Ordinance Text

TITLE 3 - GENERAL SERVICES

Sections:

There is a board of appraisers, as the same is referenced in sections 8-1-3 and 8-2-4 of this Code, consisting of six citizens residing within city limits, appointed by the mayor and confirmed by the city council. For the three new citizen members appointed in 2023, one will be appointed to a two-year term, one a three-year term and one a four-year term. Thereafter, all citizens will serve on a rotational basis with staggered four-year terms. The board shall recommend all rates, charges or fees made and established under authority of this chapter. The board shall also conduct hearings and hear appeals from services, regulations, and fees charged under this chapter. The board of appraisers' decisions must be presented to council for approval.

(Ord. 4408, 11-19-2018; Ord. No. 4732, § 1, 5-1-2023)

All charges or fees, as provided by this title, not paid within 30 days of the date when due shall become delinquent, and shall be imposed as a lien against and upon such premises. The clerk shall at the time of certifying the city taxes, certify such delinquencies together with all penalties to the tax collector of Canyon County.

(Ord. 2087)

State Law reference— See IC § 50-1008.

A violation of any provision of this title, other than nonpayment of fees and charges, and unless specifically otherwise designated in the provision, shall be a misdemeanor as prescribed in section 1-1-7 of this Code.

(Ord. 3242, 7-21-2003)

It is unlawful for any person to hinder or in any way interfere with access by city employees to city water, utility, and irrigation services and meters while the city employee is lawfully engaged in the performance of his or her duties. A violation of this section shall be an infraction punishable by a fine of $75.00.

(Ord. 3242, 7-21-2003)

Sections:

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Bills: Includes billing for domestic water, sewer and refuse hauling services and may be referred to as "water or utility bills."

Domestic water: Potable water used for any purpose.

Nampa Shares and Cares Program: A program administered by the City of Nampa to provide payment assistance for low income utility customers meeting established criteria.

Unclaimed funds: Any funds remaining in a closed utility account more than one year after the last date of service whose owner cannot be located.

User: A resident who uses the city domestic water, sewer and refuse hauling services.

(Ord. 4014, 4-16-2012)

Title 8, chapters 1 and 2 of this Code address basis for charges, special funds, specific procedures, testing of water meters, waste of water meters, waste of water, unauthorized use, and other provisions, and should be referenced in conjunction with this chapter.

(Ord. 2087)

An applicant for new service who will be responsible for the utility bills at a particular location and/or address shall complete and file with the utility billing office an information form as prescribed by the city. Failure to file the completed form shall be cause for denial of water service. A deposit may be required as delineated within this chapter.

(Ord. 3934, 11-15-2010)

The city reserves the right to require a deposit for any of the following reasons:

The applicant has outstanding a prior service account with the city which accrued within the past four years and at the time of application for service remains unpaid, and not in dispute.

Within the past four years the applicant's service from any utility, including the city, has been terminated for one of the following reasons: nonpayment of an account not in dispute; or misrepresentation; failure to reimburse the company for damages due to negligent or intentional acts of the customer.

The customer fails to pay his account on or before the date such payment is delinquent.

Nonresidential first time customer.

The deposit shall be $150.00 for residential customers and $300.00 for commercial or other nonresidential customers. The deposit may be collected in one or two installments, to be determined by the city. This deposit will be held for 12 months, at which time a review of the account will be made. If the account is determined to be in good standing, the deposit will be applied to the customer's active account. If a deposit is held for a customer that no longer requires utility services from the city, said deposit will be applied to that customer's final bill. Should any balance remain thereafter, it will be refunded to the customer within 30 days.

(Ord. 2087; Amd. Ord. 2269; Ord. 4160, 1-20-2015)

The city has the authority to charge fees for accounts that require additional services such as new accounts, delinquent accounts, leak checks, special readings, turnoffs, and turn ons. Service charges shall be established by the board of appraisers.

(Ord. 2087)

Water, sewer, and trash hauling fees are charged against the premises for which the service is permitted.

(Ord. 2087)

The city shall not initially deny or discontinue service to any user because of any delinquent utility bill on the premises that is attributable to the prior use of services by another user. Provided further that the city shall not initially deny service to any user for whatever reason without informing the user of the right to a hearing prescribed in this chapter.

In the case of an initial denial of service, the city is not required to provide service pending a hearing. However, a hearing upon request of a user initially denied service shall be held as expeditiously as possible and held in accordance with procedures for pretermination hearings prescribed in this chapter.

(Ord. 2087)

Utility bills must be paid by the due date shown on the billing statement, and any charges or fees not paid by the due date shall be considered delinquent. In the event a utility bill becomes delinquent, service may be terminated. Service shall be terminated on the shutoff date indicated on the billing statement unless a pretermination hearing is requested by the user prior to the due date. The hearing shall be held with due process protection. If a pretermination hearing is requested the city will not discontinue service to the user prior to the hearing. Should the user not request a pretermination hearing, or if an adverse decision is rendered against the user as a result of the pretermination hearing, the city may require the user to pay the delinquent utility charges, plus a service charge, and a deposit as a condition of receiving service again.

The board of appraisers shall have the responsibility of holding pretermination hearings. The board shall render its decision in writing, giving the reasons for its determination and the right to appeal the decision pursuant to the Idaho state administrative procedure act.

(Ord. 3935, 11-15-2010)

The city has the right to shut off water for nonpayment of utility bills after following procedures prescribed in this chapter. The city shall not be responsible for any damage such as bursting of boilers supplied by direct pressure, the breaking of any pipe, water heater, or fixtures, or any other damage resulting from shutting the water off.

(Ord. 2087)

All billings for sewer charges levied under this chapter shall be combined with billings for water and trash hauling services and shall be billed and become delinquent at the same time and in the same manner.

(Ord. 2087)

Estimated water and sewer charges may be issued when weather or other circumstances do not permit reading of meters. Estimated bills will be calculated by using the three previous billing periods. If estimated charges are higher than actual consumption, a credit will be issued to the account based on the first meter reading thereafter.

(Ord. 2087)

Any bill for water supplied or service rendered will be considered a proper charge unless protest is made to the utility billing office within 16 days after presentation of the bill. Adjustment will only be allowed when evidence clearly shows that the excessive charge is due to underground leaking pipes or fixtures, and not wasteful use and then only when repairs have been promptly made and reported to the utility billing office. No allowances will be made covering more than two billing periods including the billing period in which the protest was made. Adjustments will be made on previously established averages, or on an average established after the leak is repaired, and in addition the user will be charged a pumping fee for excess water usage. The utility billing office shall determine the excess consumption due to leakage.

(Ord. 2087)

It is unlawful for any person after the water has been turned off from his premises by the city for any reason to turn on or to use or allow the water to be used except by authority of the city.

(Ord. 2087)

Any "unclaimed funds" as defined in section 3-2-1 of this chapter will be deemed abandoned and may be utilized in the Nampa Shares and Cares Program to provide assistance to low income utility customers.

(Ord. 4014, 4-16-2012)

Sections:

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Collector: A person engaged in the business of solid waste collection, transportation and disposal when specifically authorized by the mayor and council as provided herein to perform such services in and for the city or any person employed by the city for the same purposes.

Garbage: All putrescible wastes resulting from the storage, handling, processing, distribution, preparation, cooking and serving of food and wastes from the storage, handling, processing, distribution and sale of produce, animal products or animal by products or poultry or fish.

Refuse: All garbage, rubbish and small animal carcasses (i.e., cats and like small animals) or parts thereof.

Rubbish: Rubbish includes, but is not limited to, paper and paper products, plastic, fabrics, leather, ceramics, glass, wood, vegetation (i.e., trees, leaves, grass clippings, and like materials), rubber and rubber like materials including vehicle tires, ashes, metallic and nonmetallic articles and materials.

Solid waste: All useless, unwanted or discarded putrescible and nonputrescible wastes. Solid waste includes, but is not limited to, garbage, refuse, rubbish, ashes, trees, shrubs, grass and lawn clippings, weeds, leaves, street cleanings, construction and demolition wastes, animal carcasses, offal, unwanted and abandoned vehicles, car bodies, sewage treatment residue and other residential, commercial, industrial and agricultural wastes. Solid waste, as herein defined, excludes materials that are known as hazardous waste and governed by the environmental protection agency, or its agents, and its regulations.

Solid waste disposal site: Any land designated and used only for the depositing, incinerating, composting, grinding or other processes of treatment, utilization, transfer or conversion of solid wastes rendering them inoffensive.

(Ord. 2087)

The mayor and council may contract with, franchise, or employ a person for the collection, transportation and disposal of solid waste in and for the city.

(Ord. 2087)

It is unlawful for any person to engage in the business of solid waste collection for hire within the city unless so authorized by the mayor and council.

(Ord. 2087)

It is the duty of every occupant of any premises where refuse is created or accumulated within the city to keep or cause to be kept portable approved containers for the deposit of refuse. All garbage shall, before deposit in such containers, be wrapped in paper or other material, so as to prevent the escape of liquids.

(Ord. 2087)

All containers used for the storage of refuse shall be watertight and not easily corrodible, rodent and fly proof, shall be equipped with handles and a close fitting lid. Such containers shall be not less than ten gallons' liquid measure capacity nor more than 35 gallons' capacity and weigh no more than 60 pounds when filled. Allied Waste containers shall not exceed 95 gallons' capacity nor weigh more than 200 pounds when filled. The container shall be of the type guaranteed by the manufacturer and labeled to be leakproof. Lids shall not be removed except when necessary to place refuse in such container or to take the same therefrom. Containers shall be maintained in a sanitary condition with the inside and outside washed so as to keep the same free and clean of accumulated grease and decomposing material and so that no odor or health nuisance shall exist.

The provisions of the preceding section may be waived in those instances where specifically designed and approved volume refuse containers suitable for mechanical handling by collection equipment are provided by and agreed to by the collector and occupant and approved by the city.

For purposes of recycling, the city will provide a blue bin which may be used as a container for refuse to be recycled, or the customer may utilize other containers for refuse to be recycled. The blue bin provided by the city for recyclable refuse will not be used for disposable refuse. Refuse to be recycled will be kept separate from refuse to be disposed of.

Containers not in conformance with the provision of this section shall be unlawful and may not be serviced by the collector.

