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Ordinance - 1999 - 345 - Development Impact Fee - 05/11/1999
ORIGINAL ORDINANCE NO. 345 AN ORDINANCE AMENDING THE CITY OF EAGLE MUNICIPAL CODE BY ADDING A NEW CHAPTER TO BE KNOWN AS THE "DEVELOPMENT IMPACT FEE ORDINANCE" TO ALLOW DEVELOPMENT IMPACT FEES, ESTABLISHING SUCH FEES, AND MORE PARTICULARLY SETTING FORTH THE TITLE AND PURPOSE AND PRESCRIBING THE PROCEDURES FOR CARRYING OUT THE PURPOSE HEREOF; ATTACHING AND INCORPORATING THE "CITY OF EAGLE DEVELOPMENT IMPACT FEE STUDY" DATED MAY 11, 1999 AS APPENDIX "A" HERETO; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, after a public hearing by the City Council to consider a study entitled, "City of Eagle Development Impact Fee Study," dated May 11, 1999, hereinafter referred to in this Ordinance as "Study," the City Council has made and does hereby make the following findings, to wit: 1) That the City is responsible for and committed to the provision of public facilities and services at levels necessary to cure any existing public service deficiencies in already developed areas; 2) That such facilities and service levels shall be provided by the City utilizing funds allocated via the capital budget and capital improvements programming processes and relying upon the funding sources indicated therein; 3) That new residential development, however, will cause and impose increased and excessive demands on existing City public facilities and services including, without limitations, parks and pathways that would not otherwise be necessary; 4) In the Study, dated May 11, 1999 which indicates build out projections, public facilities analysis and the methodology for the determination of an impact fee for parks and pathways and that these findings are incorporated herein by reference; 5) That the build out projections as contained in the "Study" are based on the City's existing Comprehensive Plan; 6) That the build out projections as contained in the "Study" indicate that such development will continue and will place ever increasing demands on the City to provide necessary public facilities; 7) That to the extent that new development places demands on public facility infrastructure, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to the developments actually creating the demands; Page 1 of 21 Kf.COUNCIL\Draft Ordinances.Ord 345.doc 8) That the amount of the impact fee to be imposed shall be determined by the cost of the additional public facilities needed to support such development; 9) That the City Council, after careful consideration of the matter, hereby finds and declares that an impact fee imposed upon residential development to finance parks and pathways, the demand for which is created by such development is in the best interest of the general welfare of the City and its residents, is equitable, does not impose an unfair burden on such development by forcing developers and builders to pay more than their fair share or proportionate share of the cost, and deems it advisable to adopt this ordinance as hereinafter set forth; 10) That there is a reasonable relationship between the amount of the impact fee and the cost of public facilities attributable to the development upon which the fee will be imposed because the fee is based only on the cost of providing the facilities necessary to serve the new development as discussed in the "Study." It is deemed by the Mayor and City Council to be for the interests of the City of Eagle, Idaho, that said Ordinance be adopted, NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City of Eagle that a new Title be designated as Title 11, be and is hereby added to the City of Eagle Municipal Code, to read as follows: Section 1 Title, Purpose and Definitions TITLE AND PURPOSE: The provisions of this ordinance shall be known as the "City of Eagle Development Impact Fee Ordinance." The purpose of these regulations is to prescribe the procedure whereby developers of land shall pay an impact fee as set forth in this Ordinance for the purpose of providing the public facilities and system improvements needed to serve future residents and users of such development. It is further the purpose of this Ordinance to: 1. Ensure that adequate facilities are available to serve new growth and development; 2. Promote orderly growth and development by establishing uniform standards by which the City may require that those who benefit from new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development; 3. 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 new growth and development and to prevent duplicate and ad hoc development requirements; Page 2 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc 4. Collect and expend development impact fees pursuant to the enabling powers granted by the provision of the Idaho Development Impact Fee Act, Title 67, Chapter 82, Idaho Code; 5. Provide the legal and procedural basis for the implementation of development impact fees within the area of city impact; and 6. Ensure that any capital improvement funded wholly or in part with impact fee revenue shall first be included in an approved capital improvements plan that lists the capital improvements that may be funded with impact fee revenues as well as the estimated costs and timing for each improvement. DEFINITIONS: As used in this Title, the following words and terms shall have the following meanings, unless another meaning is plainly intended: 1. BUILDING PERMIT: The permit required for new construction and additions pursuant to Section 7-1A-2 of the Municipal Code. 2. CAPITAL IMPROVEMENTS: 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, or service improvement. 3. CAPITAL IMPROVEMENTS PLAN: A plan adopted and amended pursuant to the provision of the Development Impact Fee Act, Idaho Code 67-8208 that identifies capital improvements for which development impact fees may be used as a funding source. The capital improvements plan is included as a part of the Development Impact Fee Study. 4. CITY: The City of Eagle, a municipal corporation duly organized pursuant to the laws of the state of Idaho. 5. DEVELOPMENT: Any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires issuance of a building permit, or manufactured/mobile home permit, which creates additional demand and need for public facilities. 6. DEVELOPMENT APPROVAL: Any written duly authorized document from the City which authorizes the commencement of a development. Page 3 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc 7. DEVELOPMENT IMPACT FEE: 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. This term is also referred to as an impact fee in this Ordinance. The term does not include the following: a. A charge or fee to pay the administrative, plan review or inspection cost associated with permits required for development; b. Connection or hookup charges; c. Availability charges for drainage, sewer, water, or transportation charges for services provided directly to the development; or d. Amounts collected from a developer in a transaction in which the City has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of the capital improvements, unless a written agreement is made pursuant to Section 67-8209(3), Idaho Code, for credit or reimbursement. 8. DEVELOPMENT REQUIREMENT: 9. EXTRAORDINARY COSTS: 10. EXTRAORDINARY IMPACT: A requirement attached to a developmental approval or other governmental action approving or authorizing a particular development project including, but not limited to a rezoning, which requirement compels the payment, dedication or contribution of goods, services, land, or money as a condition of approval. Those costs incurred as a result of an extraordinary impact. An impact which is reasonably determined by the City to: Page 4 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc 11. FEE PAYER: 12. GROSS FLOOR AREA: 13. IMPACT FEE: 14. LAND USE ASSUMPTIONS: a. Result in the need for system improvements, the cost of which will significantly exceed the sum of the development impact fees to be generated from the project or the sum agreed to be paid pursuant to a development agreement as allowed by Section 67-8214(2), Idaho Code; b. Result in the need for system improvements which are not identified in the Capital Improvements Plan; c. Have an impact which results in a lower than acceptable level of service. That person who pays or is required to pay a development impact fee. The sum of the areas of the several floors of the building or structure, including areas used for human occupancy or required for the conduct of the business or use, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics when not used for human occupancy, nor any floor space in an accessory building, carport, or the main building intended or designed for the parking of motor vehicles in order to meet any City parking requirement nor nonresidential facilities; arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display, storage, service, or production areas. See Development Impact Fee. 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. Page 5 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc 15. LEVEL OF SERVICE: 16. MANUFACTURED HOME: 17. MOBILE HOME: A measure of the relationship between service capacity and service demand for public facilities. A structure, constructed according to HUD/FHA manufactured home construction and safety standards, transportable in one (1) or more sections, which: a. In the traveling mode, is eight (8) feet or more in width or is forty (40) body feet or more in length, or b. When erected on site, is three hundred twenty (320) or more square feet; and c. 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 d. Includes the plumbing, heating, air conditioning, and electrical systems contained therein; e. Except that such term shall include any structure which 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.S.C. 5401, et seq. A structure similar to a manufactured home, but built to a mobile home code prior to June 15, 1976, the date of enactment of the Federal Manufactured Housing and Safety Standards Act (HUD Code). 18. MODULAR BUILDING: Any building or building component, other than a manufactured / mobile home, which is constructed according to standards contained in the Uniform Building Code, as adopted or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. Page 6 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc 19. PRESENT VALUE: 20. PROJECT: 21. PROJECT IMPROVEMENTS: 22. PROPORTIONATE SHARE: 23. PUBLIC FACILITIES: The total current monetary value of past, present, or future payments, contributions or dedications of goods, services, materials, construction or money. A particular development on an identified parcel of land. In contrast to system improvements, project improvements are 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 the convenience of the occupants or users of the project. 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. Means those types of improvements described in Idaho Code 50-1703, including but not limited to the following: a. Water supply production, treatment, storage, and distribution facilities; b. Wastewater collection, treatment and disposal facilities; c. Roads, streets and bridges, including rights-of-way, traffic signals, landscaping and any local components of state or federal highways; d. Storm water collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; e. Parks, open space and recreation areas, and related capital improvements; and Page 7 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc f. Public safety facilities, including law enforcement, fire, emergency medical and rescue and street lighting facilities. 24. RECREATIONAL VEHICLE: 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. 25. SERVICE UNIT: 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. 26. SYSTEM IMPROVEMENTS: In contrast to project improvements, mean capital improvements to public facilities which are designed to provide service to a service area including, without limitation, the type of improvements described in Section 50-1703, Idaho Code. 27. SYSTEM IMPROVEMENTS COSTS: 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 service new growth and development. For clarification, system improvement costs do not include: a. Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plan; b. Repair, operation or maintenance of existing or new capital improvements; c. Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to Page 8 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc 28. UNIT(S) OF DEVELOPMENT: APPLICATION: meet stricter safety, efficiency, environmental or regulatory standards; e. Administrative and operating costs of the City unless such costs are attributable to development of the capital improvements plan, as provided in Section 67-8208, Idaho Code; or f. 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. A quantifiable increment of development activity measured in terms of dwelling units, or other appropriate measurements contained in the impact fee schedule incorporated in the "Study." Section 2 Application A. The provisions of this Ordinance shall apply uniformly to all those who benefit from new growth and development except as provided below. B. The provisions of this Ordinance shall not apply to the following: 1. Rebuilding the same amount of floor space of a structure which was destroyed by fire or other catastrophe, providing the structure is rebuilt and ready for occupancy within two (2) years of its destruction; 2. Remodeling or repairing a structure which does not increase the number of service units; 3. Replacing a residential unit, including a modular building or manufactured / mobile home, with another residential unit on the same lot, provided that the number of service units does not increase; 4. Placing a temporary construction trailer or office on a lot; Page 9 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc 5. Constructing an addition on a residential structure which does not increase the number of service units; 6. Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements; 7. Upon demonstration by fee payer by documentation such as utility bills and tax records, to the installation of a modular building, manufactured / mobile home or recreational vehicle on that same lot or space for which a development impact fee has been paid previously, and as long as there is no increase in service units. C. An exemption must be claimed by the fee payer upon application for a building permit. Any exemption not so claimed shall be deemed waived by the fee payer. Applications for exemption shall be submitted to and determined by the City Clerk, or his or her duly designated agent, within ninety (90) days. Appeals of the City Clerk's, or his or her duly designated agent, determination shall be made under the provisions of Chapter X of this Ordinance entitled "Appeals." Section 3 Collection of Impact Fee COLLECTION OF IMPACT FEE: A. The development impact fee shall be paid and collected at the time of issuance of a building permit or a manufactured/mobile home installation permit. B. No building permit or other equivalent City approval shall be issued for development as herein defined unless the impact fee is paid pursuant to this Ordinance. C. A manufactured / mobile home unit may not locate on a manufactured / mobile home site unless the impact fee is paid pursuant to this Ordinance or has been paid on a previous manufactured / mobile home unit on the same site. D. In the event payment is dishonored, the City shall have all lawful remedies including but not necessarily limited to the withholding of utility services, the imposition of reasonable interest and penalties, the imposition of liens pursuant to Chapter 5, Title 45, Idaho Code, the withholding of other City approvals required for the development of other properties owned by the fee payer, and the issuance of "stop work" orders, and the revocation or suspension of the building permit. Section 4 Capital Improvement Projects Page 10 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc CAPITAL IMPROVEMENT PROJECTS: The capital improvement projects to be financed by the impact fee are those as listed in the "Study," incorporated herein by reference along with all footnotes, exhibits, appendices, and other attachments referenced. Section 5 Calculation of Impact Fee CALCULATION OF IMPACT FEE: A. The City shall calculate the amount of the impact fee due for each building permit and manufactured / mobile home installation permit by the procedure set forth in the "Study" within thirty (30) days of submittal of complete permit plans for residential development and within sixty (60) days of submittal of complete permit plans for commercial development. B. The calculation of a development impact fee shall be in accordance with generally accepted accounting principles. A development impact fee shall not be deemed invalid because payment of the fee may result in an incidental benefit to owners or developers within the service area other than the person paying the fee. C. A development impact fee shall be calculated on the basis of levels of service for public facilities adopted in this Ordinance and in the "Study" that are applicable to existing development as well as new growth and development. The construction, improvement, expansion or enlargement of new or existing public facilities for which a development impact fee is imposed must be attributable to the capacity demands generated by the new development. D. If the development for which a building permit or manufactured / mobile home installation permit, is sought contains a mix of uses, the impact fee will be calculated for each type of use. E. Certification: Prior to making an application for a building permit manufactured / mobile home installation permit, a prospective applicant may request in writing a written certification of the development impact fee schedule or individual assessment for a particular project which shall establish the development fee for a period of one (1) year from the date of certification. The certification shall include an explanation of facilities considered under Section 67-8207, Idaho Code. The certification shall specify the system improvement(s) for which the impact fee is intended to be used. F. Individual Assessment: Individual assessment of impact fees is permitted in situations where the fee payer can demonstrate by clear and convincing evidence that the established impact fee is inappropriate. Page 11 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc 1. Individual assessments of development impact fees may be made by application to the City Clerk, or his or her duly designated agent, prior to receiving building permits manufactured / mobile home installation permits, or other necessary approvals from the City. The City Clerk, or his or her duly designated agent, shall evaluate such individual assessments under the guidelines provided for in Section F4 of this Chapter. If the guidelines are met, the individual assessment shall be approved by the City Clerk, or his or her duly designated agent. Any decision regarding a request for an individual assessment shall be provided in writing to the applicant and a copy of said decision, along with supporting documentation, shall be provided to the City Council within thirty (30) days of the decision. 2. Late applications for individual assessments may be submitted within thirty (30) days after the receipt of a building permit only if the fee payer makes a showing that the facts supporting such application were not known or discoverable prior to receipt of a building permit and that undue hardship would result if said application is not considered. 3. The City Clerk, or his or her duly designated agent, shall render a written decision regarding the individual assessment and forward it to the City Council within thirty (30) days of the date a complete application is submitted. The decision of the City Clerk, or his or her duly designated agent, shall establish the impact fee for the project in question for a period of one (1) year from the date said decision becomes final. 4. The City Clerk, or his or her duly designated agent, shall evaluate an application for individual assessment and may approve the same if fee payer has shown by clear and convincing evidence that the established impact fee is inappropriate and that the following facts and conditions exist. a. Exceptional or extraordinary circumstances or conditions apply to the development that do not apply generally to other properties in the vicinity of the development. b. An individual assessment is necessary for the reasonable and acceptable development of the property. c. The approval of the individual assessment will not be materially detrimental to the public welfare or injurious to property in the vicinity in which the development is located. d. The approval of the individual assessment will not adversely affect the capital improvement plan for the City. 5. Appeals from the City Clerk, or his or her duly designated agent, determination of individual assessment shall be made to the City Council by the Page 12 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc filing of an appeal with the City Clerk within thirty (30) days of the date of mailing, faxing, or personal delivery of written notice of the decision of the City Clerk, or his or her duly designated agent. Final determination regarding the appeal of individual assessments shall be made by the City Council. G. The impact fees and trip generation rates (as determined by the latest edition of the Institute of Traffic Engineers trip generation manual) are set forth in the "Study." The City Council may set forth impact fees and trip generation rates by resolution and modify the same by resolution as allowed by law. Section 6 General Methodology for Calculation GENERAL METHODOLOGY FOR CALCULATION: A. The amount of the impact fee shall be calculated using the methodology contained in the "Study." B. A development impact fee shall not exceed a proportionate share of the cost of system improvements determined in accordance with Section 67-8207, Idaho Code. Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs. C. A developer shall have the right to elect to pay a project's proportionate share of system improvement costs by payment of development impact fees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvement costs, except as provided in Section 67-8214(3), Idaho Code. The schedule of development impact fees for various land users per unit of development shall be as set forth in the "Study." D. 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 City in the provision of system improvements to serve the new development. The proportionate share is the cost attributable to the new development after the City considers the following: a. any appropriate credit, offset or contribution of money, dedication of land, or construction of system improvements; b. payments reasonably anticipated to be made by or as a result of a new development in the form of user fees, debt service payments, or taxes which are dedicated for system improvements for which development impact fees would otherwise be imposed; and Page 13 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc c. all other available sources of funding such system improvements. 2. In determining the proportionate share of the cost of system improvements to be paid by the developer, the following factors shall be considered by the City: a. The cost of existing system improvements within the service area or areas; b. The means by which existing system improvements have been financed; c. The extent to which the new development will contribute to the cost of system improvements through taxation, assessments, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions. d. The extent to which the new development is required to contribute to the cost of existing system improvements in the future. e. The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas; f. Extraordinary costs, if any, incurred in serving the new development; g. The time and price differential inherent in a fair comparison of fees paid at different times; and h. The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation. The City shall develop a plan for alternative sources of revenue, which shall include but not necessarily be limited to plans generated during the City's annual budget process, lobbying efforts, tax increment financing, implementation of user fees and various forms of utilities. Section 7 Administration of Impact Fee ADMINISTRATION OF IMPACT FEE: A. Transfer of funds to City Clerk: Upon receipt of impact fees, the City Clerk, or his or her duly designated agent, shall be responsible for placement of such funds into separate accounts as hereinafter specified. All such funds shall be deposited in interest- bearing accounts, within the Capital Projects Fund, in a bank authorized to receive Page 14 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc deposits of city funds. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds of such account. B. Establishment and maintenance of accounts: The City Clerk, or his or her duly designated agent, shall establish separate accounts and maintain records for each such account whereby impact fees collected can be segregated. C. Maintenance of records: The City Clerk, or his or her duly designated agent, shall maintain and keep accurate financial records for each such account that shall show the source and disbursement of all revenues; that shall account for all monies received; that shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of projects specified in the capital improvements program; and that shall provide an annual accounting for each impact fee account showing the source and amount of all funds collected and the projects that were funded. D. Development impact fees shall only be spent for the category of system improvements for which the fees are collected and either within or for the benefit of the service area in which the project is located. E. Review and modification: Unless the City Council deems some other time period is appropriate, the City shall at least once every five (5) years commencing from the date of the original adoption of the capital improvement plan, review the development potential of the area and update the capital improvements plan in accordance with the procedures set forth in Idaho Code Section 67-8206. The City may make any updates as are deemed necessary as a result of (1) development occurring in the prior year; (2) capital improvements actually constructed; (3) changing facility needs; (4) inflation; (5) revised cost estimates for capital improvements; (6) changes in the availability of other funding projects; and (7) such other factors as may be relevant. F. The City shall annually adopt a capital budget. G. As part of its annual audit process, the City shall prepare an annual Study describing the amount of all development impact fees collected, appropriated, or spent during the preceding year by category of public facility and service area. H. All other requirements of Idaho Code 67-8210, regarding earmarking and expenditure of collected development impact fees, shall apply. Section 8 Credits CREDITS AND REIMBURSEMENT: A. 