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.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 82 - DEVELOPMENT IMPACT FEES
Section 67-8201 - SHORT TITLE.
Section 67-8203 - DEFINITIONS.
Section 67-8204 - MINIMUM STANDARDS AND REQUIREMENTS FOR DEVELOPMENT IMPACT FEES ORDINANCES.
Section 67-8204A - INTERGOVERNMENTAL AGREEMENTS.
Section 67-8205 - DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE.
Section 67-8206 - PROCEDURE FOR THE IMPOSITION OF DEVELOPMENT IMPACT FEES.
Section 67-8207 - PROPORTIONATE SHARE DETERMINATION.
Section 67-8208 - CAPITAL IMPROVEMENTS PLAN.
Section 67-8210 - EARMARKING AND EXPENDITURE OF COLLECTED DEVELOPMENT IMPACT FEES.