HomeMy WebLinkAboutTitle 03
Title 3
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REVENUE AND FINANCE
Chapters:
3.04 Collection of Taxes
3.08 Transfer of Surplus Funds
3.12 Police Reserve Fund
3.16 Special Improvement District Revolving Fund
3.20 Tax Increment Financing Industrial District
Program
3.24 Impact Fees
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(Bozeman 6.96)
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Sections:
3.04.010
3.04.020
3.04.030
3.04.040
3.04.050
3.04.060
3.04.070
3.04.080
3.04.090
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3.04.100
3.04.110
3.04.120
3.04.130
3.04.140
3.04.150
3.04.160
3.04.170
Chapter 3.04
COLLECTION OF TAXES
Tax collection by county
authorized when.
Annual city tax levy
determination.
Monthly settlement and
collection from county treasurer.
Annual tax reports to
commission-Contents.
Special assessments-Collection
procedure.
Special assessments-Procedure
for levy.
Special assessments-Payable
when-Delinquency penalty.
Special assessments-Form of
notice and receipt.
Special assessments-Notice of
payment deadlines and
delinquency conditions.
Special assessments-
Delinquency report.
Delinquent assessments-
Declaration by reso1ution-
Conditions.
Delinquent assessments-
Certificates to county clerk and
county treasurer.
Delinquent assessments-Notice
publication required.
Delinquent assessments-
Payment procedure.
Delinquent tax sales-Director of
finance authority and duties.
Reinstating special assessments.
Special improvement districts-
Annual reports.
3.04.010 Tax collection by county
authorized when.
All taxes levied by the city of Bozeman for
general, municipal and administrative purposes
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3.04.010-3.04.040
shall be collected by the county treasurer,
as provided by MeA ~ 7-6-4413, 1981, as
amended. (Prior code ~ 2.32.010)
3.04.020 Annual city tax levy determination.
The commission of the city must, on or be.
fore the second Monday in August of each
year, by resolution, determine the amount of
the city taxes for all purposes to- be levied and
assessed on the taxable property in the city
for the current fiscal year, and the clerk of the
commission must duly certify to the county
clerk a copy of such resolution, and the county
treasurer. must collect such taxes, as provided
by MCA ~ 7-6-4413, 1981, as amended. (Prior
code ~ 2.32.020)
3.04.030 Monthly settlement and collection
from county treasurer.
The director of finance shall, immediately
after the first of every month, settle with and
collect from the county treasurer all taxes for
general, municipal and administrative purposes
collected by the county treasurer. (Prior code
@ 2.32.030)
3.04.040 Annual tax reports to commission-
Contents.
A. On or before the first day of January of
each and every year, the director of finance shall
make a report to the commission showing:
1. Total assessable value of property within
the city;
2. Taxable value of property within the city;
3. Rate of taxation for the city for general,
municipal and administrative purposes;
4. Total amount of taxes due the city for
the preceding year;
S. Amount collected;
6. Amount delinquent.
B. On or before the first day of August of
each and every year, the director of finance shall
make a like report to the commission of the
city.
e. The reports so made shall likewise contain
a statement showing taxes delinquent and
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3.04.050-3.04.090
due and owing to the city for prior years.
(Prior code @ 2.32.040)
3.04.050 Special assessments-Collection
procedure.
All special assessments, of whatever kind and
character, heretofore levied, or which may be
hereafter levied, by the commission of the city
to defray the cost of any special improvements
in the city, or special assessments heretofore
levied or hereafter levied for special purposes, as
provided by law and the Code of the city, shall
be collected by the city, by and through its di-
rector of finance. The director of finance shall
make these collections in the same manner and
at the same time as general taxes are collected
by the county treasurer. He shall make proper
distribution to the various funds for which such
collections are made of all money collected by
him. (Prior code S 2.32.050)
3.04.060 Special assessments-Procedure for
levy.