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 the City from a Page 15 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc developer for system improvements of the category for which the development impact fee is being collected. Credit or reimbursement shall not be given for project improvements. B. If a developer is required to construct, fund or contribute system improvements in excess of the development project's proportionate share of system improvement costs, the developer shall receive a credit on future impact fees or be reimbursed at the developer's choice for such excess construction, funding or contribution from development impact fees paid by future development which impacts the system improvements constructed, funded or contributed by the developer(s) or fee payer. C. If credit or reimbursement is due to the developer pursuant to this section, the City shall enter into a written agreement, with the fee payer, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement. D. No credits shall be given for the construction of local on-site facilities, structures, improvements, or other project improvements required by zoning, subdivision, or other city regulations unless the improvement is identified in the "Study" as a system improvement. E. Any person requesting such credit or reimbursement shall submit their request in writing on a form provided by the City and present documentation of costs or payments for facilities to the City Clerk or his or her duly designated agent prior to issuance of a building permit or manufactured / mobile home installation permit. The determination shall be made no more than forty-five (45) days after complete documentation is submitted to the City Clerk or his or her duly designated agent. Any appeal from such a determination by the City Clerk, or his or her duly designated agent, shall be pursuant to Chapter X of this Ordinance. Section 9 Refunds REFUNDS: A. The current owner or contract purchaser of property on which an impact fee has been paid may request a refund of such fee if: 1. service is available but never provided; 2. the project for which a building permit has been used has been lawfully altered resulting in a decrease in the amount of the impact fee due; or 3. the City, after collecting the fee when service is not available, has failed to appropriate and expend the collected development impact fees pursuant to Section 67-8210(4) Idaho Code. Page 16 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc 4. a building permit or permit for installation of a manufactured / mobile home is denied or abandoned. B. The request for refund must be filed in writing and submitted to the City Clerk or his or her duly designated agent on a form provided by the City for such purpose. The Owner shall provide such documentation as the City Clerk, or his or her duly designated agent, may require to prove such satisfaction, reconveyance, or releases from contract sellers, mortgagees, lienholders, and / or others having an interest in the real property for which an impact fee has been paid. C. A request for refund must be filed within the time allowed by law. D. Within ninety (90) days of the date of receipt of a request for refund, the City Clerk or his or her duly designated agent must provide the owner, in writing, with a decision on the refund request including the reasons for the decision. If a right to refund exists, the City is required to send a refund to the owner of record within ninety (90) days after it is determined that a refund is due. A refund shall include a refund of interest at one-half ('/2) the legal rate provided for in Section 28-22-104, Idaho Code. E. Owner may appeal the determination of the City Clerk, or his or her duly designated agent, to the City Council pursuant to the provisions in Chapter X of this Ordinance. Section 10 Appeals APPEALS: A. A developer or fee payer may appeal the written determination of the applicability and amount of the development impact fee, or refund, or any discretionary action or inaction by or on behalf of the City to the City Council. B. The developer or fee payer must file a notice of appeal to the City Council with the City Clerk within thirty (30) days following the written determination, discretionary action or inaction. When filing an appeal, the fee payer shall submit a letter providing a full explanation of the request, the reason for appeal, as well as all supporting documentation. C. The filing of an appeal shall not stay required payment of the impact fee, however, a fee payer can pay a development impact fee under protest in order to obtain development approval or building permit. D. Upon voluntary agreement by the fee payer and the City, any disagreement related to the impact fee for the proposed development may be mediated by a qualified independent party. Page 17 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc 1. Mediation may take place at any time during the appeals process and participation in mediation does not preclude the fee payer from pursuing other remedies provided for in this Ordinance. 2. Mediation costs shall be shared equally by the fee payer and the City. Section 11 Extraordinary Impacts EXTRAORDINARY IMPACTS: In determining the proportionate share of the cost of system improvements to be paid by the developer, the City Clerk or his or her duly designated agent shall consider whether any extraordinary costs will be incurred in serving the development based upon an extraordinary impact as defined in Chapter I of this ordinance. This determination shall be made prior to issuance of any permit for development and shall be paid prior to any such issuance except as may be provided pursuant to a private agreement between the parties as authorized by Idaho Code Section 67-8214. If the City Clerk or his or her duly designated agent determines that the development will result in an extraordinary impact, it shall advise the fee payer in writing what the extraordinary impact is, the reason for the extraordinary impact, and the estimated costs to be incurred as a result of the extraordinary impact. Nothing in this Ordinance shall obligate the City to approve any development which results in extraordinary impact. The fee payer may appeal the determination of an extraordinary impact or the amount of extraordinary costs incurred in writing by filing a notice of appeal to the City Council with the City Clerk pursuant to the terms set forth in Chapter X, entitled "Appeals." When filing an appeal, the fee payer shall submit a letter providing the reason for the appeal along with supporting documentation. The City Council shall consider the appeal and make a final determination within ninety (90) days of receipt of the written appeal. Section 12 Development Impact Fee Study ADDENDUM "A": Addendum "A" entitled "Development Impact Fee Study" dated May 11, 1999 along with all footnotes, exhibits, appendices, and other attachments referenced therein, all of which are by this reference incorporated herein as if set forth fully. A description of acceptable levels of service for system improvements is described in the "Study." Page 18 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc Section 13 CHAPTER XIII Bonding BONDING: Funds pledged toward retirement of bonds, revenue certificates, or other obligations of indebtedness for such projects may include impact fees and other city revenues as may be allocated by the City Council. Section 14 CHAPTER XIV Effects of Impact Fee on Zoning and Subdivision Regulations, Impact Fee as Additional and Supplemental Requirement EFFECT OF IMPACT FEE ON ZONING AND SUBDIVISION REGULATIONS: This Ordinance shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements, or any other aspect of the development of land or provision of capital improvements subject to the zoning and subdivision regulations or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development. Section 15 Other Powers and Rights Not Affected OTHER POWERS AND RIGHTS NOT AFFECTED: A. Nothing in this Ordinance shall prevent the City from requiring a developer to construct reasonable project improvements in conjunction with a development project. B. Nothing in this Ordinance shall be construed to prevent or prohibit private agreements between property owners and developers, the Idaho Transportation Department, the City, and other governmental entities in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer including interproject transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one (1) development project. If it can be shown that a proposed development has a direct impact on a public facility under the jurisdiction of the Idaho Transportation Department, then the agreement shall include a provision for the Page 19 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc allocation of impact fees collected from the developer for the improvement of the public facility by the Idaho Transportation Department. C. Nothing in this Ordinance shall obligate the City to approve development which results in an extraordinary impact. Extraordinary impacts shall be determined and processed pursuant to Chapter XI of this Ordinance. D. Nothing in this Ordinance shall obligate the City to approve a development request which may reasonably be expected to reduce levels of service below minimum acceptable levels established in the development impact fee ordinance. To this end, the City may impose a development impact fee for system improvement costs incurred subsequent to adoption of the ordinance to the extent that new growth and development will be served by the system improvements. E. Nothing in this Ordinance shall be construed to create any additional right to develop real property or diminish the power of the City in regulating the orderly development of real property. F. Nothing in this Ordinance shall work to limit the use by the City of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues. G. Nothing herein shall restrict or diminish the power of the City to annex property into its territorial boundaries or exclude property from its territorial boundaries upon request of a developer or owner, or to impose reasonable conditions thereon, including the recovery of project or system improvement costs required as a result of such voluntary annexation. Section 16 CHAPTER XVI Severability SEVERABILITY: The provisions of this Ordinance are hereby declared to be severable and if any provision of the Ordinance 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 remaining portions of this Ordinance. Section 17 All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict. Page 20 of 21 K:\COUNCIL\Draft Ordinances\Ord 345.doc Section 18 Should any sentence, section, clause, part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part declared to be invalid. Section 19 Neither the adoption of this ordinance nor the repeal of any ordinance shall, in any manner, affect the prosecution for violation of such ordinance committed prior to the effective date of this ordinance or be constructed as a waiver of any license or penalty due under any such ordinance or in any manner affect the validity of any action heretofore taken by the City of Eagle City Council or the validity of any such action to be taken upon matters pending before the City Council on the effective date of this ordinance. Section 20 This ordinance shall be published in full or in summary in one (1) issue of the Valley News, a newspaper of general circulation published within the City of Eagle and the official newspaper thereof and shall be in full force and take effect on thirty days from the date of publication. Attest: Approved by the Mayor this 11th day of May, 1999. Page 21 of 21 K:,COUNCIL\Draft OrdinancesOrd 345.doc The Valley News, P.O. 1, Meridian, Idaho 83680 Affidavit of Publication STATE OF IDAHO ss. COUNTY OF ADA Public Hearing / "Development Impact Fee Ordinance" TITLE OF PUBLICATION City of Eagle PLAINTIFF OR LEGAL AGENT being duly sworn, Tim Frates deposes and says: That I am the Publisher of THE VALLEY NEWS, a weekly newspaper published in Meridian, in the County of Ada and State of Idaho; that said newspaper has been and is in general circulation in the county aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which is attached hereto, was published in said newspaper once a week for 3 consecutive weeks in the regular and entire issue of said paper during the period and time of publication, and was published in the newspaper proper and not a supplement; that said paper has been established and regularly published for more than seventy-eight consecutive weeks prior to the date of first publication of said advertisement. Such notice was published in the issue beginning with 19 99 . and ending with the issue of April 21 19 99 X STATE OF IDAHO COUNTY OF ADA April 7 On this 1 day of May in the year of1999 before me, a Notary Public, personally appeared Tim Frates , known or identified to me to be the person whose name subscribed to the within instrument, and being by i rst duly sworn, declared that the statements therein are true, and ackrellfe�1c, me that he/she executed the sarr S _ (OA/L••�, Notary Public or Itda/h�o �f� z • G4,Residing at OPy mission expires STATEMENT Valley News Meridian, Idaho Number of Lines 18 Lines Number of Insertions 3 18 Lines @ 1.50 $ 27.00 36 Lines @ 1.25 $ 45.00 TOTAL COST Copy of Notice (First Copy) NOTICE OF PUBLIC HEARING City of Eagle The City of Eagle, pursuant to I.C. 67-6509, I.C. 63-1311A and I.C. 67- 8206, formally gives notice of its intention to adopt a "Development Impact Fee Ordinance", a develop- ment impact fee study and a capital improvement plan. The said ordi- nance permits and authorizes a sched- ule of impact fees to be used to fund future parks and pathways needed to accommodate future growth. The said impact fees are new fees. In summary, said Ordinance and accom- panying documents set forth the rela- tionship between the amount of the impact fees and the cost of public facilities attributable to new develop- ment upon which the fees will be imposed. A hearing will be held on the Ordinance and accompanying documents on April 27, 1999 at 7:30 p.m. at the City of Eagle, City Hall, 310 East State Street, Eagle, ID 83616. A copy of all documents is available for review upon request. Any member of the public has the right to appear at the public hearing and present evidence regarding the proposed Development Impact Fee Ordinance, the Development Impact Fee Study and the Capital Improve- ment Plan. L -435E April 7, 14 & 21, 1999 RECEIVED & FILED CITY OF EAGLE MAY 2 1 1999 Fire: Route to: T!\ 1 AOCC The Valley News, P.O. Bo ^ Meridian, Idaho 83680 :affidavit of Publication STATE OF IDAHO } SS. COUNTY OF ADA Hearing/Amend Ord. 345 & Capital Improvement Plan TITLE OF PUBLICATION City of Eagle PLAINTIFF OR LEGAL AGENT Scott Zelden , being duly sworn, deposes and says: That I am the Publisher of THE VALLEY NEWS, a weekly newspaper published in Meridian, in the County of Ada and State of Idaho; that said newspaper has been and is in general circulation in the county aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which is attached hereto, was published in said newspaper once a week for 2 consecutive weeks in the regular and entire issue of said paper during the period and time of publication, and was published in the newspaper proper and not a supplement; that said paper has been established and regularly published for more than seventy-eight consecutive weeks prior to the date of first publication of said advertisement. Such notice was published in the issue beginning with September 29 19 99 , and ending with the issue of October 6 19 99 X STATE OF IDAHO COUNTY OF ADA On this 6th day of October Public, personally appeared to me to be the person whose name in the year of Scott Zelden 1999 before me, a Notary . known or identified subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed e s. , e. Notary Public for Idaho Residing at .41,4.e%/n My Commission expires STATEMENT Valley News Meridian, Idaho 14 Lines Number of Lines Number of Insertions 14 Lines @ 1.50 14 Lines @ 1.25 TOTAL COST 2 $ 21.00 $ 17.50 CITY OF EAGLE Ada County, Idaho NOTICE is hereby given that the Eagle City Council will hold a public hearing on October 14, 1999 at 6:30 p.m. at the Eagle City Hall, 310 E. State Street, Eagle, Idaho. The pur- pose of the hearing is to amend Ordi- nance No. 345, Developmental Impact Fee Ordinance, and to amend the Capital Improvement Plan. WRITTEN COMMENTS will be accepted until 5:00 p.m. on the day of the hearing. Qualified individuals who need accessible communication aids and services or other accommo- dations to participate in programs and activities are invited to make your needs and preferences known to the 504/ADA Coordinator (Eagle City Clerk). Please give us at least three to five days advance notice so we can adequately meet your needs. CITY OF EAGLE Is/Sharon K. Moore City Clerk L -507E, September 29 and Octo- ber 6, 1999 T!