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0783 Police & Emergency Services Impact FeeCITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING CHAPTER 17.28 "POLICE AND EMERGENCY SERVICES IMPACT FEE" TO PROVIDE AN IMPACT FEE UPON NEW DEVELOPMENT EFFECTIVE MARCH 26, 2019 PROVIDING NEW DEVELOPMENT SHALL PAY IMPACT FEES TO BE APPLIED TOWARDS POLICE AND EMERGENCY SERVICES; PROVIDING FOR THE ADMINISTRATION OF SAID IMPACT FEES AND PERIODIC ADJUSTMENT THEREOF; ADOPTING THE CAPITAL IMPROVEMENTS PLANS DATED SEPTEMBER 1, 2018 FOR THE POLICE AND EMERGENCY SERVICES DEPARTMENTS; 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. Adoption of Title 17, Chapter 24, "Police and Emergency Services Impact Fee". The following is adopted effective March 26, 2019: 17.24.100 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. ORDINANCE - Page 1. chubbuck 021119 polic & emergency sry imp fee ord.wpd (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 would enable the city to impose a proportionate share of the costs of needed improvements to the public facilities to accommodate new development, and would assist the city in implementing the capital improvements element of the comprehensive plan. (G) In order to implement an equitable impact fee system for the public facilities, the city retained Zions Public Finance, Inc. ("Zions") to prepare an impact fee studies for these types of facilities. The resulting documents are titled: Police Capital Improvement Plan and Impact Fee Analysis, and Emergency Services Capital Improvement Plan and Impact Fee Analysis, and all dated September, 2018 (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. 1. Police level of service from page 2 of the Police Impact Fee Study is .4599 calls per capita for 2016 with an estimated number of calls per capita at build out to be .4574. 2. Emergency Services level of service from page 3 of the Emergency Services Impact Fee Study is .0762 calls per capita for 2016 with an estimate number of calls per capita at build out to be .0647. (I) 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. ORDINANCE - Page 2. chubbuck 021119 polic & emergency sry imp fee ord.wpd (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 § 67-8204(19). (Q) This chapter is consistent with all applicable provisions of title 67, chapter 82, Idaho Code, concerning impact fee ordinances. 17.24.200: 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 § 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 § 67-8204A, Idaho Code, and other applicable laws of the state of Idaho. (C) This chapter is effective March 26, 2019 ("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. ORDINANCE - Page 3. chubbuck 021119 polic & emergency sry imp fee ord.wpd (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 § 67-8201 et seq., Idaho Code, and this chapter. 17.24.300: INTENT: (A) The intent of this chapter is to promote the health, safety and general welfare of the residents of the city and its area of city impact. (B) The intent of this chapter is to be consistent with those principles for allocating a fair share of the cost of capital improvements to public facilities to serve new development in compliance with the provisions set forth in § 67-8201 et seq., Idaho Code. The provisions of this chapter shall be interpreted, construed and enforced in accordance with the provisions set forth in § 67-8201 et seq., Idaho Code. (C) The intent of this chapter is that impact fees should be charged, collected, and expended for police and emergency services capital improvements to increase the service capacity of such categories of public facilities, which capital improvements are included in approved capital improvements plans that list the capital improvements that may be funded with impact fees. (D) The intent of this chapter is to ensure that: 1. public facilities are available to serve new development; 2. new development bears a proportionate share of the cost of police and emergency services capital improvements to such public facilities; 3. such proportionate share does not exceed the cost of the capital improvements to such public facilities required to serve new development; and 4. the funds collected from new development are used for capital improvements for public facilities that benefit new development. (E) It is not the intent of this chapter to collect any monies from new development in excess of the actual amount necessary to offset new demands for capital improvements to public ORDINANCE - Page 4. chubbuck 021119 polic & emergency sry imp fee ord.wpd facilities created by such new development. (F) It is not the intent of this chapter that the impact fees be used to remedy any deficiency in police and emergency services capital improvements existing on the effective date hereof, or ever be used to replace, rehabilitate, maintain and/or operate any public facilities. (G) It is not the intent of this chapter that any monies collected from an impact fee deposited in an impact fee fund ever be commingled with monies from a different fund, or ever be used for capital improvements that are different from those for which the impact fee was paid. (H) It is not the intent of this chapter that impact fees be used for: 1. Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plan. 2. Repair, operation or maintenance of existing or new capital improvements. 3. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards. 4. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development to provide better service to existing development. 