T67CH82

Title 67 > T67CH82

Sections (17)

67-8201

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8201. Short title. This chapter shall be known and may be cited as the Idaho Development Impact Fee Act. History: [67-8201, added 1992, ch. 282, sec. 1, p. 861.]

67-8202

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8202. Purpose. The legislature finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the state of Idaho. It is the intent by enactment of this chapter to: (1) Ensure that adequate public facilities are available to serve new growth and development; (2) 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; (3) Establish minimum standards for the adoption of development impact fee ordinances by governmental entities; (4) Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development requirements; and (5) Empower governmental entities which are authorized to adopt ordinances to impose development impact fees. History: [67-8202, added 1992, ch. 282, sec. 1, p. 861.]

67-8203

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8203. Definitions. As used in this chapter: (1) Affordable housing means housing affordable to families whose incomes do not exceed eighty percent (80%) of the median income for the service area or areas within the jurisdiction of the governmental entity. (2) Appropriate means to legally obligate by contract or otherwise commit to use by appropriation or other official act of a governmental entity. (3) Capital improvements means improvements with a useful life of ten (10) years or more, by new construction or other action, which increase the service capacity of a public facility. (4) Capital improvement element means a component of a comprehensive plan adopted pursuant to chapter 65, title 67 , Idaho Code, which component meets the requirements of a capital improvements plan pursuant to this chapter. (5) Capital improvements plan means a plan adopted pursuant to this chapter that identifies capital improvements for which development impact fees may be used as a funding source. (6) Developer means any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to sections 50-1301 through 50-1334 , Idaho Code. (7) Development means any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for public facilities or the subdivision of property that would permit any change in the use, character or appearance of land. As used in this chapter, development shall not include activities that would otherwise be subject to payment of the development impact fee if such activities are undertaken by a taxing district, as defined in section 63-201 , Idaho Code, or by an authorized public charter school, as defined in section 33-5202A , Idaho Code, in the course of carrying out its statutory responsibilities, unless the adopted impact fee ordinance expressly includes taxing districts or public charter schools as being subject to development impact fees. (8) Development approval means any written authorization from a governmental entity that authorizes the commencement of a development. (9) Development impact fee means a payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. This term is also referred to as an impact fee in this chapter. The term does not include the following: (a) A charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development; (b) Connection or hookup charges; (c) Availability charges for drainage, sewer, water, or transportation charges for services provided directly to the development; or (d) Amounts collected from a developer in a transaction in which the governmental entity has incurred expe

67-8204

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8204. Minimum standards and requirements for development impact fees ordinances. Governmental entities which comply with the requirements of this chapter may impose by ordinance development impact fees as a condition of development approval on all developments. (1) A development impact fee shall not exceed a proportionate share of the cost of system improvements determined in accordance with section 67-8207 , Idaho Code. Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs. (2) A development impact fee shall be calculated on the basis of levels of service for public facilities adopted in the development impact fee ordinance of the governmental entity that are applicable to existing development as well as new growth and development. The construction, improvement, expansion or enlargement of new or existing public facilities for which a development impact fee is imposed must be attributable to the capacity demands generated by the new development. (3) A development impact fee ordinance shall specify the point in the development process at which the development impact fee shall be collected. The development impact fee may be collected no earlier than the commencement of construction of the development, or the issuance of a building permit or a manufactured home installation permit, or as may be agreed by the developer and the governmental entity. (4) A development impact fee ordinance shall be adopted in accordance with the procedural requirements of section 67-8206 , Idaho Code. (5) A development impact fee ordinance shall include a process whereby the governmental agency shall allow the developer, upon request by the developer, to provide a written individual assessment of the proportionate share of development impact fees under the guidelines established by this chapter which shall be set forth in the ordinance. The individual assessment process shall permit consideration of studies, data, and any other relevant information submitted by the developer to adjust the amount of the fee. The decision by the governmental agency on an application for an individual assessment shall include an explanation of the calculation of the impact fee, including an explanation of factors considered under section 67-8207 , Idaho Code, and shall specify the system improvement(s) for which the impact fee is intended to be used. (6) A development impact fee ordinance shall provide a process whereby a developer shall receive, upon request, a written certification of the development impact fee schedule or individual assessment for a particular project, which 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. The certification shall include an explanation of the calculation of the impact fee inc

