Kimberly City Zoning Code
CHAPTER 17
19 ROCK CREEK RURAL FIRE PROTECTION DISTRICT SCHEDULE OF DEVELOPMENT IMPACT FEES, AND ASSESSMENT CRITERIA
17.19.010: LEGISLATIVE FINDINGS:
The City of Kimberly and Rock Creek Rural Fire Protection District as located at 1559 Main St. North, Kimberly, Idaho, finds that:
A. Based on the city of Kimberly comprehensive plan adopted by the city pursuant to chapter 65, title 67, 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, it is necessary that the Rock Creek Rural Fire Protection District's capital infrastructure plan for 1) Facilities, 2) Apparatus / Vehicles, 3) Capital - Related Research, per Exhibit "A" and "B" attached hereto, be expanded and improved to accommodate new development within the Rock Creek Rural Fire Protection District Boundaries as depicted in Exhibit "A" and "B" attached hereto. Throughout this chapter, the system improvements for these three (3) types of capital infrastructure improvements are sometimes collectively referred to as the "Rock Creek Rural Fire Protection District improvement plan.
B. Rock Creek Rural Fire Protection District has formed their development impact fee advisory committee required by Idaho Code section 67-8205, and that committee has performed the duties required of it pursuant to such statute. Rock Creek Rural Fire Protection District intends that the committee continue to exist and to perform those duties identified in Idaho Code section 67-8205 that occur following the adoption of development impact fees.
C. New residential and nonresidential development imposes and will impose increasing and excessive demands upon Rock Creek Rural Fire Protection District capital improvement plan.
D. The revenues generated from new residential and nonresidential development often do not generate sufficient funds to provide the necessary improvements of these Rock Creek Rural Fire Protection District capital improvement plan to accommodate new development.
E. New development is expected to continue, and will place ever increasing demands on the city to provide and expand Rock Creek Rural Fire Protection District capital improvement plan to serve new development.
F. The Rock Creek Rural Fire Protection District has planned for the Rock Creek Rural Fire Protection District capital improvement plan and the city of Kimberly shall amend their Comprehensive Plan to include the Rock Creek Rural Fire Protection District boundaries per Exhibit "A" and "B" attached hereto.
G. Chapter 82, title 67 of the Idaho Code (the Idaho development impact fee act) authorizes the City of Kimberly to adopt Ordinances and Resolutions for the Rock Creek Rural Fire Protection District, to adopt a development impact fee system, to offset, recoup, or reimburse the portion of the costs of needed improvements to the Rock Creek Rural Fire Protection District capital improvement plan caused by new development in the Rock Creek Rural Fire Protection District.
H. The creation of an equitable development impact fee system would promote the purposes set forth in the Idaho development impact fee act, in that it would:
1. Ensure that adequate public improvement plan are available to serve new growth and development;
2. Promote orderly growth and development by establishing uniform standards by which local governments may require that those who benefit from new growth and development pay a proportionate share of the cost of new public improvement plan needed to serve new growth and development;
3. Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public improvement plan needed to serve new growth and development; and
4. Prevent duplicate and ad hoc development requirements.
I. The creation of an equitable development impact fee system would enable the Rock Creek Rural Fire Protection District to accommodate new development, and would assist the Rock Creek Rural Fire Protection District to implement the capital improvements element of the comprehensive plan district boundaries.
J. In order to implement an equitable development impact fee system for the Rock Creek Rural Fire Protection District capital improvement plan, the Rock Creek Rural Fire Protection District, engaged their Rock Creek Rural Fire Protection District development impact committee, Commission, Fire Chief, Administration, Legal Counsel, Police Chief, Kimberly City Administrator, Mayor, and City Council to prepare an impact fee study for these types of improvements. The resulting document is titled "Rock Creek Rural Fire Protection District of Kimberly, Id. Development Impact Fee Study, dated "amended April 10, 2023" and is hereby incorporated by reference as Exhibit "B".
K. The methodology used in preparing the development impact fee study, when applied through this chapter, complies with all applicable provisions of Idaho law, including those set forth in Idaho statutes sections 67-8204(2), 67-8204(16), 67-8204(23), 67-8207 and 67-8209. The incorporation of the development impact fee study by reference satisfies the requirement in Idaho statutes section 67-8204(16) for a detailed description of the methodology by which the development impact fees were calculated, and the requirement in Idaho Code section 67-8204(24) for a description of acceptable levels of service for system improvements.
L. The development impact fee study contains the capital improvements element of the Rock Creek Rural Fire Protection District and incorporated into the Kimberly comprehensive plan by reference of Ordinance No. 679, and such element has been prepared in conformance with the requirements of chapters 65 and 82 of title 67 of the Idaho Code.
M. The development impact fee study sets forth reasonable methodologies and analyses for determining the impacts of various types of new development on the Rock Creek Rural Fire Protection District capital improvement plan, and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such improvement plan created by new development.
N. In accordance with Idaho Code, the development impact fee study was based on actual system improvement costs or reasonable estimates of such costs. In addition, the development impact fee study uses a fee calculation methodology that is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for system improvements, including current tax assessments, user fees, and intergovernmental transfers.
O. The development impact fees described in this chapter are based on the development impact fee study, and do not exceed the costs of system improvements for Rock Creek Rural Fire Protection District capital improvement plan to serve new development that will pay the development impact fees.
P. The improvement plan for Facilities, Apparatus / Vehicles and Capital - Related Research, included in the calculation of fees in the development impact fee study will benefit all new residential and nonresidential development throughout the Rock Creek Rural Fire Protection District, and it is therefore appropriate to treat all areas of the Rock Creek Rural Fire Protection District as a single service area for purposes of calculating, collecting, and spending the development impact fees collected from residential and nonresidential development.
Q. 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 development impact fees that such development will be required to pay.
R. This chapter creates a system by which development impact fees paid by new development will be used to finance, defray, or reimburse a portion of the costs incurred by the Rock Creek Rural Fire Protection District to acquire / construct improvements for the Rock Creek Rural Fire Protection District capital improvement plan in ways that benefit the development for which each development impact fee was paid within a reasonable period of time after the development impact fee is paid, and in conformance with Idaho Code section 67-8210.
S. This chapter creates a system under which development impact fees shall not be used to correct existing deficiencies for any capital improvement plan, or to replace or rehabilitate existing improvements, or to pay for routine operation or maintenance of those improvement plan.
T. 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).
U. This chapter is consistent with all applicable provisions of chapter 82, title 67, Idaho Code, concerning development impact fee ordinances. (Ord. 679, 2023)
17.19.020: AUTHORITY AND APPLICABILITY:
A. This chapter is enacted pursuant to the City of Kimberly's general police power, the authority granted to the City of Kimberly to adopt Ordinance No. 679 to collect and disburse development impact fees to Rock Creek Rural Fire Protection District pursuant to chapters 65 and 82, title 67, Idaho Code, and other applicable laws of the state of Idaho.
