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HomeMy WebLinkAbout0867 Parks, Police, Fire/EMS Impact FeesCITY OF CHUBBUCK, IDAHO ORDINANCE NO. 867 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTIONS 17.24.010, 17,24.020, 17.24.040, and 17.24.120, AND SECTIONS 17.28.010, 17.28.020, 17.28.040 and 17.28.120 OF THE CHUBBUCK MUNICIPAL CODE EFFECTIVE FEBRUARY 26,2024; ADOPTING THE CAPITAL IMPROVEMENTS PLANS FOR THE POLICE DEPARTMENT - DATED MAY 2023, FIRE AND EMERGENCY SERVICES -DATED NOVEMBER 2023, AND PARKS AND TRAILS - DATED NOVEMBER 2023; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended Section 17.24.010, 17.24.020, 17.24.040, and 17.24.120. Sections 17.24.010, 17.24.020, 17.24.040, and 17.24.120 are amended to read as follows: 17.24.010: LEGISLATIVE FINDINGS: The City Council of the City of Chubbuck, Idaho, finds that: A. Based on the City of Chubbuck Comprehensive Plan adopted by the City pursuant to title 67, chapter 65, Idaho Code, including, but not limited to, the capital improvements element of the comprehensive plan, and the general governmental goal of protecting the health, safety, and general welfare of the citizens of the City, and its Area of City Impact, it is necessary for: 1) police public facilities; and 2) emergency services public facilities to accommodate new development within the City, and its Area of City Impact. B. New residential and nonresidential growth and development imposes and will impose increasing and excessive demands upon the public facilities. C. The revenues generated from new residential and nonresidential growth and development often does not generate sufficient funds to provide the necessary levels of service provided by these public facilities to accommodate new development. D. New development is expected to continue, and will place ever increasing demands on the City to provide and expand the public facilities to serve new development. E. The City has planned for the improvement of the public facilities in the capital improvements element of the City of Chubbuck Comprehensive Plan and in the impact fee analysis and the capital improvement plan reviewed and adopted therewith. F. The creation of an equitable impact fee system in accordance with title 67, chapter 82, Idaho Code enables the City to impose a proportionate share of the costs of needed improvements to the public facilities to accommodate new development, and assists -the City in implementing the capital improvements element of the comprehensive plan. G. In order to maintain an equitable impact fee system for the public facilities, the City retained Zions Public Finance, Inc. ("Zions") to prepare updated impact fee studies for these types of facilities 5 years after adopting impact fees originally in 2019. The resulting documents are titled: Police Capital Improvement Plan and Impact Fee Analysis, and Fire and Emergency Services Capital Improvement Plan and Impact Fee Analysis, and all dated 2023 (the "Impact Fee Study"), and recommended for approval by the Impact Fee Advisory Committee. The studies are on file in the Office of the City Clerk of the City of Chubbuck. Any reference herein to the Impact Fee Study shall be to the respective study for that service. H. The Impact Fee Study is consistent with the capital improvements element of the City of Chubbuck Comprehensive Plan, and uses the levels of service set forth in the Comprehensive Plan for these public facilities. The Impact Fee Study sets forth reasonable methodologies and analyses for determining the impacts of various types of new development on the public facilities, and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such public facilities created by new development. J. The Impact Fee Study uses a calculation methodology in accordance with generally accepted accounting principles. This chapter shall not be deemed invalid because payment of an impact fee may result in an incidental benefit to others within the service area other than the fee payer. K. The impact fees described in this chapter are based on the Impact Fee Study, and do not exceed the costs of system improvements for the public facilities to serve new development that will pay the impact fees. L. The police and emergency services included in the calculation of impact fees in the Impact Fee Study will benefit all new development throughout the City, and it is therefore appropriate to treat all areas of the City and the Area of City Impact as a single service area for purposes of calculating, collecting and spending the impact fees collected. M. There is both a rational nexus and a rough proportionality between the development impacts created by each type of development covered by this chapter and the impact fees that such development will be required to pay. N. This chapter creates a system by which impact fees paid by new development will be used to finance, defray or to provide capital improvements for the public facilities in ways that benefit the development for which impact fees were paid. 0. This chapter creates a system under which impact fees shall not be used to correct