be estopped from exercising the right of appeal provided herein, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected.
B.
Mediation: If agreed upon by the fee payer and the city, mediation by a qualified independent person may be used to attempt to resolve a dispute regarding impact fees for a proposed development. Mediation may occur at any stage of the appeal process. During mediation, all time periods are tolled pending the outcome of the mediation. Costs of the mediation, unless otherwise agreed, shall be shared equally by the fee payer and the city.
C.
Council Decision; Notification: The city clerk shall schedule the appeal before the city council as soon as practicable. The city council may affirm, reject or revise the decision of the fee administrator, providing written findings of fact and conclusions of law. The written decision of the city council shall be mailed to the fee payer, certified mail, return receipt requested.
D.
Judicial Review Available: A party aggrieved by the decision of the city council may, within twenty-eight (28) days of the city council's decision, seek judicial review by filing a petition in the district court in the manner provided by Idaho Code title 67, chapter 52.
(Ord. 150, 4-18-2006)
A.
Reasonable Requirements: Nothing in this chapter shall prevent the city from requiring a developer to construct reasonable project improvements in conjunction with a development project.
B.
Adjustments to Requirements: Nothing in this chapter shall be construed to prevent or prohibit private agreements between property owners or developers and the city in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer, including interproject transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one development project.
C.
Approval Rests with City: Nothing in this chapter shall obligate the city to approve development which results in extraordinary impact.
D.
Minimum Standards Maintained: Nothing in this chapter shall obligate the city to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels as established herein.
E.
Orderly Development: Nothing in this chapter shall be construed to create any additional right to develop real property or diminish the power of the city in regulating the orderly development of real property within the service area.
F.
City Rights Protected: Nothing in this chapter shall work to limit the use by the city of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues.
(Ord. 150, 4-18-2006)
A.
Short Title: This article shall be known and may be cited as the STAR FIRE PROTECTION DISTRICT DEVELOPMENT IMPACT FEE ORDINANCE.
B.
Authority: This article is enacted pursuant to the City's general police powers, its authority to enact ordinances, and its authority as provided by the Idaho Development Impact Fee Act codified at chapter 82 of title 67, Idaho Code (the "Act") and other applicable laws of the State of Idaho to impose development impact fees; and the City's and the Fire District's authority to enter into an Intergovernmental Agreement as provided for in Idaho Code section 67-8204A to impose, collect and expend development impact fees.
C.
Applicability: Except as otherwise exempted in section 7-3A-3 of this article, these provisions shall apply to the development of property located within the boundaries of the City of Star, Idaho.
D.
Findings:
1.
The Star Fire Protection District, (the "Fire District") is a fire district organized and existing by virtue of the Fire Protection District Law chapter 14 of title 31, Idaho Code, and its boundaries include all areas within the City limits of the City and areas surrounding the City; and
2.
The Fire District's duty and responsibility is to provide protection of property against fire and the preservation of life, and enforcement of any of the Fire Codes and other rules that are adopted by the State Fire Marshal; and
3.
The City is experiencing considerable growth and development; and
4.
The purposes of the Act 1 are as follows:
a.
Ensure that adequate public facilities are available to serve new growth and development;
b.
Promote orderly growth and development by establishing uniform standards by which local governments, such as the City and the Fire District, may require those who benefit from new growth and development pay (development impact fees) their proportionate share of the costs of new public facilities needed to serve that new growth and development; and
c.
Establish minimum standards for adoption of development impact fee ordinances by cities; and
d.
Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve that new growth and development and to prevent duplicate and ad hoc development requirements; and
e.
To empower cities to adopt ordinances to impose development impact fees.
5.
The Act:
a.
Does not authorize the Fire District to enact a development impact fee ordinance; and
b.
Does provide, pursuant to Idaho Code section 67-8204A, in circumstances where the City and the Fire District are both affected by the considerable growth and development as is occurring within the City, that the City and the Fire District may enter into the Intergovernmental Agreement for the purpose of agreeing to collect and expend development impact fees for system improvements which provides for a new funding mechanism for those system improvements costs incurred by the Fire District to meet the demand and growth occurring within the City and which promotes and accommodates orderly growth and development and protects the public health, safety and general welfare of the residences within the boundaries of the City.
6.
New residential growth within the City imposes and will impose increasing and excessive demands upon the existing Fire District capital facilities.
7.
The tax revenues generated from new residential development within the City often do not generate sufficient funds to provide the necessary improvements and expansion of existing Fire District capital facilities to accommodate for that new growth.
8.
New growth within the City is expected to continue, and will place ever-increasing demands on the Fire District to provide and expand the Fire District's capital facilities to serve that new growth.
9.
Section 67-8204A of the Act authorizes the City to adopt an impact fee system and to enter into the Intergovernmental Agreement with the Fire District to offset, recoup, or reimburse the portion of the costs of needed improvements to the Fire District capital facilities caused by new growth and development in the City.
10.
The creation of an equitable impact fee system facilitated by the Intergovernmental Agreement with the Fire District, will promote the purposes set forth in the Act, in that it would:
a.
Ensure that adequate Fire District capital facilities are available to serve new growth and development;
b.
Promote orderly growth and development by establishing uniform standards by which the City may require that those who benefit from new growth and development pay a proportionate share of the cost of new Fire District capital facilities needed to serve new growth and development in the City;
c.
Establish minimum standards for the adoption of Fire District impact fees;
d.
Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of Fire District capital facilities needed to serve new growth and development in the City; and
e.
Prevent duplicate and ad hoc development requirements in the City.
11.
The City and the Fire District have formed the Joint Advisory Committee as required by Idaho Code section 67-8205, and the committee has performed the duties required of it pursuant to Idaho Code sections 67-8205 and 67-8206(2). The City and the Fire District intend that the committee will continue to exist and perform those duties identified in Idaho Code section 67-8205 that occur following the adoption of this article.
12.
The Fire District has planned for the improvement of Fire District capital facilities in the Capital Improvements Plan.
13.
The creation of an equitable impact fee system would enable the City to accommodate new development and would assist the Fire District to implement the capital improvements element of the Capital Improvements Plan.
14.
In order to implement an equitable impact fee system for the Fire District's fire prevention and life preservation facilities, the City adopted by resolution dated October 2, 2018, and the Fire District adopted by resolution dated August 9, 2018, the Star Fire Protection District Impact Fee Study and Capital Improvements Plan (the "Capital Improvements Plan"). Galena Consulting was hired by the Fire District to assist the Joint Advisory Committee in the preparation of the study.
15.
The methodology used in the Capital Improvements Plan, as applied through this article, complies with all applicable provisions of Idaho law, including those set forth in Idaho Code sections 67-8204(1), (2), (16) and (23), 67-8207 and 67-8209. The incorporation of the Capital Improvements Plan by reference satisfies the requirement in Idaho Code section 67-8204(16) for a detailed description of the methodology by which the Fire District impact fees were calculated, and the requirement in Idaho Code section 67-8204(24) for a description of acceptable levels of service for Fire District system improvements.
16.
In determining the proportionate share of system improvements costs, the Capital Improvements Plan has considered:
a.
The cost of the existing system improvements;
b.
The means by which the existing system improvements have been financed;
c.
The extent to which the new development will contribute to system improvements costs through taxation, assessment, or developer or landowner contributions, or has previously contributed to system improvements costs through developer or landowner contributions;
d.
The extent to which the new development is required to contribute to system improvements costs in the future;
e.
The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas;
f.
Extraordinary costs, if any, incurred in serving the new development;
g.
The time and price differential inherent in a fair comparison of fees paid at different times; and
h.
The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation and includes a plan for alternative sources of revenue.
17.
The Capital Improvements Plan contains the capital improvements planned by the Fire District during the term of the Capital Improvements Plan, and such element has been developed in conformance with the requirements in chapter 82 of title 67, Idaho Code.
18.
The Capital Improvements Plan sets forth reasonable methodologies and analyses for determining the impacts of various types of new development on the Fire District capital facilities, and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such facilities created by new development.
19.
In accordance with Idaho Code, the Capital Improvements Plan was based on actual system improvements costs or reasonable estimates of such costs. In addition, the Capital Improvements Plan uses a fee calculation methodology that is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for system improvements, including taxes, assessments, user fees, and intergovernmental transfers.
20.
The Fire District impact fees established by this article are based on the Capital Improvements Plan, and do not exceed system improvements costs to serve new development that will pay the Fire District impact fees.
21.
The Fire District capital facilities included in the calculation of fees in the Capital Improvements Plan will benefit all new residential development throughout the City, and it is therefore appropriate to treat all areas of the City as a single service area for purposes of calculating, collecting, and spending the Fire District impact fees collected from developers.
22.
There is both a rational nexus and a rough proportionality between development impacts created by each type of development covered by this article, the development impact fees assessment of such development covered by this article, and the development impact fees that such developer will be required to pay.
23.
This article creates a system by which development impact fees paid by developers will be used to finance, defray, or reimburse a portion of the costs incurred by the Fire District to construct and/or purchase system improvements in ways that benefit the development for which each development impact fee was paid within a reasonable period of time after the development impact fee is paid, and in conformance with Idaho Code section 67-8210.
24.
This article creates a system under which development impact fees shall not be used to correct existing deficiencies for any Fire District capital facilities, or to replace or rehabilitate existing Fire District capital facilities, or to pay for routine operation or maintenance of those facilities.
25.
This article creates a system under which there shall be no double payment of development impact fees, in accordance with Idaho Code section 67-8204(19).
26.
This article is consistent with all applicable provisions of the Act concerning development impact fee ordinances.
E.
Purpose:
1.
This article is adopted to be consistent with, and to help implement the Capital Improvements Plan.
2.
The intent of this article is to ensure that new residential development bears a proportionate share of the cost of system improvements; to ensure that such proportionate share does not exceed the cost of such system improvements required to accommodate new development; and to ensure that funds collected from new development are actually used for system improvements in accordance with the Act.
3.
It is the further intent of this article to be consistent with those principles for allocating a fair share of the cost of system improvements to new development, and for adopting development impact fee ordinances, established by the Act.
4.
It is not the intent of this article to collect any money from any new development in excess of the actual amount necessary to offset new demands for system improvements created by such new development.
5.
It is the intent of this article that any monies collected, as an imposed Fire District impact fee, are deposited in the trust accounts of the Trust Fund, are never commingled with monies from a different impact fee account, are never used for a development impact fee component different from that for which the fee was paid, are never used to correct current deficiencies in the Fire District capital facilities, and are never used to replace, rehabilitate, maintain or operate any Fire District capital facilities.
(Ord. 278, 10-2-2018)
1 State law reference—IC § 67-8202
As used in this article, 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:
ACT: Shall mean the Idaho Development Impact Fee Act as set forth in chapter 82 of title 67, Idaho Code.
APPROPRIATE: Shall mean to legally obligate by contract or otherwise commit to the expenditure of funds by appropriation or other official act of the Board of Commissioners.
BOARD OF COMMISSIONERS: Shall mean the Board of Commissioners of the Star Fire Protection District, which is its Governing Board.
BUILDING PERMIT: Shall mean the permit required for foundations, new construction and additions pursuant to section 7-1-5 of this title.
CAPITAL IMPROVEMENTS: Shall mean improvements with a useful life of ten (10) years or more, by new construction or other action, which increases the service capacity of Fire District capital facilities.
CAPITAL IMPROVEMENTS ELEMENT: Shall mean a component of the Capital Improvements Plan identified as exhibit III-2 Star Fire Protection District CIP adopted by the Fire District and the City pursuant to chapters 65 and 82 of title 67, Idaho Code, and as amended, which component meets the requirements of the capital improvements plan required by the Act.
CAPITAL IMPROVEMENTS PLAN: Shall mean the Star Fire Protection District Impact Fee Study and Capital Improvements Plan recommended by the Joint Advisory Committee and adopted by the Fire District and the City pursuant to the Act that identifies Fire District capital facilities for which Fire District impact fees may be used as a funding source and on file in the City as exhibit A.
CITY: Shall mean the City of Star.
CITY COUNCIL: Shall mean the City Council of the City of Star.
DEVELOPER: Shall mean any person or legal entity undertaking development including a development that seeks an annexation into the City and/or undertakes the subdivision of property pursuant to Idaho Code sections 50-1301 through 50-1334, as amended.
DEVELOPMENT: Shall mean 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 or the annexation into the City and/or subdivision of property that would permit any change in the use, character or appearance of land.
DEVELOPMENT APPROVAL: Shall mean any written duly authorized document from the City which authorizes the commencement of a development.
DEVELOPMENT REQUIREMENT: Shall mean a requirement attached to a developmental approval or other City 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.
EXTRAORDINARY COSTS: Shall mean those costs incurred as result of an extraordinary impact.