Small animal refuse (i.e., cats and like small animals) may be stored in approved refuse containers, provided that such refuse is closely wrapped in a plastic bag or other equally nonpervious material and then closely wrapped in paper and securely tied.

Rubbish consisting only of cardboard, or wooden boxes, brush, leaves, weeds and cuttings from trees, lawns, shrubs and gardens, may be kept separately without depositing in such containers, providing that such bulk materials, such as leaves, shall be in a can, box, sack or receptacle for ease of loading and that brush, or any bulky material, shall be tied in bundles not to exceed four feet in length. Any such receptacles or bundles shall not weigh more than 75 pounds gross weight when filled. Compost piles may be maintained for fertilization purposes, and matter used for fertilization purposes only may be transported, kept and used; provided the same shall not constitute a nuisance. Nothing in this section shall be construed so as to permit the violation of any nuisance rules or regulations.

Containers not meeting the requirements of this chapter that are found on any public rights-of-way or property owned by the city may be removed by the city or its agents and disposed of.

(Ord. 3699, 5-7-2007)

Refuse containers, except approved volume containers as defined in subsection 3-3-5.B of this chapter, shall not be placed nor stored outside within 25 feet of any public street in any residential area of the city except on regularly scheduled collection days within that area. The siting of approved volume containers adjacent to the public streets shall be subject to the approval of the city engineer.

Specially designed, permanent enclosures for approved refuse containers may be allowed adjacent to the public rights-of-way in residential areas, provided that:

There is no public alley or other suitable access immediately adjacent to a premises.

All occupants within 100 feet agree to the installation in writing prior to construction.

The city engineer's office shall issue a written permit authorizing the construction.

The enclosure shall be well constructed, functional, aesthetically pleasing and not exceed in overall outside dimensions eight feet in length, four feet in width and three and one-half feet in height.

(Ord. 2087)

No person shall be permitted to refuse to accept the collection and disposal service provided for in this chapter. The temporary failure of any person to receive such service due to circumstances beyond the control of the city shall not exempt such person from payment of charges provided by this chapter.

Collectors shall collect refuse from each residential customer at least once each week or as may otherwise be provided by the city. Provided, however, that for all public buildings, hospitals, hotels, buildings and boarding and rooming houses or any other premises within the city designated by the responsible authority, all garbage shall be collected, removed and disposed of at least once each day.

(Ord. 2087)

The maximum amount of refuse that will be collected and frequency of collection are established in the contract with the collector.

(Ord. 2087)

Unless other arrangements are made with the collector, it shall be the duty of every occupant within the city to ensure the regular and timely removal of all refuse from their premises by making certain that all refuse containers are placed in a location reasonably accessible to the collector prior to regularly scheduled times of collection. "Reasonably accessible" shall mean within ten feet of a regular traveled vehicular way.

Removal of all dead animals (except cats and like small animals) shall be the sole responsibility of each occupant.

Removal of trees, construction and demolition waste, unwanted and abandoned vehicles and car bodies and all other large and bulky items of solid waste shall be the sole responsibility of each occupant.

(Ord. 2087)

The collector shall perform all services incident to and in connection with the collection, transportation and disposal of solid waste to an approved solid waste disposal site, and not otherwise without the written consent of the mayor and council, in an orderly, timely, efficient and businesslike manner.

A collector shall maintain at his own expense a regular place of business and shall conduct the business of solid waste collection from a location clearly marked with appropriate public markings, keep normal business hours at such location, provide listed telephone service attended by his employees during normal business hours, excluding Saturdays, Sundays and legal state holidays.

A collector shall provide sufficient trained manpower and serviceable and well maintained vehicles, equipment and devices of a type and size currently standard to the national solid waste collection industry appropriate to the geographic size and population density of this city and complementary to the levels of service set forth herein and/or as may be subsequently determined by the mayor and council, to assure complete, regular removal from the city of all "solid waste" under the conditions and as defined herein. All containers used to transport solid waste shall be equipped with a cover sufficient to prevent spillage while being transported.

(Ord. 2087)

In recognition that the public health, safety and welfare may be endangered by any failure of the solid waste collection system, it is hereby ordained that any failure on the part of the collector to perform required services for any reason whatsoever shall entitle and be legally incumbent upon the mayor and council to declare a public emergency and then to have performed solid waste collection, transportation and disposal services for the public, utilizing the vehicles, equipment, devices, facilities and employees of the collector, and/or city forces in lieu thereof, without special compensation to the collector, until such time as the collector satisfactorily demonstrates to the mayor and council it has the ability to render service at the level required by this chapter.

(Ord. 2087)

Any person who will show cause for good and cogent reason(s) why they should be exempt from compliance with one or more of the provisions of this chapter or any ruling made hereunder, may petition the board of appraisers for consideration of an exemption or relief from such provisions or rulings.

(Ord. 2087)

Charges for collection shall be carried on the utility bill, and the same shall be paid with the water and sewer bills. The utility billing office is authorized to discontinue service to any premises if the entire water, sewer and refuse bill is not paid, said charges to become delinquent as provided in the utility billing chapter. The city may direct that collection service as herein defined not be provided to any premises where the rules and regulations of this chapter are not complied with.

(Ord. 2087)

Sections:

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Diseased: Any tree which has become blighted, defaced, or has acquired a disease not capable of cure through treatment or the use of any known or recognized form of spray material.

Junked vehicles: Partially dismantled, wrecked, discarded or otherwise nonoperating motor vehicles or parts thereof. Also includes, but is not limited to, trucks, mobile homes, trailers, travel trailers, coaches, farm vehicles and machinery and/or bodies or major parts.

Nuisance: Any condition or use of a property which is detrimental to the property interest of another or which causes or tends to cause material diminution in the value of other properties in the neighborhood or any condition or use of a property that tends to promote blight and deterioration, invite plundering, create fire hazards, constitute an unattractive nuisance, create a harborage for rodents and insects, or be injurious to the health, safety or general welfare of the inhabitants of the city.

Solid waste: All useless, unwanted or discarded putrescible and nonputrescible wastes. Solid waste includes, but is not limited to, garbage, refuse, rubbish, ashes, trees, shrubs, grass and lawn clippings, weeds, leaves, street cleanings, construction and demolition wastes, animal carcasses, offal, car bodies, sewage treatment residue and other residential, commercial, industrial and agricultural wastes. Solid waste, as here defined, excludes materials that are known as hazardous waste and governed by the environmental protection agency, or its agents, and its regulations.

Trees: All trees, plants and shrubs which, upon maturity, grow to a height of more than four feet.

Weeds: Undesirable plant growth that is unkept, unsightly, deleterious and/or injurious to the public. Weeds include noxious weeds, grasses, unkept bushes and any plant meeting this description.

(Ord. 3954, 2-22-2011)

Nothing contained herein or elsewhere, shall limit the power of the city to cause or effect abatement of any nuisance by notifying the occupant in writing to remove the same within five days, or sooner if deemed expedient by a code enforcement official, following the receipt of such notice. In default of abatement of the nuisance, the city is empowered to remove and abate the nuisance at the expense of the owner creating, causing, committing or maintaining the same, and to levy a special assessment of the premises whereon the nuisance is situated to defray the cost or to reimburse the city for the cost of abating the same. The city has the authority to employ such labor as is necessary to carry out the provisions of this chapter and allow the bills therefor.

(Ord. 3954, 2-22-2011)

State Law reference— See IC §§ 50-334, 50-1008.

It is a misdemeanor to throw, discard, or deposit any solid waste upon any street, alley, sidewalk or other public properties within the city.

(Ord. 2087)

Refuse, debris, solid waste and items under this chapter that are a "nuisance" as herein defined may be removed and disposed of by the city from any public rights-of-way or property owned by the city.

(Ord. 2087)

The burning of substances of any kind within the city is prohibited except by permission of the fire department.

(Ord. 2087)

The city through its authorized representative bearing proper identification shall be permitted at proper and reasonable hours of the day to enter and inspect all premises for the purpose of nuisance control. The authorized representative shall not enter premises where the occupant or owner shall object to such entry except where an order for the purpose of entry has been obtained from the appropriate court.

(Ord. 2087)

It is unlawful for any occupant or owner to allow to accumulate in or about any premises any solid waste, so as to cause the premises to be or remain a nuisance.

(Ord. 2087)

Every person residing, doing business, owning, renting or leasing property within the city shall be required to keep weeds over eight inches in height continuously cut down, weeded out, removed, sprayed or destroyed. This shall not only include all weeds on private property, but weeds situated on public property adjacent to or contiguous with private property including areas behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches.

(Ord. 2087)

No person shall maintain, permit, cause or contribute to anything within the city which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.

(Ord. 2087)

It shall be unlawful for any person owning, leasing, occupying, or having charge of any premises to maintain, keep or allow any nuisance to remain on such premises longer than five days, or sooner if deemed expedient by a code enforcement official. This shall not only include all nuisances on private property, but nuisances situated on public property adjacent to or contiguous with private property including areas behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Said five day period, or sooner if deemed expedient by a code enforcement official, shall commence after written notice is served as provided in section 1-1-14 of this Code.

The written notice of the five day period, or sooner if deemed expedient by a code enforcement official, shall be served upon any adult occupying the premises on which the nuisance is located and upon the owner of the nuisance, if known. If no occupant of the premises or owner of the nuisance can be found, a notice affixed to any building on the premises shall constitute notice to the owner or occupant of the premises, and the owner of the nuisance. If there is no building on the premises, such notice may be affixed elsewhere on the premises. Provided, however, no additional or further notice shall be required for subsequent or continuing violations.

This section shall not apply with regard to any such nuisance located in an enclosed building or so located on the premises as not to be readily visible from any public place or from any surrounding private property. This section shall not apply to partially dismantled, wrecked, junked, discarded or otherwise nonoperating motor vehicles or parts thereof which are stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed salvage yard or junk dealer or when storing or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(Ord. 3954, 2-22-2011)

The permitting of injurious pests, or insects, or their eggs or larvae, upon any tree or trees, or shrubbery, within the corporate limits of the city, upon the property owned or in the control of any person or dedicated street or streets adjacent thereto is hereby declared to be a public nuisance. It is hereby made the duty of every owner and owners of any real property in the city to eradicate any and all injurious pests or insects, or their eggs or larvae from any and all trees or shrubbery upon the property owned or controlled by them or growing upon the public right-of-way between the property line and the street travelway adjacent thereto, and anyone failing to do so shall be and is hereby declared to be maintaining a nuisance.