existing deficiencies in public facilities, or to replace or rehabilitate existing public facilities, or to pay for routine operation or maintenance of those public facilities. P. This chapter creates a system under which there shall be no double payment of impact fees, in accordance with Idaho Code section 67-8204(19). Q. This chapter is consistent with all applicable provisions of title 67, chapter 82, Idaho Code, concerning impact fee ordinances. (Ord. 783, 2019) 17.24.020: AUTHORITY, APPLICABILITY, AND EFFECTIVE DATE: A. This chapter is enacted pursuant to the City's general police powers pursuant to the authority granted to the City by title 50, Idaho Code, and pursuant to the authority granted to the City by section 67-8201 et seq., Idaho Code. B. The provisions of this chapter shall apply to all of the territory within the limits of the City and to any unincorporated areas of the City within the City's Area of City Impact where the City has executed an intergovernmental agreement with Bannock County for purposes of collection or expenditure of impact fees pursuant to section 67-8204A, Idaho Code, and other applicable laws of the State of Idaho, or when agreed to by Bannock County residents in order to receive City of Chubbuck utilities and/or other services. C. This chapter is effective Ma. eh 2 i -February 26,2-0- �2-Q2-4 ("effective date"), which effective date is more than thirty (30) days subsequent to the passage, approval and publication, according to law, of the ordinance codified herein, which adopted the provisions hereof. D. Applications for building permits received by the City prior to the effective date hereof, or amendments hereto, adopting impact fees or amending or adopting any methodology by which impact fees are calculated, will be subject to adopted development impact fees as set forth by the City Council. E. Notwithstanding any other provision of law, development requirements for system improvements shall be imposed by the City only by way of impact fees imposed pursuant to and in accordance with section 67-8201 et seq., Idaho Code, and this chapter. (Ord. 783, 2019) 17.24.040: DEFINITIONS: APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or other official act of a governmental entity. BUILDING PERMIT: An official document or certificate by that name issued by the City 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. CAPITAL IMPROVEMENTS ELEMENT: A component of a comprehensive plan adopted pursuant to chapter 65, title 67, Idaho Code, which component meets the requirements of a capital improvements plan pursuant to this chapter. CAPITAL IMPROVEMENTS PLAN: A plan adopted pursuant to this chapter that identifies capital improvements for which impact fees may be used as a funding source. CITY: The City of Chubbucic, Idaho. CITY COUNCIL: The legislative body of the City of Chubbucic, Idaho. DEVELOPER: Any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to sections 50-1301 through 50-1334, Idaho Code and this title. DEVELOPMENT: Any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for public facilities or the subdivision of property that would permit any change in the use, character or appearance of land. As used in this chapter, "development" shall not include activities that would otherwise be subject to payment of the development impact fee if such activities are undertaken by a taxing district, as defined in section 63-201, Idaho Code, in the course of carrying out the taxing district's public responsibilities, unless the adopted impact fee ordinance expressly includes taxing districts as being subject to development impact fees. DEVELOPMENT APPROVAL: Any written authorization from a governmental entity which authorizes the commencement of a development. DEVELOPMENT IMPACT FEE: See definition of impact fee DEVELOPMENT REQUIREMENT: A requirement attached to a development approval or other governmental action approving or authorizing a particular development including, without limitation, a rezoning, which development requirement compels the payment, dedication or contribution of goods, services, land and/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 a multi -family building, a mobile home, a manufactured home, a modular building and/or a motel/hotel/rooming house. EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact. EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City to: result in the need for system improvements, the cost of which will significantly exceed the sum of the impact fees to be generated from the project; or the sum agreed to be paid pursuant to a development agreement as allowed by section 67-8214(2), Idaho Code, or result in the need for system improvements that are not identified in the capital improvements plan. FEE ADMINISTRATOR: The Community Services Director or the Director's designee FEE PAYER: A person who pays or is required to pay an impact fee or the fee payer's successor in interest. GOVERNMENTAL ENTITY: Any unit of local government that is empowered by section 67- 8201 et seq., Idaho Code, to adopt an impact fee ordinance. IMPACT FEE: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development; connection or hookup charges; availability charges for drainage, sewer, water, or transportation charges for services provided directly to the development; or amounts collected from a developer in a transaction in which the City 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 section 67-8209(4), Idaho Code, for credit or reimbursement. IMPACT FEE STUDY: The documents entitled: Police Capital Improvement Plan and Impact Fee Analysis dated May 2023, and Fire and Emergency Services Capital Improvement Plan and Impact Fee Analysis dated November 2023, prepared by Zions Public Finance for the City. 