HomeMy WebLinkAbout16- Ordinance 1915 Amending Section 38.39.070 to Authorize Payment of Cash In-Lieu of Capital Facilities to Satisfy Requirements of the Municipal Code Under Defined Circumstances ���Jh'Co.tl►p�T��
ORDINANCE NO. 1915
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA AMENDING SECTION 38.39.070, BOZEMAN
MUNICIPAL CODE,TO AUTHORIZE PAYMENT OF CASH IN-LIEU OF
CAPITAL FACILITIES TO SATISFY REQUIREMENTS OF THE
MUNICIPAL CODE UNDER DEFINED CIRCUMSTANCES.
WHEREAS, The City of Bozeman (the "City") is authorized by the City Charter and
Montana law to regulate the subdivision of land to promote public health, safety and welfare and
otherwise execute the purposes of Sections 76-3-102 and 76-3-501, MCA; and
WHEREAS,The City is authorized by the City Charter and Montana law to adopt zoning
regulations and provide for the enforcement and administration of zoning regulations and
otherwise reasonably provide for the intentions of Section 76-2-304, MCA; and
WHEREAS, The City has had land development regulations since at least 1934 and has
amended them from time to time to respond to changes in state law, legal decisions, and changing
community needs ; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
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Ordinance No. 1915, Cash In-Lieu of Capital Facilities
1. The city relies upon the standards and definitions within chapter 38 to enable the
development of the city in a manner which avoids conflicts, enables public notice of and
comment on development which may affect residents and land owners, and provide
predictability in government actions.
2. Subdivision and site development may generate new demands on the city's existing capital
facilities; and
3. Installation of streets, water and sewer mains, and storm water facilities are an essential
element of a functional city and the city's land development regulations; and
4. The city also maintains streets, water and sewer mains, and storm water facilities; and
5. The city is obligated to be fiscally responsible stewards of the public's assets and funds;
and
6. The installation of facilities by private development may be fiscally inefficient unless
coordinated with work by the city;
7. The provision for cash in-lieu of capital facilities enables an option in the evaluation of the
developer's preference in mitigating impacts of development; and
8. It is beneficial to establish a mechanism by which private development can meet its
regulatory requirements in coordination with the city's scheduling of maintenance or
expansion of public facilities; and
9. As the steward of the public infrastructure and the public safety it is appropriate that the
decision to accept cash in-lieu of capital facilities be at the sole discretion of the city.
Section 2
The Bozeman Municipal Code is amended by revising Section 38.39.070 to read as
follows:
Section 38.39.070. —Payment for extension of capital facilities.
A. The city may require a subdivider or other site developer to mitigate the impacts of subdivision
or site development by the extension of existing capital facilities or the construction of new
capital facilities. The review authority, established in 38.34.010, may determine that the
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Ordinance No. 1915, Cash In-Lieu of Capital Facilities
payment or the guarantee of payment for the construction of capital facilities are appropriate
measures to coordinate with the city's planned capital facility improvements and to ensure
public health, safety and welfare. Payment of cash in-lieu of constructing capital facilities by
a subdivider or other site developer to the city is a mechanism for meeting regulatory
requirements and mitigating subdivision and other site development impacts. The review
authority, in its sole discretion, must determine the appropriate mitigation for any subdivision
or site development impacts.
B. The city may require a subdivider or other site developer to pay or guarantee payment for part
or all of the costs of extending capital facilities related to public health and safety, including
but not limited to public roads or streets, sewer mains, water supply mains and stormwater
facilities for a subdivision or other site development. The costs must reasonably reflect the
expected impacts directly attributable to the subdivision or other site development. The city
may not require a subdivider or other site developer to pay or guarantee payment for part or all
of the costs of constructing or extending capital facilities related to education.
C. The review authority mqy accept direct payment of cash in-lieu of public street water, sewer,
and stormwater capital facilities required by this code. Should the review authority approve a
request to pay cash in-lieu, a subdivider or other site developer is not required to obtain a
variance from the requirement such facilities be constructed prior to development approval A
request to meet the terms of chapters 38 and 40 by payment of cash in-lieu must be submitted
by an applicant prior to a determination of adequacy or any advisory recommendation
during review of a development application. The city may choose to require payment of cash
rather than require the construction of capital facilities as determined by the review authority_
A request received after determination of adequacy or advisory body recommendation is a
material modification to the application.
1. The review authority, established in 38.34.010, must evaluate proposals of cash in-lieu of
capital facilities and make a decision to approve approve with conditions or deny such
requests. In evaluating a request to pay cash in-lieu the review authority must consider the
following criteria:
a. Whether there is a danger to public health and safety of accepting cash in-lieu rather than
constructing the capital facilities;
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Ordinance No. 1915, Cash In-Lieu of Capital Facilities
b Whether the work described in the proposal is part of a project scheduled for
commencement of construction on the most recently adopted capital improvement plan
no later than three (3) years from the date of submittal;
c Whether a public work is pending which would substantially damage the work otherwise
required to be constructed;
d Whether the installation of the otherwise required capital facilities would be disruptive
to planned public improvements;
e Whether the city has made a determination of the reasonableness of the cost estimate of
the work; and
f Whether the payment would enable a more efficient installation of required capital
facilities.
2 The request to pay cash in-lieu of capital facilities and the findings of the review authority
must be considered in any final action to approve approve with conditions, or deny a
development application.
3 All cash paid in-lieu must be held by the city in a fund dedicated to the work for which the
monies are paid.
4 As a condition of accepting cash in-lieu the cily may require the property owner to execute
a waiver of right to protest creation of a special improvement district or other legal
instrument assuringp� anticipation on a fair share proportionate basis in future capital
facility_improvements in the vicinity of the development proposal.
5 The cily manager may_adopt procedures by administrative order to implement this section.
6 The cash paid must include all component costs of the work deferred including but not
limited to design permitting traffic management construction and record drawings. The
cash paid must include a contingency amount to offset the uncertainty of cost estimating
and potential escalation of costs.
7 Issuance of a refund is a material modification of a development per 38.01.070. Refunds of
cash paid in-lieu are not available if-
a. A final plat which relied upon cash-in-lieu of facilities has been recorded;
b If building pelmits for a non-subdivision development have been issued; or
c If the City has published an invitation to bid on work which relies upon the paid
cash for project funding.
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Ordinance No. 1915, Cash In-Lieu of Capital Facilities
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This ordinance shall be codified as indicated in Section 2.
Section 7
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Ordinance No. 1915, Cash In-Lieu of Capital Facilities
Effective Date.
This ordinance shall be in full force and effect thirty(30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 24th day of October, 2016.
CARSON TAYLOR
Mayor
ATTEST:
EO
ROBIN CROYf4.k'_ "
City Clerk -f
FINALLY PASSED,ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 7th day of
November, 2016. The effective date of this ordinance is December 71h, 2016.
00
CARSON TAYLOR
Mayor
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Ordinance No. 1915, Cash In-Lien of Capital Facilities
ATTEST:
ROBIN CROUGH ..
City Clerk - =
APPROVED AS TO FORM:
G SULLIVAN
City Attorney
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