EXTRAORDINARY IMPACT: Shall mean an impact which is reasonably determined by the Fire District to: a) result in the need for Fire District 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), as amended; or b) result in the need for Fire District system improvements which are not identified in the capital improvements plan.
FEE PAYER: Shall mean the person who pays or is required to pay a Fire District impact fee. A fee payer may include a developer.
FIRE DISTRICT: Shall mean the Star Fire Protection District, a fire district organized and existing by virtue of the Fire Protection District Law, chapter 14 of title 31, Idaho Code.
FIRE DISTRICT ADMINISTRATOR: Shall mean the Fire District's Impact Fee Administrator or their designee.
FIRE DISTRICT CAPITAL FACILITIES: Shall mean Fire District stations and equipment which is identified in exhibit III-2 of 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.
FIRE DISTRICT DEVELOPMENT IMPACT FEE CAPITAL PROJECTS TRUST FUND (THE TRUST FUND): Shall mean the Fire District Trust Fund established by action of the Board of Commissioners of the Fire District as set forth in Board of Commissioners resolution no. 18-157 codified as article A of chapter 3 of title 25 Star Fire Protection District Policy Code and pursuant to section 7-3A-9 of this article and pursuant to Idaho Code section 67-8210(1) into which all Fire District impact fees shall be deposited and maintained by the Fire District and a copy of the provisions of article A of chapter 3 of title 25 Star Fire Protection District Policy Code is on file in the City as exhibit C.
FIRE DISTRICT IMPACT FEE: Shall mean a payment of money imposed as condition of development approval to pay for a proportionate share of the costs of system improvements needed to serve the development. The term does not include the following:
A.
A charge or fee to pay the administrative plan review, or inspection cost associated with permits required for development;
B.
Connection or hookup charges;
C.
Availability charges for drainage, sewer, water or transportation charges for services provided directly to the development; or
D.
Amounts collected from a developer in a transaction in which the Fire 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 Idaho Code section 67-8209(3) as amended, for credit or reimbursement.
INTERGOVERNMENTAL AGREEMENT: Shall mean the Intergovernmental Agreement entered into by and between the City and the Fire District pursuant to Idaho Code section 67-8204A for the collection and expenditure of Fire District impact fees established pursuant to this article.
JOINT ADVISORY COMMITTEE: Shall mean the City of Star/Star Fire Protection District Joint Development Impact Fee Advisory Committee formed and staffed by the City and the Fire District pursuant to Idaho Code section 67-8205 to prepare and recommend the Capital Improvements Plan and any amendments, revisions or updates of the same.
LAND USE ASSUMPTIONS: Shall mean a description of the service area and projections of land uses, densities, intensities and population in the service area over at least a ten (10) year period.
LEVEL OF SERVICE: Shall mean a measure of the relationship between service capacity and service demand for public facilities.
MANUFACTURED/MOBILE HOME: Shall mean a structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, 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 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 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 USC section 5401 et seq.
MODULAR BUILDING: Shall mean 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: Shall mean the total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction or money.
PROJECT: Shall mean a particular development on an identified parcel of land.
PROJECT IMPROVEMENTS: In contrast to system improvements, shall mean 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: Shall mean that portion of system improvements costs determined pursuant to Idaho Code section 67-8207 which reasonably relates to the service demands and needs of the project.
PUBLIC FACILITIES: Shall mean land, buildings and equipment used for fire protection, emergency medical and rescue, and water supply production, storage and distribution facilities which have a useful life of ten (10) years or more.
RECREATIONAL VEHICLE: Shall mean 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.
SCC: Shall mean the Star City Code, the official Code of ordinances of the City.
SERVICE AREA: Shall mean any defined geographic area within the City as identified by the Fire District in which specific public facilities provide service to development within the areas defined, on the basis of sound planning or engineering principles or both. For purposes of this article, there shall be one service area encompassing all of the City of Star.
SERVICE UNIT: Shall mean 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 article, service units include all dwelling units intended for residential use development.
SYSTEM IMPROVEMENTS: In contrast to project improvements, shall mean capital improvements to public facilities which are designed to provide service to a service area. For the purpose of this article, system improvements are for Fire District capital facilities.
SYSTEM IMPROVEMENTS COSTS: Shall mean 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 section 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:
A.
Construction, acquisition or expansion of public facilities other than capital improvements identified in the Capital Improvements Plan;
B.
Improvements, repair, operation or maintenance of existing or new capital;
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 Fire District and/or the City unless such costs are attributable to development of the Capital Improvements Plan, as provided in Idaho Code section 67-8208, as amended; and
F.
Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the Fire District to finance capital improvements identified in the Capital Improvements Plan.
TRUST ACCOUNTS: Shall mean any of one or more interest bearing accounts within the Fire District Development Impact Fee Capital Projects Trust Fund established in section 7-3A-11 of this article.
(Ord. 278, 10-2-2018; Amended by Ord. 396-2023 on 12/5/2023)
A.
Imposition of Impact Fee: A Fire District impact fee is hereby imposed on all new development in the City.
B.
Fee Schedule: Fire District impact fees shall be calculated in accordance with the fee schedule set forth in the Capital Improvements Plan providing for standard fees based on the total number of dwelling units or square feet of nonresidential space in the development, unless: 1) the fee payer requests an individual assessment pursuant to section 7-3A-6 of this article; or 2) the City and the Fire District find the development will have an extraordinary impact pursuant to section 7-3A-9 of this article. The methodology for determining the costs per service unit provided for in the fee schedule is set forth in the Capital Improvements Plan.
1.
Impact Fee Schedule: The schedule of development impact fees for the various land uses per unit of development are herein set forth as follows:
C.
Developer's Election: A developer shall have the right to elect to pay a project's proportionate share of system improvements costs by payment of Fire District impact fee according to the fee schedule as full and complete payment of the development project's proportionate share of system improvements costs, except as provided in Idaho Code section 67-8214(3), as amended.
D.
Procedures:
1.
Building Permit: Upon submittal of complete building permit plans for the development to the City, the City shall calculate the Fire District impact fee for the development within thirty (30) days of submittal unless the fee payer requests an individual assessment or the City determines that the development may have extraordinary impact.
2.
Exemption: An exemption pursuant to section 7-3A-5 of this article must be claimed by the fee payer upon application for a building permit or manufactured home installation permit. Any exemption not so claimed shall be deemed waived by the fee payer.
(Ord. 278, 10-2-2018; Amended by Ord. 397-2023 on 12/5/2023)
A.
Certification: After the Fire District impact fee due for a proposed development has been calculated by the City pursuant to the fee schedule attached to the Capital Improvements Plan or by the Fire District Administrator using the individual assessment process, the fee payer may request from the City or the Fire District Administrator a certification of the amount of Fire District impact fee due for that development. Within thirty (30) days after receiving such request, the City or the Fire District Administrator shall issue a written certification of the amount of the Fire District impact fee due for the proposed development. Such certification shall establish the Fire District impact fee so long as there is no material change to the particular development as identified in the individual assessment application, or the impact fee schedule attached to the Capital Improvements Plan. The certification shall include an explanation of the calculation of the Fire District 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 Fire District impact fee is intended to be used. If the impact fee is calculated by the City pursuant to the fee schedule, the City shall provide the certification to the fee payer and the Fire District Administrator. If the impact fee is determined by the Fire District Administrator following an individual assessment of the fee, the Fire District Administrator shall provide the certification to the fee payer and the City.
B.
Payment of Fees: The Fire District impact fee shall be paid either to the City or to the Fire District at the following times:
1.
If a building permit or manufactured/mobile home installation permit is required, then at the time before the permit is issued;
2.
If no building permit or manufactured/mobile home installation permit is required, then at the time that construction commences; or
3.
At such other time as the developer and the Fire District have agreed upon in writing with notice to the City.
C.
Notification: In the event a Fire District impact fee is paid to the Fire District, then the Fire District Administrator shall immediately notify the City of said payment.
D.
Delivery: All Fire District impact fees paid to the City shall then be delivered to the Fire District Administrator on a once-a-month basis.
(Ord. 278, 10-2-2018)
A.
Exemptions: The provisions of this article shall not apply to the following:
1.
Rebuilding the same amount of floor space of a structure which is destroyed by fire or other catastrophe, provided the structure is rebuilt and ready for occupancy within two (2) years of its destruction;
2.
Remodeling or repairing a structure which does not increase the number of service units;
3.
Replacing a residential unit, including a manufactured/mobile home, with another residential unit on the same lot; provided that, the number of service units does not increase;
4.
Placing a temporary construction trailer or office on a lot;
5.
Constructing an addition on a residential structure which does not increase the number of service units;
6.
Adding uses that are typically accessory to residential uses, such as tennis court or a clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements; or
7.
The installation of a modular building, manufactured/mobile 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/mobile home or recreational vehicle was legally in place on the lot or space prior to the effective date of this article; or b) a Fire District impact fee has been paid previously for the modular building, manufactured/mobile home or recreational vehicle on that same lot or space.
B.
Exemption Claim Process: An exemption from a Fire District impact fee must be claimed on the application by the developer (fee payer) upon submitting their application for a building permit or manufactured home installation permit. Any exemption not so claimed shall be deemed waived by the fee payer. Applications for exemption shall be determined by the City within ninety (90) days of receipt of the claim for exemption.
(Ord. 278, 10-2-2018)
A.
In lieu of calculating the amount of the Fire District impact fee by reference to the fee schedule attached to the Capital Improvements Plan, a fee payer may file a request with the City that the amount of the required Fire District impact fee be determined by the Fire District Administrator through an individual assessment for the proposed development. A request for an individual assessment process shall involve consideration of studies, data, and any other relevant information submitted by the fee payer to adjust the amount of the Fire District impact fee. If a fee payer files a request for 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 article, at the fee payer's expense. The fee payer shall, at the fee payer's expense, bear the burden of proving by clear and convincing evidence that the resulting individual assessment complies with the requirements of this article. 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 system improvements, based on the Fire District's adopted levels of service, than the development impact fees that would otherwise be due pursuant to the fee schedule attached to the Capital Improvements Plan.
B.
Each individual assessment shall be based on the same level of service standards and unit costs for system improvements used in the Capital Improvements Plan, shall use an average cost (not a marginal cost) methodology, and shall document the relevant methodologies and assumptions used.
C.
A request for an individual assessment shall be delivered and filed with the City at any time that the number of dwelling units in the proposed development and the types and amounts of development in each non-residential category identified in the fee schedule attached to the Capital Improvements Plan are known. Upon filing of a request for individual assessment, the City shall transmit the request to the Fire District Administrator for review. The Fire District Administrator shall issue a written decision within thirty (30) days following receipt of a completed request for individual assessment together with all supporting information from the fee payer, so as not to unreasonably delay the developer's (fee payer's) subsequent applications to the City for building permits.
D.
Each individual assessment request delivered to the Fire District Administrator may then be accepted, rejected, or accepted with modifications by the Fire District Administrator as the basis for calculating the Fire District impact fee. The criteria for acceptance, rejection or acceptance with modifications shall be whether the individual assessment is a more accurate measure of demand for system improvements element(s) created by the proposed development, or the costs of those facilities, than the applicable fee shown in the fee schedule attached to the Capital Improvements Plan.
E.
The decision by the Fire District Administrator on an application for an individual assessment shall include an explanation of the calculation of the Fire District impact fee, shall specify the system improvement(s) for which the Fire District 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 Fire District Administrator then the Fire District impact fee due under this article for such development shall be calculated according to such individual assessment.
G.
The Fire District Administrator shall provide notice of final determination of an individual assessment to the developer (fee payer) and the City.
(Ord. 278, 10-2-2018)
A.
Credits to Be Issued: When a developer or their predecessor in title or interest has constructed system improvements of the same category as a Fire District capital improvements element, or contributed or dedicated land or money towards the completion of system improvements of the same category as a Fire District capital improvements element, and the Fire District has accepted such construction, contribution or dedication, the Fire District shall issue a credit against the Fire District impact fees otherwise due for the same Fire District capital improvements element in connection with the proposed development, as set forth in this section, credit shall be issued regardless of whether the contribution or dedication to system improvements was required by the Fire District as a condition of development approval or was offered by the developer and accepted by the Fire District in writing, and regardless of whether the contribution or dedication was contributed by the developer or by a local improvement district controlled by the developer.
B.
Limitations: Credits against a Fire District impact fee shall not be given for: 1) project improvements; or 2) any construction, contribution or dedication not agreed to in writing by the Fire District prior to commencement of the construction, contribution, or dedication. Credits issued for one Fire District capital improvements element may not be used to reduce Fire District impact fees due for a different capital improvement. No credits shall be issued for system improvements contributed or dedicated prior to the effective date of this article.
