A. The intent of this chapter is to promote the health, safety and general welfare of the residents of the City and its Area of City Impact.
B. The intent of this chapter is to be consistent with those principles for allocating a fair share of the cost of capital improvements to public facilities to serve new development in compliance with the provisions set forth in section 67-8201 et seq., Idaho Code. The provisions of this chapter shall be interpreted, construed and enforced in accordance with the provisions set forth in section 67-8201 et seq., Idaho Code.
C. The intent of this chapter is that impact fees should be charged, collected, and expended for parks and recreation capital improvements to increase the service capacity of such categories of public facilities, which capital improvements are included in approved capital improvements plans that list the capital improvements that may be funded with impact fees.
D. The intent of this chapter is to ensure that:
1. Public facilities are available to serve new development;
2. New development bears a proportionate share of the cost of parks and recreation capital improvements to such public facilities;
3. Such proportionate share does not exceed the cost of the capital improvements to such public facilities required to serve new development; and
4. The funds collected from new development are used for capital improvements for public facilities that benefit new development.
E. It is not the intent of this chapter to collect any monies from new development in excess of the actual amount necessary to offset new demands for capital improvements to public facilities created by such new development.
F. It is not the intent of this chapter that the impact fees be used to remedy any deficiency in parks and recreation capital improvements existing on the effective date hereof, or ever be used to replace, rehabilitate, maintain and/or operate any public facilities.
G. It is not the intent of this chapter that any monies collected from an impact fee deposited in an Impact Fee Fund ever be commingled with monies from a different fund, or ever be used for capital improvements that are different from those for which the impact fee was paid.
H. It is not the intent of this chapter that impact fees be used for:
1. Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plan.
2. Repair, operation or maintenance of existing or new capital improvements.
3. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.
4. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development to provide better service to existing development.
5. Administrative and operating costs of the City unless such costs are attributable to development of the capital improvements plan used to determine impact fees by a surcharge imposed by ordinance on the collection of an impact fee, which surcharge shall not exceed a development's proportionate share of the cost of preparing the capital improvements plan.
6. Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the City to finance capital improvements identified in the capital improvements plan. (Ord. 804, 2019)