HomeMy WebLinkAboutImpact Fee OrdinanceRECEIVED
OCT 0 2 2003
CITY OF MERIDIAN City Of Meridian
City Clerk Office
ORDINANCE NO.03-
BY:
AN ORDINANCE OF THE CITY OF MERH)IAN AMENDING
TITLE 10 CHAPTER 7 IMPACT FEES OF THE MERIDIAN CITY
CODE PROVIDING FOR REVISIONS, DELETION AND
ADDITIONAL LANGUAGE TO THE DEFINITIONS SECTION 10-7-
3, TO THE GENERAL PROVISIONS SECTION 10-7-4, TO THE
DEVELOPMENT IMPACT FEE; STANDARDS AND PROCEDURES
SECTION 10-7-5, TO THE SECTION 10-7-b SUBSECTION B. TO
THE DETERMINATION OF DEVELOPMENT IMPACT FEES, TO
THE REFUND OF IMPACT FEES PAID SECTION 10-7-7, TO
SECTION 10-7-8 EXEMPTIONS, TO SECTION 10-7-9 CREDITS, TO
SECTION 10-7-10 SUITABLITY OF LAND OFFERED FOR
DEDICATION, TO IMPACT FEE SERVICE AREAS AND TRUST
ACCOUNTS SECTION 10-7-11, TO IMPACT FEE EXPENDITURES
SECTION 10-7-12, TO PARK AND RECREATION IMPACT FEES
SECTION 10-7-13 ADDING A NEW SUBPARAGRAPH G AND RE-
LETTERING THEREAFTER; TO THE ADMINISTRATIVE COSTS
SECTION 10-7-14; TO SECTION 10-7-16 APPEALS OF
ADMINISTRATIVE DECISIONS PROVHDING FOR REVISIONS
AND ADDITIONAL LANGUAGE; PROVIDING FOR DELETION
OF LANGUAGE OF 10-7-17 VESTED RIGHTS; PROVIDING FOR
REVISIONS, DELETION AND ADDITIONAL LANGUAGE OF 10-7-
18 OTHER POWERS AND RIGHTS NOT AFFECTED; AND
PROVIDING FOR SEVERABILITY, CONFLICT, VALIDITY,
SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY,
IDAHO:
SECTION 1: That Section 10-7 IlVIPACT FEES of the Meridian City
Code, be, and the same is hereby amended to read as follows:
Impact Fee Ordinance -Amended Page lof 28
10-7-1: SHORT TITLE, APPLICABILITY AND PURPOSE:
A. Short Title: This Chapter shall be known and may be cited as the CITY OF
MERIDIANIII~IPACT FEE ORDINANCE.
B. Applicability: This Chapter shall apply to the development of property located within
the boundaries of the City 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. Purpose: The 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 the City. It is the intent by
enacting this Chapter to:
1. Ensure that adequate facilities are available to serve new growth and development;
2. Promote orderly growth and development by establishing uniform standazds 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 shaze of the cost of public facilities needed to
serve new growth and developmem 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 Developmern Impact Fee Act; sa
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 improvemern.
D. Chapter To Be Amended: 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 section 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 maybe funded with impact fee revenues, as
Impact Fee Ordinance -Amended Page 2of 28
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 City Council in accordance with the procedural
requirements of Idaho Code section 67-8206. (Ord. 723, 3-1-1996)
10-7-2: RULES OF CONSTRUCTION:
A. Interpretation: This Chapter shall be liberally construed to effectively carry out its
purpose in the interest of the public health, safety and welfare.
B. Rules Enumerated: 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
(2) 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 temvs, 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. (Ord. 723,
10-7-3: DEFINITIONS:
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For the purpose of this Chapter, the following terms, phrases and words shall have the
meaning given herein.
APPLICANT: Person who applies for a building permit or is otherwise subject to the
provisions of this Chapter.
APPROPRIATE: To legally obligate by contract or otherwise commit to use by
appropriation or other official act of the City.