5. Administrative and operating costs of the city unless such costs are attributable to development of the capital improvements plan used to determine impact fees by a surcharge imposed by ordinance on the collection of an impact fee, which surcharge shall not exceed a development's proportionate share of the cost of preparing the capital improvements plan. 6. 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. 17.24.400: DEFINITIONS: 401. APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or other official act of a governmental entity. 402. BUILDING PERMIT: An official document or certificate by that name issued by the city authorizing the construction or siting of any building. 403. CAPITAL IMPROVEMENTS: Improvements with a useful life of ten (10) years or ORDINANCE - Page 5. chubbuck 021119 polic & emergency sry imp fee ord.wpd more, by new construction or other action, which increase the service capacity of a public facility. 404. 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. 405. 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. 406. CITY: The city of Chubbuck, Idaho. 407. CITY COUNCIL: The legislative body of the city of Chubbuck, Idaho. 408. DEVELOPER: Any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to §s 50-1301 through 50-1334, Idaho Code and this title. 409. 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 § 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. 410. DEVELOPMENT APPROVAL: Any written authorization from a governmental entity which authorizes the commencement of a development. 411. DEVELOPMENT IMPACT FEE: See definition of Impact Fee. 412. 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. 413. 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. ORDINANCE - Page 6. chubbuck 021119 polic & emergency sry imp fee ord.wpd 414. EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact. 415. 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 § 67-8214(2), Idaho Code, or result in the need for system improvements that are not identified in the capital improvements plan. 416. FEE ADMINISTRATOR: The Public Works Director or the Director's designee. 417. FEE PAYER: A person who pays or is required to pay an impact fee or the fee payer's successor in interest. 418. GOVERNMENTAL ENTITY: Any unit of local government that is empowered by § 67-8201 et seq., Idaho Code, to adopt an impact fee ordinance. 419. 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 § 67-8209(3), Idaho Code, for credit or reimbursement. 420. IMPACT FEE STUDY: The documents entitled: Police Capital Improvement Plan and Impact Fee Analysis, and Emergency Services Capital Improvement Plan and Impact Fee Analysis dated September, 2018, prepared by Zions Public Finance for the city. 421. 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. 422. LEVEL OF SERVICE: A measure of the relationship between service capacity and service demand for public facilities. 423. MANUFACTURED HOME: A structure, constructed according to HUD/FHA ORDINANCE - Page 7. chubbuck 021119 polic & emergency sry imp fee ord.wpd 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. 423. MODULAR BUILDING: Is defined in § 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. § 67-8203(19), Idaho Code. 424. MULTI -FAMILY: A building or portion thereof, containing two (2) or more dwelling units, excluding attached single-family townhouse units located on individual lots. 425. OWNER: The person holding legal title to real property, including the local, state or federal government or any subdivision thereof. 426. 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. 427. PRESENT VALUE: The total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction or money. 428. PROJECT: A particular development on an identified parcel of land. 429. 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. 430. PROPORTIONATE SHARE: That portion of the cost of system improvements determined pursuant to § 67-8207, Idaho Code, and this title, which reasonably relates to the service demands and needs for public facilities of a project. 431. PUBLIC FACILITY: (A) Water supply production, treatment, storage and distribution facilities; ORDINANCE - Page 8. chubbuck 021119 polic & emergency sry imp fee ord.wpd (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. 432. 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. 433. 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. 434. 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. 435. 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. 436. 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 § 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; ORDINANCE - Page 9. chubbuck 021119 polic & emergency sry imp fee ord.wpd (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 § 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. 437. 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 § 50-1703, Idaho Code 17.24.500: IMPOSITION AND COMPUTATION OF IMPACT FEES: (A) Any application for a building permit enabling the construction, and in the case of construction that does not require a building permit, any building that takes place on or after the effective date hereof shall be subject to the imposition of impact fees in the manner and amount set forth in this chapter. The methodology adopted for the purpose of determining police, emergency services, and parks and recreation impact fees shall be based upon the assumptions set forth in the Impact Fee Study for that respective service. (B) Impact fees shall be required as a condition of approval of all residential and nonresidential development in the service area for which a building permit is required and shall be payable prior to the issuance of any building permit (or installation permit in the case of a manufactured home) for a dwelling unit or a nonresidential building. Except as otherwise provided