(Ord. 2087)

Every dead, defaced, broken, dangerous, diseased, or untrimmed tree, within any public right of way which has or may become a traffic hazard or a hazard to adjoining property and is so determined by the city is hereby declared to be and to constitute a nuisance. It is the duty of every owner of any premises in the city to have removed dead, defaced, diseased, broken or dangerous trees and to trim trees located upon the public right-of-way between the property line and street travelway adjacent thereto.

(Ord. 2087)

It is unlawful for any person to engage in the cutting, trimming or removing of trees that will fall on any public right-of-way or public property without first procuring a license.

(Ord. 2087)

It is unlawful for any person to damage or mutilate any tree within any street or public ground of the city.

(Ord. 2087)

The accumulation of snow, ice, dirt or any solid waste upon the sidewalks of the city or placement of items (e.g., dumpsters, portable backstops, landscaping features, etc.) upon such so as to obstruct the same is declared to be a nuisance and the responsibility of the owner to move or remove in a timely manner.

(Ord. 3371, 8-2-2004)

Sections:

All fees and charges received and collected under authority of this chapter shall be deposited and credited to a special fund to be designated as the park development fund. The account of said fund shall show all receipts and expenditures by park development zones. As provided by law, when budgeted and appropriated, the funds and credits to the park development fund shall be available for expenditures authorized by this chapter.

(Ord. 2359)

There is hereby designated three park development zones within the City of Nampa and within the area of city impact.

Zone 1:	That area which is north of the Union Pacific mainline.
Zone 2:	That area which is south of the Union Pacific mainline and east of State Highway 45.
Zone 3:	That area which is south of the Union Pacific mainline and west of State Highway 45.

(Ord. 2359)

Funds may be spent for authorized park development only within the park development zone in which the fund is collected. Authorized expenditure of funds shall include the acquisition of real estate for park creation or space uses and capital improvements to public park or recreational facilities which either provide new or expanded uses.

(Ord. 2359)

The methodology utilized in determining the determination of standard park development fee shall be set forth in a document titled, "Park Development Fee—1993 Analysis," a copy of which shall be kept on file at the office of the city clerk. The fee may be adjusted annually by council resolution to become effective January 1. Said adjustment shall be made in accordance with a nationally recognized inflation index. A copy of the calculation for the fee adjustment shall be kept on file at the office of the city clerk.

(Ord. 2359)

The impact fee shall be collected at the time a building permit is issued in accordance with the number of equivalent residential units as set forth below:

Land Use	Number Of Equivalent Residential Units
All land uses that do not have permanent residents	0
1 bedroom dwelling unit	0.50
2 bedroom dwelling unit	0.75
3 or more bedroom dwelling unit	1.00

(Ord. 2359)

Dwellings within certain subdivisions, multi-family development, planned unit development or mobile home parks may be exempted from payment of all or a portion of the fee provided a qualifying recreational improvement or land donation is made. Said improvement or land donation shall be in accordance with criteria set forth in a document titled, "Park Development Fee—1993 Analysis," a copy of which shall be kept on file at the office of the city clerk.

(Ord. 2359)

The fees imposed by this chapter shall be phased out beginning with the date that chapter 7, Development Impact Fees, of this title becomes effective. All park development fee agreements prior to the date that chapter 7, Development Impact Fees, of this title becomes effective will be honored according to their terms. No new park development fee agreements will be entered into after the effective date of chapter 7, Development Impact Fees, of this title.

(Ord. 3494, 9-19-2005)

Sections:

The city council of the City of Nampa, Canyon County, Idaho, finds that:

Based on the City of Nampa comprehensive plan adopted by the city pursuant to I.C. ch. 65, tit. 67, 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, it has become necessary to expand certain services to support new development. The city must expand 1) parks and recreation, 2) streets, 3) police, and 4) wastewater, domestic water, and pressurized irrigation facilities. Throughout this chapter, the system improvements for these four types of public facilities are sometimes collectively referred to as the "city capital facilities" and the system improvements to the sometimes individually referred to as a "city capital improvements element." The Nampa Fire Protection District (the "fire district") must fund its system improvement costs needed to serve new growth to maintain its level of fire/emergency medical services (EMS) within its boundaries which include the city. Throughout this chapter, the system improvements for the fire district's public facilities are sometimes collectively referred to as the "fire district capital facilities" and the system improvements to the sometimes individually referred to as a "fire district capital improvements element."

The city has formed two development impact fee advisory committees required by I.C. § 67-8205, and these committees have performed the duties required of it pursuant to such statute. The city intends that these committees will continue to exist and perform those duties identified in Idaho Code I.C. § 67-8205.

New residential and nonresidential development imposes and will impose increasing and excessive demands upon city capital facilities and fire district capital facilities.

The revenues generated from new residential and nonresidential development often do not generate sufficient funds to provide the necessary improvements of these city capital facilities and fire district capital facilities to accommodate new development.

New development is expected to continue, and will place ever increasing demands on the city to provide and expand city capital facilities and fire district capital facilities to serve new development.

The city has planned for the improvement of the city capital facilities and fire district capital facilities in the capital improvements element of the City of Nampa comprehensive plan.

I.C. Ch. 82, tit. 67 (the Idaho Development Impact Fee Act) authorizes the city to adopt a development impact fee system to offset, recoup, or reimburse the portion of the costs of needed improvements to the city capital facilities and fire district capital facilities caused by new development in the city.

The creation of an equitable development impact fee system would promote the purposes set forth in the Idaho Development Impact Fee Act, in that it would:

Ensure that adequate public facilities are available to serve new growth and development;

Promote orderly growth and development by establishing uniform standards by which local governments 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;

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

Prevent duplicate and ad hoc development requirements.

The creation of an equitable development impact fee system would enable the city to accommodate new development, and would assist the city to implement the capital improvements element of the comprehensive plan.

In order to implement an equitable development impact fee system for the city capital facilities and fire district capital facilities, the city and the fire district retained TischlerBise/Galena Consulting to prepare impact fee studies for these types of facilities. The resulting documents are incorporated by reference and titled as follows:

"City of Nampa, Idaho Impact Fee Study and Capital Improvement Plans," dated April 18, 2025 (the "development impact fee study");

The document entitled "Capital Improvement Plan and Development Impact Fee Study, (Submitted to the Nampa Fire Protection District February 21, 2025)" prepared by TischlerBise/Galena Consulting for the Nampa Fire Protection District;

The document entitled "City of Nampa Water and Wastewater Impact Fee Analysis," dated July 16, 2021, prepared by FCS Group for the City of Nampa.

The methodology used in preparing all the development impact fee studies, when applied through this chapter, complies with all applicable provisions of Idaho law, including those set forth in I.C. §§ 67-8204(2), 67-8204(16), 67-8204(23), 67-8207 and 67-8209. The incorporation of the development impact fee study by reference satisfies the requirement in I.C. § 67-8204(16) for a detailed description of the methodology by which the development impact fees were calculated, and the requirement in I.C. § 67-8204(24) for a description of acceptable levels of service for system improvements.

The development impact fee studies contain the capital improvements element of the City of Nampa comprehensive plan, and such element has been prepared in conformance with the requirements of I.C. chs. 65 and 82 of tit. 6.

The development impact fee studies set forth reasonable methodologies and analyses for determining the impacts of various types of new development on the city capital facilities and the fire district facilities, and determines the cost of acquiring or constructing the improvements necessary to meet the demands for such facilities created by new development.

In accordance with Idaho Code, the development impact fee studies were based on actual system improvement costs or reasonable estimates of such costs. In addition, the development impact fee studies use a fee calculation methodology that is 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 anticipated to be available to pay for system improvements, including taxes, assessments, user fees, and intergovernmental transfers.

The development impact fees described in this chapter are based on the development impact fee studies, and do not exceed the costs of system improvements for city capital facilities or fire district capital facilities to serve new development that will pay the development impact fees.

The facilities for city parks and recreation, streets, and police, and fire district fire/emergency medical services (EMS) included in the calculation of fees in the development impact fee studies will benefit all new residential and nonresidential development throughout the city, and it is therefore appropriate to treat all areas of the city as a single service area, and all areas within the fire district as a single service area for purposes of calculating, collecting, and spending the development impact fees collected from residential and nonresidential development.

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 development impact fees that such development will be required to pay.

This chapter creates a system by which development impact fees paid by new development will be used to finance, defray, or reimburse a portion of the costs incurred by the city to construct improvements for city capital facilities, and incurred by the fire district to construct improvements to fire district capital facilities in ways that benefit the development for which each development impact fee was paid within a reasonable period of time after the development impact fee is paid, and in conformance with I.C. § 67-8210.

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

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).

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

(Ord. 3729, 8-20-2007; Ord. 4267, 7-18-2016, eff. 10-1-2016; Ord. No. 4665, § 1, 4-18-2022; Ord. No. 4691, § 1, 10-17-2022; Ord. No. 4891, § 1, 10-6-2025)

This chapter is enacted pursuant to the city's general police power, the authority granted to the city pursuant to Idaho Code chapters 65 and 82, title 67, and other applicable laws of the State of Idaho.

This chapter shall apply to all areas of the city.

(Ord. 3729, 8-20-2007)

This chapter is adopted to be consistent with, and to help implement, the City of Nampa comprehensive plan, and particularly the capital improvements element of that plan.

The intent of this chapter is to ensure that new development bears a proportionate share of the cost of improvements to city capital facilities and fire district capital facilities; to ensure that such proportionate share does not exceed the cost of improvements to such facilities required to accommodate new development; and to ensure that funds collected from new development are actually used for improvements to city capital facilities and fire district capital facilities that benefit such new development.

It is the further intent of this chapter to be consistent with those principles for allocating a fair share of the cost of new capital facilities to new development, and for adopting development impact fee ordinances, established by I.C. ch. 82, tit. 67.

It is not the intent of this chapter to collect any money from any new development in excess of the actual amount necessary to offset new demands for city capital facilities and fire district capital facilities created by such new development.

It is not the intent of this chapter that any monies collected from any development impact fee deposited in an impact fee account ever be commingled with monies from a different impact fee account, or ever be used for a development impact fee component different from that for which the fee was paid, or ever be used to correct current deficiencies in the city capital facilities or fire district capital facilities or ever be used to replace, rehabilitate, maintain, or operate any city or fire district facility.