Bi7II.DER: Person who applies for a building permit or is otherwise subject to the
provisions of this Chapter.
BUII..DING: Any structure having a roof ernirely 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 of shelter for persons, animals,
things or property of any kind.
BUII..DING PERMIT: An official document or certificate by that name issued by the
Meridian Public Works Departmern, authorizing the construction or citing of any
building.
CAPITAL IMPROVEMENTS: Improvements with a useful life often (10) years or
more, by new construction or other action, which increase the service capacity of a public
facility or service.
CAPITAL IMPROVEMENTS PLAN: A plan adopted and amended pursuant to the
provisions of the Development Impact Fee Act, Idaho Code section 67-8208 which
identifies capital 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 PARK: A park planned primarily 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 one to two (2) mile radius, and will
support a population of approximately seven thousand five hundred (7,500) to fifteen
thousand (15,000) persons, depending upon size and facilities. As a result, they require
more support facilities such as parking, restrooms, covered play areas, etc. Community
Impact Fee Ordinance -Amended Page 4of 28
parks are usually about twenty (20) acres in size and often have sports fields or similar
facilities as the central focus of the park.
COMPREFIENSIVE PLAN: The City of Meridian Comprehensive Plan known as "The
City of Meridian Comprehensive Plan" as updated and amended from time to time
pursuant to Idaho Code section 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.
DEVELOPER: A laperson that
undertakes the subdivision of property as defined in Meridian City Code 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, or the subdivision of rooerty that would permit any change in the use character
or appearance of land. which creates additional demand and need for public facilities.
DEVELOPMENT APPROVAL: Any written authorization from the City which
authorizes the commencement of a development.
DEVELOPMENT IMPACT FEE: A payment of money imposed as a condition of
development approval to 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 Chapter. 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 developmem;
B. Connection or hookup charges;
C. Availability charges for drainage, sewer, water or transportation for services
provided directly to the develgpment.
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 improvemens, unless a written agreement is
made pursuant to Idaho Code section 67-8209(3), for credit or reimbursement.
Impact Fee Ordinance -Amended Page Sof 28
DEVELOPMENT REQIJIItEMENT: A requiremern 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,
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 aze
arranged, designed or used as living and/or sleeping quarters for one or more persons.
"Dwelling unit" includes "mobile home".
EXISTING DEVELOPMENT: The lawful land use which physically exists or for which
the landowner holds a valid building permit as of the effective date hereof 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 COSTS: Those costs incurred as a resuh of extraordinary impact.
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City
to: a) result in the need for system improvements, the cost of which will significantly
exceed the sum of the development impact fees to be generated from the project or the
sum agreed to be paid pursuant to a development agreement as allowed by Idaho Code
section 67-8214(2), orb) result in the need for system improvements which are not
idernified in the capital improvements plan.
FEE ADMINISTRATOR: The official or designee appointed by the Mayor with City
Council 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 developmem.
INDIVIDUAL PROJECT ASSESSMENT: An assessment of a particular project based
upon an agreement between a fee payer and the City after review of materials and
information submitted by a fee paver whereby clear and convincing evidence has
established that the impact fee requires adjustment.
LAND USE ASSUMPTIONS: A description of the service area and projections of land
uses, densities, intensities, and population in the service area over at least a twenty (20)
year period.
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LEVEL OF SERVICE: A measure of the relationship between service capacity and
service demand for public facilities.
MANUFACTURED HOME: A structure, constructed according to HUD/FHA mobile
home construction and safety standards, transportable in one or more sections, which, in
the traveling mode, is eight feet (8') or more in width or is forty (40) body feet or more in
length, or when erected on site, is three hundred twenty (320) or more square feet, and
which is built on a permanem chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein, except that
such term shall include any structure which meets all the requirements of this subsection
except the size requirements and with respect to which the manufacturer voluntarily files
a certification required by the Secretary of Housing and Urban Development and
complies with the standards established under 42 USC 5401 et seq.