herein, after the effective date hereof, no building permit shall be issued until the impact fees described in this chapter have been paid, unless the development for which the permit is sought is exempted by § 17.24.800 of this chapter or approved credits are used to cover the impact fee, as set forth in § 17.24.900 of this chapter. The fee administrator shall have the authority to withhold a building permit, stop construction, withhold utility services or impose liens as the case may be, until the appropriate impact fee has been collected. (C) After payment of the development impact fees or execution of an agreement for payment of development impact fees, additional development 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. ORDINANCE - Page 10. chubbuck 021119 polic & emergency sry imp fee ord.wpd (D) A fee payer required by this chapter to pay an impact fee may choose to have the amount of such impact fee determined pursuant to either the fee schedule (whereupon such payment shall be recognized as full and complete payment of the development's proportionate share of system improvement costs, except as provided in Idaho Code § 67-8214(3)) or subsections (E) through (G) of this section. If the fee payer chooses to have the amount of such impact fee determined pursuant to subsections (E) through (G) of this section, such impact fee shall be subject to the adjustment described in section 17.24.900 of this chapter, if applicable. If the project is a mix of those uses listed on the fee schedule, then the impact fees shall be determined by adding up the impact fees that would be payable for each use as if it were a freestanding use pursuant to the fee schedule. (E) Individual assessment of impact fees is permitted in situations where the fee payer can demonstrate by clear and convincing evidence that the established impact fee is inappropriate for the project. Written application for individual assessment shall be made to the fee administrator at any time prior to receiving building permit(s). Late applications for individual assessment of impact fees may be considered for a period of sixty (60) days after the receipt of a 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 a building permit and that undue hardship would result if said application is not considered. Such independent impact fee calculation study for the fee payer's development shall be prepared at the fee payer's cost by a qualified professional and contain studies, data and other relevant information and be submitted to the fee administrator for review. Any such study shall be based on the same methodology and the same level of service standards, improvements and costs used in the Impact Fee Study, and must document the methodologies and assumptions used. The city may hire a professional consultant to review any independent impact fee calculation study on behalf of the city, and may charge the reasonable costs of such review to the fee payer. (F) Any independent impact fee calculation study submitted by a fee payer may be accepted, rejected or accepted with modifications by the city as the basis for calculating impact fees. The city shall not be required to accept any study or documentation the city reasonably deems to be inaccurate or unreliable, and shall have the authority to request that the fee payer submit additional or different documentation for consideration in connection with review of any independent impact fee calculation. If such additional or different documentation is accepted or accepted with modifications as a more accurate measure of the impact fees due in connection with fee payer's proposed development than the applicable impact fees set forth in the fee schedule, then the impact fee due under this chapter shall be calculated according to such documentation. (G) The fee administrator shall render a written decision establishing the impact fees in connection with the individual assessment within thirty (30) days of the date a complete application is submitted. The decision shall include an explanation of the calculation of the impact fees, shall specify the system improvement(s) for which the impact fees are intended to be used, and shall include an explanation of the following factors considered: ORDINANCE - Page 11. chubbuck 021119 polic & emergency sry imp fee ord.wpd 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 a 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; 4. All other available sources of funding such system improvements; 5. The cost of existing system improvements within the service area; 6. The means by which existing system improvements have been financed; 7. The extent to which the new development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions; The extent to which the new development is required to contribute to the cost of existing system improvements in the future; 9. The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area; 10. Extraordinary costs, if any, incurred in serving the new development; 11. The time and price differential inherent in a fair comparison of impact fees paid at different times; and 12. The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation. The city shall develop a plan for alternative sources of revenue. (H) Certification of the impact fee for a project maybe applied for in the following manner: Written application may be made to the fee administrator not later than sixty (60) days after development approval by the city council. Late applications for certification of the impact fee 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. ORDINANCE - Page 12. chubbuck 021119 polic & emergency sry imp fee ord.wpd 2. The fee administrator shall provide the fee payer with a