Within two days after the passage and adop-
tion of any resolution of the commission of the
city levying and assessing any special improve-
ment assessment, the clerk of the commission
shall deliver the original or certified copy of
such resolution of such levy and assessment to
the director of finance, and the director of fi-
nance shall thereupon enter and spread the
assessments so made in the Special Improvement
Assessment Book, against the property against
which the assessment is a lien. (Prior code ~
2.32.060)
3.04.070 Special assessments-Payable when
-Delinquency penalty.
All special assessments, or installments of
special assessments, heretofore or hereafter
levied and assessed for any purpose whatsoever,
duly and regularly levied by resolution according
to law, shall be payable on or before six p.m. on
the thirtieth day of November of each year, and
in the event the same are not paid on or before
said date, the same shall become delinquent
and shall be subject to a penalty of five per.
cent, and shall bear interest at the rate of one
percent per month from the date of delin-
quency. (Prior code _@ 2.32.070)
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3.04.080 Special assessments-Form of
notice and receipt.
The director of finance shall prepare and
adopt, subject to the approval of the city
manager, a form of notice and receipt for special
assessments. Such notice and receipt shall con.
form substantially to the form used by the
county treasurer. The original shall constitute
the receipt to the taxpayer; the duplicate, the
notice to the taxpayer; and the triplicate, the
permanent record in the office of the director
of finance. The notice herein specified shall
contain an itemized statement of the amount of
taxes due the current year, and the amount due
and delinquent for other years (if any). The
director of finance shall mail, on or before the
twenty-fifth day of October of each year, post.
age prepaid, the aforesaid notice to the last
known address of each taxpayer. (Prior code
@ 2.32.080)
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3.04.090 Special assessments-Notice of
payment deadlines and delinquency
conditions.
A. On or before the twenty.fifth day of
October of each year, the director of finance
shall publish a notice specifying:
I. That all special taxes, special assessments,
or installments of special assessments, made for
special improvements or special services of any
nature, duly and regularly levied by resolution
of the city commission, according to law, shall
by payable before six p.m., on the thirtieth
day of November next thereafter, and in the
event the same are not paid on or before said
date, the amount of such taxes and assessments
shall become delinquent, and all delinquent
taxes shalI bear interest at the rate of one per.
cent per month from the time they are first
delinquent until paid. A penalty of five percent
shall be added to all delinquent taxes;
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2. The time and place at which payment of
such taxes may be made;
3. That in the event that any installment of
an assessment which has been made payable in
installments shall be allowed by a taxpayer to
become delinquent, the city commission may
declare all unpaid installments of such assess~
ment delinquent, also.
B. Provided, that any failure to give any of
these notices will not affect the legality of the
tax, nor relieve the taxpayer from any of his
liability. (Prior code ~ 2.32.090)
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3.04.100 Special assessments-Delinquency
report.
Immediately after the thirtieth day of
November, and before the seventh day of
December of each and every year, the director
of finance shall make to, and file with, the com-
mission of the city a report showing the delin-
quencies for that year, and setting forth:
A. The name of the owner;
B. The description of the lot or parcel of
property;
C. The amount of delinquent assessments
for the current year;
D. The number and amount of unpaid install-
ments of such delinquent special assessments;
E. The amount due and delinquent for other
years, if any. (Prior code ~ 2.32.100)
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3.04.110 Delinquent assessments-
Declaration by resolution-
Conditions.
When the payment of anyone installment of
any special assessment becomes delinquent, all
payments of subsequent installments shall, at
the option of the commission of the city, by ap-
propriation resolution duly adopted, become de.
linquent. The commission shall thereupon, at
its option, by appropriation resolution duly
adopted, declare all such unpaid special assess~
ments, or installment of such special assess.
ments, and all subsequent installments of such
special assessments, due, payable and delin-
quent. The whole property may be sold the
3.04.100-3.04.130
same as other property is sold for taxes. (Prior
code ~ 2.32.110)
3.04.120 Delinquent assessments-
Certificates to county clerk and
county treasurer.
