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HomeMy WebLinkAbout723 Impact Fee Ordinance I I 583 ORDINANCENo.m AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING AND CREATING A NEW CHAPTER I1TOnTLE 2 OF THE REvIsED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, IDAHO; PROVIDING FORAN IMPACT FEE ON NEW DEVELOPMENT TO PROVIDE FORPUBUCFACILITIES, MITIGATE IMPACTS,AND SERVE NEEDS CREATED BY SUCH DEVELOPMENT; PROVIDING FOR SHORT TITLE, APPLICABILITY; PURPOSE, RULES OFCONSTRUCTION,DEFlNmONS, AND GENERAL PROVISIONS; PROVIDING FOR IMPACT FEE COLLECTION AND EXPENDITURtS, REFUND 'OF IMPACT FEES, EXEMPTIONS\ CREDITS, AND APPEALS OF ADMINISTRATIVE DECISIONS; PROVIDING FOR PARK AND RECREATION IMPACT FEES AND METHODOLOGY PERTAINING TO PARK AND RECREATION; PROVIDING FOR TRUST ACCOUNTS,VESTED RIGHTS, SEVERABILITY, INCLUSION IN TIlE REVISED AND COMPILED ORDINANCES, APPROVAL ÒFTHE SUMMARY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, the Idaho Development Impact Fee Act, Title 67, Chapter 82, Idaho Code, authorizes the impósitionof developtneIltal ìmpact fees as an equitable program for.planning and financing the public facilities needed to serve new growth and development. NOW, THEREFORE, BErr ORDAINED BY THE MAYOR AND CITY COUNCIL OF THECITYOFMERIDIAN,IDAHO: ~ That a new Chapter 12 is added to Title 2 of the Revised and Compiled Ordinances of the City of Meridian, hereby adopted; created and enacted to read as follows: CHAPTER 12 lMPACTFEE ORDINANCE 2-12-1: 2-12~2: 2-11-3: 2c12-4: 2-12-5: 2-12-'6: 2-'12-7: 2-12-8: 2-12-9: 2-12-10: 2-12-11: 2"12c12: 2-12-13: 2-12-14: 2-12-15: 2-12-16: 2-12-17: 2c12cI8: 2-12-19: 2-12-1: SHORT TITLE, APPUCABILITY, AND, PURPOSE RULES OF CONSTRUCTION DEFINITIONS GENERAL PROVISIONS . DEVELOPMENT IMPACT FEE - STANDARDS AND PROCEDURES DETERMINATION OF DEVELOPMENT IMPACT FEES REFUND OF IMPACT FEES PAID EXEMPTIONS CREDITS SUITABIUTY OF LAND OFFERED FOR DEDI.cATION IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS IMPACT FEE EXPENDITURES PARK AND RECREATION IMPACT FEES ADMINISTRATIVE COSTS "SUMMARY OF IMPACT FEES APPEALS OF ADMINISTRATIVE DECISIONS VESTED RIGHTS OTHER POWERS AND RIGHTS NOT AFFECTED SAVINGS CLAUSE SHORT TITLE, APPUCABILITY, AND PURPOSE: IMPACT FEE ORDINANCE-l 586 SYSTEM: COMMUNITY PARK: Includes a11 Park and Recreation Facilities operated by the City. A park planned primari1y to provide active and structured recreation activities for young people and adults. In general, community park facilities are designed for organized activities and sports, although individual and family activities are also encouraged. Community parks can also provide indoor facilities to meet a wider range of recreation interests. Where there are no neighborhood parks, the community park can also serve this function. In comparison to neighborhood parks, community parks serve a much larger area and offer more facilities. Their service area is roughly a 1-2 mile radius, and will support a population of approximately 7,500-15,000 persons, depending upon size and facilities. As a result, they require more support facilities such as parking, rest rooms, covered play areas, etc. Community parks are usua1Jy about 20 acres in size and often have sports fields or similar facilities as the central focus of the park. 1 COMPREH!!NSIVE The City of Meridian Comprehensive Plan known as "The City of Meridian PLAN: Comprehensive Plan" as updated and amended ITom tìme to time pursuant to Idaho Code 67-6508. CREDITS: DEDICATION: DEVELOPER: DEVELOPMENT: DEVELOPMENT APPROVAL: DEVELOPMENT IMPACT FEE: DEVELOPMENT REQUIREMENT: The present value of system or service ìmprovements, contribution or dedication of land or money required by the City ITom a developer for system or service ìmprovements of the category for which the development impact fee is being collected. A deliberate appropriation ofJand by its owner for use as public facilities as the same are defined herein. Person who applies for a Building Permit or submits a plat or is otherwise subject to the provisions of this chapter. Any construction or insta11ation 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. Any written authorization ITom the City which authorizes the commencement of a development. A payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system or service improvemertts needed to serve development. This term is also referred to as an impact fee in this ordinance. The term does not include the fol1owing: (a) A charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development; (b) Connection or hookup charges; (c) Availability charges for drainage, sewer, water or transportation for services provided directly to the development. (d) Amounts collected ITom a developer in a transaction in which the governmental entity has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially tesponsible for the construction or insta11ation of the capital ìmprovements, unless a written agreement is made pursuant to section 67- 8209 (3) Idaho Code, for credit or reimbursement. I A requirement attached to a development approval or other governmental action approving or authorizing a particular development project including, but not limited to, a rezoning, which requirement compels the payment, IMPACT FEE ORDINANCE - 4 584 A B. C. This Ordinance sha11 be known and maybe cited as the "City of Meridian Impact Fee Ordinance. " This Ordinance sha11 apply to the development ,of property located within the bolfndaríes of . the City of Meridian as'Well as "service areas" identified in the City of Meridianl Ada CoUnty Area ofImpactAgreement as the same is amended ITom time to time. . The Meridian City Council finds that an equitable program for plarn¡ing and financing public, facilitieS needed to serve new gtowthanddevelopment is necessary in order. to promote and. accommodate orderly groWth and development and to prote(èt the P4blic h~th; sl!fetyand generalwelfareofthe citizens of City of Meridian. . It is theintent.byenacting thischapterto: (1) Ensure that adequate facilities are available to,SefVe new growth ¡¡nd development; I (2) Promote orderly growth and development by establishing u¡riformstandarqs by which the. City may require that those who benefit ITom new growth and development" p¡;¡ya proportionate share of the cost of new public facilities needed to serve new growth and development; (3) Ensure that those who benefit ITom new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development requirements; (4) Collect and expend development ìmpact fees pursuant to the enabling powers granted by the previsions of The Idaho Development Impact Fee Act, Title 67, Chap~rfJ2; Idaho Code; (5) Provide the legal and procedural basis for the implementation of develop¡nent impaçt. fees. within the area of city impact; and (6) Ensure that any capital improvement funded wholly or in part with impact fee revenue shall first be included in an approved capital improvements plan that lists the capital ìmprovements that may be funded with ìmpact fee revenues as well as the estimated costs and timing for each improvement. D. It is intended that this Chapter wil1 be amended as capital improvements plans are approved and adopted as part of the Comprehensive Plan, pursuant to the provisions of Idaho Code 67- 8208, to include specific methodology for the calculation of development impact fees for specific categories of public. facilities. Development.ìmpact fees ~hall .not be charged, col1ected or expended for public facilities which are not, included in an approved capital improvements plan that lists the capital ìmprovements which m¡;¡y be funded with impact fee. revenues, as well as the estimated costs and timing foreach.improvement. No amendment to this Chapter 'adopting anìmpact, fee for. public facilities or, amending or adopting t!1e methodology for calculating an impact fee shall be effective unless approved by ordinance. adopted by the Meridian City Council in accordance with the procedural.requirements of Idaho Code 67-8206. I 2-12-2 RULES"OF CONSTRUCTION. A This Chapter shall be liberally construed to effectively carry out its purpo~ in the interest of the public health, safety and welfare. B. Unless otherwise stated, the following rules of construction sha11 ¡;¡pplyto the text of this Chapter. (1) Ifthere is any conflietbetween thetexto£this Chapter and anY table, summary table or illustration, the text sha11 control. (2) The word "shall" is always mandatory and not discretionary; the word "may" is permissive. IMPACT FEE ORDINANCE - 2 (3) (4) (5) (6) I (7) 2-12-3: 585 The phrase "used for" includes "arranged for", "designed for";()r "occupied for". The word "person" includes. an individual, a corporation, a partnership, an incorporated association, or any other similar entity. The word "inCludes" shall not limit a term to the specific example but is intended to extend its meaning to all other insiances Or circumstances oflike kind or character. Wordsused in the presenttense shall inClude thefutl,ire; words used in the singular shall inCludetheplural and the plural the singular; unless the context Clearly indicates t/!.~ contrary; and use of the masculine gendersball inClude the feminine. Unless the context cleady jpdicates the contrary ,where a regú1åtion involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either... or", the conjunction shall beinterpr~edas fòllows: (a) (b) (c) "And" indicat¡¡s:ß!at a11the connected terms, conditions, provisions or events sha11 apply. ". "Or"indicates that the connected items, conditions, proVisions or events may apply singly orin any combination. "Either... or" indicates thafthe connected items, cònditions, provisions or events shall apply singly but not in combination. DEFlNmONS: For the purpose of this 'Chapter,.the fu1lowing terms, phrases and words shall have the meaning given herein. . ." APPROPRIATE: APPLICANT: BUILDER: BUILDING: To lega11y obligate by contract or otherwise cotmÌ1.it to use by appropriation or other oftìcial act ofthè City. Person who applies fôr' a Building Permit or is otherwise subject to the provisions of this chapter. Person who applies for aBuilding Permit oris otherwise subject to the provisions of this chapter. Any' structure having a roof entirely. separated ITom any other structure by space or by walls m which there are no communicating doorsor'windows.or any similar opeping andèrected for the purpose of providing support or shelter for persons, animals; things or property of any kind. . An official document or certificate by. that name issued by the Meridian Public Works Department, autho~ng the conStruction or siting of any building. '. . . CAPITAL ImpfQve~nts mthausefullifeof.ten (10) years or more, by new IMPROVEMENTS: constructionór'otheiatmon,which increase the service capacity ora public facility or service. . I BUILDING PERMIT; CAPITAL A plan adopted and amended pursuant to the provisions of The IMPROVEMENTS Development lmpllct Fee Act,ldaho Code 67~8208, which identifies capital PLAN: improvements for which' development impact fees may be used as a funding source. CITY COUNCIL: CITY PARK The City Council of the City ofMeridian,Jdaho. IMPACT FEE ORDINANCE - 3 I I 587 dedication or contribution of goods, services, land, or money as a condition of approval. DWELLINGUNJT: A Building or portion ofaBuilding 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 include& mobile home. EXISTING DEVELOPMENT: The. lawful land use whichphysical)y exists or for which the landowner holds a valid building permit .asof the;: effective date of this ordinance or that maxìmum level of development activity for which a previous impact fee was paid under the provisions of this Chapter. As used in this Chapter, the term "lawful.land use" sha11 not include a land use which has been established or maintained in violation of this Chapter or applicable codes. EXTRAORDINARY Those costs incurred .as .aresultof extraorQinary impact. COSTS: EXTRAORDINARY An ìmpact which is reasonably determined by the City to: (I) result in the IMPACT: need for system iInprovements, the cost of which win significantly exceed the sum of the development impact fees to be generated ITom the project ,or the sum agreed to be paid pursuant to a development agreement as allowed by section 67-8214(2) Idaho Code, or (ii) result in the need for system improvements which are not identified in the capital' improvements plan. FEE The official or designee appointed by the Mayor with City Council ADMINISTRATOR: approval, to administer this Ch<tpter. FEE PAYER: A person intending to commence a proposed development for which an ìmpact feecomputationisrequired..or <tpersonwho has paid an impact fee, provided a letter of credit, or made a contribution in-lieu-of-fee pursuant to this Chapter. The effect on the local public facilities and servicesjn a given area produced by the additional populatiøn attracted by development. INDIVIDUAL PROJECT ASSESSMENT: An assessment ofa particular project based upon an agreement between a fee payer and the City whereby clear and convincing evidence has established that the ìmpact fee requires adjustment. LAND USE ASSUMPTIONS: A desøriptionof the service .area and projections of land uses, densities, intensities, and population in the service area over at least a twenty (20) year period. A measure of the relationship between service capacity <tnd service demand for,public facilities. MANUFACTURED HOME: A structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight (8)feet or more in width or is forty (40) body feet or more in length, or when erected on site; is three hundred twenty (no) 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 connect~d to the required utilities, and includes the plumbing, heating, air conditioning, andelectrica1 systems contained therein, except that such term shall include any structurewhichmeetsa11. the 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 under42US.C 5401, etseç, IMPACT FEE ORDINANCE - 5 588 MOBILE HOME: MODULAR BUILDING: NEIGHBORHOOD PARK: NON- RESIDENTIAL DEVELOPMENT: OWNER: P ARK AND FACILITIES: PARK PLANNING AREA: (See also manufactured home) A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Any building or building component, other than a manufactured home, which is. constructed according to standards contained in. the Uniform Building Code, as adopted by the City, or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site: A combination playground. and park, designed primarily for non-supervised, non"Organized recreation activities. They are generally small in size (about 5 acres), and typically serve residents within a,half-mile radius. At average residential densities, this amounts to a service area population of about 3,000 to 5,000 residents, Since these parks are located within walking and bicycling distance of most users, the activities they support often become a daily pastime for neighborhood children. I Any development project not providing for residential dwelling units: The Person holding legal title to the real property, including the local, state or federal government or any subdivision thereof All park lands and facilities as described in the Comprehensive Plan including Neighborhood, Community, Linear and Regional Parks as wel1 as Special Use and Open Space Areastogether with the park system improvements necessary to support the recreation needs of the population served and to be served as identified inthe Plan. A statistical area of the Official City of Meridian Corporate Boundary as determined' by annexation boundaries, sometimes .referred to as" Service Area." Community Park facilities in Meridian are deemed to serve the entire community and impact fees for such facilities shall be charged equally within the boundaries oftheMeridianArea of City Impact, including the City of Meridian. PRESENT VALUE: The total current monetary value of past, present, or future payments, contributions or dedications of goods, services; materials construction or money. PROJECT: A particular development on an identifiable parcel ofland. PROJECT Site improvements and facilities that ¡¡re plannerlànd designed to provide IMPROVEMENTS: for a particular development project and that are necessary for the use and convènience of the occupants or users of the project. I PROPORTIONATE That portion of the cost of system improvements determined pursuant to SHARE: Section 67-8207, Idaho Code, which reasonably relates to the service demands and needsóftheproject. PUBLIC FACILITIES: Shall include: (a) Wastewater col1ection, treatment and disposal facilities; (b) Stórm water col1ection, retention, detention, treatment and disposal facilities, . flood control. facilities, and bank. and shore protection and enhancement ìmprovements;«:i Landscaping associated with roads, streets and bridges and the rights of way associated therewith; (d) Parks, open space and recreation areas, and related capital improvements; and (e) Public safety IMPACT FEE ORDINANCE - 6 I I PUBLIC FACILITIES PLANNING AREA: SERVICE AREA: SERVICE UNIT: 589 facilities, including law enforcement, fire, emergency medical and rescue and street lighting facilities. A designated area identified in the Comprehensive Plan and capital facilities plan for' which public facilities needs have been determined based upon assumptiòns made in accordance with generally accepted planning and engineering standards. Any defiIledgeographic area identified by the City in the Comprehensive Plan or by . intergovernmental agreement~between the Cíty 'and, another governmental entity, in which specific facilities provide service to development within the area defined, on the basis of sound planning or engineering principles or both. A standardized measure of consumption; use, generation, discharge or need attributable to an individual unit of development calculated in accordance with generally accepted municipal, engineering or planning standards for a particular category of capital improvements. SYSTEM In contrasttoproject improvements, mean capital improvements to public IMPROVEMENTS: facilities which are designed to provide service to a service area including, without limitation, the type of improvements described in section 50-1703, Idaho COde. . UNlT(S) OF DEVELOPMENT: Costs incurredfordonstruction or recònstruction of system or service improvemerits, including design, acquisition; engineering and other costs attributable thereto, and also including, without limitation, the type of costs described in section 50-1702 (h), Idaho Code, to provide additional public facilities or services needed to serve new growth and development. For clarification, system improvement costs do not include: (a) Constiuction,acquisitionor expansion of public facilities or services other than capital improvements identified in the capital improvements plan; (b) Repair, operation or maintenance of existing or new capital improvements; (c) Upgrading, . updating, expanding or . replacing existing capital improvements in order to meet stricter safety; efficiency; environmental or regulatory standards; (d) Upgrading, updating, expanding or replacing existing capital improvements solely for the purpose of providing better service to existing 'develòpment; (e) : Administrativeandopetatmg costs of the City unless such costs are attributable to development of the capital improvements. plan, as provided in section 67-8208, Idaho Code; or (f)PriIlcipaJ-paytnentsandinterest or other finance charges on bonds or other indebtedòessexcept fimiIlcial obligations issued by or on behalf of the City to finance' capitalìmptovements identified '. in the capital improvements plan. A quantifiable increment of development activity dimensioned in terms of dwelling units, or other appropriate measurements contained in the impact fee sChedule. ' 2-12-4: .. GENERAL PROVISIONS: All deVelòpiIlenfis deèmed to' create an impact and therefore an increased demand fotpublic services. As such, the cost of new public facilities should be borne by'new users to the extent new use requires new facilities. Therefore, any äpplic!