B. This chapter shall apply to all areas of the Rock Creek Rural Fire Protection District. (Ord. 679, 2023)
17.19.030: INTENT:
A. This chapter is adopted to be consistent with, and to help implement, by the creation and adoption of Ordinance No. 679, the Rock Creek Rural Fire Protection District, particularly the capital improvements element of that plan and boundary map, incorporated in the Kimberly comprehensive plan as depicted in Exhibit "A" and "B" attached hereto.
B. The intent of this chapter is to ensure that new development bears a proportionate share of the cost of improvements to Rock Creek Rural Fire Protection District capital improvement plan; to ensure that such proportionate share does not exceed the cost of improvements to such improvement plan required to accommodate new development; and to ensure that funds collected from new development are actually used for improvements to Rock Creek Rural Fire Protection District capital improvement plan that benefit such new development.
C. It is the further intent of this chapter to be consistent with those principles for allocating a fair share of the cost of new capital improvement plan to new development, and for adopting development impact fee ordinances, established by chapter 82, title 67 of the Idaho Code.
D. It is not the intent of this chapter to collect any money from any new development in excess of the actual amount necessary to offset new demands for Rock Creek Rural Fire Protection District capital improvement plan created by such new development.
E. The expenditure of development impact fees shall be prohibited except in accordance with Idaho Code section 67-8210 and the Rock Creek Rural Fire Protection District's capital infrastructure plan for:
1. Facilities;
2. Apparatus/Vehicles;
3. Capital - Related Research, per Exhibit "A" and "B" attached hereto.
It is not the intent of this chapter that any monies collected from any development impact fee deposited in an impact fee account ever be commingled with monies from a different impact fee account, or ever be used for a development impact fee component different from that for which the fee was paid, or ever be used to correct current deficiencies in the Rock Creek Rural Fire Protection District capital improvement plan or ever be used to replace, rehabilitate, maintain, or operate any Rock Creek Rural Fire Protection District facility. (Ord. 679, 2023)
17.19.040: DEFINITIONS:
For the purpose of this chapter, the following terms shall have the following meanings, some of which are assigned by Idaho Code section 67-8203, as indicated.
ACCOUNTS: | The 1) Facilities, capital improvement plan account 2) Apparatus/Vehicles, capital improvement plan account 3) Capital - Related Research, capital improvement plan account, established as part of the Development Impact Fee Trust Fund established in section 17.19.070 (A) of this chapter. |
APPROPRIATE: | To legally obligate by contract or otherwise commit to use by appropriation or other official act of a governmental entity. Section 67-8203(2) Idaho Code. |
BUILDING PERMIT: | A building permit issued by the building official permitting the construction of a building or structure within the Rock Creek Rural Fire Protection District. |
CAPITAL IMPROVEMENT: | An improvement with a useful life of ten (10) years or more, by new construction or other action that increases the service capacities of the Rock Creek Rural Fire Protection District. Section 67.8203(3) Idaho Code. |
CAPITAL IMPROVEMENTS ELEMENT ROCK CREEK RURAL FIRE PROTECTION DISTRICT BOUNDARIES ESTABLISHED: | A component of the Kimberly comprehensive plan is to establish the Rock Creek Rural Fire Protection District boundaries per Ordinance No. 679, Exhibit "A" and "B" adopted pursuant to chapter 65, title 67, Idaho Code, which component meets the requirements of a capital improvements plan pursuant to chapter 65, title 67 of the Idaho Code. Section 67-8203(4) Idaho Code. |
DEVELOPER: | Any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to Idaho Code sections 50-1301 through 50-1334. Section 67-8203(6) Idaho Code. |
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, that creates additional demand and need for the Rock Creek Rural Protection District improvement plan or the subdivision of property that would permit any change in the use, character or appearance of land. Section 67-8203(7) Idaho Code. |
DEVELOPMENT APPROVAL: | Any written authorization from a governmental entity that authorizes the commencement of a development. Section 67-8203(8) Idaho Code. |
DEVELOPMENT IMPACT FEE: | A payment made payable to the Rock Creek Rural Fire Protection District. The 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. Section 67-8203(9) Idaho Code. In the context of this chapter, development impact fee means one of the three (3) impact fees defined for the three (3) Rock Creek Rural Fire Protection District capital improvement plan elements, and development impact fees (in the plural) means all three (3) impact fees (or all of them that apply to the proposed development pursuant to this chapter). The term does not include: A. Amounts collected from a developer in a transaction in which the Rock Creek Rural Fire Protection District or another governmental entity has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of the capital improvements, unless a written agreement is made pursuant to Idaho Code section 67-8209(3) for credit or reimbursement. |
DEVELOPMENT IMPACT FEE STUDY: | The document entitled "Rock Creek Rural Fire Protection District Exhibit "A" attached hereto, dated 02-07-2023, as presented to the Council, and recommended by the Kimberly Planning and Zoning Commission on March 15, 2023, depicts the Rock Creek Rural Fire Protection District boundaries and the three (3) types of capital infrastructure. The Final Report dated 04-10-2023, as presented at the Council public hearing on 04-11-2023 is attached hereto as Exhibit "B". The Final Report depicts the Rock Creek Rural Protection District Impact Fee Study and Capital Improvement Plan that sets forth reasonable methodologies and analyses for determining the impacts of various types of development on the Rock Creek Rural Fire Protection District capital improvement plan and determines the proportionate share of the cost of system improvements needed to serve the development improvement plan necessary to meet the demands created by new development. |
DEVELOPMENT IMPACT FEE TRUST FUND: | The trust fund established by section 17.19.070 of this chapter that includes Rock Creek Rural Fire Protection District's capital infrastructure plan for 1) Facilities, 2) Apparatus / Vehicles, 3) Capital - Related Research, per Exhibit "A" and "B" attached hereto. The development impact fee trust fund is also sometimes called the development impact trust fund. |
DEVELOPMENT REQUIREMENT: | A requirement attached to a developmental approval or other governmental action approving or authorizing a particular development project including, but not limited to, a rezoning, which requirement compels the payment, dedication or contribution of goods, services, land, or money as a condition of approval. Section 67-8203(10) Idaho Code. |
EXTRAORDINARY COSTS: | Those costs incurred as a result of an extraordinary impact. Section 67-8203(17) Idaho Code. |
EXTRAORDINARY IMPACT: | An impact that is reasonably determined by the governmental entity and Rock Creek Rural Fire Protection District to determine the need for system improvements, the cost of which will significantly exceed the sum of the development impact fees to be generated from the project or the sum agreed to be paid pursuant to a development agreement as allowed by Idaho Code section 67-8214(2), or b) result in the need for system improvements that are not identified in the capital improvements plan. Section 67-8203(12) Idaho Code. |
FEE PAYER: | A person or legal entity that pays or is required to pay a development impact fee. Taxing districts are expressly included within this definition of "fee payer," unless the taxing district enters into a written agreement with the Rock Creek Rural Fire Protection District of Kimberly that provides otherwise. A fee payer may include a developer. |