MOBILE HOME: (See also definition of 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.
MODULAR BUILDING: 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 sjte.
NEIGHBORHOOD PARK: A combination playground and park, designed primarily for
nonsupervised, nonorganized 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 three thousand (3,000) to five
thousand (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.
NONRESIDENTIAL DEVELOPMENT: Any development project not providing for
residential dwelling units.
OWNER: The person holding legal title to the real property, including the local, State or
Federal government or any subdivision thereof
PARK AND FACILITIES: All park lands and facilities as described in the
Comprehensive Plan including 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.
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PARK PLANNING AREA: A statistical area of the official City of Meridian Area of
City Impact 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 developmern on an identifiable parcel of land.
PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and
designed to provide service for a particular development project and that are necessary
for the use and convenience of the occupants or users of the project.
PROPORTIONATE SHARE: That portion of the cost of system improvements
determined pursuant to Idaho Code section 67-8207, which reasonably relates to the
service demands and needs of the project.
PUBLIC FACILITIES: Shall include:
A. Wastewater collection, treatment and disposal 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 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 FACILITIES PLANNING AREA: A designated area identified in the
Comprehensive Plan and capital facilities plan for which public facilities needs have been
determined based upon assumptions made in accordance with generally accepted
planning and engineering standards.
SERVICE AREA: Any defined geographic area identified by the City in the
Comprehensive Plan or by intergovernmental agreemern 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
Impact Fee Ordinance -Amended Page 8of 28
generally accepted municipal, engineering or planning standards for a particular category
of capital improvements.
SYSTEM Il12PROVEMENT COSTS: Costs incurred for construction or reconstmction of
system or service improvements, including design, acquisition, engineering and other
costs attributable thereto, and also including, without limitation, the type of costs
described in Idaho Code section 50-1702(h), 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 improvemerns plan, as provided in Idaho Code section 67-
8208; or
F. Principal payments and interest or other finance charges on bonds or other
indebtedness except financial obligations issued by or on behalf of the City to finance
capital improvements idernified in the capital improvements plan.
SYSTEM Ilv1PROVEMENTS: In cornrast to project improvements, mean capital
improvements to public facilities which are designed to provide service to a service area
including, without limitation, the type of improvements described in Idaho Code section
50-1703.
UNIT(S) OF DEVELOPMENT: A quantifiable increment of development activity
dimensioned in terms of dwelling units, or other appropriate measurements contained in
the impact fee schedule. (Ord. 723, 3-1-1996)
10-7-4: 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 hereof or any amendment
hereto which provides for impact fees for any additional allowed category of public
facilities, adopted by the City Council pursuant to the provisions of Idaho Code section
Impact Fee Ordinance -Amended Page 9of 28
67-8206, shall be subject to the imposition of impact fees in the manner and amoum set
forth in this Chapter as it is adopted initially or as it is amended as provided for in
subsection 10-7-1D of this Chapter.
A Building Permits Previously Granted Or Pending:
1. Complete applications for building permits received by the Public Works
Department prior to the effective date of this Chapter or amendments hereto adopting
impact fees or amending or adopting any methodology by which impact fees are
calculated, will be exempt from that portion of this Chapter or amendment enacted
after the applicatioq '
. A "complete
application" for a building permit shall be defined as inchuling permitted plans signed
and sealed by a State licensed engineer or architect ahawing all site work, zoning
compliance, architectural, structural, electrical, and plumbing work. Applications for
building permits filed prior to the effective date of this Chapter or amendment but
which become mill and void shall be subject to the provisions of this Chapter in the
event of reapplication. In the event that an amendment to this Chapter involves a
change in the amount of impact fees charged for a particular category of public
facility or services, the a fee payer who submitted a complete application nn 'or to
amendment of the fee shall pay the lesser impact fee amount. In determining whether
this section applies. the date of application for anv_ incomplete applications shall be
2. For building permits which expire or are revoked after the effective date hereof the
fee payer shall be emitled to a refund of previously paid impact fees (see Section 10-
7_7 of this Chapter) provided that in the case of a reapplication for permit, the impact
fee in effect at that time shall be paid.