Ítioll. for abuilding permit enabling the construction on or after the effective date of this impact fee ordinance or any amendment hereto which provides for impact fees for any additional a11owed category of public facilities, adopted by the Meridian City Council pursuant to the provisions of Idaho Code 67-8206, sha11 be subject to the imposition of impact fees IMPACT FEE ORDINANCE - 7 590 in the manner and amount ~et forth in this Chapter as it is adopted initially or as it is amended as provided for in section 2-12-1 D. hereof. A. B. Completeapplication~ for building pennits received by the Public Works Department prior to the. effective date of this Ordinance or amendments hereto adopting impact fees or amending or adopting any methodology by which impact fees RJ:e calculated, will be exempt ITom that portion of the Impact Fee Ordinance or amendment enacted after the application, ITa complete building permit is issued within 120 days ofthe effective date of this Ordinance or amendment. A complete application fora buildipgpennit shall be defined as including permitted plans signed and sealed by a State ofIdaho lice¡¡sed engineer or architect showing all site work, zoning compliance, architectural, structural, electrical, and plumbing work. Applications for. building permits filed prior to the effective date of said Ordinance or amendment but which become null and void shal1.be subject to the provisions of the Impact Fee Ordinance in the event of reapplication. In the event that an amendment to this Ordinance involves .a change in the amount of ìmpact fees charged for a particular category of public facility or services, the fee payer shall pay the lesser impact fee amount. I For building permits which expire or .are revoked after the effe¡;tive date of this Ordinance the fee payer shall be entitled to a refund of previously paid ìmpact fees (see Section 2-12-7) provided that in the case of a reapplication for permit, the impact fee in effect at that time shall be paid. All fee payments shall be made to the Fee Administratorpriorto the issuance ofa building permit unless otherwise agreed to in writing by the City and the Developer; and no building shall commence nor shall a building pennit be issued .unless and until the applicant has satisfied the provisions of this Chapter.. Violations of this provision shall be subject to the sanctions set forth in Section 2-12-05 E. c This Chapter shall not be construed to subject any development to double payment of the same ìmpact fees. D. A Development Impact Fee shall not be d.eemed invalid because the intended improvement for which the fee was paid may result in an incidental benefit to owners or developers within a service area other than the person's paying the fee. E. Compliance with this Chapter shall not excuse the applicant ITom.compliance with a11 other governmental development regulations. Building and/or use permits may be withheld until all such requirements are met. F. The Council recognizes that there lIIay 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 which exceed the amount ofthe anticipatedìmpact fees fì:om such development. If the Council determines that a proposed development activity .would create such an extraordinary impact on the City's public facilities and services system, the CoJ,l)1cil may refuse to approve the proposed developlIlentactivity and/or.may recommend to the other affected government agencies that the project not be approved. . In the alternative, the Council may calculate a pro rata share per service unit of the extraordinary ìmpact and charge an impact fee greater than the fee indicated by use of the fee schedule. I G. Individual project assessments of development impact fees may be made by application to the Fee Administrator who sha11 evaluate such individual project assessments under the guidelines provided for in Section 2-12-13 G. ofthis Chapter. If the guidelines are met, the individual project assessment shall be recommended for approval by the Fee Administrator and forwarded to the .CityCoJ,l)1cil. for approval within thirty (30) days of receiving such application. An adverse recommendation by the Fee Administrator maybe appealed to the Council under Section 2-12,13G(3) ofthis Chapter. Final determination regarding project asseS$ments shall. be made by the City Council. IMPACT FEE ORDINANCE-8 I I 591 H. The Development Impact Fee Advisory Committee sha11 periodically review the contents of the adopted Impact Fee Ordinance and, when appropriate, make recommendations for revisions to the Meridian City Council. The Meridian City Council shall consider the Development ImpaètFeeAdvisory Committee's recommended revision(s) to the City of Meridian DevelopmenUmpact Fee Ordinance, at least once every twelve (12) months. The Development Impact Fee Advisory Committee'srecommendatiQns and the City Council's action are intended to ensure thaUhe benefits to a fee paying development are equitable, in that thefee charged the development shall not exceed a proportionate share of the costs of . system improvements, and the procedures, for administeringìmpact fees remain efficient. 2-12-5: DEVELOPMENT IMPACT FEE - STANDARDS AND PROCEDURES: The development impact fee reflects the need for capital ìmprovements to public facilities or services made necessary by new development. Any person requesting a building permit for development or who is other'Wisè subject to thisChapter,sha11 pay the impact fee. equal to the sum of impact fees reflected in the Impact'FeeSchedules set forth in the MeridianCityCode and determined pursuant to the following: A. The 'development impact fee sha11 not exceed a "proportionate share" of the costs incurred or the costs that will be incurred by the City in the provision of "system improvements" to serve the new development. ' B. The' "proportionate share" is the cost attributable to the. new development !titer consideration by the City ofthe following factors: (1) Any appropriate credit, dffsetor contribution of money, dedication of land, or construction of system improvements; (2). Payments reasonably anticipated to be made by or as a result of the new development in the' forln of Üser 'fees, debt service payments, or taxes, which, are, dedicated, fof$ystem ìmprovements for which development impact fees would otherwi$e be imposed; (3) All other available sources of funding such system ìmprovements. c. Indetermillirtg the "proportionate share" of the cost of system improvements to be paid by thedevelòper,the following additional factorssha11 becoftsidered. (1) The costofexistingsystem.improvements within the service area or areas impacted by the new devèlopment; (2) The means by which existing system improvements have been financed; (3) The extent to which the new development will contribute to the cost of system improvements through taxation, assessments, or developer or landowner contributions; (4) The eXtent toW-moo the new development is required to contribute to the cost of existing system ìmprovements in the future; : (5) The extent to which the new development sho.uldbecredited for providing system iinprovements;without'charge to.other properties within the serviceareaQr areas impacted by thenewdeveloptÌient; (6) Extraordinafy cösts, .if any, incurred in serving the, new development; (7) The time arid prièe differential inherent.in a fair comparison of fees paid, at different times; and (8) The availabilityofother$OUfces of funding system imprpvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation IMPACT FEE ORDINANCE - 9 D. E. I F. G. I 593 previously paid: When any building .permit expires or is revoked after the effective date of this Ordinance and a fee has not previously been paid under this Chapter the applicant shall be required to comply with the provisions herein. No refunds will be given for proposed development activity resulting in a negative fee calculation. No impact fee payment shall be required for any development activity when the total calculated fee is less than five dollars ($5.00). If the typeofdwe11ing unit within a proposed or current development is not specified in the impact fee schedule, the Fee Administrator shall use the dwelling unit most nearly comparable in computing the fee. This determination shall be made at the discretion of the Fee Administrator, with appeal to the City Council if the Applicant disagrees with the Fee A dmini strat or's d eterminati on. In determining existing development activity and the units of proposed or existing development, the Fee Administrator sha11 use the building permit or zoning certificate of use information contained in the building or zoning records of the City of Meridian. A development impact fee will be assessed for installation of a modular building, manufactured home or IÌ1obilehome unless the fee payer can demonstrate by documentation such as utility bills and tax records either: (1).. That a modular bui1ding;manufactured home or mobile ,home was lega11y in place on the lot or space prior to the effective date of this Chapter; or (2) That adeveloprIlent impact fee has been paid previously for thé installation of a modular building, manufactured home or mobile home on that same lot or space. 2-12-7: REFUND OF IMPACT FEES PAID: A The fee payer or current owner sha11beentitled toa refund of the impact fee if (1) a building permit encompassing fee paying development expires or is revoked; or (2) if the pùblic facility for which the fee was paid is available but never provided, or (3). the City, after collecting the fee when the public facility for which the fee was paid is not available, has failed to appropriate and expend the cóllected developmentimpact fees within ten (10) years on a first- .in; first-out (FIFO) basis, except that the Citysha11 retain the General Administrative or Specified Administrative Charge portion ofthe fee to cover the cost of the administration of the impact fee calculation; collection'and refund. However, no refund shall be provided for the cost of completed improvements contributed in lieu of fee unless otherwise provided for in a development agreement. B.. Any ìmpact feetrust funds refunded sha11 be returned to the fee payer or current owner by the Fee Administrator with accrued interest at one half('f2) the legal rate as provided for in Idaho Code 28-22-I04. The fee payer or current owner shall be required to submit a written request for refund to the Fee Administrator before issuance of the refund can be authorized. No refunds of development ìmpact fees will be provided for in the event the fee payer or cwrent owner does not requestsùch a refund prior to the expiration of one year following the ten (10) year periodITom the date the development impact fee was paid. c. Refundssha11be sent to the fee payer; or person entitled to such refund; within ninety (90) days of their approval by the City. D. Funds sha11 be deemed expended for pUìpoSes of this Chapter when payment of said funds has been approved by the City of Meridian. 2-12-8: EXEMPTIONS: A The followingsha11 be exempted ITom payment of Development Impact Fees: IMPACT FEE ORDINANCE - 11 I I 595 1. Size: The size of the parcel is expressed as a net .amountand is exclusive of street right-of-way, existing and proposed easements, borrow pits, lakes and'other man- made or natural conditions which restrict or ìmpede the intended use of such areas. 2. Unity: The land to be dedicated shall furm a single parcel of land except where aforesaid review dètermines that two or more parcels would be in the best public interest. 3. Shape: The configuration of the parcel of land is such as to be usable for public facilities purposes äsdetermined by the City. , 4. LOcation: The' land to be dedicated is so located as to serve the needs .of the , deVelopment, by being within the Service Area and/or Public Facilities Service Zone. 5. Access: Appropriate access to the land to be dedicated is provided by improved public street ITontage. 6. Utility: Dedicated land should be usable for public facilities purposes and meet the follOwing criteria prior to its final acceptance by the CitY Council: (a) The property is platted and reådytobe developed so that no funds would be tequiredto be expended for site development. All utilities are in place andare'atthe perimeter of the site and include roads, walks, curbs, water lines, sewerlines; electric service lines, and telephone service lines. (c) All utilities are òfsufficient 1Jualityand quantity to adequately service the site. {d) The property is filled andcompilcted to comply with a1lappropriate subdivision codes, building and zoning codes; and flood insurailce laws and regrililtions:Thefi1l and compaction are of suffiCient quality to accept the improvements contemplated. . . 7. Plans: City, Regional and State plans sha11 be taken into consideration when evaluating landþropOsals for dedication. 8. The Fee Administrator shall determine, based on specific review of each application, whether the proposed site contains the requisite site characteristics consistent with public faCilities criteria: This determination shall be in writing and sha11 specifY the reasons the site was approved or denied credit for inclusion in the land dedication requirement. The Fee Adrninistrator's, determination shall be made within thirty (30) days ftom the date of receipt ofthe request and shallbefoiWarded to the, Council for action: The Council may affirm, rejector revise the determination of the Fee Administrator providing written findings offact and conclusions oflaw. B. Appeals of the Fee Administrator's detennination ofJand suitability shall be made to the City Council by the filing of an appeal With the Meridian City Clerk no later than ten (10) days fol'owingthedate ofthe decision of the Fee Administrator. ' 2~12-;.1l: IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS: A. All impact fees will be deposited in a designated "Trust Fund". Interest-bearing trust accounts shall be established and maintained by the City of Meridian; said trust. accounts shall còrrespondto the area contained in the corporate boundary 'as the same is adopted and ~ amendedftomtime to time-by action ofthèMeridian CityCouncil. B. Public Facilities Planning Area (service area) shall correspond to the Meridian corporate boundary and Meridian Comprehensive Plan:; and thesáii1eareaadopted as part of Capital ImprOVements' Plan 'approved by the City Council, indicating the designated planning areas IMPACT FEE ORDINANCE - 13 I I 597 services. ,As such the cost for new public park facilities should be borne by new.users of park and recreatiqn facilities tlUheextent new use requires new facilities. Therefore, any application fur a building permit enabling the construction on or after the effective date of this ìmpact fee ordinance shall be subject to the imposition of park and recreationimpact fees in the manner and amount set forth in this section. D. PAYMENT OF PARK IMPACT FEE: Prior to receiving a building permit or commencing construction of any building for which park impact fees are to be paid pursuant to this chapter, wmchever first occurs, thellPplicant therefore must demonstrate that the appropriate impact fee has been paid to the Fee Administrator. The Fee Administrator and/or the Public Works .Department Directqr shall have the authotityto.withhqlda building permit or stop constructio~, as the case may be, until the appropriate ilIJpactfee has been collected. METHODOLOGY: The methodology adopted for the purpose of determining park and recreation. impact fees shall be based upon the, assumptions set. forth in the Comprehensive Plan that, new neighborhood 'and communityparkfaciJities are needed in Meridian to serve gro:wth.Said assUIt1ptions" b,ased upon the Existilig and Future Fa.cilities Approach, set the existing standard for park needs asset lorth in tl1e followingtable: E. . Park Description Existing Standard Neighborhood Parks 0.28 Ac/1,OOO population based upon the existing situation of one five (5) acre neighborhood park per 18,000 population. 1.67 Ac/1,ooDpopulationbased upon the existing situationof two fifteen' acre communit)' parks per .18,OOOpopulation. Parkland Acq.uisition Existing Cost (Oètober 1 1994) $25,000 Existing Cost (October 1 1994) $70,000 $95,000 (existing value of one acre of developed parkland) times D.2g (existing neighborhood park standard) divided by 1000 population = $26.60 ($95,0.0.0 x 0..28 .;- 100.0. =$26.60.) , . $95;000 (existillg value of one acre,ofdevelopedpw:kland) tìmes L67(existing community park standard) divided by }O()()populatjon",; $158,65 (~95,000 x 167.;- 1000 = $158.65) Additionally the Comprehensive Plan and demographic data provided by the AdaPlanning Association during preparation of the Comprehensive Plan assumes the following average numbers of people per dwelling ¡¡nit. Single Family Residential Multi-Family Residential 2.6 persons per dwelling unit 2.0pe¡son~ perdwe11in!\ \lnit F. DEVELOPMENT IMPACT FEE SCHEDULE FOR MERIDIANP ARKS: Pursuant to the assumptions in the MeridianCoß;lprehensive Plan and demographic data provided by Ada Plannillg Association, development impact fees for parks are 'set forth in the following table: IMPACT FEE ORDINANCE - 15 I I 599 Cost per Person SiIigleFamily Multi-Family. $/Residenœ $/Residence Park $ 185.25 $481.65 $370.50 10% Administrative ~ ~ ~ Fee GRAND TOTAL $203.78 $529.82 $407.55 2-12-16: APPJ<;A,LS OF ADMINIS)'RATIVE DECISIONS: Except as otherwise provided in this Chapter, the deCisions of the Fee. AdministråtoriIlay be appealed by the. fee paYertp the City Council. Decisions of the City Council shall be final. A If a fee paYer wishes to appeal, the fee payer shall first file }Vith the Meridian City Clerk, a Notice of Administrative Appeal on the form provided by the Fee Administrator. . All appeals sha11 be filed within thirty (30) dàys after the earlier of: (a) issuánce of a written deCision by tile Fee Administrator; or (b) the Fee Administrator's acceptance of payment of the development ìmpact fee. When filing an appeal, the fee payer shå1l. submit a letter providing a full explanation of the request, the reason for the appeal, as well as all supporting documentation. A fee payer may pay a development ìmpact fee under protest in order to obtainadeve1opmentapproval or building permit and shall not be estopped ITom exercising the right of appeal provided herein, nor sha11such fee påyer be estopped ITomreceiving a refund of any amount deemed to have been illegally collected. B. The Meridian City Clerk shall schedule the appeal before the City Council as soon as practical. The City Council may affirm, reject or revise the decision of the Fee Administrator, providing written findings of fact and conclusions of law. The written decision of the City Council shall be mailed to the fee payer, certified mail, return receipt requested. c. A party aggrieved by the decision of the City Council may, within twenty-eight (28) days of the City Council'sdecisio¡¡, seek judicial/eview by filing a petition in the District Court in the manner provided by Chapter 52, Title 61, Idaho Code. 2-12-17: VESTED RIGHTS: Nothing in this Chapter sha11limit or modifY the rights ofany person to complete any construction for which a lawful building permit was issued prior to the effective date of this ordinance and on which there has been a good faith reliance and a substantial change of position. 2-12-18: OTHER POWERS AND RIGHTS NOT AFFECTED: A Nothing in this Chapter shall prevent the City ITom requiring a developer to construct reasonable project improvements in conjunction with a development project. B. Nothing in this Chapter shall be construed to prevent or prohibit private agreements between property owners or developers and the City in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer including inter-project transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one development project. c. Nothing in this Chapter sha11 obligate the City to approve development which results in extraordinary impact. D. Nothing in this Chapter shall obligate the City to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels as established herein. IMPACT FEE ORDINANCE -17 592 D. E. 2-12-6: as set forth more specifically in the Comprehensive Plan as required byldaho Code 67-8207 (2) (h). After payment of development ìmpact fees to the Fee Administrator or the!:xecution of an agreement for payment of development impact fees, additional ìmpact fees or increa~es in fees may not be assessed unless the numberof service units increases or the scope or schedule of the development changes. In the event of an increase inthe.