A. Before the tenth day of December (or
before the tenth day of June, if the December
certification has been omitted or incompletely
or improperly made), the director of finance
shall certify all delinquent taxes and assessments
to the county clerk and to the county treasurer
of Gallatin County for collection as provided by
law.
B. Such certificate shall contain:
1. The description of each lot or parcel of
land on which any tax or assessment has become
delinquent, and against which it is a lien;
2. The name and address of the person to
w horn assessed;
3. The date when the same became de.
linquent;
4. The amount of the delinquent tax or
assessment;
S. The penalty to be added thereto;
6. The total amount of such delinquent tax
or assessment with penalty added; and
7. If any special assessment is payable in
installments, and any installment thereof be-
comes delinquent, the amount of such delin-
quent installment shall be included in such
certificate, provided that in the event the city
commission shall . by resolution declare the
whole of the assessment remaining lInpaid to be
delinquent, then the whole of the assessment
remaining unpaid shall be included in such
certificate. (Prior code ~ 2.32.120)
3.04.130 Delinquent assessments-Notice
publication required.
Within ten days of the time of tiling the
certificates required in Section 3.04.120, the
director of finance shall publish, in not less than
one issue of the daily newspaper of largest cir-
culation in the city, a notice specifying:
A. That he has certified to the county
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3.04.140-3.04.160
treasurer a complete delinquent list of all
persons and property in the city, against which
delinquent taxes are a lien and that the county
treasurer will sell such property at a later date at
public auction unless prior to such auction all
delinquent taxes, together with interest, penal.
ties and costs thereon due, are paid;
B. That a complete delinquent list of all
persons and property in the city now owing
taxes is on file in the office of the county trea-
surer and in the office of the director of finance
and is subject to public inspection and exami-
nation;
C. That the date of the sale shall be as deter.
mined by the county treasurer;
D. That delinquent assessments may be
reinstated by complying with the provisions of
MCA ~ 7.12A184, 1981. (Prior code ~
2.32.130)
3.04.140 Delinquent assessments-Payment
procedure.
All delinquent assessments certified to the
county clerk shall be paid to and collected, with
penalty and interest, by the county treasurer,
and that the county treasurer shall account
therefor and pay the same to the director of
finance, as provided by MCA ~ 7-12A184, 1981.
(Prior code ~ 2.32.140)
3.04.150 Delinquent tax sales-Director of
finance authority and duties.
At the time and place that property in the
county upon which delinquent taxes are a lien
is sold, at public auction, as provided by MCA
~ 15-17-101(1),1981, as amended, the director
of finance shall attend each delinquent tax sale,
and shall then and there take such proceedings
as the commission or city manager may direct,
to protect the interests of the city in and to any
property sold for delinquent taxes, and in which
the city may have an interest by reason of
delinquent special assessments which are a
lien thereon, and the city may at such delin-
quent tax sale purchase, and may, under and by
virtue of the provisions of MCA ~~ 7-12-4227
and 7-l2A228, 1981; and MCA ~~ 15-18-202
and 15.18-203, 1981; and MCA ~ 15-17-202,
1981, bid in said property, and have certificate
of sale issued to the city; or the city may, at
any time subsequent to said delinquent tax
sales, or either of them, acquire any of the prop.
erty struck off to the county at said delinquent
tax sales, as provided by said MCA Chapters
7-12,15.18 and 15-17 hereinbefore referred to,
and under such terms and conditions as the
commission may authorize and direct; that any
properties so acquired shall be paid for from the
revolving fund, if and when such revolving fund
is provided by the commission of the city, as
provided by MCA Chapter 7-12, 1981. (Prior
code ~ 2.32.150)
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3.04.160 Reinstating special assessments.
