Title 67, STATE GOVERNMENT AND STATE AFFAIRS

67-8204A. Intergovernmental agreements. Governmental entities as defined in section 67-8203(14), Idaho Code, that are jointly affected by development are authorized to enter into intergovernmental agreements with each other or with highway districts, fire districts, ambulance dis…

67-8205. Development impact fee advisory committee. (1) Any governmental entity that is considering or that has adopted a development impact fee ordinance shall establish a development impact fee advisory committee as provided in this section. (2)(a) The development impact fee ad…

67-8206. Procedure for the imposition of development impact fees. (1) A development impact fee shall be imposed by a governmental entity in compliance with the provisions set forth in this section. (2) A capital improvements plan shall be developed in coordination with the develo…

67-8207. Proportionate share determination. (1) All development impact fees shall be based on a reasonable and fair formula or method under which the development impact fee imposed does not exceed a proportionate share of the costs incurred or to be incurred by the governmental e…

67-8208. Capital improvements plan. (1) Each governmental entity intending to impose a development impact fee shall prepare a capital improvements plan. That portion of the cost of preparing a capital improvements plan which is attributable to determining the development impact f…

67-8209. Credits. (1) In the calculation of development impact fees for a particular project, credit or reimbursement shall be given for the present value of any construction of system improvements or contribution or dedication of land or money required by a governmental entity f…

67-8210. Earmarking and expenditure of collected development impact fees. (1) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one (1) or more interest-bearing accounts within the capital projects fund. Accou…

67-8211. Refunds. (1) Any governmental entity which adopts a development impact fee ordinance shall provide for refunds upon the request of an owner of property on which a development impact fee has been paid if: (a) Service is available but never provided; (b) A building permit …

67-8212. Appeals. (1) A governmental entity which adopts a development impact fee ordinance shall provide for administrative appeals by the developer or fee payer from any discretionary action or inaction by or on behalf of the governmental entity. (2) A fee payer may pay a devel…

67-8213. Collection. A governmental entity may provide in a development impact fee ordinance the means for collection of development impact fees, including, but not limited to: (1) Additions to the fee for reasonable interest and penalties for non-payment or late payment; (2) Wit…

67-8214. Other powers and rights not affected. (1) Nothing in this chapter shall prevent a governmental entity from requiring a developer to construct reasonable project improvements in conjunction with a development project. (2) Nothing in this chapter shall be construed to prev…

67-8215. Transition. (1) The provisions of this chapter shall not be construed to repeal any existing laws authorizing a governmental entity to impose fees or require contributions or property dedications for capital improvements. All ordinances imposing development impact fees s…

67-8216. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of …