This ordinance is enacted pursuant to Valley County’s general police powers and its authority to enact ordinances as set forth in Article XII, Section 2 of the Idaho Constitution and section 31-714, Idaho Code, 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 County; and on behalf of certain districts pursuant to the County’s authority to enter into intergovernmental agreements as provided for in section 67-8204A, Idaho Code when jointly affected by growth and development. (Ord. 2024-01, 10-16-2023)
This title shall apply to the Development of property located within the unincorporated area of Valley County.
Except as otherwise exempted in section 14-8-1, this title shall apply to the Development of property located within the unincorporated area of Valley County, Idaho.
(Ord. 2024-01, 10-16-2023)
A. The County is experiencing considerable growth and Development; and
B. The purposes of the Act [I.C. § 67-8202] are as follows:
1. Ensure that adequate Public Facilities are available to serve new growth and Development; and
2. Promote orderly growth and Development by establishing uniform standards by which local governments, such as the County, and any District with which the County has entered into an intergovernmental agreement pursuant to I.C. § 67-8204A, may require those who benefit from new growth and Development pay [development impact fees] their Proportionate Share of the costs of new Public Facilities needed to serve that new growth and Development; and
3. Establish minimum standards for adoption of development impact fee ordinances by cities; and
4. Ensure that those who benefit from new growth and Development are required to pay no more than their Proportionate Share of the cost of Public Facilities needed to serve that new growth and Development and to prevent duplicate and ad hoc Development Requirements; and
5. To empower counties to adopt ordinances to impose development impact fees.
C. The Act does not authorize any District to enact a development impact fee ordinance; and
D. The Act does provide, pursuant to I.C. § 67-8204A, in circumstances where the County and any District are both affected by the considerable growth and Development, that the County and any district with which the County has entered into an intergovernmental agreement pursuant to I.C. § 67-8204A may enter into the 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 any district with which the County has entered into an Intergovernmental Agreement to meet the demand and growth occurring within the unincorporated area of the County and which promotes and accommodates orderly growth and Development and protects the public health, safety and general welfare of the residences within the unincorporated area of the County; and
E. New growth within the County imposes and will impose increasing and excessive demands upon the existing, capital facilities of the County and of any district with which the County has entered into an Intergovernmental Agreement pursuant to I.C. § 67-8204A; and
F. New growth within the County is expected to continue, and will place ever-increasing demands on the County, and any district with which the County has entered into an Intergovernmental Agreement pursuant to I.C. § 67-8204A, to provide and expand capital facilities to serve that new growth; and
G. The tax revenues generated from new Development within the unincorporated area of the County often do not generate sufficient funds to provide the necessary improvements and expansion of existing County, and any district with which the County has entered into an Intergovernmental Agreement pursuant to I.C. § 67-8204A, to accommodate for that new growth; and
H. Section 67-8204A of the Act authorizes the County to adopt an impact fee system and to enter into the Intergovernmental Agreements to offset, recoup, or reimburse the portion of the costs of needed improvements to capital facilities caused by new growth and Development within the unincorporated area of the County; and
I. The creation of an equitable impact fee system facilitated by the Intergovernmental Agreements, will promote the purposes set forth in the Act, in that it would: (a) ensure that adequate Capital Facilities are available to serve new growth and Development; (b) promote orderly growth and Development by establishing uniform standards by which the County may require that those who benefit from new growth and Development pay a Proportionate Share of the cost of new Capital Facilities needed to serve new growth and Development in the unincorporated area of the County; (c) establish minimum standards for the adoption of impact fees; (d) ensure that those who benefit from new growth and Development are required to pay no more than their Proportionate Share of the cost of Capital Facilities needed to serve new growth and Development; and (e) prevent duplicate and ad hoc Development Requirements in the unincorporated area of the County; and
J. The Capital Improvements Plans contain the Capital Improvements planned for by the District during the term of the Capital Improvements Plan, and such elements have been developed in conformance with the requirements Chapter 82 of Title 67, Idaho Code; and
K. The Capital Improvements Plans set forth reasonable methodologies and analyses for determining the impacts of various types of new Development on the capital facilities and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such facilities created by new Development; and
L. In accordance with Idaho Code, the Capital Improvements Plan was based on actual System Improvements Costs or reasonable estimates of such costs. In addition, the Capital Improvements Plan uses a fee calculation methodology that is net of credits for the Present Value of revenues that will be generated by new growth and Development based on historical funding patterns and that are anticipated to be available to pay for System Improvements, including taxes, assessments, user fees, and intergovernmental transfers; and
M. The development impact fees established by this title are based on the Capital Improvements Plan, and do not exceed System Improvements Costs to serve new Development that will pay the Impact Fees; and
N. The capital facilities, included in the calculation of fees in the Capital Improvements Plans, will benefit all new residential Development throughout the service area identified for purposes of calculating, collecting, and spending the Impact Fees collected from Developers; and
O. There is both a rational nexus and a rough proportionality between Development impacts created by each type of Development covered by this title, the development impact fees assessment of such Development covered by this title, and the development impact fees that such Developer will be required to pay; and
P. This title creates a system by which development impact fees paid by Developers will be used to finance, defray, or reimburse a portion of the costs incurred by the County, and any district with which the County has entered into an Intergovernmental Agreement pursuant to I.C. § 67-8204A, to construct and/or purchase System Improvements in ways that benefit the Development for which each development impact fee was paid within a reasonable period of time after the development impact fee is paid, and in conformance with I.C. § 67-8210; and
Q. This title creates a system under which development impact fees shall not be used to correct existing deficiencies for any Capital Facilities, or to replace or rehabilitate existing Capital Facilities, or to pay for routine operation or maintenance of those facilities; and
R. This title creates a system under which there shall be no double payment of development impact fees, in accordance with I.C. § 67-8204(19); and
S. This title is consistent with all applicable provisions of the Act concerning development impact fee ordinances.
(Ord. 2024-01, 10-16-2023)
A. This title is adopted to be consistent with, and to help implement the Capital Improvements Plan.
B. The intent of this title is to ensure that new 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 used for System Improvements in accordance with the Act.
C. It is the further intent of this title to be consistent with those principles for allocating a fair share of the cost of System Improvements to new Development, and for adopting development impact fee ordinances, established by the Act.
D. It is not the intent of this title to collect any money from any new Development more than the actual amount necessary to offset new demands for System Improvements created by such new Development.
E. It is the intent of this title that any monies collected, as imposed Impact Fees, are deposited in the appropriate Impact Fees Capital Projects Trust Fund account, are never commingled with monies from a different impact fee account, are never used for a development impact fee component different from that for which the fee was paid, are never used to correct current deficiencies in any district’s, with which the County has entered into an Intergovernmental Agreement pursuant to I.C. § 67-8204A, Capital Facilities, and are never used to replace, rehabilitate, maintain or operate any Capital Facilities.
(Ord. 2024-01, 10-16-2023)