06-1255 City Code Impact Fee Ordinance Amendment
CITY OF MERIDIAN ORDINANCE NO. OlD- 11..$
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO, BY REPEALING EXISTING
TITLE 10, CHAPTER 7, MERIDIAN CITY CODE, AND BY ADOPTING A NEW
TITLE 10, CHAPTER 7, MERIDIAN CITY CODE, TO BE KNOWN AS THE
MERIDIAN IMPACT FEE ORDINANCE; TO PROVIDE FOR THE IMPOSITION,
COMPUTATION AND PAYMENT OF A POLICE IMPACT FEE, A FIRE IMPACT
FEE, AND A PARKS AND RECREA TION IMPACT FEE ON FUTURE
DEVELOPMENT; PROVIDING AUTHORITY, INTENT AND DEFINITIONS;
PROVIDING FOR THE ESTABLISHMENT OF SEPARATE IMPACT FEE FUNDS
FOR EACH OF SUCH IMPACT FEES; PROVIDING FOR EXEMPTIONS,
REFUNDS, CREDITS AND WAIVERS RESPECTING SUCH IMPACT FEES;
PROVIDING GENERAL PROVISIONS, APPLICABILITY AND APPEALS; AND
PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, pursuant to the authority granted in Section 67-8201, et seq., Idaho
Code, the City of Meridian ("the City") may impose Impact Fees to fund expenditures by the
City Police Department, the City Fire Department and the City Parks and Recreation
Department on Capital Improvements needed to serve new growth and development; and
WHEREAS, the City retained BBC Research and Consulting, Galena Consulting and
Spink Butler, LLP (collectively, "Consultant") to analyze and assess new growth and
development projections for the period 2006 to 2026 in order to determine the demand for
police, fire, and parks and recreation Capital Improvements to accommodate new growth and
development in the City and the City's area of city impact; and
WHEREAS, the City of Meridian Impact Fee Study and Capital Improvements Plan,
prepared by BBC Research and Consulting, dated August Z!O ,2006 (the "Impact Fee
Study"), sets forth a reasonable methodology and analysis for determining and quantifying
the impacts of various types of new residential and nonresidential Development on the City's
police, fire, and parks and recreation Public Facilities; quantifies the reasonable impact of
new growth and development on the System Improvements addressed therein; determines the
costs necessary to meet demands created by new growth and development; and determines
Impact Fees as set forth in this Chapter that are at a level no greater than necessary to defray
the cost of planned Capital Improvements to increase the service capacity of the City's
existing police, fire, and parks and recreation Public Facilities. The City hereby establishes
as the City standards the assumptions and Level of Service standards referenced in the
Impact Fee Study as part of the City's current plans for future expansions to the police, fire,
and parks and recreation Public Facilities.
IMP ACT FEE AMENDMENT ORDINANCE
Page 1 of 23
WHEREAS, based on reasonable methodologies and analyses for determining the
impacts of new growth and development on the City's police, fire, and parks and recreation
Public Facilities, including review and reliance on that certain City of Meridian
Comprehensive Plan, July 2002 (Resolution 02-382), as amended by Resolution Nos.: 03-
401 and 03-409 (Parks and Recreation System Plan-Action Plan); 04-454; and 06-505 (North
Meridian Area) and that certain amendment to the Comprehensive Plan adopted by the City
on ~e/J Te~ b-er 5" , 2006 (Resolution No. (16 - 5"2. /!1 ) (collectively, the
"Comprehensive Plan"), the Impact Fee Study quantifies the impacts of new growth and
development on Public Facilities, and establishes Impact Fees on new growth and
development no greater than necessary to defray the cost of Capital Improvements that will
increase the service capacity of Public Facilities to serve new growth and development.
WHEREAS, in preparing the Impact Fee Study, Consultant reviewed and has relied
upon the City's ten (10) year Capital Improvements Plans prepared by Consultant and
adopted by the City, and has reviewed and analyzed what elements of new growth and
development are or would generate demand for additional police, fire, and parks and
recreation Capital Improvements addressed therein; and
WHEREAS, all of Capital Improvements planned for and included in the Impact Fee
Study, which are to be funded by police, fire, and parks and recreation Impact Fees are
directly related to services that the City is authorized to provide, and are services required by
the general policies of the City pursuant to resolution, code or ordinance; and
WHEREAS, an equitable program for planning and financing Capital Improvements
to increase the service capacity of Public Facilities needed to serve new growth and
development is necessary in order to promote and accommodate orderly growth and
development and to protect the public health, safety and general welfare ofthe citizens of the
City and City's area of City impact. Such protection requires that the City's police, fire, and
parks and recreation Public Facilities be expanded to accommodate new growth and
development within the City, and the City's area of city impact.
WHEREAS, the police, fire, and parks and recreation Impact Fees to be imposed on
new growth and development will be and are hereby legislatively adopted, will be generally
applicable to a broad class of property and are intended to defray the projected impacts on
such Capital Improvements caused by new growth and development as required by law; and
WHEREAS, the Impact Fee Study quantifies the reasonable impacts of new growth
and development on existing police, fire, and parks and recreation Capital Improvements,
and the reasonable costs of Capital Improvements necessary to increase the service capacity
of the City's existing police, fire, and parks and recreation Public Facilities to accommodate
the additional demands and impacts of new growth and development; and
WHEREAS, based upon the Impact Fee Study, the testimony at public hearing and a
review of all of the facts and circumstances, in the reasonable judgment of the City Council,
IMP ACT FEE AMENDMENT ORDINANCE
Page 2 of 23
the police, fire, and parks and recreation Impact Fees hereby established are at levels no
greater than necessary to defray the cost of Capital Improvements directly related to the
categories of residential and nonresidential land Development listed herein; and
WHEREAS, in adopting the police, fire, and parks and recreation Capital
Improvements Impact Fees, the City Council intends and has determined that such Impact
Fees are designed to and do address Capital Improvements needs that are brought about by
new growth and development, which needs are separate and distinct from the impacts and
needs addressed by other requirements of the City's codes and ordinances, and in no
circumstance do the Impact Fees set forth herein address the same subjects as other
requirements of the City's codes and ordinances for site specific dedications or
improvements; and
WHEREAS, the Impact Fees adopted hereby shall be collected and accounted for in
accordance with Section 67-8201, et seq., Idaho Code; and
WHEREAS, in accordance with the procedural requirements of Title 67, Chapter 65,
Idaho Code, the Capital Improvements Plans have been adopted as part of the
Comprehensive Plan, and in accordance with the procedural requirements of Title 67,
Chapter 82, Idaho Code, the Impact Pee Study and Capital Improvements Plans have been
presented to and reviewed by the City Council; and
WHEREAS, after due and timely notice, the City Council held a public hearing to
discuss, review and hear public comments on the proposed Impact Fees set forth herein; and
WHEREAS, the Impact Fees adopted hereby are fair and rational, charge new
growth and development according to new growth and development's impact on the City's
police, fire, and parks and recreation Public Facilities and benefit those who pay Impact Fees
in a tangible way.
BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
The foregoing recitals are hereby affirmed and incorporated herein by this reference as
findings of the City Council. The existing Title 10, Chapter 7, of the Meridian the City Code
is hereby repealed and a new Title 10, Chapter 7, of the Meridian the City Code is hereby
adopted as follows:
IMP ACT FEE AMENDMENT ORDINANCE
Page 3 of23
TITLE 10, CHAPTER 7,
MERIDIAN IMPACT FEE ORDINANCE
SECTION
10-07-01 Legislative Findings
10-07 -02 Authority, Applicability, and Effective Date
10-07-03 Intent
10-07 -04 Definitions
10-07-05 Imposition and Computation of Impact Fees
10-07-06 Payment of Impact Fees
10-07-07 Impact Fee Fund; Refunds of Impact Fees Paid
10-07-08 Exemptions From Impact Fees
10-07-09 Credits; Reimbursements
10-07 -10 Appeals
10-07-11 Impact Fee Advisory Committee
10-07 -12 Miscellaneous Provisions
10-07 -01 - Legislative Findings
The City Council of the City of Meridian, Idaho finds that:
(a) Based on the City of Meridian Comprehensive Plan adopted by the City pursuant to,
Title 67, Chapter 65, Idaho Code, including but not limited to the Capital Improvements
Element of the Comprehensive Plan, and the general governmental goal of protecting the
health, safety, and general welfare of the citizens of the City, and its area of City impact, it is
necessary that the City's Public Facilities for: (1) park and recreation Public Facilities; and
(2) public safety Public Facilities for law enforcement and fire to accommodate new growth
and development within the City, and its area of City impact.
(b) New residential and nonresidential growth and development imposes and will impose
increasing and demands upon the Public Facilities.
( c) The revenues generated from new residential and nonresidential growth and
development often do not generate sufficient general funds to provide the necessary
improvements of these Public Facilities to accommodate new growth and development.
(d) New growth and development are expected to continue, and will place ever-
increasing demands on the City to provide and expand the Public Facilities to serve new
growth and development.
(e) The City has planned for the improvement of the Public Facilities in the Capital
Improvements Element of the City of Meridian Comprehensive Plan.
(f) The creation of an equitable Impact Fee system would enable the City to impose a
Proportionate Share of the costs of needed improvements to the Public Facilities to
IMP ACT FEE AMENDMENT ORDINANCE
Page 4 of23
accommodate new growth and development, and would assist the City in implementing the
Capital Improvements Element of the Comprehensive Plan.
(g) In order to implemen!_an equitable Impact Fee system for the Public Facilities, the
City retained BBC Research & Consulting to prepare an Impact Fee Study for these types of
facilities. The resulting document titled "The City of Meridian Impact Fee Study and Capital
Improvements Plan," dated August~, 2006 (the "Impact Fee Study"), recommended
for approval by the Impact Fee Advisory Committee, is on file in the office of the city clerk
of the City of Meridian.
(h) The Impact Fee Study is consistent with the Capital Improvements Element ofthe
City of Meridian Comprehensive Plan, and uses the Levels of Service set forth in the
Comprehensive Plan for these Public Facilities.
(i) The Impact Fee Study sets forth reasonable methodologies and analyses for
determining the impacts of various types of new growth and development on the Public
Facilities, and determines the cost of acquiring or constructing the improvements necessary
to meet the demands for such Public Facilities created by new growth and development.
G) The Impact Fee Study uses a calculation methodology in accordance with generally
accepted accounting principles that is net of credits for the Present Value of revenues that
will be generated by new growth and development based on historical funding patterns and
that are anticipated to be available to pay for System Improvements, including taxes,
assessments, user fees, and intergovernmental transfers, and included consideration of the
following factors:
1. The cost of existing System Improvements within the Service Area;
2. The means by which existing System Improvements have been financed;
3. The extent to which the new growth and development will contribute to the
cost of System Improvements through taxation, assessment, or Developer or
landowner contributions, or has previously contributed to the cost of System
Improvements through Developer or landowner contributions;
4. The extent to which the new growth and development is required to
contribute to the cost of existing System Improvements in the future;
5. The extent to which the new growth and development should be credited for
providing System Improvements, without charge to other properties within
the Service Area;
6. Extraordinary costs, if any, incurred lU servlUg the new growth and
development;
IMP ACT FEE AMENDMENT ORDINANCE
Page 5 of23
7. The time and price differential inherent in a fair comparison of Impact 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, transfers, and special
taxation.
(k) The maximum allowable Impact Fees described in this Ordinance are based on the
Impact Fee Study, and do not exceed the costs of System Improvements for the Public
Facilities to serve new growth and development that will pay the Impact Fees.
(1) The police, fire, and parks and recreation Public Facilities included in the calculation
of Impact Fees in the Impact Fee Study will benefit all new growth and development
throughout the City, and it is therefore appropriate to treat all areas ofthe City and the area of
city impact as a single Service Area for purposes of calculating, collecting and spending the
Impact Fees collected.
(m) There is both a rational nexus and a rough proportionality between the development
impacts created by each type of development covered by this Ordinance and the Impact Fees
that such development will be required to pay.
(n) This Ordinance creates a system by which Impact Fees paid by new growth and
development will be used to finance, defray or to provide Capital Improvements for the.
Public Facilities in ways that benefit the development for which Impact Fees were paid.
(0) This Ordinance creates a system under which Impact Fees shall not be used to correct
existing deficiencies in Public Facilities, or to replace or rehabilitate existing Public
Facilities, or to pay for routine operation or maintenance of those Public Facilities.
(p) This Ordinance is consistent with all applicable provisions of Title 67, Chapter 82,
Idaho Code, concerning Impact Fee Ordinances.
10-07-02 - Authoritv. Applicabilitv. and Effective Date
(a) This Ordinance is enacted pursuant to the City's general police powers pursuant to the
authority granted to the City by Title 50, Idaho Code, and pursuant to the authority granted to
the City by Section 67-8201, et seq., Idaho Code.
(b) The provisions of this Ordinance shall apply to all of the territory within the limits of
the City and to any unincorporated areas of the City within the City's area of city impact
where the City has executed an intergovernmental agreement with Ada County for purposes
of collection or expenditure of Impact Fees pursuant to Section 67-8204A, Idaho Code, and
other applicable laws of the State ofldaho.
(c) This Ordinance is effective ~-ecel1'1-~ I ,2006 (the "Effective Date"),
which Effective Date is at least thirty (30) days subsequent to the passage, approval and
IMP ACT FEE AMENDMENT ORDINANCE Page 6 of 23
publication, according to law, of Ordinance No. ~b-IZ!i 5" ,which adopted the
provisions hereof.
(d) Applications for Building Permits received by the City 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 ofthis
Ordinance, or amendment enacted after such Building Permit application, if a valid Building
Permit has been issued or construction has commenced prior to the Effective Date of this
Ordinance, or amendment. For Building Permits that expire or are revoked after the
Effective Date of this Ordinance, the Feepayor shall be entitled to a refund of previously paid
Impact Fees as provided further in Section 10-07-07, Meridian Code, provided that in the
case of reapplication for Building Permit, the Impact Fee in effect at that time shall be paid.