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. The definition in this chapter of a manufactured home shall have no application to the definition of a production building in title 18 of this Code. MODULAR BUILDING: Is defined in section 39-4301, Idaho Code, and means any building or building component, other than a manufactured or mobile home, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. MULTI -FAMILY: A building or portion thereof, containing two (2) or more dwelling units, excluding attached single-family townhouse units located on individual lots. OWNER: The person holding legal title to real property, including the local, State or Federal government or any subdivision thereof. PERSON: An individual, corporation, governmental agency, business trust, estate, partnership, association, two (2) or more persons having a joint or common interest, or any other entity. PRESENT VALUE: The total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction or money. PROJECT: A particular development on an identified parcel of land. PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to provide service for a 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 section 67-8207, Idaho Code, and this title, which reasonably relates to the service demands and needs for public facilities of a project. PUBLIC FACILITY: A. Water supply production, treatment, storage and distribution facilities; B. Wastewater collection, treatment and disposal facilities; C. Roads, streets and bridges, including rights- of -way, traffic signals, landscaping and any local components of State or Federal highways; D. Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; and E. Public safety facilities, including law enforcement, emergency services, emergency medical and rescue and street lighting facilities. RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. SERVICE AREA: Any defined geographic area identified by a governmental entity or by intergovernmental agreement in which specific public 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 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. SUCCESSOR IN INTEREST: A person who gains legal title in real property for which an impact fee is paid or a credit is approved pursuant to the terms of this chapter. SYSTEM IMPROVEMENT COSTS: Costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable thereto, and also including, without limitation, the type of costs described in section 50-1702 (h), Idaho Code, to provide additional public facilities needed to serve new development. For clarification, system improvement costs do not include: A. Construction, acquisition or expansion of public facilities 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 to serve existing developments 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 governmental entity unless such costs are attributable to development of the capital improvements plan, as provided in section 67- 8208, Idaho Code; 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 governmental entity to finance capital improvements identified in the capital improvements plan. SYSTEM IMPROVEMENTS: In contrast to project improvements, means capital improvements to public facilities that are designed to provide service to a service area including, without limitation, the type of improvements the City has the authority to make as described in section 50-1703, Idaho Code. (Ord. 845, 2022: Ord. 783, 2019) 17.24.120: FEE SCHEDULE: This fee schedule shall be in effect February 26, 2024. Except for such impact fee as may be calculated, paid and accepted pursuant to an independent impact fee calculation study, the amount of each impact fee shall be as follows: A. Police impact fee schedule per unit: Residential: Single family residential $514.22 Multi family residential 652.18 Non-residential: General commercial per 1,000 sq. ft. 890.00 Office per 1,000 sq. ft. 40.00 Institutional per 1,000 sq. ft. 350.00 B. Emergency services impact fee per unit: Residential: Single family residential $560.10 Multi family residential 581.47 Non-residential: General commercial per 1,000 sq. ft. 600.00 Office per 1,000 sq. ft. 200.00 Institutional per 1,000 sq. ft. 30.00 On January 1, 2025, and on January 1 of each year thereafter in which an impact fee is in effect, the amount of the impact fee may be adjusted by the City Council to account for inflation increases in the cost of providing police, emergency services, and parks and recreation facilities to serve new development, utilizing the municipal cost index as published by "American Cities and County Magazine." Any such action to determine an inflation factor shall be by city council resolution. (Ord. 783, 2019) Section 2. Amended Section 17.28.010. 