IMPACT GENERATING LAND DEVELOPMENT: | Land development designed or intended to permit a use of the land that will contain more dwelling units or floor space than the then existing use of the land, or the making of any material change in the use of any structure or land in a manner that increases demand for Rock Creek Rural Fire Protection District capital improvement plan. The type of proposed impact generating land development shall be based on the proposed use of the land. |
INDIVIDUAL ASSESSMENT: | A study prepared by a fee payer, calculating the cost of expansions or improvements to one or more of the Rock Creek Rural Fire Protection District capital improvements elements required to serve the fee payer's proposed development, that is based on the established LOS standard, is performed on an average cost (not marginal cost) methodology, that uses the service units and unit construction costs stated in the development impact fee study, and is performed in compliance with any criteria for such studies established by this chapter or by the Rock Creek Rural Fire Protection District . |
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. Section 67-8203(16) Idaho Code. |
LEVEL OF SERVICE: | A measure of the relationship between service capacities Rock Creek Rural Fire Protection District and service demand for public improvement plan. Section 67-8203(17) Idaho Code. |
MANUFACTURED HOME: | A structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, that, 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 that 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 that 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 U.S.C. 5418 et seq. Section 67-8203(18) Idaho Code. |
MODULAR BUILDING: | 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. Sections 67-8203(19) and 39 Chapter 43, Idaho Code. |
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. Section 67-8203(20) Idaho Code. |
PROJECT: | A particular development on an identified parcel of land. Section 67-8203(21) Idaho Code. |
PROJECT IMPROVEMENTS: | Site improvements and improvement plan that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project. Section 67-8203(22) Idaho Code. |
PROPORTIONATE SHARE: | That portion of the cost of system improvements determined pursuant to Idaho Code section 67-8207, that reasonably relates to the service demands and needs of the project. Section 67-8203(23) Idaho Code. |
RECREATIONAL VEHICLE: | A vehicular type unit primarily designed as temporary quarters for recreational, camping, or travel use, that either has its own motive power or is mounted on or drawn by another vehicle. Section 67-8203(25) Idaho Code. |
ROCK CREEK RURAL FIRE PROTECTION DISTRICT CAPITAL IMPROVEMENTS PLAN (Three types of capital (3)): | A plan adopted pursuant to this chapter that identifies capital improvements for which development impact fees may be used as a funding source. Section 67-8203(5) Idaho Code. |
FACILITIES: | Murtaugh Station - Relocate and Expand for Growth but not including maintenance, operations, or improvements that do not expand capacities within the Rock Creek Rural Fire Protection District. |
APPARATUS/ VEHICLES: | Two additional Type 3 Trucks - One additional Ambulance |
CAPITAL - RELATED RESEARCH: | Impact Fee Study |
ROCK CREEK RURAL FIRE PROTECTION DISTRICT: | Rock Creek Rural Fire Protection District of Kimberly, Idaho. |
ROCK CREEK RURAL FIRE PROTECTION DISTRICT COMMISSION: | The Rock Creek Rural Fire Protection District Commission of Kimberly, Idaho. |
ROCK CREEK RURAL FIRE PROTECTION DISTRICT DEVELOPMENT IMPACT FEE ADMINISTRATOR: | That individual designated is the Rock Creek Rural Fire Protection District Fire Chief or designee to administer their development impact fee system established by this chapter. |
SERVICE AREA: | Rock Creek Rural Fire Protection District boundaries as depicted in Exhibit "A" and "B" attached hereto. Any defined geographic area identified by a governmental entity or by intergovernmental agreement in which the Rock Creek Rural Fire Protection District capital improvement plan provides service to development within the area defined, on the basis of sound planning or engineering principles or both. Section 67-8203(26) Idaho Code. |
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. Section 67-8203(27) Idaho Code. |
SUCCESSOR IN INTEREST: | A "person", as defined by this chapter, who gains a fee simple interest in land for which a development 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 the Rock Creek Rural Fire Protection District system improvements, including design, acquisition, engineering, and other costs attributable thereto, and also including, without limitation, the type of costs described in Idaho Code section 50-1702, to provide additional improvements needed to serve new growth and development. For clarification, system improvement costs do not include a) construction, acquisition or expansion of public improvement plan 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 development in order to meet stricter safety, efficiency, environmental or regulatory standards; d) upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development; e) administrative and operating costs of the Rock Creek Rural Fire Protection District entity unless such costs are attributable to development of the capital improvement plan, as provided in Idaho Code section 67-8208; or f) principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the Rock Creek Rural Fire Protection District entity to finance capital improvements identified in the capital improvements plan. Section 67-8203(29) Idaho Code. |
SYSTEM IMPROVEMENTS: | In contrast to project improvements, means capital improvements to the Rock Creek Rural Fire Protection District improvement plan that are designed to provide service to a service area including, without limitation, the type of improvements described in Idaho Code section 50-1703. Section 67-8203(28) Idaho Code. For the purposes of this chapter, the system improvements are Rock Creek Rural Fire Protection District's capital infrastructure plan for 1) Facilities, 2) Apparatus/Vehicles, 3) Capital - Related Research, per Exhibit "A" and "B" attached hereto. (Ord. 679, 2023) |
17.19.050: DEVELOPMENT IMPACT FEES IMPOSED:
A. Fee Obligation:
1. After the effective date hereof, any person who commences any impact generating land development, except those exempted pursuant to subsection (B) of this section, shall be obligated to pay development impact fees upon commencement of such activity. The amount of the development impact fees shall be determined in accordance with this chapter.
2. If the fee payer is applying for an extension of a permit issued previously, then the development impact fees required to be paid shall be the net increase between the development impact fees applicable at the time of the current permit application and any development impact fees previously paid pursuant to this chapter to finance similar types of system improvements to accommodate demands created by the same development.
3. If the fee payer is applying for a permit to allow a change of use or for the expansion, redevelopment, or modification of an existing development, the development impact fees required to be paid shall be based on the net increase in the development impact fees for the new use as compared to the previous use.
B. Exemptions: The following types of development shall be exempted from payment of the development impact fees. Any claim for exemption shall be made no later than the time when the applicant applies for the first building permit for the proposed development that creates the obligation to pay the development impact fees, and any claim for exemption not made at or before that time shall have been waived. The P & Z Administrator or a designee shall determine the validity of any claim for exemption pursuant to the criteria set forth below.