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. To insure collection of development impact fees, the Fee Administrator may use the following means and methods: (1) Additions to the fee for interest at the highestJegallyallowable rate aswell a~ II penalty of five per cent (5%) for each thirty (30) day period payment is late under the terms of this chapter or the agreement between the developer and the City; . (2) . Withholding the building permit or other approval until the ìmpact fee is paid; (3) Withholding utility services until the ìmpact fee is paid; and (4) Imposition of liens for failure to timely pay the ìmpact fee following the procedures set forth in Chapter 5, Title 45, Idaho Code. . DETERMINATION OF DEVELOPMENT IMPACT FEES: Prior to issuance of a building permit for development, the applicant or owner will be required to pay monetary fees in accordance with this section. It is intended. that thi~ requirement e¡qend to any owner or builder, including the state of Idaho, the United States of America and any other governmental or quasi governmental entity. A. General Formula: The development impact fee per service. unit may not exceed the amount determined by dividing the costs of the capital ìmprovements described in the Capital Improvements Plan and as required by Idaho Code 67-8208(I)(f),by the, totatnumber of projected service units as described in the Comprehensive Plan and as required by Idaho Code 67-8208(1)(g). If the number of new service units projected over a reasonable period of time is less than the total number oherVice units shown by the .approved land use a~sumptions at full development of the service area, the maximum ìmpact fee per service. unit shall be calculated by dividing the costs of the part of the capital improvements necessitated by and attributable to the projected new service units described in Idaho Code .67 -lJ 2 08(1)(g) by the total projected new .service units described in that section. B. An alternative methodology may be used provided that. it can be . demonstrated that such alternative methodology accurately calculates the proportionate share of the impact of the proposed development on the capacity of system ìmprovementsin terms of generally accepted municipal, engineering and planning principles. Challenges to the methodology adopted by any ìmpact fee ordiDallceapproved by the Meridian City Council may be brought by any interested individual within sixty (60) days of the adoption or modification of such ìmpact fee methodology byfilingformal protest with the City of Meridian Clerk who sha11 set the matter for hearing before the City Council within thirty (30) days of receiving such protest. .. The protesting party shall be.specific in identifYing objections to the methodology. The City Council sha11 render a written decision within fifteen (15) days of the closure of the hearing on the protest. The decision oftþ.e City Council sha11 be final. c: In the case of development activity involving a change of use and/or 1ß<Ignitudeofuse in which a building permit is required, the applicant sha11 be required to pay the computed impact fee for any proposed development activity for which the ìmpact fee has not been IMPACT FEE ORDINANCE - 10 I I 5~94 B. 2-12-09: A B. (1) Rebuilding the same amount of floor space ofa structure which was destroyed by fire or other catastrophe, providing the structure is rebuilt and ready for occupancy within two (2) years of the fire or other catastrophe; (2) Remodeling or repairing a structure which 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) Placing a temporary construction trailer or office on a lot; (5) Constructing an addition on a residential structure which does not. increase the number of service units; I (6) . Adding uses that are typically accessory to residential uses, such astennis courts or clubhouses, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements; and (7) Development projects which are commercial, industrial or office projects, or portions of projects that involve commercial, industrial or office uses or building permits. An exemption must be claimed by thefee payer upon applicationfor a building permit. Any exemption not so claimed shall be deemed waived by the fee payer. All requests shall be submitted to and determined by the Fee Administrator. Appeals of the Fee Administrator's determination sha11 be made under the provisions of Section 2-12-16 of this Chapter. CREDITS In the calculation of ìmpact fees for a particular project, credit shan only be given for the present value of any construction of system improvements or contribution or dedièation of land or an interest in land or money ,required by the City from a developer for system improvements. Credit shall not be given for project improvements. A developer who is required to construct, fund or contribute system improvements in excess of the ìmpact fees which would otherwise have been paid by the development project, sha11 be reimbursed for such excess construction, funding or contributionITom analogous ìmpact fees paid by future. development located in the service area which is. benefitted' by such improvements. c. If credit or reimbursement is due to the developer pursuant to this section, the City and the developer shall enter into a written agreement,' .negotiated in good faith, prior to the construction, funding or contribution. The agreement sha11 provide for the amount of credit or the amount,.time and form of reimbursement. D. Any person requesting such credit or .reimbursement shall present documentation of costs or payments for facilities to be considered by the Fee Administrator for use in determining the amount of credit or reimbursement to be given. . The determination shall be made no more than thirty (30) days after complete documentation is submitted to the Fee Administrator. Any appealITomsuch a decision by the Fee Adrninistratorwi1lbe reviewed by the City Council pursuant to the procedures set forth in Section.2~12-16 of this Chapter. I 2-12-10. SUITABIUTY OF. LAND . OFFERED 'FORDEDICA TION In the event that a developer intends to contribute or dedicate an interest in land in lieu of paying impact fees or a portion thereof, the following procedures and criteriáshallbe applied: A The Fee Administrator; with the advice of the appropriate Department Head and the City Attorney, will determine whether the land proposed for dedication is acceptable. He win be guided by the following consideration: IMPACT FEE ORDINANCE - 12 596 C. 2-12-12: A. B. for the public facilities needed, including hut not limited to, those associated with parks and . recreation. All impact fees collected by the Fee Administrator will be promptly deposited into the proper trust account, excepting General Administrative charges which will be directed to the appropriateDepartmentto underwrite the cost of administering this Chapter. IMPACT FEE EXPENDITURES: Except as otherwise provided herein, funds ITomthe Impact Fee Trust Funds, including any accrued interest, shall be limited to the financing of acquisition, expansion, and/or improvement of real property, capital facilities, or for. principal and. interest payments (including sinking fund payments) on bonds or other borrowed revenues used to acquire, expand or ìmprove such faci1ities or services necessitated by the impact of new development within the community. I Trust account funds shall be deemed expended in the order in which they are collected. c. In the event that the Level of Serviqe Standards for public facilities have been met within a particular area ofthe community, the Meridian City Council may authorize the Mayor or his designee, following a public hearing, to expend the funds in another area of the community for system ìmprovements of the same category, in a fair and reasonable proportion to the fees charged. Said authorization shall only be permitted upon a finding that the expenditure will fairly and proportionately mitigate theìmpacts of and will fairly and proportionately benefit the development paying the fees in question. D. In the event compliance with the Level of Service Standard for public facilities meets or exceeds the projected population estimates adopte< in the Comprehensive Plan through the year 2015, the City Council may authorize the Mayor or his designee, following a public hearing, to expend the additional impact fees collected ITom the development in excess of original projections, for system ìmprovements within the community ITom which the fees were collected.. Said authorization shall be permitted upon a finding that the expenditure wil1 mitigate the impacts of and will benefit the development paying the fees in question in a fair and proportionate manner. E. A financial report on the Impact Fee Trust Funds sl1allbe provided annually by the Fee Administrator to the Mayor and Council. F. Any interested citizen may cha1lengethe expenditure of any impact fee funds within one (1) year of said expenditure by filing a written protest withti\e Meridian City Clerk. The City Clerksha1l set the matter for hearing before the City Council within thirty(30) days of the filing. of such. protest. The protesting party sha11 specifically identify the impact fee expenditure and the basis of the protest. The City Council shall render a decision regarding the protest within thirty (30) days after the close of the hearing on thematter. 2-12-13: PARK AND RECREATION IMPACT FEES I A. INCORPORATION OF. STANDARDS: This section addresses the Development Impact Fees collected for Meridian Park and Recreation Service Improvements. The.Meridian Comprehensive Plan as adopted by the Meridian City Council together with the land use, acquisition and construction cost. and service unit.assUl1\ptions upon which said plan is based are hereby incorporated into this section by reference. B. INCORPORATION OF MAPS:. The maps contained within the Comprehensive Plan are hereby incorporated into this section by reference. Copies of said maPs may be obtained at the office of the Meridian City Clerk or viewed and obtained at the Administrative office of Meridian Planning. C. PARKIMP ACT FEE - PURPOSE AND IMPLEi\1ENTATION: 1\11 residential development is deemed to create an in;¡pact and therefore an increased demand for park and recreation IMPACT FEE ORDINANCE - 14 598 Park Description Impact Fee $fPerson Neighborhood Parks Community Parks $2MO 15865 $69.16 41249" $ 5320 317.30 TOTAL $185.25 $481.65 $370.50 (Example: $26.60 x 2.6 per$ons per average SingJeFamily dwelling ùnit = $69. i 6) G. INDIVIDUAL PROJECT ASSESSMENT: An individual project assessment of park impact fees is permitted in situations where the fee payer can demonstrate by clear and convincing evidence that the established impact fee is inappropriate. (1) Written application for individual projectassessmenf shall be made to, the Fee Adm.inistratorprior to receiving building permits' or other necessåry approvals. Late applications for an individual 'projeCt assessment of park impact fees may be considered for a period ofsixty (60) days after the receipt of the building permit only lethe fee payer makes a showing that the facts supporting such application were not known or discoverable prior to receipt of the building permit' and that undue hardship would result if said application is not considered. (2) The Fee Administrator shall render a written decision regarding the individual project assessment of Park Impact Fees within thirty (30) days of the date a complete application is submitted. The decision of the Fee Administrator shall establish the Park Impact Fee for the project: in question fora period of one (1) year ITom the date said decision becomesfirial. The decision of the Fee Administrator shall be forwarded to the Council for action. The Council may accept, reject or revise the Fee Administrator's decision regarding individual project assessment and shall provide written findings offact and conclusions of law. (3) Appeals of the Fee Administrator's determination ofindividual project assessment shall be made to the City Council by the filing of an appeal with the Meridian City Clerk no later than ten (10) days following the date of the decision ofthe Fee Administrator. H. CERTIFICATION: CertificatioRofthe park impact fee schedule for a particular project may be applied for in the following manner. (1) Written application may be made to the Fee Administrator not later than sixty (60) days after preliminary plat approval by the Meridian City Council. Late "applications for certification of the park impact fee schedule will not be considered, unless the fee payer makes a showing that the facts supporting such application were not kriowri òr discoverable until after the time had run and that undue hardship would result if said application is not Considered. ' (2) The Fee Administrator shall provide the applicant with a written park impact fee schedule for the particular project:Wi.thin thirty (30) days of the date of application. Thè certified schedUle provided by the Fee AdminÌstratòr shallbe based upon the Comprehensive Plan and shall establish the park ìmpact fee for the project in question for a period of one (1) year ITom the date of certification. . (3) The certification ofthe park impact fee schedule may be appealed to the Meridian City Council as provided in Section 2-12-16 ofthis Chapter. 2-12-14: ADMINISTRATIVE COSTS: The City ofMeridiansha11 add a ten percent (10%) adminiStrative charge to ìhe impact fees tö administèr this ordinance. The 10% administrativefee wiJlbe added to the subtotal of all applicable impact fees required by this ordinance, 2-12-15: SUMMARY OF IMPACT FEES IMPACT FEE ORDINANCE - 16 I I 600 E. Nothing in thi~,chapter shall be cqnstrued to .create any additional right to develop real property or diminish the powerofthe City in regulating the orderly deVelopment of real property within the service area. F. Nothing in this Chapter shall work to limit the use by the City of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues. 2-12-19: SAVINGS CLAUSE: If any section, subsection, sentence, clause or provision of this Chapter is held invalid, the remainder of this Chaptersha11not be affected bysuch invalidity. ~ It is the intention of the Meridian CitY Council, and it IS hereby ordained that the provisions of this ordinance.shall become. and.be made a part of the Revised and Compiled Ordinances of the City of Meridian. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article" or other appropriate word. I ~ This ordinance shal1be published within and become effective 30 days after the date of its adoptipn. PASSED and ADOPTED by the Council of the City of Meridiari, Idaho, this htday of March, 1996. APPROVlill by the City Council and the Mayor of the City of Meridian, Idaho, this 1st day of March, 1996. . . . APPROVED: I IMPACT FEE ORDINANCE -18 ..i Ift.. ORDINANCE NO. 723 AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING AND CREATING A NEW CHAPTER 12 TO TITLE 2 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, IDAHO; PROVIDING FOR AN IMPACT FEE ON NEW DEVELOPMENT TO PROVIDE FOR PUBLIC FACILITIES, MITIGATE IMPACTS, AND SERVE NEEDS CREATED BY SUCH DEVELOPMENT; PROVIDING FOR SHORT TITLE, APPLICABILITY, PURPOSE, RULES OF CONSTRUCTION, DEFINITIONS, AND GENERAL PROVISIONS; PROVIDING FOR IMPACT FEE COLLECTION AND EXPENDITURES, REFUND OF IMPACT FEES, EXEMPTIONS, CREDITS, AND APPEALS OF ADMINISTRATIVE DECISIONS; PROVIDING FOR PARK AND RECREATION IMPACT FEES AND METHODOLOGY PERTAINING TO PARK AND RECREATION; PROVIDING FOR TRUST ACCOUNTS, VESTED RIGHTS, SEVERABILITY, INCLUSION IN THE REVISED AND COMPILED ORDINANCES, APPROVAL OF THE SUMMARY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Idaho Development Impact Fee Act, Title 67, Chapter 82, Idaho Code, authorizes the imposition of developmental impact fees as an equitable program for planning and financing the public facilities needed to serve new growth and development. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new Chapter 12 is added to Title 2 of the Revised and Compiled Ordinances of the City of Meridian, hereby adopted, created and enacted to read as follows: IMPACT FEE ORDINANCE - 1 CHAPTER 12 MPACT FEE ORDINANCE 2-12-1: SHORT TITLE, APPLICABILITY, AND PURPOSE 2-12-2: RULES OF CONSTRUCTION 2-12-3: DEFINITIONS 2-12-4: GENERAL PROVISIONS 2-12-5: DEVELOPMENT IMPACT FEE - STANDARDS AND PROCEDURES 2-12-6: DETERMINATION OF DEVELOPMENT IMPACT FEES 2-12-7: REFUND OF IMPACT FEES PAID 2-12-8: EXEMPTIONS 2-12-9: CREDITS 2-12-10: SUITABILITY OF LAND OFFERED FOR DEDICATION 2-12-11: IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS 2-12-12: IMPACT FEE EXPENDITURES 2-12-13: PARK AND RECREATION IMPACT FEES 2-12-14: ADMINISTRATIVE COSTS 2-12-15: SUMMARY OF IMPACT FEES 2-12-16: APPEALS OF ADMINISTRATIVE DECISIONS 2-12-17: VESTED RIGHTS 2-12-18: OTHER POWERS AND RIGHTS NOT AFFECTED 2-12-19: SAVINGS CLAUSE 2-12-1: SHORT TITLE, APPLICABILITY, AND PURPOSE: A. This Ordinance shall be known and may be cited as the "City of Meridian Impact Fee Ordinance." B. This Ordinance shall apply to the development of property located within the boundaries of the City of Meridian as well as "service areas" identified in the City of Meridian/Ada County Area of Impact Agreement as the same is amended from time to time. C. The Meridian City Council finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of City of Meridian. It is the intent by enacting this chapter to: (1) Ensure that adequate facilities are available to serve new growth and development; IMPACT FEE ORDINANCE - 2 I.r (2) Promote orderly growth and development by establishing uniform standards by which the City may require that those who benefit from new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development; (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 facilities needed to serve new growth and development and to prevent duplicate and ad hoc development requirements; (4) Collect and expend development impact fees pursuant to the enabling powers granted by the provisions of The Idaho Development Impact Fee Act, Title 67, Chapter 82, Idaho Code; (5) Provide the legal and procedural basis for the implementation of development impact fees within the area of city impact; and (6) Ensure that any capital improvement funded wholly or in part with impact fee revenue shall first be included in an approved capital improvements plan that lists the capital improvements that may be funded with impact fee revenues as well as the estimated costs and timing for each improvement. D. It is intended that this Chapter will be amended as capital improvements plans are approved and adopted as part of the Comprehensive Plan, pursuant to the provisions of Idaho Code 67- 8208, to include specific methodology for the calculation of development impact fees for specific categories of public facilities. Development impact fees shall not be charged, collected or expended for public facilities which are not included in an approved capital improvements plan that lists the capital improvements which may be funded with impact fee revenues, as well as the estimated costs and timing for each improvement. No amendment to this Chapter adopting an impact fee for public facilities or amending or adopting the methodology for calculating an impact fee shall be effective unless approved by ordinance adopted by the Meridian City Council in accordance with the procedural requirements of Idaho Code 67-8206. 2-12-2 RULES OF CONSTRUCTION. A. This Chapter shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety and welfare. B. Unless otherwise stated, the following rules of construction shall apply to the text of this Chapter. (1) If there is any conflict between the text of this Chapter and any table, summary table or illustration, the text shall control. (2) The word "shall" is always mandatory and not discretionary; the word "may" is permissive. IMPACT FEE ORDINANCE - 3 V"W1 (3) The phrase "used for" includes "arranged for", "designed for", or "occupied for". (4) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. (5) The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (6) Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; and use of the masculine gender shall include the feminine. (7) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either... or", the conjunction shall be interpreted as follows: (a) "And" indicates that all the connected terms, conditions, provisions or events shall apply. (b) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (c) "Either... or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. 