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A. Specified: To ensure that impact fees will benefit the appropriate development, the City will establish separate interest bearing impact fee trust accounts for each category of capital improvement within each service area for which the impact fee is collected.
B. Earned Interest: Interest earned shall be credited to the account on which it was earned and shall be used solely for the purposes specified in the CIP.
C. Accounting; Time Limit For Expending Funds: The City shall establish adequate financial and accounting controls to ensure that impact fees are utilized solely for purposes authorized by this chapter. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this chapter. Impact fees shall be expended within a reasonable period of time, but not to exceed a maximum of eight (8) years, unless extended as provided by subsection D of this section from the date the fees were collected, on a first-in, first-out basis (FIFO). Funds shall be deemed expended for purposes of this chapter when payment for a capital cost has been approved by the City.
D. Extension Of Time Limit: The City may hold the impact fees for longer than eight (8) years, but no more than eleven (11) years from the date the fees were collected, if it identifies in writing:
1. A reasonable cause why the fees should be held longer than the eight (8) years; and
2. An anticipated date by which the fees will be expended.
E. Refunds: If it is determined that the impact fees have not been expended for capital facilities identified by the CIP within the authorized time frame and any permitted extensions, then such fees, including interest shall be refunded as set forth by this chapter.
F. Annual Financial Report: A financial report on the impact fee trust accounts shall be provided annually to the Mayor and Council. The report shall include:
1. The amount of all development impact fees collected, appropriated or spent during the preceding year by category of public facility and service area;
2. The percentage of tax and revenue other than impact fees collected appropriated or spent for system improvements during the preceding year by category of public facility and service area;
3. The length of time that unexpended impact fees have been held and the expiration date of those impact fees. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
A. Permitted Expenditures: Except as otherwise provided, impact fees, including accrued interest, shall only be expended on public facilities identified in the CIP for the relevant service area. Impact fees may be expended for, but not limited to, the construction contract price, surveying and engineering fees, and land acquisition costs for public facilities. Impact fees may also be used to pay the principal and interest payments (including sinking fund payments) on bonds or other borrowed revenues used to acquire, expand or improve public facilities. Expenditures may be made to purchase additional land from a fee payer where such purchase is consistent with the purpose of this chapter.
B. Prohibited Expenditures: Impact fees collected pursuant to this chapter shall not be used to pay for any of the following:
1. Construction, acquisition or expansion of projects or assets other than capital improvements or facility expansions identified in the CIP(s);
2. Repair, operation or maintenance of existing or new capital improvements or facility expansion;
3. Upgrade, update, expansion or replacement of existing capital improvements to provide better service to existing development;
4. Upgrade, update, expansion or replacement of existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; and
5. Administrative and operating costs incurred by the City. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
A. Appeal Of Administrative Decisions By Fee Payer: The City shall contract with qualified independent individuals to sit as hearing officers in order to consider administrative appeals filed under this chapter. Except for the determination of an individual assessment, a fee payer may appeal a final decision of the Impact Fee Administrator by filing a written notice of administrative appeal with the City Clerk within thirty (30) days of: 1) a written decision by the Impact Fee Administrator; or 2) the acceptance of payment of the impact fee under protest. The appeal shall contain a written explanation of the appeal and documentation to be considered by the Hearing Officer. A fee payer may pay an impact fee under protest in order to obtain a building permit and shall not be precluded from exercising the right of appeal as provided herein.
1. Except as otherwise provided in this chapter, a decision of the Impact Fee Administrator may be appealed by the developer or fee payer to the Hearing Officer for the following reasons:
a. The applicability of an impact fee to the new development;
b. The method of calculating the amount of the impact fee;
c. The availability or the amount of the offset or credit;
d. The application of the offset or credit against the impact fee due; or
e. The amount of a refund due.
2. The burden of proof shall be on the fee payer to demonstrate that the Impact Fee Administrator erred in his/her decision. Following a hearing on the appeal, the Hearing Officer shall issue a written decision within thirty (30) days of the conclusion of the hearing. The written decision of the Hearing Officer shall constitute the final decision.
3. The City Clerk shall schedule the appeal before the Hearing Officer as soon as practical. The Hearing Officer may affirm, reject, or revise the decision of the Impact Fee Administrator and shall issue a written decision providing findings of fact and conclusions of law supporting the decision. The written decision of the Hearing Officer shall be mailed to the City and the fee payer, certified mail, return receipt requested.
B. Protest Of Expenditure By Interested Person: Any person with standing may protest the expenditure of impact fees within two (2) years of the expenditure by filing a protest with the City Clerk. The City Clerk shall set the matter for hearing before the City Council within thirty (30) days of receipt of the protest. The protesting party shall identify the impact fee expenditure to be protested and the basis of the protest. The City Council shall render a decision regarding the protest within thirty (30) days of the close of the hearing on the matter.
C. Appeal Of An Individual Assessment: Appeals of the Impact Fee Administrator's determination of individual assessment shall be made to the City Council by the filing of an appeal with the City Clerk within ten (10) days of the decision of the Impact Fee Administrator. The appeal shall contain a written explanation of the appeal and documentation to be considered by the City Council.
1. The burden of proof shall be on the fee payer to demonstrate that the Impact Fee Administrator erred in their decision.
2. The City Clerk shall schedule the appeal before the City Council as soon as practical. The City Council may affirm, reject or revise the decision of the Impact Fee Administrator. Following a hearing on the appeal, the City Council shall issue a written decision within thirty (30) days of the conclusion of the hearing. The written decision of the City Council shall constitute the final decision.
