For the purpose of this chapter, the following terms, phrases and words shall have the meanings given herein:
AFFORDABLE HOUSING: Housing affordable to families whose incomes do not exceed eighty percent (80%) of the median income for the service areas as defined in this chapter.
APPLICANT: Person or entity applying for a building permit or other approval that is otherwise subject to the provisions of this chapter.
ASSESSMENT: The development impact fee calculated for a particular project that is charged to the fee payer or developer.
BUILDING: Any structure having a roof and separated from another structure by space or by walls without communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property.
BUILDING PERMIT: An official document or certificate issued by the Boise City Building Division of Planning and Development Services, authorizing the construction or siting of any building. For purposes of this chapter, the term "building permit" shall also include tie down permits for structures or buildings, such as a mobile home, that do not require a building permit in order to be occupied.
CAPITAL IMPROVEMENTS: Any of the following facilities, including existing facilities, facility expansions or new facilities, that have a useful life of ten (10) years or more, by new construction or other action, that are owned and operated by or on behalf of the City and described in the currently adopted capital improvements plan including:
A. Fire Capital Improvements: Buildings for fire and rescue and essential equipment.
B. Park And Recreation Capital Improvements: Parks, recreational areas, and related facilities, including trails and greenbelt improvements.
C. Police Capital Improvements: Buildings for police and essential equipment.
CAPITAL IMPROVEMENTS PLAN (CIP): A plan adopted and amended pursuant to the provisions of the Idaho Development Impact Fee Act, which identifies capital improvements for which impact fees may be used as a funding source.
CITY: The City of Boise City, Idaho.
CITY COUNCIL: The duly constituted Governing Body of the City.
COMPREHENSIVE PLAN: The Boise City Comprehensive Plan known as "Blueprint Boise" as updated and amended from time to time pursuant to Idaho Code title 67, chapter 65, and title 11 of this Code.
COUNTY: The County of Ada County, Idaho.
DEDICATION: The conveyance of property for governmental use, through donation of the property by the owner and acceptance by the City or other applicable governmental agency pursuant to this chapter or other law.
DEVELOPER: Any person, corporation, organization or other legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to Idaho Code sections 50-1301 through 50-1334.
DEVELOPMENT: 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 of land, which creates additional demand and need for public facilities.
DEVELOPMENT APPROVAL: Any written authorization from the City or another governmental entity party, which authorizes the commencement of a development.
DEVELOPMENT IMPACT FEE: A fee calculated by the City and assessed on new development in order to pay for the proportionate share of the cost of system improvements needed to serve new growth. This term is also referred to as an impact fee in this chapter and includes lump sum fees, capital recovery fees, contributions in aid of construction, development fees and any other fee that functions as described. The term does not include the following:
A. A charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development;
B. Connection or hookup charges;
C. Availability charges for drainage, sewer, water, or transportation charges for services provided directly to the development; or
D. Amounts collected from a developer in a transaction in which the governmental entity has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of the capital improvements, unless a written agreement is made pursuant to Idaho Code section 67-8209(3) for credit or reimbursement.
DEVELOPMENT REQUIREMENT: A requirement attached to a development approval or other governmental action that approves or authorizes a particular development project, including, but not limited to, a rezone, which requirement compels the payment, dedication or contribution of goods, services, land or money as a condition of approval.
DWELLING UNIT OR ACCESSORY DWELLING UNIT: 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, cooking and sleeping quarters for one or more persons.
ENCUMBER: To reserve funds for a specific expenditure or an identified project. The following constitute an encumbrance for purposes of this chapter:
A. Execution of a contract by the City for acquisition of land or capital equipment or toward the design or construction of an improvement; or
B. Adoption of a resolution by the City Council authorizing the commencement of eminent domain; or
C. Execution of an agreement for the rendering of services to the City, which are incidental and necessary to the acquisition of land, capital equipment, or the design and construction of an improvement.
EXTRAORDINARY COSTS: Those costs incurred as a result of an extraordinary impact attributable to new development.
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City to: a) result in the need for police, fire or parks and recreation system improvements, the cost of which will significantly exceed the sum of the development impact fees to be generated from the project; or b) result in the need for system improvements which are not identified in the CIP.
FEE PAYER: A person or legal entity that pays or is required to pay a development impact fee. Taxing districts are expressly included within this definition of "fee payer", unless the taxing district enters into a written agreement with Boise City that provides otherwise.
