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From: Bill Nichols [wfit~tNHITEPETERSON.com]
Sent: Friday, October 03, 200311:11 AM
To: 'Doug Strong'; VIfiA Berg
Subject: Park Impact Fae ordinance - Precouncil agenda for October
Gentlemen
Just a reminder that in order to adopt the revised impact fee ordinance, the headng and notice requiremerrts of IC
67-8206(5) which refers back to B7-8206(3), must be complied with.
10/3/2003
Idaho Statutes
Idaho Statutes
Page 1 of 2
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8206. PROCEDURE FOR THE IMPOSITION OF DEVELOPMENT IMPACT FEES. (1) A
development impact fee shall be imposed by a governmental entity in
compliance with the provisions set forth in this section.
(2) A capital improvements plan shall be developed in coordination with
the development impact fee advisory committee utilizing the land use
assumptions most recently adopted by the appropriate land use planning
agency or agencies.
(3) At least one {1) public hearing shall be held to consider adoption,
amendment, or repeal of a capital improvements plan. Two (2) notices, at
least one (1) week apart, of the time, place and purpose of the hearing
shall be published not less than fifteen (15) nor more than thirty (30)
days before the scheduled date of the hearing, in a newspaper of general
circulation within the jurisdiction of the governmental entity. A second
notice of the hearing on adoption of the capital improvements plan,
containing the same information, shall be published in the same manner at
least seven (7) days before the scheduled date of the hearing. Such notices
shall also include a statement that the governmental entity shall make
available to the public, upon request, the following: proposed land use
assumptions, a copy of the proposed capital improvements plan or amendments
thereto, and a statement that any member of the public affected by the
capital improvements plan or amendments shall have the right to appear at
the public hearing and present evidence regarding the proposed capital
improvements plan or amendments. The governmental entity shall send notice
of the intent to hold a public hearing by mail to any person who has
requested in writing notification of the hearing date at least fifteen (15)
days prior to the hearing date, provided that the governmental entity may
require that any person making such request renew the request for
notification, not more frequently than once each year, in accordance with a
schedule determined by the governmental entity, in order to continue
receiving such notices.
(4) Zf the governmental entity makes a material change in the capital
improvements plan or amendment, further notice and hearing may be provided
before the governmental entity adopts the revision if the governmental
entity makes a finding that further notice and hearing are required in the
public interest.
(5) Following adoption of the initial capital improvements plan, a
governmental entity shall conduct a public hearing to consider adoption of
an ordinance authorizing the imposition of development impact fees or any
amendment thereof. Notice of the hearing shall be provided in the same
manner as set forth in subsection (3) of this section for adoption of a
capital improvements plan.
(6) Nothing contained in this section shall be construed to alter the
procedures for adoption of an ordinance by the governmental entity.
Provided, however, a development impact fee ordinance shall not be adopted
as an emergency measure and shall not take effect earlier than thirty (30)
days subsequent to adoption.
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Idaho Statutes Page 2 of 2
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