A. Short title: This chapter shall be known and may be cited as the Ada County Participating Fire Protection District Development Impact Fee Ordinance.
B. Findings: The Board of Ada County Commissioners finds that:
1. Within unincorporated Ada County, the County is experiencing considerable growth and development.
2. The new growth and development occurring within unincorporated Ada County will place ever-increasing demands on fire protection districts whose boundaries include land in unincorporated Ada County to provide, improve and expand existing fire protection districts' public safety facilities to serve that new growth and development and the tax revenues generated from that new growth and development often does not generate sufficient funds to provide the necessary improvements and expansion of the public safety facilities to protect the public health, safety and welfare. Those users that create the increased demand should bear their proportionate share of the cost of public safety facilities needed to serve the new growth and development.
3. Fire protection districts organized pursuant to Idaho Code §§ 31-1401, et seq. do not have authority to make and adopt ordinances as a method of carrying out their statutory duties.
4. The Idaho Development Impact Fee Act (Act) at Idaho Code §§ 67-8201, et seq. requires an entity to adopt an ordinance in order to impose and collect development impact fees.
5. The Act does provide, pursuant to Idaho Code § 67-8204A, in circumstances where the County and the Participating Fire Protection Districts are both affected by the considerable growth and development as is occurring within the County, that the County and the Participating Fire Protection Districts may enter into an intergovernmental agreement for the purpose of agreeing to collect and expend development impact fees for System Improvements which provides for a new funding mechanism for those System Improvements Costs incurred by the Participating Fire Protection Districts to meet the demand and growth occurring within the County and which promotes and accommodates orderly growth and development and protects the public health, safety and general welfare of the people, residential and non-residential establishments within the boundaries of the County.
6. The County has statutory authority to make and adopt ordinances pursuant to Idaho Code § 31-714.
C. Authority: This ordinance is enacted pursuant to the County's general police powers, its authority to enact ordinances, and its authority as provided by the Act and other applicable laws of the state of Idaho to impose and collect development impact fees on behalf of the Participating Fire Protection Districts; and the County's and the Participating Fire Protection Districts' authority to enter into an Intergovernmental Agreement as provided for in Idaho Code § 67-8204A when jointly affected by growth and development for the purpose of agreeing to impose, collect and expend development impact fees in order for new growth and development pay their proportionate share of the cost of public facilities to serve that new growth and development.
D. Applicability: This chapter shall apply to the Development of property located within the boundaries of a Participating Fire Protection District in unincorporated Ada County.
E. Purpose: The intent of this chapter is to ensure that new residential and non-residential development bears a proportionate share of the cost of System Improvements; to ensure that such proportionate share does not exceed the cost of such System Improvements required to accommodate new Development; and to ensure that funds collected from new Development are actually used for System Improvements in accordance with the Act. (Ord. 904, 12-18-2019)
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