2-12-3: DEFINITIONS: For the purpose of this Chapter, the following terms, phrases and words shall have the meaning given herein. APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or other official act of the City. APPLICANT: Person who applies for a Building Permit or is otherwise subject to the provisions of this chapter. BUILDER: Person who applies for a Building Permit or is otherwise subject to the provisions of this chapter. BUILDING: Any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind. BUILDING An official document or certificate by that name issued by the Meridian IMPACT FEE ORDINANCE - 4 PERMIT: Public Works Department, authorizing the construction or siting of any building. CAPITAL Improvements with a useful life of ten 10 years or more, by new IMPROVEMENTS: construction or other action, which increase the service capacity of a public facility or service. CAPITAL A plan adopted and amended pursuant to the provisions of The IMPROVEMENTS Development Impact Fee Act, Idaho Code 67-8208, which identifies capital PLAN: improvements for which development impact fees may be used as a funding source. CITY COUNCIL: The City Council of the City of Meridian, Idaho. CITY PARK SYSTEM: Includes all Park and Recreation Facilities operated by the City. COMMUNITY A park planned primarily to provide active and structured recreation activities PARK: for young people and adults. In general, community park facilities are designed for organized activities and sports, although individual and family activities are also encouraged. Community parks can also provide indoor facilities to meet a wider range of recreation interests. Where there are no neighborhood parks, the community park can also serve this function. In comparison to neighborhood parks, community parks serve a much larger area and offer more facilities. Their service area is roughly a 1-2 mile radius, and will support a population of approximately 7,500-15,000 persons, depending upon size and facilities. As a result, they require more support facilities such as parking, rest rooms, covered play areas, etc. Community parks are usually about 20 acres in size and often have sports fields or similar facilities as the central focus of the park. COMPREHENSIVE The City of Meridian Comprehensive Plan known as "The City of Meridian PLAN: Comprehensive Plan" as updated and amended from time to time pursuant to Idaho Code 67-6508. CREDITS: The present value of system or service improvements, contribution or dedication of land or money required by the City from a developer for system or service improvements of the category for which the development impact fee is being collected. DEDICATION: A deliberate appropriation of land by its owner for use as public facilities as the same are defined herein. IMPACT FEE ORDINANCE - 5 ,%WW 14.01 DEVELOPER: Person who applies for a Building Permit or submits a plat or is otherwise subject to the provisions of this chapter. DEVELOPMENT: Any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for public facilities. DEVELOPMENT Any written authorization from the City which authorizes the commencement APPROVAL: of a development. DEVELOPMENT A payment of money imposed as a condition of development approval to IMPACT FEE: pay for a proportionate share of the cost of system or service improvements needed to serve development. This term is also referred to as an impact fee in this ordinance. The term does not include the following: (a) A charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development; (b) Connection or hookup charges; (c) Availability charges for drainage, sewer, water or transportation for services provided directly to the development. (d) Amounts collected from a developer in a transaction in which the governmental entity has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of the capital improvements, unless a written agreement is made pursuant to section 67- 8209 (3) Idaho Code, for credit or reimbursement. DEVELOPMENT A requirement attached to a development approval or other governmental REQUIREMENT: action approving or authorizing a particular development project including, but not limited to, a rezoning, which requirement compels the payment, dedication or contribution of goods, services, land, or money as a condition of approval. DWELLING UNIT: A Building or portion of a Building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living and/or sleeping quarters for one or more persons. Dwelling unit includes mobile home. EXISTING The lawful land use which physically exists or for which the landowner holds DEVELOPMENT: a valid building permit as of the effective date of this ordinance or that maximum level of development activity for which a previous impact fee was paid under the provisions of this Chapter. As used in this Chapter, the term "lawful land use" shall not include a land use which has been established or maintained in violation of this Chapter or applicable codes. IMPACT FEE ORDINANCE - 6 \w/ EXTRAORDINARY Those costs incurred as a result of extraordinary impact. COSTS: EXTRAORDINARY An impact which is reasonably determined by the City to: (I) result in the IMPACT: 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 section 67-8214(2) Idaho Code, or (ii) result in the need for system improvements which are not identified in the capital improvements plan. FEE The official or designee appointed by the Mayor with City Council ADMINISTRATOR: approval, to administer this Chapter. FEE PAYER: A person intending to commence a proposed development for which an impact fee computation is required, or a person who has paid an impact fee, provided a letter of credit, or made a contribution in -lieu -of -fee pursuant to this Chapter. "ACT: The effect on the local public facilities and services in a given area produced by the additional population attracted by development. INDIVIDUAL An assessment of a particular project based upon an agreement between PROJECT a fee payer and the City whereby clear and convincing evidence has ASSESSMENT: established that the impact fee requires adjustment. LAND USE A description of the service area and projections of land uses, densities, ASSUMPTIONS: intensities, and population in the service area over at least a twenty (20) year period. LEVEL OF A measure of the relationship between service capacity and service demand SERVICE: for public facilities. MANUFACTURED A structure, constructed according to HUD/FHA mobile home construction HOME: and safety standards, transportable in one or more sections, which, in the traveling mode, is eight (8) feet 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 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. 5401, et sec. IMPACT FEE ORDINANCE - 7 MOBILE (See also manufactured home) A transportable, factory -built home, designed HOME: to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. MODULAR Any building or building component, other than a manufactured home, which BUILDING: is constructed according to standards contained in the Uniform Building Code, as adopted by the City, or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. NEIGHBORHOOD A combination playground and park, designed primarily for non -supervised, PARK: non -organized recreation activities. They are generally small in size (about 5 acres), and typically serve residents within a half -mile radius. At average residential densities, this amounts to a service area population of about 3,000 to 5,000 residents. Since these parks are located within walking and bicycling distance of most users, the activities they support often become a daily pastime for neighborhood children. NON- Any development project not providing for residential dwelling units. RESIDENTIAL DEVELOPMENT: OWNER: The Person holding legal title to the real property, including the local, state or federal government or any subdivision thereof. PARK AND All park lands and facilities as described in the Comprehensive Plan including FACILITIES: Neighborhood, Community, Linear and Regional Parks as well as Special Use and Open Space Areas together with the park system improvements necessary to support the recreation needs of the population served and to be served as identified in the Plan. PARK PLANNING A statistical area of the Official City of Meridian Corporate Boundary as AREA: determined by annexation boundaries, sometimes referred to as "Service Area." Community Park facilities in Meridian are deemed to serve the entire community and impact fees for such facilities shall be charged equally within the boundaries of the Meridian Area of City Impact, including the City of Meridian. PRESENT VALUE: The total current monetary value of past, present, or future payments, contributions or dedications of goods, services, materials construction or money. PROJECT: A particular development on an identifiable parcel of land. IMPACT FEE ORDINANCE - 8 PROJECT Site improvements and facilities that are planned and designed to provide IMPROVEMENTS: for a particular development project and that are necessary for the use and convenience of the occupants or users of the project. PROPORTIONATE That portion of the cost of system improvements determined pursuant to SHARE: Section 67-8207, Idaho Code, which reasonably relates to the service demands and needs of the project. PUBLIC Shall include: (a) Wastewater collection, treatment and disposal facilities; FACILITIES: (b) Storm water collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; (c) Landscaping associated with roads, streets and bridges and the rights of way associated therewith; (d) Parks, open space and recreation areas, and related capital improvements; and (e) Public safety facilities, including law enforcement, fire, emergency medical and rescue and street lighting facilities. PUBLIC A designated area identified in the Comprehensive Plan and capital facilities FACILITIES plan for which public facilities needs have been determined based upon PLANNING assumptions made in accordance with generally accepted planning and AREA: engineering standards. SERVICE AREA: Any defined geographic area identified by the City in the Comprehensive Plan or by intergovernmental agreement between the City and another governmental entity, in which specific facilities provide service to development within the area defined, on the basis of sound planning or engineering principles or both. SERVICE UNIT: A standardized measure of consumption, use, generation, discharge or need attributable to an individual unit of development calculated in accordance with generally accepted municipal, engineering or planning standards for a particular category of capital improvements. SYSTEM In contrast to project improvements, mean capital improvements to public IMPROVEMENTS: facilities which are designed to provide service to a service area including, without limitation, the type of improvements described in section 50-1703, Idaho Code. SYSTEM Costs incurred for construction or reconstruction of system or service IMPROVEMENT improvements, including design, acquisition, engineering and other costs COSTS: attributable thereto, and also including, without limitation, the type of costs described in section 50-1702 (h), Idaho Code, to provide additional public facilities or services needed to serve new growth and development. For clarification, system improvement costs do not include: IMPACT FEE ORDINANCE - 9 (a) Construction, acquisition or expansion of public facilities or services other than capital improvements identified in the capital improvements plan; (b) Repair, operation or maintenance of existing or new capital improvements; (c) Upgrading, updating, expanding or replacing existing capital improvements in order to meet stricter safety, efficiency, environmental or regulatory standards; (d) Upgrading, updating, expanding or replacing existing capital improvements solely for the purpose of providing better service to existing development; (e) Administrative and operating costs of the City unless such costs are attributable to development of the capital improvements plan, as provided in section 67-8208, Idaho Code; or (0 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. UNIT(S) OF A quantifiable increment of development activity dimensioned in terms of DEVELOPMENT: dwelling units, or other appropriate measurements contained in the impact fee schedule. 2-12-4: GENERAL PROVISIONS: All development is deemed to create an impact and therefore an increased demand for public services. As such, the cost of new public facilities should be borne by new users to the extent new use requires new facilities. Therefore, any application for a building permit enabling the construction on or after the effective date of this impact fee ordinance or any amendment hereto which provides for impact fees for any additional allowed category of public facilities, adopted by the Meridian City Council pursuant to the provisions of Idaho Code 67-8206, shall be subject to the imposition of impact fees in the manner and amount set forth in this Chapter as it is adopted initially or as it is amended as provided for in section 2-12-1 D. hereof. A. Complete applications for building permits received by the Public Works Department prior to the effective date of this Ordinance 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 the Impact Fee Ordinance or amendment enacted after the application, if a complete building permit is issued within 120 days of the effective date of this Ordinance or amendment. A complete application for a building permit shall be defined as including permitted plans signed and sealed by a State of Idaho licensed engineer or architect showing all site work, zoning compliance, architectural, structural, electrical, and plumbing work. Applications for building permits filed prior to the effective date of said Ordinance or amendment but which become null and void shall be subject to the provisions of the Impact Fee Ordinance in the event of reapplication. In the event that an amendment to this Ordinance involves a change in the amount of impact fees charged for a particular category of public facility or services, the fee payer shall pay the lesser impact fee amount, IMPACT FEE ORDINANCE - to vow VAW.r' For building permits which expire or are revoked after the effective date of this Ordinance the fee payer shall be entitled to a refund of previously paid impact fees (see Section 2-12-7) provided that in the case of a reapplication for permit, the impact fee in effect at that time shall be paid. B. All fee payments shall be made to the Fee Administrator prior to the issuance of a building permit unless otherwise agreed to in writing by the City and the Developer; and no building shall commence nor shall a building permit be issued unless and until the applicant has satisfied the provisions of this Chapter. Violations of this provision shall be subject to the sanctions set forth in Section 2-12-05 E. C. This Chapter shall not be construed to subject any development to double payment of the same impact fees. D. A Development Impact Fee shall not be deemed invalid because the intended improvement for which the fee was paid may result in an incidental benefit to owners or developers within a service area other than the person's paying the fee. E. Compliance with this Chapter shall not excuse the applicant from compliance with all other governmental development regulations. Building and/or use permits may be withheld until all such requirements are met. F. The Council 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 which exceed the amount of the anticipated impact fees from such development. If the Council determines that a proposed development activity would create such an extraordinary impact on the City's public facilities and services system, the Council may refuse to approve the proposed development activity and/or may recommend to the other affected government agencies that the project not be approved. In the alternative, the Council may calculate a pro rata share per service unit of the extraordinary impact and charge an impact fee greater than the fee indicated by use of the fee schedule. G. Individual project assessments of development impact fees may be made by application to the Fee Administrator who shall evaluate such individual project assessments under the guidelines provided for in Section 2-12-13 G. of this Chapter. If the guidelines are met, the individual project assessment shall be recommended for approval by the Fee Administrator and forwarded to the City Council for approval within thirty (30) days of receiving such application. An adverse recommendation by the Fee Administrator may be appealed to the Council under Section 2-12-13 G(3) of this Chapter. Final determination regarding project assessments shall be made by the City Council. H. The Development Impact Fee Advisory Committee shall periodically review the contents of the adopted Impact Fee Ordinance and, when appropriate, make recommendations for revisions to the Meridian City Council. The Meridian City Council shall consider the IMPACT FEE ORDINANCE - 11 Development Impact Fee Advisory Committee's recommended revision(s) to the City of Meridian Development Impact Fee Ordinance at least once every twelve (12) months. The Development Impact Fee Advisory Committee's recommendations and the City Council's action are intended to ensure that the benefits to a fee paying development are equitable, in that the fee charged the development shall not exceed a proportionate share of the costs of system improvements, and the procedures for administering impact fees remain efficient. 