HomeMy WebLinkAbout1996 03-01~, ~,
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MERIDIAN CITY COUNCIL MARCH 1. 1996
The Special meeting of the Meridian City Council meeting was called to order by Mayor
Robert D. Corrie at 8:00 A.M.:
MEMBERS PRESENT: Walt Morrow, Ron Tolsma, Charlie Rountree, Glenn Bentley:
OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles:
Corrie: I will open the special meeting for the third reading of the Ordinance #723 by title
only. For the record the Mayor and City Clerk and all Council members and City Attorney
are present. Mr. Crookston would you like to read Ordinance #723 by title only.
Crookston: I will
(ORDINANCE #723 READ BY TITLE ONLY AS ATTACHED)
Morrow: Mr. Mayor, having met all the statutory requirements I would move that we adopt
Ordinance #723.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we adopt Ordinance
#723 of this third and final reading, all those approved say aye? Opposed? Roll Call Vote
am sorry.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Corrie: I will entertain a motion that the summary or ordinance #723 of the City of Meridian
be adopted to printed in the paper.
Morrow: So moved
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the summary of the
Ordinance #723 be published in the paper, all those in favor say aye? Oppose?
MOTION CARRIED: All Yea
Corrie: Thank you gentleman for coming at this early hour of the morning, I will entertain
a motion to adjourn.
SLJNII~IARY OF ORDINANCE 723
THE IMPACT FEE ORDINANCE
OF THE CITY OF MERIDIAN
AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER
12, TO TITLE 2, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY
OF MERIDIAN WHICH SHALL BE KNOWN AS THE "IMPACT FEE ORDINANCE" AND
WHICH ORDINANCE PROVIDES FOR A SHORT TITLE AND APPLICABILITY
STATEMENT, RULES OF CONSTRUCTION, DEFINITIONS, GENERAL PROVISIONS,
DEVELOPMENT IMPACT FEE STANDARDS AND PROCEDURES, DETERMINATION OF
DEVELOPMENT IMPACT FEES, REFUND OF IMPACT FEES PAID, EXEMPTIONS,
CREDITS, SUITABILITY OF LAND OFFERED FOR DEDICATION, IMPACT FEE
SERVICE AREAS AND TRUST ACCOUNTS, PARK AND RECREATION IMPACT FEES,
ADMINISTRATIVE COSTS, SUMMARY OF IMPACT FEES, APPEALS OF
ADMINISTRATIVE COSTS, APPEALS OF ADMINISTRATIVE DECISIONS, VESTED
RIGHTS, OTHER POWERS AND RIGHTS NOT AFFECTED AND SAVINGS CLAUSE;
THAT THE ORDINANCE SHALL BECOME A PART OF THE REVISED AND COMPILED
ORDINANCES OF THE CITY OF ,MERIDIAN; AND PROVIDING AN EFFECTIVE
DATE.
A summary of the principal provisions of Meridian Ordinance
723, Impact Fee Ordinance, adopted on March 1, 1996, is as follows:
Section 1 provides for the adoption of a new CHAPTER 12 of
TITLE II of the Revised and Compiled Ordinances of the City of
Meridian relating to impact fees on new development and provides in
general as follows:
1. A short title, applicability, purpose, and rules of
construction are stated as well as definitions given.
2. General provisions are given, which include that all
development is deemed to create an impact and therefore
increased demand for public services; any application for a
building permit shall be subject to imposition of impact fees
after this Ordinance becomes effective; fee payments shall be
made to the Fee Administrator prior to issuance of the
building permit; no building permit shall be issued until the
applicant has satisfied the provisions of this Ordinance and
violators shall be subject to assessment for interest,
withholding of the building permit and utility service, and
liens may be imposed; building and/or use permits may be
withheld; request for individual assessments of impact fees
may be made to the Fee Administrator and any adverse
recommendations may be appealed to the City Council.
3. The development impact fee reflects the need for capital
improvements to public facilities or services; any person
PAGE 1
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requesting a building permit or to whom this Ordinance is
applicable shall pay an impact fee equal to the sum of impact
fees reflected and determined pursuant to this Ordinance.
4. Prior to issuance of a building permit the applicant will
be required to pay monetary fees in accordance with this
Ordinance and it applies to any owner including other
governmental entities. No impact fee is required when the
total fee is less that $5.00 and if the dwelling unit is not
provided for in the fee schedule the fee is based on the
dwelling unit most nearly comparable; appeals may be made to
the City Council. Impact fees will be assessed on modular
buildings, manufactured and mobile homes.