67-8204A

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8204A. Intergovernmental agreements. Governmental entities as defined in section 67-8203 (14), Idaho Code, that are jointly affected by development are authorized to enter into intergovernmental agreements with each other or with highway districts, fire districts, ambulance districts, water districts, sewer districts, recreational water and sewer districts, or irrigation districts for the purpose of developing joint plans for capital improvements or for the purpose of agreeing to collect and expend development impact fees for system improvements, or both, provided that such agreement complies with any applicable state laws. Governmental entities are also authorized to enter into agreements with the Idaho transportation department for the expenditure of development impact fees pursuant to a developer’s agreement under section 67-8214 , Idaho Code. History: [67-8204A, added 1996, ch. 366, sec. 3, p. 1232; am. 2007, ch. 167, sec. 1, p. 496; am. 2021, ch. 95, sec. 1, p. 325.]

67-8205

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8205. Development impact fee advisory committee. (1) Any governmental entity that is considering or that has adopted a development impact fee ordinance shall establish a development impact fee advisory committee as provided in this section. (2)(a) The development impact fee advisory committee shall be composed of not fewer than five (5) members appointed by the governing authority of the governmental entity or as the members’ appointments are provided for in an intergovernmental agreement. (b) Two (2) or more members shall be active in the business of development, building, or real estate. An existing planning or planning and zoning commission may serve as the development impact fee advisory committee if the commission includes two (2) or more members who are active in the business of development, building, or real estate. Two (2) members who are not employees or officials of a governmental entity shall also be appointed to the committee. (c) New appointments and reappointments to a committee on and after July 1, 2023, must also comply with the provisions of this paragraph. All members must reside within the boundaries of the service area. Employees or officials acting in their official capacity for a governmental entity may not be appointed as members of the committee. An existing planning or planning and zoning commission may serve as the development impact fee advisory committee for the governing authority if the commission includes two (2) or more members who are active in the business of development, building, or real estate and two (2) or more members who are not in such business; otherwise, two (2) such members who are not employees or officials of a governmental entity shall be appointed to the committee until the membership requirements of this subsection are met. (3) Intergovernmental agreements between governmental entities and districts identified in section 67-8204A , Idaho Code, shall provide for the establishment of a development impact fee advisory committee, and the nomination and membership of such committee shall be in compliance with the provisions of this section. (4) The development impact fee advisory committee shall serve in an advisory capacity and is established to: (a) Assist the governmental entity in adopting land use assumptions; (b) Review the capital improvements plan, and proposed amendments, and file written comments; (c) Monitor and evaluate implementation of the capital improvements plan; (d) File periodic reports, at least annually, with respect to the capital improvements plan and report to the governmental entity any perceived inequities in implementing the plan or imposing the development impact fees; and (e) Advise the governmental entity of the need to update or revise land use assumptions, the capital improvements plan, and development impact fees. (5) The governmental entity shall make available to the advisory committee,

67-8206

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8206. Procedure for the imposition of development impact fees. (1) A development impact fee shall be imposed by a governmental entity in compliance with the provisions set forth in this section. (2) A capital improvements plan shall be developed in coordination with the development impact fee advisory committee utilizing the land use assumptions most recently adopted by the appropriate land use planning agency or agencies. (3) A governmental entity that seeks to consider adoption, amendment, or repeal of a capital improvements plan shall hold at least one (1) public hearing. The governmental entity shall publish a notice of the time, place and purpose of the hearing or hearings not fewer than fifteen (15) nor more than thirty (30) days before the scheduled date of the hearing, in a newspaper of general circulation within the jurisdiction of the governmental entity. Such notices shall also include a statement that the governmental entity shall make available to the public, upon request, the following: proposed land use assumptions, a copy of the proposed capital improvements plan or amendments thereto, and a statement that any member of the public affected by the capital improvements plan or amendments shall have the right to appear at the public hearing and present evidence regarding the proposed capital improvements plan or amendments. The governmental entity shall send notice of the intent to hold a public hearing by mail to any person who has requested in writing notification of the hearing date at least fifteen (15) days prior to the hearing date, provided that the governmental entity may require that any person making such request renew the request for notification, not more frequently than once each year, in accordance with a schedule determined by the governmental entity, in order to continue receiving such notices. (4) If the governmental entity makes a material change in the capital improvements plan or amendment, further notice and hearing may be provided before the governmental entity adopts the revision if the governmental entity makes a finding that further notice and hearing are required in the public interest. (5) Either following or concurrently with adoption of the initial or amended capital improvements plan, a governmental entity shall conduct a public hearing to consider adoption of an ordinance authorizing the imposition of development impact fees or any amendment thereof. Notice of the hearing shall be provided in the same manner as set forth in subsection (3) of this section for adoption of a capital improvements plan, and such hearing, at the option of the governmental entity, may be combined with the public hearing held to adopt, amend or repeal the capital improvements plan. (6) Nothing contained in this section shall be construed to alter the procedures for adoption of an ordinance by the governmental entity. Provided, however, a developme