(Ord. 3729, 8-20-2007; Ord. No. 4891, § 2, 10-6-2025)

For the purpose of this chapter, the following terms shall have the following meanings, some of which are assigned by Idaho Code section 67-8203, as indicated:

Affordable housing: Housing affordable to families whose incomes do not exceed 80 percent of the median income for the City of Nampa. Idaho Code section 67-8203(1).

Appropriate: To legally obligate by contract or otherwise commit to use by appropriation or other official act of a governmental entity. Idaho Code section 67-8203(2).

Building permit: A building permit issued by the building official permitting the construction of a building or structure within the City of Nampa.

Capital improvement: An improvement with a useful life of ten (10) years or more, by new construction or other action that increases the service capacity of a public facility. Idaho Code section 67-8203(3).

Capital improvements element: A component of the City of Nampa comprehensive plan adopted pursuant to Idaho Code chapter 65, title 67, which component meets the requirements of a capital improvements plan pursuant to Idaho Code chapter 65, title 67. Idaho Code section 67-8203(4).

Capital improvements plan: A plan adopted pursuant to this chapter that identifies capital improvements for which development impact fees may be used as a funding source. Idaho Code section 67-8203(5).

City: City of Nampa, Idaho.

City accounts: The parks capital facilities account, and the street capital facilities account, the police capital facilities account, established as part of the city development impact fee trust fund established in section 3-7-7 of this chapter.

City council: The city council of the City of Nampa, Idaho.

City development impact fee trust fund: The trust fund established by section 3-7-7 of this chapter that includes:

A police capital facilities account;

A parks capital facilities account;

A street capital facilities account;

A wastewater capital facilities account;

A domestic water capital facilities account; and

A pressurized irrigation capital facilities account.

Developer: Any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to Idaho Code sections 50-1301 through 50-1334. Idaho Code section 67-8203(6).

Development: Any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, that creates additional demand and need for public facilities or the subdivision of property that would permit any change in the use, character or appearance of land. Idaho Code section 67-8203(7).

Development approval: Any written authorization from a governmental entity that authorizes the commencement of a development. Idaho Code section 67-8203(8).

Development impact fee: The 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 (I.C. § 67-8203(9)). In the context of this chapter, development impact fee means one of the four impact fees defined for the four city capital facilities elements and the fire district capital facilities elements, and development impact fees (in the plural) means all five impact fees (or all of them that apply to the proposed development pursuant to this chapter). The term does not include:

Charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development;

Connection or hookup charges;

Availability charges for drainage, sewer, water or transportation for services provided directly to the development; or

Amounts collected from a developer in a transaction in which the city, or the fire district, or another governmental entity 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 I.C. § 67-8209(3) for credit or reimbursement.

Development impact fee administrator: That individual designated from time to time by the city council of Nampa, Idaho, to administer the city development impact fee system established by this chapter; and that individual designated from time to time by the fire district commissioners to administer the fire district development impact fee system established by this chapter.

Development impact fee study: This refers to following three capital improvement plans documents:

The document entitled "City Of Nampa, Idaho Development Impact Fee Study And Capital Improvement Plans," dated April 18, 2025, prepared by TishlerBice for the city, that sets forth reasonable methodologies and analyses for determining the impacts of various types of development on the city capital facilities and determines the cost of expansions to those facilities necessary to meet the demands created by new development;

The document entitled "Capital Improvement Plan and Development Impact Fee Study," dated February 21, 2025, prepared by TischlerBise for the Nampa Fire Protection District;

The document entitled "City of Nampa Water and Wastewater Impact Fee Analysis," dated July 16, 2021, prepared by FCS Group for the City of Nampa.

The development impact fee trust funds are also sometimes called "the trust funds."

Development requirement: 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. Idaho Code section 67-8203(10).

Extraordinary costs: Those costs incurred as a result of an extraordinary impact. Idaho Code section 67-8203(11).

Extraordinary impact: An impact that is reasonably determined by the governmental entity to: 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 Idaho Code section 67-8214(2), or b) result in the need for system improvements that are not identified in the capital improvements plan. Idaho Code section 67-8203(12).

Fee payer: A person or legal entity that pays or is required to pay a development impact fee. Taxing districts are expressly included within this definition of "fee payer," unless the taxing district enters into a written agreement with the City of Nampa that provides otherwise. A fee payer may include a developer.

Fire district: The Nampa Fire Protection District is a fire district organized and existing by virtue of I.C. ch. 14 of tit. 31.

Fire district accounts: The fire/EMS capital facilities account, established as part of the fire district development impact fee trust fund established in section 3-7-7 of this chapter.

Fire district commissioners: The board of commissioners of the Nampa Fire Protection District.

Fire district development impact fee trust fund: The trust fund established by section 3-7-7 of this chapter that includes the fire/EMS capital facilities account.

Fire/EMS capital facilities: Lands, as well as buildings, improvements to land, and related equipment and vehicles meeting the definition of "capital improvement," used for fire and emergency medical service facilities included in the calculation of the fire/EMS impact fee in the development impact fee study, and specifically including those related costs included in the definition of "system improvement costs," but not including maintenance, operations, or improvements that do not expand capacity.

Impact-generating land development: Land development designed or intended to permit a use of the land that will contain more dwelling units or floor space than the then existing use of the land, or the making of any material change in the use of any structure or land in a manner that increases demand for city capital facilities. The type of proposed impact-generating land development shall be based on the proposed use of the land.

Individual assessment: A study prepared by a fee payer, calculating the cost of expansions or improvements to one or more of the city and/or fire district capital improvements elements required to serve the fee payer's proposed development, that is based on the established LOS standard, is performed on an average cost (not marginal cost) methodology, that uses the service units and unit construction costs stated in the development impact fee study, and is performed in compliance with any criteria for such studies established by this chapter or by the city or the fire district.

Land use assumptions: A description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a 20 year period. Idaho Code section 67-8203(16).

Level of service: A measure of the relationship between service capacity and service demand for public facilities. Idaho Code section 67-8203(17).

Manufactured home: A structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, that, in the traveling mode, is eight feet or more in width or is 40 body feet or more in length, or when erected on site, is 320 or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure that meets all the requirements of this definition 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 USC 5401 et seq. Idaho Code section 67-8203(18).

Modular building: Any building or building component, other than a manufactured or mobile home, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site. Idaho Code sections 67-8203(19) and 39-4301.

Parks capital facilities: Open space lands, as well as buildings, improvements to land, and related equipment meeting the definition of "capital improvement," used for public parks, recreation, open space, and trail facilities included in the calculation of the park impact fee in the development impact fee study, and specifically including those related costs included in the definition of "system improvement costs," but not including maintenance, operations, or improvements that do not expand capacity.

Person: An individual, corporation, governmental agency, business trust, estate, partnership, association, two or more persons having a joint or common interest, or any other entity.

Police capital facilities: Lands, as well as buildings, improvements to land, and related equipment and vehicles meeting the definition of "capital improvement," used for police facilities included in the calculation of the police impact fee in the development impact fee study, and specifically including those related costs included in the definition of "system improvement costs," but not including maintenance, operations, or improvements that do not expand capacity.

Present value: The total current monetary value of past, present, or future payments, contributions or dedications of goods, services, materials, construction or money. Idaho Code section 67-8203(20).

Project: A particular development on an identified parcel of land. Idaho Code section 67-8203(21).

Project improvements: Site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project. Idaho Code section 67-8203(22).

Proportionate share: That portion of the cost of system improvements determined pursuant to Idaho Code section 67-8207, that reasonably relates to the service demands and needs of the project. Idaho Code section 67-8203(23).

Public facilities:

Water supply production, treatment, storage and distribution facilities;

Wastewater collection, treatment and disposal facilities;

Roads, streets and bridges, including rights-of-way, traffic signals, landscaping and any local components of state or federal highways;

Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements;

Parks, open space and recreation areas, and related capital improvements;

Public safety facilities, including law enforcement, fire, emergency medical and rescue and street lighting facilities; and

Pressurized irrigation facilities.

Recreational vehicle: A vehicular type unit primarily designed as temporary quarters for recreational, camping, or travel use, that either has its own motive power or is mounted on or drawn by another vehicle. Idaho Code section 67-8203(25).

Service area: Any defined geographic area identified by a governmental entity or by intergovernmental agreement in which specific public facilities provide service to development within the area defined, on the basis of sound planning or engineering principles or both. Idaho Code section 67-8203(26).

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. Idaho Code section 67-8203(27).

Street capital facilities: Lands, improvements to land, and equipment meeting the definition of "capital improvement," used for the system of traffic signals and for the widening of bridges on arterial and collector roads, included in the calculation of the street impact fee in the development impact fee study, and consistent with the capital improvements element, and specifically including those related costs included in the definition of "system improvement costs," but not including maintenance, operations, or improvements that do not expand capacity.

Successor in interest: A "person," as defined by this chapter, who gains a fee simple interest in land for which a development impact fee is paid or a credit is approved pursuant to the terms of this chapter.

System improvement 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 Idaho Code section 50-1702(h), to provide additional public facilities needed to serve 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 meet stricter safety, efficiency, environmental or regulatory standards; d) upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development; e) administrative and operating costs of the governmental entity unless such costs are attributable to development of the capital improvement plan, as provided in Idaho Code section 67-8208; 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 governmental entity to finance capital improvements identified in the capital improvements plan. Idaho Code section 67-8203(29).

System improvements: In contrast to project improvements, means capital improvements to public facilities that are designed to provide service to a service area including, without limitation, the type of improvements described in Idaho Code section 50-1703. Idaho Code section 67-8203(28). For the purposes of this chapter, the system improvements are the park capital facilities, street capital facilities, police capital facilities, fire/EMS capital facilities.

(Ord. 3729, 8-20-2007; Amd. Ord. 4267, 7-18-2016, eff. 10-1-2016; Ord. 4420, 3-4-2019; Ord. No. 4665, § 2, 4-18-2022; Ord. No. 4691, § 2, 10-17-2022; Ord. No. 4891, § 3, 10-6-2025)

Fee obligation.

After the effective date hereof, any person who commences any impact generating land development, except those exempted pursuant to subsection B of this section, shall be obligated to pay development impact fees upon commencement of such activity. The amount of the development impact fees shall be determined in accordance with this chapter.