2-12-5: DEVELOPMENT IMPACT FEE - STANDARDS AND PROCEDURES: The development impact fee reflects the need for capital improvements to public facilities or services made necessary by new development. Any person requesting a building permit for development or who is otherwise subject to this Chapter, shall pay the impact fee equal to the sum of impact fees reflected in the Impact Fee Schedules set forth in the Meridian City Code and determined pursuant to the following: A. The development impact fee shall not exceed a "proportionate share" of the costs incurred or the costs that will be incurred by the City in the provision of "system improvements" to serve the new development. B. The "proportionate share" is the cost attributable to the new development after consideration by the City of the following factors: (1) Any appropriate credit, offset or contribution of money, dedication of land, or construction of system improvements; (2) Payments reasonably anticipated to be made by or as a result of the new development in the form of user fees, debt service payments, or taxes which are dedicated for system improvements for which development impact fees would otherwise be imposed; (3) All other available sources of funding such system improvements. C. In determining the "proportionate share" of the cost of system improvements to be paid by the developer, the following additional factors shall be considered. (1) The cost of existing system improvements within the service area or areas impacted by the new development; (2) The means by which existing system improvements have been financed; (3) The extent to which the new development will contribute to the cost of system improvements through taxation, assessments, or developer or landowner contributions; (4) The extent to which the new development is required to contribute to the cost of existing system improvements in the future; IMPACT FEE ORDINANCE - 12 (5) The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas impacted by the new development; (6) Extraordinary costs, if any, incurred in serving the new development; (7) The time and price differential inherent in a fair comparison of fees paid at different times; and (8) The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation as set forth more specifically in the Comprehensive Plan as required by Idaho Code 67-8207 (2) (h)- D. After payment of development impact fees to the Fee Administrator or the execution of an agreement for payment of development impact fees, additional impact fees or increases in fees may not be assessed unless the number of service units increases or the scope or schedule of the development changes. In the event of an increase in the number of service units or schedule of the development changes, the additional development impact fees to be imposed are limited to the amount attributable to the additional service units or change in scope of the development. E. To insure collection of development impact fees, the Fee Administrator may use the following means and methods: (1) Additions to the fee for interest at the highest legally allowable rate as well as a penalty of five per cent (5%) for each thirty (30) day period payment is late under the terms of this chapter or the agreement between the developer and the City; (2) Withholding the building permit or other approval until the impact fee is paid; (3) Withholding utility services until the impact fee is paid; and (4) Imposition of liens for failure to timely pay the impact fee following the procedures set forth in Chapter 5, Title 45, Idaho Code. 2-12-6: DETERMINATION OF DEVELOPMENT IMPACT FEES: Prior to issuance of a building permit for development, the applicant or owner will be required to pay owner or builder, including the state of Idaho, the United States of America anmonetary fees in accordance with this section. It is intended that this requirement extend to any governmental or quasi governmental entity. d any other A. General Formula: The development impact fee per service unit may not exceed the amount determined by dividing the costs of the capital improvements described in the Capital IMPACT FEE ORDINANCE - 13 Improvements Plan and as required by Idaho Code 67-8208(1)(f), by the total number of projected service units as described in the Comprehensive Plan and as required by Idaho Code 67-8208(1)(g). If the number of new service units projected over a reasonable period of time is less than the total number of service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee per service unit shall be calculated by dividing the costs of the part of the capital improvements necessitated by and attributable to the projected new service units described in Idaho Code 67-8208(1)(g) by the total projected new service units described in that section. B. An alternative methodology may be used provided that it can be demonstrated that such alternative methodology accurately calculates the proportionate share of the impact of the proposed development on the capacity of system improvements in terms of generally accepted municipal, engineering and planning principles. Challenges to the methodology adopted by any impact fee ordinance approved by the Meridian City Council may be brought by any interested individual within sixty (60) days of the adoption or modification of such impact fee methodology by filing formal protest with the City of Meridian Clerk who shall set the matter for hearing before the City Council within thirty (30) days of receiving such protest. The protesting party shall be specific in identifying objections to the methodology. The City Council shall render a written decision within fifteen (15) days of the closure of the hearing on the protest. The decision of the City Council shall be final. C. In the case of development activity involving a change of use and/or magnitude of use in which a building permit is required, the applicant shall be required to pay the computed impact fee for any proposed development activity for which the impact fee has not been previously paid. When any building permit expires or is revoked after the effective date of this Ordinance and a fee has not previously been paid under this Chapter the applicant shall be required to comply with the provisions herein. No refunds will be given for proposed development activity resulting in a negative fee calculation. D. No impact fee payment shall be required for any development activity when the total calculated fee is less than five dollars ($5.00). E. If the type of dwelling unit within a proposed or current development is not specified in the impact fee schedule, the Fee Administrator shall use the dwelling unit most nearly comparable in computing the fee. This determination shall be made at the discretion of the Fee Administrator, with appeal to the City Council if the Applicant disagrees with the Fee Administrator's determination. F. In determining existing development activity and the units of proposed or existing development, the Fee Administrator shall use the building permit or zoning certificate of use information contained in the building or zoning records of the City of Meridian. IMPACT FEE ORDINANCE - 14 G. A development impact fee will be assessed for installation of a modular building, manufactured home or mobile home unless the fee payer can demonstrate by documentation such as utility bills and tax records either: (1) That a modular building, manufactured home or mobile home was legally in place on the lot or space prior to the effective date of this Chapter; or (2) That a development impact fee has been paid previously for the installation of a modular building, manufactured home or mobile home on that same lot or space. 2-12-7: REFUND OF IMPACT FEES PAID: A. The fee payer or current owner shall be entitled to a refund of the impact fee if (1) a building permit encompassing fee paying development expires or is revoked, or (2) if the public facility for which the fee was paid is available but never provided, or (3) the City, after collecting the fee when the public facility for which the fee was paid is not available, has failed to appropriate and expend the collected development impact fees within ten (10) years on a first - in, first -out (FIFO) basis, except that the City shall retain the General Administrative or Specified Administrative Charge portion of the fee to cover the cost of the administration of the impact fee calculation, collection and refund. However, no refund shall be provided for the cost of completed improvements contributed in lieu of fee unless otherwise provided for in a development agreement. B. Any impact fee trust funds refunded shall be returned to the fee payer or current owner by the Fee Administrator with accrued interest at one half (1/2) the legal rate as provided for in Idaho Code 28-22-104. The fee payer or current owner shall be required to submit a written request for refund to the Fee Administrator before issuance of the refund can be authorized. No refunds of development impact fees will be provided for in the event the fee payer or current owner does not request such a refund prior to the expiration of one year following the ten (10) year period from the date the development impact fee was paid. C. Refunds shall be sent to the fee payer, or person entitled to such refund, within ninety (90) days of their approval by the City. D. Funds shall be deemed expended for purposes of this Chapter when payment of said funds has been approved by the City of Meridian. 2-12-8: EXEMPTIONS: A. The following shall be exempted from payment of Development Impact Fees: (1) Rebuilding the same amount of floor space of a structure which was destroyed by fire or other catastrophe, providing the structure is rebuilt and ready for occupancy within two (2) years of the fire or other catastrophe; IMPACT FEE ORDINANCE - 15 (2) Remodeling or repairing a structure which 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) Placing a temporary construction trailer or office on a lot; (5) Constructing an addition on a residential structure which does not increase the number of service units; (6) Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouses, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements; and (7) Development projects which are commercial, industrial or office projects, or portions of projects that involve commercial, industrial or office uses or building permits. B. An exemption must be claimed by the fee payer upon application for a building permit. Any exemption not so claimed shall be deemed waived by the fee payer. All requests shall be submitted to and determined by the Fee Administrator. Appeals of the Fee Administrator's determination shall be made under the provisions of Section 2-12-16 of this Chapter. 2-12-09: CREDITS A. In the calculation of impact fees for a particular project, credit shall only be given for the present value of any construction of system improvements or contribution or dedication of land or an interest in land or money required by the City from a developer for system improvements. Credit shall not be given for project improvements. B. A developer who is required to construct, fund or contribute system improvements in excess of the impact fees which would otherwise have been paid by the development project, shall be reimbursed for such excess construction, funding or contribution from analogous impact fees paid by future development located in the service area which is benefitted by such improvements. C. If credit or reimbursement is due to the developer pursuant to this section, the City and the developer shall enter into a written agreement, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement. D. Any person requesting such credit or reimbursement shall present documentation of costs or payments for facilities to be considered by the Fee Administrator for use in determining the amount of credit or reimbursement to be given. The determination shall be made no more than thirty (30) days after complete documentation is submitted to the Fee Administrator, IMPACT FEE ORDINANCE - 16 Any appeal from such a decision by the Fee Administrator will be reviewed by the City Council pursuant to the procedures set forth in Section 2-12-16 of this Chapter. 2-12-10. SUITABILITY OF LAND OFFERED FOR DEDICATION In the event that a developer intends to contribute or dedicate an interest in land in lieu of paying impact fees or a portion thereof, the following procedures and criteria shall be applied: A. The Fee Administrator, with the advice of the appropriate Department Head and the City Attorney, will determine whether the land proposed for dedication is acceptable. He will be guided by the following consideration: 1. Size: The size of the parcel is expressed as a net amount and is exclusive of street right-of-way, existing and proposed easements, borrow pits, lakes and other man- made or natural conditions which restrict or impede the intended use of such areas. 2. Unity: The land to be dedicated shall form a single parcel of land except where aforesaid review determines that two or more parcels would be in the best public interest. 3. Shape: The configuration of the parcel of land is such as to be usable for public facilities purposes as determined by the City. 4. Location: The land to be dedicated is so located as to serve the needs of the development, by being within the Service Area and/or Public Facilities Service Zone. Access: Appropriate access to the land to be dedicated is provided by improved public street frontage. 6. Utility: Dedicated land should be usable for public facilities purposes and meet the following criteria prior to its final acceptance by the City Council: (a) The property is platted and ready to be developed so that no funds would be required to be expended for site development. (b) All utilities are in place and are at the perimeter of the site and include roads, walks, curbs, water lines, sewer lines, electric service lines, and telephone service lines. (c) All utilities are of sufficient quality and quantity to adequately service the site (d) The property is filled and compacted to comply with all appropriate subdivision codes, building and zoning codes, and flood insurance laws and regulations. The fill and compaction are of sufficient quality to accept the improvements contemplated. IMPACT FEE ORDINANCE - 17 r_J 7. Plans: City, Regional and State plans shall be taken into consideration when evaluating land proposals for dedication. 8. The Fee Administrator shall determine, based on specific review of each application, whether the proposed site contains the requisite site characteristics consistent with public facilities criteria. This determination shall be in writing and shall specify the reasons the site was approved or denied credit for inclusion in the land dedication requirement. The Fee Administrator's determination shall be made within thirty (30) days from the date of receipt of the request and shall be forwarded to the Council for action. The Council may affirm, reject or revise the determination of the Fee Administrator providing written findings of fact and conclusions of law. B. Appeals of the Fee Administrator's determination of land suitability shall be made to the City Council by the filing of an appeal with the Meridian City Clerk no later than ten (10) days following the date of the decision of the Fee Administrator. 2-12-11: IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS: A. All impact fees will be deposited in a designated "Trust Fund". Interest -bearing trust accounts shall be established and maintained by the City of Meridian; said trust accounts shall correspond to the area contained in the corporate boundary as the same is adopted and amended from time to time by action of the Meridian City Council. B. Public Facilities Planning Area (service area) shall correspond to the Meridian corporate boundary and Meridian Comprehensive Plan, and the same area adopted as part of Capital Improvements Plan approved by the City Council, indicating the designated planning areas for the public facilities needed, including but not limited to, those associated with parks and recreation. C. All impact fees collected by the Fee Administrator will be promptly deposited into the proper trust account, excepting General Administrative charges which will be directed to the appropriate Department to underwrite the cost of administering this Chapter. 2-12-12: IMPACT FEE EXPENDITURES: A. Except as otherwise provided herein, funds from the Impact Fee Trust Funds, including any accrued interest, shall be limited to the financing of acquisition, expansion, and/or improvement of real property, capital facilities, or for principal and interest payments (including sinking fund payments) on bonds or other borrowed revenues used to acquire, expand or improve such facilities or services necessitated by the impact of new development within the community. B. Trust account funds shall be deemed expended in the order in which they are collected. IMPACT FEE ORDINANCE - 1S C. In the event that the Level of Service Standards for public facilities have been met within a particular area of the community, the Meridian City Council may authorize the Mayor or his designee, following a public hearing, to expend the funds in another area of the community for system improvements of the same category, in a fair and reasonable proportion to the fees charged. Said authorization shall only be permitted upon a finding that the expenditure will fairly and proportionately mitigate the impacts of and will fairly and proportionately benefit the development paying the fees in question. D. In the event compliance with the Level of Service Standard for public facilities meets or exceeds the projected population estimates adopted in the Comprehensive Plan through the year 2015, the City Council may authorize the Mayor or his designee, following a public hearing, to expend the additional impact fees collected from the development in excess of original projections, for system improvements within the community from which the fees were collected. Said authorization shall be permitted upon a finding that the expenditure will mitigate the impacts of and will benefit the development paying the fees in question in a fair and proportionate manner. E. A financial report on the Impact Fee Trust Funds shall be provided annually by the Fee Administrator to the Mayor and Council. F. Any interested citizen may challenge the expenditure of any impact fee funds within one (1) year of said expenditure by filing a written protest with the Meridian City Clerk. The City Clerk shall set the matter for hearing before the City Council within thirty (30) days of the filing of such protest. The protesting party shall specifically identify the impact fee expenditure and the basis of the protest. The City Council shall render a decision regarding the protest within thirty (30) days after the close of the hearing on the matter. 2-12-13: PARK AND RECREATION IMPACT FEES A. INCORPORATION OF STANDARDS: This section addresses the Development Impact Fees collected for Meridian Park and Recreation Service Improvements. The Meridian Comprehensive Plan as adopted by the Meridian City Council together with the land use, acquisition and construction cost and service unit assumptions upon which said plan is based are hereby incorporated into this section by reference. B. INCORPORATION OF MAPS: The maps contained within the Comprehensive Plan are hereby incorporated into this section by reference. Copies of said maps may be obtained at the office of the Meridian City Clerk or viewed and obtained at the Administrative office of Meridian Planning. C. PARK IMPACT FEE - PURPOSE AND M'LEMENTATION: All residential development is deemed to create an impact and therefore an increased demand for park and recreation services. As such the cost for new public park facilities should be borne by new users of park and recreation facilities to the extent new use requires new facilities. Therefore, any application for a building permit enabling the construction on or after the effective date of this IMPACT FEE ORDINANCE - 19 impact fee ordinance shall be subject to the imposition of park and recreation impact fees in the manner and amount set forth in this section. D. PAYMENT OF PARK EMPACT FEE: Prior to receiving a building permit or commencing construction of any building for which park impact fees are to be paid pursuant to this chapter, whichever first occurs, the applicant therefore must demonstrate that the appropriate impact fee has been paid to the Fee Administrator. The Fee Administrator and/or the Public Works Department Director shall have the authority to withhold a building permit or stop construction, as the case may be, until the appropriate impact fee has been collected. E. METHODOLOGY: The methodology adopted for the purpose of determining park and recreation impact fees shall be based upon the assumptions set forth in the Comprehensive Plan that new neighborhood and community park facilities are needed in Meridian to serve growth. Said assumptions, based upon the Existing and Future Facilities Approach, set the existing standard for park needs as set forth in the following table: Park Description Ex'-' Standard Neighborhood Parks 0.28 Ac/1,000 population based upon the existing situation of one five (5) acre neighborhood park per 18,000 population. Community Parks 1.67 Ac/1,000 population based upon the existing situation of two fifteen acre community parks per 18,000 population. Parkland Acquisition Existin ost Oct_ obey 1 1994) One acre (developable) $25 000 Parkland Im r vem nt Exi tin ost cto r 1 1994 Develop one acre $70,000 Total service cost per acre $95,000 Cost per person calculations: $95,000 (existing value of one acre of developed parkland) times 0.28 (existing neighborhood Park standard) divided by 1000 population = $26.60 ($95,000 x 0.28 _ 1000=$26.60) $95,000 (existing value of one acre of developed parkland) times 1.67 (existing community park standard) divided by 1000 population = $158.65 ($95,000 x 1.67 _ 1000 = $158.65) IMPACT FEE ORDINANCE - 20 Additionally the Comprehensive Plan and demographic data provided by the Ada Planning Association during preparation of the Comprehensive Plan assumes the following average numbers of people per dwelling unit. Single Family Residential 2.6 persons per dwelling unit Multi -Family Residential 2.0 persons per dwelling unit F. DEVELOPMENT IMPACT FEE SCHEDULE FOR MERIDIAN PARKS: Pursuant to the assumptions in the Meridian Comprehensive Plan and demographic data provided by Ada Planning Association, development impact fees for parks are set forth in the following table: Park Descri tion _Impact Fee $/Person Single Family Multi Family evidence $/Residence Neighborhood Parks $26.60 $ 69.16 $ 53.20 Community Parks 158.65 412.49 317.30 TOTAL $185.25 $481.65 $370.50 (Example: $26.60 x 2.6 persons per average Single Family dwelling unit = $69.16) G. INDIVIDUAL PROJECT ASSESSMENT: An individual project assessment of park impact fees is permitted in situations where the fee payer can demonstrate by clear and convincing evidence that the established impact fee is inappropriate. (1) Written application for individual project assessment shall be made to the Fee Administrator prior to receiving building permits or other necessary approvals. Late applications for an individual project assessment of park impact fees may be considered for a period of sixty (60) days after the receipt of the building permit only if the fee payer makes a showing that the facts supporting such application were not known or discoverable prior to receipt of the building permit and that undue hardship would result if said application is not considered. (2) The Fee Administrator shall render a written decision regarding the individual project assessment of Park Impact Fees within thirty (30) days of the date a complete application is submitted. The decision of the Fee Administrator shall establish the Park Impact Fee for the project in question for a period of one (1) year from the date said decision becomes final. The decision of the Fee Administrator shall be forwarded to the Council for action. The Council may accept, reject or revise the Fee Administrator's decision regarding individual project assessment and shall provide written findings of fact and conclusions of law. (3) Appeals of the Fee Administrator's determination of individual project assessment shall be made to the City Council by the filing of an appeal with the Meridian City Clerk no later than ten (10) days following the date of the decision of the Fee Administrator. IMPACT FEE ORDINANCE - 21 ."Op, "%.. H. CERTIFICATION: Certification of the park impact fee schedule for a particular project may be applied for in the following manner. (1) Written application may be made to the Fee Administrator not later than sixty (60) days after preliminary plat approval by the Meridian City Council. Late applications for certification of the park impact fee schedule will not be considered unless the fee payer makes a showing that the facts supporting such application were not known or discoverable until after the time had run and that undue hardship would result if said application is not considered. (2) The Fee Administrator shall provide the applicant with a written park impact fee schedule for the particular project within thirty (30) days of the date of application. The certified schedule provided by the Fee Administrator shall be based upon the Comprehensive Plan and shall establish the park impact fee for the project in question for a period of one (1) year from the date of certification. (3) The certification of the park impact fee schedule may be appealed to the Meridian City Council as provided in Section 2-12-16 of this Chapter. 