B. Prior Fee Payment Required: 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 applicam has satisfied the provisions of this Chapter.
Violations of this provision shall be subject to the sanctions set forth in subsection 10-
7-SE of this Chapter.
C. Duplicate Charges: This Chapter shall not be construed to subject any development to
double payment of the same impact fees.
D. Benefits Not Exclusive: 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 persons
paying the fee.
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E. Additional Requirements: 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. Anticipated Excessive Impact; Options: The Council recognizes that there maybe
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 Assesamerns: 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 irra}bseetien-i-9a-
-13£ in the applicable individual project assessment provisions related to a particular
i ee of this Chapter. If the guidelines are met, the individual project assessment
shall be recommended for approval by the Fee Administrator and forwazded to the
Ciry Council for approval within thirty (30) days of receiving such application. An
adverse recommendation by the Fee Administrator may be appealed to the Council
. Final determination regarding project
assessments shall be made by the City Council.
H. Periodic Review; ' : ~1 The Development Impact Fee
Advisory Committee shall
the-Eity-6eunsil be composed of not fewer than five (51 members appointed by the City
C rr cil. T~vo (2) or more members shall be active in the business of developmern.
building or real estate. (2) The Development Lnpact Fee Advisory Committee shall serve
development impact fees. The City Council shall consider the Development Impact Fee
Advisory Committee's recommended revision(s) to this Chapter 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 aze equitable, in that the fee charged the development shall not
Impact Fee Ordinance -Amended Page 11 of 28
exceed a proportio~te share of the costs of system improvemems, and the procedures for
administering impact fees remain efficient. ~^`a. "~ ' ' ' O°~'
10.7-5: DEVELOPMENT ]arVIPACT 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 this
Code and determined pursuant to the following:
A. Fee Limitation: 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. Proportionate Share: 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 feels and debt service payments, ~` `°°°° <°'~~^'' °`°
3. That~ortion of general tax and other revenues allocated by the jurisdiction to
system improvements. and
34. All other available sources of funding such system improvements.
C. Additional Factors: In determining the "proportionate share" of the cost of system
improvements to be paid by the developer, the following additional factors shall be
considered: and accounted for in calculation of impact fees.
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; or has previously contributed to the cost of system improvements
which impact fees will be assessed;
Impact Fee Ordinance -Amended Page 12of 28
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 section 67-8207(2)(h).
D. Protection Against Increasing Fees: 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. Method Of Collection: To ensure collection of development impact fees, the Fee
Administrator may use the following means and methods provided. however, that if
the Fee Administrator. or the Development Impact Fee Advisory Committee
discovers an error in the impact fee formula that results in assessment or payment of
more than a proportionate share. the impact fee shall be adjusted at the time of
assessment on a case by case basis to collect only a proportionate share or. the
collection of anx impact fee may be suspended until the error is formally corrected:
1. Additions to the fee for interest at the highest legally allowable rate as well as a
penalty of five percent (5%) if the payment is more
than thirty (30) days 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 Idaho Code title 45, chapter 5. (Ord. 723, 3-1-1996)
Impact Fee Ordinance -Amended Page 13of 28
10.7-6: DETERMINATION OF DEVELOPMENT IMPACT FEES:
. Unless otherwise ag er ed in
writing by the developer and the City, all development impact fees shall be paid no
eazlier than the commencement of construction of the development, or the issuance of a
buildine permit or a manufactured home installation permit. 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 where
allowed by law.
A. General Formula: The developmern 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 section 67-8208(2)(f), by
the total number of projected service units as described in the Comprehensive Plan
and as required by Idaho Code section 67-8208(2)(8). 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 improvemerns necessitated by and attributable to
the projected new service units described in Idaho Code section 67-8208(2)(8) by the
total projected new service units described in that section.
l~
plag-principles-
EB. Permit Fee Increased; No Refixnd: 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 hereof and a fee has
not previously been paid under this Chapter, the applicarn shall be required to comply
Impact Fee Ordinance -Amended Page 14of28
with the provisions herein. No refunds will be given for proposed development
activity resulting in a negative fee calculation.