17.28.020.17.28.040. and 17.84.120. Sections 17.28.010, 17.28.020, 17.28.040, and 17.84.120 are amended to read as follows: 17.28.010: LEGISLATIVE FINDINGS: The City Council of the City of Chubbuck, Idaho, finds that A. Based on the City of Chubbuck Comprehensive Plan adopted by the City pursuant to title 67, chapter 65, Idaho Code, including, but not limited to, the capital improvements element of the comprehensive plan, and the general governmental goal of protecting the health, safety, and general welfare of the citizens of the City, and its Area of City Impact, it is necessary for the parks and recreation public facilities to accommodate new development within the City, and its Area of City Impact. B. New residential and nonresidential growth and development imposes and will impose increasing and excessive demands upon the public facilities. C. The revenues generated from new residential and nonresidential growth and development often does not generate sufficient funds to provide the necessary levels of service provided by these public facilities to accommodate new development. D. New development is expected to continue, and will place ever increasing demands on the City to provide and expand the public facilities to serve new development. E. The City has planned for the improvement of the public facilities in the capital improvements element of the City of Chubbuck Comprehensive Plan and in the impact fee analysis and the capital improvement plan reviewed and adopted therewith. F. The equitable impact fee system in accordance with title 67, chapter 82, Idaho Code enables the City to impose a proportionate share of the costs of needed improvements to the public facilities to accommodate new development, and assists the City in implementing the capital improvements element of the comprehensive plan. G. In order to maintain the equitable impact fee system for the public facilities, the City retained Zions Public Finance, Inc., ("Zions") to prepare an updated impact fee study for these types of facilities 5 years after adopting impact fees originally in 2019. The resulting document is titled: Parks and Trails CIP and Impact Fee Analysis dated November 2023 (the "Impact Fee Study"), and recommended for approval by the Impact Fee Advisory Committee. The studies are on file in the Office of the City Clerk of the City of Chubbuck. Any reference herein to the Impact Fee Study shall be to that study. H. The Impact Fee Study is consistent with the capital improvements element of the City of Chubbuck Comprehensive Plan, and uses the levels of service set forth in the Comprehensive Plan for these public facilities. 1. The Impact Fee Study sets forth reasonable methodologies and analyses for determining the impacts of various types of new development on the public facilities, and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such public facilities created by new development. J. The Impact Fee Study uses a calculation methodology in accordance with generally accepted accounting principles. This chapter shall not be deemed invalid because payment of an impact fee may result in an incidental benefit to others within the service area other than the fee payer. K. The impact fees described in this chapter are based on the Impact Fee Study, and do not exceed the costs of system improvements for the public facilities to serve new development that will pay the impact fees. L. The parks and recreation services included in the calculation of impact fees in the Impact Fee Study will benefit all new development throughout the City, and it is therefore appropriate to treat all areas of the City and the Area of City Impact as a single service area for purposes of calculating, collecting and spending the impact fees collected. M. There is both a rational nexus and a rough proportionality between the development impacts created by each type of development covered by this chapter and the impact fees that such development will be required to pay. N. This chapter creates a system by which impact fees paid by new development will be used to finance, defray or to provide capital improvements for the public facilities in ways that benefit the development for which impact fees were paid. 0. This chapter creates a system under which impact fees shall not be used to correct existing deficiencies in public facilities, or to replace or rehabilitate existing public facilities, or to pay for routine operation or maintenance of those public facilities. P. This chapter creates a system under which there shall be no double payment of impact fees, in accordance with Idaho Code section 67-8204(19). Q. This chapter is consistent with all applicable provisions of title 67, chapter 82, Idaho Code, concerning Impact Fee Ordinances. (Ord. 804, 2019) 17.28.020: AUTHORITY, APPLICABILITY, AND