written impact fee certification for the project within thirty (30) days of the date a complete application is submitted. The certification provided by the fee administrator shall establish the impact fee for the project in question so long as there is no material change to the project as identified in the certification application or the impact fee schedule. The certification shall include an explanation of the calculation of the impact fees, shall specify the system improvement(s) for which the impact fees are intended to be used, and shall include an explanation of the factors considered, which factors are identified in subsection (G) of this section. (I) Appeals of the fee administrator's determination of an individual assessment or certification shall be made to the city as provided further in this chapter. (J) The city recognizes that there may be circumstances where the anticipated fiscal impacts of a proposed development are of such magnitude that the city may be unable to accommodate the development without excessive or unscheduled public expenditures that exceed the amount of the anticipated impact fees from such development. If the city determines that a proposed development would create such an extraordinary impact on the city's police and emergency services, the city may refuse to approve the proposed development. In the alternative, the city may calculate a pro rata share per dwelling unit, or square feet of nonresidential buildings, of the extraordinary impact and charge a reasonable extraordinary impact fee that is greater than would ordinarily be charged. (K) If the city discovers an error in its impact fee formula that results in assessment or payment of more than a proportionate share, the city shall, at the time of assessment on a case by case basis, adjust the impact fee to collect no more than a proportionate share or discontinue the collection of any impact fees until the error is corrected by ordinance. 17.24.600: PAYMENT OF IMPACT FEES: (A) After the effective date hereof all fee payers shall pay the impact fees as provided by this chapter to the fee administrator following application for a building permit and prior to the issuance of any building permit for a dwelling unit, or nonresidential building. (B) All impact fees paid by a fee payer pursuant to this chapter shall be promptly deposited in the impact fee fund described in section 17.24.700 of this chapter. (C) If a fee payer fails to pay the impact fee when required and due, the city may (1) Charge interest on the amount of the fee from the due date until the date paid at the rate provided in Idaho Code § 28-22-104; ORDINANCE - Page 13. chubbuck 021119 polic & emergency sry imp fee ord.wpd (2) Withhold of the building permit or other governmental approval until the development impact fee is paid; (3) Withhold the providing of utility services until the development impact fee is paid; and/or (4) Impose and file a lien against the property subject to the impact fee following procedures contained in chapter 5, title 45, Idaho Code. 17.24.700: IMPACT FEE FUNDS; REFUNDS OF IMPACT FEES PAID: (A) There is hereby established a police impact fee fund into which shall be deposited all police impact fees for the purpose of ensuring police impact fees collected pursuant hereto are designated for the accommodation of police capital improvements reasonably necessary to serve new development that paid the impact fee. (B) There is hereby established a emergency services impact fee fund into which shall be deposited all emergency services impact fees for the purpose of ensuring emergency services impact fees collected pursuant hereto are designated for the accommodation of emergency services capital improvements reasonably necessary to serve new development that paid the impact fee. (C) Each fund shall be an interest bearing account which shall be accounted for separately from other impact fee funds and from other city funds. Any interest or other income earned on monies deposited in a fund shall be credited to such fund. Expenditures of impact fees shall be made only for the category of system improvements for which the impact fees were collected and as identified in the capital improvements plan. (D) Except as otherwise provided herein, monies from each fund, including any accrued interest, shall be limited to the financing of acquisition, expansion, and/or improvement of capital improvements, or for principal and interest payments on bonds or other borrowed revenues used to acquire, expand or improve such capital improvements, necessary to serve new development. Impact fees in each fund shall be spent within eight (8) years from the date such impact fees were collected on a first in/first out (FIFO) basis. The city may hold the impact fees longer than the prescribed time period if the city identifies, in writing: 1) a reasonable cause why the impact fees should be held longer; and 2) an anticipated date by which the impact fees will be expended but in no event longer than eleven (11) years from the date the impact fees were collected. (E) The fee administrator shall prepare annual reports to be provided to the advisory committee and the city council, which reports shall: 1) describe the amount of all impact fees collected, appropriated or spent for system improvements during the preceding year, as applicable, by category of public facility and service area; and 2) describe the percentage of tax and revenues ORDINANCE - Page 14. chubbuck 021119 polic & emergency sry imp fee ord.wpd other than impact fees collected, appropriated or spent for system improvements during the preceding year, as applicable, by category of public facility and service area. (F) Funds shall