\ The Valley News, P.O. Box 2 jMeridian, Idaho 83680 Affidavit of Publication STATE OF IDAHO COUNTY OF ADA } ss. Ord. #345 TITLE OF PUBLICATION City of Eagle PLAINTIFF OR LEGAL AGENT Scott Zelden deposes and says: That I am the being duly sworn, Publisher of THE VALLEY NEWS, a weekly newspaper published in Meridian, in the County of Ada and State of Idaho; that said newspaper has been and is in general circulation in the county aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which is attached hereto, was published in said newspaper once a week for 1 consecutive weeks in the regular and entire issue of said paper during the period and time of publication, and was published in the newspaper proper and not a supplement; that said paper has been established and regularly published for more than seventy-eight consecutive weeks prior to the date of first publication of said advertisement. Such notice was published in the issue beginning with 19 99 19 99 X and endi 'th the issue of June 16 STATE OF IDAHO COUNTY OF ADA June 16 On this 6 day of July in the year of1999 before me, a Notary Public, personally appeared Scott Zelden , known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein ar• true, and acknowled umiiii she executed the s I QQ. �� C. : OI Ai? .. ▪ ,p V .' wl- ing at v.N Nti:t••.11.....06* io. y 6Frn n expires Notary Public for Idaho STATEMENT Valley News Meridian, Idaho Number of Lines 684 Lines Number of Insertions 1 684 Lines @ 1.50 $ 1.026.00 Lines @ 1.25 $ TOTAL COST WILL BE $ 1.026.00 Copy of Notice (First Copy) ORDINANCE NO. 345 AN ORDINANCE AMENDING THE CITY OF EAGLE MUNICI- PAL CODE BY ADDING A NEW CHAPTER TO BE KNOWN AS THE "DEVELOPMENT IMPACT e fi FEE ORDINANCE" TO ALLOW DEVELOPMENT IMPACT FEES, d ESTABLISHING SUCH FEES, AND c, MORE PARTICULARLY SETTING tz FORTH THE TITLE AND PUR- 1E POSE AND PRESCRIBING THE ✓ PROCEDURES FOR CARRYING tf OUT THE PURPOSE HEREOF; o ATTACHING AND INCORPORAT- ING THE "CITY OF EAGLE DEVELOPMENT IMPACT FEE STUDY" DATED MAY 11, 1999 AS d t' ll APPENDIX "A" HERETO; REPEALING ALL ORDINANCES d AND PARTS OF ORDINANCES IN CONFLICT HEREWIT'H; PROVID- ING A SAVINGS CLAUSE; PRO- , VIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE i DATE HEREOF. i WHEREAS, after a public hearing b{y the City Council to consider a t study entitled, "City of Eagle Devel- a t opment Impact Fee Study," dated May 11, 1999, hereinafter referred to s in this Ordinance as IStudy,i the City / Council has made and does hereby I make the following findings, to wit: 1) That the City is responsible for and committed to the provision of 1 public facilities and services . t levels necessary to cure any existiniz public service deficiencies in already` devel- oped areas; 1 2) That such facilities find ser- vice levels shall be provided by the City utilizing funds allocated via the capital budget and capital improve- ments programming processes and relying upon the funding sources indicated therein; 3) That new residential devel- opment, however, will cause and impose increased and excessive demands on existing City public facilities and services including, without limitations, parks and path- ways that would not otherwise be necessary; 4) In the Study, dated May 11, 1999 which indicates build out pro- jections, public facilities analysis and the methodology for the determina- tion of an impact fee for parks and NO. L -460E RECEIVED & FILED CITY OF EAGLE MAY 2 7 1999 File: Route to: CITY OF EAGLE Development Impact Fee Study / Capital Improvements Plan CITY OF EAGLE Development Impact Fee Study / Capital Improvements Plan Prepared for: City of Eagle 310 East State Street Eagle, ID 83616 Prepared by: Hofman Planning Associates P.O. Box 208 Laclede, Idaho 83941 1.800.433.4460 Approved by the City Council: May 11, 1999 Individuals Responsible for the Preparation of this Study: CITY OF EAGLE Nancy Merrill, City Council Member Mark Butler, Zoning Administrator Development Impact Fee Advisory Committee Diane Anderson John Hendricks Georgia Mackley Ted Martinez Ed Salvi HOFMAN PLANNING ASSOCIATES Bill Hofman, President Stan Weiler, Principal Planner Niko Carrigan, Associate Planner Development Impact Fee Study / May 11, 1999 Capital Improvements Plan TABLE OF CONTENTS Chapter Page EXECUTIVE SUMMARY 1 INTRODUCTION 4 BUILD OUT PROJECTIONS 6 I. INTRODUCTION 6 II. STUDY AREA 6 III. RESIDENTIAL PROJECTIONS 8 PARK FACILITIES 12 I. INTRODUCTION 12 II. LEVEL OF SERVICE STANDARD 12 III. PARK FACILITIES ANALYSIS 12 A. Existing Facilities Analysis 12 B. Build Out Requirements 15 IV. PARK FACILITIES FINANCING 16 A. Facility Costs To Meet Existing Demand 16 B. Facility Costs To Meet Build Out Demand 17 C. Fee Calculation 18 D. Optional Financing Mechanisms 18 PATHWAY FACILITIES 20 I. INTRODUCTION 20 II. LEVEL OF SERVICE STANDARD 20 III. PATHWAY FACILITIES ANALYSIS 20 A. Existing Facilities Analysis 20 B. Build Out Requirements 24 IV. PATHWAY FACILITIES FINANCING 24 A. Facility Costs To Meet Existing Demand 25 B. Facility Costs To Meet Build Out Demand 25 C. Fee Calculation 26 D. Optional Financing Mechanisms 28 CAPITAL IMPROVEMENTS PHASING 29 I. INTRODUCTION 29 II. RESIDENTIAL PHASING PROJECTIONS 30 III. PARK FACILITIES PHASING 32 IV. PATHWAY FACILITIES PHASING 34 Development Impact Fee Study / May 11, 1999 Capital Improvements Plan FINANCING OPTIONS 36 I. INTRODUCTION 36 A. General Taxes 36 B. Dedicated Taxes 36 C. State -shared Revenues 36 D. Local Bond Issues 36 E. Impact Fees 37 F. User Fees 37 G. Special Districts 37 H. State Grants and Assistance Programs 38 I. Federal Assistance 38 II. SUMMARY 38 IMPLEMENTATION 39 I. INTRODUCTION 39 II. TIMING OF FEE COLLECTION 39 III. FEE COLLECTION METHOD 39 CONCLUSION 41 Development Impact Fee Study / May 11, 1999 Capital Improvements Plan LIST OF EXHIBITS Exhibit Title Page Exhibit 1 Area of Impact 7 Exhibit 2 City of Eagle - Comprehensive Land Use Plan 9 Exhibit 3 City of Eagle - Park Location Map 14 Exhibit 4 City of Eagle - Pathway Plan 22 LIST OF TABLES Table Title Page, Table 1 Impact Fee Summary 3 Table 2 Park Facilities Fee Calculation 19 Table 3 Proposed Pathways Inventory (With Developer Contribution) 23 Table 4 Pathway Facilities Fee Calculation 27 Table 5 Residential Phasing Projections 31 Table 6 Park Facilities Phasing 33 Table 7 Pathway Facilities Phasing 35 Development Impact Fee Study / May 11, 1999 Capital Improvements Plan EXECUTIVE SUMMARY The following is a summary of the results of the park facilities and pathway facilities analysis and the resulting development impact fees that will be necessary to fund the required facilities. The facilities analyses provide the background information used in the preparation of the required Capital Improvement Plan and includes the following: an inventory of existing facilities, projected build -out projections, adopted level of service standards, an assessment of the need for new facilities to serve the build -out population, an estimate of the costs to provide those facilities, and the identification of alternative ways to fund these facilities. The development impact fee is one of the alternative funding mechanisms and, when implemented, it will provide a means by which future development will pay for the costs for future park facilities and pathway facilities improvements needed and created by said future development. Two definitions will be helpful in understanding this executive summary. Build Out Projections - the residential forecast of growth within the Area of Impact from the present time until all available land has been developed to the extent realistically permitted by the terrain and the Comprehensive Plan. Build out projections are not time dependent. Level of Service Standard - A performance standard applied to a facility ensures that adequate public facilities are provided at a desirable level. This standard can be population based or square footage based depending on the facility. For park facilities and pathway facilities, the level of service standard is population based. The findings of this study can be summarized as follows: BUILD OUT PROJECTIONS: Existing Dwelling Units - Future Dwelling Units - Build Out Dwelling Units - Build Out Population - PUBLIC FACILITIES ANALYSIS: Park Facilities - Level of Service Standard - Existing Facilities - Existing Demand - Existing Surplus/ < Deficiency > - Build Out Demand - Additional Facilities Needed at Build Out - 4,183 10,802 14,985 38,062 Estimated Costs to be Funded by Impact Fees - Development Impact Fee Study / Capital Improvements Plan 1 3.3 Acres / 1,000 Population 4.08 Acres 35.06 Acres <30.98 > Acres 125.60 Acres 121.52 Acres $5,894,503.66 May 11, 1999 Pathway Facilities - Level of Service Standard - 4,670 Linear Feet / 1,000 Population Existing Facilities - Existing Demand - Existing Surplus/ < Deficiency> - Build Out Demand - Additional Facilities Needed at Build Out - 25,950 LF 49,615.96 LF <23,665.96> LF 177,742.10 LF 151,792.10 LF Estimated Costs to be Funded by Impact Fees - $1,592,001.62 Based on the build out projections and the facilities analysis conducted, the following table provides the recommended development impact fees for parks and pathways within the City of Eagle. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 2 Table 1 Impact Fee Summary I -acuity Parks Paths Pefbweiung Unit Fee $545.69 $147.38 [Total May 11, 1999 $693.07 INTRODUCTION The City of Eagle has experienced rapid growth during the last few years and this growth is expected to continue at a moderate pace. As this growth proceeds, increasing demands will be placed on the city's public facilities and services. Construction of new facilities will be required to meet this new demand. The City has made the decision that new development must pay for the new parks and new pathways necessary to support this new development. The City has chosen a development impact fee program as the primary funding mechanism to pay for park facilities and pathway facilities required to serve new development. The purpose of this study is to provide the necessary support data to establish a development impact fee and a Capital Improvements Plan for the identified facilities in conformance with Idaho Code. Title 67, State Government and State Affairs. Chanter 82. Development Impact Fees (the "Idaho Development Impact Fee Act"). The Idaho Development Impact Fee Act is the state enabling legislation that allows for impact fees to be collected by a local jurisdiction and sets the parameters to ensure that the impact fees are fair and equitable. The required contents of the Development Impact Fee Study / Capital Improvements Plan is outlined in Section 67-8206(2) of the Idaho Development Impact Fee Act. This Act specifies that a Capital Improvements Plan (CIP) must be provided to allow for the collection of impact fees. The CIP must include the following information: ►A general description of existing facilities ►A commitment by the City to cure existing deficiencies *An analysis of capacity and current level of use ►A description of land use assumptions .An inventory of existing facilities ►A table establishing specific levels of use or consumption by service unit ►A description of all improvements and costs *The total number of service units attributed by new development .The projected demand for improvements ►Identification of funding sources ►A time schedule for the commencement and completion of improvements Throughout this report, the Development Impact Fee Study / Capital Improvements Plan will be referred to as the 'study'. This study, in conjunction with the Development Impact Fee Ordinance for the City of Eagle, is in compliance with the Development Impact Fee Act. In addition to providing the methodology to determine a development impact fee, this study also serves as the capital improvement plan for park and pathway facilities. The format of this study is such that it is as easy to follow as possible without sacrificing the detail necessary to withstand close scrutiny, either legal or otherwise. The Development Impact Fee Study identifies build out projections for the City of Eagle and those areas outside the city limits that are within the City's Area of Impact. The build out projections are based on the land use designations of the City's Comprehensive Plan. These build out projections are used to determine the projected impacts to park facilities and pathway facilities created by future development. The demand for facilities requires an analysis of the type and the Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 4 extent of the needed facilities. Once this is completed, a cost to meet the demand can then be determined. These costs are identified and utilized in this study as a part of the methodology to provide the necessary rational nexus between the public facility improvement needs and the impact fee to be paid by future development. Table 1 on page 3 is a summary of the calculated development impact fees based on the growth assumptions of this study. The results of the study are based on considerable research and analysis. The derivation of the fees can be followed by the documentation and methodology contained in this study. The Facilities Analysis The first step of this study was to inventory land uses and existing park facilities and pathway facilities. The land use and facility inventories of the City of Eagle were developed from land use maps, existing reports, on-site visual observations and consultation with the City of Eagle staff. The two facilities included in the inventory and this study are: • Parks; • Pathways The next step in the facilities analysis was to obtain build -out projections. These projections, which provided an essential basis for the rest of the process, are explained in detail in the Build Out Projections chapter. Step three in the facilities analysis process was to establish Level of Service standards (LOS) for both the park and the pathway facilities. A level of service standard is a statement of policy that specifies the quantity and/or quality of service that a city intends to provide to its citizens. Once the level of service standards were adopted by the City, existing facility deficiencies (i.e., facilities that are not adequate to serve the present population) were identified along with the projected need for additional facilities at build -out. The fourth step in preparing the facilities analysis was to make cost estimates for the new or expanded facilities that will be needed at build out. The Development Impact Fee The City Council has determined that development impact fees should be a primary funding mechanism to finance future park facilities and pathway facilities improvements needed to serve new development. The facilities analysis provides the necessary information to establish a development impact fee program for the City of Eagle. There are provisions in the Idaho Development Impact Fee Act which allows for the modification and updating of the development impact fees. Additionally, the Act (Section 67-8208(2)) requires that all Capital Improvements Plans are updated every five (5) years. The final result of the research, discussions, analysis and re -analysis is a development impact fee study and ordinance that reflect both professional expertise and local experience. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 5 BUILD OUT PROJECTIONS I. INTRODUCTION The build out projections discussed in this report forecasts residential growth within the City of Eagle's area of impact from the present time until all available land has been developed to the extent realistically permitted by the terrain and local land use regulations. The purpose of such a projection is to help City Council members as well as other local decision makers know today the extent of the public facilities and services that will be needed to serve new development. The residential build out projection is determined by the type of residential land use designation and the assumed number of dwelling units per acre. Population projections are determined based on the ultimate number of dwelling units projected and the population generation rate. Build out projections are not time dependent. The time it will take a community to reach build out will vary depending on many factors, not least of which are the inevitable economic swings of a region. For this reason, this analysis does not attempt to predict when build out will occur nor does it predict yearly growth rates. For purposes of planning and budgeting for needed park facilities and pathway facilities, it is advisable to make short term projections (from three to five years). However, a community should not lock into such predictions, but instead should monitor its growth and the subsequent demands on its public facilities constantly and make adjustments in its facility planning. Public facility planning is a dynamic process which begins with an accurate assessment of potential build out scenarios. The steps to develop accurate build out projections are: 1) Define the study area; 2) Determine the number of existing residential units and calculate the existing population; 3) Determine the remaining vacant acres; 4) Estimate the residential build out projections. II. STUDY AREA The study area is defined as the "Area of Impact" as identified on the City of Eagle Comprehensive Land Use Plan. This area is shown on Exhibit 1 on page 7. As specified previously, the study area includes those lands which are outside the existing city limits, but within the city's area of impact. For purposes of public facility planning, it is assumed that these areas will eventually be serviced by the City of Eagle. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 6 1 Area of Impact Boundary Homer Road i 1 1 1 City of Eagle Area of Impact Prepared by Hofman Planning Associates April 1999 s No Scale III. RESIDENTIAL PROJECTIONS The Residential Projections chapter provides the amount of existing residential development and predicts future residential growth based on the most current land use designations. These land use designations are provided by the City of Eagle Comprehensive Land Use Plan as depicted on Exhibit 2 on page 9. The land use assumptions and the methodology used to determine the build out of the City of Eagle are explained in this chapter. This section is divided into Existing Residential Development Inventory and Build Out Residential Projections. A. Existing Residential Development Inventory The Ada Planning Association (APA) prepared a demographic report which analyzed the number of existing households and the employment rate for the City of Eagle's area of impact. According to the APA report, the number of existing units within the City of Eagle area of impact in 1996 was 3,573. This figure was increased to 4,183 to account for new home building permits issued since that time through January 19, 1999. The existing population was then determined by multiplying the existing dwelling units by a population generation rate of 2.54' persons per dwelling unit. The calculations indicate that the existing population is 10,625 persons as shown in the table below. EXISTING DWELLING UNITS AND POPULATION EXISTING DWELLING EXISTING POPULATION UNITS 4.181 10_625 1 1990 Census Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 8 HomF;Rd y 4 H ! )l i Y• r I 'r r I 5.3 ..COSA ."JBai. L carp © t� a=s ,`.® _SCS. -'i7S . sone--.�� . -::C1f: • T -emu..ma. rszes •-ors- --SIM I --;t3 f.i 1 -- r cu - -- - •l — -0 I 'Beacon Light Rd • I i. II r-2 FIoatin ci„,._ Feather Rd fl II 7/0 COD 1 r r i.,.�! Ali 1.. , IF I /3 _Dry Creek i. f.f f..=—rte I�-.r 411 I i....l _r _J -r d bA E - I �-4 cep I 1 if rr 1 ' .\.1.I..LI .l. i�.L e. L I,r!.,JIi,,. . 1 I -,j I iirri-I_i e Ij7•`. ...0_,_.,..2,.....„41i.4:_-1.. i....r1 14 r _.;�1-t �'� �•.}u �, $,tum.��ri_ y; 7. r,' �3.4'...,..0ataY .05-1, ill.; �tilrl •='''''''Ii.' r' i 4•; 10 a P / .�y.�. r, i• a• .`.::J"Jtl�!ra';va�•`x,•T,�-; g��{'"�'!_�.. v �p, :"..A."4. t,, ' Y" 2 _.,t," t 4/,'' �•r�i .-ry71 p1�p 1, { ! 11-1, 1• .t r 4 or,!; Mace i •„Channel Rd J -L.��::'•. Cr.r.';; 1 1 • _Y [di • T' i i f i 14; I, r i i s'A' 1 '; �i�� I t1C lilLCZ1,./.'11-727:--;417:;"'•-_.7'il Tf1J � 3 i • 3 t_` ~, ,LLL l• _ �_•1_ 1J 1`Ir _t !i`;� I i'I _'✓{�jflfr Tf"71�%-yilS i X11 _ di 1-1 �`�i' •:er1� I •�✓( n t �`Yj C`Qli l-F(!3j? lui\ -F •Vic$`: Joplin Rdt City of EagI Land Use Map Adopted October 14, 1997 She 1:31680 1 inch to 0.5 miles miles O 0.5 ❑ rim Trtmsitional One or fewer dwetliug runts per rive ❑ Very Low Density Residential One or fewer dwelling units per twc ❑ Low Density Residential Two or fewer dwelling units per ash Medium Density Reside;atisd Four or fewer dwelling units per as. Mixed Use Limited office, limited commercial, high density residential - xr to 20 dwelling units per acre Commercial Central Business District Industrial Public 1 Semi -Public Golf course, Parks, State Park, Gre Schools, Fire Stations Floodway City Limits Area of impact NOTE: Asea of Imapetboaaday limo as Imo sup are provide far aoavmmarn otdy and eery aotrefied the most tee asp 4iatad boandsty linea amved at betwoea rho city a Eagle and Ada Comely. Aotvtdmgly, reference mutat; to apeafic anfiaataoee.meodio$ the bormdety. Theta 'relocated is the office of rho Fogle City Cade- ADA hale ADA PLANNINC A99OCIAf11OI [Dm y.+u s.a.mr.we,s,o: o sassza This map is made from data copyrighted by Ad Ada County shall not be Gabe for irraecuracie. misuse ofthis. Main bearing this disclaim be photocopied freely. However. use in any dig requires the wtiaen permission• ofAda County B. Build Out Projections Future residential development projections forecast the new residential development that will take place in the study area beyond existing residential development from the present time to build out A build out analysis was completed by the APA to determine build out scenarios for the Treasure Valley region. Contained in the analysis was a build out scenario for the City of Eagle. The APA worked with the following assumptions in order to derive the build out numbers for the City of Eagle: ► Developable Land This was considered to be all parcels not subdivided within the Area of Impact. • Flood Plain Constrained Land Parcels within the flood plain are not considered to be developable. Therefore, the amount of land within the Traffic Analysis Zones (TAZ) which was in the flood plain was subtracted from the amount of developable land. • Land Use Densities The Eagle Comprehensive Plan adopted densities for each land use designation. To determine the population at build out the APA applied the adopted residential densities to 70% of the developable land within the TAZ (70% was used because that percentage was consistent with the development trends in the City of Eagle). The density factors are as follows: LAND USE DESIGNATION I Medium Density Residential Rural Transitional Very Low Density Low Density Residential VACANT BUILD OUT DENSITY FACTOR 1 du/5 ac 1 du/2 ac 2 du/ac 4 du/ac Mixed Use 20 du/ac* Source: City of Eagle 1997 Comprehensive .Plan, Adopted 10-14-97 * Residential Dwelling Units not to exceed 20 dwelling units per acre. Development Impact Fee Study / Capital Improvements Plan 10 May 11, 1999 According to the APA Treasure Valley Partnership Build Out Scenario, at build out there will be 14,985 dwelling units within the City of Eagle's area of impact. Applying a population generation rate of 2.54, it was determined that the population at build out will be 38,062 people. As demonstrated in the table below. BUILD OUT RESIDENTIAL PROJECTIONS BUILD OUT BUILD OUT DWELLING UNITS POPULATION I14,985 I 38,062 Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 11 PARK FACILITIES I. INTRODUCTION The park facilities analysis includes a review of the existing, proposed and future park facilities within the Area of Impact for the City of Eagle. The park facilities analysis is based on the need for land which provides active and passive recreational opportunities for local residents. These areas offer baseball/softball diamonds, soccer fields, playground equipment, group picnic shelters, and other active and passive recreational facilities. II. LEVEL OF SERVICE STANDARD The level of service standard used to ensure that adequate park facilities are provided in the City of Eagle is 3.3 acres per 1,000 population. This level of service is based on a desire by the City of Eagle to provide a variety of park types. III. PARK FACILITIES ANALYSIS A. Existing Facilities Analysis The existing park facilities analysis is comprised of two sections; the existing park inventory and the existing level of adequacy. 1. Existing Inventory The existing park facilities inventory provides the acreage of each existing usable park and any land acquired to be used for park facilities. The inventory of existing usable parks is provided in the table below. Friendship Park Arboretum Park Jessica Aschenbrenner Roadside Park Plaza Street Park Orval Krasen Park Heritage Park Calabasas Street Adjacent to City Hall Hwy 44 at Old Valley Road Eagle Rd & Plaza Street Steirman Way 2nd & State Street 1.33 0.50 0.50 0.25 1.00 0.50 Source: Comprehensive Plan Update, City of Eagle Idaho, 9-18-1998 pg. 9-2. Confirmation by Mark Butler, City of Eagle. Development Impact Fee Study / Capital Improvements Plan 12 May 11, 1999 As shown in the table above there is a total of 4.08 acres of park land available to the residents of the City of Eagle. Land already acquired and designated to be used for park facilities must also be considered as a part of the existing inventory. The acquisition costs for this area will not be included in the future costs to be paid by the impact fee. The following table provides the inventory of land acquired for future parks: Hill Road Park Merrill Community Park ......... . e acreage for this park may increase to 21.00 acres once the endowment from the Merrill family has been Source: Field Check done by IIPA & City of Eagle Officials Hill Road Boise River 1/2 East of Eagle Rd. 10.00 9.00* Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 13 1 Jessica Aschenbrenner State Hwy 44 Homer Road Beacon Liaht Road Floating Feather Road rval Kras ®Friep • • —t Hill Road Chinden Road City of Eagle Park Location Map Prepared by Hofman Planning Associates May 1999 s No Scale 2. Existing Level of Adequacy With a current population of 10,625 people, the required park acreage needed to satisfy the existing park demand totals 35.06 acres. The demand is calculated as follows: Existing Population x Level of Service = Existing Park Demand 10,625 Population x 3.3 Acres/1,000 Pop. = 35.06 Acres Based on the existing demand for 35.06 acres of park facilities and the existing inventory of 4.08 total acres, there is an overall deficiency of 30.98 acres of park land. Therefore, there is a current need for the development of additional park land. The deficiency of park acreage is calculated as follows: Existing Park Acreage - Current Demand = Park Acreage Deficiency 4.08 Acres - 35.06 Acres = -30.98 Acres B. Build Out Requirements Based on a level of service standard identified for park facilities and a build out population of 38,062 people, a total of 125.60 acres of park facilities will be needed to serve the build out population. Build out demand is calculated similarly to existing demand Build Out Population x Level of Service = Build Out Park Demand 38,062 Population x 3.3 Acres/1,000 Pop. = 125.60 Acres Since there are currently 4.08 total acres of park land, there is a future demand for an additional 121.52 acres of park land. Build Out Demand Existing Park Acreage = Future Demand 125.61 Acres 4.08 Acres = 121.52 Acres Since there is a deficiency of 30.98 acres, this deficiency must be corrected using funding sources other than impact fees. The 30.98 acres must be subtracted from the future demand 121.52 acres which results in a remaining 90.54 acres to be provided by future development via the impact fee. All future park locations will be determined at the time when demand creates a need for additional park facilities. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 15 IV. PARK FACILITIES FINANCING Park facilities will be provided to the residents of the City of Eagle as the need arises and when funding is available. The city currently has a deficiency of 30.98 acres of park facilities. The city is committed to correcting this deficiency. Funding for park facilities must be obtained now in order to provide adequate park facilities in the future. The primary source of the funding for future park facilities will be through the collection of impact fees for park facilities. The following is the methodology used to determine the park impact fee. The cost per acre to develop future parks depends on the type of park constructed. Mini -parks are small with few amenities and are typically passive in nature. Neighborhood parks generally provide more amenities and active facilities and therefore have greater development costs per acre. Community parks provide such amenities as lighted ball fields, restroom facilities and other active facilities beyond those provided by the neighborhood parks. As such, the cost per acre for the development of community parks is greater than that of neighborhood parks. For the purpose of this study, an average cost per acre for the construction of park facilities is $40,000 per acre. In addition to the construction costs, the costs for park land acquisition must also be considered. The cost for acquiring park land can also be quite varied depending on the location. For the purpose of this study, an average cost of $25,000 per acre for park land is used to calculate park acquisition costs. The total development cost (construction costs + acquisition costs) for park facilities is assumed as follows: Construction Cost / Acre + Acquisition Cost / Acre = $40,000 / Acre + $25,000 / Acre A. Facility Costs To Meet Existing Demand Total Cost / Acre $65,000 / Acre As expressed previously, there is a deficiency in park acreage. Therefore, there are additional costs necessary to meet the existing demand for park facilities. Based on the assumptions provided for acquisition and construction of park facilities, the cost to correct the existing deficiency is $1,538,823.89. This cost assumes both the construction of 30.98 acres at a cost of $40,000 per acre and the acquisition of 11.98 acres at a cost of $25,000 per acre. Construction Cost / Acre x $40,000 / Acre x Acquisition Cost / Acre x $25,000 / Acre x Construction Deficiency Acreage = 30.98 Acres = Acquisition Deficiency Acreage = 11.98 Acres = Construction Deficiency Cost + $1,239,276.24 + Construction Deficiency Cost $1,239,276.24 Acquisition Deficiency Cost $299,547.65 Acquisition Deficiency Cost = Total Deficiency Cost $299,547.65 = $1,538,823.89 Development Impact Fee Study / Capital Improvements Plan 16 May 11, 1999 There is currently $315,000 appropriated for the construction of park facilities at the future Ada County Sports Complex to be built on approximately 85 acres just north of Floating Feather Road in the eastern outskirts of the area of impact. With the allocation of these funds, the city is making the required commitment to correct the existing deficiency. B. Facility Costs To Meet Build Out Demand In order to meet the build out demand for park facilities, an additional 121.52 acres of park facilities will need to be constructed. As specified previously, there is a deficiency that must be corrected. The correction of this deficiency will be subtracted from the future park facilities needed to meet build out demand Since the deficiency is 30.98 acres, the remaining acres to be financed by the impact fee will be 90.54 acres. Future Demand - Deficiency = Future Demand Financed by Impact Fees 121.52 Acres - 30.98 Acres = 90.54 Acres The cost for construction of future park facilities varies depending on the type of park needed. Based on the construction costs provided previously, the cost to construct 90.54 acres of park land is assumed to be $3,621,694.56. There will also be a future need to acquire an additional 90.54 acres. At the rate of $25,000 per acre, the cost for acquisition will be $2,263,559.10. With the assumptions provided above, the following calculations are used to determine the total cost for the development of future park facilities needed to meet build out demand. Future Park Construction Demand x 90.54 acres x Future Park Acquisition Demand x 90.54 acres x Future Construction Cost $3,621,694.56 Construction Cost / Acre = $40,000 / acre = Acquisition Cost / Acre = $25,000 / acre = + Future Acquisition Cost + $2,263,559.10 Future Construction Cost $3,621,694.56 Future Acquisition Cost $2,263,559.10 = Future Park Cost = $5,885,253.66 Based on the above assumptions and calculations, $5,885,253.66 is the amount needed to pay for future park facilities in order to meet build out demand Additionally, the Development Impact Fee Act (Section 67-8208.(1)) contains a provision which allows for the impact fee to pay for the preparation of the supporting documents implementing the collection of impact fees. The total cost for the preparation of the development impact fee supporting documents is $18,500. One-half of this cost is included in the park impact fee and the remaining one-half is included in the pathway impact fee. Therefore, the impact fee will be based on a total amount of $5,894,503.66. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 17 C. Fee Calculation The impact fee calculation is a simple process. The fee will be paid only by future residential development. Therefore, by dividing the cost for future park facilities of $5,894,503.66 by 10,802 future dwelling units, the park facilities impact fee is $545.69 per dwelling unit. The fee calculation methodology for park facilities is shown on Table 2 on page 19. D. Optional Financing Mechanisms The following is a list of optional financing mechanisms that can be used to finance park facilities. Each of these mechanisms is described in more detail in the Financing Options chapter, beginning on page 36. ► General Taxes ► State -Shared Revenues ► Local Bonds ► Impact Fees ► Special District ► Federal Payment In -Lieu of Taxes Funds ► Community Development Block Grants Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 18 1 May 11, 1999 Table 2 Park Facilities Fee Calculation Future Facility Cost (1) = $5,894,503.66 Future Facility Cost - Other Funding Sources Future Development's Total Cost $5,894,503.66 $0.00 $5,894,503.66 Future Development's / Projected = Fee / DU Total Cost Dwelling Units $5,894,503.66 / 10,80 = $545.69 Cost per Dwelling Unit = $545.69 N NOTES: (1) Future Facility Costs are based on the need to acquire and construct a total of 90.54 acres of park acreage to meet future resident demand. Acquisition and construction cost is assumed to be $65,000 per acre. PATHWAY FACILITIES I. INTRODUCTION The pathway facilities analysis also includes a review of the existing, proposed and future pathway facilities within the Area of Impact for the City of Eagle. The pathway facilities analysis is based on the need to provide adequate pathways for local residents. In addition to the recreational opportunities created, the pathways will also provide alternative routes for traveling from one place to another. II. LEVEL OF SERVICE STANDARD The level of service standard used to ensure that adequate pathways are provided in the City of Eagle is 4,670 linear feet per 1,000 population. This level of service is based on the lengths of the pathways shown in the existing City of Eagle Comprehensive Plan. This level of service along with the assumptions provided in this chapter will ultimately achieve construction of all trails identified in the existing Comprehensive Plan. III. PATHWAY FACILITIES ANALYSIS A. Existing Facilities Analysis The existing path analysis contains two sections; the existing pathways inventory and the existing level of adequacy. 1. Existing Inventory The existing usable pathway is provided as the total length of all existing public pathways within the area of impact. Presently, there is a total of 25,9502 linear feet of pathways. These pathways are a combination of both gravel trails and asphalt paths. 2. Existing Level of Adequacy With a current population of 10,625 people, there is a current demand for pathways of 49,615.96 linear feet. The demand is calculated as follows: Existing Population x Level of Service = Existing Pathway Demand 10,625 Population x 4,670 LF / 1,000 Pop. = 49,615.96 Linear Feet Based on the existing demand for 49,615.96 linear feet of pathway facilities and the existing inventory of 25,950 linear feet, there is a deficiency of 23,665.96 linear feet of pathways. Therefore, there is a 2 Existing pathway access easement information provided by Mark Butler, City of Eagle Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 20 current need for the development of additional pathways in order to meet the current den}and. The deficiency of pathways is calculated as follows: Existing Pathways - Current Demand = Pathway Length Deficiency 25,950 Linear Feet - 49,615.96 Linear Feet = <23,665.96 Linear Feet> Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 21 City of Eagle Pathway Plan Adopted October 14,1997 Scale 1:31680 1 inch to 0.5 miles miles a 0.5 Bike cute Jf Bike La t e Multiple -Use P th ManItiplo-Use Trail ADA Myt; pssoCIATION 4» :s 41.4 /RNA, Mtt. 0040.1.17J 77ds mop is made from data copyrighted by Ada ( Ado Courcy shall not be !lab: e for inaccuracies 01 misuse ofthis mop. Mops hearing this disclaimer be photocopied freely. However, use in any digita regtdres the written permission ofAda County. Path Name City of Eagle Proposed Path Location Altemate Route South Pathway Altemate Route South Underpass Beacon Light Equestrian Trail Chevron Pipeline South Trail Dry Creek Trail Eagle High School Trail Eagle Island North Pathway (3) Eagle Island South Pathway (3) Farmers Union Pathway North Channel Pathway (3) South Channel Pathway (3) Totals Along the southside of the Altemate Route Under segment of Altemate Route between Eagle Rd Along Beacon Light Road Diagonal trail from west side of Eagle Rd to west side Along Dry Creek Canal East of Eagle High School Along the South side of Boise River's North Channel Along the North side of Boise River's South Channel Along Farmers Union Canal Along the North side of Boise River's North channel Along the South Side of Boise River's South Channel Sources: Auto CAD LT files provided by The Land Group Pathway Information Provided by Mark Butler, City of Eagle Table 3 Pathways Inventory (With Developer Contributions) and State St of North Channel Future Developer Material Right -of -Way Width Pathway Pathway Asphalt Gravel (feet) (feet) Distance Contribution (linear feet) (linear feet) Assumptions: (1) $25,000 / acre for acqisition cost = $0.57 per square foot (2) $1.20 / sq.ft. for construction of asphalt path + 15% for Engineering/Design $0.60 / sq.ft. for construction of gravel path + 15% for Engineering/Design (3) It is assumed that the impact fee will pay for 20% of the cost to develop these trails. The remaining 80% will be paid for by other sources. May 11, 1999 Keviseo Pathway Distance (linear feet) 10 8 6,692.60 1 0.00 1 6,692.60 1 10 10 10 10 25 25 10 25 25 8 8 8 8 12 12 8 12 12 60,608.30 5,948.80 19,166.00 2,510.50 33,265.90 35,175.30 9,253.40 35,982.30 33,844.40 (2,158.00) (5,948.80) (11,269.40) 0.00 (16,964.40) (11,158.70) (167.20) (26,614.20) (16,374.70) 58,450.30 0.00 7,896.60 2,510.50 16,301.50 24,016.60 9,086.20 9,368.10 17,469.70 242,447.50 (90,655.40) 151,792.10 Acquisition Construction Cost per Cost per Sq.Ft. (1) Sq.Ft. (2)_ $0.57 1 $1.38 $0.57 $0.69 $0.57 $0.69 $0.57 $0.69 $0.57 $0.69 $0.00 $1.38 $0.00 $1.38 $0.57 $1.38 $0.00 $1.38 $0.00 $1.38 Construction Cost $112,034.12 $600,000.00 $655,812.37 $0.00 $88,599.85 $28,167.81 $269,952.84 $397,714.90 $132,230.99 $155,135.74 $289,298.23 $2,728,946.84 B. Build Out Requirements Based on the current City of Eagle Comprehensive Plan, the total length for all existing and proposed future pathways is 268,397.50. This is the total length of all pathways at build out. Since there are currently 25,950 linear feet of pathways and the city is currently planning for 268,397.50 linear feet of pathways at build out, there is a future demand for an additional 242,447.5 linear feet of pathways to meet the build out condition. Build Out Length - Existing Length = Future Demand 268,397.50 LF - 25,950.00 LF = 242,447.50 LF Of this future demand, certain portions of the future pathways will be constructed by the developers of property located adjacent to identified pathway segments. The pathway segments to be constructed by the developer will be a requirement attached to the approval of a development project. The total developer contribution is assumed to be 90,655.4 linear feet and the pathway segments and lengths of contribution are identified on Table 3 on page 23. After subtracting the deficiency of 23,665.96 linear feet for pathways that will be funded by other sources and the developer contribution, the remaining pathways to be financed by the impact fee totals 128,126.14 linear feet. IV. PATHWAY FACILITIES FINANCING Similar to park facilities, pathway facilities will be provided to the residents of the City of Eagle as the need arises and when funding is available. The city currently has a deficiency of 23,665.96 linear feet of pathway facilities. The city is committed to correcting this deficiency as soon as additional funding becomes available. Funding for future pathways must be obtained now in order to provide adequate pathway facilities for the future residents. One source of funding for future pathway facilities will be through the collection of impact fees. The following is the methodology used to determine the pathway impact fee. The cost to develop future pathways depends on the type of pathway constructed. There are three types of future pathways proposed for the City of Eagle; 1) 8 feet of paved asphalt with 10 feet of right-of-way, 2) 8 feet of gravel trail with 10 feet of right- of-way and, 3) 12 feet of paved asphalt with 25 feet of right-of-way. For the purpose of this study, a cost per square foot for the construction of pathway facilities is assumed to be $1.38 for asphalt paved pathway and $0.69 for a gravel trail. In addition to the construction costs, the costs for land acquisition must also be considered. The cost for acquiring land for pathways is assumed to be similar to that for park facilities at an average cost of $25,000 per acre or $0.57 per square foot. The Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 24 total development cost (construction costs + acquisition costs) for the 8 -foot pathway facilities is assumed as follows: ► 8 -foot asphalt path within 10 -foot right-of-way = $16.74 per Linear Foot ► 8 -foot gravel trail within 10 -foot right-of-way = $11.22 per Linear Foot The pathways along the Boise River are proposed to be larger regional type pathways. Due to the location of the pathways adjacent to the river, there are no acquisition costs. This land is already publicly owned. Since the pathway is proposed to be asphalt paved at 12 feet in width, the total cost for pathway development is assumed to be $1.38 per square foot or $16.56 per linear foot. A. Facility Costs To Meet Existing Demand As demonstrated previously, there is a current deficiency in pathway facilities. To correct this deficiency, the city will construct 23,665.96 linear feet of gravel trails. The cost to correct this deficiency is assumed to be $265,532.10. This amount will not be financed by the impact fee. Other funding sources must be used to correct this deficiency. B. Facility Costs To Meet Build Out Demand In order to meet the build out demand for pathway facilities, an additional 242,447.50 linear feet of pathways must be constructed. As indicated previously, 23,665.96 linear feet of gravel trails will be provided by the city to correct the existing deficiency and 90,655.40 linear feet of pathways will be provided by the developers for pathways shown on the Pathway Plan that cross property that will be developed in the