If the fee payer is applying for an extension of a permit issued previously, then the development impact fees required to be paid shall be the net increase between the development impact fees applicable at the time of the current permit application and any development impact fees previously paid pursuant to this chapter to finance similar types of system improvements to accommodate demands created by the same development.

If the fee payer is applying for a permit to allow a change of use or for the expansion, redevelopment, or modification of an existing development, the development impact fees required to be paid shall be based on the net increase in the development impact fees for the new use as compared to the previous use.

Exemptions. The following types of development shall be exempted from payment of the development impact fees. Any claim for exemption shall be made no later than the time when the applicant applies for the first building permit for the proposed development that creates the obligation to pay the development impact fees, and any claim for exemption not made at or before that time shall have been waived. The development impact fee administrator or a designee shall determine the validity of any claim for exemption pursuant to the criteria set forth below:

Rebuilding the same amount of floor space of a structure that was destroyed by fire or other catastrophe, providing the structure is rebuilt and ready for occupancy within two years of its destruction;

Remodeling or repairing a structure that does not increase the number of service units;

Replacing a residential unit, including a manufactured home, with another residential unit on the same lot, provided that the number of service units does not increase;

Constructing an addition on a residential structure that does not increase the number of service units;

Placing a temporary construction trailer or office on a lot;

Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouses, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements;

The installation of a modular building, manufactured home, or recreational vehicle if the fee payer can demonstrate by documentation such as utility bills and tax records that either:

A modular building, manufactured home, or recreational vehicle was legally in place on the lot or space prior to the effective date hereof; or

A development impact fee has been paid previously for the installation of a modular building, manufactured home or recreational vehicle on that same lot or space;

Projects for which a development impact fee for each type of public facility covered by this chapter has previously been paid in an amount that equals or exceeds the development impact fee that would be required by this chapter;

Projects built by the federal government, the state government, the city; or fire/EMS capital facilities built by the city fire district; and,

10.

Projects which meet all of the following criteria may apply for an individualized assessment pursuant to subsection C.4. of this section, except that the applicant may simply rely on the documented project history rather than retaining a qualified professional to prepare the individual assessment:

The development, through the terms of the development agreement, or otherwise, has built, or is obligated to build public facilities, which facilities are not "project improvements," in excess of the amount that would be collected under this chapter.

11.

All existing significant industrial users prior to April 1, 2022, that are not increasing their utility capacity by more than 15 percent, will be exempt from wastewater, domestic water, and pressurized irrigation impact fees. Users will be subject to all other applicable fees.

12.

Development or projects built by public schools; charter schools; not for profit hospitals, medical office buildings and clinics; and other nonprofit businesses or entities are not exempt from development impact fees. Developments and projects by these entities are subject to impact fees and all other applicable fees.

Fee table and calculation of amount of development impact fees.

Fee table.

City police fees:

Single family residence (per unit) .....$761.00

Multi family residence (per unit) .....$595.00

Retail (per 1,000 square feet of building area) .....$1,758.00

Institutional (per 1,000 square feet of building area) .....$674.00

Office (per 1,000 square feet of building area) .....$678.00

General industrial (per 1,000 square feet of building area) .....$305.00

Manufacturing (per 1,000 square feet of building area) .....$298.00

Warehouse/distribution (per 1,000 square feet of building area) .....$108.00

Self-storage (per 1,000 square feet of building area) .....$91.00

City park and recreation fees:

Single family residence (per unit) .....$3,133.00

Multi family residence (per unit) .....$2,450.00

City street fees:

Single family residence (per unit) .....$4,933.00

Multi family residence (per unit) .....$2.696.00

Retail (per 1,000 square feet of building area) .....$9,922.00

Institutional (per 1,000 square feet of building area) .....$3,804.00

Office (per 1,000 square feet of building area) .....$3,804.00

General industrial (per 1,000 square feet of building area) .....$1,722.00

Manufacturing (per 1,000 square feet of building area) .....$1,680.00

Warehouse/distribution (per 1,000 square feet of building area) .....$607.00

Self-storage (per 1,000 square feet of building area) .....$515.00

Fire district fire fees:

Single family residence (per unit) .....$1,267.00

Multi family residence (per unit) .....$886.00

Retail (per 1,000 square feet of building area) .....$2,311.00

Institutional (per 1,000 square feet of building area) .....$885.00

Office (per 1,000 square feet of building area) .....$891.00

General industrial (per 1,000 square feet of building area) .....$400.00

Manufacturing (per 1,000 square feet of building area) .....$391.00

Warehouse/distribution (per 1,000 square feet of building area) .....$141.00

Self-storage (per 1,000 square feet of building area) .....$120.00

City wastewater fees:

Single-family .....$1,592.00

Multi-family, per equivalent dwelling unit (EDU) ^[2] ^[2] .....$1,592.00

Nonresidential per strength class ^[3] ^[3]:

SE1, per EDU .....$1,440.00

SE2, per EDU .....$1,650.00

SE3, per EDU .....$1,759.00

SE4, per EDU .....$1,868.00

SE5, per EDU .....$2,219.00

SE6, per EDU .....$2,410.00

SE7, per EDU .....$2,682.00

Industrial, per constituent loading:

Flow per mgd .....$4,784,178.00

BOD, per lb/day .....$94.00

TSS, per lb/day .....$155.00

TKN, per lb/day .....$964.00

TP, per lb/day .....$6,751.00

City water fees:

Single-family .....$236.00

Multi-family:

Domestic water fee per EDU .....$189.00

Fire flow fee per equivalent fire unit (EFU) ^[4] ^[4] .....$47.00

Nonresidential:

Domestic water fee per EDU .....$189.00

Fire flow fee per EFU .....$47.00

Industrial:

Domestic water fee per EDU .....$189.00

Fire flow fee per EFU .....$47.00

Irrigation fees:

1" Service .....$1,387.00

1.5" Service .....$2,775.00

2" Service .....$4,439.00

3" Service .....$8,878.00

Levels of service. The levels of service upon which the foregoing fees are calculated are as follows:

City police: 1.21 officers per 1,000 population; the fees are calculated on the basis that physical space will be necessary to house the projected 33 growth-necessitated officers and outfit them with patrol vehicles and equipment, of which 100 percent is calculated to be growth related and therefore 100 percent of the cost of which is eligible for imposition of development impact fees; and the funding of a standard of cover analysis update to ensure growth-related capital improvements are properly sited to serve growth, of which 100 percent is calculated to be growth related and therefore 100 percent of the cost of which is eligible for imposition of development impact fees.

City parks: 3.7 acres of developed parks per 1,000 population; an additional swimming pool, 100 percent of which is attributable to new growth; recreation center expansion, 100 percent of which is attributable to new growth; recreation department administration office relocation, 100 percent of which is attributable to new growth; land for multi-use park and soccer complex, 100 percent of which is attributable to new growth; lighting for adult softball fields, only 22 percent of which is attributable to new growth; and associated equipment with a life expectancy in excess of ten years.

City streets: Nampa's street system currently operates at a level of service "D," which means that while many streets are increasingly congested, they are not yet at capacity. Some streets facilities in the city meet and/or exceed level of service D, while others may be at a level of service E or F. The fees are calculated on a basis that will increase capacity of intersections, bridges and culverts, and road widening to ensure the current level of service does not decrease due to new growth. The portion of these projects attributable to new growth ranges from 50 percent to 100 percent.

Fire district: Ninety percent fractile response time of eight minutes and 17 seconds or less; the fees are calculated on the basis that three additional fire stations will need to be constructed in the next ten years and equipped with one fire engine as well as support vehicles and equipment for each station, of which 100 percent is calculated to be growth related and therefore 100 percent of the cost of which is eligible for imposition of development impact fees; an additional truck will need to be purchased to serve the demands of new growth, of which 100 percent is calculated to be growth related and therefore 100 percent of the cost of which is eligible for imposition of development impact fees; the purchase of two squad vehicles and a remodel to one station, of which 100 percent is calculated to be growth related and therefore 100 percent of the cost of which is eligible for imposition of development impact fees; and the funding of a standard of cover analysis update to ensure growth-related capital improvements are properly sited to serve growth, of which 100 percent is calculated to be growth related and therefore 100 percent of the cost of which is eligible for imposition of development impact fees.

City wastewater: Nampa's wastewater system operates at a level of service of 85 percent capacity in collections systems and wastewater treatment plant constituent and flow capacities.

City domestic water: Nampa's domestic water system operates at a level of service goal firm pumping capacity of 0.55 gpm/account, and 116.7gal/account.

City pressurized irrigation: Nampa's irrigation system operates at a level of service goal pumping capacity of 7.2 gpm/acre. The irrigation system is nearly at capacity meaning that new infrastructure is needed for new growth at 100 percent.

Using the fee table. Development impact fees shall be calculated using the fee table above unless: a) the fee payer requests an individualized assessment pursuant to subsection C.4. of this section, or b) the city or the fire district designates the proposed development as a development of extraordinary impact in writing to the fee payer, in which case the provisions of subsection C.5. of this section shall apply.

Any person who commences any new impact generating land development, except those exempted pursuant to this chapter, or those preparing an individual assessment pursuant to this chapter, shall pay all development impact fees applicable to the proposed development, as determined by the fee table. Persons choosing to pay applicable development impact fees pursuant to the fee table shall be deemed to have made a full and complete payment of the project's proportionate share of city capital facilities and fire district capital facilities costs for system improvements, except as noted in subsection 3-7-12.I of this chapter.

If the proposed development is of a type not listed in the fee table, then the city shall apply the development impact fees applicable to the most nearly comparable type of land use listed in the fee table. The determination as to which type of development is most nearly comparable to the proposed development shall be made by referring to traffic generation rates for land uses published by the Institute of Transportation Engineers, and by identifying that land use listed in the fee table whose traffic generation rates are most comparable to the proposed land use. If no traffic generation rate for the proposed land use appears in a publication of the Institute of Transportation Engineers, or if it is not possible to determine which land use listed in the fee table has the most comparable traffic generation rates, then the most nearly comparable land use shall be determined by the development impact fee city administrator based on comparison of other characteristics of the proposed land use (including employment or occupancy, the size of the facility, and the amount of parking to be provided) with the characteristics of those land uses listed in the fee table.