1. Rebuilding the same amount of floor space of a structure that was destroyed by fire or other catastrophe, providing the structure is rebuilt and ready for occupancy within two (2) years of its destruction;
2. Remodeling or repairing a structure that does not increase the number of service units;
3. Replacing a residential unit, including a manufactured home, with another residential unit on the same lot, provided that the number of service units does not increase;
4. Constructing an addition on a residential structure that does not increase the number of service units;
5. Placing a temporary construction trailer or office on a lot;
6. Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouses, unless it can be clearly demonstrated that the use creates a significant impact on the capacities Rock Creek Rural Fire Protection District of system improvements;
7. The installation of a modular building, manufactured home, or recreational vehicle if the fee payer can demonstrate by documentation such as utility bills and tax records that either a) a modular building, manufactured home, or recreational vehicle was legally in place on the lot or space prior to the effective date hereof, or b) a development impact fee has been paid previously for the installation of a modular building, manufactured home or recreational vehicle on that same lot or space;
8. Projects for which a development impact fee for each type of public facility covered by this chapter has previously been paid in an amount that equals or exceeds the development impact fee that would be required by this chapter;
9. Projects built by the Federal government or the State government; and
10. Projects which meet all the following criteria may apply for an individualized assessment pursuant to subsection C(4) of this section, except that the applicant may simply rely on the documented project history rather than retaining a qualified professional to prepare the individual assessment;
a. A development agreement was entered into by the project developer and the Rock Creek Rural Fire Protection District setting forth the entitlements and obligations of the developer, which agreement was approved by the Rock Creek Rural Fire Protection District Council prior to April 25th, 2023;
b. The final plat for the development, or site plan attached to the development agreement, was approved by the Rock Creek Rural Fire Protection District prior to April 25th, 2023; and
c. The development, through the terms of the development agreement, or otherwise, has built, or is obligated to build public improvement plan, which improvement plan are not "project improvements", in excess of the amount that would be collected under this chapter.
C. Fee Table and Calculation Of Amount Of Development Impact Fees:
1. Fee Table
Facilities - Apparatus /Vehicles - Equipment - Capital Related Research - Impact Study | |||
Residential | $1,439.00 | per dwelling unit | |
Nonresidential | $0.58 | per square foot | |
This fee schedule shall be in effect upon publication according to law and the Kimberly P & Z Administrator receiving written notification from the Rock Creek Rural Fire Protection District Administrator, to begin assessing development impact fees.
On January 1, 2024, 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 year over year inflation increases in the actual capital improvement costs, supporting the Rock Creek Rural Fire Protection District's capital infrastructure plan, to serve new development utilizing the latest available municipal cost index as published by "American Cities and County Magazine". Nothing herein shall prevent the Rock Creek Rural Fire Protection District from electing to maintain an existing 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 adoption of a resolution by the City of Kimberly upon receiving a recommendation from the Rock Creek Rural Fire Protection District Commission.
2. Levels of Service: Current data used to determine (CIP) Current Improvement Project Value for levels of service with Growth Portions for years 2023-2032 and years 2033-2042, per attached Exhibit "A" and "B" dated 02-07-2023 are as follows:
a. Facilities - CIP Value = $4,860,000.00 for the entire district, with a Growth Portion of 25% or $607,500 for yrs. 2023-2032, and a Growth Portion of 25% or $607,500 for yrs. 2033-2042.
b. Apparatus/Vehicles = $1,463,000 for the entire district, with a Growth Portion of 80% for two additional (2) Type 3 Trucks and one (1) additional Ambulance or $1,170,400, for yrs. 2023-2032.
c. Capital-Related Research Impact Study = $20,000 for the entire district, with a Growth Portion of 100% for yrs. 2023-2032.
3. Using The Fee Table: Development impact fees shall be calculated using the fee table above (or as subsequently amended by the Rock Creek Rural Fire Protection District Commission and Kimberly City Council per automatic adjustment criteria above) unless a) the fee payer requests an individualized assessment pursuant to subsection (C) 4 of this section, or b) the Rock Creek Rural Fire Protection District designates the proposed development as a development of extraordinary impact in writing to the fee payer, in which case the provisions of subsection (C) 5 of this section shall apply.
a. Any person who commences any new impact generating land development, except those exempted pursuant to this chapter, or those preparing an individual assessment pursuant to this chapter, shall pay all development impact fees applicable to the proposed development, as determined by the fee table. Persons choosing to pay applicable development impact fees pursuant to the fee table shall be deemed to have made a full and complete payment of the project's proportionate share of Rock Creek Rural Fire Protection District capital improvement plan costs for system improvements, except as noted in subsection 17.19.090 of this chapter.
b. If the proposed development is of a type not listed in the fee table, then the Kimberly P & Z Administrator and Rock Creek Rural Fire Protection District shall apply the development impact fees applicable to the most nearly comparable type of land use listed in the fee table. The determination as to which type of development is most nearly comparable to the proposed development shall be made by referring to traffic generation rates for land uses published by the Institute of Transportation Engineers, and by identifying that land use listed in the fee table whose traffic generation rates are most comparable to the proposed land use. If no traffic generation rate for the proposed land use appears in a publication of the Institute of Transportation Engineers, or if it is not possible to determine which land use listed in the fee table has the most comparable traffic generation rates, then the most nearly comparable land use shall be determined by the Kimberly P & Z Administrator and Rock Creek Rural Fire Protection District based on comparison of other characteristics of the proposed land use (including employment or occupancy, the size of the facility, and the amount of parking to be provided) with the characteristics of those land uses listed in the fee table.
c. If the proposed development includes a mix of those uses listed in the fee table, then the development impact fees shall be determined by adding up the development impact fees that would be payable for each use as if it were a freestanding use pursuant to the fee table. For example, development impact fees for a church without ancillary improvement plan will be determined through the process in subsection (C)3. b of this section; but development impact fees for a church with a daycare center shall be established by adding:
(1) Fees determined through the process in subsection (C)3.b. of this section for the church itself; and
(2) Fees identified in the fee table for the daycare portion of the facility.
d. If the fee payer requests that the Rock Creek Rural Fire Protection District calculate the amount of development impact fees due pursuant to the fee table, the Rock Creek Rural Fire Protection District shall notify the fee payer of such amount within thirty (30) days after receipt of that request.
4. Using An Individual Assessment:
a. In lieu of calculating the amount(s) of development impact fees by reference to the fee table, a fee payer may request that the amount of the required development impact fee be determined through an individual assessment for the proposed development. The individual assessment process shall permit consideration of studies, data, and any other relevant information submitted by the fee payer to adjust the amount of the fee. If a fee payer requests the use of an individual assessment, the fee payer shall be responsible for retaining a qualified professional to prepare the individual assessment that complies with the requirements of this chapter, at the fee payer's expense. The fee payer shall bear the burden of proving by clear and convincing evidence that the resulting individual assessment is a more accurate measure of its proportionate share of the cost of Rock Creek Rural Fire Protection District capital improvements, based on the Rock Creek Rural Fire Protection District's adopted levels of service, than the development impact fees that would otherwise be due pursuant to the fee table. The Rock Creek Rural Fire Protection District may hire a professional consultant to review any independent impact fee calculation study on behalf of the Rock Creek Rural Fire Protection District and may charge the reasonable costs of such review to the fee payer.
b. Each individual assessment shall be based on the same level of service standards and unit costs for system improvements used in the development impact fee study, shall use an average cost (not a marginal cost) methodology, and shall document the relevant methodologies and assumptions used.
c. An application for an individual assessment may be submitted at any time that the number of dwelling units in the proposed development and the types and amounts of development in each nonresidential category identified in the fee table is known. The Rock Creek Rural Fire Protection District shall issue a decision within thirty (30) days following receipt of a completed application for individual assessment and supporting information from the applicant, so as not to unreasonably delay subsequent applications for or issuance of building permits.