~. Exemption To Fee: No impact fee payment shall be required for any development
activity when the total calculated fee is less than five dollars ($5.00);
1/I~. Fee Administrator Determination: 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.
FE. Criteria For Determination: 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.
CF. Manufactured Homes; Possible Exemption: 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 hereof; 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.
(Ord. 723, 3-1-1996)
10-7-7: REFUND OF IMPACT FEES PAID:
A. Qualification: 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 e~ires-er-is
reveked is denied or abandoned, or 2) if the public facility or service for which the
fee was paid is available but never provided, or 3) the City, after cgllecting 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{18) five 5
years on a first in, first-out (FIFO) basis unless the City has identified, in writirtg~a
reasonable cause for holding the fees longer than five ~5,) vears but in no event may
the fees be held longer than eight f8) vears~ or in detemtining whether this section
annfies. the date of application for any incom lp~te annlications shall be the date the
application is made complete Amendments and supplements to an application to
an individual assessment determines that the fee paid exceeded the proportionate
Impact Fee Ordinance -Amended Page 15of 28
share.
. However, no refund shall be provided
for the cost of completed improvements comributed in lieu of fee unless otherwise
provided for in a development agreement.
B. Refund Made With Interest; Requested: Any impact fee trust funds refunded shall be
returned to the fee payer or current owner by the Fee Administrator with accrued
interest atone-half (1/2) the legal rate as provided for in Idaho Code section 28-22-
104 from the date on which the fee was originally ~. 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 evern the fee payer or current
owner does not request such a refund prior to the expiration of one year following the
ten{d} fiv 5 year period from the date the developmem impact fee was paid.
C. Prompt Reimbursement: Refunds shall be sern to the fee payer, or person entitled to
such refund, within ninety (90) days after determination
by the City that a refund is due.
D. Council Approval For Expenditures: Funds shall be deemed expended for purposes of
this Chapter when payment of said funds has been approved by the City. (Ord. 723, 3-
1-1996)
10-7-8: EXEMPTIONS:
A Criteria Enumerated: 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
fve or ocher 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
residernisl 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 strocture which does not increase the
number of service units;
Impact Fee Ordinance -Amended Page 16of 28
6. Adding urea that are typically accessory to residential uses, such as tennis courts or
clubhouses, unless it can be clearly demonstrated that the use creates a significam
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. Claimed At Time Of Application: 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 10-7-16 of this Chapter. (Ord. 723, 3-1-1996)
10-7-9: CREDITS:
A. Based On Present Value: 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 cotribution or dedication of land or an interest inland or money
required by the City from a developer for system improvements. Credit shall not be
given for project improvements.
B Taxes and User Fees In the calculation of developmern impact fees for a particular
project credit shall be gyen for the present value of all tax and user fee revenue
service area where the credit was generated
liC. Duplication Of Fees: A developer who is required to construct, fund or contribute
system improvemerns in excess of the
developmem vmj_ect's p~nortionate share of system
improvements costs shalt at the develo-per's choice receive a credit asainst future
m~pact fees or be reunbursed 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.
6D. Disposition Of Excess Funds: If credit or reimbursemern is due to the developer
pursuant to this Section, the City and the developer shall erner into a written
agreemern, negotiated in good faith, prior to the construction funding or contribution.
The agreement shall provide for the amount of a-edit or the amount, time and form of
reimbursement.