2-12-14: ADMINISTRATIVE COSTS: The City of Meridian shall add a ten percent (10%) administrative charge to the impact fees to administer this ordinance. The 10% administrative fee will be added to the subtotal of all applicable impact fees required by this ordinance. 2-12-15: SUMMARY OF IMPACT FEES Description Cost R er PersOn Single Family Multi -Family $/Residence $/Residence Park $ 185.25 $481.65 $370.50 10% Administrative 8 53 48.17 37.05 Fee GRAND TOTAL $203,78 $529.82 $407.55 2-12-16: APPEALS OF ADMINISTRATIVE DECISIONS: Except as otherwise provided in this Chapter, the decisions of the Fee Administrator may be appealed by the fee payer to the City Council. Decisions of the City Council shall be final. A. If a fee payer wishes to appeal, the fee payer shall first file with the Meridian City Clerk, a Notice of Administrative Appeal on the form provided by the Fee Administrator. All appeals shall be filed within thirty (30) days after the earlier of: (a) issuance of a written decision by the Fee Administrator; or (b) the Fee Administrator's acceptance of payment of the IMPACT FEE ORDINANCE - 22 development impact fee. When filing an appeal, the fee payer shall submit a letter providing a full explanation of the request, the reason for the appeal, as well as all supporting documentation. A fee payer may pay a development impact fee under protest in order to obtain a development approval or building permit and shall not be estopped from exercising the right of appeal provided herein, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected. B. The Meridian City Clerk shall schedule the appeal before the City Council as soon as practical. The City Council may affirm, reject or revise the decision of the Fee Administrator, providing written findings of fact and conclusions of law. The written decision of the City Council shall be mailed to the fee payer, certified mail, return receipt requested. C. A party aggrieved by the decision of the City Council may, within twenty-eight (28) days of the City Council's decision, seek judicial review by filing a petition in the District Court in the manner provided by Chapter 52, Title 67, Idaho Code. 2-12-17: VESTED RIGHTS: Nothing in this Chapter shall limit or modify the rights of any person to complete any construction for which a lawful building permit was issued prior to the effective date of this ordinance and on which there has been a good faith reliance and a substantial change of position. 2-12-18: OTHER POWERS AND RIGHTS NOT AFFECTED: A. Nothing in this Chapter shall prevent the City from requiring a developer to construct reasonable project improvements in conjunction with a development project. B. Nothing in this Chapter shall be construed to prevent or prohibit private agreements between property owners or developers and the City in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer including inter -project transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one development project. C. Nothing in this Chapter shall obligate the City to approve development which results in extraordinary impact. D. Nothing in this Chapter shall obligate the City to approve any development request whi established herein. ch may reasonably be expected to reduce levels of service below minimum acceptable levels as E. Nothing in this Chapter shall be construed to create any additional right to develop real property or diminish the power of the City in regulating the orderly development of real property within the service area. IMPACT FEE ORDINANCE - 23 F. Nothing in this Chapter shall work to limit the use by the City of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues. 2-12-19: SAVINGS CLAUSE: If any section, subsection, sentence, clause or provision of this Chapter is held invalid, the remainder of this Chapter shall not be affected by such invalidity. ti n 2 It is the intention of the Meridian City Council, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Revised and Compiled Ordinances of the City of Meridian. The sections of this ordinance may berenumbered or relettered to accomplish such y intention, and the word 'ordinance" may be changed to "section", article"or other appropriate word. Section 3 This ordinance shall be published within and become effective 30 days after the date of its adoption. PASSED and ADOPTED by the Council of the City of Meridian, Idaho, this </- of %, 1996. day APPROVED by the City Council and the Mayor of the City of Meridian, Idaho, this �''` of �I-C& 1996. ATTEST: IMPACT FEE ORDINANCE - 24 APPROVED: YOR ORDINANCE NO. 723 AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING AND CREATING A NEW CHAPTER 12 TO TITLE 2 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, IDAHO; PROVIDING FOR AN IMPACT FEE ON NEW DEVELOPMENT TO PROVIDE FOR PUBLIC FACILITIES, MITIGATE IMPACTS, AND SERVE NEEDS CREATED BY SUCH DEVELOPMENT; PROVIDING FOR SHORT TITLE, APPLICABILITY, PURPOSE, RULES OF CONSTRUCTION, DEFINITIONS, AND GENERAL PROVISIONS; PROVIDING FOR IMPACT FEE COLLECTION AND EXPENDITURES, REFUND OF IMPACT FEES, EXEMPTIONS, CREDITS, AND APPEALS OF ADMINISTRATIVE DECISIONS; PROVIDING FOR PARK AND RECREATION IMPACT FEES AND METHODOLOGY PERTAINING TO PARK AND RECREATION; PROVIDING FOR TRUST ACCOUNTS, VESTED RIGHTS, SEVERABILITY, INCLUSION IN THE REVISED AND COMPILED ORDINANCES, APPROVAL OF THE SUMMARY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Idaho Development Impact Fee Act, Title 67, Chapter 82, Idaho Code, authorizes the imposition of developmental impact fees as an equitable program for planning and financing the public facilities needed to serve new growth and development. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new Chapter 12 is added to Title 2 of the Revised and Compiled Ordinances of the City of Meridian, hereby adopted, created and enacted to read as follows: CHAPTER 12 IMPACT FEE ORDINANCE IMPACT FEE ORDINANCE - 1 2-12-1: SHORT TITLE, APPLICABILITY, AND PURPOSE 2-12-2: RULES OF CONSTRUCTION 2-12-3: DEFINITIONS 2-12-4: GENERAL PROVISIONS 2-12-5: DEVELOPMENT IMPACT FEE - STANDARDS AND PROCEDURES 2-12-6: DETERMINATION OF DEVELOPMENT IMPACT FEES 2-12-7: REFUND OF IMPACT FEES PAID 2-12-8: EXEMPTIONS 2-12-9: CREDITS 2-12-10: SUITABILITY OF LAND OFFERED FOR DEDICATION 2-12-11: IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS 2-12-12: IMPACT FEE EXPENDITURES 2-12-13: PARK AND RECREATION IMPACT FEES 2-12-14: ADMINISTRATIVE COSTS 2-12-15: SUMMARY OF IMPACT FEES 2-12-16: APPEALS OF ADMINISTRATIVE DECISIONS 2-12-17: VESTED RIGHTS 2-12-18: OTHER POWERS AND RIGHTS NOT AFFECTED 2-12-19: SAVINGS CLAUSE 2-12-1: SHORT TITLE, APPLICABILITY, AND PURPOSE: A. This Ordinance shall be known and may be cited as the "City of Meridian Impact Fee Ordinance." B. This Ordinance shall apply to the development of property located within the boundaries of the City of Meridian as well as "service areas" identified in the City of Meridian/Ada County Area of Impact Agreement as the same is amended from time to time. C. The Meridian City Council finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of City of Meridian. It is the intent by enacting this chapter to: IMPACT FEE ORDINANCE - 2 (1) Ensure that adequate facilities are available to serve new growth and development; (2) Promote orderly growth and development by establishing uniform standards by which the City may require that those who benefit from new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development; (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 facilities needed to serve new growth and development and to prevent duplicate and ad hoc development requirements; (4) Collect and expend development impact fees pursuant to the enabling powers granted by the provisions of The Idaho Development Impact Fee Act, Title 67, Chapter 82, Idaho Code; (5) Provide the legal and procedural basis for the implementation of development impact fees within the area of city impact; and (6) Ensure that any capital improvement funded wholly or in part with impact fee revenue shall first be included in an approved capital improvements plan that lists the capital improvements that may be funded with impact fee revenues as well as the estimated costs and timing for each improvement. D. It is intended that this Chapter will be amended as capital improvements plans are approved and adopted as part of the Comprehensive Plan, pursuant to the provisions of Idaho Code 67-8208, to include specific methodology for the calculation of development impact fees for specific categories of public facilities. Development impact fees shall not be charged, collected or expended for public facilities which are not included in an approved capital improvements plan that lists the capital improvements which may be funded with impact fee revenues, as well as the estimated costs and timing for each improvement. No amendment to this Chapter adopting an impact fee for public facilities or amending or adopting the methodology for calculating an impact fee shall be effective unless IMPACT FEE ORDINANCE - 3 approved by ordinance adopted by the Meridian City Council in accordance with the procedural requirements of Idaho Code 67-8206. 2-12-2 RULES OF CONSTRUCTION. A. This Chapter shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety and welfare. B. Unless otherwise stated, the following rules of construction shall apply to the text of this Chapter. (1) If there is any conflict between the text of this Chapter and any table, summary table or illustration, the text shall control. (2) The word "shall" is always mandatory and not discretionary; the word "may" is permissive. (3) The phrase "used for" includes "arranged for", "designed for", or "occupied for". (4) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. (5) The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (6) Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; and use of the masculine gender shall include the feminine. (7) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either... or", the conjunction shall be interpreted as follows: IMPACT FEE ORDINANCE - 4 (a) "And" indicates that all the connected terms, conditions, provisions or events shall apply. (b) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combina- tion. (c) “Either... or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. 2-12-3: DEFINITIONS: For the purpose of this Chapter, the following terms, phrases and words shall have the meaning given herein. APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or other official act of the City. APPLICANT: Person who applies for a Building Permit or is otherwise subject to the provisions of this chapter. BUILDER: Person who applies for a Building Permit or is otherwise subject to the provisions of this chapter. BUILDING: Any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind. BUILDING An official document or certificate by that name issued by the Meridian PERMIT: Public Works Department, authorizing the construction or siting of any building. CAPITAL Improvements with a useful life of ten (10) years or more, by new IMPROVEMENTS: construction or other action, which increase the service capacity of a public facility or service. IMPACT FEE ORDINANCE - 5 CAPITAL A plan adopted and amended pursuant to the provisions of The IMPROVEMENTS Development Impact Fee Act, Idaho Code 67-8208, which identifies capital PLAN: improvements for which development impact fees may be used as a funding source. CITY COUNCIL: The City Council of the City of Meridian, Idaho. CITY PARK SYSTEM: Includes all Park and Recreation Facilities operated by the City. COMMUNITY A park planned primarily to provide active and structured recreation activities PARK: for young people and adults. In general, community park facilities are designed for organized activities and sports, although individual and family activities are also encouraged. Community parks can also provide indoor facilities to meet a wider range of recreation interests. Where there are no neighborhood parks, the community park can also serve this function. In comparison to neighborhood parks, community parks serve a much larger area and offer more facilities. Their service area is roughly a 1-2 mile radius, and will support a population of approximately 7,500-15,000 persons, depending upon size and facilities. As a result, they require more support facilities such as parking, rest rooms, covered play areas, etc. Community parks are usually about 20 acres in size and often have sports fields or similar facilities as the central focus of the park. COMPREHENSIVE The City of Meridian Comprehensive Plan known as "The City of Meridian PLAN: Comprehensive Plan" as updated and amended from time to time pursuant to Idaho Code 67-6508. CREDITS: The present value of system or service improvements, contribution or dedication of land or money required by IMPACT FEE ORDINANCE - 6 the City from a developer for system or service improvements of the category for which the development impact fee is being collected. DEDICATION: A deliberate appropriation of land by its owner for use as public facilities as the same are defined herein. DEVELOPER: Person who applies for a Building Permit or submits a plat or is otherwise subject to the provisions of this chapter. DEVELOPMENT: Any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for public facilities. DEVELOPMENT Any written authorization from the City which authorizes the commencement APPROVAL: of a development. DEVELOPMENT A payment of money imposed as a condition of development approval to IMPACT FEE: pay for a proportionate share of the cost of system or service improvements needed to serve development. This term is also referred to as an impact fee in this ordinance. The term does not include the following: (a) A charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development; (b) Connection or hookup charges; (c) Availability charges for drainage, sewer, water or transportation for services provided directly to the development. (d) Amounts collected from a developer in a transaction in which the governmental entity has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of the capital improvements, unless a written agreement is made pursuant to section 67-8209 (3) Idaho Code, for credit or reimbursement. IMPACT FEE ORDINANCE - 7 DEVELOPMENT A requirement attached to a development approval or other governmental REQUIREMENT: action approving or authorizing a particular development project including, but not limited to, a rezoning, which requirement compels the payment, dedication or contribution of goods, services, land, or money as a condition of approval. DWELLING UNIT: A Building or portion of a Building designed for or whose primary purpose is for residential occupancy, and which consists of one or more rooms which are arranged, designed or used as living and/or sleeping quarters for one or more persons. Dwelling unit includes mobile home. EXISTING The lawful land use which physically exists or for which the landowner holds DEVELOPMENT: a valid building permit as of the effective date of this ordinance or that maximum level of development activity for which a previous impact fee was paid under the provisions of this Chapter. As used in this Chapter, the term “lawful land use” shall not include a land use which has been established or maintained in violation of this Chapter or applicable codes. EXTRAORDINARY Those costs incurred as a result of extraordinary impact. COSTS: EXTRAORDINARY An impact which is reasonably determined by the City to: (I) result in the IMPACT: 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 section 67-8214(2) Idaho Code, or (ii) result in the need for system improvements which are not identified in the capital improvements plan. IMPACT FEE ORDINANCE - 8 FEE The official or designee appointed by the Mayor with City Council ADMINISTRATOR: approval, to administer this Chapter. FEE PAYER: A person intending to commence a proposed development for which an impact fee computation is required, or a person who has paid an impact fee, provided a letter of credit, or made a contribution in-lieu-of-fee pursuant to this Chapter. IMPACT: The effect on the local public facilities and services in a given area produced by the additional population attracted by development. INDIVIDUAL An assessment of a particular project based upon an agreement between PROJECT a fee payer and the City whereby clear and convincing evidence has ASSESSMENT: established that the impact fee requires adjustment. LAND USE A description of the service area and projections of land uses, densities, ASSUMPTIONS: intensities, and population in the service area over at least a twenty (20) year period. LEVEL OF A measure of the relationship between service capacity and service demand SERVICE: for public facilities. MANUFACTURED A structure, constructed according to HUD/FHA mobile home construction HOME: and safety standards, transportable in one or more sections, which, in the traveling mode, is eight (8) feet 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 IMPACT FEE ORDINANCE - 9 meets all the 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. 