d. Each individual assessment shall be submitted to the Rock Creek Rural Fire Protection District, Kimberly P & Z Administrator or a designee, and may be accepted, rejected, or accepted with modifications by Rock Creek Rural Fire Protection District and the P & Z Administrator or a designee as the basis for calculating development impact fees. The criteria for acceptance, rejection, or acceptance with modifications shall be whether the individual assessment is a more accurate measure of demand for the Rock Creek Rural Fire Protection District capital improvement element(s) created by the proposed development, or the costs of those in the improvement plan with the applicable fee shown in the fee table.
e. The decision by the Rock Creek Rural Fire Protection District Administrator, or designee and the P & Z Administrator or designee on an application for an individual assessment shall include an explanation of the calculation of the impact fee, shall specify the system improvement(s) for which the impact fee is intended to be used, and shall include an explanation of those factors identified in Idaho Code section 67-8207.
f. If an individual assessment is accepted or accepted with modifications by the Rock Creek Rural Fire Protection District Administrator, or designee and P & Z Administrator or a designee then the development impact fees due under this chapter for such development shall be calculated according to such individual assessment.
5. Extraordinary Impacts:
a. If the Rock Creek Rural Fire Protection District Administrator, determines that a proposed development generates extraordinary impacts that will result in extraordinary costs, the Rock Creek Rural Fire Protection District Administrator, will notify the fee payer of such determination within thirty (30) days after receipt of a request for a certification pursuant to subsection 5(D) of this section or a request for a building permit or development approval, whichever occurs first. Such notice shall include a statement that the potential impacts of such development on system improvements are not adequately addressed by the development impact fee study, and that a supplemental study at the fee payer's expense will be required.
b. Circumstances that may lead to a determination of extraordinary impacts include, but are not limited to 1) an indication that traffic generation from the proposed development or activity will exceed those typical for a facility or activity of its type, 2) an indication that employment generated by the development or activity will exceed those typical for a facility or activity of its type, 3) an indication the assumptions used in the development impact fee study underestimate the level of activity or impact on Rock Creek Rural Fire Protection District capital improvement plan from the proposed development or activity, or 4) an indication that levels of calls for Rock Creek Rural Fire Protection District services from developments or activities owned or operated by the fee payer or its agents exceed the assumptions used in the development impact fee study.
c. Within thirty (30) days following the designation of a development with extraordinary impacts, the Rock Creek Rural Fire Protection District shall meet with the fee payer to discuss whether the fee payer wants to 1) pay for the supplemental study necessary to determine the system improvement costs related to the proposed development, or 2) modify the proposal to avoid generating extraordinary impacts, or 3) withdraw the application for certification, building permit, or development approval.
d. If the fee payer agrees to pay for the supplemental study required to document the proposed development's proportionate share of system improvement costs, then the Rock Creek Rural Fire Protection District Administrator and the fee payer shall jointly select an individual or organization acceptable to both to perform such study, the fee payer shall enter into a written agreement with such individual or organization to pay the costs of such study. Such agreement shall require the supplemental study to be completed within thirty (30) days of such written agreement, unless the fee payer agrees to a longer time.
e. Once the study has been completed, the fee payer may choose to 1) pay the proportionate share of system improvement costs documented by the supplemental study, or 2) modify the proposed development to reduce such costs, or 3) withdraw the application. If the fee payer agrees to pay the system improvement costs documented in the supplemental study, that agreement shall be reduced to writing between the Rock Creek Rural Fire Protection District and the fee payer prior to review and consideration of any application for any development approval or building permit related to the proposed development.
f. 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 Rock Creek Rural Fire Protection District to approve development that results in an extraordinary impact.
D. Certification After the development impact fees due for a proposed development have been calculated pursuant to the fee table or the individual assessment, the fee payer may request the Kimberly P & Z Administrator, Rock Creek Rural Fire Protection District, or a designee for a certification of the amount of development impact fees due for that development. Within thirty (30) days after receiving such request, the P & Z Administrator or a designee shall issue a written certification of the amount of development impact fees due for the proposed development. Such certification shall establish the development impact fee so long as there is no material change to the particular project as identified in the individual assessment application, or the impact fee schedule set forth in the fee table. The certification shall include an explanation of the calculation of the impact fee including an explanation of factors considered under Idaho Code section 67-8207 and shall also specify the system improvement(s) for which the development impact fee is intended to be used.
E. Payment Of Fees:
1. All development impact fees due shall be made payable to Rock Creek Rural Fire Protection District in accordance to Section 17.19.020, and paid to the Rock Creek Rural Fire Protection District at the following times.
a. If a building permit or building placement permit is required, then at the time such permit is issued; or
b. If no building permit or building placement permit is required, then at the time that construction commences; or
c. At such other time as the applicant and the Rock Creek Rural Fire Protection District have agreed to in writing, pursuant to applicable Idaho law.
2. All monies paid to Rock Creek Rural Fire Protection District by a fee payer pursuant to the fee table shall be identified as development impact fees and shall be promptly deposited in the appropriate Rock Creek Rural Fire Protection District account(s) described in section 17.19.070 of this chapter.
3. A fee payer may pay a Rock Creek Rural Fire Protection District development impact fee under protest in order to avoid delay in the issuance of a building permit or development approval. A fee payer making a payment under protest shall not be estopped from exercising the right of appeal provided in section 17.19.100 of this chapter, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected. (Ord. 679, 2023)
17.19.060: SERVICE AREAS:
The following service areas are established for each development impact fee element:
A. The Rock Creek Rural Fire Protection District impact fee service area shall include the entire Rock Creek Rural Fire Protection District boundary as depicted in Exhibit "A" and "B" attached hereto. (Ord. 679, 2023)
17.19.070: USE OF DEVELOPMENT IMPACT FEE FUNDS:
A. Establishment Of Trust Fund Accounts:
1. Expenditure of Rock Creek Rural Fire Protection District development impact fees, shall be prohibited except in accordance with the requirements of section 67-8210.
2. Rock Creek Rural Fire Protection District shall establish a development impact fee trust fund (the "trust fund") for the purpose of ensuring that the development impact fees collected pursuant to this chapter are used to address impacts reasonably attributable to new development for which the development impact fees are paid.
3. The Rock Creek Rural Fire Protection District trust fund shall be divided into three (3) Capital Infrastructure accounts. A Facilities Capital Infrastructure account, Apparatus/Vehicles account and Capital-Related Research - Impact Fee Study account.
4. The Rock Creek Rural Fire Protection District development impact fee trust fund accounts shall be maintained in interest-bearing accounts. The interest earned on each account shall not be governed by Idaho Code section 57-127, but shall be considered funds of the account and shall be subject to the same restrictions on uses of funds as the development impact fees on which the interest is generated.
5. Monies in each account shall be spent in the order collected, on a first in/first out basis.
B. Deposit And Management of The Trust Fund:
1. All development impact fees/checks collected by the City of Kimberly pursuant to this chapter shall be promptly transferred to the Rock Creek Rural Fire Protection District Administrator or designee, to allow them to deposit the impact fees into their appropriate trust fund accounts.