C.
Valuation of Credit at Present Value:
1.
Land: Credit for qualifying land dedications shall, at the fee payer's option, be valued at the present value of: a) one hundred percent (100%) of the most recent assessed value for such land as shown in the records of the County Assessor; or b) that fair market value established by a private appraiser acceptable to the Fire District in an appraisal paid for by the fee payer.
2.
Improvements: Credit for qualifying acquisition or construction of system improvements shall be valued by the Fire District at the present value of such improvements based on complete engineering drawings, specifications, and construction cost estimates submitted by the fee payer to the Fire District. The Fire District Administrator shall determine the amount of credit due based on the information submitted, or, if it determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the Fire District as a more accurate measure of the value of the offered system improvements to the Fire District.
D.
When Credits Become Effective:
1.
Land: Approved credits for land dedications shall become effective when the land has been conveyed to the Fire District in a form acceptable to the Fire District, at no cost to the Fire District, and has been accepted by the Fire District. Upon request of the fee payer, the Fire District shall issue a letter stating the amount of credit available.
2.
Improvements: Approved credits for acquisition or construction of system improvements shall generally become effective when: a) all required construction has been completed and has been accepted by the Fire District, b) a suitable maintenance and warranty bond has been received and approved by the Fire District, and c) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable requirements of the Fire District and the State of Idaho. Upon request of the fee payer, the Fire District shall issue a letter stating the amount of credit available.
E.
Credit Request Procedures:
1.
Request: In order to obtain a credit against a Fire District impact fee otherwise due, a fee payer shall submit to the City a written offer of request to dedicate to the Fire District specific parcels of qualifying land or a written offer to contribute or construct specific system improvements to the Fire District capital facilities in accordance with all applicable State or City design and construction standards, and shall specifically request a credit against the type of Fire District impact fee for which the land dedication or system improvements is offered. The City shall then deliver the written offer of request to the Fire District Administrator.
2.
Review: After receipt of the written offer of request for credit, the Fire District Administrator shall review the request and determine whether the land or system improvements offered for credit will reduce the costs of providing Fire District capital facilities by an amount at least equal to the value of the credit. If the Fire District Administrator determines that the offered credit satisfies that criteria and will be acceptable to the Board of Commissioners, then the credit shall be issued. The Fire District shall complete its review and determination of an application within thirty (30) days after receipt of an application for credit.
3.
Credits Exceeding Fee Amounts Due: If the credit due to a fee payer pursuant to subsection D of this section exceeds the Fire District impact fee that would otherwise be due from the fee payer pursuant to this article (whether calculated through the fee schedule attached to the Capital Improvement Plan or through an independent assessment), the fee payer may choose to receive such credit in the form of either: a) a credit against future Fire District impact fee due for the same system improvements; or b) a reimbursement from Fire District impact fees paid by future development that impacts the system improvements contributed or dedicated by the fee payer. Unless otherwise stated in an agreement with the fee payer, the Fire District shall be under no obligation to use any Fire District funds - other than Fire District impact fees paid by other development for the same system improvements - to reimburse the fee payer for any credit in excess of Fire District impact fees that are due.
4.
Written Agreement Required: If credit or reimbursement is due to the fee payer pursuant to this section, the Fire District shall enter into a written agreement with the fee payer, negotiated in good faith, prior to the contribution, dedication, or funding of the system improvements giving rise to the credit. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement, and shall have a term not exceeding ten (10) years.
5.
Determination: The Fire District Administrator's determination on the written offer of request for credit shall be provided to the fee payer and the City.
(Ord. 278, 10-2-2018)
A.
General Provisions:
1.
Accounting Principles: The calculation of the Fire District impact fee shall be in accordance with generally accepted accounting principles. A development impact fee shall not be deemed invalid because payment of the fee may result in an incidental benefit to owners or developers within the service area other than the fee payer.
2.
Levels of Service: The Fire District impact fee shall be calculated on the basis of levels of service for public facilities adopted in this article that are applicable to existing development as well as new growth and development. The construction, improvement, expansion or enlargement of new or existing public facilities for which the Fire District impact fee is imposed must be attributable to the capacity demands generated by the new development.
B.
Methodology; Proportionate Methodology: The Fire District impact fee shall not exceed a proportionate share of the cost of the system improvements determined in accordance with Idaho Code section 67-8207, as amended. Fire District impact fees shall be based on actual system improvements costs or reasonable estimates of such costs. The amount of the Fire District impact fee shall be calculated using the methodology contained in the Capital Improvements Plan.
C.
Proportionate Share Determination:
1.
Fire District impact fee shall be based on a reasonable and fair formula or method under which the Fire District impact fee imposed does not exceed a proportionate share of the costs incurred or to be incurred by the Fire District in the provision of system improvements to serve the new development. The proportionate share is the costs attributable to the new development after the Fire District considers the following:
a.
Any appropriate credit, offset or contribution of money, dedication of land or construction of system improvements;
b.
Payments reasonably anticipated to be made by or as a result of a new development in the form of user fees and debt service payments;
c.
That portion of general tax or other revenues allocated by the Fire District to system improvements; and
d.
All other available sources of funding such system improvements.
2.
In determining the proportionate share of the cost of system improvements to be paid by the developer, the following factors shall be considered by the Fire District and accounted for in the calculation of the Fire District impact fee:
a.
The costs of existing system improvements within the service area;
b.
The means by which existing system improvements have been financed;
c.
The extent to which the new development will contribute to system improvements costs through taxation, assessments, or developer or landowner contributions, or has previously contributed to system improvements costs through developer or landowner contributions;
d.
The extent to which the new development is required to contribute to the cost of existing system improvements in the future;
e.
The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area;
f.
Extraordinary costs, if any, incurred in serving the new development;
g.
The time and price differential inherent in a fair comparison of fees paid at different times; and
h.
The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers and special taxation.
(Ord. 278, 10-2-2018)
A.
In the event the City makes an initial determination that development may impose extraordinary impact, the City shall provide the development application to the Fire District Administrator along with the City's initial determination. The Fire District Administrator shall then review and determine whether or not the development application will impose extraordinary impact.
B.
If the Fire District Administrator determines that a proposed development generates extraordinary impact that will result in extraordinary systems improvements costs, the Fire District Administrator will notify the fee payer and the City of such Fire District impact fee determination within thirty (30) days after Fire District Administrator's receipt from the City of the development application and the City's initial determination. Such notice shall include a statement that the potential impacts of such development on system improvements are not adequately addressed by the Capital Improvements Plan, and that a supplemental study, at the fee payer's expense will be required.
C.
Circumstances that may lead to a determination of extraordinary impact include, but are not limited to: 1) an indication the assumptions used in the Capital Improvements Plan underestimate the level of activity or impact on Fire District capital facilities from the proposed development or activity.
D.
Within thirty (30) days following the designation of a development with extraordinary impact, the Fire District Administrator 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 improvements costs related to the proposed development; 2) modify the proposal to avoid generating extraordinary impact; or 3) withdraw the application for certification, building permit or development approval.
E.
If the fee payer agrees to pay for the supplemental study required to document the proposed development's proportionate share of system improvements costs, then the Fire District 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.
F.
Once the study has been completed, the fee payer may choose to: 1) pay the proportionate share of system improvements 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 improvements costs documented in the supplemental study, that agreement shall be reduced to writing between the Fire District and the fee payer prior to review and consideration of any application for any development approval or building permit related to the proposed development.
G.
Notwithstanding any agreement by the fee payer to pay the proportionate share of system improvements costs documented by the supplemental study, nothing in this article shall obligate the City to approve development that results in an extraordinary impact to the Fire District.
(Ord. 278, 10-2-2018)
A.
Duty to Refund:
1.
Refund: Fire District impact fees shall be refunded to the fee payer, or to a successor in interest, in the following circumstances:
a.
Service is available but never provided;
b.
A building permit, or permit for installation of a manufactured home, is denied by the City or abandoned;
c.
The fee payer pays a Fire District impact fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the proportionate share to which the Fire District was entitled to receive;
d.
The Fire District has collected a Fire District impact fee and the Fire District has failed to appropriate or expend the collected fees pursuant to the subsection below; or
e.
Failure of the Fire District to commence construction or encumber the fund in the Fire District Development Impact Fee Capital Projects Trust Fund.
2.
Holding Fees: Any Fire District impact fee paid shall be refunded if the Fire District has failed to commence construction of system improvements in accordance with this article, or to appropriate funds for such construction, within eight (8) years after the date on which such fee was collected by the Fire District. Any refund due shall be paid to the owner of record of the parcel for which the Fire District impact fee was paid. The Fire District may hold Fire District impact fees for longer than eight (8) years if the Fire District identifies in writing and in written notice to the owner of record of the parcel: a) a reasonable cause why the fees should be held longer than eight (8) years; and b) an anticipated date by which the fees will be expended, but in no event greater than eleven (11) years from the date they were collected. If the Fire District complies with the previous sentence, then any Fire District impact fees so identified shall be refunded to the fee payer if the Fire District has failed to commence construction of system improvements in accordance with the written notice, or to appropriate funds for such construction on or before the date identified in such writing.
3.
No Refund Due For Subsequent Reduction In Size Of Development Or Service Units: After a Fire District impact fee has been paid pursuant to this article and after a certificate of occupancy has been issued by the City, no refund of any part of such fee shall be made if the project for which the fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the project or the number of units in the project.
4.
Interest: Each refund shall include a refund of interest at one-half (1/2) the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was originally paid.
5.
Timing: The Fire District shall make a determination of whether a refund is due within thirty (30) days after receipt of a written request for a refund from the owner of record of the property for which the fee was paid. When the right to a refund exists, the Fire District shall send the refund to the owner of record within ninety (90) days after the Fire District determines that a refund is due.
(Ord. 278, 10-2-2018)
A.
Trust Fund: The Trust Fund established by the Fire District will be maintained by the Fire District for the purpose of ensuring that all Fire District impact fees collected, pursuant to this article, are used to address impacts reasonably attributable to new development for which the Fire District impact fees are paid.
The Trust Fund shall be divided into the trust accounts. All funds in all trust accounts in the Trust Fund shall be maintained in an interest bearing account. The interest earned on each trust account pursuant to Idaho Code section 67-8210(1) shall not be governed by Idaho Code section 57-127, as amended, but shall be considered funds of the trust accounts and shall be subject to the same restrictions on uses of funds as the Fire District impact fees on which the interest is generated.
B.
Deposit of Fire District Impact Fees: All monies paid by a fee payer, pursuant to this article, shall be identified as Fire District impact fees and shall be promptly deposited by the Fire District Administrator in the appropriate trust accounts of the Trust Fund.
1.
First-In/First-Out: Monies in each trust account shall be spent in the order collected, on a first-in/first-out basis.
2.
Maintenance of Records: The Fire District shall maintain and keep accurate financial records for each trust account that shall show the source and disbursement of all revenues, that shall account for all monies received, that shall ensure that the disbursement of funds from each trust account shall be used solely and exclusively for the provisions of projects specified in the Capital Improvements Plan, and that shall provide an annual accounting for each Fire District impact fee account showing the source and amount of all funds collected and the projects that were funded.
(Ord. 278, 10-2-2018)
A.
Expenditures: Expenditures of Fire District impact fees collected and deposited in the Trust Fund shall be made only for system improvements within the service area for which the impact fee was collected in accordance with the Capital Improvements Plan.
B.
Capital Improvements Plan Reimbursement; Surcharge: A portion of each impact fee collected shall be designated as a surcharge for reimbursement of the Fire District for the cost of preparing the Capital Improvements Plan in accordance with Idaho Code section 67-8208. The surcharge shall not exceed the development's proportionate share of the cost of preparing the Capital Improvements Plan.
(Ord. 278, 10-2-2018)
A.
Appeals: Any fee payer that is or may be obligated to pay a Fire District impact fee, or that claims a right to receive a refund, reimbursement, exemption or credit under this article, and who is dissatisfied with a decision made either by the City or by the Fire District Administrator in applying this article, may appeal such decision as follows:
1.
In the case of a decision made by the City to the City Council; and
2.
In the case of a decision made by the Fire District Administrator to the Board of Commissioners.
B.
Burden of Proof: The fee payer shall have the burden on appeal of proving by clear and convincing evidence that the decision was in error.
C.
Written Notice: In order to pursue the appeal described in this section, the fee payer shall file a written notice of the appeal with the City within thirty (30) days after the date of the City's or the Fire District Administrator's decision, or the date on which the fee payer submitted a payment of the Fire District impact fee under protest, whichever is later. Such written application shall include a statement describing why the fee payer believes that the appealed decision was in error, together with copies of any documents that the fee payer believes support the claim.
D.