67-8207

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8207. Proportionate share determination. (1) All development impact fees shall be based on a reasonable and fair formula or method under which the development impact fee imposed does not exceed a proportionate share of the costs incurred or to be incurred by the governmental entity in the provision of system improvements to serve the new development. The proportionate share is the cost attributable to the new development after the governmental entity considers the following: (i) any appropriate credit, offset or contribution of money, dedication of land, or construction of system improvements; (ii) payments reasonably anticipated to be made by or as a result of a new development in the form of user fees and debt service payments; (iii) that portion of general tax and other revenues allocated by the jurisdiction to system improvements; and (iv) all other available sources of funding such system improvements. (2) In determining the proportionate share of the cost of system improvements to be paid by the developer, the following factors shall be considered by the governmental entity imposing the development impact fee and accounted for in the calculation of the impact fee: (a) The cost of existing system improvements within the service area or areas; (b) The means by which existing system improvements have been financed; (c) The extent to which the new development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions. (d) The extent to which the new development is required to contribute to the cost of existing system improvements in the future. (e) The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas; (f) Extraordinary costs, if any, incurred in serving the new development; (g) The time and price differential inherent in a fair comparison of fees paid at different times; and (h) The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation. The governmental entity shall develop a plan for alternative sources of revenue. History: [67-8207, added 1992, ch. 282, sec. 1, p. 869; am. 1996, ch. 366, sec. 4, p. 1233; am. 2002, ch. 347, sec. 3, p. 989.]

67-8208

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8208. Capital improvements plan. (1) Each governmental entity intending to impose a development impact fee shall prepare a capital improvements plan. That portion of the cost of preparing a capital improvements plan which is attributable to determining the development impact fee may be funded by a one (1) time ad valorem levy which does not exceed two one-hundredths percent (.02%) of market value or by a surcharge imposed by ordinance on the collection of a development impact fee which surcharge does not exceed the development’s proportionate share of the cost of preparing the plan. For governmental entities required to undertake comprehensive planning pursuant to chapter 65, title 67 , Idaho Code, such capital improvements plan shall be prepared and adopted according to the requirements contained in the local planning act, section 67-6509 , Idaho Code, and shall be included as an element of the comprehensive plan. The capital improvements plan shall be prepared by qualified professionals in fields relating to finance, engineering, planning and transportation. The persons preparing the plan shall consult with the development impact fee advisory committee. The capital improvements plan shall contain all of the following: (a) A general description of all existing public facilities and their existing deficiencies within the service area or areas of the governmental entity and a reasonable estimate of all costs and a plan to develop the funding resources related to curing the existing deficiencies including, but not limited to, the upgrading, updating, improving, expanding or replacing of such facilities to meet existing needs and usage; (b) A commitment by the governmental entity to use other available sources of revenue to cure existing system deficiencies where practical; (c) An analysis of the total capacity, the level of current usage, and commitments for usage of capacity of existing capital improvements, which shall be prepared by a qualified professional planner or by a qualified engineer licensed to perform engineering services in this state; (d) A description of the land use assumptions by the government entity; (e) A definitive table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of system improvements and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial, agricultural and industrial; (f) A description of all system improvements and their costs necessitated by and attributable to new development in the service area based on the approved land use assumptions, to provide a level of service not to exceed the level of service adopted in the development impact fee ordinance; (g) The total number of service units necessitated by and attributable to new development within the service area based on th