EFFECTIVE DATE: A. This chapter is enacted pursuant to the City's general police powers pursuant to the authority granted to the City by title 50, Idaho Code, and pursuant to the authority granted to the City by section 67-8201 et seq., Idaho Code. B. The provisions of this chapter shall apply to all of the territory within the limits of the City and to any unincorporated areas of the City within the City's Area of City Impact where the City has executed an intergovernmental agreement with Bannock County for purposes of collection or expenditure of impact fees pursuant to section 67-8204A, Idaho Code, and other applicable laws of the State of Idaho. C. This chapter is effective February 19, 2 0 24 ("effective date"), which effective date is more than thirty (30) days subsequent to the passage, approval and publication, according to law, of the ordinance codified herein, which adopted the provisions hereof. D. Applications for building permits received by the City prior to the effective date hereof, or amendments hereto, adopting impact fees or amending or adopting any methodology by which impact fees are calculated, will be exempt from that portion of this chapter, or amendment enacted after such building permit application, if a valid building permit has been issued or construction has commenced prior to the effective date hereof, or amendment. For building permits that expire or are revoked after the effective date hereof, the fee payer shall be entitled to a refund of previously paid fees as provided herein, provided that in the case of reapplication for building permit, the impact fee in effect at that time shall be paid. E. Notwithstanding any other provision of law, development requirements for system improvements shall be imposed by the City only by way of impact fees imposed pursuant to and in accordance with section 67-8201 et seq., Idaho Code, and this chapter. (Ord. 804, 2019) 17.28.040: DEFINITIONS: APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or other official act of a governmental entity. BUILDING PERMIT: An official document or certificate by that name issued by the City 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. CAPITAL IMPROVEMENTS ELEMENT: A component of a comprehensive plan adopted pursuant to chapter 65, title 67, Idaho Code, which component meets the requirements of a capital improvements plan pursuant to this chapter. CAPITAL IMPROVEMENTS PLAN: A plan adopted pursuant to this chapter that identifies capital improvements for which impact fees may be used as a funding source. CITY: The City of Chubbuck, Idaho. CITY COUNCIL: The Legislative Body of the City of Chubbuck, Idaho. DEVELOPER: Any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to sections 50-1301 through 50-1334, Idaho Code and this title. DEVELOPMENT: Any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for public facilities or the subdivision of property that would permit any change in the use, character or appearance of land. As used in this chapter, "development" shall not include activities that would otherwise be subject to payment of the development impact fee if such activities are undertaken by a taxing district, as defined in section 63-201, Idaho Code, in the course of carrying out the taxing district's public responsibilities, unless the adopted Impact Fee Ordinance expressly includes taxing districts as being subject to development impact fees. DEVELOPMENT APPROVAL: Any written authorization from a governmental entity which authorizes the commencement of a development. DEVELOPMENT IMPACT FEE: See definition of impact fee. DEVELOPMENT REQUIREMENT: A requirement attached to a development approval or other governmental action approving or authorizing a particular development including, without limitation, a rezoning, which development requirement compels the payment, dedication or contribution of goods, services, land and/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 a multi -family building, a mobile home, a manufactured home, a modular building and/or a motel/hotel/rooming house. EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact. EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City to: result in the need for system improvements, the cost of which will significantly exceed the sum of the impact fees to be generated from the project; or the sum agreed to be paid pursuant to a development agreement as allowed by section 67-8214(2), Idaho Code, or result in the need for system improvements that are not identified in the capital improvements plan. FEE ADMINISTRATOR: The Community Services Director or the Director's designee. FEE PAYER: A person who pays or is required to pay an impact fee or the fee payer's successor in interest. GOVERNMENTAL ENTITY: Any unit of local government that is empowered by section 67- 8201 et seq., Idaho Code, to adopt an Impact Fee Ordinance. IMPACT FEE: A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. The term does not include a charge or fee to pay the administrative, plan review or inspection costs associated with permits required for development; connection or hookup charges; availability charges for drainage, sewer, water, or transportation charges for services provided directly to the development; or amounts collected from a developer in a transaction in which the City 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 section 67-8209(3), Idaho Code, for credit or reimbursement. IMPACT FEE STUDY: The document entitled Parks and Trails CIP and Impact Fee Analysis dated November 2023. 