5. Refunds of fees paid may be made if the (1) building
permit expires or is revoked, (2) the public facility for
which the fee was paid was never provided, or ( 3 ) the City has
failed to appropriate and expend the collected impact fees
within ten years, except that the City shall retain the
General Administrative or Specified Administrative Charges.
Refunds shall include interest at 1/2 of the legal rate.
6. With certain conditions, the rebuilding within 2 years
after destruction by fire, remodel, repair, or replacing a
structure, placing a temporary construction trailer,
constructing an addition which does not increase the number of
service units, adding typically accessory units to residential
uses and development of commercial, industrial and office land
uses, shall be exempt from impact fees.
7. Credit shall be given for construction, contribution or
dedication of land or money for system improvements but not
for project improvements; a developer required to provide
system improvements in excess of the impact fee shall be
reimbursed for such excess from analogous impact fees paid by
future development which benefits from the improvements; the
City and developer shall, prior to providing the excess
improvements, negotiate and enter into a written agreement.
8. If a developer intends to contribute or dedicate an
interest in land in lieu of paying impact fees a procedure and
criteria are adopted, which shall be applied; the Fee
Administrator shall, within 30 days of receipt of the
application, determine, whether the site contains requisite
characteristics and shall state the reasons for denial or
approval; decision appeals may be made to the City Council.
9. All impact fees collected, except for the General
Administrative charges, will be deposited in proper interest
bearing trust account for the individual system improvements
and service area to insure fees will benefit the appropriate
development; a trust account will be established for the Park
PAGE 2
and Recreation Impact Fees.
10. Impact fee expenditures shall be limited to the financing
of acquisition, expansion and/or improvement of real property,
capital facilities or for principal and interests payments.
11. The Meridian Comprehensive Plan and maps are included;
all residential development creates impact and therefore
increased demand for park and recreation services; any
application for a building permit enabling construction shall
be subject to these impact fees; prior to issuance of a
building permit the applicant must demonstrate that the
appropriate impact fee has been paid; the Fee Administrator
may withhold building permits or stop construction until the
impact fee is collected; that the existing standard for park
needs is set forth and the Development Impact Fee Schedule for
Meridian Parks is adopted; individual assessments are
permitted and may be obtained if it is demonstrated, by clear
and convincing evidence, that the established fee is
inappropriate and requirements for application are set forth,
the Fee Administrator shall render a decision within 30 days
after receipt of completed application, and appeals may be
taken to the Council. Certification of the park impact fee
schedule may be applied for in the manner adopted and
certification may be appealed to the Council.
12. An administrative fee of ten percent of the impact fee is
adopted to administer the Ordinance; it sets forth a summary
of the impact fees; it provides for appeal within 30 days
after written decision is issued or acceptance of the fee;
nothing in the Ordinance limits or modifies the right to
complete construction for which a lawful building permit was
issued; there is a list of other powers and rights that are
not affected; and there is a savings clause adopted.
Section 2 states the Ordinance shall become a part of the
Revised and Compiled Ordinances of the City and Section 3 declares
it shall become effective 30 days after the date of its adoption.
The Ordinance was read by heading and title on February 27 and
March 1, 1996, and in full on February 29, 1996, at duly noticed
special meetings of the City Council and duly voted on and adopted
at the March 1, 1996, meeting. A summary of the Ordinance was duly
adopted and approved by resolution of the City Council of the City.
of Meridian at the special meeting held March 1, 1996.
PAGE 3
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The full text of Ordinance 723 is available at City Hall, 33
East Idaho, Meridian, Idaho, and will be provided to any person for
inspection upon request during regular business hours.
DATED this 1st day of March, 1996.
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ATTEST
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LLIAM G. BERG, JR., TY CLERK
T D. CORRIE, MAY(~,R""""i~~1~r,,~
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CERTIFICATE OF CITY ATTORNEY ~~~''~~,,~~°,~JTiI`,+\\~`~~~
I, WAYNE G. CROOKSTON, JR. , the undersigned, City Attorney for
the City of Meridian, Idaho, hereby certifies that I have read
Ordinance 723 and the summary of Ordinance 723 filed with said
Ordinance, that the summary is true and accurate and provides
adequate notice to the public of the contents and provisions of
Ordinance No. 723.
WAYN G. CROOKSTON, JR.