Fire District Administrator's Decision: Appeals of the Fire District Administrator's decisions shall be delivered by the City to the Fire District Administrator.
E.
Timing: The City Council or the Board of Commissioners, as the case may be, shall hear the appeal within sixty (60) days after receipt of a written notice of appeal. The fee payer shall have a right to be present and to present evidence in support of the appeal. The City or Fire District Administrator who made the decision under appeal or their representative shall likewise have the right to be present and to present evidence in support of the decision. The criteria to be used by the City Council or by the Board of Commissioners in considering the appeal shall be whether: 1) the decision or interpretation made by the City or Fire District Administrator; or 2) the alternative decision or interpretation offered by the fee payer, more accurately reflects the intent of this article that new development in the City pay its proportionate share of the costs of system improvements to Fire District facilities necessary to serve new development and whether the provisions of this article has been correctly applied. The City Council or Board of Commissioners, as the case may be, shall issue a decision upholding, reversing, or modifying the decision being appealed within thirty (30) days after hearing the appeal.
F.
Payment Under Protest: A fee payer may pay a Fire District impact fee under protest in order not to delay in the issuance of a building permit by the City. A fee payer making a payment under protest shall not be estopped from exercising the right to appeal provided herein, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected.
G.
Mediation:
1.
Any fee payer that has a disagreement with the City or the Fire District Administrator regarding a Fire District impact fee determination that is or may be due for a proposed development pursuant to this article, may enter into a voluntary agreement with the City or the Fire District, as the case may be, to subject the disagreement to mediation by a qualified independent party acceptable to both the fee payer and the Fire District.
2.
Mediation may take place at any time following the filing of a timely appeal pursuant to subsection C of this section, or as an alternative to such appeal, provided that the request for mediation is filed no later than the last date on which a timely appeal could be filed pursuant to subsection C of this section.
3.
Participation in mediation does not preclude the fee payer from pursuing other remedies provided for in this section.
4.
If mediation is requested, any related mediation costs shall be shared equally by the fee payer and the City or the Fire District, as the case may be, and a written agreement regarding the payment of such costs shall be executed prior to the commencement of mediation.
5.
In the event that mediation does not resolve the issues between the Fire District and the fee payer, the fee payer retains all rights to seek relief from a court of competent jurisdiction.
(Ord. 278, 10-2-2018)
A.
Review and Modification of Capital Improvements Plan: Unless the Board of Commissioners deems some other period is appropriate, the Board of Commissioners shall, at least once every five (5) years, commencing from the date of the original adoption of the Capital Improvements Plan, review the development potential and update the Capital Improvements Plan in cooperation with the City and in accordance with the procedures set forth in Idaho Code section 67-8206, as amended. Each update shall be prepared by the Fire District Administrator in consultation with the Joint Advisory Committee.
B.
Annual Review: The Fire District shall annually adopt a capital budget.
(Ord. 278, 10-2-2018)
As part of its annual audit process, the Fire District shall prepare an annual report: a) describing the amount of all Fire District impact fees collected, appropriated or spent during the preceding year by category of public facility; and b) describing the percentage of taxes and revenues from sources other than the Fire District impact fees collected, appropriated or spent for system improvements during the preceding year by systems improvements category of Fire District capital facilities.
(Ord. 278, 10-2-2018)
A.
Committee Created: A joint standing committee of the City Council and the Board of Commissioners of the Fire District is established.
B.
Committee Name: The joint standing committee is known and shall continue to be known and designated as the "City of Star/Star Fire Protection District Joint Development Impact Fee Advisory Standing Committee" (hereinafter in this article referred also as "Joint Advisory Committee" or "committee").
C.
Membership: The members on the committee shall be appointed as provided in the intergovernmental agreement for a term of one year or until someone is appointed in his/her place, and there shall not be fewer than five (5) members of which two (2) or more members shall be active in the business of development, building or real estate and at least two (2) or more members shall not be employees or officials of the City or the Fire District. All members must reside within the service area of the capital improvement plan.
D.
Charge: The Joint Advisory Committee shall serve as an advisory committee to the City Council and the Board of Commissioners of the Fire District and is charged with the following responsibilities:
1.
Assist the City and the Fire District in adopting land use assumptions; and
2.
Review the Capital Improvements Plan; and
3.
Monitor and evaluate implementation of the Capital Improvements Plan;
4.
File with the Fire District, Fire District Administrator and the City Clerk, at least annually, with respect to the Capital Improvements Plan, a report of any perceived inequities in implementing the Capital Improvements Plan or imposing the Fire District impact fees;
5.
Advise the City Council and the Board of Commissioners of the Fire District of the need to update or revise land use assumptions, Capital Improvements Plan and Fire District development impact fees; and
6.
The Fire District shall make available to the Joint Advisory Committee, upon request, all financial and accounting information, professional reports in relation to other development and implementation of land use assumptions, the Capital Improvements Plan and periodic updates of the Capital Improvements Plan.
E.
Joint Advisory Committee Organization: The Fire District and Fire District Administrator shall staff the Joint Advisory Committee in order to provide the committee with needed information for the committee's review and to provide for its compliance with the Open Meeting Law 1 .
1.
The Joint Advisory Committee shall select its officers, which include a Chairman, Vice Chairman and a Secretary of the committee.
2.
The Chairman shall conduct the meetings of the committee. The duties of the Chairman shall be performed by the Vice Chairman in the absence of the Chairman or as delegated by the Chairman. The Chairman and the Vice Chairman shall be members of the committee.
3.
The Fire District Administrator shall serve as the Secretary of the committee and shall take minutes and post agenda notices required by the Open Meeting Law. The Secretary is not a member of the committee.
4.
The committee shall establish a regular meeting schedule.
5.
The agenda of each meeting shall include the approval of the minutes of the last meeting and the Secretary shall provide a copy of the approved minutes to the City Council and the Board of Commissioners.
6.
Fifty percent (50%) of the membership of the committee shall constitute a quorum. Once a quorum is established for a meeting, the subsequent absence of a member present for creating the quorum shall not dismiss the quorum.
7.
A majority vote of those present at any meeting is sufficient to carry motions.
F.
Reporting: The Joint Advisory Committee reports directly to the Fire District Board of Commissioners and to the City Council.
G.
City Council and Fire District Board of Commissioners Review of Committee's Report and Recommendations: The City Council and the Fire District Board of Commissioners shall each consider the Joint Advisory Committee's recommended revision(s) at least once every twelve (12) months. The Joint Advisory Committee's recommendations and the City Council's and Board of Commissioners' actions are intended to ensure that the benefits to a development paying Fire District impact fees are equitable, so that the Fire District impact fee charged to the development shall not exceed a proportionate share of system improvements costs, and that the procedures for administering Fire District impact fees remain efficient.
(Ord. 278, 10-2-2018; Amended by Ord. 398-2023 on 12/5/2023)
1 State law reference—Ch. 2 of tit. 74 IC.
A.
When any Fire District impact fee is due pursuant to this article, or pursuant to the terms of any written agreement between a fee payer and the Fire District, and such Fire District impact fee has not been paid in a timely manner, the City, or Fire District Administrator on behalf of the Fire District, may exercise any or all of the following powers as applicable to their authority, in any combination, to enforce the collection of the Fire District impact fee:
1.
Withhold building permits, manufactured home installation permits, or other City development approval related to the development for which the Fire District impact fee is due until all Fire District impact fees due have been paid, and issue stop work orders, and revoke or suspend a building permit.
2.
Withhold utility services from the development for which the Fire District impact fee is due until all Fire District impact fees due have been paid; and
3.
Add interest to the Fire District impact fee not paid in full at the legal rate provided for in Idaho Code section 28-22-104, as amended, plus five percent (5%) beginning on the date at which the payment of the Fire District impact fee was due until paid in full.
4.
Impose a penalty of five percent (5%) of the total Fire District impact fee (not merely the portion dishonored, late or not paid in full) per month beginning on the date at which the payment of the Fire District impact fee was due until paid in full.
5.
Impose a lien pursuant to the authority of Idaho Code section 67-8213(4) for failure to timely pay a Fire District impact fee following the procedures contained in Idaho Code title 45, chapter 5.
(Ord. 278, 10-2-2018)
A.
The City is a governmental entity that is empowered by the Act to adopt development impact fee ordinances and as such is authorized, by Idaho Code section 67-8204A, to enter into the Intergovernmental Agreement with the Fire District for the purpose of agreement to collect and expend Fire District impact fees for system improvements as provided in this article.
B.
The City and the Fire District have entered into the Intergovernmental Agreement which is in full force and effect.
C.
The Intergovernmental Agreement complies with this article and requires the Fire District to be governed by and to fully abide by the provisions of this article.
D.
Any amendments of the Intergovernmental Agreement shall be implemented by corresponding relevant amendments of this article which amendments shall not apply to any Fire District impact fees then not expended and currently held in the Trust Fund.
(Ord. 278, 10-2-2018)
A.
Nothing in this article shall prevent the Fire District from requiring a developer to construct reasonable project improvements, as are required by the Fire Codes and other rules that are adopted by the State Fire Marshal, in conjunction with a development.
B.
Nothing in this article 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 development project.
C.
Nothing in this article shall obligate the City to approve development which results in an extraordinary impact.
D.
Nothing in this article shall obligate the Fire District to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels established in this article.
E.
Nothing in this article shall be construed to create any additional right to develop real property or diminish the City in regulating the orderly development of real property within its boundaries.
F.
Nothing in this article shall work to limit the use by the City of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues.
G.
Nothing herein shall restrict or diminish the power of the City to annex property into its territorial boundaries or exclude property from its territorial boundaries upon request of a developer or owner, or to impose reasonable conditions thereon, including the recovery of project or system improvements costs required as a result of such voluntary annexation.
H.
The Fire District shall develop a plan for alternative sources of revenue, which shall include but not necessarily be limited to plans generated during the Fire District's annual budget process, lobbying efforts, tax increment financing, and implementation of user fees, administrative and regulatory fees and other forms of revenue.
I.
Notwithstanding any other provision of this article, that portion of a project for which a complete application for a building permit has been received by the City, prior to the effective date of this article, shall not be subject to the Fire District impact fee imposed by this article. If the resulting building permit is later revised or replaced after the effective date of this article, and the new building permit(s) reflects a development density, intensity, development size or number of units more than ten percent (10%) higher than that reflected in the original building permit, then the Fire District impact fee may be charged on the difference in density, intensity, development size or number of units between the original and the revised or replacement building permit.
J.
Any monies, including any accrued interest not assigned to specific system improvements within such Capital Improvements Plan and not expended pursuant to section 7-3A-12 of this article or refunded pursuant to section 7-3A-10 of this article shall be retained in the same account until the next Fire District fiscal year.
K.
If the Fire District discovers an error in the Capital Improvements Plan that results in assessment or payment of more than a proportionate share of system improvements costs on any proposed development, the Fire District Administrator shall: 1) adjust the Fire District impact fee to collect no more than a proportionate share; or 2) discontinue the collection of any Fire District impact fees until the error is corrected by ordinance.
L.
If Fire District 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 Fire District within thirty (30) days after the Fire District's acceptance of the recalculated amount, with interest at the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was paid. Any amounts underpaid by the fee payer shall be paid to the Fire District within thirty (30) days after the Fire District Administrator's acceptance of the recalculated amount, with interest at the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was paid. In the case of an underpayment to the Fire District, the Administrator may request the City and the City may withhold issuance of the building permits or development approval for the project for which the Fire District impact fee was paid until such underpayment is corrected, and if amounts owed to the Fire District are not paid within such thirty-day period, the Fire District Administrator may also ask the City to and the City may revoke any building permits or development approval issued in reliance on the previous payment of such Fire District impact fee and refund such fee to the fee payer.
M.
The Joint Advisory Committee that was established during the preparation of the Capital Improvements Plan shall continue in existence, and shall by operation of this article become the Joint Advisory Committee created herein.
(Ord. 278, 10-2-2018)
Any person who violates any provision of this article shall be guilty of a misdemeanor, punishable by up to one year in the County Jail, and/or a one thousand dollar ($1,000.00) fine, or both. Knowingly furnishing false information to any official of the City or the Fire District charged with the administration of this article, including without limitation, the furnishing of false information regarding the expected size, use or impacts from a proposed development, shall be a violation of this article.
(Ord. 278, 10-2-2018)
All provisions, terms, phrases and expressions contained in this article shall be liberally construed in order that the true intent and meaning of the Act and the City Council and the Board of Commissioners may be fully carried out.
(Ord. 278, 10-2-2018)
A.
Short Title: This article shall be known and may be cited as the TRANSPORTATION DEVELOPMENT IMPACT FEE ORDINANCE.
B.