(e) Notwithstanding any other provision oflaw, Development Requirements for System
Improvements shall be imposed by the City only by way ofImpact Fees imposed pursuant to
and in accordance with Section 67-8201 et seq., Idaho Code, and this Ordinance.
10-07 -03 - Intent
(a) The intent of this Ordinance is to promote the health, safety and general welfare of
the residents of the City and its area of city impact.
(b) The intent of this Ordinance is to be consistent with those principles for allocating a '
fair share of the cost of Capital Improvements to Public Facilities to serve new growth and
development in compliance with the provisions set forth in Section 67-8201, et seq., Idaho
Code. The provisions of this Ordinance shall be interpreted, construed and enforced in
accordance with the provisions set forth in Section 67-8201, et seq., Idaho Code.
(c) The intent of this Ordinance is that Impact Fees should be charged, collected, and
expended for police, fire, and parks and recreation Capital Improvements to increase the
service capacity of such categories of Public Facilities, which Capital Improvements are
included in approved Capital Improvements Plans that list the Capital Improvements that
maybe funded with Impact Fees.
(d) The intent of this Ordinance is to ensure that: Public Facilities are available to serve
new growth and development; new growth and development bears a Proportionate Share of
the cost of police, fire, and parks and recreation Capital Improvements to such Public
Facilities; to ensure that such Proportionate Share does not exceed the cost of the Capital
Improvements to such Public Facilities required to serve new growth and development; and
to ensure that the funds collected from new growth and development are used for Capital
Improvements for Public Facilities that benefit new growth and development.
(e) It is not the intent of this Ordinance to collect any monies from new growth and
development in excess of the actual amount necessary to offset new demands for Capital
Improvements to Public Facilities created by such new growth and development.
IMP ACT FEE AMENDMENT ORDINANCE
Page 7 of 23
(f) It is not the intent of this Ordinance that the Impact Fees be used to remedy any
deficiency in police, fire, and parks and recreation Capital Improvements existing on the
Effective Date of this Ordinance, or ever be used to replace, rehabilitate, maintain and/or
operate any Public Facilities.
(g) It is not the intent of this Ordinance that any monies collected from an Impact Fee
deposited in an Impact Fee fund ever be commingled with monies from a different fund, or
ever be used for Capital Improvements that are different from those for which the Impact Fee
was paid.
(h) It is not the intent of this Ordinance that Impact Fees be used for:
(1) Construction, acquisition or expansion of Public Facilities other than Capital
Improvements identified in the Capital Improvements Plans.
(2) Repair, operation or maintenance of existing or new Capital Improvements.
(3) Upgrading, updating, expanding orreplacing existing Capital Improvements
to serve existing Development in order to meet stricter safety, efficiency,
envirorunental or regulatory standards.
(4) Upgrading, updating, expanding or replacing existing Capital Improvements
to serve existing Development to provide better service to existing Development.
(5) Administrative and operating costs of the City unless such costs are
attributable to development of the Capital Improvements Plans used to determine
Impact Fees by a surcharge imposed by ordinance on the collection of an Impact Fee,
which surcharge shall not exceed a Development's Proportionate Share of the cost of
preparing the Capital Improvements Plans.
(6) Principal payments and interest or other finance charges on bonds or other
indebtedness except financial obligations issued by or on behalf ofthe City to finance
Capital Improvements identified in the Capital Improvements Plans.
10-07-04 - Definitions
(a) "Affordable Housing" means housing affordable to families whose incomes do not
exceed eighty percent (80%) of the median income for the Service Area.
(b) "Building Permit" means an official document or certificate by that name issued by
the City authorizing the construction or siting of any building.
(c) "Capital Improvements" means 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.
IMP ACT FEE AMENDMENT ORDINANCE
Page 8 of23
(d) "Capital Improvements Element" means a component of a comprehensive plan.
(e) "Capital Improvements Plan" means a plan adopted pursuant to this Chapter that
identifies Capital Improvements for which Impact Fees may be used as a funding source.
(f) "City" means the City of Meridian, Idaho.
(g) "City Council" means the legislative body of the City of Meridian, Idaho.
(h) "Developer" means any person or legal entity undertaking development, including a
party that undertakes the subdivision of property pursuant to Sections 50-1301 through 50-
1334, Idaho Code and 11-6, Meridian Code.
(i) "Development" means 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
ofland, which creates additional demand and need for Public Facilities or the subdivision of
property that would permit any change in the use, character or appearance of land.
(j) "Development Approval" means any written authorization from a Governmental
Entity which authorizes the commencement of a Development.
(k) "Development Requirement" means a requirement attached to a Development
Approval or other governmental action approving or authorizing a particular Development
including, without limitation, a rezoning, which Development Requirement compels the
payment, dedication or contribution of goods, services, land and/or money as a condition of
approval.
(1) "Dwelling Unit" means 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 a Multifamily building, a mobile home, a Manufactured Home, a
Modular Building and/or a motellhotel/rooming house.
(m) "Extraordinary Costs" means those costs incurred as a result of Extraordinary Impact.
(n) "Extraordinary Impact" means an impact which is reasonably determined by the City
to: result in the need for police, fire, and parks and/or recreation System Improvements, the
cost of which will significantly exceed the sum of the Impact Fees to be generated from the
Project; or result in the need for police, fire, parks and recreation System Improvements that
are not identified in the Capital Improvements Plans.
(0) "Fee Administrator" means the official appointed by the Mayor with the City Council
approval to administer this Chapter.
(p) "F eepayor" means a person who pays or is required to pay an Impact Fee or the
Feepayor's Successor in Interest.
IMP ACT FEE AMENDMENT ORDINANCE
Page 9 of 23
(q) "Governmental Entity" means any unit of local government that is empowered by
Section 67-8201, et seq., Idaho Code, to adopt an Impact Fee ordinance.
(r) "Impact Fee" means a payment of money imposed as a condition of Development
Approval to pay for a Proportionate Share of the cost of System Improvements needed to
serve Development. The term does not include a charge or fee to pay the administrative, plan
review or inspection costs associated with permits required for Development.
(8) "Impact Fee Study" means the document entitled the "City of Meridian Impact Fee
Study and Capital Improvements Plan," dated July 3,2006, prepared by BBC Research &
Consulting for the City.
(t) "Land Use Assumptions" means a description ofthe service area and projections of
land uses, densities, intensities, and population in the service area over at least a twenty (20)
year period.
(u) "Level of Service" means a measure of the relationship between service capacity and
service demand for Public Facilities.