5401, et sec. MOBILE (See also manufactured home) A transportable, factory-built home, designed HOME: to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. MODULAR Any building or building component, other than a manufactured home, which BUILDING: is constructed according to standards contained in the Uniform Building Code, as adopted by the City, or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. NEIGHBORHOOD A combination playground and park, designed primarily for non-supervised, PARK: non-organized recreation activities. They are generally small in size (about 5 acres), and typically serve residents within a half-mile radius. At average residential densities, this amounts to a service area population of about 3,000 to 5,000 residents. Since these parks are located within walking and bicycling distance of most users, the activities they support often become a daily pastime for neighborhood children. NON- Any development project not providing for residential dwelling units. RESIDENTIAL DEVELOPMENT: OWNER: The Person holding legal title to the real property, including the local, state or federal government or any subdivision thereof. IMPACT FEE ORDINANCE - 10 PARK AND All park lands and facilities as described in the Comprehensive Plan including FACILITIES: Neighborhood, Community, Linear and Regional Parks as well as Special Use and Open Space Areas together with the park system improvements necessary to support the recreation needs of the population served and to be served as identified in the Plan. PARK PLANNING A statistical area of the Official City of Meridian Corporate Boundary as AREA: determined by annexation boundaries, sometimes referred to as “Service Area.” Community Park facilities in Meridian are deemed to serve the entire community and impact fees for such facilities shall be charged equally within the boundaries of the Meridian Area of City Impact, including the City of Meridian. PRESENT VALUE: The total current monetary value of past, present, or future payments, contributions or dedications of goods, services, materials construction or money. PROJECT: A particular development on an identifiable parcel of land. PROJECT Site improvements and facilities that are planned and designed to provide IMPROVEMENTS: for a particular development project and that are necessary for the use and convenience of the occupants or users of the project. PROPORTIONATE That portion of the cost of system improvements determined pursuant to SHARE: Section 67-8207, Idaho Code, which reasonably relates to the service demands and needs of the project. IMPACT FEE ORDINANCE - 11 PUBLIC Shall include: (a) Wastewater collection, treatment and disposal facilities; FACILITIES: (b) Storm water collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; © Landscaping associated with roads, streets and bridges and the rights of way associated therewith; (d) Parks, open space and recreation areas, and related capital improvements; and (e) Public safety facilities, including law enforcement, fire, emergency medical and rescue and street lighting facilities. PUBLIC A designated area identified in the Comprehensive Plan and capital facilities FACILITIES plan for which public facilities needs have been determined based upon PLANNING assumptions made in accordance with generally accepted planning and AREA: engineering standards. SERVICE AREA: Any defined geographic area identified by the City in the Comprehensive Plan or by intergovernmental agreement between the City and another governmental entity, in which specific facilities provide service to development within the area defined, on the basis of sound planning or engineering principles or both. SERVICE UNIT: A standardized measure of consumption, use, generation, discharge or need attributable to an individual unit of development calculated in accordance with generally accepted municipal, engineering or planning standards for a particular category of capital improvements. SYSTEM In contrast to project improvements, mean capital improvements to public IMPROVEMENTS: facilities which are designed to provide service to a service area including, without limitation, the type of improvements described in section 50-1703, Idaho Code. SYSTEM Costs incurred for construction or reconstruction of system or service IMPROVEMENT improvements, including design, acquisition, engineering and other costs COSTS: IMPACT FEE ORDINANCE - 12 attributable thereto, and also including, without limitation, the type of costs described in section 50-1702 (h), Idaho Code, to provide additional public facilities or services needed to serve new growth and development. For clarification, system improvement costs do not include: (a) Construction, acquisition or expansion of public facilities or services other than capital improvements identified in the capital improvements plan; (b) Repair, operation or maintenance of existing or new capital improvements; (c) Upgrading, updating, expanding or replacing existing capital improvements in order to meet stricter safety, efficiency, environmental or regulatory standards; (d) Upgrading, updating, expanding or replacing existing capital improvements solely for the purpose of providing better service to existing development; (e) Administrative and operating costs of the City unless such costs are attributable to development of the capital improvements plan, as provided in section 67-8208, Idaho Code; or (f) Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the City to finance capital improvements identified in the capital improvements plan. UNIT(S) OF A quantifiable increment of development activity dimensioned in terms of DEVELOPMENT: dwelling units, or other appropriate measurements contained in the impact fee schedule. 2-12-4: GENERAL PROVISIONS: All development is deemed to create an impact and therefore an increased demand for public services. As such, the cost of new public facilities should be borne by new users to the extent new use requires new facilities. Therefore, any application for a building permit enabling the construction on or after the effective date of this impact fee ordinance or any amendment hereto which provides for impact fees for any additional allowed category of IMPACT FEE ORDINANCE - 13 public facilities, adopted by the Meridian City Council pursuant to the provisions of Idaho Code 67-8206, shall be subject to the imposition of impact fees in the manner and amount set forth in this Chapter as it is adopted initially or as it is amended as provided for in section 2-12-1 D. hereof. A. Complete applications for building permits received by the Public Works Department prior to the effective date of this Ordinance 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 the Impact Fee Ordinance or amendment enacted after the application, if a complete building permit is issued within 120 days of the effective date of this Ordinance or amendment. A complete application for a building permit shall be defined as including permitted plans signed and sealed by a State of Idaho licensed engineer or architect showing all site work, zoning compliance, architectural, structural, electrical, and plumbing work. Applications for building permits filed prior to the effective date of said Ordinance or amendment but which become null and void shall be subject to the provisions of the Impact Fee Ordinance in the event of reapplication. In the event that an amendment to this Ordinance involves a change in the amount of impact fees charged for a particular category of public facility or services, the fee payer shall pay the lesser impact fee amount. For building permits which expire or are revoked after the effective date of this Ordinance the fee payer shall be entitled to a refund of previously paid impact fees (see Section 2-12-7) provided that in the case of a reapplication for permit, the impact fee in effect at that time shall be paid. B. All fee payments shall be made to the Fee Administrator prior to the issuance of a building permit unless otherwise agreed to in writing by the City and the Developer; and no building shall commence nor shall a building permit be issued unless and until the applicant has satisfied the provisions of this Chapter. Violations of this provision shall be subject to the sanctions set forth in Section 2-12-05 E. C. This Chapter shall not be construed to subject any development to double payment of the same impact fees. IMPACT FEE ORDINANCE - 14 D. A Development Impact Fee shall not be deemed invalid because the intended improvement for which the fee was paid may result in an incidental benefit to owners or developers within a service area other than the person's paying the fee. E. Compliance with this Chapter shall not excuse the applicant from compliance with all other governmental development regulations. Building and/or use permits may be withheld until all such requirements are met. F. The Council 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 which exceed the amount of the anticipated impact fees from such development. If the Council determines that a proposed development activity would create such an extraordinary impact on the City's public facilities and services system, the Council may refuse to approve the proposed development activity and/or may recommend to the other affected government agencies that the project not be approved. In the alternative, the Council may calculate a pro rata share per service unit of the extraordinary impact and charge an impact fee greater than the fee indicated by use of the fee schedule. G. Individual project assessments of development impact fees may be made by application to the Fee Administrator who shall evaluate such individual project assessments under the guidelines provided for in Section 2-12-13 G. of this Chapter. If the guidelines are met, the individual project assessment shall be recommended for approval by the Fee Administrator and forwarded to the City Council for approval within thirty (30) days of receiving such application. An adverse recommendation by the Fee Administrator may be appealed to the Council under Section 2-12-13 G(3) of this Chapter. Final determination regarding project assessments shall be made by the City Council. H. The Development Impact Fee Advisory Committee shall periodically review the contents of the adopted Impact Fee Ordinance and, when appropriate, make recommendations for revisions to the Meridian City IMPACT FEE ORDINANCE - 15 Council. The Meridian City Council shall consider the Development Impact Fee Advisory Committee’s recommended revision(s) to the City of Meridian Development Impact Fee Ordinance at least once every twelve (12) months. The Development Impact Fee Advisory Committee’s recommendations and the City Council's action are intended to ensure that the benefits to a fee paying development are equitable, in that the fee charged the development shall not exceed a proportionate share of the costs of system improvements, and the procedures for administering impact fees remain efficient. 2-12-5: DEVELOPMENT IMPACT FEE - STANDARDS AND PROCEDURES: The development impact fee reflects the need for capital improvements to public facilities or services made necessary by new development. Any person requesting a building permit for development or who is otherwise subject to this Chapter, shall pay the impact fee equal to the sum of impact fees reflected in the Impact Fee Schedules set forth in the Meridian City Code and determined pursuant to the following: A. The development impact fee shall not exceed a "proportionate share" of the costs incurred or the costs that will be incurred by the City in the provision of "system improvements" to serve the new development. B. The "proportionate share" is the cost attributable to the new development after consideration by the City of the following factors: (1) Any appropriate credit, offset or contribution of money, dedication of land, or construction of system improvements; (2) Payments reasonably anticipated to be made by or as a result of the new development in the form of user fees, debt service payments, or taxes which are dedicated for system improvements for which development impact fees would otherwise be imposed; (3) All other available sources of funding such system improvements. IMPACT FEE ORDINANCE - 16 C. In determining the "proportionate share" of the cost of system improvements to be paid by the developer, the following additional factors shall be considered. (1) The cost of existing system improvements within the service area or areas impacted by the new development; (2) The means by which existing system improvements have been financed; (3) The extent to which the new development will contribute to the cost of system improvements through taxation, assessments, or developer or landowner contributions; (4) The extent to which the new development is required to contribute to the cost of existing system improvements in the future; (5) The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas impacted by the new development; (6) Extraordinary costs, if any, incurred in serving the new development; (7) The time and price differential inherent in a fair comparison of fees paid at different times; and (8) The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation as set forth more specifically in the Comprehensive Plan as required by Idaho Code 67-8207 (2) (h). D. After payment of development impact fees to the Fee Administrator or the execution of an agreement for payment of development impact fees, additional impact fees or increases in fees may not be assessed unless the number of service units increases or the scope or schedule of the development changes. In the event of an increase in the number of service units or schedule of the development changes, the additional development impact fees to be imposed are limited to the amount IMPACT FEE ORDINANCE - 17 attributable to the additional service units or change in scope of the development. E. To insure collection of development impact fees, the Fee Administrator may use the following means and methods: (1) Additions to the fee for interest at the highest legally allowable rate as well as a penalty of five per cent (5%) for each thirty (30) day period payment is late under the terms of this chapter or the agreement between the developer and the City; (2) Withholding the building permit or other approval until the impact fee is paid; (3) Withholding utility services until the impact fee is paid; and (4) Imposition of liens for failure to timely pay the impact fee following the procedures set forth in Chapter 5, Title 45, Idaho Code. 2-12-6: DETERMINATION OF DEVELOPMENT IMPACT FEES: Prior to issuance of a building permit for development, the applicant or owner will be required to pay monetary fees in accordance with this section. It is intended that this requirement extend to any owner or builder, including the state of Idaho, the United States of America and any other governmental or quasi governmental entity. A. General Formula: The development impact fee per service unit may not exceed the amount determined by dividing the costs of the capital improvements described in the Capital Improvements Plan and as required by Idaho Code 67-8208(1)(f), by the total number of projected service units as described in the Comprehensive Plan and as required by Idaho Code 67-8208(1)(g). If the number of new service units projected over a reasonable period of time is less than the total number of service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee per service unit shall be calculated by dividing the costs of the part of the capital improvements necessitated by and attributable to the projected new service units described in Idaho Code IMPACT FEE ORDINANCE - 18 67-8208(1)(g) by the total projected new service units described in that section. B. An alternative methodology may be used provided that it can be demonstrated that such alternative methodology accurately calculates the proportionate share of the impact of the proposed development on the capacity of system improvements in terms of generally accepted municipal, engineering and planning principles. Challenges to the methodology adopted by any impact fee ordinance approved by the Meridian City Council may be brought by any interested individual within sixty (60) days of the adoption or modification of such impact fee methodology by filing formal protest with the City of Meridian Clerk who shall set the matter for hearing before the City Council within thirty (30) days of receiving such protest. The protesting party shall be specific in identifying objections to the methodology. The City Council shall render a written decision within fifteen (15) days of the closure of the hearing on the protest. The decision of the City Council shall be final. C. In the case of development activity involving a change of use and/or magnitude of use in which a building permit is required, the applicant shall be required to pay the computed impact fee for any proposed development activity for which the impact fee has not been previously paid. When any building permit expires or is revoked after the effective date of this Ordinance and a fee has not previously been paid under this Chapter the applicant shall be required to comply with the provisions herein. No refunds will be given for proposed development activity resulting in a negative fee calculation. D. No impact fee payment shall be required for any development activity when the total calculated fee is less than five dollars ($5.00). E. If the type of dwelling unit within a proposed or current development is not specified in the impact fee schedule, the Fee Administrator shall use the dwelling unit most nearly comparable in computing the fee. This determination shall be made at the discretion of the Fee Administrator, with appeal to the City Council if the Applicant disagrees with the Fee Administrator's determination. IMPACT FEE ORDINANCE - 19 F. In determining existing development activity and the units of proposed or existing development, the Fee Administrator shall use the building permit or zoning certificate of use information contained in the building or zoning records of the City of Meridian. G. A development impact fee will be assessed for installation of a modular building, manufactured home or mobile home unless the fee payer can demonstrate by documentation such as utility bills and tax records either: (1) That a modular building, manufactured home or mobile home was legally in place on the lot or space prior to the effective date of this Chapter; or (2) That a development impact fee has been paid previously for the installation of a modular building, manufactured home or mobile home on that same lot or space. 2-12-7: REFUND OF IMPACT FEES PAID: A. The fee payer or current owner shall be entitled to a refund of the impact fee if (1) a building permit encompassing fee paying development expires or is revoked, or (2) if the public facility for which the fee was paid is available but never provided, or (3) the City, after collecting the fee when the public facility for which the fee was paid is not available, has failed to appropriate and expend the collected development impact fees within ten (10) years on a first-in, first-out (FIFO) basis, except that the City shall retain the General Administrative or Specified Administrative Charge portion of the fee to cover the cost of the administration of the impact fee calculation, collection and refund. However, no refund shall be provided for the cost of completed improvements contributed in lieu of fee unless otherwise provided for in a development agreement. B. Any impact fee trust funds refunded shall be returned to the fee payer or current owner by the Fee Administrator with accrued interest at one half (½) the legal rate as provided for in Idaho Code 28-22-104. The fee payer or current owner shall be required to submit a written request for refund to the Fee Administrator before issuance of the refund can be authorized. No refunds of development IMPACT FEE ORDINANCE - 20 impact fees will be provided for in the event the fee payer or current owner does not request such a refund prior to the expiration of one year following the ten (10) year period from the date the development impact fee was paid. C. Refunds shall be sent to the fee payer, or person entitled to such refund, within ninety (90) days of their approval by the City. D. Funds shall be deemed expended for purposes of this Chapter when payment of said funds has been approved by the City of Meridian. 