Authority: This article is enacted pursuant to the City's general police powers, its authority to enact ordinances, and its authority as provided by the Idaho Development Impact Fee Act codified at chapter 82 of title 67, Idaho Code (the "Act") and other applicable laws of the State of Idaho to impose development impact fees; and the City's and the Highway District's authority to enter into an Intergovernmental Agreement as provided for in Idaho Code section 67-8204A to impose, collect and expend development impact fees.
C.
Applicability: Except as otherwise exempted in section 7-3B-3 of this article, these provisions shall apply to the development of property located within the boundaries of the City of Star, Idaho.
D.
Findings:
1.
The Canyon Highway District No. 4, (the "Highway District") is a highway district organized and existing by virtue of the Highway District Law chapter 13 of title 40, Idaho Code, and its boundaries include all areas within the City limits of the City and areas surrounding the City within Canyon County; and
2.
The City and the Highway District have entered into a Joint Powers Agreement ("Canyon 4/Star Public Agency Coordination Agreement, June 6, 2007"), which provides in part that in the best interest of administration of the highways within the area to be annexed by the City within Canyon County, the Highway District will maintain general supervision over all secondary highways which lie both within the City and in Canyon County; and
3.
The Highway District's duties include the responsibility to construct and improve all highways within their system; and
4.
The City is experiencing considerable growth and development; and
5.
The purposes of this Act are as follows:
a.
Ensure that adequate public facilities are available to serve new growth and development;
b.
Promote orderly growth and development by establishing uniform standards by which local governments, such as the City and the Highway District, may require those who benefit from new growth and development pay (development impact fees) their proportionate share of the costs of new public facilities needed to serve that new growth and development; and
c.
Establish minimum standards for adoption of development impact fee ordinances by cities; and
d.
Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve that new growth and development and to prevent duplicate and ad hoc development requirements; and
e.
To empower cities to adopt ordinances to impose development impact fees.
6.
The Act:
a.
Does not authorize the Highway District to enact a development impact fee ordinance; and
b.
Does provide, pursuant to Idaho Code section 67-8204A, in circumstances where the City and the Highway District are both affected by the considerable growth and development as is occurring within the City, that the City and the Highway District may enter into the Intergovernmental Agreement for the purpose of agreeing to collect and expend development impact fees for system improvements which provides for a new funding mechanism for those system improvements costs incurred by the Highway District to meet the demand and growth occurring within the City and which promotes and accommodates orderly growth and development and protects the public health, safety and general welfare of the residences within the boundaries of the City.
7.
New residential growth within the City imposes and will impose increasing and excessive demands upon the existing Transportation Capital Facilities.
8.
The tax revenues generated from new residential development within the City often do not generate sufficient funds to provide the necessary improvements and expansion of existing Transportation Capital Facilities to accommodate for that new growth.
9.
New growth within the City is expected to continue, and will place ever-increasing demands on the Highway District to provide and expand the Transportation Capital Facilities to serve that new growth.
10.
Section 67-8204A of the Act authorizes the City to adopt an impact fee system and to enter into the Intergovernmental Agreement with the Highway District to offset, recoup, or reimburse the portion of the costs of needed improvements to the Transportation Capital Facilities caused by new growth and development in the City.
11.
The creation of an equitable impact fee system facilitated by the Intergovernmental Agreement with the Highway District, will promote the purposes set forth in the Act, in that it would:
a.
Ensure that adequate Transportation Capital Facilities are available to serve new growth and development;
b.
Promote orderly growth and development by establishing uniform standards by which the City may require that those who benefit from new growth and development pay a proportionate share of the cost of new Transportation Capital Facilities needed to serve new growth and development in the City;
c.
Establish minimum standards for the adoption of Transportation Impact Fees;
d.
Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of Transportation Capital Facilities needed to serve new growth and development in the City; and
e.
Prevent duplicate and ad hoc development requirements in the City.
12.
The City and Highway District have formed the Joint Advisory Committee as required by Idaho Code section 67-8205, and the committee has performed the duties required of it pursuant to Idaho Code sections 67-8205 and 67-8206(2). The City and these agencies intend that the committee will continue to exist and perform those duties identified in Idaho Code section 67-8205 that occur following the adoption of this article.
13.
The Highway District has planned for the improvement of Transportation Capital Facilities in the Capital Improvements Plan.
14.
The creation of an equitable impact fee system would enable the City to accommodate new development and would assist the Highway District to implement the capital improvements element of the Capital Improvements Plan.
15.
In order to implement an equitable impact fee system, the City adopted by resolution dated ________________, 2021, and the Highway District adopted (May 12, 2021) the Mid-Star Impact Fee Study and Capital Improvements Plan (the "Capital Improvements Plan"). Kittleson & Associates, Inc. was hired by the Highway District to assist the Joint Advisory Committee in the preparation of the study.
16.
The methodology used in the Capital Improvements Plan, as applied through this article, complies with all applicable provisions of Idaho law, including those set forth in Idaho Code sections 67-8204(1), (2), (16) and (23), 67-8207 and 67-8209. The incorporation of the Capital Improvements Plan by reference satisfies the requirement in Idaho Code section 67-8204(16) for a detailed description of the methodology by which the Transportation Impact Fees were calculated, and the requirement in Idaho Code section 67-8204(24) for a description of acceptable levels of service for transportation system improvements.
17.
In determining the proportionate share of system improvements costs, the Capital Improvements Plan has considered:
a.
The cost of the existing system improvements;
b.
The means by which the existing system improvements have been financed;
c.
The extent to which the new development will contribute to system improvements costs through taxation, assessment, or developer or landowner contributions, or has previously contributed to system improvements costs through developer or landowner contributions;
d.
The extent to which the new development is required to contribute to system improvements costs in the future;
e.
The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas;
f.
Extraordinary costs, if any, incurred in serving the new development;
g.
The time and price differential inherent in a fair comparison of fees paid at different times; and
h.
The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation and includes a plan for alternative sources of revenue.
18.
The Capital Improvements Plan contains the capital improvements planned by the Highway District during the term of the Capital Improvements Plan, and such element has been developed in conformance with the requirements in chapter 82 of title 67, Idaho Code.
19.
The Capital Improvements Plan sets forth reasonable methodologies and analyses for determining the impacts of various types of new development on the Transportation Capital Facilities and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such facilities created by new development.
20.
In accordance with Idaho Code, the Capital Improvements Plan was based on actual system improvements costs or reasonable estimates of such costs. In addition, the Capital Improvements Plan uses a fee calculation methodology that is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for system improvements, including taxes, assessments, user fees, and intergovernmental transfers.
21.
The Transportation Impact Fees established by this article are based on the Capital Improvements Plan, and do not exceed system improvements costs to serve new development that will pay the Transportation Impact Fees.
22.
The Transportation Capital Facilities included in the calculation of fees in the Capital Improvements Plan will benefit all new residential development throughout the City, and it is therefore appropriate to treat all areas of the City located within Canyon County as a single service area for purposes of calculating, collecting, and spending the Transportation Impact Fees collected from developers.
23.
There is both a rational nexus and a rough proportionality between development impacts created by each type of development covered by this article, the development impact fees assessment of such development covered by this article, and the development impact fees that such developer will be required to pay.
24.
This article creates a system by which development impact fees paid by developers will be used to finance, defray, or reimburse a portion of the costs incurred by the Highway District to construct and/or purchase system improvements in ways that benefit the development for which each development impact fee was paid within a reasonable period of time after the development impact fee is paid, and in conformance with Idaho Code section 67-8210.
25.
This article creates a system under which development impact fees shall not be used to correct existing deficiencies for any Transportation Capital Facilities, or to replace or rehabilitate existing Transportation Capital Facilities, or to pay for routine operation or maintenance of those facilities.
26.
This article creates a system under which there shall be no double payment of development impact fees, in accordance with Idaho Code section 67-8204(19).
27.
This article is consistent with all applicable provisions of the Act concerning development impact fee ordinances.
E.
Purpose:
1.
This article is adopted to be consistent with, and to help implement the Capital Improvements Plan.
2.
The intent of this article is to ensure that new residential development bears a proportionate share of the cost of system improvements; to ensure that such proportionate share does not exceed the cost of such system improvements required to accommodate new development; and to ensure that funds collected from new development are actually used for system improvements in accordance with the Act.
3.
It is the further intent of this article to be consistent with those principles for allocating a fair share of the cost of system improvements to new development, and for adopting development impact fee ordinances, established by the Act.
4.
It is not the intent of this article to collect any money from any new development in excess of the actual amount necessary to offset new demands for system improvements created by such new development.
5.
It is the intent of this article that any monies collected, as an imposed Transportation Impact Fee, are deposited in the trust accounts of the Trust Fund, are never commingled with monies from a different impact fee account, are never used for a development impact fee component different from that for which the fee was paid, are never used to correct current deficiencies in the Transportation Capital Facilities, and are never used to replace, rehabilitate, maintain or operate any Transportation Capital Facilities.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
As used in this article, 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:
ACT: Shall mean the Idaho Development Impact Fee Act as set forth in chapter 82 of title 67, Idaho Code.
APPROPRIATE: Shall mean to legally obligate by contract or otherwise commit to the expenditure of funds by appropriation or other official act of the Board of Commissioners.
BOARD OF COMMISSIONERS: Shall mean the Board of Commissioners of the Canyon Highway District No. 4, which is its Governing Board.
BUILDING PERMIT: Shall mean the permit required for foundations, new construction and additions pursuant to section 7-1-5 of this title.
CAPITAL IMPROVEMENTS: Shall mean improvements with a useful life of ten (10) years or more, by new construction or other action, which increases the service capacity of Transportation Capital Facilities.
CAPITAL IMPROVEMENTS ELEMENT: Shall mean a component of the Capital Improvements Plan identified as Exhibit _________ "Mid-Star Traffic Impact Fee Program and Capital Improvement Plan, May 7, 2021" adopted by the Highway District and the City pursuant to chapters 65 and 82 of title 67, Idaho Code, and as amended, which component meets the requirements of the capital improvements plan required by the Act.
CAPITAL IMPROVEMENTS PLAN: Shall mean the Mid-Star Traffic Impact Fee Program and Capital Improvement Plan, May 7, 2021 recommended by the Joint Advisory Committee and adopted by the Highway District and the City pursuant to the Act that identifies Transportation Capital Facilities for which Transportation Impact Fees may be used as a funding source and on file in the City as exhibit A.
CITY: Shall mean the City of Star.
CITY COUNCIL: Shall mean the City Council of the City of Star.
DEVELOPER: Shall mean any person or legal entity undertaking development including a development that seeks an annexation into the City and/or undertakes the subdivision of property pursuant to Idaho Code sections 50-1301 through 50-1334, as amended.
DEVELOPMENT: Shall mean 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 or the annexation into the City and/or subdivision of property that would permit any change in the use, character or appearance of land.
DEVELOPMENT APPROVAL: Shall mean any written duly authorized document from the City which authorizes the commencement of a development.
DEVELOPMENT REQUIREMENT: Shall mean a requirement attached to a developmental approval or other City 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.
EXTRAORDINARY COSTS: Shall mean those costs incurred as result of an extraordinary impact.
EXTRAORDINARY IMPACT: Shall mean an impact which is reasonably determined by the Highway District to: a) result in the need for transportation 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), as amended; or b) result in the need for transportation system improvements which are not identified in the capital improvements plan.
FEE PAYER: Shall mean the person who pays or is required to pay a Transportation Impact Fee. A fee payer may include a developer.
HIGHWAY DISTRICT: Shall mean the Canyon Highway District No. 4, a highway district organized and existing by virtue of the Highway District Law, chapter 13 of title 40, Idaho Code.
HIGHWAY DISTRICT ADMINISTRATOR: Shall mean the Officer of Administration of the Highway District or their designee.
INTERGOVERNMENTAL AGREEMENT: Shall mean the City of Star/Canyon Highway District No. 4 Intergovernmental Agreement to Collect and Expend Development Impact Fees for Transportation Systems Improvements entered into by and between the City and the Highway District pursuant to Idaho Code section 67-8204A for the collection and expenditure of Transportation Impact Fees established pursuant to this article and on file in the City as exhibit B.
JOINT ADVISORY COMMITTEE: Shall mean the City of Star/Highway District Joint Development Impact Fee Advisory Committee formed and staffed by the City and the Highway District pursuant to Idaho Code section 67-8205 to prepare and recommend the Capital Improvements Plan and any amendments, revisions or updates of the same.
LAND USE ASSUMPTIONS: Shall mean a description of the service area and projections of land uses, densities, intensities and population in the service area over at least a ten (10) year period.
LEVEL OF SERVICE: Shall mean a measure of the relationship between service capacity and service demand for public facilities.
MANUFACTURED/MOBILE HOME: Shall mean a structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, 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 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 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 USC section 5401 et seq.