future. Based on the following calculations, the cost to construct the remaining pathways is assumed to be $2,463,414.74. Future Pathway Distance - Developer Pathway Contribution = Revised Future Distance 242,447.5 LF 90,655.40 LF = 151,792.10 LF Revised Future Distance 151,792.10 LF Pathway Deficiency Distance 23,665.96 LF • Future Pathway Development Cost _ $2,728,946.84 • Pathway Deficiency Cost $265,532.10 Future Pathway Development Cost - Pathway Deficiency Cost = Pathways Cost After Deficiency $2,728,946.84 $265,532.10 = $2,463,414.74 The cost for pathways after the developer contribution and after the deficiency correction is considered must be further adjusted. This additional adjustment accounts for the cost to prepare the development impact fee study and capital improvements plan and to include the consideration of other funding sources. The total cost for the preparation of the development impact fee study and supporting documents is $18,500. One-half of this cost ($9,250) is included in Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 25 the pathway impact fee and the remaining one-half is included in the park impact fee. This amount is added to the $2,463,414.74. Any other funding sources anticipated must be subtracted from this amount. At this time it is assumed that 80% of the cost to construct the four pathways adjacent to the Boise River will be financed by other funding sources. This amount is assumed to be $880,683.87. Based on the above explanation, the following calculations are used to determine the total cost for the future pathway facilities to be financed by the impact fee: Pathways Cost After Deficiency + Portion of Cost for Fee Study = Future Facility Cost $2,463,414.74$9,250 = $2,472,664.74 Future Facility Cost Other Funding Sources = Cost Financed By Impact Fee $2,472,664.74 $880,683.87 = $1,592,001.62 Based on the above assumptions and calculations, $1,592,001.62 is the amount to be financed by development impact fees. C. Fee Calculation The impact fee calculation is a simple process. The fee will be paid only by future residential development. Therefore, by dividing the cost of $1,592,001.62 by 10,802 future dwelling units, the pathway facilities impact fee is $147.38 per dwelling unit. The fee calculation methodology for pathway facilities is shown on Table 4 on page 27. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 26 Table 4 Pathway Fee Calculation Future Facility Cost = $2,472,664.74 Future Facility Cost - Other Funding Sources (1 Future Development's Total Cost $2,472,664.74 $880,663.12 $1,592,001.62 Future Development's / Projected = Fee / DU Total Cost Dwelling Units $1,592,001.62 / 10,802 = $147.38 Cost per Dwelling Unit NOTES: = $147.38 1 (1) It is assumed that other funding sources will be used to pay for 80% of the cost of the four paths along the Boise River. May 11, 1999 D. Optional Financing Mechanisms The following is a list of optional financing mechanisms that can be used to finance pathway facilities. Each of these mechanisms is described in more detail in the Financing Options chapter, beginning on page 36. ► General Taxes ► State -Shared Revenues ► Local Bonds ► Impact Fees ► Special District ► Federal Payment In -Lieu of Taxes Funds ► Community Development Block Grants Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 28 CAPITAL IMPROVEMENTS PHASING I. INTRODUCTION Projecting phasing of necessary capital improvements can be a difficult task in the State of Idaho On the one hand, it is in the city's best interest to pay for facilities as they are needed to maintain an adequate level of service standard. On the other hand, the Idaho Development Impact Fee Act requires that monies collected through impact fees must be spent within specified time frames or else they must be refunded. The "refund" requirement sets significant constraints on a city in determining the timing of new capital facilities. The time constraints placed on the facilities being addressed by the City of Eagle is five years with the ability to extend to a total of eight years given special circumstances. What this means is that any dollar collected by impact fees must be spent within a maximum eight year period from the date it was collected. This makes the phasing of capital improvements more dependent on when the money needs to be spent than on when the improvement is actually needed. Until the State legislature changes this "refund" requirement to more reasonable time limits, cities will have to contend with phasing schedules that may not relate to need as much as financial expediency. This chapter proposes a phasing schedule that takes the spending time limits of the Act into account as much as possible. It is in no one's interest to collect money for needed improvements and then ending up refunding it back eight years later. Keep in mind, that this phasing schedule should be reviewed and modified on an annual basis to accommodate changes in growth rate and demand It is not intended to be a cast -in - concrete schedule for all time. It will need to be reviewed constantly to be a useful tool and to ensure that all monies collected will be spent on needed capital facilities. Facility phasing is divided into three time periods: 1 year - Facilities scheduled to be funded within the first year of adoption of this study; 5 year - Facilities that are scheduled to be funded within five years of the adoption of this study; and 6+ years - Facilities that will be scheduled to be funded sometime beyond six years. The residential phasing is shown on Tables 8 and 9. It is important to note that these phasing projections are for planning purposes only and are not intended to be used for anything other than educated guesses on future growth. The intent of these projections is to give the City Council an idea as to when facilities may be needed and when collected monies may need to be spent. It is simply a planning tool to give the city notice to do detailed capital improvement planning Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 29 II. RESIDENTIAL PHASING PROJECTIONS Growth projections are difficult to predict. There are many variables associated with future growth that an exact yearly amount of growth can only be estimated. This estimate can be helpful for the purposes of providing future public facilities. The growth that has occurred in the City of Eagle since 1993 to present averages at about 257 new home building permits issued per year. The future growth projections provided by APA indicate a total increase of 543 new dwelling units between the year 2000 and 2005. This equates to about 108 new home building permits issued per year. The residential phasing projections in this study assume that there will be approximately 182 new home building permits issued per year. This amount was determined by adding the past trend average of 257 units per year to the APA projected 108 units per year and dividing by two. We believe this to be a practical estimate to give the City Council an idea as to when facilities may need to come on line. If the growth rate changes, as it inevitably will, the projections' table will also change. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 30 'SIAIUS TABLE 5 RESIDENTIAL PHASING PROJECTIONS * * * FOR FACILITY PLANNING PURPOSES ONLY * * * YbAKS PHASI_U I 01 AL I O I AL DWELLING DWELLING STUDY AREA (1) UNITS UNITS POPULATION Notes Existing1999 4,183 4,183 10,625 Projecte1999 182 4,365 11,087 2000 182 4,547 11,549 2001 182 4,729 12,012 2002 182 4,911 12,474 2003 182 5,093 12,936 2004 182 5,275 13,399 2005 182 5,457 13,861 2006 182 5,639 14,323 2007 182 5,821 14,785 2008 182 6,003 15,248 2009 182 6,185 15,710 2010 182 6,367 16,172 2011 182 6,549 16,635 2012 182 6,731 17,097 2013 182 6,913 17,559 2014 182 7,095 18,021 2015 182 7,277 18,484 2016 182 7,459 18,946 2017 182 7,641 19,408 2018 182 7,823 19,870 2019 182 8,005 20,333 2020 182 8,187 20,795 TOTAL 8,187 8,187 20,795 (1) The residential phasing is for projections over a 20 year period. Projections beyond this time assume the same annual population increase until build out of the city. May 11, 1999 III. PARK FACILITIES PHASING The Park Facilities Phasing table provided on page 33 identifies when park facilities will need to be provided. The table shows that there is an existing deficiency of 30.98 acres. This deficiency will be reduced 7.88 acres by the appropriation of $315,000 for park facilities. A deficiency will continue to appear until the city can obtain other funds to correct the deficiency. After the appropriation of the $315,000 and assuming $65,000 per acre for the acquisition and construction of park facilities, a remaining $1,223,323.89 will be needed to correct the existing facilities deficiency. It has been determined that to correct the existing park facilities deficiency, the city will appropriate 61,166.19 per year for 20 years to be spent on acquiring and constructing new parks. The Park Facilities Phasing table indicates that every five years new park facilities will be developed at a cost of $305,830.97. Funding for these park facilities will come from sources other than impact fees such as grants, donations, property taxes and/or the general fund. The park acreage for the years 2003 and 2008 are different due to park land that has already been acquired. The years 2013 and 2018 assume that all acquired land has been used. Park facilities funded by the collection of impact fees will be provided every five years. It is assumed that $455,000 from previously collected impact fees will be appropriated for the development of 7.0 acres in the year 2003. It is assumed that by the year 2008 $520,000 will be appropriated for the development of 8.0 acres of park facilities. Additional park facilities will be provided as shown on Table 6. The location for these future park facilities is currently unknown. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 32 STATUS Notes: EXISTING PROPOSED (1) (2) (3) (4) (5) (6) YEAR PHASED DWELLING UNITS 4,183 182 182 182 182 182 182 182 182 182 182 182 182 182 182 182 182 182 182 182 182 182 182 8,187 1999 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 TOTAL TOTAL PROJECTED DU'S 4,183 4,365 4,547 4,729 4,911 5,093 5,275 5,457 5,639 5,821 6,003 6,185 6,367 6,549 6,731 6,913 7,095 7,277 7,459 7,641 7,823 8,005 8,187 8,187 YEARLY POPULATION INCREASE 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 TABLE 6 PHASING OF PARK FACILITIES PROJECTED TOTAL POPULATION 10,625 11,087 11,549 12,012 12,474 12,936 13,399 13,861 14,323 14,785 15,248 15,710 16,172 16,635 17,097 17,559 18,021 18,484 18,946 19,408 19,870 20,333 20,795 20,795 PARKS PARKS ADEQUACY/ DEMAND SUPPLY (INADEQUACY) (ACRES) (ACRES) (ACRES) 35.06 4.08 (30.98) 36.59 11.96 38.11 11.96 39.64 11.96 41.16 11.96 42.69 26.60 44.22 26.60 45.74 26.60 47.27 26.60 48.79 26.60 50.32 40.97 51.84 40.97 53.37 40.97 54.89 40.97 56.42 40.97 57.94 52.68 59.47 52.68 61.00 52.68 62.52 52.68 64.05 52.68 65.57 65.38 67.10 65.38 68.62 65.38 68.62 65.38 (24.63) (26.16) (27.68) (29.21) (16.09) (17.61) (19.14) (20.67) (22.19) (9.34) (10.87) (12.39) (13.92) (15.45) (5.27) (6.79) (8.32) (9.84) (11.37) (0.19) (1.71) (3.24) (3.24) IMPACT FEE REVENUE PER YEAR $0.00 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 $99,314.91 CUMULATIVE PROJECTED IMPACT FEE REVENUE $0.00 $99,314.91 $198,629.82 $297,944.73 $397,259.64 $41,574.55 (2) $140,889.46 $240,204.38 $339,519.29 $438,834.20 $18,149.11 $117,464.02 $216,778.93 $316,093.84 $415,408.75 $59,723.66 (4) $159,038.57 $258,353.48 $357,668.39 $456,983.30 $36,298.22 $135,613.13 $234,928.04 $234,928.04 (1) (3) NV7 tS: (1) $315,000 has been appropriated for park facilities. This equates to approximately 7.88 acres and reduces deficiencies caused by existing population. (2) $400,000 to be appropriated from Park Facilities Impact Fee Fund to develop 7 acres of park facilities. Location is currently unknown. $305,830.97 to be appropriated from the special park facilities deficiency fund to construct 7.65 acres. (3) $556,875 to be appropriated from Park Facilities Impact Fee Fund to develop 8 acres of park facilities. 7.875 acres to be acquired. Location is currently unknown. $305,830.97 to be appropriated from the special park facilities deficiency fund to acquire 2.04 acres and to construct 6.37 acres. (4) $520,000 to be appropriated from Park Facilities Impact Fee Fund to acquire and develop 7 acres of park facilities. Location is currently unknown. $305,830.97 to be appropriated from the special park facilities deficiency fund to acquire and construct 4.71 acres. (5) $455,000 to be appropriated from Park Facilities Impact Fee Fund to acquire and develop 8 acres of park facilities. Location is currently unknown. $305,830.97 to be appropriated from the special park facilities deficiency fund to acquire and construct 4.71 acres. May 11, 1999 (5) PROJECTED IMPROVEMENTS RYear 1 improvements 1 Year 1 I nrougn Year 5 Improvements Year b ana l3eyona Improvements IV. PATHWAY FACILITIES PHASING The Pathway Facilities Phasing table provided on page 35 identifies when pathway facilities will need to be provided. The table shows that there is a current deficiency of pathway facilities available. In order to correct this deficiency, the City of Eagle must construct 23,665.96 linear feet of pathways. The construction time for these pathways is not known at this time, however, it is assumed that the funding will be appropriated by the year 2003. The location of any pathway improvements will be based on the future logical pathway connections needed at that time. Funding for additional pathways will occur in the years 2003, 2008, 2013 and 2018. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 34 C May 11, 1999 STATUS EXISTING PROPOSED NO7 bb: YEAR PHASED DWELLING Notes: UNITS 1999 4,183 1999 182 2000 182 2001 182 2002 182 (1) (2) 2003 182 2004 182 2005 182 2006 182 2007 182 (3) 2008 182 2009 182 2010 182 2011 182 2012 182 (4) 2013 182 2014 182 2015 182 2016 182 2017 182 (5) 2018 182 2019 182 2020 182 TOTAL 8,187 TOTAL PROJECTED DU'S 4,183 4,365 4,547 4,729 4,911 5,093 5,275 5,457 5,639 5,821 6,003 6,185 6,367 6,549 6,731 6,913 7,095 7,277 7,459 7,641 7,823 8,005 8,187 8,187 YEARLY POPULATION INCREASE 10,625 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 462 TABLE 7 PHASING OF PATHWAY FACILITIES HUCt4UHt.1 ANAL 1 a�5 PROJECTED TOTAL POPULATION 10,625 11,087 11,549 12,012 12,474 12,936 13,399 13,861 14,323 14,785 15,248 15,710 16,172 16,635 17,097 17,559 18,021 18,484 18,946 19,408 19,870 20,333 20,795 20,795 PATHWAY DEMAND (LF) 49,615.87 51,774.73 53,933.58 56,092.44 58,250.83 60,409.68 62,568.54 64,727.40 66,886.25 69,044.64 71,203.50 73,362.35 75,521.21 77,680.07 79,838.46 81,997.31 84,156.17 86,315.03 88,473.88 90,632.27 92,791.13 94,949.98 97,108.84 97,108.84 PATHWAY SUPPLY (LF) 25,950.00 25,950.00 25,950.00 25,950.00 25,950.00 61,215.96 61,215.96 61,215.96 61,215.96 61,215.96 72,815.96 72,815.96 72,815.96 72,815.96 72,815.96 84,415.96 84,415.96 84,415.96 84,415.96 84,415.96 96,015.96 96,015.96 96,015.96 96,015.96 ADEQUACY/ (INADEQUACY) (ACRES) (23,665.87) (25,824.73) (27,983.58) (30,142.44) (32,300.83) 806.28 (1,352.58) (3,511.44) (5,670.29) (7,828.68) 1,612.46 (546.39) (2,705.25) (4,864.11) (7,022.50) 2,418.65 259.79 (1,899.07) (4,057.92) (6,216.31) 3,224.83 1,065.98 (1,092.88) (1,092.88) IMPACT FEE REVENUE PER YEAR $0.00 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 $26,823.21 (1) $245,336.10 be appropriated from other funding sources to develop 23,665.96 linear feet of gravel trail. Location is currently unknown. (2) $130,152.00 be appropriated from Path Facilities Impact Fee Fund to develop approximately 11,600 linear feet of gravel trail. Location is currently unknown. (3) $130,152.00 be appropriated from Path Facilities Impact Fee Fund to develop approximately 11,600 linear feet of gravel trail. Location is currently unknown. (4) $130,152.00 be appropriated from Path Facilities Impact Fee Fund to develop approximately 11,600 linear feet of gravel trail. Location is currently unknown. (5) $130,152.00 be appropriated from Path Facilities Impact Fee Fund to develop approximately 11,600 linear feet of gravel trail. Location is currently unknown. i.unnuLHTIVE PROJECTED IMPACT FEE REVENUE $0.00 $26,823.21 $53,646.42 $80,469.62 $107,292.83 $3,964.04 $30,787.25 $57,610.46 $84,433.67 $111,256.87 $7,928.08 $34,751.29 $61,574.50 $88,397.71 $115,220.92 $11,892.12 $38,715.33 $65,538.54 $92,361.75 $119,184.96 $15,856.16 $42,679.37 $69,502.58 $69,502.58 PROJECTED IMPROVEMENTS ;None (1) (2) (3) 1(4) (5) iYear 1 improvements Year z i nrougn Year 5 Improvements Year b and beyond Improvements FINANCING OPTIONS I. INTRODUCTION As provided at the end of each facility section of this analysis, there are many ways the City of Eagle can finance its present and future capital facility needs. This section briefly describes some of the most widely used financing mechanisms A. General Taxes The City of Eagle can levy property taxes, sales tax and a tax -like business license fee which would form the main sources of revenue for the City. Any of these taxes can be used to construct or improve capital facilities, but as a practical matter virtually all revenues the City generates are needed for the day- to-day operations of the City government, making it necessary to find other ways to finance capital facilities. B. Dedicated Taxes Dedicated taxes are funds that are received from specified sources and disbursed to pay for a specific function of government. The transient room tax (TRT) is a good example of a dedicated tax. A TRT is imposed on lodgings within the City and is a source of revenue. However, the funds received are limited to costs for tourism promotion and the provision of facilities that help accommodate visitors to the area. C. State -shared Revenues The State of Idaho distributes a share of the proceeds from its tax on the sale of gasoline to counties and cities. This money is the principal source of funding for local road maintenance and improvements, which is the only purpose for which it can be used. The State also distributes a portion of its sales tax and liquor proceeds to cities and counties. This revenue is not dedicated to a specific purpose, but is used to supplement general tax revenues. D. Local Bond Issues Local governments can borrow money to finance capital facilities projects by issuing bonds. There are two basic types of bonds. General obligation (GO) bonds are repaid using a dedicated property tax levy. Revenue bonds, which are often used to install or improve water and sewage utilities, are repaid with user fees. Bonds can generally be issued only if approved by a vote of the jurisdiction's taxpayers. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 36 E. Impact Fees Impact fees can be a significant funding source to fmance large scale public facilities and services. Impact fees are intended to ensure that new development pay its proportional share of public facilities based on the impacts created by this new development. The following is a list of the public facilities as identified in the Idaho Development Impact Fee Act that have a life expectancy of ten or more years and allow for the collection of impact fees for the purposes of improvements to the facilities to mitigate against the impacts from future development: i. Water supply production, treatment, storage and distribution facilities; ii. Wastewater collection, treatment and disposal facilities; iii. Roads, streets and bridges, including rights-of-way, traffic signals, landscaping and any local components of state or federal highways iv. Storm water collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; v. Parks, open space and recreation areas, and related capital improvements; and vi. Public safety facilities, including law enforcement, fire, emergency medical and rescue and street lighting facilities. F. User Fees User fees are usually authorized by statute for specific uses and are typically required for connection to sewer and water systems. The fees are used as a revenue source to maintain the systems in proper operating condition and for the construction of facilities needed to meet demand. G. Special Districts Special districts can be created to help finance the provision and, in many cases, maintenance of new facilities that benefit specific areas. People within a special district must pay an additional property tax levy or user fees to help repay the bonds issued by the district and finance its ongoing operations. Idaho law allows the City of Eagle to form improvement districts and special service districts. The residents of an area may also petition to have a special district created. The procedures are slightly different for each type of district, but all involve an opportunity for property owners to protest the formation of the district. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 37 Assuming that a majority of property owners in an area are willing, special districts might be used to finance water and sewer facilities, major roadways and other public facilities that serve specific areas. H. State Grants and Assistance Programs The State of Idaho has a variety programs intended to assist local jurisdiction in fmancing public facilities and services. These programs generally must be used for specific projects and by which an application requesting the assistance must be provided to the state. The financial assistance from the state can be in the form of a proprietary option to purchase state property, funds clear of the need from repayment, matching funds and/or low interest loans. Some of the funds are also matched by the federal government, but are still managed by the state. I. Federal Assistance The federal government also provides a variety of programs available to local jurisdictions for fin. cial assistance. One of the more common funding sources is the Community Development Block Grant (CDBG) funds. Other typical sources of funds are federal matching funds for state run assistance programs. It must be noted that by the end of the 1980s, the funds available from the federal government have substantially decreased. Other available funding sources are as follows: 1. ECONOMIC DEVELOPMENT - GRANTS FOR PUBLIC WORKS AND INFRASTRUCTURE DEVELOPMENT - The objective of this grant is to promote economic development and assist in the construction of facilities needed to encourage the creation and retention of permanent jobs in areas experiencing severe economic distress. The facilities can include water and sewer systems, industrial access roads to industrial parks, rail road siding and spurs, tourism facilities, vocational schools, business incubator facilities and infrastructure improvements for industrial parks. The basic grant may fund up to 50% of the cost of the facilities. For communities that are severely depressed the grant may fund up to 80% of the cost of the facilities. 2. COMMUNITY DEVELOPMENT BLOCK GRANTS - Although not as plentiful as they once were, Community Development Block Grants (CDBG) are still available for wide variety of infrastructure improvements needed by local governments. II. SUMMARY The recommended fmancing mechanism used to fund the park and pathway facilities identified in this study were previously identified within the facility analysis for each facility. The recommended mechanism will be based on the appropriateness of the mechanism to the amount of funds and the facility needs. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 38 IMPLEMENTATION I. INTRODUCTION This section deals with the actual mechanics of collecting the impact fee. The implementation measures to be discussed include the timing of collection and the fee collection method. II. TIMING OF FEE COLLECTION For collection of the impact fee, it is proposed that all fees be collected at the time of building permit issuance. There are several reasons for collecting the impact fees at building permit issuance rather than at an earlier development approval stage or at a later occupancy stage. First, the collection of the fee at building permit issuance is timed more closely to when the actual impacts of the development to public facilities will occur. In most instances, when a building permit is acquired, construction usually occurs in a relatively short period of time. Collecting a fee earlier in the process (e.g., at the development approval stage) contains a greater risk that the development will not actually be constructed. In that event, the City is obligated to refund monies collected after a certain period of time. This can create both financial and administrative problems for the county, especially if the money has already been spent on a new facility. Second, collection of the fee at building permit issuance will be administratively easier since most other fees are collected at this time. The necessary accounting of fees to ensure that the monies are spent on facilities actually being impacted by the particular development will be much easier if the money is collected at this stage. Third, collecting the fee at a later stage of development (i.e., at time of occupancy) creates another burden on the City to collect the fee after construction is complete. Many people may not be willing to pay the fee at that point making it necessary for the City to institute enforcement procedures. This typically adds another strain on City resources and does not lend itself to good public relations. III. FEE COLLECTION METHOD The method used by the City to collect fees is critical to ensure that fees are collected in a proper manner and accounted for in order to withstand any legal challenges. It is recommended that the fees for each facility be charged separately. Although this may sound cumbersome, it is the best way to guarantee an accurate accounting of all fees collected. The basic premise of collecting impact fees is that the fees will be used for specific facilities that are being impacted by the new development. The City is required to account for every penny collected and to set up separate accounts for holding and subsequently spending these fees. Money collected for parks cannot be spent on circulation. Monies collected to pay for a circulation facility cannot be spent somewhere else in the City. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 39 Another reason to collect fees separately is that if one fee is successfully challenged in the courts, the remaining fees will remain intact. In other words, successful challenge of one fee will not invalidate the entire fee program. From the developer's point of view, it makes no difference if the fees are accounted for separately. The developer would receive a cost accounting of individual fees, but only one check for the total fee would be required. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 40 CONCLUSION The Development Impact Fee Study provides the City of Eagle with the information needed to ensure that land use and public investment decisions are based on an accurate assessment of the current availability of, and future demand for, public facilities and services. The impacts assumed by future development are based on the existing land use designations and the current census data available. Changes to the land use designations could occur in the future to reflect the desires of future residents or political decision makers. These changes may lead to different impacts to public facilities. In addition, changing demographics may also result in different impacts to public facilities. Development trends and demographic changes will continue to evolve and shape the development and growth of the study area. To compensate for these changes, the park facilities and pathway facilities analyses should be updated on a regular basis to maintain the validity of the study and to effectively plan for these facilities in the future. As previously demonstrated, the impact fee amounts provided should pay for the all future impacts to park facilities and pathway facilities. The Development Impact Fee Study and the impact fees should be updated from time to time in order to ensure that the fees continue to pay for impacts created by future development as well as maintain proportionate fairness. The update to this study and the impact fees should be conducted as determined necessary by the Eagle City Council. In conclusion, the City of Eaale - Development Impact Fee Study is a document that can be utilized in a wide variety of ways to prepare for and assist in the management of growth in the future. The information presented in this study will help the City of Eagle decision makers understand the projected extent of their community's growth and anticipate the costs of providing the park facilities and pathway facilities needed to accommodate that growth. It should be consulted often to ensure that proposed development within the study area can be accommodated by the existing and future facilities identified. This study is a working document that can be used as the basis to develop other capital improvement studies and programs to ensure all other public facilities will meet the impacts created by future development. This study is also known as Addendum A of the City of Eagle Development Impact Fee Ordinance. The approval of this study and the ordinance will allow the City of Eagle the ability to collect impact fees for the facilities identified. Development Impact Fee Study / May 11, 1999 Capital Improvements Plan 41