be deemed expended when payment of such funds has been approved by the city. The fee payer or successor in interest shall be entitled to a refund of the impact fee if: 1) service is available but never provided; 2) a building permit or permit for installation of a manufactured home is revoked or abandoned; 3) the city, after collecting the impact fee when service is not available, has failed to appropriate and expend the collected impact fees; or 4) the fee payer pays an impact fee under protest and a subsequent review of the impact fee paid or the completion of an individual assessment determines that the impact fee paid exceeded the proportionate share to which the city was entitled to receive. (G) When the right to a refund exists, within ninety (90) days after the city determines that a refund is due, the city shall provide written notice of entitlement to a refund, to the owner of record and the fee payer who paid the impact fees at the address shown on the application for development approval, or to a successor in interest who has notified the city of a transfer of the right or entitlement to a refund and who has provided to the city a mailing address. When the right to a refund exists, the city shall also publish the notice of entitlement to a refund within thirty (30) days after the expiration of the eight (8) year period after the date that the impact fees were collected. Such published notice shall contain the heading "Notice of Entitlement to Impact Fee Refund". (H) A refund shall include interest at one-half (%2) the legal rate provided for in § 28-22-104, Idaho Code, from the date on which the impact fee was originally paid. (1) In order to be eligible for a refund, a fee payer, successor in interest or owner of record shall file a written application for a refund with the fee administrator within six (6) months of the time such refund becomes payable under this Chapter, or within six (6) months of publication of the notice of entitlement to a refund, whichever is later. If a successor in interest claims a refund of impact fees, the fee administrator may require written documentation that such rights have been transferred to the claimant prior to issuing the requested refund. Refunds shall be paid within sixty (60) days after the date on which the fee administrator determines that a sufficient proof of claim for a refund has been made. (K) Any person entitled to a refund shall have standing to sue for a refund under the provisions of this chapter if there has not been a timely payment of a refund as provided herein. 17.24.800: EXEMPTIONS FROM IMPACT FEES: (A) The following types of land development shall be exempted from payment of the impact fees imposed by this chapter: ORDINANCE - Page 15. chubbuck 021119 polic & emergency sry imp fee ord.wpd 1. Rebuilding the same amount of square feet of a dwelling unit or nonresidential structure that was destroyed by fire or other catastrophe, provided that the structure is rebuilt and ready for occupancy within two (2) years of its destruction. 2. Construction of an unoccupied, detached accessory structure, or addition of uses related to a dwelling unit unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements. 3. Remodeling or repairing a dwelling unit or a nonresidential structure in a manner that does not increase the number of service units. 4. Replacing a dwelling unit with another dwelling unit on the same lot, provided that the number of service units does not increase. Placing a temporary construction trailer or office on a lot. 6. Constructing an addition on a residential structure which does not increase the number of service units. 7. Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements. (B) An impact fee will be assessed for installation of a modular building, manufactured home or recreational vehicle unless the fee payer can demonstrate by documentation such as utility bills and tax records, either: 1) that a modular building, manufactured home or recreational vehicle was legally in place on the lot or space prior to the effective date hereof, or 2) that an impact fee has been paid previously for the installation of a modular building, manufactured home or recreational vehicle on that same lot or space. Lawful storage of a recreational vehicle shall not be deemed installation for purposes of this chapter. 17.24.900: CREDITS; REIMBURSEMENTS: (A) No fee payer shall be required to construct, fund or contribute any capital improvement to meet the same need for police and emergency services improvements for which an impact fee is imposed. All system improvements constructed, funded or contributed over and above the proportionate share of system improvement costs, including such system improvements paid for pursuant to a local improvement district, shall result in either a credit on future impact fees or reimbursement (at the fee payer's option) for such excess construction, funding or contribution to be paid from impact fees paid by future development that benefits from such system improvements constructed, funded or contributed by the fee payer. However, no credit or reimbursement shall be provided for: 1) project improvements; 2) any construction, funding or ORDINANCE - Page 16. chubbuck 021119 polic & emergency sry imp fee ord.wpd contribution not agreed to in writing by the city prior to commencement of such construction, funding or contribution; and 3) any construction, funding or contribution of a type of capital improvements not included in the calculation of the applicable impact fee. (B) In the calculation of impact fees for a project pursuant to subsections 17.24.500 (E) through (G) of this chapter, credit shall be given for the present value of all