2. The Rock Creek Rural Fire Protection District shall maintain a copy of each Rock Creek Rural Fire Protection District Development Impact Fee check.
3. As part of the Rock Creek Rural Fire Protection District's accounting audit process, the Rock Creek Rural Fire Protection District shall prepare an annual report (a) describing the amount of all development impact fees collected, and transferred from the City of Kimberly to the Rock Creek Rural Fire Protection District Administrator.
C. Limitations On Expenditures of Rock Creek Rural Fire Protection District Development Impact Fee Accounts:
1. Facilities: The monies collected from the Facilities Capital Infrastructure impact fees shall be used only to plan for, acquire land-relocate and construct the Murtaugh Fire Station in accordance with the Rock Creek Rural Fire Protection District capital infrastructure plan, or to pay debt service on any portion of any future general obligation bond issue or revenue bond issue or similar instrument used to finance the Facilities Capital Infrastructure Plan.
2. Apparatus/Vehicles: The monies collected from the Apparatus/Vehicle impact fee account shall be used only to acquire the Apparatus/Vehicles depicted on Exhibit "A;" attached hereto or to pay debt service on any portion of any future general obligation bond issue or revenue bond issue or similar instrument used to finance the acquisition of Apparatus/Vehicles depicted in Exhibit "A" and "B" attached hereto.
3. Capital-Related Research - Impact Fee Study: The monies collected from the Capital-Related Research Impact Fee Study account, shall be used only to pay debt service on any portion of any future general obligation bond issue or revenue bond issue or similar instrument used to finance the Impact Fee Study: The monies collected from the Capital-Related Research - Impact Fee Study account shall be used only to pay for the Impact Fee Study, update the development impact fee plan in the capital improvement plan within the Rock Creek Rural Fire Protection District, or to reimburse the Rock Creek Rural Fire Protection District for such costs. Development impact fees shall not be used to pay for any purpose that does not involve system improvements that create additional service available to serve new growth and development. (Ord. 679, 2023)
17.19.080: REFUNDS OF DEVELOPMENT IMPACT FEES PAID:
A. Duty To Refund: Development impact fees shall be refunded to the fee payer, or to a successor in interest, in the following circumstances
1. Service is available but never provided;
2. A building permit, or permit for installation of a manufactured home, is denied, or abandoned;
3. The fee payer pays a development impact fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the proportionate share to which the governmental entity was entitled to receive; or
4. The Rock Creek Rural Fire Protection District has collected a development impact fee and has failed to appropriate or expend the collected fees pursuant to subsection B of this section.
B. Failure To Encumber Trust Funds or Commence Construction any development impact fees paid shall be refunded if the Rock Creek Rural Fire Protection District has failed to commence construction of system improvements in accordance with this chapter, or to appropriate funds for such construction, within eight (8) years after the date on which such fee was paid. Any refund due shall be paid by Rock Creek Rural Fire Protection District to the owner of record of the parcel for which the development impact fees were paid. The Rock Creek Rural Fire Protection District may hold development impact fees for longer than eight (8) years if it identifies in writing 1) a reasonable cause why the fees should be held longer than eight (8) years; and 2) an anticipated date by which the fees will be expended, but in no event greater than eleven (11) years from the date they were collected. If the Rock Creek Rural Fire Protection District complies with the previous sentence, then any development impact fees identified in such writing shall be refunded to the fee payer if the Rock Creek Rural Fire Protection District has failed to commence construction of system improvements in accordance with this chapter, or to appropriate funds for such construction on or before the date identified in such writing.
C. No Refund Due: Later Changes to Development After a development impact fee has been paid pursuant to this chapter and after a certificate of occupancy has been issued, no refund of any part of such fee shall be made if the project for which the fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the project or the number of units in the project.
D. Interest: Each refund shall include a refund of interest at one half (½) the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was originally paid.
E. Timing: The Rock Creek Rural Fire Protection District shall make a determination of whether a refund is due within thirty (30) days after receipt of a written request for a refund from the owner of record of the property for which the fee was paid. When the right to a refund exists, the Rock Creek Rural Fire Protection District shall refund the applicable fees, to the owner of record within ninety (90) days after the Rock Creek Rural Fire Protection District determines that a refund is due.
F. Standing: 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 pursuant to subsections A through E of this section. (Ord. 679, 2023)
17.19.090: CREDITS AGAINST DEVELOPMENT IMPACT FEES:
A. Credits: To Be Issued When a developer, or their predecessor in title or interest, has constructed system improvements of the same category as a Rock Creek Rural Fire Protection District capital improvements element, or contributed or dedicated land or money towards the completion of system improvements of the same category as a Rock Creek Rural Fire Protection District capital improvements element, and the Rock Creek Rural Fire Protection District has accepted such construction, contribution, or dedication, the Rock Creek Rural Fire Protection District shall issue a credit against the development impact fees otherwise due for the same Rock Creek Rural Fire Protection District capital improvements element in connection with the proposed development, as set forth in this section. Credit shall be issued regardless of whether the contribution or dedication to system improvements was required by the Rock Creek Rural Fire Protection District as a condition of development approval or was offered by the developer and accepted by the Rock Creek Rural Fire Protection District in writing, and regardless of whether the contribution or dedication was contributed by the developer or by a local improvement district controlled by the developer.
B. Limitations Credits against development impact fees shall not be given for 1) project improvements, or 2) any construction: contribution, or dedication not agreed to in writing by the Rock Creek Rural Fire Protection District prior to commencement of the construction, contribution, or dedication. Credits issued for one Rock Creek Rural Fire Protection District capital improvements element, may not be used to reduce development impact fees due for a different capital improvements element. No credits shall be issued for system improvements contributed or dedicated prior to the effective date hereof.
C. Valuation Of Credit at Present Value
1. Land Credit for qualifying land dedications shall, at the fee payer's option, be valued at the present value of a) one hundred percent (100%) of the most recent assessed value for such land as shown in the records of the county assessor, or b) that fair market value established by a private appraiser acceptable to the Rock Creek Rural Fire Protection District in an appraisal paid for by the fee payer. In the event that Rock Creek Rural Fire Protection District and the fee payer cannot agree upon an appraiser, either may petition the district court for appointment of an appraiser.
2. Improvements Credit for qualifying acquisition or construction of system improvements shall be valued by the Rock Creek Rural Fire Protection District at the present value of such improvements based on complete engineering drawings, specifications, and construction cost estimates submitted by the fee payer to the Rock Creek Rural Fire Protection District. The Rock Creek Rural Fire Protection District shall determine the amount of credit due based on the information submitted, or, if it determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the Rock Creek Rural Fire Protection District as a more accurate measure of the value of the offered system improvements to the Rock Creek Rural Fire Protection District.
D. When Credits Become Effective:
1. Approved credits for land dedications shall become effective when the land has been conveyed to the Rock Creek Rural Fire Protection District in a form acceptable to the Rock Creek Rural Fire Protection District at no cost to the Rock Creek Rural Fire Protection District, and has been accepted by the Rock Creek Rural Fire Protection District. When such conditions have been met, the Rock Creek Rural Fire Protection District shall note that fact in its records. Upon request of the fee payer, the Rock Creek Rural Fire Protection District shall issue a letter stating the amount of credit available.