Impact Fee Ordinance -Amended Page 17of 28
~. Documentation; Determination; Appeal: Any person requesting such credit or
reimbursement shall present documentation of costa 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 10-7-16 of this Chapter. (Ord. 723, 3-
1-1496)
10-7-10: SUITABILITY OF LAND OFFERED FOR DEDICATION:
In the event that a developer intends to contribute or dedicate an irnerest in land in lieu of
paying impact fees or a portion thereof; the following procedures and criteria shall be
applied:
A. Qualifying Land: 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 easemems, borrow pits, lakes and other manmade
or natural conditions which restrict or impede the intended use of such areas.
2. Unity: The land to be dedicated shall form a siagle parcel of land except where
aforesaid review determines that two (2) 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
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.
Impact Fee Ordinance -Amended Page 18of 28
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. Site Characteristics: The Fee Administrator shall determine, based on specific
review of each application, whether the proposed site comains 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 forwazded to the Council for action. The Council may affirm, reject or revise the
determination of the Fee Administrator previding and must provide written findings
of fact and conclusions of law.
B. Appeals Process: 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 City Clerk no
later than ten (10) days following the date of the decision of the Fee Administrator.
(Ord. 723, 3-1-1996)
10-7-11:IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS:
A. Fund Established: All impact fees will be deposited in a designated "trust fund".
Interest-bearing trust accounts shall be established and maintained by the City, 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 City Council.
c'iry shall maintain accountine records for each cateeorv of stem improvements
within each service area for which impact fees are collected All interest earned on
impact fee fund shall accrue to that fund an$ shall be subjecct to all restrictions
placed upon the use of impact fees pursuant to this code.
B. Areas To Correspond: Public facilities planning area (service area) shall correspond to
the corporate boundary and the Area of City Impact identified in the 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. Costs Of Administration Separated: All impact fees collected by the Fee Administrator
will be promptly deposited into the proper trust account, excepting general
that portion of fees attributable to development of a capital
improvement plan a~rovided in I C. 67-8208 which will be directed to the
Impact Fee Ordinance -Amended Page 19of 28
appropriate department to underwrite the cost of administering this Chapter. (Ord.
723, 3-1-1996)
10-7-12: IMPACT FEE EXPENDITURES:
A Limited Use: 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 improvemern 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. First th, First Out: Trust account fiords shall be deemed expended in the order in which
they aze collected.
C. Fair Distribution Of Funds: In the event that the level of service standards for public
facilities have been met within a particular area of the community, the 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, itt 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 favly and proportionately benefit the
development paying the fees in question.
D. Allowable Adjustments To Expenditures: In the event compliance with the level of
service standazd for public facilities meets or exceeds the projected population
estimates adopted in the Comprehensive Plan through the yeaz 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 authorisation 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. Annual Financial Report: A financial report shall be
provided annually by the Fee Administrator to the Mayor and Council.- , describine
appropriated, or spent for system improvemems during the rn eceding yeaz by
sate ogLrv of public facili~ and service azea.
F. Protest Process: Any interested citizen may challenge the expenditure of any impact
fee funds within one year of said expenditure by filing a written protest with the 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
Impact Fee Ordinance -Amended Page 20of 28
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. (Ord. 723, 3-1-1996)
10-7-13: PARK AND RECREATION IMPACT FEES:
A Incorporation Of Standards: This Section addresses the development impact fees
collected for park and recreation service unprovemerrts. The Comprehensive Plan,
including the Canhal Imnrovement Plan develo~nursuant to I.C. 67-8208 and
incorporated into the Comprehensive Plan. as adopted by the 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. (Ord.
723,3-1-1996)
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 City Clerk or viewed and obtained at the administrative
office of Meridian Planning And Zoning Department. (Ord. 723, 3-1-1996; amd.
1999 Code)
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 requrres new facilities.
Therefore, any application for a building permit enabling the construction on or after
the effective date hereof, 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 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
Neishhorhnod 0-28.4.5 Ac/1.000 sifiiation nfa»e--5- 12 acrea
Impact Fee Ordinance -Amended Page 21 of 28
parks population based upon the neighborhood park per -15,89
existing 36 000 population-.
Community parks i~ 2_5 Ac/1,000 of t{ave-(2}15 90.16 acres of
population based upon the community parks per 38009
existing situation 36.000 population.