(v) "Manufactured Home" means a structure, constructed according to HUD/FHA mobile
home construction and safety standards, transportable in one (1) or more sections, which, in
the traveling mode, is eight (8) feet or more in width or is forty (40) body feet or more in
length, or when erected on site, is three hundred twenty (320) or more square feet, and which
is built on a permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, and includes the plumbing,
heating, air conditioning, and electrical systems contained therein, except that such term shall
include any structure which meets all the requirements 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 U.S.c. 5401, et seq.
(w) "Modular Building" means any building or building component, other than a
Manufactured Home, which is constructed according to standards contained in the Uniform
Building Code, as adopted by the City or any amendments thereto, which is of closed
construction and is either entirely or substantially prefabricated or assembled at a place other
than the building site.
(x) "Multifamily" means a building or portion thereof, containing two (2) or more
Dwelling Units, excluding attached single-family townhouse units located on individual lots.
(y) "Owner" means the person holding legal title to real property, including the local,
state or federal government or any subdivision thereof.
IMP ACT FEE AMENDMENT ORDINANCE
Page 10 of23
(z) "Person" means an individual, corporation, governmental agency, business trust,
estate, partnership, association, two or more persons having a joint or common interest, or
any other entity.
(aa) "Present Value" means the total current monetary value of past, present or future
payments, contributions or dedications of goods, services, materials, construction or money.
(bb) "Project" means a particular Development on an identified parcel ofland.
(cc) "Project Improvements" means site improvements and facilities that are planned and
designed to provide service for a Project and that are necessary for the use and convenience
of the occupants or users ofthe Project.
(dd) "Proportionate Share" means that portion of the cost of System Improvements
determined pursuant to Section 67-8207, Idaho Code, and Section 10-07-05, Meridian Code,
which reasonably relates to the service demands for Public Facilities of a Project.
(ee) "Public Facility(ies)" means: (1) parks open space and recreation areas, and related
Capital Improvements; and (2) public safety facilities, including law enforcement and fire
facilities.
(ft) "Service Area" means the territory within the limits of the City and the City's area of
city impact.
(gg) "Successor in Interest" means a Person who gains legal title in real property for which
an Impact Fee is paid or a credit is approved pursuant to the terms ofthis Ordinance.
(hh) "System Improvements," in contrast to Project Improvements, means Capital
Improvements to Public Facilities that are designed to provide service to a Service Area
including, without limitation, the type of improvements the City has the authority to make as
described in Section 50-1703, Idaho Code.
(ii) "System improvement costs" means costs incurred for construction or reconstruction
of system improvements, including design, acquisition, engineering and other costs
attributable thereto, and also including, without limitation, the type of costs described in
Section 50-1702(h), Idaho Code, to provide additional public facilities needed to serve new
growth and development. For clarification, system improvement costs do not include:
(i) Construction, acquisition or expansion of public facilities other than capital
improvements identified in the Capital Improvements Plans;
(ii) Repair, operation or maintenance of existing or new Capital Improvements;
(iii) Upgrading, updating, expanding or replacing existing Capital Improvements
to serve existing development in order to meet stricter safety, efficiency,
environmental or regulatory standards;
IMP ACT FEE AMENDMENT ORDINANCE
Page 11 of23
(iv) Upgrading, updating, expanding or replacing existing Capital Improvements
to provide better service to existing development;
(v) Administrative and operating costs of the governmental entity unless such
costs are attributable to development ofthe Capital Improvements Plans, as provided
in Section 67-8208, Idaho Code; or
(vi) Principal payments and interest or other finance charges on bonds or other
indebtedness except financial obligations issued by or on behalf of the governmental
entity to finance Capital Improvements identified in the Capital Improvements Plans.
10-07-05 - Imposition and Computation of Impact Fees
(a) Any application for a Building Permit enabling the construction, and in the case of
construction that does not require a Building Permit, any building that takes place on or after
the Effective Date of this Chapter shall be subject to the imposition of Impact Fees in the
manner and amount set forth in this Chapter. The methodology adopted for the purpose of
determining police, fire, and parks and recreation Impact Fees shall be based upon the
assumptions set forth in the Impact Fee Study.
(b) Impact Fees shall be required as a condition of approval of all residential and
nonresidential Development in the Service Area for which a Building Permit is required and
shall be payable prior to the issuance of any Building Permit (or installation permit in the
case ofa Manufactured Home) for a Dwelling Unit or a nonresidential building. Except as
otherwise provided herein, after the Effective Date of this Chapter, no Building Permit shall
be issued until the Impact Fees described in this Chapter have been paid, unless the
Development for which the permit is sought is exempted by Section 10-07-08 or approved
credits are used to cover the Impact Fee, as set forth in Section 10-07-09. The Fee
Administrator 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.
(c) A F eepayor required by this Chapter to pay an Impact Fee may choose to have the
amount of such Impact Fee determined pursuant to either the Fee Schedule or subsections (d)
through (f) below. If the Feepayor chooses to have the amount of such Impact Fee
determined pursuant to subsections (d) through (f) below, such Impact Fee shall be subject to
the adjustment described in Section 10-07-09, if applicable. If the Project is a mix of those
uses listed on the Fee Schedule, then the Impact Fees shall be determined by adding up the
Impact Fees that would be payable for each use as ifit were a freestanding use pursuant to
the Pee Schedule.
(d) Individual assessment of Impact Fees is permitted in situations where the Feepayor
can demonstrate by clear and convincing evidence that the established Impact Fee is
inappropriate for the Project. Written application for individual assessment shall be made to
the Fee Administrator at any time prior to receiving Building Permit( s). Late applications for
individual assessment ofImpact Fees may be considered for a period of sixty (60) days after
IMP ACT FEE AMENDMENT ORDINANCE
Page 12 of23
the receipt of a Building Permit only if the Feepayor makes a showing that the facts
supporting such application were not known or discoverable prior to receipt of a Building
Permit and that undue hardship would result if said application is not considered. Such
independent Impact Fee calculation study for the F eepayor's Development shall be prepared
at the F eepayor's cost by a qualified professional and contain studies, data and other relevant
information and be submitted to the Fee Administrator for review. Any such study shall be
based on the same methodology and the same Level of Service standards, improvements and
costs used in the Impact Fee Study, and must document the methodologies and assumptions
used. The City may hire a professional consultant to review any independent Impact Fee
calculation study on behalf of the City, and may charge the reasonable costs of such review
to the Feepayor.
(e) Any independent Impact Fee calculation study submitted by a Feepayor may be
accepted, rejected or accepted with modifications by the City as the basis for calculating
Impact Fees. The City shall not be required to accept any study or documentation the City
reasonably deems to be inaccurate or unreliable, and shall have the authority to request that
the Feepayor submit additional or different documentation for consideration in connection
with review of any independent Impact Fee calculation. If such additional or different
documentation is accepted or accepted with modifications as a more accurate measure of the
Impact Fees due in connection with Feepayor's proposed Development than the applicable
Impact Fees set forth in subsection the Fee Schedule, then the Impact Fee due under this
Chapter shall be calculated according to such documentation.