If the proposed development includes a mix of those uses listed in the fee table, then the development impact fees shall be determined by adding up the development impact fees that would be payable for each use as if it were a freestanding use pursuant to the fee table. For example, development impact fees for a church without ancillary facilities will be determined through the process in subsection C.3.b of this section; but development impact fees for a church with a daycare center shall be established by adding:

(1)

Fees determined through the process in subsection C.3.b of this section for the church itself; and

(2)

Fees identified in the fee table for the daycare portion of the facility.

If the fee payer requests that the city or the fire district calculate the amount of development impact fees due pursuant to the fee table, the city or the fire district as the case may be shall notify the fee payer of such amount within 30 days after receipt of that request.

Using an individual assessment.

In lieu of calculating the amount(s) of development impact fees by reference to the fee table, a fee payer may request that the amount of the required development impact fee be determined through an individual assessment for the proposed development. The individual assessment process shall permit consideration of studies, data, and any other relevant information submitted by the fee payer to adjust the amount of the fee. If a fee payer requests the use of an individual assessment, the fee payer shall be responsible for retaining a qualified professional to prepare the individual assessment that complies with the requirements of this chapter, at the fee payer's expense. The fee payer shall bear the burden of proving by clear and convincing evidence that the resulting individual assessment is a more accurate measure of its proportionate share of the cost of city capital improvements and/or fire district improvements, based on the city's and/or the fire district's adopted levels of service, than the development impact fees that would otherwise be due pursuant to the fee table.

Each individual assessment shall be based on the same level of service standards and unit costs for system improvements used in the development impact fee study, shall use an average cost (not a marginal cost) methodology, and shall document the relevant methodologies and assumptions used.

An application for an individual assessment may be submitted at any time that the number of dwelling units in the proposed development and the types and amounts of development in each nonresidential category identified in the fee table is known. The city and/or the fire district as the case may be shall issue a decision within 30 days following receipt of a completed application for individual assessment and supporting information from the applicant, so as not to unreasonably delay subsequent applications for or issuance of building permits.

Each individual assessment shall be submitted to the development impact fee administrator or a designee, and may be accepted, rejected, or accepted with modifications by the development impact fee administrator or a designee as the basis for calculating development impact fees. The criteria for acceptance, rejection, or acceptance with modifications shall be whether the individual assessment is a more accurate measure of demand for the city capital improvements element(s) and/or the fire district capital improvements element(s) as the case may be created by the proposed development, or the costs of those facilities, than the applicable fee shown in the fee table.

The decision by the development impact fee administrator or designee on an application for an individual assessment shall include an explanation of the calculation of the impact fee, shall specify the system improvement(s) for which the impact fee is intended to be used, and shall include an explanation of those factors identified in I.C. § 67-8207.

If an individual assessment is accepted or accepted with modifications by the development impact fee administrator or a designee then the development impact fees due under this chapter for such development shall be calculated according to such individual assessment.

Extraordinary impacts.

If the city or the fire district determines that a proposed development generates extraordinary impacts that will result in extraordinary costs, the city or the fire district will notify the fee payer of such determination within 30 days after receipt of a request for a certification pursuant to subsection D of this section or a request for a building permit or development approval, whichever occurs first. Such notice shall include a statement that the potential impacts of such development on their system improvements are not adequately addressed by the development impact fee study, and that a supplemental study at the fee payer's expense will be required.

Circumstances that may lead to a determination of extraordinary impacts include, but are not limited to:

(1)

An indication that traffic generation from the proposed development or activity will exceed those typical for a facility or activity of its type;

(2)

An indication that employment generated by the development or activity will exceed those typical for a facility or activity of its type;

(3)

An indication the assumptions used in the development impact fee study underestimate the level of activity or impact on city capital facilities from the proposed development or activity; or

(4)

An indication that levels of calls for law enforcement, fire, or emergency services from developments or activities owned or operated by the fee payer or its agents exceed the assumptions used in the development impact fee study.

Within 30 days following the designation of a development with extraordinary impacts, the city or the fire district as the case may be shall meet with the fee payer to discuss whether the fee payer wants to:

(1)

Pay for the supplemental study necessary to determine the system improvement costs related to the proposed development; or

(2)

Modify the proposal to avoid generating extraordinary impacts; or

(3)

Withdraw the application for certification, building permit, or development approval.

If the fee payer agrees to pay for the supplemental study required to document the proposed development's proportionate share of system improvement costs, then the city or the fire district as the case may be and the fee payer shall jointly select an individual or organization acceptable to both to perform such study, the fee payer shall enter into a written agreement with such individual or organization to pay the costs of such study. Such agreement shall require the supplemental study to be completed within 30 days of such written agreement, unless the fee payer agrees to a longer time.

Once the study has been completed, the fee payer may choose to: 1) pay the proportionate share of system improvement costs documented by the supplemental study, or 2) modify the proposed development to reduce such costs, or 3) withdraw the application. If the fee payer agrees to pay the system improvement costs documented in the supplemental study, that agreement shall be reduced to writing between the city and the fee payer prior to review and consideration of any application for any development approval or building permit related to the proposed development.

Notwithstanding any agreement by the fee payer to pay the proportionate share of system improvement costs documented by the supplemental study, nothing in this chapter shall obligate the city to approve development that results in an extraordinary impact.

Certification. After the development impact fees due for a proposed development have been calculated pursuant to the fee table or the individual assessment, the fee payer may request the development impact fee administrator or a designee for a certification of the amount of development impact fees due for that development. Within 30 days after receiving such request, the development impact fee administrator or a designee shall issue a written certification of the amount of development impact fees due for the proposed development. Such certification shall establish the development impact fee so long as there is no material change to the particular project as identified in the individual assessment application, or the impact fee schedule set forth in the fee table. The certification shall include an explanation of the calculation of the impact fee including an explanation of factors considered under Idaho Code section 67-8207 and shall also specify the system improvement(s) for which the development impact fee is intended to be used.

Payment of fees.

All development impact fees due shall be paid to the city at the following times:

If a building permit or manufactured home installation permit is required, then at the time such permit is issued; or

If no building permit or manufactured home installation permit is required, then at the time that construction commences; or

At such other time as the applicant and the city or the fire district as the case may be have agreed to in writing, pursuant to applicable Idaho law.

All monies paid by a fee payer pursuant to the fee table shall be identified as development impact fees and shall be promptly deposited in the appropriate account(s) described in section 3-7-7 of this chapter.

A fee payer may pay a development impact fee under protest in order to avoid delay in the issuance of a building permit or development approval. A fee payer making a payment under protest shall not be estopped from exercising the right of appeal provided in section 3-7-10 of this chapter, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected.

(Ord. 3897, 1-19-2010, eff. 3-1-2010; Ord. 4420, 3-4-2019; Ord. No. 4665, § 3, 4-18-2022; Ord. No. 4691, § 3, 10-17-2022; Ord. No. 4891, § 4, 10-6-2025)

Footnotes:

--- (2) ---

Note— [2] See current adopted EDU and Strength Class Guide for Wastewater and water user classifications.

--- (3) ---

Note— [3] See current adopted EDU and Strength Class Guide for Wastewater and water user classifications.

--- (4) ---

Note— [4] An equivalent fire unit is defined as a 1,500 gallon per minute fire flow demand.

The following service areas are established for each development impact fee element:

The park impact fee service area shall include the entire city, and park impact fees may be expended for park capital facilities located anywhere in the city.

The street impact fee service area shall include the entire city, and street impact fees may be expended for street capital facilities located anywhere in the city.

The police impact fee service area shall include the entire city, and police impact fees may be expended for police capital facilities located anywhere in the city.

The fire district/EMS impact fee service area shall include the entire fire district, which includes the city, and fire district/EMS impact fees may be expended for fire district/EMS capital facilities located anywhere in the fire district.

(Ord. 3729, 8-20-2007; Ord. No. 4891, § 5, 10-6-2025)

Establishment of trust fund and accounts.

A city and the fire district development impact fee trust fund (the "trust funds") are hereby established for the purpose of ensuring that the development impact fees collected pursuant to this chapter are used to address impacts reasonably attributable to new development for which the development impact fees are paid.

The city trust fund shall be divided into four accounts: a parks and recreation capital facilities account, a street capital facilities account, a police capital facilities account, and a fire/EMS capital facilities account.

The fire district trust fund shall be in two fire/EMS capital facilities accounts, one for those funds collected in the city and another for those funds collected in unincorporated Canyon County.

The development impact fee trust funds shall each be maintained in an interest bearing accounts. The interest earned on each account shall not be governed by I.C. § 57-127, but shall be considered funds of the account and shall be subject to the same restrictions on uses of funds as the development impact fees on which the interest is generated.

Monies in each account shall be spent in the order collected, on a first in/first out basis.

Deposit and management of the trust fund.

All city development impact fees collected by the city pursuant to this chapter shall be promptly deposited into the appropriate account in the city trust fund; and all fire district development impact fees collected by the city pursuant to this chapter shall be delivered to the fire district and shall then be promptly deposited into the account in the fire district trust fund.

The city and the fire district shall each maintain accounting records for each account.

As part of its annual audit process, the city and the fire district shall each prepare an annual report: a) describing the amount of all development impact fees collected, appropriated, or spent during the preceding year for each capital improvements element and service area; and b) describing the percentage of taxes and revenues from sources other than development impact fees collected, appropriated or spent for system improvements during the preceding year by capital improvements element and service area.

Limitations on expenditures of fees in accounts.

City park and recreation impact fee. The monies collected from the park and recreation impact fee shall be used only to plan for and acquire or construct park and recreation capital facilities, or to pay debt service on any portion of any future general obligation bond issue or revenue bond issue or similar instrument used to finance the acquisition or construction of park capital facilities within the city, or to reimburse the city for such costs.

City street impact fee. The monies collected from the street impact fee shall be used only to plan for and acquire or construct street capital facilities, or to pay debt service on any portion of any future general obligation bond issue or revenue bond issue or similar instrument used to finance the acquisition or construction of street capital facilities within the city, or to reimburse the city for such costs.

City police impact fee. The monies collected from the police impact fee shall be used only to plan for and acquire or construct police capital facilities, or to pay debt service on any portion of any future general obligation bond issue or revenue bond issue or similar instrument used to finance the acquisition or construction of public safety capital facilities within the city, or to reimburse the city for such costs.