Parkland Existing Cost (October 1,
Acyuisition 3944 2002
One acre $25,000.00
(developable)
Parkland Existing Cost (October 1,
Improvemerns 1494 ~)
Develop one acre $70,000.00
Total service cost $95,000.00
per acre
Cost Per Person Calculations:
$95,000.00 (existing value of one acre of developed parkland) times A-28.45
(existing neighborhood park standard) divided by 1,000 population = $2F~9 42_75
($95,000.00 x &28.45 =1,000 = $ib-6942.75)
$95,000.00 (existing value of one acre of developed parkland) times 3~ 2_5
(existing community park standard) divided by 1,000 population = $~58-63 237.50
($95,000.00 x 3:~ 2_5 - 1,000 = $3-58-6-5 237.50)
Additionally the Comprehensive Plan and demographic data provided bey! the Ada
ni A.. n.:.. a., n..,. „c.~ ~ _ - Oj„c~a12000
Y
Census assumes the following average numbers of people per dwelling unit:
Single-family residential 2:b 293 persons per dwelling unit
Multi-family residential 2:9 2.67 persons per dwelling unit
F. Developmettt Impact Fee Schedule For Meridian Parks: Pursuarn to the assumptions is
the Meridian Comprehensive Plan and demographic data provided by Ada3~lag
Assesiatien Community Plannins Association of Southwest Idaho development
impact fees for parks before adjustment for~eneral fund csontributioneastamtiea. are
set forth in the following table:
Impact Fee Ordinance -Amended Page 22of 28
Impact Fee Single-Family Multi-Family
Park Description $1Person $/Residence $/Residence
Neighborhood $26:68 4275 $ 69--16 125.26 $33:20114.14
parks
Community parks "~ 237.50 41~?49 695.88 37:38 634.13
Total e'er 280.25 $^ °~ 821.14 $378:39 748.27
(Example: $26:68 42_75 x ~ 2.93 persons per average single-family dwelling unit =
$69-1 125.26)
G. Adiusted Development Impact Fee: Based on a general fund expenditure for park
acquisition and development equal to twenty-two percent (22%) of total
acquisition and development expenditures, the impact fees after adjustment are set
forth in the following table:
Impact Fee Single-Family Multi-Family
Park Description $/Person $/Residence $/Residence
Neighborhood $ 33.35 $ 97.70 $ 89.03
parks
Community parks 185.25 542.79 494.62
Surcharge 30.00 30.00
Total $ 218.60 $ 670.49 $ 613.65
FrH. 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 established through verified studies, data, and other relevant
information submitted by the developer that the established impact fee is
inappropriate.
1. Written application for individual project assessment shall be made to the Fee
Administrator at any time 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 for individual proiect assessment is submitted. The decision shall address
the evidence submitted by the developer, and include an explanation of the
Impact Fee Ordinance -Amended Page 23of 28
calculation of the imp,~f~a~ other relevant jam The decision of the Fee
Administrator shall establish the park impact fee for the project in question for a
so long as there is no
material c e to the }Lmject as identified in the individual assessment an lio cation.
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 City Clerk no
later than ten (10) days following the date of the decision of the Fee Administrator,
~. Certification: Certification of the park impact fee schedule for a particular project
may be applied for in the following manner:
1. Written application maybe made to the Fee Administrator not later than sixty (60)
days after preliminary plat approval by the 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 tun and that undue hardship would result if said
application is not considered.
2. The Fee Administrator shall provide the applicant,_upon request. 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 Play shall include an exolanation of the calculation
of the impact fee. includinplanation of factors considered under I.C. 67-8207.
shall identify the system improvement(s) for which the impact fee is intended to be
use and shall establish the park impact fee for the project in question €er~peaed-e€
so long as there is no material than a to the
project as identified in the individual assessment application.