(f) The Fee Administrator shall render a written decision establishing the Impact Fees in
connection with the individual assessment within thirty (30) days of the date a complete
application is submitted. The decision shall include an explanation ofthe calculation ofthe
Impact Fees, shall specify the System Improvement( s) for which the Impact Fees are intended
to be used, and shall include an explanation of the following factors considered:
(1) The cost of existing System Improvements within the Service Area;
(2) The means by which existing System Improvements have been financed;
(3) The extent to which the new growth and development will contribute to the
cost of System Improvements through taxation, assessment, or Developer or
landowner contributions, or has previously contributed to the cost of System
Improvements through Developer or landowner contributions;
(4) The extent to which the new growth and development is required to
contribute to the cost of existing System Improvements in the future;
(5) The extent to which the new growth and development should be credited for
providing System Improvements, without charge to other properties within the
Service Area;
IMP ACT FEE AMENDMENT ORDINANCE
Page 13 of23
(6) Extraordinary costs, if any, incurred m servmg the new growth and
development;
(7) The time and price differential inherent in a fair comparison ofImpact 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, transfers, and special taxation.
(g) Certification of the Impact Fee for a 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 Development Approval by the City Council. Late applications for
certification of the Impact Fee will not be considered unless the Feepayor 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 Feepayor with a written Impact Fee
certification for the Project within thirty (30) days of the date a complete application
is submitted. The certification provided by the Fee Administrator shall establish the
Impact Fee for the Project in question, so long as there is no material change to the
Project as identified in the certification application or the Impact Fee schedule. The
certification shall include an explanation offactors considered, and shall specify the
System Improvement(s) for which the Impact Fee is intended to be used.
The certification shall include an explanation of the calculation of the Impact Fee, shall
specify the System Improvement( s) for which the Impact Fee is intended to be used, and shall
include an explanation of the factors considered, which factors are identified in subsection (f)
above.
(h) Appeals of the Fee Administrator's determination of an individual assessment or
certification shall be made to the City as provided further in this Chapter.
(i) The City 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 that
exceed the amount of the anticipated Impact Fees from such Development. If the City
determines that a proposed Development would create such an Extraordinary Impact on the
City's police, fire, and/or parks and recreation Public Facilities, the City may refuse to
approve the proposed Development. In the alternative, the City may calculate a pro rata
share per Dwelling Unit, or square feet of nonresidential buildings, of the Extraordinary
Impact and charge a reasonable Extraordinary Impact Fee that is greater than would
ordinarily be charged.
IMP ACT FEE AMENDMENT ORDINANCE
Page 14 of23
(j) If the City discovers an error in its Impact Fee formula that results in assessment or
payment of more than a Proportionate Share, City shall, at the time of assessment on a case
by case basis, adjust the Impact Fee to collect no more than a Proportionate Share or
discontinue the collection of any Impact Fees until the error is corrected by ordinance.
10-07-06 - Payment of Impact Fees
(a) After the Effective Date of this Chapter all Feepayors shall pay the Impact Fees as
provided by this Chapter to the Fee Administrator following application for a Building
Permit and prior to the issuance of any Building Permit for a Dwelling Unit, or
nonresidential building.
(b) All Impact Fees paid by a Feepayor pursuant to this Chapter shall be promptly
deposited in the Impact Fee Fund described in Section 10-07-07.
10-07-07 - Impact Fee Funds: Refunds of Impact Fees Paid
(a) There is hereby established a police Impact Fee fund into which shall be deposited all
police Impact Fees for the purpose of ensuring police Impact Fees collected pursuant hereto
are designated for the accommodation of police Capital Improvements reasonably necessary
to serve new growth and development that paid the Impact Fee.
(b) There is hereby established a fire Impact Fee fund into which shall be deposited all
fire Impact Fees for the purpose of ensuring fire Impact Fees collected pursuant hereto are
designated for the accommodation of fire Capital Improvements reasonably necessary to
serve new growth and development that paid the Impact Fee.
(c) There is hereby established a parks and recreation Impact Fee fund into which shall
be deposited all parks and recreation Impact Fees for the purpose of ensuring parks and
recreation Impact Fees collected pursuant hereto are designated for the accommodation of
parks and recreation Capital Improvements reasonably necessary to serve new growth and
development that paid the Impact Fee.
(d) Each fund shall be an interest-bearing account which shall be accounted for
separately from other Impact Fee funds and from other City funds. Any interest or other
income earned on monies deposited in a fund shall be credited to such fund. Expenditures of
Impact Fees shall be made only for the category of System Improvements for which the
Impact Fees were collected and as identified in the Capital Improvements Plans.
(e) Except as otherwise provided herein, monies from each fund, including any accrued
interest, shall be limited to the financing of acquisition, expansion, and/or improvement of
Capital Improvements, or for principal and interest payments on bonds or other borrowed
revenues used to acquire, expand or improve such Capital Improvements, necessary to serve
new growth and development. Impact Fees in each fund shall be spent within eight (8) years
from the date such Impact Fees were collected on a first-inlfirst-out (FIFO) basis. The City
IMP ACT FEE AMENDMENT ORDINANCE
Page 15 of23
may hold the Impact Fees longer than the prescribed time period if the City identifies, in
writing: (1) a reasonable cause why the Impact Fees should be held longer; and (2) an
anticipated date by which the Impact Fees will be expended but in no event longer than
eleven (11) years from the date the Impact Fees were collected.
(f) The Fee Administrator shall prepare quarterly and annual reports to be provided to
the Advisory Committee and the City Council, which reports shall: (1) Describe the amount
of all Impact Fees collected, appropriated or spent for System Improvements during the
preceding quarter or year, as applicable, by category of Public Facility; and (2) Describe the
percentage oftax and revenues other than Impact Fees collected, appropriated or spent for
System Improvements during the preceding quarter or year, as applicable, by category of
Public Facility.
(g) Funds shall be deemed expended when payment of such funds has been approved by
the City. The F eepayor or Successor in Interest shall be entitled to a refund ofthe Impact Fee
if: (1) service is available but never provided; (2) a Building Permit or permit for installation
of a manufactured home is revoked or abandoned; (3) the City, after collecting the Impact
Fee when service is not available, has failed to appropriate and expend the collected Impact
Fees; or (4) the Feepayor pays an Impact Fee under protest and a subsequent review of the
Impact Fee paid or the completion of an individual assessment determines that the Impact
Fee paid exceeded the Proportionate Share to which the City was entitled to receive.
(h) When the right to a refund exists, within ninety (90) days after the City determines
that a refund is due, the City shall provide written notice of entitlement to a refund, to the
Owner of record and the Feepayor who paid the Impact Fees at the address shown on the
application for Development Approval, or to a Successor in Interest who has notified the City
of a transfer of the right or entitlement to a refund and who has provided to the City a mailing
address. When the right to a refund exists, the City shall also publish the notice of
entitlement to a refund within thirty (30) days after the expiration ofthe eight (8) year period
after the date that the Impact Fees were collected. Such published notice shall contain the
heading "Notice of Entitlement to Impact Fee Refund."