Fire district/EMS impact fee. The monies collected from the fire district/EMS impact fee shall be used only to plan for and acquire or construct fire district/EMS capital facilities, or to pay debt service on any portion of any future general obligation bond issue or revenue bond issue or similar instrument used to finance the acquisition or construction of public safety capital facilities within the city, or to reimburse the city for such costs.

Development impact fees. Development impact fees shall not be used to pay for any purpose that does not involve system improvements that create additional service available to serve new growth and development.

(Ord. 3729, 8-20-2007; Ord. No. 4891, § 6, 10-6-2025)

Duty to refund. Development impact fees shall be refunded to the owner of property for which the development impact fees were paid in the following circumstances:

Service is available but never provided;

A building permit, or permit for installation of a manufactured home, is denied or abandoned;

The fee payer pays a development impact fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the proportionate share to which the governmental entity was entitled to receive; or

The city or the fire district as the case may be has collected a development impact fee and has failed to appropriate or expend the collected fees pursuant to subsection B of this section.

Failure to encumber trust funds or commence construction. Any development impact fees paid shall be refunded if the city or the fire district as the case may be has failed to commence construction of system improvements in accordance with this chapter, or to appropriate funds for such construction, within eight years after the date on which such fee was paid. Any refund due shall be paid to the owner of record of the parcel for which the development impact fees were paid. The city or the fire district as the case may be may hold development impact fees for longer than eight years if it identifies in writing: 1) a reasonable cause why the fees should be held longer than eight years; and 2) an anticipated date by which the fees will be expended, but in no event greater than 11 years from the date they were collected. If the city or the fire district as the case may be complies with the previous sentence, then any development impact fees identified in such writing shall be refunded to the fee payer if the city or the fire district as the case may be has failed to commence construction of system improvements in accordance with this chapter, or to appropriate funds for such construction on or before the date identified in such writing.

No refund due.

Later changes to development. After a development impact fee has been paid pursuant to this chapter and after a certificate of occupancy has been issued, no refund of any part of such fee shall be made if the project for which the fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the project or the number of units in the project.

Interest. Each refund shall include a refund of interest at one-half the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was originally paid.

Timing. The city or the fire district as the case may be shall make a determination of whether a refund is due within 30 days after receipt of a written request for a refund from the owner of record of the property for which the fee was paid. When the right to a refund exists, the city or the fire district as the case may be shall send the refund to the owner of record within 90 days after the city or the fire district as the case may be determines that a refund is due.

Standing. Any person entitled to a refund shall have standing to sue for a refund under the provisions of this chapter if there has not been a timely payment of a refund pursuant to subsections A through E of this section.

(Ord. 3729, 8-20-2007; Ord. No. 4891, § 7, 10-6-2025)

Credits to be issued. When a developer or his or her predecessor in title or interest has constructed system improvements of the same category as a city capital improvements element or a fire district capital improvements element, or contributed or dedicated land or money towards the completion of system improvements of the same category as a city capital improvements element or a fire district capital improvements element, and the city or the fire district as the case may be has accepted such construction, contribution, or dedication, the city shall issue a credit against the development impact fees otherwise due for the same city capital improvements element in connection with the proposed development, as set forth in this section. Credit shall be issued regardless of whether the contribution or dedication to system improvements was required by the city as a condition of development approval or was offered by the developer and accepted by the city in writing, and regardless of whether the contribution or dedication was contributed by the developer or by a local improvement district controlled by the developer.

Limitations. Credits against development impact fees shall not be given for: 1) project improvements, or 2) any construction, contribution, or dedication not agreed to in writing by the city or the fire district as the case may be prior to commencement of the construction, contribution, or dedication. Credits issued for one city capital improvements element may not be used to reduce development impact fees due for a different capital improvements element. No credits shall be issued for system improvements contributed or dedicated prior to the effective date hereof.

Valuation of credit at present value.

Land. Credit for qualifying land dedications shall, at the fee payer's option, be valued at the present value of: a) 100 percent of the most recent assessed value for such land as shown in the records of the county assessor, or b) that fair market value established by a private appraiser acceptable to the city or the fire district as the case may be in an appraisal paid for by the fee payer. In the event that city or the fire district as the case may be and the fee payer cannot agree upon an appraiser, either may petition the district court for appointment of an appraiser.

Improvements. Credit for qualifying acquisition or construction of system improvements shall be valued by the city or the fire district as the case may be at the present value of such improvements based on complete engineering drawings, specifications, and construction cost estimates submitted by the fee payer to the city. The city or the fire district as the case may be shall determine the amount of credit due based on the information submitted, or, if it determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the city or the fire district as the case may be as a more accurate measure of the value of the offered system improvements to the city.

When credits become effective.

Approved credits for land dedications shall become effective when the land has been conveyed to the city or the fire district as the case may be in a form acceptable to the city at no cost to the city or the fire district as the case may be, and has been accepted by the city or the fire district as the case may be. When such conditions have been met, the city or the fire district as the case may be shall note that fact in its records. Upon request of the fee payer, the city or the fire district as the case may be shall issue a letter stating the amount of credit available.

Approved credits for acquisition or construction of system improvements shall generally become effective when: a) all required construction has been completed and has been accepted by the city or the fire district as the case may be, b) a suitable maintenance and warranty bond has been received and approved by the city or the fire district as the case may be, and c) all design, construction, inspection, testing, bonding, and acceptance procedures have been completed in compliance with all applicable requirements of the city or the fire district as the case may be and the State of Idaho. Approved credits for the construction of system improvements may become effective at an earlier date if the fee payer posts security in the form of a performance bond, irrevocable letter of credit, or escrow agreement and the amount and terms of such security are accepted by the development impact fee administrator or a designee. At a minimum, such security must be in the amount of the approved credit or an amount determined to be adequate to allow the city or the fire district as the case may be to construct the system improvements for which the credit was given, whichever is higher. When such conditions have been met, the city or the fire district as the case may be shall note that fact in its records. Upon request of the fee payer, the city or the fire district as the case may be, shall issue a letter stating the amount of credit available.

Application procedures.

In order to obtain a credit against development impact fees otherwise due, a fee payer shall submit a written offer to dedicate to the development impact fee administrator or a designee for specific parcels of qualifying land or a written offer to contribute or construct specific system improvements to the city capital facilities or the fire district capital facilities as the case may be in accordance with all applicable state, city and fire district design and construction standards, and shall specifically request a credit against the type of development impact fees for which the land dedication or system improvement is offered. No request for a credit against development impact fees shall be accepted unless a written offer to dedicate, contribute, or construct has previously been approved in writing by the city or the fire district as the case may be.

After receipt of the request for credit, the development impact fee administrator or a designee shall review the request and determine whether the land or system improvements offered for credit will reduce the costs of providing city capital facilities or the fire district capital facilities as the case may be by an amount at least equal to the value of the credit. If the development impact fee administrator or a designee determines that the offered credit satisfies that criterion, then the credit shall be issued. The city or the fire district as the case may be shall complete its review and determination of an application for credit within 30 days after receipt of an application for credit.

Transferability of credit. A credit may only be transferred by the fee payer that has received the credit to a successor in interest pursuant to the terms of this chapter. The credit may be used only to offset development impact fees for the same city capital improvements element or the fire district capital facilities element as the case may be for which the credit was issued. Credits shall be transferred by any written instrument clearly identifying which credits issued under this chapter are being transferred, the dollar amount of the credit being transferred, and the city capital improvements element or the fire district capital facilities as the case may be for which the credit was issued. The instrument of transfer shall be signed by both the transferor and transferee, and a copy of the document shall be delivered to the development impact fee administrator or a designee for documentation of the change in ownership before it shall become effective.

Accounting of credits. Each time a request to use approved credits is presented to the city or the fire district capital facilities as the case may be, the city shall reduce the amount of the development impact fees for the type of fee for which the credit is provided, and it shall be noted in the city's or fire district's records as the case may be the amount of credit remaining, if any. Upon request of the fee payer or successor in interest to whom the credit was issued, the city or the fire district as the case may be shall issue a letter stating the amount of credit remaining.

Credits exceeding fee amounts due. If the credit due to a fee payer pursuant to subsections A through G of this section exceeds the development impact fee that would otherwise be due from the fee payer pursuant to section 3-7-5 of this chapter (whether calculated through the fee table in section 3-7-5 of this chapter or through an independent assessment), the fee payer may choose to receive such credit in the form of either: 1) a credit against future development impact fees due for the same capital improvements element, or 2) a reimbursement from development impact fees paid by future development that impacts the system improvements contributed or dedicated by the fee payer. Unless otherwise stated in an agreement with the fee payer, the city or the fire district as the case may be shall be under no obligation to use any of their funds, other than development impact fees paid by other development for the same city capital improvements element, or the fire district capital improvements element as the case may be to reimburse the fee payer for any credit in excess of development impact fees due.

Written agreement required. If credit or reimbursement is due to the fee payer pursuant to this section, the city or the fire district as the case may be shall enter into a written agreement with the fee payer, negotiated in good faith, prior to the contribution, dedication, or funding of the system improvements giving rise to the credit. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement, and shall have a term not exceeding ten years.

(Ord. 3729, 8-20-2007; Ord. No. 4891, § 8, 10-6-2025)

Disputes regarding decisions made in the application of this chapter shall be resolved through appeal to the city council, or through mediation, as set forth below:

Right to appeal.

Any fee payer that is or may be obligated to pay a development impact fee, or that claims a right to receive a refund, reimbursement, or credit under this chapter, and who is dissatisfied with a decision made by the development impact fee administrator or a designee in applying this chapter, shall first request that the development impact fee administrator reconsider the decision. A fee payer requesting reconsideration shall state in writing to the development impact fee administrator the reasons why the fee payer believes the decision to be in error. The development impact fee administrator shall issue a written decision confirming or modifying the decision within 15 days of receipt of a written request for reconsideration.

Any fee payer that is dissatisfied with the decision of the development impact fee administrator upon reconsideration pursuant to subsection A.1. of this section, may appeal such decision by the city impact fee administrator to the city council; and may appeal such decision by the fire district impact fee administrator to the fire district commissioners. The fee payer shall have the burden of proving by clear and convincing evidence that the decision was in error.