IMPACT: The effect of development on the fire service network, police facilities, parks network or recreational facilities in a given area produced by the additional population attracted by development for purposes of this chapter.
IMPACT FEE ADMINISTRATOR: The person designated to administer this chapter on behalf of the City.
IMPACT FEE STUDY: The most current "Capital Improvements Plan and Impact Fee Study" adopted by the City and as may be amended, that includes the CIP updates, land use assumptions, methodology and impact fee calculations.
LAND USE: The primary category of use for any principal or accessory building, structure or use located on a development site for purposes of this chapter.
LAND USE ASSUMPTIONS: A description of the service area and projections of land uses, densities, intensities and population in the service area over at least a twenty (20) year period.
LEVEL OF SERVICE (LOS): A standardized measure of the relationship between service capacity and service demand provided by a public facility or system of public facilities. The LOS contained in the impact fee study is expressly adopted and incorporated into this chapter.
MOBILE OR MANUFACTURED HOME: A manufactured structure as defined in Idaho Code section 39-4105(8) and (9).
MODULAR BUILDING: Any building or building component, other than a manufactured home, which is constructed according to standards contained in the Idaho Building Code Act, as adopted by the City, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.
MULTI-UNIT: A structure that contains two (2) or more separate residential dwelling units, whether a single building or multiple buildings, which comprise one complex.
NONRESIDENTIAL DEVELOPMENT: Any development project not providing for residential housing.
OWNER OF RECORD: The person or entity holding legal title to the real property, including the local, State or Federal government or any subdivision thereof.
PRESENT VALUE: The total current monetary value of past, present or future payments, contributions or dedications of goods, services, materials, construction or money.
PROJECT: A particular development on an identified parcel of land.
PROJECT IMPROVEMENTS: Site specific improvements and facilities that are planned, designed or built to provide service for a specific development and that are necessary for the use and convenience of the occupants or users of the development.
PROPORTIONATE SHARE: The portion of the costs to provide system improvements which is reasonably and fairly related to the service demands and needs of new development.
PUBLIC FACILITIES: Publicly owned parks, recreational facilities, open space, greenbelt and trails, including related park and trail improvements, fire facilities and police facilities, including:
A. Wastewater collection, treatment and disposal facilities;
B. Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection, and enhancement improvements;
C. Landscaping associated with roads, streets and bridges, and the rights-of-way associated therewith;
D. Parks, open space and recreation areas, and related capital improvements; and
E. Public safety facilities, including law enforcement, fire, emergency medical and rescue, and streetlighting facilities.
RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.
RESIDENTIAL DEVELOPMENT: Any building designed to be used as housing, such as single-unit dwellings, accessory dwelling units, apartments, condominiums, mobile homes or manufactured homes, intended for occupancy by one or more persons and not offering other services.
SERVICE AREAS: A defined geographic area identified by the City in the Comprehensive Plan, the CIP, or by an intergovernmental agreement between the City and another governmental entity, for which development potential may create the need for capital improvements to be funded by impact fees.
SERVICE UNIT: A standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements. The following service units are used for the analysis and calculation of impact fees under this chapter:
A. Fire: Fire equivalent dwelling units, which each represent the average number of fire and emergency calls for service per development unit for each land use category, as more fully described in the impact fee study.
B. Parks And Recreation: Residential population, which each represent the average number of persons per housing unit based on housing size, as more fully described in the impact fee study.
C. Police: Police equivalent dwelling units, which each represent the average number of police calls for service per development unit for each land use category, as more fully described in the impact fee study.
SINGLE-UNIT ATTACHED DWELLING UNIT: A housing unit which shares a common wall with an adjoining unit. The common wall must extend from the foundation through the attic.
SINGLE-UNIT DETACHED DWELLING UNIT: Conventional home where one family normally occupies one dwelling unit in one structure which may be found in subdivisions or on single lots.
SYSTEM IMPROVEMENT COSTS: Costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs in order to provide additional public facilities needed to serve new growth and development.
SYSTEM IMPROVEMENTS: Capital improvements to the parks and recreation, fire or police system designed to provide service within the specific service area.
UNIT(S) OF DEVELOPMENT: A quantifiable increment of development activity dimensioned in terms of equivalent dwelling units or other appropriate measurements identified by the impact fee study. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)