(i) A refund shall include interest at one-half(l/2) the legal rate provided for in Section
28-22-104, Idaho Code, from the date on which the Impact Fee was originally paid.
(j) In order to be eligible for a refund, a Feepayor, Successor in Interest or Owner of
record shall file a written application for a refund with the Fee Administrator within six (6)
months of the time such refund becomes payable under subsection (e) above, or within six
(6) months of publication of the notice of entitlement to a refund, whichever is later. If a
Successor in Interest claims a refund of Impact Fees, the Fee Administrator may require
written documentation that such rights have been transferred to the claimant prior to issuing
the requested refund. Refunds shall be paid within sixty (60) days after the date on which the
Fee Administrator determines that a sufficient proof of claim for a refund has been made.
IMP ACT FEE AMENDMENT ORDINANCE
Page 16 of23
(k) Any person entitled to a refund shall have standing to sue for a refund under the
provisions of this Chapter if there has not been a timely payment of a refund as provided
herein.
10-07-08 - Exemptions from Impact Fees
(a) The following types of land Development shall be exempted from payment of the
Impact Fees imposed by this Chapter:
(1) Rebuilding or replacing a Dwelling Unit or the same amount of square feet of
a nonresidential structure on the same lot and existing on the Effective Date of this
Chapter provided that the rebuilt or replaced Dwelling Unit or nonresidential
structure does not increase the need for police, fire, and parks and recreation Public
Facilities. If such Dwelling Unit or nonresidential structure was destroyed, such
Dwelling Unit or nonresidential structure must be rebuilt or replaced and ready for
occupancy within two (2) years of destruction.
(2) Construction of an unoccupied, detached accessory structure, or addition of
uses related to a Dwelling Unit unless it can be clearly demonstrated that the use
creates a significant impact on the capacity of System Improvements.
(3) Remodeling or repairing a Dwelling Unit or a nonresidential structure in a
manner that does not increase the need for police or fire or parks and recreation
Public Facilities.
(4) Placing a temporary construction trailer or office on a lot.
(b) An Impact Fee will be assessed for installation of a Modular Building or
Manufactured Home unless the Feepayor can demonstrate by documentation such as utility
bills and tax records, either: (1) that a Modular Building or Manufactured Home was legally
in place on the lot or space prior to the Effective Date of this Chapter; or (2) that an Impact
Fee has been paid previously for the installation of a Modular Building or Manufactured
Home on that same lot or space.
(c) Developments determined by the City Council that provide Affordable Housing may
be exempt from the Impact Fee requirement, provided that the exempt Development's
Proportionate Share of System Improvements is funded through a revenue source other than
Impact Fees.
(1) Current housing affordability guidelines published by the U.S. Department of
Housing and Urban Development ("HUD") shall be used to determine whether
Dwelling Units in the Development qualify as Affordable Housing.
IMP ACT FEE AMENDMENT ORDINANCE
Page 17 of23
(2) Affordable Housing Projects are required to demonstrate that they will
provide Dwelling Units to eligible families based on HUD income and family size
guidelines.
(3) Providers of Affordable Housing Dwelling Units must demonstrate a long-
term commitment to provide Affordable Housing for a period of not less than twenty
(20) years.
(d) Appeals of the Fee Administrator's determination shall be made as provided further
in this Chapter.
10-07-09 - Credits; Reimbursements
(a) No Feepayor shall be required to construct, fund or contribute any Capital
Improvement to meet the same need for police, fire, and parks and recreation Capital
Improvements for which an Impact Fee is imposed. All System Improvements constructed,
funded or contributed for police, fire, and parks and recreation Capital Improvements for
which an Impact Fee is imposed, over and above those required by the City in connection
with new development, shall result in either a credit on future Impact Fees orreimbursement
(at the Feepayor's option) for such excess to be paid by future Development that benefits
from such System Improvements. However, no credit or reimbursement shall be provided
for: (1) Project Improvements; (2) any construction, funding or contribution not agreed to in
writing by the City prior to commencement of such construction, funding or contribution;
and (3) any construction, funding or contribution of a type of Capital Improvements not
included in the calculation of the applicable Impact Fee.
(b) In the calculation of Impact Fees for a Project pursuant to Section 10-07-05 (d)
through (f), credit shall be given for the Present Value of all tax and user fee revenue
generated by the Feepayor within the Service Area and used by the City for System
Improvements ofthe category for which the Impact Fee is being collected. Ifthe amount of
such credit exceeds the Impact Fee for a Project, the Feepayor shall receive a credit on future
Impact Fees.
(c) In the calculation of Impact Fees for a Project, credit or reimbursement (at the
Feepayor's option) shall be given for the Present Value of any construction of System
Improvements or contribution of land or money required by the City from the Feepayor for
System Improvements of the category for which the Impact Fee is being collected, including
System Improvements paid for through local improvement district assessments.
(d) If credit or reimbursement is due to the Feepayor, the City and Feepayor shall enter
into a written agreement, negotiated in good faith, prior to the construction, funding or
contribution. The written agreement shall include, without limitation: a description of the
construction, funding or contribution of System Improvements including, in the case of real
property, a legal description of the real property; description as to how the System
Improvements are to be valued; the amount of the credit or the amount, time and form of
IMP ACT FEE AMENDMENT ORDINANCE
Page 18 of23
reimbursement; instructions as to how the Capital Improvements should be provided to the
City to ensure full transfer of ownership; and the circumstances under which the credit or
reimbursement is deemed effective. To assist in such reimbursement, the City shall continue
to collect Impact Fees from other Developers whose proposed Developments will benefit
from such construction, funding or contribution, and will promptly transfer such funds to the
Feepayor. If a Successor in Interest claims a reimbursement or credit, the Fee Administrator
may require written documentation that such rights have been conveyed to the claimant prior
to issuing the requested reimbursement or credit.
(e) Approved credits may be used to reduce the amount of Impact Fees ofthe category
for which the Impact Fee is being collected in connection with any new growth and
development until the amount of the credit is exhausted. Each time a request to use approved
credits is presented to the City, the City shall reduce the amount of the applicable Impact Fee
otherwise due from the Feepayor and shall note in the City records the amount of credit
remaining, if any. Upon request of the Feepayor, the City shall issue a letter stating the
amount of credit available. Ifthe credit has not been exhausted within eight (8) years ofthe
date of issuance of the first Building Permit for which an Impact Fee was due and payable, or
within such other time period as may be designated in writing by the City, such credit shall
lapse, unless a refund ofthe remaining credit is applied for as set forth in Section 10-07-07(j)
above.
(f) Approved credits or reimbursement shall only be used to reduce the amount of the
Impact Fee ofthe category for which the Impact Fee is otherwise due, and shall not be paid
to the Feepayor in cash or in credits against any other monies due from the Feepayor to the
City.