In order to pursue the appeal described in subsection A.2. of this section, the fee payer shall file a written notice of the appeal with the city development impact fee administrator or the fire district development impact fee administrator, as the case may be, or a their designee within 30 days after the date of the reconsideration, or the date on which the fee payer submitted a payment of development impact fees under protest, whichever is later. Such written application shall include a statement describing why the fee payer believes that the decision was in error, together with copies of any documents that the fee payer believes support the claim.

The city council or the fire district commissioners, as the case may be, shall hear the appeal within 60 days after receipt of a written notice of appeal. The fee payer shall have a right to be present and to present evidence in support of the appeal. The development impact fee administrator or designee who made the decision under appeal shall likewise have the right to be present and to present evidence in support of the decision. The criteria to be used by the city council or the fire district commissioners, as the case may be in considering the appeal shall be whether: a) the decision or interpretation made by the development impact fee administrator after reconsideration, or b) the alternative decision or interpretation offered by the fee payer more accurately reflects the proportionate share of the costs of system improvements to city capital facilities necessary to serve new development and whether this chapter has been correctly applied. The city council or the fire district commissioners, as the case may be shall issue a decision upholding, reversing, or modifying the decision being appealed within 30 days after hearing the appeal.

A fee payer may file a written notice of the appeal of the fire district commissioners' decision to the city council with the fire district development impact fee administrator within 30 days after the date of the decision. The notice of appeal to the city council shall include a statement describing why the fee payer believes that the fire district commissioners' decision was in error, together with copies of any documents, that are not included in the record of proceeds on appeal to the fire district commissioners that the fee payer beliefs support the claim. The fire district development impact fee administrator shall then retain a copy of the notice of appeal to the city council and transmit the original to the city clerk and a copy to the city impact fee administrator. The process of the appeal to the city council shall then proceed in accordance with subsection A.4. of this section.

Mediation.

Any fee payer that has a disagreement with the city or the fire district, as the case may be, regarding a development impact fee that is or may be due for a proposed development pursuant to this chapter, may enter into a voluntary agreement with the city or the fire district, as the case may be, to subject the disagreement to mediation by a qualified independent party acceptable to both the fee payer and the city.

Mediation may take place at any time following the filing of a timely appeal pursuant to this section, or as an alternative to such appeal, provided that the request for mediation is filed no later than the last date on which a timely appeal could be filed pursuant to subsection A of this section.

Participation in mediation does not preclude the fee payer from pursuing other remedies provided for in subsection A of this section.

If mediation is requested, any related mediation costs shall be shared equally by the fee payer and the city or the fire district, as the case may be, and a written agreement regarding the payment of such costs shall be executed prior to the commencement of mediation.

In the event that mediation does not resolve the issues between the parties, the fee payer retains all rights to seek relief from a court of competent jurisdiction.

(Ord. 3729, 8-20-2007; Ord. No. 4891, § 9, 10-6-2025)

When any development impact fee is due pursuant to the terms of this chapter, or pursuant to the terms of any written agreement between a fee payer and the city or the fire district, as the case may be authorized by this chapter, and such fee has not been paid in a timely manner, the city may exercise any or all of the following powers, in any combination, to enforce the collection of the fee:

The city may withhold building permits or other development approvals related to the development for which the fee is due until all development impact fees due have been paid.

The city may withhold utility services from the development for which the fee is due until all development impact fees due have been paid.

The city may add to the amount of the fee interest at the legal rate provided for in Idaho Code section 28-22-104 from the date on which the fee was due.

The city may impose liens for failure to timely pay a development impact fee following procedures contained in Idaho Code chapter 5, title 45.

(Ord. 3729, 8-20-2007; Ord. No. 4891, § 10, 10-6-2025)

Nothing in this chapter 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.

Nothing in this chapter shall obligate the city to approve any development request that may reasonably be expected to reduce levels of service below minimum acceptable levels established in the development impact fee study.

Nothing in this chapter shall restrict or diminish the power of the city:

To impose reasonable conditions on the annexation of any property to the city in accordance with Idaho Code, including conditions for recovery of project or system improvement costs required as a result of such voluntary annexation; or

To negotiate and execute development agreements that may impose additional conditions on development, including the recovery of project or system improvement costs, either in connection with a proposed annexation or in connection with any other development within the city.

Notwithstanding any other provision of this chapter, that portion of a project for which a complete application for a building permit has been received by the city prior to the effective date hereof shall not be subject to the development impact fees imposed by this chapter. If the resulting building permit is later revised or replaced after the effective date hereof, and the new building permit reflects a development density, intensity, or number of units more than ten percent higher than that reflected in the original building permit, then development impact fees may be charged on the difference in density, intensity, or number of units between the original and the revised or replacement building permit.

Nothing in this chapter shall restrict the city from requiring fee payer or an applicant for a development approval or building permit to construct reasonable project improvements required to serve the applicant's project, provided that such request does not duplicate a system improvement in a category for which costs were included in the development impact fee study.

Any monies, including any accrued interest not assigned to specific system improvements within such capital improvements program and not expended pursuant to section 3-7-7 of this chapter or refunded pursuant to section 3-7-8 of this chapter shall be retained in the same account until the next fiscal year.

The city shall be entitled to collect and retain a surcharge of $25.00 per residential unit and $0.02 per square foot for commercial/nonresidential building for each development impact fee collected in order to recoup that portion of the cost of preparing the capital improvements plan that is attributable to determining the development impact. Such surcharge does not exceed each development's proportionate share of the cost of preparing the plan.

If the city or the fire district, as the case may be, discovers an error in the development impact fee study that results in assessment or payment of more than a proportionate share of system improvement costs on any proposed development, the city or the fire district, as the case may be, shall:

Adjust the development impact fee to collect no more than a proportionate share; or

Discontinue the collection of any development impact fees until the error is corrected by ordinance.

If development impact fees are calculated and paid based on a mistake or misrepresentation, they shall be recalculated. Any amounts overpaid by a fee payer shall be refunded by the city or the fire district, as the case may be, within 30 days after the city's or the fire district, as the case may be, acceptance of the recalculated amount, with interest at the legal rate provided for in I.C. § 28-22-104 from the date on which the fee was paid. Any amounts underpaid by the fee payer shall be paid to the city or the fire district, as the case may be. within 30 days after the city's or the fire district, as the case may be, acceptance of the recalculated amount, with interest at the legal rate provided for in I.C. § 28-22-104 from the date on which the fee was paid. In the case of an underpayment to the city or the fire district, as the case may be, the city may withhold issuance of building permits or development approvals for the project for which the development impact fee was paid until such underpayment is corrected, and if amounts owed to the city or the fire district, as the case may be, are not paid within such 30 day period, the city may also repeal any building permits or development approvals issued in reliance on the previous payment of such development impact fee and refund such fee to the fee payer.

The requirements for the development impact fee advisory committee (DIFAC) shall be regulated by title 2 chapter 17 of this Code.

The city council shall consider the development impact fee advisory committee's recommended revision(s) to this chapter at least once every 12 months. The committee's recommendations and the city council's actions are intended to ensure that the benefits to a fee paying development are equitable, in that the fee charged to the development shall not exceed a proportionate share of the costs of system improvements, and the procedures for administering development impact fees remain efficient.

Nothing in this chapter shall be construed to prevent or prohibit private agreements between developers, the city, the fire district, the Idaho Transportation Department, and/or 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 or fee payer, including interproject transfers of credits, or providing for reimbursement for project improvements that are used or shared by more than one 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 allocation of development impact fees collected from the developer or fee payer for the improvement of the public facility by the Idaho Transportation Department.

Violation of this chapter shall be a misdemeanor and shall be subject to those remedies provided in section 1-1-7 of this Code. Knowingly furnishing false information to any official of the city or the fire district, as the case may be, charged with the administration of this chapter on any matter relating to the administration of this chapter, including, without limitation, the furnishing of false information regarding the expected size, use, or impacts from a proposed development, shall be a violation of this chapter.

Annual inflationary adjustment. On July 1 of each calendar year, all city impact fees will be adjusted to account for year over year inflation increases. The percentage increase from the two adopted cost indexes will be based on a 12-month period, starting on April 1 of the prior year, and ending on March 31 of the same year as the associated fee increase. The police and parks impact fees will be adjusted using the Construction Cost Index (CCI) prepared by Engineering News Record. This index measures the cost of construction materials and labor and is distinctly different from the Consumer Price Index. Streets and utility impact fees will be adjusted according to the Producer Price Index (PPI — West) produced by the U.S. Bureau of Labor Statistics.

(Ord. 3729, 8-20-2007; Ord. 4323, 7-3-2017; Ord. No. 4572, § 1, 5-17-2021; Ord. No. 4665, § 4, 4-18-2022; Ord. No. 4737, §§ 1, 2, 6-5-2023; Ord. No. 4891, § 11, 10-6-2025)

Sections:

The use of electric power franchise fees is limited to capital maintenance, capital improvements and/or downtown projects.

(Ord. 3981, 9-19-2011)

Source: library.municode.com — public domain Official Source ↗

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◈ Machine-Readable Provenance Record boisestandard.org · municipal corpus

Federation ID

bs-mun-nam-b5bc8505e601b0fc

Node ID

TIT3GESE

Domain Signature

boisestandard.org

Jurisdiction

Nampa, Idaho — United States

City

Nampa

County

Canyon County

Code

Code of Ordinances

Source Verified

✓ TRUE

Source

Municode — library.municode.com

Semantic Edges

Pending — corpus passes queued

Navigate — Nampa Code of Ordinances

← TITLE 2 - ADMINISTRATION, COMMISSIONS AND BOARDS TITLE 4 - BUILDING REGULATIONS →

Nearby Sections

CODE OF ORDINANCES CITY OF NAMPA, IDAHO SUPPLEMENT HISTORY TABLE TITLE 1 - GENERAL CODE PROVISIONS TITLE 2 - ADMINISTRATION, COMMISSIONS AN TITLE 3 - GENERAL SERVICES TITLE 4 - BUILDING REGULATIONS TITLE 5 - BUSINESS LICENSES TITLE 6 - POLICE REGULATIONS TITLE 7 - TRAFFIC REGULATIONS TITLE 8 - WATER AND SEWER REGULATIONS TITLE 9 - PUBLIC WAYS AND PROPERTY TITLE 10 - PLANNING AND ZONING CODE COMPARATIVE TABLE - LEGISLATION

Nampa Code of Ordinances — public domain ← Nampa Code Index