tax and user fee revenue generated by the fee payer within the service area and used by the city for system improvements of the category for which the impact fee is being collected. If the amount of such credit exceeds the impact fee for a project, the fee payer shall "receive a credit on future impact fees. The credit may be applied by the fee payer as an offset against future impact fees only in the service area where the credit was generated. (C) In the calculation of impact fees for a project, credit or reimbursement (at the fee payer's option) shall be given for the present value of any construction of system improvements or contribution of land or money required by the city from the developer for system improvements of the category for which the impact fee is being collected, including system improvements paid for through local improvement district assessments. (D) If credit or reimbursement is due to the fee payer, the city and fee payer shall enter into a written agreement, negotiated in good faith, prior to the construction, funding or contribution. The written agreement shall include, without limitation: a description of the construction, funding or contribution of system improvements including, in the case of real property, a legal description of the real property, description as to how the system improvements are to be valued; the amount of the credit or the amount, time and form of reimbursement; instructions as to how the capital improvements should be provided to the city to ensure full transfer of ownership; and the circumstances under which the credit or reimbursement is deemed effective. To assist in such reimbursement, the city shall continue to collect impact fees from other developers whose proposed developments will benefit from such construction, funding or contribution, and will promptly transfer such funds to the fee payer. If a successor in interest claims a reimbursement or credit, the fee administrator may require written documentation that such rights have been conveyed to the claimant prior to issuing the requested reimbursement or credit. (E) Approved credits may be used to reduce the amount of impact fees of the category for which the impact fee is being collected in connection with any new development until the amount of the credit is exhausted. Each time a request to use approved credits is presented to the city, the city shall reduce the amount of the applicable impact fee otherwise due from the fee payer and shall note in the city records the amount of credit remaining, if any. Upon request of the fee payer, the city shall issue a letter stating the amount of credit available. If the credit has not been exhausted within eight (8) years of the date of issuance of the first building permit for which an impact fee was due and payable, or within such other time period as may be designated in writing by the city, such credit shall lapse, unless a refund of the remaining credit is applied for as set forth in subsection 17.24.700 (J) of this chapter. ORDINANCE - Page 17. chubbuck 021119 polic & emergency sry imp fee ord.wpd (F) Approved credits or reimbursement shall only be used to reduce the amount of the impact fee of the category for which the impact fee is otherwise due, and shall not be paid to the fee payer in cash or in credits against any other monies due from the fee payer to the city. (G) Credit for land dedications shall, at the fee payer's option, be valued at: 1) one hundred percent (100%) of the most recent assessed value for such land as shown in the records of the Bannock County assessor; or 2) fair market value established by a private appraiser reasonably acceptable to the city in an appraisal paid for by the fee payer. Credit for contribution or construction of system improvements shall be valued by the city based on complete engineering drawings, specifications, and construction cost estimates submitted by the fee payer to the city, which estimates shall be revised as actual costs become available. The city shall determine the amount of credit due based on the information submitted, or, if the city determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs reasonably acceptable to the city as a more accurate measure of the value of the offered system improvements to the city. (H) Approved credits for land dedications shall become effective when the land has been conveyed to the city in a form reasonably acceptable to the city at no cost to the city, and has been accepted by the city. Approved credits for contribution or construction of system improvements shall generally become effective when: 1) all required construction has been completed and has been accepted by the city; and 2) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable requirements of the city. Approved credits for the construction of system improvements may become effective at an earlier date if the fee payer posts security in the form of a performance bond, irrevocable letter of credit or escrow agreement in the amount and under terms reasonably acceptable to the city. (1) Credit may only be transferred by a fee payer that has received credit to such fee payer's successor in interest. The credit may be used only to offset impact fees for the same category for which the credit was issued. Credits shall be transferred by any written instrument clearly identifying which credits are being transferred, the dollar amount of the credit being transferred, and the system improvements for which the credit was issued. The instrument of transfer shall be signed by both the transferor and transferee, and a copy of the document shall be delivered to the fee administrator for documentation of the transfer before the transfer shall be deemed effective. 