3. The certification of the park impact fee schedule may be appealed to the City
Council as provided is Section 10-7-16 of this Chapter. (Ord. 723, 3-
10-7-14: ADl'VIINISTRATIVE COSTS:
calculations:
Impact Fee Ordinance -Amended Page 24of 28
Proportionate Costs of Capital Improvemem Plan = $21.000.OO,per year.
Average Annual Residential Building Permits = 5700:A9 per year.
Surc e = $21.000.00 _ 5700:90 = $30.00.
10-7-I5: SUMMARY OF IMPACT FEES:
Description Cost $/Person Single-Family $/Residence Multi-Family $/Residence
Pazk $ 218.60 $ 670.49
$ 613.65
Grand Total $ 218.60 $ 670.49 $ 613.65
(Ord. 723, 3-1-1996)
10-7-165: 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. Appeal Process: If a fee payer wishes to appeal, the fee payer shall first file with the
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 1)
issuance of a written decision by the Fee Administrator, or 2) 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. If agreed upon by the fee paver and the Citv. mediation by a qualified independent
person may be used to attemgt to resolve a dispute regarding impact fees for a
proposed developmem. Mediation may occur at any stage of the appeal process.
During mediation_ all time periods ate tolled ell ndin@ the outcome of the mediation.
Costs of the mediation. unless otherwise asreed. shall be shared equally by the fee
ayer and the Cit
BC. Council Decision; Notification: The 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
Impact Fee Ordinance -Amended Page 25of 28
of law. The written decision of the City Council shall be mailed to the fee payer,
certified mail, return receipt requested.
CD. Judicial Review Available: 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 Idaho Code
title 67, chapter 52. (Ord. 723, 3-1-1996)
10-7-176: 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
hereof
in-a ~~z z i in
p091tiB8. Cvac-rcrrz-rte
10-7-187: OTHER POWERS AND RIGHTS NOT AFFECTED:
A. Reasonable Requirements: Nothing in this Chapter shall prevent the City from
requiring a developer to construct reasonable project improvements in conjunction
with a development project.
B. Adjustments To Requirements: 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. Approval Rests With City: Nothing in this Chapter shall obligate the City to approve
development which results in extraordinary impact.
D. Minimum Standards Mairnained: 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. Orderly Deveoopmern: 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. City Rights Protected: 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. (Ord. 723, 3-1-1996)
Impact Fee Ordinance -Amended Page 26of 28
SECTION 2: SEVERABIIITY: The provisions of this chapter shall be deemed
severable and a finding by a court of law that a provision of this chapter is unlawful shall
have no effect on the remaining provisions.
SECTION 3: Ali ordinances, resolutions, orders or parts thereof in conflict herewith aze
hereby repealed, rescinded and annulled.
SECTION 4: VALIDTTY: The Meridian City Council hereby declares that any
section, pazagraph, sentence or word of this ordinance as adopted and amended herein be
declared for any reason to be invalid it is the intent of the Meridian City Council that it
would have passed all other portions of this ordinance independent of the elimination
herefrom of any portion as maybe declazed invalid.
SECTION 5: SAVINGS CLAUSE: This ordinance does not affect an action or
proceeding commenced or right accrued before this ordinance takes effect.
SECTION 6: DATE OF EFFECT: This ordinance shall be in full force effect after its
passage, approval and publication, according to law.
PASSED BY THE CTTY COUNCIL OF THE CITY OF MERIDIAN, IDAHQ this
day of 2003.
APPROVED BY THE MAYOR OF THE CTfY OF MERIDIAN, IDAHO, this
day of , 2003.
Mayor Robert D. Come
Attest:
City Clerk
An Ordinance of the City of Meridian By: William G. Berg, Jr., City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES NO
Impact Fee Ordinance -Amended Page 27of 28
Second Reading:
Third Reading:
Z:\Work\M1Meridian\R~feridim 15360bf1(hdinances City HaI112002 ORINPazk Impact Fee Ord 12 02 02.doc
Impact Fee Ordinance -Amended Page 28of 28