(g) Credit for land dedications shall, at the Feepayor's option, be valued at: (1) one
hundred (100) percent of the most recent assessed value for such land as shown in the
records of the Ada County Assessor; or (2) that fair market value established by an MAl
appraiser reasonably acceptable to the City in an appraisal paid for by the Feepayor. Credit
for contribution or construction of System Improvements shall be valued by the City based
on complete engineering drawings, specifications, and construction cost estimates submitted
by the Feepayor to the City, which estimates shall be revised as actual costs become
available. The City shall determine the amount of credit due based on the information
submitted, or, if the City determines that such information is inaccurate or unreliable, then on
alternative engineering or construction costs reasonably acceptable to the City as a more
accurate measure of the value of the offered System Improvements to the City.
(h) Approved credits for land dedications shall become effective when the land has been
conveyed to the City in a form reasonably acceptable to the City at no cost to the City, and
has been accepted by the City. Approved credits for contribution or construction of System
Improvements shall generally become effective when: (1) all required construction has been
completed and has been accepted by the City; and (2) all design, construction, inspection,
testing, bonding, and acceptance procedures have been completed in compliance with all
applicable requirements of the City. Approved credits for the construction of System
IMPACT FEE AMENDMENT ORDINANCE Page 19 of23
Improvements may become effective at an earlier date if the Feepayor posts security in the
form of a performance bond, irrevocable letter of credit or escrow agreement in the amount
and under terms reasonably acceptable to the City.
(i) Credit may only be transferred by a Feepayor that has received credit to such
Feepayor's Successor in Interest. The credit may be used only to offset Impact Fees for the
same category for which the credit was issued. Credits shall be transferred by any written
instrument clearly identifying which credits are being transferred, the dollar amount of the
credit being transferred, and the System Improvements for which the credit was issued. The
instrument of transfer shall be signed by both the transferor and transferee, and a copy of the
document shall be delivered to the Fee Administrator for documentation of the transfer
before the transfer shall be deemed effective.
10-07 -10 - Apoeals
The decisions of the Fee Administrator may be appealed as provided below:
(a) Any Feepayor who is or may be obligated to pay an Impact Fee, may appeal a
decision made by the Fee Administrator in applying this Ordinance to the City Council's
designee. Such decisions that may be appealed include:
(1) The applicability of an Impact Fee to the Development.
(2) The amount of an Impact Fee to be paid for the Development.
(3) The availability, amount or application of any credit.
(4) The amount of any refund, reimbursement or credit.
A F eepayor may pay an Impact Fee under protest in order to obtain a Development
Approval or Building Permit(s) and, by paying such Impact Fee, shall not be estopped
from exercising the right of appeal provided herein, nor shall the Feepayor be estopped
from receiving a refund of any amount deemed to have been illegally collected. Upon
final disposition of an appeal, the Impact Fee shall be adjusted in accordance with the
decision rendered and, if necessary, a refund paid.
(b) In order to pursue an appeal, the F eepayor shall file a written notice of appeal with the
City Council's designee within fifteen (15) days after the date of the decision being appealed,
or the date on which the Feepayor submitted a payment of Impact Fees under protest,
whichever is later. Such written application shall include a statement describing why the
appellant believes that the decision was in error, together with copies of any documents that
the appellant believes supports the claim.
(c) The City Council's designee shall notify the Feepayor of the hearing date on the
appeal, which notice shall be given no less than fifteen (15) days prior to the date of the
hearing, and shall hear the appeal within thirty (30) days after receipt of a written notice of
IMP ACT FEE AMENDMENT ORDINANCE Page 20 of 23
appeal. The appellant shall have a right to be present and to present evidence in support of
the appeal. The Fee Administrator who made the decision under appeal shall likewise have
the right to be present and to present evidence in support of the decision. The burden of proof
in any such hearing shall be on the Feepayor to demonstrate that the amount of the Impact
Fee, credit, reimbursement or refund was not properly calculated by the City.
(d) The criteria to be used by the City Council's designee shall be whether: (1) the
decision or interpretation made by the Fee Administrator; or (2) the alternative decision or
interpretation offered by the appellant, more accurately reflects the intent of this Ordinance
that new growth and development in the City pay its Proportionate Share of the costs of
System Improvements for Public Facilities necessary to serve new development. The City
Council's designee may affirm, reject or revise the decision of the Fee Administrator,
providing written findings of fact and conclusions, within fifteen (15) days after hearing the
appeal. The City Council's designee shall modify the amount of the Impact Fee, credit,
refund or reimbursement only if there is substantial evidence in the record that the Fee
Administrator erred, based upon the methodologies contained in the Impact Fee Study, this
Ordinance and/or the Capital Improvements Plans. The decision of the City Council's
designee shall be final.
(e) A F eepayor may request that the City enter into mediation by a qualified independent
party to address a disagreement related to the Impact Fee for new growth and development.
Ifboth parties agree to mediation, costs for the independent mediation service shall be shared
equally by the Feepayor and the City. Mediation may take place at any time during an
appeals process and any time limitation relevant to an appeal shall be tolled.
10-07-11 - Impact Fee Advisory Committee
The City has established an Advisory Committee. The Advisory Committee shall continue to
be composed of not fewer than five (5) members appointed by the City Council. Two (2) or
more members of the Advisory Committee shall be active in the business of development,
building or real estate, and two (2) members shall be appointed to the Advisory Committee
who are not employees or officials of the City. The Advisory Committee shall serve in an
advisory capacity to the City Council and is established to:
(1) Assist the City in adopting Land Use Assumptions;
(2) Review the Capital Improvements Plans, and proposed amendments, and file
written comments;
(3) Monitor and evaluate implementation ofthe Capital Improvements Plans;
(4) File periodic reports, at least annually, with respect to the Capital
Improvements Plans and report to the City any perceived inequities in implementing
the Capital Improvements Plans or imposing the Impact Fees; and
IMP ACT FEE AMENDMENT ORDINANCE
Page 21 of23
(5) Advise the City of the need to update or revise Land Use Assumptions,
Capital Improvements Plans and Impact Fees.
The City shall make available to the Advisory Committee, upon request, all financial and
accounting information, professional reports in relation to other development and
implementation of Land Use Assumptions, the Capital Improvements Plans and periodic
updates of the Capital Improvements Plans.
10-07-12 - Miscellaneous Provisions
(a) As used in this Chapter, masculine, feminine or neuter gender and the singular or
plural number shall each be deemed to include the others wherever and whenever the context
so dictates; the word shall, will or must is always mandatory; the word may is permissive;
and the word should indicates that which is recommended, but not required.
(b) Nothing in this Chapter shall limit or modifY the rights of any person to complete any
Development for which a lawful Building Permit was issued prior to the Effective Date of
this Ordinance.
(c) Nothing in this Chapter shall prevent the City from requiring a Developer to construct
reasonable Project Improvements in conjunction with a Project.
(d) Nothing in this Chapter shall limit the ability of the City to enter into
intergovernmental agreements as provided in Section 67-8204A, Idaho Code.