CIT ATTORNEY
PAGE 4
OFFICIALS ~ HU
B OF TREASURE VALLEY
WILLIAM G. BERG, JR., Clty Clerk A Good Place to Live
JANICE L. GASS, Cfty Treasurer
GARY D. SMITH, P.E., Clty Engineer CITY OF MERIDIAN
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO
SHARI L. STILES, P & Z Administrator MERIDIArl, IDAHU 83642
PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FA.X (208) 887-4813
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief Public WorksBuilding Department (208) 887-2211
WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
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GOUNGIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
TIM HEPPER
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold
a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Friday, March 1, 1996
at 8:00 A.M. The Meridian City Council will have the third reading of Ordinance #723,
Development Impact Fees for Parks.
The public is welcome to attend.
DATED this 27th day of February, 1996.
WILLIAM G. BERG, JR.,"CITY CLERK
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NOTICE OF SPECIAL MEETING
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• •
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 P'OR 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,
SEVERABILTTY, 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 add~i 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
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CHAPTER 12
IlVIPACT 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 welfaze 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
(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 maybe 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
(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
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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 maybe 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
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, tk~e 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
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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
IlVIPACT: 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.
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 (S) 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, 19'6.
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 ahalf--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
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PROJECT Site improvements and facilities that aze planned and designed to provide
IMPROVEMENTS: for a particulaz 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 aze designed to provide service to a service area including,
without limitation, the type of improvements described in section SO-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 SO-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
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(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
(fj 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 - 10
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-OS 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 evahzate 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 maybe 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
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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.
2-125: 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:
(I) 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 S, 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
IMPACT FEE ORDINANCE - 13
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Improvements Plan and as required by Idaho Code 67-8208(1)16, by the total number of
projected service units as described in the Comprehensive Plan and as required by Idaho Code
67-8208(1)0. 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)0 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 of 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. Ir- 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
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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 ('/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 aze 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.
IlVIPACT FEE ORDINANCE -16
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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:
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.
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.
IMPACT FEE ORDINANCE - 17
7. Plans: City, Regional and State plans shall be taken into consideration when
evaluating land proposals for dedication.
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 - 18
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 maybe obtained at
the office of the Meridian City Clerk or viewed and obtained at the Administrative office of
Meridian Planning.
C. PARK IlVIPACT 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 - 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 IlViPACT FEE: Prior to receiving a building permit or commencing
construction of any building for which pazk 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 maybe, 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 standazd for pazk needs as set forth in the following table:
Pazk Description Existing Standazd
Neighborhood Pazks 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 pazks per
18,000 population.
Pazkland Acquisition Existing Cost October 1, 1994)
One acre (developable) $25,000
Pazkland ImlLrovements Existin Cost ,October 1; 19941
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
pazk standazd) divided by 1000 population = $26.60 ($95,000 x 0.28 _ 1000 =$26,60)
$95,000 (existing value of one acre of developed pazkland) times 1.67 (existing community
park standazd) divided by 1000 population = $158.65 ($95,000 x 1.67 - 1000 = $158.65)
IMPACT FEE ORDINANCE - 20
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Additionally the Comprehensive Plan and demographic data provided by the Ada Planning
Association during prepazation 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 IlVIPACT 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 aze set forth in the following table:
Pazk Description Impact Fee $/Person Sin a Family Multi Family
$/Residence $/Residence
Neighborhood Pazks $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 Pazk 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 regazding the individual project
assessment of Pazk Impact Fees within thirty (30) days of the date a complete application is
submitted. The decision of the Fee Administrator shall establish the Pazk 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 forwazded to the Council for action. The Council
may accept, reject or revise the Fee Administrator's decision regazding 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.
IlVIPACT FEE ORDINANCE - 21
H. CERTIFICATION: Certification of the pazk 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 pazk 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 flan 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 FEE5
Descri tp ion Cost per Person Sin a Family Multi-Family
$/Residence $/Residence
Park $ 185.25 $481.65 $370.50
10% Administrative 8 3 4g' 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
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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 which may
reasonably be expected to reduce levels of service below minimum acceptable levels as
established herein.
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.
i n 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" maybe 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 ~tday of
~ 1996.
APPROVED by the City Council and the Mayor of the City of Meridian, Idaho, this ~ day
of(l ff G`L 1996.
ATTEST:
G`---r'
CITY CLERK
APPROVED:
~J
YOR
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IMPACT FEE ORDINANCE - 24