Idaho Code > Title 67 > Chapter 82 – Development Impact Fees
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Terms Used In Idaho Code > Title 67 > Chapter 82 - Development Impact Fees
- Affordable housing: means housing affordable to families whose incomes do not exceed eighty percent (80%) of the median income for the service area or areas within the jurisdiction of the governmental entity. See Idaho Code 67-8203
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appropriate: means to legally obligate by contract or otherwise commit to use by appropriation or other official act of a governmental entity. See Idaho Code 67-8203
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- 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
- Capital improvements plan: means a plan adopted pursuant to this chapter that identifies capital improvements for which development impact fees may be used as a funding source. See Idaho Code 67-8203
- Contract: A legal written agreement that becomes binding when signed.
- Developer: means any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to sections 50-1301 through 50-1334, Idaho Code. 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 approval: means any written authorization from a governmental entity that authorizes the commencement of a development. 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
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Extraordinary impact: means an impact that is reasonably determined by the governmental entity to:
Idaho Code 67-8203Fee payer: means that person who pays or is required to pay a development impact fee. 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 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land use assumptions: means a description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a twenty (20) year period. See Idaho Code 67-8203 Level of service: means a measure of the relationship between service capacity and service demand for public facilities. See Idaho Code 67-8203 Manufactured home: means a structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure that meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 U. See Idaho Code 67-8203 Modular building: is a s defined in section 39-4301, Idaho Code. See Idaho Code 67-8203 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Present value: means the total current monetary value of past, present, or future payments, contributions or dedications of goods, services, materials, construction or money. See Idaho Code 67-8203 Project: means a particular development on an identified parcel of land. See Idaho Code 67-8203 Project improvements: means site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project. See Idaho Code 67-8203 Proportionate share: means that portion of the cost of system improvements determined pursuant to section 67-8207, Idaho Code, which reasonably relates to the service demands and needs of the project. See Idaho Code 67-8203 Public facilities: means :
Idaho Code 67-8203Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recreational vehicle: means a vehicular type unit primarily designed as temporary quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. 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 Service unit: means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements. 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 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.