17.24.1000: APPEALS: The decisions of the fee administrator may be appealed as provided below: (A) Any fee payer who is or may be obligated to pay an impact fee, may appeal a decision made by the fee administrator in applying this chapter to the city council. Such decisions that may be appealed include: ORDINANCE - Page 18. chubbuck 021119 polic & emergency sry imp fee ord.wpd I . The applicability of an impact fee to the development. 2. The amount of an impact fee to be paid for the development. 3. The availability, amount or application of any credit. 4. The amount of any refund, reimbursement or credit. 5. Any discretionary action or inaction by or on behalf of the city. A fee payer may pay an impact fee under protest in order to obtain a development approval or building permit(s) and, by paying such impact fee, shall not be estopped from exercising the right of appeal provided herein, nor shall the fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected. Upon final disposition of an appeal, the impact fee shall be adjusted in accordance with the decision rendered and, if necessary, a refund paid. (B) In order to pursue an appeal, the fee payer shall file a written notice of appeal with the city clerk with a copy to the fee administrator within fifteen (15) days after the date of the decision being appealed, or the date on which the fee payer submitted a payment of impact fees under protest, whichever is later. Such written application shall include a statement describing why the appellant believes that the decision was in error, together with copies of any documents that the appellant believes supports the claim. (C) The city clerk shall notify the fee payer of the hearing date on the appeal, which notice shall be given no less than fifteen (15) days prior to the date of the hearing, and shall hear the appeal within thirty (30) days after receipt of a written notice of appeal. The appellant shall have a right to be present and to present evidence in support of the appeal. The fee administrator shall likewise have the right to be present and to present evidence in support of the decision. The burden of proof in any such hearing shall be on the fee payer to demonstrate that the amount of the impact fee, credit, reimbursement or refund was not properly calculated by the city. (D) The criteria to be used by the city council in evaluating the appeal shall be whether: 1) the decision or interpretation made by the fee administrator; or 2) the alternative decision or interpretation offered by the appellant, more accurately reflects the intent of this chapter that new development in the city pay its proportionate share of the costs of system improvements for public facilities necessary to serve new development. The city council may affirm, reject or revise the decision of the fee administrator, providing written findings of fact and conclusions, within fifteen (15) days after hearing the appeal. The city council shall modify the amount of the impact fee, credit, refund or reimbursement only if there is ORDINANCE - Page 19. chubbuck 021119 polic & emergency sry imp fee ord.wpd substantial evidence in the record that the fee administrator erred, based upon the methodologies contained in the Impact Fee Study, this chapter and/or the capital improvements plan. The decision of the city council shall be final. (E) Upon voluntary agreement by the fee payer and the city, the fee payer and the city may enter into mediation with a qualified independent party to address a disagreement related to the impact fee for proposed development. Costs for the independent mediation service shall be shared equally by the fee payer and the city. Mediation may take place at any time during an appeals process and participation in mediation does not preclude the fee payer from pursuing other remedies. 17.24.1100: MISCELLANEOUS PROVISIONS: (A) As used in this chapter, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates; the word shall, will or must is always mandatory; the word may is permissive; and the word should indicates that which is recommended, but not required. (B) 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. (C) Nothing in this chapter shall limit or modify the rights of any person to complete any development for which a lawful building permit was issued prior to the effective date hereof. (D) Nothing in this chapter shall prevent the city from requiring a developer to construct reasonable project improvements in conjunction with a project. (E) Nothing in this chapter shall limit the ability of the city to enter into inter- governmental agreements as provided in § 67-8204A, Idaho Code. (F) Nothing in this chapter shall obligate the city to approve any development request that may reasonably be expected to reduce levels of service below minimum acceptable levels established in the development Impact Fee Study. (G) Nothing in this chapter shall obligate the city to approve development which results in extraordinary impact. (H) Notwithstanding any agreement by the fee payer to pay the proportionate share of system improvement costs documented by the supplemental study, nothing in this chapter shall obligate the city to approve development that results in an extraordinary impact. (I) Nothing in this chapter shall work to limit the use by the city of the power of eminent ORDINANCE - Page 20. chubbuck 021119 polic & emergency sry imp fee ord.wpd domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues. (J) A development impact fee shall not exceed a proportionate share of the cost of system improvements determined in accordance with § 67-8207, Idaho Code. Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs. (K) Nothing in this chapter shall be construed to prevent or prohibit private agreements between developers, the city, the Idaho transportation department, and/or other governmental entities in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer or fee payer, including interproject transfers of credits, or providing for reimbursement for project improvements that are used or shared by more than one development project. If it can be shown that a proposed development has a direct impact on a public facility under the jurisdiction of the Idaho transportation department, then the agreement shall include a provision for the allocation of development impact fees collected from the developer or fee payer for the improvement of the public facility by the Idaho transportation department. (L) Nothing in this chapter shall restrict or diminish the power of the city: 1) to impose reasonable conditions on the annexation of any property to the city in accordance with Idaho Code, including conditions for recovery of project or system improvement costs required as a result of such voluntary annexation, or 2) to negotiate and execute development agreements that may impose additional conditions on development, including the recovery of project or system improvement costs, either in connection with a proposed annexation or in connection with any other development within the city. (M) The impact fees described in this chapter, and the administrative procedures of this chapter shall be reviewed at least once every five (5) years to ensure that: 1) the demand and cost assumptions and other assumptions underlying such impact fees are still valid; 2) the resulting impact fees do not exceed the actual costs of providing police and/or emergency services system improvements required to serve new development; 3) the monies collected in any impact fee fund have been and are expected to be spent for system improvements of the type for which such impact fees were paid; and 4) such system improvements will benefit those developments for which the impact fees were paid. (N) Violation of this chapter shall be subject to those remedies provided in this code. Knowingly furnishing false information to any official of the city charged with the administration ORDINANCE - Page 21. chubbuck 021119 polic & emergency sry imp fee ord.wpd of this chapter on any matter relating to the administration of this chapter including, without limitation, the furnishing of false information regarding the expected size or use of a proposed development, shall be a violation of this chapter. (0) The captions used in this chapter are for convenience only and shall not affect the interpretation of any portion of the text of this chapter. (P) The respective capital improvement plans for Police, Emergency Services and Parks and Recreation as set forth in the respective: Police Capital Improvement Plan and Impact Fee Analysis, and Emergency Services Capital Improvement Plan and Impact Fee Analysis both dated September, 2018 are hereby adopted and accepted as the capital improvement plan for the respective department set forth in the Plan for that department. 17.24.1200: FEE SCHEDULE: This fee schedule shall be in effect March 26, 2019. Except for such impact fee as maybe calculated, paid and accepted pursuant to an independent impact fee calculation study, the amount of each impact fee shall be as follows: Police impact fee schedule per unit: Residential: Single Family Residential $ 231.56 Multi Family Residential 154.86 Non -Residential General Commercial per 1,000 sq. ft. $ 371.61 Office per 1,000 sq. ft. 47.72 Institutional per 1,000 sq. ft. 67.92 Emergency Services Impact Fee per unit: Residential: Single Family Residential $ 274.01 Multi Family Residential 243.45 Non -Residential General Commercial per 1,000 sq. ft. $ 308.13 Office per 1,000 sq. ft. 145.41 ORDINANCE - Page 22. chubbuck 021119 polic & emergency sry imp fee ord.wpd Institutional per 1,000 sq. ft. 43.73 On January 1, 2020, and on January 1 of each year thereafter in which an impact fee is in effect, the amount of the impact fee shall be automatically adjusted 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". Nothing herein shall prevent the city from electing to maintain a then existing police, emergency services, and parks and recreation impact fee or from electing to waive the inflation adjustment for any given fiscal year, or years. Any such action to determine an inflation factor shall be by city council resolution. 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 upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this Z-1' day of 1, �,,. r , 2019. Kevin B. England, M ATTEST: Richard Morgan, CIT CLERK ORDINANCE - Page 23. chubbuck 021119 polic & emergency sry imp fee ord.wpd SUMMARY OF ORDINANCE NO. 2J 3 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, Adopting Chapter 17.28 "Police and Emergency Services Impact Fee" to Provide an Impact Fee upon New Development Effective March 26, 2019; Providing New Development Shall Pay Impact Fees to Be Applied Towards Police and Emergency Services; Providing a Schedule for said Impact Fees; Providing for the Administration of Said Impact Fees and Periodic Adjustment Thereof, Adopting the Capital Improvements Plans Dated September 1, 2018 for the Police and Emergency Services Departments; providing for the repeal of conflicting ordinances; providing for the severability of the provisions of this ordinance; providing when this ordinance shall be in effect. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 7 83 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this Z d day of �Q� - , 2019. SUMMARY OF ORDINANCE - Page 1. chubbuck 021119 sum pol & em sry ord.wpd