MODULAR BUILDING: Shall mean 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: Shall mean the total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction or money.
PROJECT: Shall mean a particular development on an identified parcel of land.
PROJECT IMPROVEMENTS: In contrast to system improvements, shall mean 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: Shall mean that portion of system improvements costs determined pursuant to Idaho Code section 67-8207 which reasonably relates to the service demands and needs of the project.
PUBLIC FACILITIES: Shall mean roads, bridges, and other highway appurtenances which have a useful life of ten (10) years or more.
RECREATIONAL VEHICLE: Shall mean 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.
SCC: Shall mean the Star City Code, the official Code of ordinances of the City.
SERVICE AREA: Shall mean any defined geographic area within the City as identified by the 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. For purposes of this article, there shall be one service area encompassing all of the City of Star and its transportation area of influence, the "Mid-Star Service Area" as defined in the Capital Improvement Plan.
SERVICE UNIT: Shall mean 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 article, service units include the additional vehicle miles traveled on the Transportation Capital Facilities in the PM peak hour attributed to new growth and development.
SYSTEM IMPROVEMENTS: In contrast to project improvements, shall mean capital improvements to public facilities which are designed to provide service to a service area. For the purpose of this article, system improvements are for Transportation Capital Facilities.
SYSTEM IMPROVEMENTS COSTS: Shall mean 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 section 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:
A.
Construction, acquisition or expansion of public facilities other than capital improvements identified in the Capital Improvements Plan;
B.
Improvements, repair, operation or maintenance of existing or new capital facilities;
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 Highway District and/or the City unless such costs are attributable to development of the Capital Improvements Plan, as provided in Idaho Code section 67-8208, as amended; and
F.
Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the Highway District to finance capital improvements identified in the Capital Improvements Plan.
TRANSPORTATION CAPITAL FACILITIES: Shall mean highways, bridges and other roadway appurtenances 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.
TRANSPORTATION DEVELOPMENT IMPACT FEE CAPITAL PROJECTS TRUST FUND (THE TRUST FUND): Shall mean the Transportation Trust Fund established by action of the Board of Commissioners of the Highway District as set forth in Board of Commissioners resolution no. _______, and pursuant to section 7-3B-9 of this article and pursuant to Idaho Code section 67-8210(1) into which all Transportation Impact Fees shall be deposited and maintained by the Highway District and a copy said resolution is on file in the City as exhibit C.
TRANSPORTATION IMPACT FEE: Shall mean a payment of money imposed as condition of development approval to pay for a proportionate share of the costs of transportation system improvements needed to serve the development. The term does not include the following:
A.
A charge or fee to pay the administrative plan review, or inspection cost associated with permits required for development;
B.
Connection or hookup charges;
C.
Availability charges for drainage, sewer, water or transportation charges for services provided directly to the development; or
D.
Amounts collected from a developer in a transaction in which the Highway 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 Idaho Code section 67-8209(3) as amended, for credit or reimbursement.
TRUST ACCOUNTS: Shall mean any of one or more interest bearing accounts within the Transportation Development Impact Fee Capital Projects Trust Fund established in section 7-3B-11 of this article.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Imposition of Impact Fee: A Transportation Impact Fee is hereby imposed on all new development in the City.
B.
Fee Schedule: Transportation Impact Fees shall be calculated in accordance with the fee schedule set forth in Table 3 of the Capital Improvements Plan-Traffic Impact Fee Program providing for standard fees based on the total number of new vehicle miles traveled on the system during the PM peak hour attributed to the development, unless:
1.
The fee payer requests an individual assessment pursuant to section 7- 3B-6 of this article; or
2.
The City and the Highway District find the development will have an extraordinary impact pursuant to section 7-3B-9 of this article. The methodology for determining the costs per service unit provided for in the fee schedule is set forth in the Capital Improvements Plan.
C.
Developer's Election: A developer shall have the right to elect to pay a project's proportionate share of system improvements costs by payment of Transportation Impact Fees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvements costs, except as provided in Idaho Code section 67-8214(3), as amended.
D.
Procedures:
1.
Building Permit: Upon submittal of complete building permit plans for the development to the City, the City shall calculate the Transportation Impact Fee for the development within thirty (30) days of submittal unless the fee payer requests an individual assessment or the City determines that the development may have extraordinary impact. The City may request the Highway District Administrator calculate appropriate the Transportation Impact Fee for development in accordance with the fee schedule.
2.
Exemption: An exemption pursuant to section 7-3B-5 of this article must be claimed by the fee payer upon application for a building permit or manufactured home installation permit. Any exemption not so claimed shall be deemed waived by the fee payer.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Certification: After the Transportation Impact Fee due for a proposed development has been calculated by the City pursuant to the fee schedule attached to the Capital Improvements Plan, or by the Highway District Administrator using the individual assessment process or as requested by the City, the fee payer may request from the City or the Highway District Administrator a certification of the amount of Transportation Impact Fee due for that development. Within thirty (30) days after receiving such request, the City or the Highway District Administrator shall issue a written certification of the amount of the Transportation Impact Fee due for the proposed development. Such certification shall establish the Transportation Impact Fee so long as there is no material change to the particular development as identified in the individual assessment application, or the impact fee schedule attached to the Capital Improvements Plan. The certification shall include an explanation of the calculation of the Transportation 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 Transportation Impact Fee is intended to be used. If the impact fee is calculated by the City pursuant to the fee schedule, the City shall provide the certification to the fee payer and the Highway District Administrator. If the impact fee is determined by the Highway District Administrator following an individual assessment of the fee, the Highway District Administrator shall provide the certification to the fee payer and the City.
B.
Payment of Fees: The Transportation Impact Fee shall be paid to the City at the following times:
1.
If a building permit or manufactured/mobile home installation permit is required, then at the time before the permit is issued;
2.
If no building permit or manufactured/mobile home installation permit is required, then at the time that construction commences; or
3.
At such other time as the developer and the Highway District have agreed upon in writing with notice to the City.
C.
Delivery: All Transportation Impact Fees paid to the City shall then be delivered to the Highway District Administrator on a once-a-month basis.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Exemptions: The provisions of this article shall not apply to the following:
1.
Rebuilding the same amount of floor space of a structure which is destroyed by fire or other catastrophe, provided the structure is rebuilt and ready for occupancy within two (2) years of its destruction;
2.
Remodeling or repairing a structure which does not increase the number of service units;
3.
Replacing a residential unit, including a manufactured/mobile home, with another residential unit on the same lot; provided that, the number of service units does not increase;
4.
Placing a temporary construction trailer or office on a lot;
5.
Constructing an addition on a residential structure which does not increase the number of service units;
6.
Adding uses that are typically accessory to residential uses, such as tennis court or a clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements; or
7.
The installation of a modular building, manufactured/mobile 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/mobile home or recreational vehicle was legally in place on the lot or space prior to the effective date of this article; or
b.
A Transportation Impact Fee has been paid previously for the modular building, manufactured/mobile home or recreational vehicle on that same lot or space.
B.
Exemption Claim Process: An exemption from a Transportation Impact Fee must be claimed on the application by the developer (fee payer) upon submitting their application for a building permit or manufactured home installation permit. Any exemption not so claimed shall be deemed waived by the fee payer. Applications for exemption shall be determined by the City within ninety (90) days of receipt of the claim for exemption.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
In lieu of calculating the amount of the Transportation Impact Fee by reference to the fee schedule attached to the Capital Improvements Plan, a fee payer may file a request with the City that the amount of the required Transportation Impact Fee be determined by the Highway District Administrator through an individual assessment for the proposed development. A request for an individual assessment process shall involve consideration of studies, data, and any other relevant information submitted by the fee payer to adjust the amount of the Transportation Impact Fee. If a fee payer files a request for 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 article, at the fee payer's expense. The fee payer shall, at the fee payer's expense, bear the burden of proving by clear and convincing evidence that the resulting individual assessment complies with the requirements of this article. 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 system improvements, based on the adopted levels of service, than the development impact fees that would otherwise be due pursuant to the fee schedule attached to the Capital Improvements Plan.
B.
Each individual assessment shall be based on the same level of service standards and unit costs for system improvements used in the Capital Improvements Plan, shall use an average cost (not a marginal cost) methodology, and shall document the relevant methodologies and assumptions used. The vehicle miles traveled cost (VMT cost) established in the Capital Improvement Plan is based on the level of service standards and unit costs for the system improvements, and is not subject to modification in an individual assessment. The other factors used to determine the Transportation Impact Fee, including the trip generation rates, new trip factor, average trip length, or network adjustment factors are eligible for individual assessment.
C.
A request for an individual assessment shall be delivered and filed with the City at any time that the number of dwelling units in the proposed development and the types and amounts of development in each non-residential category identified in the fee schedule attached to the Capital Improvements Plan are known. Upon filing of a request for individual assessment, the City shall transmit the request to the Highway District Administrator for review. The Highway District Administrator shall issue a written decision within thirty (30) days following receipt of a completed request for individual assessment together with all supporting information from the fee payer, so as not to unreasonably delay the developer's (fee payer's) subsequent applications to the City for building permits.
D.
Each individual assessment request delivered to the Highway District Administrator may then be accepted, rejected, or accepted with modifications by the Highway District Administrator as the basis for calculating the Transportation Impact Fee. The criteria for acceptance, rejection or acceptance with modifications shall be whether the individual assessment is a more accurate measure of demand for system improvements element(s) created by the proposed development, or the costs of those facilities, than the applicable fee shown in the fee schedule attached to the Capital Improvements Plan.
E.
The decision by the Highway District Administrator on an application for an individual assessment shall include an explanation of the calculation of the Transportation Impact Fee, shall specify the system improvement(s) for which the Transportation 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 Highway District Administrator then the Transportation Impact Fee due under this article for such development shall be calculated according to such individual assessment.
G.
The Highway District Administrator shall provide notice of final determination of an individual assessment to the developer (fee payer) and the City.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Credits to Be Issued: When a developer or their predecessor in title or interest has constructed system improvements of the same category as a transportation capital improvements element, or contributed or dedicated land or money towards the completion of system improvements of the same category as a transportation capital improvements element, and the Highway District has accepted such construction, contribution or dedication, the Highway District shall issue a credit against the Transportation Impact Fees otherwise due for the same transportation capital improvements element in connection with the proposed development, as set forth in this section, credit shall be issued regardless of whether the contribution or dedication to system improvements was required by the Highway District as a condition of development approval or was offered by the developer and accepted by the Highway District in writing, and regardless of whether the contribution or dedication was contributed by the developer or by a local improvement district controlled by the developer.
B.
Limitations: Credits against a Transportation Impact Fee shall not be given for:
1.
Project improvements; or
2.
Any construction, contribution or dedication not agreed to in writing by the Highway District prior to commencement of the construction, contribution, or dedication. Credits issued for one transportation capital improvements element may not be used to reduce Transportation Impact Fees due for a different capital improvement. No credits shall be issued for system improvements contributed or dedicated prior to the effective date of this article.
C.
Valuation of Credit at Present Value:
1.
Land: Credit for qualifying land dedications shall be valued at $2.50 per square foot as defined in the Capital Improvement Plan, except as modified by annual adjustments for inflation as further defined under this Act.
2.
Improvements: Credit for qualifying acquisition or construction of system improvements shall be valued by the Highway District at the present value of such improvements based on complete engineering drawings, specifications, and construction cost estimates submitted by the fee payer to the Highway District. The Highway District Administrator shall determine the amount of credit due based on the information submitted, or, if it determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the Highway District. In no case shall credit for improvements constructed exceed those costs determined to be impact fee eligible for those specific improvements in the Capital Improvement Plan.
D.
When Credits Become Effective:
1.
Land: Approved credits for land dedications shall become effective when the land has been conveyed to the Highway District in a form acceptable to the Highway District, at no cost to the Highway District, and has been accepted by the Highway District. Upon request of the fee payer, the Highway District shall issue a letter stating the amount of credit available.
2.
Improvements: Approved credits for acquisition or construction of system improvements shall generally become effective when: a) all required construction has been completed and has been accepted by the Highway District, b) a suitable maintenance and warranty bond has been received and approved by the Highway District, and c) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable requirements of the Highway District and the State of Idaho. Upon request of the fee payer, the Highway District shall issue a letter stating the amount of credit available.
E.
Credit Request Procedures:
1.
Request: In order to obtain a credit against a Transportation Impact Fee otherwise due, a fee payer shall submit to the City a written offer of request to dedicate to the Highway District specific parcels of qualifying land or a written offer to contribute or construct specific system improvements to the Transportation Capital Facilities in accordance with all applicable State or City design and construction standards, and shall specifically request a credit against the type of Transportation Impact Fee for which the land dedication or system improvements is offered. The City shall then deliver the written offer of request to the Highway District Administrator.