(e) The Impact Fees described in this Chapter, and the administrative procedures of this
Chapter shall be reviewed at least once every five (5) years to ensure that: (1) the demand
and cost assumptions and other assumptions underlying such Impact Fees are still valid;
(2) the resulting Impact Fees do not exceed the actual costs of providing police, fire, and/or
parks and recreation System Improvements required to serve new growth and development;
(3) the monies collected in any Impact Fee fund have been and are expected to be spent for
System Improvements of the type for which such Impact Fees were paid; and (4) such
System Improvements will benefit those Developments for which the Impact Fees were paid.
(f) Violation of this Chapter shall be subject to those remedies provided in the Meridian
City Code. Knowingly furnishing false information to any official of the City charged with
the administration of this Chapter on any matter relating to the administration of this Chapter
including, without limitation, the furnishing of false information regarding the expected size
or use of a proposed Development, shall be a violation of this Chapter.
(g) The captions used in this Chapter are for convenience only and shall not affect the
interpretation of any portion ofthe text ofthis Chapter.
IMP ACT FEE AMENDMENT ORDINANCE
Page 22 of23
(h) If any paragraph, section, subsection, sentence, clause or phrase of this Ordinance is,
for any reason, held to be invalid, inconsistent with the provisions of the Idaho Impact Fee
Act, Sections 67-8201, et seq., Idaho Code, unconstitutional and/or unenforceable, such
provisions shall be deemed to be separate, distinct and independent and the remaining
provisions of this Ordinance shall continue in full force and effect.
(i) This Ordinance shall be in full force and effect from and after thirty (30) days
subsequent to this Ordinance's passage, approval, and publication, according to law,
whereupon Title 10, Chapter 7, existing on the date hereof, and all ordinances or parts of
ordinances, codes or parts of codes, in conflict with the provisions of this Ordinance shall be
repealed.
PASSED by the City Council of the City of Meridian, Idaho, this
of ~fJ fern. /.wL, , 2006.
SI!:- day
APPROVED by the Mayor of the City of Meridian, Idaho, this
.J::e,fJk;n,.-~ ,2006.
.
5~
day of
APPROVED:
~~~
MAYOR MY de WEERD
ATTEST:
( Bh':::..L
., CITY C~R_ ~""' ....~~, (0) ,:~_
~ '() ,"err 15"\ ' ,/ ,'/'; .
--;.. ." ...,~ _......-...-" ,...'f"', .".
/// O(".~" ,,:: ( ,,)', ,~.,'
//1 '\JlJ'f'f T' 1 ". \ .,
lill, \\\\.
11111/11111\\\\\
IMP ACT FEE AMENDMENT ORDINANCE
Page 23 of 23
EXHIBIT A
FEE SCHEDULE
Except for such Impact Fee as may be calculated, paid and accepted pursuant to an
independent Impact Fee calculation study, the amount of each Impact Fee shall be as follows:
Police Impact
Schedule:
Fee
~
"rll\ v'
QICgl/vV'-
Residential
N on-Residential
$85.00 per Dwelling Unit ili'. o~ $85.00 per Dwelling Unit
$ 0.06 per square foot . p6 $ 0.06 per square foot
Fire Impact Fee Schedule:
Residential
Non-Residential
$377.00 per Dwelling Unit 171. D~ $300.00 per Dwelling Unit
$ 0.25 per square foot 12~ $ 0.20 per square foot
Parks Impact Fee Schedule:
Residential
Non-Residential
$1,384.00 per Dwelling Unit II J8.~ $1,215.00 per Dwelling Unit
$ N/A per square foot /'lIP. $ N/A per square foot
Total Fees:
Residential $1,846.00 per Dwelling Unit IbIO. e $1,600.00 per Dwelling Unit
Non-Residential $ 0.31 per square foot . If $ 0.26 per square foot
This Fee Schedule shall be in effect between M C .ef'h.~ I ,2006, and December
31,2007.
On January 1, 2008 and on January 1 st of each year thereafter in which an Impact Fee is in
effect, the amount of the Impact Fee shall be automatically adjusted to account for inflation
increases in the cost of providing police, fire, and parks and recreation Public Facilities to
serve new growth and development utilizing an inflation factor for building material from a
reputable source such as McGraw Hill's Engineering News Record. Nothing herein shall
prevent the City from electing to maintain a then-existing police, fire, and parks and
recreation Impact Fee or from electing to waive the inflation adjustment for any given fiscal
year, or years. Any such action to determine an inflation factor shall be by the City Council
resolution.
IMP ACT FEE EXHIBIT SCHEDULE
Page 1 of 1
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
Impact Fee Study.max
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO.06-1255
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO, BY REPEALING
EXISTING TITLE 10, CHAPTER 7, MERIDIAN CITY CODE, AND BY
ADOPTING A NEW TITLE 10, CHAPTER 7, MERIDIAN CITY CODE, TO BE
KNOWN AS THE MERIDIAN IMPACT FEE ORDINANCE;
SUMMARY OF PRINCIPAL PROVISIONS: TO PROVIDE FOR THE
IMPOSITION, COMPUTATION AND PAYMENT OF A POLICE IMPACT FEE,
A FIRE IMPACT FEE, AND A PARKS AND RECREATION IMPACT FEE ON
FUTURE DEVELOPMENT; PROVIDING AUTHORITY, INTENT AND
DEFINITIONS; PROVIDING FOR THE ESTABLISHMENT OF SEPARATE
IMPACT FEE FUNDS FOR EACH OF SUCH IMPACT FEES; PROVIDING FOR
EXEMPTIONS, REFUNDS, CREDITS AND WAIVERS RESPECTING SUCH
IMPACT FEES; PROVIDING GENERAL PROVISIONS, APPLICABILITY AND
APPEALS; AND PROVIDING FOR CONFLICT, SEVERABILITY AND AN
EFFECTIVE DATE.
THE FEES ARE TO BE ENACTED AS FOLLOWS:
Police Impact Fee Schedule:
Residential
Non -Residential
Fire Impact Fee Schedule:
Residential
Non -Residential
Parks Impact Fee Schedule:
Residential
Non -Residential
Total Fees:
Residential
Non -Residential
$85.00 per Dwelling Unit
$0.06 per Square Foot
$377.00 per Dwelling Unit
$0.25 per Square Foot
$1138.00 per Dwelling Unit
$ N/A
$1600.00 per Dwelling Unit
$0.31 per Square Foot
The effective date of this Ordinance is the 1st day of December, 2006.
A full text of this ordinance is available for inspection at the City Clerk's Office, City
Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho.
IMPACT FEE ORDINANCE SUMMARY
Page 1 of 2
� � o
Mayor and City Council of t e City of Mercian _
By: William G. Berg, Jr., City Clerk
First Reading: 64- g2 — 04 Adopted ' 1 s`ens'
Rule as allowed pursuant to Idaho Code 50-902 �/, p lon of the
Second Reading: 2 % — UG Third it ' ttding?n"' Z X
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 06- l Z S 5-
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 06- 12-SS of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code § 50-901A (3).
DATED this _12- day of 2006.
William. L.M. Nary, C' orney
IMPACT FEE ORDINANCE SUMMARY
Page 2 of 2