1-22-1: FINDINGS:

The City Council of the City of Middleton, Idaho finds that:

   A.   Based on the City of Middleton Comprehensive Plan adopted by the City pursuant to title 67, chapter 65, Idaho Code, including but not limited to the capital improvements element of the Comprehensive Plan, and the general governmental goal of protecting the health, safety, and general welfare of the citizens of the City, and its area of city impact, it is necessary that the City's public police facilities accommodate new growth and development within the City.

   B.   New residential and non-residential growth and development imposes and will impose increasing and excessive demands upon the public facilities.

   C.   The revenues generated from new residential and non-residential growth and development often do not generate sufficient funds to provide the necessary improvements to these public facilities to accommodate new growth and development.

   D.   New growth and development are expected to continue, and will place ever-increasing demands on the City to provide and expand the public facilities to serve new growth and development.

   E.   The City has planned for the improvement of the public facilities in the capital improvements plan.

   F.   The creation of an equitable impact fee system would enable the City to impose a proportionate share of the costs of needed improvements to the public facilities to accommodate new growth and development, and would assist the City in implementing the capital improvements element of the comprehensive plan.

   G.   In order to implement an equitable impact fee system for the public facilities, the City retained Galena & Associates to prepare an impact fee study for these types of facilities. The resulting document (the "impact fee study") is on file in the office of the city clerk of the City of Middleton.

   H.   The impact fee study is consistent with the City of Middleton Comprehensive Plan and the levels of service set forth in the impact fee study are hereby adopted.

   I.   The impact fee study sets forth reasonable methodologies and analyses for determining the impacts of residential and non-residential new growth and development on the public facilities and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such public facilities created by new growth and development.

   J.   The impact fee study uses a calculation methodology that is a net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are reasonably anticipated to be available to pay for system improvements including user fees, debt service payments, taxes, assessments, intergovernmental transfers, and all other available sources of funding such system, and included consideration of the following factors:

      1.   The cost of existing system improvements within the service area or areas;

      2.   The means by which existing system improvements have been financed;

      3.   The extent to which the new development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions.

      4.   The extent to which the new development is required to contribute to the cost of existing system improvements in the future.

      5.   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;

      6.   Extraordinary costs, if any, incurred in serving the new development;

      7.   The time and price differential inherent in a fair comparison of fees paid at different times; and

      8.   The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation.

   K.   The impact fees are based on the impact fee study, and do not exceed the costs of system improvements for the public facilities to serve new development that will pay the impact fees.

   L.   The city police facilities included in the calculation of impact fees in the impact fee study will benefit all new growth and development throughout the City, and it is therefore appropriate to treat all areas of the City as a single service area for purposes of calculating, collecting and spending the impact fees collected.

   M.   There is both a rational nexus and a rough proportionality between the development impacts created by each type of development covered by this chapter and the impact fees that such development will be required to pay.

   N.   This chapter creates a system by which impact fees paid by new growth and development will be used to finance, defray or to provide capital improvements for the public facilities in ways that benefit the development for which impact fees were paid.

   O.   This chapter creates a system under which impact fees shall not be used to correct existing deficiencies in public facilities, or to replace or rehabilitate existing public facilities, or to pay for routine operation or maintenance of those public facilities.

   P.   This chapter creates a system under which there shall be no double payment of impact fees, in accordance with Idaho Code section 67-8204(19).

   Q.   This chapter is consistent with all applicable provisions of title 67, chapter 82, Idaho Code, concerning impact fee ordinances.

   R.   This chapter shall not be deemed invalid because payment of an impact fee may result in an incidental benefit to others within the service area other than the fee payer. (Ord. 643, 11-10-2020)