CHAPTER 2
DEVELOPMENT IMPACT FEE

SECTION:

9-2-1: Short Title

9-2-2: Applicability

9-2-3: Findings; General Provisions

9-2-4: Rules Of Construction

9-2-5: Definitions

9-2-6: Regional Park Impact Fee Service Area

9-2-7: Local Park Impact Fee Service Areas

9-2-8: Fire Impact Fee Service Area

9-2-9: Police Impact Fee Service Area

9-2-10: Land Use Assumptions

9-2-11: Determination Of Service Units

9-2-12: Development Impact Fees Per Service Unit

9-2-13: Assessment And Payment Of Development Impact Fees

9-2-14: Collection And Penalties

9-2-15: Impact Fee Offsets And Credits

9-2-16: Exempt Development Activities

9-2-17: Affordable Housing Impact Fee Exemption

9-2-18: Establishment Of Accounts

9-2-19: Expenditure Of Impact Fees

9-2-20: Appeals

9-2-21: Refunds

9-2-22: Update Of Capital Plans And Revision Of Fees

9-2-23: Certification

9-2-24: Vested Rights

9-2-25: Other Powers And Rights Not Affected

9-2-1: SHORT TITLE:

This chapter shall be known and may be cited as the BOISE CITY DEVELOPMENT IMPACT FEE ORDINANCE. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)

9-2-2: APPLICABILITY:

This chapter shall apply to all new development located within any impact fee service area for the City, as described by the most current capital improvement plan and Impact Fee Study adopted by the City. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)

9-2-3: FINDINGS; GENERAL PROVISIONS:

The City Council finds that, unless otherwise exempt, all new development creates an impact and therefore an increased demand for public services. As such, those users who create the additional demand should bear the cost of new public facilities when new growth or development requires new public facilities.

   A.   This chapter shall not be construed to subject any development to double payment of the same impact fees.

   B.   An impact fee shall not be invalid because the intended improvement for which the fee was paid results in an incidental benefit to owners or developers within a service area other than the fee payer.

   C.   After payment of impact fees or the execution of an agreement for payment of impact fees, the City may not assess additional impact fees or increase fees to be paid unless the number of service units increases or the scope of the development changes.

   D.   In the event of an increase in the number of service units or the schedule of the development changes, the additional impact fees assessed are limited to the amount attributable to the additional service units or change in scope of the development. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)

9-2-4: RULES OF CONSTRUCTION:

For the purposes of this chapter, the following terms, phrases, words, and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein, shall have their plain, ordinary, and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)