2.
Review: After receipt of the written offer of request for credit, the Highway District Administrator shall review the request and determine whether the land or system improvements offered for credit will reduce the costs of providing Transportation Capital Facilities by an amount at least equal to the value of the credit. If the Highway District Administrator determines that the offered credit satisfies that criteria and will be acceptable to the Board of Commissioners, then the credit shall be issued. The Highway District shall complete its review and determination of an application within thirty (30) days after receipt of an application for credit.
3.
Credits Exceeding Fee Amounts Due: If the credit due to a fee payer pursuant to subsection D of this section exceeds the Transportation Impact Fee that would otherwise be due from the fee payer pursuant to this article (whether calculated through the fee schedule attached to the Capital Improvement Plan or through an independent assessment), the fee payer may choose to receive such credit in the form of either: a) a credit against future Transportation Impact Fee due for the same system improvements; or b) a reimbursement from Transportation Impact Fees paid by future development that impacts the system improvements contributed or dedicated by the fee payer. Unless otherwise stated in an agreement with the fee payer, the Highway District shall be under no obligation to use any Highway District funds - other than Transportation Impact Fees paid by other development for the same system improvements - to reimburse the fee payer for any credit in excess of Transportation Impact Fees that are due.
4.
Written Agreement Required: If credit or reimbursement is due to the fee payer pursuant to this section, the Highway District shall enter into a written agreement with the fee payer, negotiated in good faith, prior to the contribution, dedication, or funding of the system improvements giving rise to the credit. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement, and shall have a term not exceeding ten (10) years.
5.
Determination: The Highway District Administrator's determination on the written offer of request for credit shall be provided to the fee payer and the City.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
General Provisions:
1.
Accounting Principles: The calculation of the Transportation Impact Fee shall be in accordance with generally accepted accounting principles. A development impact fee shall not be deemed invalid because payment of the fee may result in an incidental benefit to owners or developers within the service area other than the fee payer.
2.
Levels of Service: The Transportation Impact Fee shall be calculated on the basis of levels of service for public facilities adopted in this article that are applicable to existing development as well as new growth and development. The construction, improvement, expansion or enlargement of new or existing public facilities for which the Transportation Impact Fee is imposed must be attributable to the capacity demands generated by the new development.
B.
Methodology; Proportionate Methodology: The Transportation Impact Fee shall not exceed a proportionate share of the cost of the system improvements determined in accordance with Idaho Code section 67-8207, as amended. Transportation Impact Fees shall be based on actual system improvements costs or reasonable estimates of such costs. The amount of the Transportation Impact Fee shall be calculated using the methodology contained in the Capital Improvements Plan.
C.
Proportionate Share Determination:
1.
Transportation Impact Fee shall be based on a reasonable and fair formula or method under which the Transportation Impact Fee imposed does not exceed a proportionate share of the costs incurred or to be incurred by the Highway District in the provision of system improvements to serve the new development. The proportionate share is the costs attributable to the new development after the Highway District considers the following:
a.
Any appropriate credit, offset or contribution of money, dedication of land or construction of system improvements;
b.
Payments reasonably anticipated to be made by or as a result of a new development in the form of user fees and debt service payments;
c.
That portion of general tax or other revenues allocated by the Highway District to system improvements; and
d.
All other available sources of funding such system improvements.
2.
In determining the proportionate share of the cost of system improvements to be paid by the developer, the following factors shall be considered by and accounted for in the calculation of the Transportation Impact Fee:
a.
The costs of existing system improvements within the service area;
b.
The means by which existing system improvements have been financed;
c.
The extent to which the new development will contribute to system improvements costs through taxation, assessments, or developer or landowner contributions, or has previously contributed to system improvements costs through developer or landowner contributions;
d.
The extent to which the new development is required to contribute to the cost of existing system improvements in the future;
e.
The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area;
f.
Extraordinary costs, if any, incurred in serving the new development;
g.
The time and price differential inherent in a fair comparison of fees paid at different times; and
h.
The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers and special taxation.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
In the event the City makes an initial determination that development may impose extraordinary impact, the City shall provide the development application to the Highway District Administrator along with the City's initial determination. The Highway District Administrator shall then review and determine whether or not the development application will impose extraordinary impact.
B.
If the Highway District Administrator determines that a proposed development generates extraordinary impact that will result in extraordinary systems improvements costs, the Highway District Administrator will notify the fee payer and the City of such Transportation Impact Fee determination within thirty (30) days after Highway District Administrator's receipt from the City of the development application and the City's initial determination. Such notice shall include a statement that the potential impacts of such development on system improvements are not adequately addressed by the Capital Improvements Plan, and that a supplemental study, at the fee payer's expense will be required.
C.
Circumstances that may lead to a determination of extraordinary impact include, but are not limited to:
1.
An indication the assumptions used in the Capital Improvements Plan underestimate the level of activity or impact on Transportation Capital Facilities from the proposed development or activity.
D.
Within thirty (30) days following the designation of a development with extraordinary impact, the Highway District Administrator 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 improvements costs related to the proposed development;
2.
Modify the proposal to avoid generating extraordinary impact; or
3.
Withdraw the application for certification, building permit or development approval.
E.
If the fee payer agrees to pay for the supplemental study required to document the proposed development's proportionate share of system improvements costs, then the Highway District Administrator 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.
F.
Once the study has been completed, the fee payer may choose to:
1.
Pay the proportionate share of system improvements 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 improvements costs documented in the supplemental study, that agreement shall be reduced to writing between the Highway District and the fee payer prior to review and consideration of any application for any development approval or building permit related to the proposed development.
G.
Notwithstanding any agreement by the fee payer to pay the proportionate share of system improvements costs documented by the supplemental study, nothing in this article shall obligate the City to approve development that results in an extraordinary impact to the transportation system.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Duty to Refund:
1.
Refund: Transportation Impact Fees shall be refunded to the fee payer, or to a successor in interest, in the following circumstances:
a.
Service is available but never provided;
b.
A building permit, or permit for installation of a manufactured home, is denied by the City or abandoned;
c.
The fee payer pays a Transportation Impact Fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the proportionate share attributed to the development;
d.
The Highway District has received a Transportation Impact Fee and the Highway District has failed to appropriate or expend the received fees pursuant to the subsection below; or
e.
Failure of the Highway District to commence construction or encumber the fund in the Transportation Development Impact Fee Capital Projects Trust Fund.
2.
Holding Fees: Any Transportation Impact Fee paid shall be refunded if the Highway District has failed to commence construction of system improvements in accordance with this article, or to appropriate funds for such construction, within eight (8) years after the date on which such fee was received by the Highway District. Any refund due shall be paid to the owner of record of the parcel for which the Transportation Impact Fee was paid. The Highway District may hold Transportation Impact Fees for longer than eight (8) years if the Highway District identifies in writing and in written notice to the owner of record of the parcel: a) a reasonable cause why the fees should be held longer than eight (8) years; and b) an anticipated date by which the fees will be expended, but in no event greater than eleven (11) years from the date they were received. If the Highway District complies with the previous sentence, then any Transportation Impact Fees so identified shall be refunded to the fee payer if the Highway District has failed to commence construction of system improvements in accordance with the written notice, or to appropriate funds for such construction on or before the date identified in such writing.
3.
No Refund Due for Subsequent Reduction in Size of Development or Service Units: After a Transportation Impact Fee has been paid pursuant to this article and after a certificate of occupancy has been issued by the City, no refund of any part of such fee shall be made if the project for which the fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the project or the number of units in the project.
4.
Interest: Each refund shall include a refund of interest at one-half (1/2) the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was originally paid.
5.
Timing: The Highway District shall make a determination of whether a refund is due within thirty (30) days after receipt of a written request for a refund from the owner of record of the property for which the fee was paid. When the right to a refund exists, the Highway District shall send the refund to the owner of record within ninety (90) days after the Highway District determines that a refund is due.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Trust Fund: The Trust Fund established by the Highway District will be maintained by the Highway District for the purpose of ensuring that all Transportation Impact Fees received, pursuant to this article, are used to address impacts reasonably attributable to new development for which the Transportation Impact Fees are paid. The Trust Fund shall be divided into the trust accounts. All funds in all trust accounts in the Trust Fund shall be maintained in an interest bearing account. The interest earned on each trust account pursuant to Idaho Code section 67-8210(1) shall not be governed by Idaho Code section 57-127, as amended, but shall be considered funds of the trust accounts and shall be subject to the same restrictions on uses of funds as the Transportation Impact Fees on which the interest is generated.
B.
Deposit of Transportation Impact Fees: All monies paid by a fee payer, pursuant to this article, shall be identified as Transportation Impact Fees and shall be promptly deposited by the Highway District Administrator in the appropriate trust accounts of the Trust Fund.
1.
First-In/First-Out: Monies in each trust account shall be spent in the order collected, on a first-in/first-out basis.
2.
Maintenance of Records: The Highway District shall maintain and keep accurate financial records for each trust account that shall show the source and disbursement of all revenues, that shall account for all monies received, that shall ensure that the disbursement of funds from each trust account shall be used solely and exclusively for the provisions of projects specified in the Capital Improvements Plan, and that shall provide an annual accounting for each Transportation Impact Fee account showing the source and amount of all funds received and the projects that were funded.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Expenditures: Expenditures of Transportation Impact Fees collected and deposited in the Trust Fund shall be made only for system improvements within the service area for which the impact fee was collected in accordance with the Capital Improvements Plan.
B.
Capital Improvements Plan Reimbursement; Surcharge: A portion of each impact fee collected shall be designated as a surcharge for reimbursement of the Highway District for the cost of preparing the Capital Improvements Plan in accordance with Idaho Code section 67-8208. The surcharge shall not exceed the development's proportionate share of the cost of preparing the Capital Improvements Plan.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Appeals: Any fee payer that is or may be obligated to pay a Transportation Impact Fee, or that claims a right to receive a refund, reimbursement, exemption or credit under this article, and who is dissatisfied with a decision made either by the City or by the Highway District Administrator in applying this article, may appeal such decision as follows:
1.
In the case of a decision made by the City to the City Council; and
2.
In the case of a decision made by the Highway District Administrator to the Board of Commissioners.
B.
Burden of Proof: The fee payer shall have the burden on appeal of proving by clear and convincing evidence that the decision was in error.
C.
Written Notice: In order to pursue the appeal described in this section, the fee payer shall file a written notice of the appeal with the City within thirty (30) days after the date of the City's or the Highway District Administrator's decision, or the date on which the fee payer submitted a payment of the Transportation Impact Fee under protest, whichever is later. Such written application shall include a statement describing why the fee payer believes that the appealed decision was in error, together with copies of any documents that the fee payer believes support the claim.
D.
Highway District Administrator's Decision: Appeals of the Highway District Administrator's decisions shall be delivered by the City to the Highway District Administrator.
E.
Timing: The City Council or the Board of Commissioners, as the case may be, shall hear the appeal within sixty (60) days after receipt of a written notice of appeal. The fee payer shall have a right to be present and to present evidence in support of the appeal. The City or Highway District Administrator who made the decision under appeal or their representative shall likewise have the right to be present and to present evidence in support of the decision. The criteria to be used by the City Council or by the Board of Commissioners in considering the appeal shall be whether: 1) the decision or interpretation made by the City or Highway District Administrator; or 2) the alternative decision or interpretation offered by the fee payer, more accurately reflects the intent of this article that new development in the City pay its proportionate share of the costs of system improvements to transportation facilities necessary to serve new development, and whether the provisions of this article has been correctly applied. The City Council or Board of Commissioners, as the case may be, shall issue a decision upholding, reversing, or modifying the decision being appealed within thirty (30) days after hearing the appeal.
F.
Payment Under Protest: A fee payer may pay a Transportation Impact Fee under protest in order not to delay in the issuance of a building permit by the City. A fee payer making a payment under protest shall not be estopped from exercising the right to appeal provided herein, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected.
G.
Mediation:
1.
Any fee payer that has a disagreement with the City or the Highway District Administrator regarding a Transportation Impact Fee determination that is or may be due for a proposed development pursuant to this article, may enter into a voluntary agreement with the City or the Highway District, as the case may be, to subject the disagreement to mediation by a qualified independent party acceptable to both parties.
2.
Mediation may take place at any time following the filing of a timely appeal pursuant to subsection C of this section, or as an alternative to such appeal, provided that the request for mediation is filed no later than the last date on which a timely appeal could be filed pursuant to subsection C of this section.
3.
Participation in mediation does not preclude the fee payer from pursuing other remedies provided for in this section.
4.