67-8209

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8209. Credits. (1) In the calculation of development impact fees for a particular project, credit or reimbursement shall be given for the present value of any construction of system improvements or contribution or dedication of land or money required by a governmental entity from a developer for system improvements of the category for which the development impact fee is being collected, including such system improvements paid for pursuant to a local improvement district. Credit or reimbursement shall not be given for project improvement. (2) In the calculation of development impact fees for a particular project, credit shall be given for the present value of all tax and user fee revenue generated by the developer, within the service area where the impact fee is being assessed and used by the governmental agency for system improvements of the category for which the development impact fee is being collected. If the amount of credit exceeds the proportionate share for the particular project, the developer shall receive a credit on future impact fees for the amount in excess of the proportionate share. The credit may be applied by the developer as an offset against future impact fees only in the service area where the credit was generated. (3) If a developer is required to construct, fund or contribute system improvements in excess of the development project’s proportionate share of system improvement costs, including such system improvements paid for pursuant to a local improvement district, the developer shall receive a credit on future impact fees or be reimbursed at the developer’s choice for such excess construction, funding or contribution from development impact fees paid by future development which impacts the system improvements constructed, funded or contributed by the developer(s) or fee payer. (4) If credit or reimbursement is due to the developer pursuant to this section, the governmental entity shall enter into a written agreement with the fee payer, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement. History: [67-8209, added 1992, ch. 282, sec. 1, p. 871; am. 1996, ch. 366, sec. 6, p. 1235; am. 1999, ch. 291, sec. 10, p. 730; am. 2002, ch. 347, sec. 5, p. 991.]

67-8210

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8210. Earmarking and expenditure of collected development impact fees. (1) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one (1) or more interest-bearing accounts within the capital projects fund. Accounting records shall be maintained for each category of system improvements and the service area in which the fees are collected. Interest earned on development impact fees shall be considered funds of the account on which it is earned, and not funds subject to section 57-127 , Idaho Code, and shall be subject to all restrictions placed on the use of development impact fees under the provisions of this chapter. (2) Expenditures of development impact fees shall be made only for the category of system improvements and within or for the benefit of the service area for which the development impact fee was imposed as shown by the capital improvements plan and as authorized in this chapter. Development impact fees shall not be used for any purpose other than system improvement costs to create additional improvements to serve new growth. (3) As part of its annual audit process, a governmental entity shall prepare an annual report: (a) Describing the amount of all development impact fees collected, appropriated, or spent during the preceding year by category of public facility and service area; and (b) Describing the percentage of tax and revenues other than impact fees collected, appropriated or spent for system improvements during the preceding year by category of public facility and service area. (4) Collected development impact fees must be expended within eight (8) years from the date they were collected, on a first-in, first-out (FIFO) basis, except that the development impact fees collected for wastewater collection, treatment and disposal and drainage facilities must be expended within twenty (20) years. Any funds not expended within the prescribed times shall be refunded pursuant to section 67-8211 , Idaho Code. A governmental entity may hold the fees for longer than eight (8) years if it identifies, in writing: (a) A reasonable cause why the fees should be held longer than eight (8) years; and (b) An anticipated date by which the fees will be expended but in no event greater than eleven (11) years from the date they were collected. History: [67-8210, added 1992, ch. 282, sec. 1, p. 871; am. 1996, ch. 366, sec. 7, p. 1236; am. 2002, ch. 347, sec. 6, p. 992; am. 2006, ch. 321, sec. 2, p. 1020.]

67-8211

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8211. Refunds. (1) Any governmental entity which adopts a development impact fee ordinance shall provide for refunds upon the request of an owner of property on which a development impact fee has been paid if: (a) Service is available but never provided; (b) A building permit or permit for installation of a manufactured home is denied or abandoned; (c) The governmental entity, after collecting the fee when service is not available, has failed to appropriate and expend the collected development impact fees pursuant to section 67-8210 (4), Idaho Code; or (d) The fee payer pays a 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. (2) When the right to a refund exists, the governmental entity is required to send a refund to the owner of record within ninety (90) days after it is determined by the governmental entity that a refund is due. (3) A refund shall include a refund of interest at one-half (1/2) the legal rate provided for in section 28-22-104 , Idaho Code, from the date on which the fee was originally paid. (4) 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 subsection (2) of this section. History: [67-8211, added 1992, ch. 282, sec. 1, p. 872; am. 2002, ch. 347, sec. 7, p. 993.]