D. Mediation: At any time during the appeal process, the fee payer and the City may voluntarily enter into mediation with respect to any disagreement related to the impact fee for a proposed development. Mediation shall be conducted by a qualified independent party selected by mutual agreement. The cost of such mediation will be shared equally by the fee payer or property owner and the City.
E. Judicial Review: Any party of record aggrieved by the decision of the Hearing Officer or the City Council may, within twenty eight (28) days of receipt of the Hearing Officer's decision, seek judicial review by filing a petition in the District Court in the manner provided by Idaho Code title 67, chapter 52. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
The City shall refund development impact fees upon request as set forth below:
A. Erroneous Payment: If a fee payer has paid an impact fee erroneously, the fee payer shall be entitled to a refund of the fee paid with interest.
B. Payment Under Protest: If a fee payer has paid an impact under protest in which a subsequent review of the payment or individual assessment concludes that the fee exceeded the proportionate share to which the City was entitled, the property owner of record shall be entitled to a refund of the fee paid with interest. Only upon written authorization from the property owner may the refund be issued to another designated party, if the developer or fee payer is not the property owner.
C. Nonoccurrence Of Development: If a fee payer has paid an impact fee and has obtained a building permit or any other permit for a development or extension thereto, and the permit or extension for which the fee was paid later expires without the possibility of further extension, and the development activity for which the fee was imposed did not occur and no impact was resulted, then the property owner of record shall be entitled to a refund of the fee paid, with interest. Only upon written authorization from the property owner may the refund be issued to another designated party, if the developer or fee payer is not the property owner.
D. Failure Of City To Appropriate And Expend: If the City, after collecting the fee when service is not available, fails to appropriate and expend the collected development impact fee pursuant to Idaho Code section 67-8210(4) or this chapter, the following shall apply:
1. The monies eligible for refund shall be deposited into a refund trust account. The funds shall not be spent.
2. To expedite the refund process and reduce the associated administrative costs, monies eligible for refund shall be aggregated into ninety (90) day blocks. For the purpose of eligibility for refund, money shall be deemed spent in the order in which it was deposited into the appropriate trust fund FIFO.
3. The City will send by certified mail to the current owner of each affected property as disclosed by the most current Property Tax roll maintained by the Ada County Assessor's Office.
E. Interest: Interest shall be paid at one-half (1/2) the legal rate as set forth in Idaho Code section 28-22-104 from the date on which the fee was paid. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
Prior to assessing new or amended impact fees, the City shall prepare and adopt an updated CIP for each category of capital improvements.
A. Surcharge: There shall be a nonrefundable surcharge of one percent (1%) of the assessed impact fee for the cost of preparing or updating the CIP(s) which is attributable to determining the associated impact fee. This surcharge is not an impact fee and cannot be reduced by any credits.
B. Preparation By Qualified Professions: The CIP shall be prepared by qualified professions in fields relating to finance, engineering, planning, and transportation in consultation with the Development Impact Fee Advisory Committee.
C. Amending Schedules: Schedules may be amended without revised land use assumptions and CIP(s) at any time prior to the required update provided in subsection B of this section; provided, that they are amended according to changes in construction costs from an approved index.
D. CIP For Each Category: The City shall prepare a CIP for each category of necessary public facility for which an impact fee will be charged that evaluates the need for capital facilities for new development in accordance with Idaho Code section 67-8208.
E. Number Adopted: More than one CIP and associated impact fee study may be adopted, so long as no more than one of each is effective for each category of necessary public facility at any one time. Multiple categories of necessary public facilities may be included in a single CIP and its associated impact fee study.
F. Reservation Of Capacity: The City may reserve capacity in a CIP to serve one or more planned future developments, including capacity reserved through a development agreement. All reservations of existing capacity must be disclosed in the CIP at the time it is adopted.
G. Summary: The impact fee study shall summarize the contents of the CIP(s), and provide the following information:
1. Maps of the proposed service area(s) within which an impact fee is to be assessed.
2. The number of existing and projected equivalent dwelling units for each service area, based upon the land use assumptions.
3. Information regarding all necessary public facilities for which impact fees are to be assessed.
4. Schedules of the proposed impact fees for each necessary public facility, for each service area, on a per equivalent dwelling unit basis, including details of other revenue to be applied. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
A. Application: A developer may request a written certification of the impact fee schedule or individual assessment which shall establish the impact fee for a particular development, so long as there is no material change to the particular development as identified in the individual assessment application or the impact fee schedule the certification shall be binding. A certification may be applied for in the following manner:
1. Written application may be made to the Impact Fee Administrator not later than sixty (60) days from preliminary plat approval by the City Council. Late applications for certification of the impact fee schedule shall not be considered unless the fee payer makes a showing that the facts supporting such application were not known or discoverable within such sixty (60) day period and that undue hardship would result if the application is not considered.
B. Written Certification: The Impact Fee Administrator shall provide the applicant with a written certification of the impact fee schedule or individual assessment for the particular project within thirty (30) days of the date of application for certification. The certification shall establish the impact fee for the particular project for a period of one year from the date of certification, so long as there is no material change to the particular project as identified in the individual assessment application or the impact fee schedule. The certification shall include an explanation of the factors considered under section 9-2-5 of this chapter, and shall specify the system improvement(s) for which the impact fee is intended to be used. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
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 chapter and on which there has been good faith reliance and a substantial change of position. (Ord. 43-16, 12-13-2016, eff. 1-1-2017)
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