If mediation is requested, any related mediation costs shall be shared equally by the fee payer and the City or the Highway District, as the case may be, and a written agreement regarding the payment of such costs shall be executed prior to the commencement of mediation.
5.
In the event that mediation does not resolve the issues between the City or the Highway District and the fee payer, the fee payer retains all rights to seek relief from a court of competent jurisdiction.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Review and Modification of Capital Improvements Plan: The Board of Commissioners shall, at least once every five (5) years, commencing from the date of the original adoption of the Capital Improvements Plan, review the development potential and update the Capital Improvements Plan in cooperation with the City and in accordance with the procedures set forth in Idaho Code section 67-8206, as amended. Each update shall be prepared by the Highway District Administrator in consultation with the Joint Advisory Committee.
B.
Annual Review: The Highway District shall annually adopt a capital budget.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
As part of its annual audit process, the Highway District shall prepare an annual report:
A.
Describing the amount of all Transportation Impact Fees received, appropriated or spent during the preceding year by category of public facility; and
B.
Describing the percentage of taxes and revenues from sources other than the Transportation Impact Fees received, appropriated or spent for system improvements during the preceding year by systems improvements category of Transportation Capital Facilities.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Committee Created: A joint standing committee of the City Council and the Board of Commissioners of the Highway District is established.
B.
Committee Name: The joint standing committee is known and shall continue to be known and designated as the "City of Star/Canyon Highway District No. 4 Joint Development Impact Fee Advisory Standing Committee" (hereinafter in this article referred also as "Joint Advisory Committee" or "committee").
C.
Membership: The members on the committee shall be appointed by the City Council and confirmed by the Board of Commissioners of the Highway District for a term of one year or until someone is appointed in his/her place, and there shall not be fewer than five (5) members of which two (2) or more members shall be active in the business of development, building or real estate and at least two (2) or more members shall not be employees or officials of the City or the Highway District. State Code on this requirement modified by 2021 legislature, this section may need to be updated.
1.
The members will be appointed during the January regular meetings of the City Council and the Board of Commissioners.
2.
Any vacancy occurring on the committee during the year may be filled during the year, by appointment of the City Council and confirmed by the Board of Commissioners of the Highway District.
D.
Charge: The Joint Advisory Committee shall serve as an advisory committee to the City Council and the Board of Commissioners of the Highway District and is charged with the following responsibilities:
1.
Assist the City and the Highway District in adopting land use assumptions; and
2.
Review the Capital Improvements Plan, and proposed amendments, and file written comments; and
3.
Monitor and evaluate implementation of the Capital Improvements Plan;
4.
File with the Highway District, Highway District Administrator and the City Clerk, at least annually, with respect to the Capital Improvements Plan, a report of any perceived inequities in implementing the Capital Improvements Plan or imposing the Transportation Impact Fees;
5.
Advise the City Council and the Board of Commissioners of the Highway District of the need to update or revise land use assumptions, Capital Improvements Plan and transportation development impact fees; and
6.
The Highway District shall make available to the Joint Advisory Committee, upon request, all financial and accounting information, professional reports in relation to other development and implementation of land use assumptions, the Capital Improvements Plan and periodic updates of the Capital Improvements Plan.
E.
Joint Advisory Committee Organization: The Highway District and Highway District Administrator shall staff the Joint Advisory Committee in order to provide the committee with needed information for the committee's review and to provide for its compliance with the Open Meeting Law (Idaho Code 74-2).
1.
The Joint Advisory Committee shall select its officers, which include a Chairman, Vice Chairman and a Secretary of the committee.
2.
The Chairman shall conduct the meetings of the committee. The duties of the Chairman shall be performed by the Vice Chairman in the absence of the Chairman or as delegated by the Chairman. The Chairman and the Vice Chairman shall be members of the committee.
3.
The Highway District Administrator shall serve as the Secretary of the committee and shall take minutes and post agenda notices required by the Open Meeting Law. The Secretary is not a member of the committee.
4.
The committee shall establish a regular meeting schedule.
5.
The agenda of each meeting shall include the approval of the minutes of the last meeting and the Secretary shall provide a copy of the approved minutes to the City Council and the Board of Commissioners.
6.
Fifty percent (50%) of the membership of the committee shall constitute a quorum. Once a quorum is established for a meeting, the subsequent absence of a member present for creating the quorum shall not dismiss the quorum.
7.
A majority vote of those present at any meeting is sufficient to carry motions.
F.
Reporting: The Joint Advisory Committee reports directly to the Highway District Board of Commissioners and to the City Council.
G.
City Council and Highway District Board of Commissioners Review of Committee's Report and Recommendations: The City Council and the Highway District Board of Commissioners shall each consider the Joint Advisory Committee's recommended revision(s) at least once every twelve (12) months. The Joint Advisory Committee's recommendations and the City Council's and Board of Commissioners' actions are intended to ensure that the benefits to a development paying Transportation Impact Fees are equitable, so that the Transportation Impact Fee charged to the development shall not exceed a proportionate share of system improvements costs, and that the procedures for administering Transportation Impact Fees remain efficient.
H.
The Joint Advisory Committee that was established during the preparation of the Capital Improvements Plan shall continue in existence and shall by operation of this article become the Joint Advisory Committee created herein.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
When any Transportation Impact Fee is due pursuant to this article, or pursuant to the terms of any written agreement between a fee payer and the City or the Highway District, and such Transportation Impact Fee has not been paid in a timely manner, the City, or Highway District Administrator on behalf of the Highway District, may exercise any or all of the following powers as applicable to their authority, in any combination, to enforce the collection of the Transportation Impact Fee:
1.
Withhold building permits, manufactured home installation permits, access permits, or other City development approval related to the development for which the Transportation Impact Fee is due until all Transportation Impact Fees due have been paid, and issue stop work orders, and revoke or suspend a building permit.
2.
Withhold utility services from the development for which the Transportation Impact Fee is due until all Transportation Impact Fees due have been paid; and
3.
Add interest to the Transportation Impact Fee not paid in full at the legal rate provided for in Idaho Code section 28-22-104, as amended, plus five percent (5%) beginning on the date at which the payment of the Transportation Impact Fee was due until paid in full.
4.
Impose a penalty of five percent (5%) of the total Transportation Impact Fee (not merely the portion dishonored, late or not paid in full) per month beginning on the date at which the payment of the Transportation Impact Fee was due until paid in full.
5.
Impose a lien pursuant to the authority of Idaho Code section 67-8213(4) for failure to timely pay a Transportation Impact Fee following the procedures contained in Idaho Code title 45, chapter 5.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
The City is a governmental entity that is empowered by the Act to adopt development impact fee ordinances and as such is authorized, by Idaho Code section 67-8204A, to enter into the Intergovernmental Agreement with the Highway District for the purpose of agreement to collect and expend Transportation Impact Fees for system improvements as provided in this article.
B.
The City and the Highway District have entered into the Intergovernmental Agreement which is in full force and effect.
C.
The Intergovernmental Agreement complies with this article and requires the Highway District to be governed by and to fully abide by the provisions of this article.
D.
Any amendments of the Intergovernmental Agreement shall be implemented by corresponding relevant amendments of this article which amendments shall not apply to any Transportation Impact Fees then not expended and currently held in the Trust Fund.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Nothing in this article shall prevent the Highway District from requiring a developer to construct reasonable project improvements, as are required by the standards, policies and other rules that are adopted by the Highway District, in conjunction with a development.
B.
Nothing in this article 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 development project.
C.
Nothing in this article shall obligate the City or Highway District to approve development which results in an extraordinary impact.
D.
Nothing in this article shall obligate the Highway District to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels established in this article.
E.
Nothing in this article shall be construed to create any additional right to develop real property or diminish the City in regulating the orderly development of real property within its boundaries.
F.
Nothing in this article shall work to limit the use by the City or Highway District of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues.
G.
Nothing herein shall restrict or diminish the power of the City to annex property into its territorial boundaries or exclude property from its territorial boundaries upon request of a developer or owner, or to impose reasonable conditions thereon, including the recovery of project or system improvements costs required as a result of such voluntary annexation.
H.
The Highway District shall develop a plan for alternative sources of revenue, which shall include but not necessarily be limited to plans generated during the Highway District's annual budget process, lobbying efforts, tax increment financing, and implementation of user fees, administrative and regulatory fees and other forms of revenue.
I.
Notwithstanding any other provision of this article, that portion of a project for which a complete application for a building permit has been received by the City, prior to the effective date of this article, shall not be subject to the Transportation Impact Fee imposed by this article. If the resulting building permit is later revised or replaced after the effective date of this article, and the new building permit(s) reflects a development density, intensity, development size or number of units more than ten percent (10%) higher than that reflected in the original building permit, then the Transportation Impact Fee may be charged on the difference in density, intensity, development size or number of units between the original and the revised or replacement building permit.
J.
Any monies, including any accrued interest not assigned to specific system improvements within such Capital Improvements Plan and not expended pursuant to section 7-3B-12 of this article or refunded pursuant to section 7-3B-10 of this article shall be retained in the same account until the next Highway District fiscal year.
K.
If the Highway District discovers an error in the Capital Improvements Plan that results in assessment or payment of more than a proportionate share of system improvements costs on any proposed development, the Highway District Administrator shall: 1) adjust the Transportation Impact Fee to collect no more than a proportionate share; or 2) discontinue the collection of any Transportation Impact Fees until the error is corrected by ordinance.
L.
If Transportation 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 Highway District within thirty (30) days after the Highway District's acceptance of the recalculated amount, with interest at the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was paid. Any amounts underpaid by the fee payer shall be paid to the City within thirty (30) days after the Highway District Administrator's acceptance of the recalculated amount, with interest at the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was paid. In the case of an underpayment to the City, the Highway District Administrator may request the City and the City may withhold issuance of the building permits or development approval for the project for which the Transportation Impact Fee was paid until such underpayment is corrected, and if amounts owed to the City are not paid within such thirty-day period, the Highway District Administrator may also ask the City to and the City may revoke any building permits or development approval issued in reliance on the previous payment of such Transportation Impact Fee and refund such fee to the fee payer.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
Any person who violates any provision of this article shall be guilty of a misdemeanor, punishable by up to one year in the County Jail, and/or a one thousand dollar ($1,000.00) fine, or both. Knowingly furnishing false information to any official of the City or the Highway District charged with the administration of this article, including without limitation, the furnishing of false information regarding the expected size, use or impacts from a proposed development, shall be a violation of this article.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
All provisions, terms, phrases and expressions contained in this article shall be liberally construed in order that the true intent and meaning of the Act and the City Council and the Board of Commissioners may be fully carried out.
(Ord. 278, 10-2-2018; Adopted by Ord. 342-2021 on 1/1/2021)
A.
Jail, coroner and emergency medical services impact fees are hereby imposed on all new development within the conterminous boundaries of the city. The jail, coroner and emergency medical services impact fees shall be collected as applicable by the city and transferred to Ada County pursuant to an executed intergovernmental agreement by each entity. The amount of the jail, coroner and emergency medical services impact fees is identified in the Ada County Jail, Coroner and Emergency Medical Services Capital Improvement Plans and Development Studies dated May 24, 2024 and all subsequent updates and amendments pertaining thereto. Jail, coroner and emergency medical services impact fees are subject to the same rules and procedures as other development impact fees collected under this chapter including, but not limited to, individual assessments, appeals, exemptions, refunds and extraordinary impact.
B.
All jail, coroner and emergency medical services impact fees paid by a fee payer pursuant to this chapter, shall, upon receipt by Ada County, be promptly deposited by Ada County into a Capital Projects Fund established by Ada County. The Capital Projects Fund shall be divided into one (1) or more trust accounts and:
1.
Monies in each trust account shall be spent in the order collected, on a first-in/first out basis.
2.
All funds in all trust accounts shall be maintained in an interest bearing account. The interest earned on each trust account pursuant to Idaho Code section 67-8210(1) shall not be governed by Idaho Code section 57-127, as amended, but shall be considered funds of the trust accounts and shall be subject to the same restrictions on uses of funds as the jail impact fees on which the interest is generated.
3.
Ada County shall maintain and keep accurate financial records for each of their trust accounts which records shall:
a.
Show the source and disbursement of all revenues;
b.
Account for all monies received;
c.
Ensure that the disbursement of funds from each trust account shall be used solely and exclusively for the provisions of projects specified in the Ada County Jail, Coroner and Emergency Medical Services Capital Improvement Plans and Development Impact Fee Studies dated May 24, 2024 and all updates and amendments pertaining thereto; and
d.
Provide an annual accounting for each trust account showing the source and amount of all funds collected and the projects that were funded, which annual accounting shall be provided to the city as part of the annual audit process of this chapter.
(Ord. No. 428-2025, § 1, 12-16-2025)
(Rep. by Ord. 317, 11-9-2020)