2. Approved credits for acquisition or construction of system improvements shall generally become effective when, a) all required construction has been completed and has been accepted by the Rock Creek Rural Fire Protection District, b) a suitable maintenance and warranty bond has been received and approved by the Rock Creek Rural Fire Protection District, and c) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable requirements of the Rock Creek Rural Fire Protection District and the state of Idaho. 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 and the amount and terms of such security are accepted by the P & Z Administrator or a designee. At a minimum, such security must be in the amount of the approved credit or an amount determined to be adequate to allow the Rock Creek Rural Fire Protection District to construct the system improvements for which the credit was given, whichever is higher. When such conditions have been met, the Rock Creek Rural Fire Protection District shall note that fact in its records. Upon request of the fee payer, the Rock Creek Rural Fire Protection District shall issue a letter stating the amount of credit available.
E. Application Procedures:
1. In order to obtain a credit against development impact fees otherwise due, a fee payer shall submit a written offer to the Rock Creek Rural Fire Protection District Administrator or a designee to dedicate specific parcels of qualifying land or a written offer to contribute or construct specific system improvements to the Rock Creek Rural Fire Protection District capital improvement plan in accordance with all applicable state or Rock Creek Rural Fire Protection District design and construction standards, and shall specifically request a credit against the type of development impact fees for which the land dedication or system improvement is offered. No request for a credit against development impact fees shall be accepted unless a written offer to dedicate, contribute, or construct has previously been approved in writing by the Rock Creek Rural Fire Protection District Administrator.
2. After receipt of the request for credit, the Rock Creek Rural Fire Protection District Administrator and Kimberly P & Z Administrator or a designee shall review the request and determine whether the land or system improvements offered for credit will reduce the costs of providing Rock Creek Rural Fire Protection District capital improvement plan by an amount at least equal to the value of the credit. If Rock Creek Rural Fire Protection District Administrator, the P & Z Administrator, or a designee determines that the offered credit satisfies that criterion, then Rock Creek Rural Fire Protection District shall process the credit to be issued. The Rock Creek Rural Fire Protection District Administrator shall complete its review and determination of an application for credit within thirty (30) days after receipt of an application for credit.
F. Transferability Of Credit: A credit may only be transferred by the fee payer that has received the credit to a successor in interest pursuant to the terms of this chapter. The credit may be used only to offset development impact fees for the same Rock Creek Rural Fire Protection District capital improvements element for which the credit was issued. Credits shall be transferred by any written instrument from the fee payer, clearly identifying which credits issued under this chapter are being transferred, the dollar amount of the credit being transferred, and the Rock Creek Rural Fire Protection District capital improvements element for which the credit was issued. The instrument of transfer shall be signed by the Rock Creek Rural Fire Protection District Administrator, both the transferor and transferee, and a copy of the document shall be delivered to the Kimberly P & Z Administrator or a designee for documentation of the change in ownership before it shall become effective.
G. Accounting Of Credits: Each time a request to use approved credits is presented to the Rock Creek Rural Fire Protection District Administrator, the Rock Creek Rural Fire Protection District shall reduce the amount of the development impact fees for the type of fee for which the credit is provided, and shall note in the Rock Creek Rural Fire Protection District's records the amount of credit remaining, if any. Upon request of the fee payer or successor in interest to whom the credit was issued, the Rock Creek Rural Fire Protection District shall issue a letter stating the amount of credit remaining.
H. Credits Exceeding Fee Amounts Due: If the credit due to a fee payer pursuant to subsections A through G of this section, exceeds the development impact fee that would otherwise be due from the fee payer pursuant to section 17.19.90 of this chapter (whether calculated through the fee table in section 17.19.050 of this chapter or through an independent assessment), the fee payer may choose to receive such credit in the form of either 1) a credit against future development impact fees due for the same capital improvements element, or 2) a reimbursement from development impact fees paid by future development that impacts the system improvements contributed or dedicated by the fee payer. Unless otherwise stated in an agreement with the fee payer, the Rock Creek Rural Fire Protection District shall be under no obligation to use any Rock Creek Rural Fire Protection District funds, other than development impact fees paid by other development for the same Rock Creek Rural Fire Protection District capital improvements element, to reimburse the fee payer for any credit in excess of development impact fees due.
I. Written Agreement Required: If credit or reimbursement is due to the fee payer pursuant to this section, the Rock Creek Rural Fire Protection District Administrator shall enter into a written agreement with the fee payer, negotiated in good faith, prior to the contribution, dedication, or funding of the system improvements giving rise to the credit. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement, and shall have a term not exceeding ten (10) years. (Ord. 679, 2023)
17.19.100: APPEALS AND MEDIATION:
Disputes regarding decisions made in the application of this chapter shall be resolved through appeal to the Rock Creek Rural Fire Protection District Administrator and Commission, or through mediation, as set forth below
A. Right To Appeal:
1. Any fee payer that is or may be obligated to pay a development impact fee, or that claims a right to receive a refund, reimbursement, or credit under this chapter, and who is dissatisfied with a decision made by the Rock Creek Rural Fire Protection District Administrator, Kimberly P & Z Administrator, or a designee in applying this chapter, shall first request that the Kimberly P & Z Administrator reconsider the decision. A fee payer requesting reconsideration shall state in writing to the Kimberly P & Z Administrator the reasons why the fee payer believes the decision to be in error. The Kimberly P & Z Administrator shall issue a written decision confirming or modifying the decision within fifteen (15) days of receipt of a written request for reconsideration.
2. Any fee payer that is dissatisfied with the decision of the Kimberly P & Z Administrator upon reconsideration pursuant to subsection A (1) of this section, may appeal such decision to the Rock Creek Rural Fire Protection District Administrator or Commission. The fee payer shall have the burden of proving by clear and convincing evidence that the decision was in error.
3. In order to pursue the appeal described in subsection A (2) of this section, the fee payer shall file a written notice of the appeal with the Kimberly P & Z Administrator or a designee within thirty (30) days after the date of the reconsideration, or the date on which the fee payer submitted a payment of development impact fees under protest, whichever is later. Such written application shall include a statement describing why the fee payer believes that the decision was in error, together with copies of any documents that the fee payer believes support the claim.
4. The Rock Creek Rural Fire Protection District Administrator and Commission shall hear the appeal within sixty (60) days after receipt of a written notice of appeal. The fee payer shall have a right to be present and to present evidence in support of the appeal. The Rock Creek Rural Fire Protection District Administrator and Kimberly P & Z Administrator or designee who made the decision under appeal shall likewise have the right to be present and to present evidence in support of the decision. The criteria to be used by the Rock Creek Rural Fire Protection District Commission in considering the appeal shall be whether a) the decision or interpretation made by the Kimberly P & Z Administrator after reconsideration, or b) the alternative decision or interpretation offered by the fee payer more accurately reflects the proportionate share of the costs of system improvements to the Rock Creek Rural Fire Protection District capital improvement plan necessary to serve new development and whether this chapter has been correctly applied. The Rock Creek Rural Fire Protection District Commission shall issue a decision upholding, reversing, or modifying the decision being appealed within thirty (30) days after hearing the appeal.
