Section 67-8201 – SHORT TITLE.

67-8201. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Development Impact Fee Act." History: [67-8201, added 1992, ch. 282, sec. 1, p. 861.]

Section 67-8202 – PURPOSE.

67-8202. PURPOSE. The legislature finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the state of Idaho. It is the […]

Section 67-8203 – DEFINITIONS.

67-8203. DEFINITIONS. As used in this chapter: (1) "Affordable housing" means housing affordable to families whose incomes do not exceed eighty percent (80%) of the median income for the service area or areas within the jurisdiction of the governmental entity. (2) "Appropriate" means to legally obligate by contract or otherwise commit to use by appropriation […]

Section 67-8204 – MINIMUM STANDARDS AND REQUIREMENTS FOR DEVELOPMENT IMPACT FEES ORDINANCES.

67-8204. MINIMUM STANDARDS AND REQUIREMENTS FOR DEVELOPMENT IMPACT FEES ORDINANCES. Governmental entities which comply with the requirements of this chapter may impose by ordinance development impact fees as a condition of development approval on all developments. (1) A development impact fee shall not exceed a proportionate share of the cost of system improvements determined in […]

Section 67-8204A – INTERGOVERNMENTAL AGREEMENTS.

67-8204A. INTERGOVERNMENTAL AGREEMENTS. Governmental entities as defined in section 67-8203(14), Idaho Code, that are jointly affected by development are authorized to enter into intergovernmental agreements with each other or with highway districts, fire districts, ambulance districts, water districts, sewer districts, recreational water and sewer districts, or irrigation districts for the purpose of developing joint plans […]

Section 67-8205 – DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE.

67-8205. DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE. (1) Any governmental entity that is considering or that has adopted a development impact fee ordinance shall establish a development impact fee advisory committee. (2)(a) The development impact fee advisory committee shall be composed of not fewer than five (5) members appointed by the governing authority of the governmental […]

Section 67-8206 – PROCEDURE FOR THE IMPOSITION OF 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 […]

Section 67-8207 – PROPORTIONATE SHARE DETERMINATION.

67-8207. PROPORTIONATE SHARE DETERMINATION. (1) All development impact fees shall be based on a reasonable and fair formula or method under which the development impact fee imposed does not exceed a proportionate share of the costs incurred or to be incurred by the governmental entity in the provision of system improvements to serve the new […]

Section 67-8208 – CAPITAL IMPROVEMENTS PLAN.

67-8208. CAPITAL IMPROVEMENTS PLAN. (1) Each governmental entity intending to impose a development impact fee shall prepare a capital improvements plan. That portion of the cost of preparing a capital improvements plan which is attributable to determining the development impact fee may be funded by a one (1) time ad valorem levy which does not […]

Section 67-8209 – CREDITS.

67-8209. CREDITS. (1) In the calculation of development impact fees for a particular project, credit or reimbursement shall be given for the present value of any construction of system improvements or contribution or dedication of land or money required by a governmental entity from a developer for system improvements of the category for which the […]

Section 67-8210 – EARMARKING AND EXPENDITURE OF COLLECTED DEVELOPMENT IMPACT FEES.

67-8210. EARMARKING AND EXPENDITURE OF COLLECTED DEVELOPMENT IMPACT FEES. (1) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one (1) or more interest-bearing accounts within the capital projects fund. Accounting records shall be maintained for each category of system improvements and the service area in […]

Section 67-8211 – REFUNDS.

67-8211. REFUNDS. (1) Any governmental entity which adopts a development impact fee ordinance shall provide for refunds upon the request of an owner of property on which a development impact fee has been paid if: (a) Service is available but never provided; (b) A building permit or permit for installation of a manufactured home is […]

Section 67-8212 – APPEALS.

67-8212. APPEALS. (1) A governmental entity which adopts a development impact fee ordinance shall provide for administrative appeals by the developer or fee payer from any discretionary action or inaction by or on behalf of the governmental entity. (2) A fee payer may pay a development impact fee under protest in order to obtain a […]

Section 67-8213 – COLLECTION.

67-8213. COLLECTION. A governmental entity may provide in a development impact fee ordinance the means for collection of development impact fees, including, but not limited to: (1) Additions to the fee for reasonable interest and penalties for non-payment or late payment; (2) Withholding of the building permit or other governmental approval until the development impact […]

Section 67-8214 – OTHER POWERS AND RIGHTS NOT AFFECTED.

67-8214. OTHER POWERS AND RIGHTS NOT AFFECTED. (1) Nothing in this chapter shall prevent a governmental entity from requiring a developer to construct reasonable project improvements in conjunction with a development project. (2) Nothing in this chapter shall be construed to prevent or prohibit private agreements between property owners or developers, the Idaho transportation department […]

Section 67-8215 – TRANSITION.

67-8215. TRANSITION. (1) The provisions of this chapter shall not be construed to repeal any existing laws authorizing a governmental entity to impose fees or require contributions or property dedications for capital improvements. All ordinances imposing development impact fees shall be brought into conformance with the provisions of this chapter within one (1) year after […]

Section 67-8216 – SEVERABILITY.

67-8216. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter. History: [67-8216, added 1992, ch. […]