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. The definition in this chapter of a manufactured home shall have no application to the definition of a production building in title 18 of this Code. MODULAR BUILDING: Is defined in section 39-4301, Idaho Code, and means any building or building component, other than a manufactured or mobile home, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. Section 67-8203 (19), Idaho Code. MULTI -FAMILY: A building or portion thereof, containing two (2) or more dwelling units, excluding attached single-family townhouse units located on individual lots. OWNER: The person holding legal title to real property, including the local, State or Federal government or any subdivision thereof. PERSON: An individual, corporation, governmental agency, business trust, estate, partnership, association, two (2) or more persons having a joint or common interest, or any other entity. PRESENT VALUE: The total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction or money. PROJECT: A particular development on an identified parcel of land. PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to provide service for a 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 section 67-8207, Idaho Code, and this title, which reasonably relates to the service demands and needs for public facilities of a project. PUBLIC FACILITY: A. Water supply production, treatment, storage and distribution facilities; B. Wastewater collection, treatment and disposal facilities; C. Roads, streets and bridges, including rights- of -way, traffic signals, landscaping and any local components of State or Federal highways; D. Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; E. Parks, open space and recreation areas, and related capital improvements; and F. Public safety facilities, including law enforcement, emergency services, emergency medical and rescue and street lighting facilities. RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. SERVICE AREA: Any defined geographic area identified by a governmental entity or by intergovernmental agreement in which specific public 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 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. SUCCESSOR IN INTEREST: A person who gains legal title in real property for which an impact fee is paid or a credit is approved pursuant to the terms of this chapter. SYSTEM IMPROVEMENT COSTS: Costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable thereto, and also including, without limitation, the type of costs described in section 50-1702 (h), Idaho Code, to provide additional public facilities needed to serve new development. For clarification, system improvement costs do not include: A. Construction, acquisition or expansion of public facilities 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 to serve existing developments 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 governmental entity unless such costs are attributable to development of the capital improvements plan, as provided in section 67- 8208, Idaho Code; 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 governmental entity to finance capital improvements identified in the capital improvements plan. SYSTEM IMPROVEMENTS: In contrast to project improvements, means capital improvements to public facilities that are designed to provide service to a service area including, without limitation, the type of improvements the City has the authority to make as described in section 50-1703, Idaho Code. (Ord. 845, 2022: Ord. 804, 2019) 17.28.120: FEE SCHEDULE: This fee schedule shall be in effect February 19, 2024. Except for such impact fee as may be calculated, paid and accepted pursuant to an independent impact fee calculation study, the amount of each impact fee shall be as follows: Parks and recreation impact fee per household: Single family residential $1,657.17 Multi family residential 1,342.88 On January 1, 2025, and on January 1 of each year thereafter in which an impact fee is in effect, the amount of the impact fee may be adjusted by the City Council to account for inflation increases in the cost of providing parks and recreation facilities to serve new development utilizing the Municipal Cost Index as published by "American Cities and County Magazine". Any such action to determine an inflation factor shall be by City Council resolution. (Ord. 804, 2019) ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective February 26, 2024 which is upon its passage, approval and publication. PASSED BY THE COUWIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 42L! day of ny,-cx6trV 12024. Kevin B. England, R ATTEST: ey Bwers, CITY CLERK