B. Mediation:
1. Any fee payer that has a disagreement with the Rock Creek Rural Fire Protection District regarding a development impact fee that is or may be due for a proposed development pursuant to this chapter, may enter into a voluntary agreement with the Rock Creek Rural Fire Protection District to subject the disagreement to mediation by a qualified independent party acceptable to both the fee payer and the Rock Creek Rural Fire Protection District.
2. Mediation may take place at any time following the filing of a timely appeal pursuant to this section, or as an alternative to such appeal, provided that the request for mediation is filed no later than the last date on which a timely appeal could be filed pursuant to subsection A of this section.
3. Participation in mediation does not preclude the fee payer from pursuing other remedies provided for in subsection A of this section.
4. If mediation is requested, any related mediation costs shall be shared equally by the fee payer and the Rock Creek Rural Fire Protection District, and a written agreement regarding the payment of such costs shall be executed prior to the commencement of mediation.
5. In the event that mediation does not resolve the issues between the parties, the fee payer retains all rights to seek relief from a court of competent jurisdiction. (Ord. 679, 2023)
17.19.200: ENFORCEMENT AND COLLECTION:
When any development impact fee is due pursuant to the terms of this chapter, or pursuant to the terms of any written agreement between a fee payer Kimberly P & Z Administrator and the Rock Creek Rural Fire Protection District authorized by this chapter, and such fee has not been paid in a timely manner, the Rock Creek Rural Fire Protection District may exercise any or all of the following powers, in any combination, to enforce the collection of the fee
A. The Rock Creek Rural Fire Protection District may request the City of Kimberly withhold building permits or other development approvals related to the development for which the fee is due until all development impact fees due have been paid.
B. The Rock Creek Rural Fire Protection District may request the City of Kimberly withhold utility services from the development for which the fee is due until all development impact fees due have been paid.
C. The Rock Creek Rural Fire Protection District may add to the amount of the fee interest at the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was due.
D. The Rock Creek Rural Fire Protection District may impose liens for failure to timely pay a development impact fee following procedures contained in chapter 5, title 45, Idaho Code. (Ord. 679, 2023)
17.19.300: MISCELLANEOUS PROVISIONS:
A. Nothing in this chapter shall be construed to create any additional right to develop real property or diminish the power of the Rock Creek Rural Fire Protection District in regulating the orderly development of real property.
B. Nothing in this chapter shall obligate the Rock Creek Rural Fire Protection District 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.
C. Nothing in this chapter shall restrict or diminish the power of the Kimberly P & Z Administrator and Rock Creek Rural Fire Protection District 1) to impose reasonable conditions on the annexation of any property to the Rock Creek Rural Fire Protection District 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 Rock Creek Rural Fire Protection District .
D. Notwithstanding any other provision of this chapter, that portion of a project for which a complete application for a building permit has been received by the Kimberly P & Z Administrator and the Rock Creek Rural Fire Protection District, prior to the effective date hereof shall not be subject to the development impact fees imposed by this chapter. If the resulting building permit is later revised or replaced after the effective date hereof, and the new building permit reflects a development density, intensity, or number of units more than ten percent (10%) higher than that reflected in the original building permit, then development impact fees may be charged on the difference in density, intensity, or number of units between the original and the revised or replacement building permit.
E. Nothing in this chapter shall restrict the Kimberly P & Z Administrator and Rock Creek Rural Fire Protection District from requiring fee payer or an applicant for a development approval or building permit to construct reasonable project improvements required to serve the applicant's project, provided that such request does not duplicate a system improvement in a category for which costs were included in the development impact fee study.
F. Any monies, including any accrued interest not assigned to specific system improvements within such capital improvements program and not expended pursuant to section 17.19.070 of this chapter or refunded pursuant to section 17.19.070 of this chapter shall be retained in the same account until the next fiscal year.
G. The Rock Creek Rural Fire Protection District shall be entitled to collect and retain a surcharge on each development impact fee collected in order to recoup that portion of the cost of preparing the capital improvements plan that is attributable to determining the development impact. Such surcharge does not exceed each development's proportionate share of the cost of preparing the plan.
H. If the Kimberly P & Z Administrator and Rock Creek Rural Fire Protection District, discovers an error in the development impact fee study that results in assessment or payment of more than a proportionate share of system improvement costs on any proposed development, the Kimberly P & Z Administrator and Rock Creek Rural Fire Protection District shall 1) adjust the development impact fee to collect no more than a proportionate share or 2) discontinue the collection of any development impact fees until the error is corrected by ordinance.
I. If development impact fees are calculated and paid based on a mistake or misrepresentation, they shall be recalculated. Any amounts overpaid by a fee payer shall be refunded by the Rock Creek Rural Fire Protection District within thirty (30) days after the Rock Creek Rural Fire Protection District's acceptance of the recalculated amount, with interest at the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was paid. Any amounts underpaid by the fee payer shall be paid to the Rock Creek Rural Fire Protection District within thirty (30) days after the Rock Creek Rural Fire Protection District 's acceptance of the recalculated amount, with interest at the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was paid. In the case of an underpayment to the Kimberly Planning and Zoning Administrator may withhold issuance of building permits or development approvals for the project for which the development impact fee was paid until such underpayment is corrected, and if amounts owed to the Rock Creek Rural Fire Protection District are not paid within such thirty (30) day period, the Kimberly Planning and Zoning Administrator may also repeal any building permits or development approvals issued in reliance on the previous payment of such development impact fee and refund such fee to the fee payer.
J. The Rock Creek Rural Fire Protection District Commission, shall consider their Development Impact Fee Advisory Committee's recommended revision(s) to this chapter at least once every twelve (12) months. Their committee's recommendations and the Rock Creek Rural Fire Protection District Commission actions are intended to ensure that the benefits to a fee-paying development are equitable, in that the fee charged to the development shall not exceed a proportionate share of the costs of system improvements, and the procedures for administering development impact fees remain efficient.
K. Nothing in this chapter shall be construed to prevent or prohibit private agreements between developers, the Rock Creek Rural Fire Protection District, City of Kimberly, Twin Falls Highway District, Twin Falls Canal Co., Kimberly School District, 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 noted herein above but not limited to, then the agreement shall include a provision for the allocation of development impact fees collected from the developer or fee payer for the Rock Creek Rural Fire Protection District improvements by the applicable jurisdiction. (Ord. 679, 2023)
17.19.400: PENALTY FOR VIOLATION:
A. Violation of this chapter shall be a misdemeanor and shall subject the violator to those remedies provided in Kimberly City Code, Chapter 1.16 Section 1.16.010.
B. Knowingly furnishing false information to any official of the Rock Creek Rural Fire Protection District charged with the administration 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, use, or impacts from a proposed development, shall be a violation of this chapter. (Ord. 679, 2023)