2-12-8: EXEMPTIONS: A. The following shall be exempted from payment of Development Impact Fees: (1) Rebuilding the same amount of floor space of a structure which was destroyed by fire or other catastrophe, providing the structure is rebuilt and ready for occupancy within two (2) years of the fire or other catastrophe; (2) Remodeling or repairing a structure which 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) Placing a temporary construction trailer or office on a lot; (5) Constructing an addition on a residential structure which does not increase the number of service units; (6) Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouses, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements; and IMPACT FEE ORDINANCE - 21 (7) Development projects which are commercial, industrial or office projects, or portions of projects that involve commercial, industrial or office uses or building permits. B. An exemption must be claimed by the fee payer upon application for a building permit. Any exemption not so claimed shall be deemed waived by the fee payer. All requests shall be submitted to and determined by the Fee Administrator. Appeals of the Fee Administrator's determination shall be made under the provisions of Section 2-12-16 of this Chapter. 2-12-09: CREDITS A. In the calculation of impact fees for a particular project, credit shall only be given for the present value of any construction of system improvements or contribution or dedication of land or an interest in land or money required by the City from a developer for system improvements. Credit shall not be given for project improvements. B. A developer who is required to construct, fund or contribute system improvements in excess of the impact fees which would otherwise have been paid by the development project, shall be reimbursed for such excess construction, funding or contribution from analogous impact fees paid by future development located in the service area which is benefitted by such improvements. C. If credit or reimbursement is due to the developer pursuant to this section, the City and the developer shall enter into a written agreement, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement. D. Any person requesting such credit or reimbursement shall present documentation of costs or payments for facilities to be considered by the Fee Administrator for use in determining the amount of credit or reimbursement to be given. The determination shall be made no more than thirty (30) days after complete documentation is submitted to the Fee Administrator. Any appeal from such a decision by the Fee Administrator will be reviewed by the City Council pursuant to the procedures set forth in Section 2-12-16 of this Chapter. 2-12-10. SUITABILITY OF LAND OFFERED FOR DEDICATION In the event that a developer intends to contribute or dedicate an interest in land in lieu of paying impact fees or a portion thereof, the following procedures and criteria shall be applied: A. The Fee Administrator, with the advice of the appropriate Department Head and the City Attorney, will determine whether the land proposed for dedication is acceptable. He will be guided by the following consideration: 1. Size: The size of the parcel is expressed as a net amount and is exclusive of street right-of-way, existing and proposed easements, borrow pits, lakes and other man-made or natural conditions which restrict or impede the intended use of such areas. 2. Unity: The land to be dedicated shall form a single parcel of land except where aforesaid review determines that two or more parcels would be in the best public interest. IMPACT FEE ORDINANCE - 22 3. Shape: The configuration of the parcel of land is such as to be usable for public facilities purposes as determined by the City. 4. Location: The land to be dedicated is so located as to serve the needs of the development, by being within the Service Area and/or Public Facilities Service Zone. 5. Access: Appropriate access to the land to be dedicated is provided by improved public street frontage. 6. Utility: Dedicated land should be usable for public facilities purposes and meet the following criteria prior to its final acceptance by the City Council: (a) The property is platted and ready to be developed so that no funds would be required to be expended for site development. (b) All utilities are in place and are at the perimeter of the site and include roads, walks, curbs, water lines, sewer lines, electric service lines, and telephone service lines. (c) All utilities are of sufficient quality and quantity to adequately service the site. (d) The property is filled and compacted to comply with all appropriate subdivision codes, building and zoning codes, and flood insurance laws and regulations. The fill and compaction are of sufficient quality to accept the improvements contemplated. 7. Plans: City, Regional and State plans shall be taken into consideration when evaluating land proposals for dedication. 8. The Fee Administrator shall determine, based on specific review of each application, whether the proposed site contains the requisite site characteristics consistent with public facilities criteria. This determination shall be in writing and shall specify the reasons the site was approved or denied credit for inclusion in the land dedication requirement. The Fee Administrator’s determination shall be made within thirty (30) days from the date of receipt of the request and shall be forwarded to the Council for action. The Council may affirm, reject or revise the determination of the Fee Administrator providing written findings of fact and conclusions of law. B. Appeals of the Fee Administrator’s determination of land suitability shall be made to the City Council by the filing of an appeal with the Meridian City Clerk no later than ten (10) days following the date of the decision of the Fee Administrator. 2-12-11: IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS: A. All impact fees will be deposited in a designated "Trust Fund". Interest-bearing trust accounts shall be established and maintained by the City of Meridian; said trust accounts shall correspond to the area contained in the corporate boundary as the same is adopted and amended from time to time by action of the Meridian City Council. B. Public Facilities Planning Area (service area) shall correspond to the Meridian corporate boundary and Meridian Comprehensive Plan, and IMPACT FEE ORDINANCE - 23 the same area adopted as part of Capital Improvements Plan approved by the City Council, indicating the designated planning areas for the public facilities needed, including but not limited to, those associated with parks and recreation. C. All impact fees collected by the Fee Administrator will be promptly deposited into the proper trust account, excepting General Administrative charges which will be directed to the appropriate Department to underwrite the cost of administering this Chapter. 2-12-12: IMPACT FEE EXPENDITURES: A. Except as otherwise provided herein, funds from the Impact Fee Trust Funds, including any accrued interest, shall be limited to the financing of acquisition, expansion, and/or improvement of real property, capital facilities, or for principal and interest payments (including sinking fund payments) on bonds or other borrowed revenues used to acquire, expand or improve such facilities or services necessitated by the impact of new development within the community. B. Trust account funds shall be deemed expended in the order in which they are collected. C. In the event that the Level of Service Standards for public facilities have been met within a particular area of the community, the Meridian City Council may authorize the Mayor or his designee, following a public hearing, to expend the funds in another area of the community for system improvements of the same category, in a fair and reasonable proportion to the fees charged. Said authorization shall only be permitted upon a finding that the expenditure will fairly and proportionately mitigate the impacts of and will fairly and proportionately benefit the development paying the fees in question. D. In the event compliance with the Level of Service Standard for public facilities meets or exceeds the projected population estimates adopted in the Comprehensive Plan through the year 2015, the City Council may authorize the Mayor or his designee, following a public hearing, to expend the additional impact fees collected from the development in excess of original projections, for system improvements within the community from which the fees were collected. Said authorization IMPACT FEE ORDINANCE - 24 shall be permitted upon a finding that the expenditure will mitigate the impacts of and will benefit the development paying the fees in question in a fair and proportionate manner. E. A financial report on the Impact Fee Trust Funds shall be provided annually by the Fee Administrator to the Mayor and Council. F. Any interested citizen may challenge the expenditure of any impact fee funds within one (1) year of said expenditure by filing a written protest with the Meridian City Clerk. The City Clerk shall set the matter for hearing before the City Council within thirty (30) days of the filing of such protest. The protesting party shall specifically identify the impact fee expenditure and the basis of the protest. The City Council shall render a decision regarding the protest within thirty (30) days after the close of the hearing on the matter. 2-12-13: PARK AND RECREATION IMPACT FEES A. INCORPORATION OF STANDARDS: This section addresses the Development Impact Fees collected for Meridian Park and Recreation Service Improvements. The Meridian Comprehensive Plan as adopted by the Meridian City Council together with the land use, acquisition and construction cost and service unit assumptions upon which said plan is based are hereby incorporated into this section by reference. B. INCORPORATION OF MAPS: The maps contained within the Comprehensive Plan are hereby incorporated into this section by reference. Copies of said maps may be obtained at the office of the Meridian City Clerk or viewed and obtained at the Administrative office of Meridian Planning. C. PARK IMPACT FEE - PURPOSE AND IMPLEMENTATION: All residential development is deemed to create an impact and therefore an increased demand for park and recreation services. As such the cost for new public park facilities should be borne by new users of park and recreation facilities to the extent new use requires new facilities. Therefore, any application for a building permit enabling the construction on or after the effective date of this impact fee ordinance shall be subject to the imposition of park and recreation impact fees in the manner and amount set forth in this section. IMPACT FEE ORDINANCE - 25 D. PAYMENT OF PARK IMPACT FEE: Prior to receiving a building permit or commencing construction of any building for which park impact fees are to be paid pursuant to this chapter, whichever first occurs, the applicant therefore must demonstrate that the appropriate impact fee has been paid to the Fee Administrator. The Fee Administrator and/or the Public Works Department Director shall have the authority to withhold a building permit or stop construction, as the case may be, until the appropriate impact fee has been collected. E. METHODOLOGY: The methodology adopted for the purpose of determining park and recreation impact fees shall be based upon the assumptions set forth in the Comprehensive Plan that new neighborhood and community park facilities are needed in Meridian to serve growth. Said assumptions, based upon the Existing and Future Facilities Approach, set the existing standard for park needs as set forth in the following table: Park Description Existing Standard Neighborhood Parks 0.28 Ac/1,000 population based upon the existing situation of one five (5) acre neighborhood park per 18,000 population. Community Parks 1.67 Ac/1,000 population based upon the existing situation of two fifteen acre community parks per 18,000 population. IMPACT FEE ORDINANCE - 26 Parkland Acquisition Existing Cost (October 1, 1994) One acre (developable) $25,000 Parkland Improvements Existing Cost (October 1, 1994) Develop one acre $70,000 Total service cost per acre $95,000 Cost per person calculations: $95,000 (existing value of one acre of developed parkland) times 0.28 (existing neighborhood park standard) divided by 1000 population = $26.60 ($95,000 x 0.28  1000 =$26.60) $95,000 (existing value of one acre of developed parkland) times 1.67 (existing community park standard) divided by 1000 population = $158.65 ($95,000 x 1.67  1000 = $158.65) Additionally the Comprehensive Plan and demographic data provided by the Ada Planning Association during preparation of the Comprehensive Plan assumes the following average numbers of people per dwelling unit. Single Family Residential 2.6 persons per dwelling unit Multi-Family Residential 2.0 persons per dwelling unit F. DEVELOPMENT IMPACT FEE SCHEDULE FOR MERIDIAN PARKS: Pursuant to the assumptions in the Meridian Comprehensive Plan and demographic data provided by Ada Planning Association, development impact fees for parks are set forth in the following table: Park Description Impact Fee Single Family Multi Family $/Person $/Residence $/Residence Neighborhood $26.60 $ 69.16 $ 53.20 Parks Community 158.65 412.49 317.30 IMPACT FEE ORDINANCE - 27 Parks $185.25 $481.65 $370.50 TOTAL (Example: $26.60 x 2.6 persons per average Single Family dwelling unit = $69.16) G. INDIVIDUAL PROJECT ASSESSMENT: An individual project assessment of park impact fees is permitted in situations where the fee payer can demonstrate by clear and convincing evidence that the established impact fee is inappropriate. (1) Written application for individual project assessment shall be made to the Fee Administrator prior to receiving building permits or other necessary approvals. Late applications for an individual project assessment of park impact fees may be considered for a period of sixty (60) days after the receipt of the building permit only if the fee payer makes a showing that the facts supporting such application were not known or discoverable prior to receipt of the building permit and that undue hardship would result if said application is not considered. (2) The Fee Administrator shall render a written decision regarding the individual project assessment of Park Impact Fees within thirty (30) days of the date a complete application is submitted. The decision of the Fee Administrator shall establish the Park Impact Fee for the project in question for a period of one (1) year from the date said decision becomes final. The decision of the Fee Administrator shall be forwarded to the Council for action. The Council may accept, reject or revise the Fee Administrator’s decision regarding individual project assessment and shall provide written findings of fact and conclusions of law. (3) Appeals of the Fee Administrator’s determination of individual project assessment shall be made to the City Council by the filing of an appeal with the Meridian City Clerk no later than ten (10) days following the date of the decision of the Fee Administrator. H. CERTIFICATION: Certification of the park impact fee schedule for a particular project may be applied for in the following manner. IMPACT FEE ORDINANCE - 28 (1) Written application may be made to the Fee Administrator not later than sixty (60) days after preliminary plat approval by the Meridian City Council. Late applications for certification of the park impact fee schedule will not be considered unless the fee payer makes a showing that the facts supporting such application were not known or discoverable until after the time had run and that undue hardship would result if said application is not considered. (2) The Fee Administrator shall provide the applicant with a written park impact fee schedule for the particular project within thirty (30) days of the date of application. The certified schedule provided by the Fee Administrator shall be based upon the Comprehensive Plan and shall establish the park impact fee for the project in question for a period of one (1) year from the date of certification. (3) The certification of the park impact fee schedule may be appealed to the Meridian City Council as provided in Section 2-12-16 of this Chapter. 2-12-14: ADMINISTRATIVE COSTS: The City of Meridian shall add a ten percent (10%) administrative charge to the impact fees to administer this ordinance. The 10% administrative fee will be added to the subtotal of all applicable impact fees required by this ordinance. 2-12-15: SUMMARY OF IMPACT FEES Description Cost per Single Multi-Family Person Family $/Residence $/Residenc e Park $ 185.25 $481.65 $370.50 10% 18.53 37.05 Administrative 48.17 Fee $203.78 $529.82 $407.55 GRAND TOTAL 2-12-16: APPEALS OF ADMINISTRATIVE DECISIONS: IMPACT FEE ORDINANCE - 29 Except as otherwise provided in this Chapter, the decisions of the Fee Administrator may be appealed by the fee payer to the City Council. Decisions of the City Council shall be final. A. If a fee payer wishes to appeal, the fee payer shall first file with the Meridian City Clerk, a Notice of Administrative Appeal on the form provided by the Fee Administrator. All appeals shall be filed within thirty (30) days after the earlier of: (a) issuance of a written decision by the Fee Administrator; or (b) the Fee Administrator's acceptance of payment of the development impact fee. When filing an appeal, the fee payer shall submit a letter providing a full explanation of the request, the reason for the appeal, as well as all supporting documentation. A fee payer may pay a development impact fee under protest in order to obtain a development approval or building permit and shall not be estopped from exercising the right of appeal provided herein, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected. B. The Meridian City Clerk shall schedule the appeal before the City Council as soon as practical. The City Council may affirm, reject or revise the decision of the Fee Administrator, providing written findings of fact and conclusions of law. The written decision of the City Council shall be mailed to the fee payer, certified mail, return receipt requested. C. A party aggrieved by the decision of the City Council may, within twenty-eight (28) days of the City Council’s decision, seek judicial review by filing a petition in the District Court in the manner provided by Chapter 52, Title 67, Idaho Code. 2-12-17: VESTED RIGHTS: Nothing in this Chapter shall limit or modify the rights of any person to complete any construction for which a lawful building permit was issued prior to the effective date of this ordinance and on which there has been a good faith reliance and a substantial change of position. 2-12-18: OTHER POWERS AND RIGHTS NOT AFFECTED: IMPACT FEE ORDINANCE - 30 A. Nothing in this Chapter shall prevent the City from requiring a devel oper to const ruct reaso nable proje ct impro veme nts in conju nctio n with a devel opme nt proje ct. B. Nothing in this Chapter shall be construed to prevent or prohibit private agreements between property owners or developers and the City in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer including inter-project transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one development project. C. Nothing in this Chapter shall obligate the City to approve development which results in extraordinary impact. D. Nothing in this Chapter shall obligate the City to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels as established herein. IMPACT FEE ORDINANCE - 31 E. Nothing in this Chapter shall be construed to create any additional right to develop real property or diminish the power of the City in regulating the orderly development of real property within the service area. F. Nothing in this Chapter shall work to limit the use by the City of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues. 2-12-19: SAVINGS CLAUSE: If any section, subsection, sentence, clause or provision of this Chapter is held invalid, the remainder of this Chapter shall not be affected by such invalidity. Section 2. It is the intention of the Meridian City Council, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Revised and Compiled Ordinances of the City of Meridian. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article" or other appropriate word. Section 3. This ordinance shall be published within and become effective 30 days after the date of its adoption. PASSED and ADOPTED by the Council of the City of Meridian, Idaho, this 1st day of March, 1996. APPROVED by the City Council and the Mayor of the City of Meridian, Idaho, this 1st day of March, 1996. APPROVED: MAYOR ROBERT D. CORRIE ATTEST: IMPACT FEE ORDINANCE - 32 WILLIAM G. BERG, JR., CITY CLERK IMPACT FEE ORDINANCE - 33