67-8212

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8212. Appeals. (1) A governmental entity which adopts a development impact fee ordinance shall provide for administrative appeals by the developer or fee payer from any discretionary action or inaction by or on behalf of the governmental entity. (2) A fee payer may pay a development impact fee under protest in order to obtain a development approval or building permit. A fee payer making such payment shall not be estopped from exercising the right of appeal provided in this chapter, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected. (3) A governmental entity which adopts a development impact fee ordinance shall provide for mediation by a qualified independent party, upon voluntary agreement by the fee payer and the governmental entity, to address a disagreement related to the impact fee for proposed development. The ordinance shall provide that mediation may take place at any time during the appeals process and participation in mediation does not preclude the fee payer from pursuing other remedies provided for in this section. The ordinance shall provide that mediation costs will be shared equally by the fee payer and the governmental entity. History: [67-8212, added 1992, ch. 282, sec. 1, p. 872; am. 1996, ch. 366, sec. 8, p. 1236.]

67-8213

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8213. Collection. A governmental entity may provide in a development impact fee ordinance the means for collection of development impact fees, including, but not limited to: (1) Additions to the fee for reasonable interest and penalties for non-payment or late payment; (2) Withholding of the building permit or other governmental approval until the development impact fee is paid; (3) Withholding of utility services until the development impact fee is paid; and (4) Imposing liens for failure to timely pay a development impact fee following procedures contained in chapter 5, title 45 , Idaho Code. A governmental entity that discovers an error in its impact fee formula that results in assessment or payment of more than a proportionate share shall, at the time of assessment on a case by case basis, adjust the fee to collect no more than a proportionate share or discontinue the collection of any impact fees until the error is corrected by ordinance. History: [67-8213, added 1992, ch. 282, sec. 1, p. 872; am. 2002, ch. 347, sec. 8, p. 993.]

67-8214

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8214. Other powers and rights not affected. (1) Nothing in this chapter shall prevent a governmental entity from requiring a developer to construct reasonable project improvements in conjunction with a development project. (2) Nothing in this chapter shall be construed to prevent or prohibit private agreements between property owners or developers, the Idaho transportation department and governmental entities in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer including interproject transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one (1) development project. If it can be shown that a proposed development has a direct impact on a public facility under the jurisdiction of the Idaho transportation department, then the agreement shall include a provision for the allocation of impact fees collected from the developer for the improvement of the public facility by the Idaho transportation department. (3) Nothing in this chapter shall obligate a governmental entity to approve development which results in an extraordinary impact. (4) Nothing in this chapter shall obligate a governmental entity to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels established in the development impact fee ordinance. (5) Nothing in this chapter shall be construed to create any additional right to develop real property or diminish the power of counties or cities in regulating the orderly development of real property within their boundaries. (6) Nothing in this chapter shall work to limit the use by governmental entities of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues. (7) Nothing herein shall restrict or diminish the power of a governmental entity to annex property into its territorial boundaries or exclude property from its territorial boundaries upon request of a developer or owner, or to impose reasonable conditions thereon, including the recovery of project or system improvement costs required as a result of such voluntary annexation. History: [67-8214, added 1992, ch. 282, sec. 1, p. 873; am. 1996, ch. 366, sec. 9, p. 1237.]

67-8215

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8215. Transition. (1) The provisions of this chapter shall not be construed to repeal any existing laws authorizing a governmental entity to impose fees or require contributions or property dedications for capital improvements. All ordinances imposing development impact fees shall be brought into conformance with the provisions of this chapter within one (1) year after the effective date of this chapter. Impact fees collected and developer agreements entered into prior to the expiration of the one (1) year period shall not be invalid by reason of this chapter. After adoption of a development impact fee ordinance, in accordance with the provisions of this chapter, notwithstanding any other provision of law, development requirements for system improvements shall be imposed by governmental entities only by way of development impact fees imposed pursuant to and in accordance with the provisions of this chapter. (2) Notwithstanding any other provisions of this chapter, that portion of a project for which a valid building permit has been issued or construction has commenced prior to the effective date of a development impact fee ordinance shall not be subject to additional development impact fees so long as the building permit remains valid or construction is commenced and is pursued according to the terms of the permit or development approval. History: [67-8215, added 1992, ch. 282, sec. 1, p. 873.]

67-8216

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 82 DEVELOPMENT IMPACT FEES 67-8216. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter. History: [67-8216, added 1992, ch. 282, sec. 1, p. 873.]