(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. Accounting records shall be maintained for each category of system improvements and the service area in which the fees are collected. Interest earned on development impact fees shall be considered funds of the account on which it is earned, and not funds subject to section 57-127, Idaho Code, and shall be subject to all restrictions placed on the use of development impact fees under the provisions of this chapter.
(2)  Expenditures of development impact fees shall be made only for the category of system improvements and within or for the benefit of the service area for which the development impact fee was imposed as shown by the capital improvements plan and as authorized in this chapter. Development impact fees shall not be used for any purpose other than system improvement costs to create additional improvements to serve new growth.
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Terms Used In Idaho Code 67-8210

  • Capital improvements: means improvements with a useful life of ten (10) years or more, by new construction or other action, which increase the service capacity of a public facility. See Idaho Code 67-8203
  • Development: means 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 or the subdivision of property that would permit any change in the use, character or appearance of land. See Idaho Code 67-8203
  • Development impact fee: means a payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. See Idaho Code 67-8203
  • Governmental entity: means any unit of local government that is empowered in this enabling legislation to adopt a development impact fee ordinance. See Idaho Code 67-8203
  • Service area: means any defined geographic area identified by a governmental entity or by intergovernmental agreement in which specific public facilities provide service to development within the area defined, on the basis of sound planning or engineering principles or both. See Idaho Code 67-8203
  • System improvement costs: means costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable thereto, and also including, without limitation, the type of costs described in section 50-1702(h), Idaho Code, to provide additional public facilities needed to serve new growth and development. See Idaho Code 67-8203
(3)  As part of its annual audit process, a governmental entity shall prepare an annual report:
(a)  Describing the amount of all development impact fees collected, appropriated, or spent during the preceding year by category of public facility and service area; and
(b)  Describing the percentage of tax and revenues other than impact fees collected, appropriated or spent for system improvements during the preceding year by category of public facility and service area.
(4)  Collected development impact fees must be expended within eight (8) years from the date they were collected, on a first-in, first-out (FIFO) basis, except that the development impact fees collected for wastewater collection, treatment and disposal and drainage facilities must be expended within twenty (20) years. Any funds not expended within the prescribed times shall be refunded pursuant to section 67-8211, Idaho Code. A governmental entity may hold the fees for longer than eight (8) years if it identifies, in writing:
(a)  A reasonable cause why the fees should be held longer than eight (8) years; and
(b)  An anticipated date by which the fees will be expended but in no event greater than eleven (11) years from the date they were collected.