When any special assessment, or installment
or installments of special assessments, have be.
come delinquent, and are so declared by appro-
priate resolution of the commission of the city,
and have been certified to the county clerk and
county treasurer for coIlection, as provided in
this chapter, the commission may nevertheless,
at its option, upon the payment to the director
of finance of the assessment or installment, or
installments of special assessments, with penalty
and interest, up to date, by appropriate reso.
1ution, be withdrawn from the county treasurer,
and cancelled from his records, and reinstated in
the office of the director of finance on his
Special Improvement Assessment Book. Such
withdrawal and reinstatement may be had and
made at any time before or after the sale of the
property for delinquent taxes, and before tax
deed therefor has been executed. When the com.
mission shall have passed a resolution as contem-
plated in this chapter, and when a taxpayer shall
have complied with all the conditions therein
specified, the director of t1nance shall file with
the county clerk and the county treasurer a
certified copy of such resolution, which shall
be the county treasurer's authority to cancel
and withdraw such delinquent special assess-
ments as may be therein specified. The director
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of finance shall then reinstate such assessments
or installments on his Special Improvement
Assessment Book, as he is directed in the reso-
lution of the commission to reinstate. (Prior
code ~ 2.32.160)
3.04.170 Special improvement districts-
Annual reports.
On the first day of January of each year, or
at such time as the commission may direct, the
director of finance shall make a written report
to the commission showing the status of the
assessments and bonds outstanding against the
several special improvement districts, setting
forth the following:
A. Amount of special assessment levied
against each district;
B. Amount of bonds or warrants issued in
payment of the cost of the improvement;
C. Bonds or warrants which have been paid;
D. Bonds or warrants outstanding;
E. Special improvement assessments out-
standing but not delinquent;
F. Delinquent special assessments, if any,
and the property against which such delinquent
special assessments are a lien. (Prior code ~
2.32.170)
Chapter 3.08
TRANSFER OF SURPLUS FUNDS
Sections:
3.08.010
Transfer of funds authorized
when.
3.08.010 Transfer of funds authorized when.
The commission shall have power to transfer
funds or moneys collected under the general
levy, or for fees, licenses or fines, from any
fund into which they may have been paid, to
any other fund; provided, however, there shall
be a surplus in the fund from which such trans.
fer is made. (Prior code ~ 2.12.010)
3.04.170-3.12.020
Chapter 3.12
POLICE RESERVE FUND
Sections:
3.12.010
Board of trustees established-
Membership-Duties.
Board of trustees-Election of
police members.
Organization of the board.
Meetings of the board.
Duties of the board.
3.12.020
3.12.030
3.12.040
3.12.050
3.12.010 Board of trustees established-
Membership-Duties.
For the audit, administration, investment,
control and disbursement of the police reserve
fund as heretofore established and accumulated,
as the same now exists and as it may hereafter
be augmented in the manner as by law provided,
there is created, set up and established a board
of trustees. The board of trustees, hereinafter
in this chapter referred to as the "board,"
shall consist of the mayor, the clerk of the city
commission, and the city attorney, who shall
be such trustees by virtue of their respective
offices as mayor, clerk and city attorney, as
aforesaid, and two members of the police de~
partment on the active list of policemen of the
city, to be chosen by a majority vote of all of
the active members of the police force. (Prior
code ~ 2.40.010)
3.12.020 Board of trustees-Election of
police members.
A. The active members of the police force
shall hold a meeting upon the call of the chief
of police, at which meeting a majority of such
active members of the police force shall consti.
tute a quorum. They shall choose a chairman
and a secretary of the meeting from among
their number and proceed to the election of
two members of the board from among their
number by a majority vote of those present
and entitled to vote. Voting shall be by written
and secret ballot. Of those elected at the first
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3.12.030~3.16.0 I 0
meeting, one shall serve until May 10, 1946, and
one until May 10, 1947. The chairman and
secretary of such meeting shall certify the names
of those so elected to the clerk of the city com~
mission, in writing, the certificate stating the
term for which each is elected, as such terms are
herein designated.
B. Thereafter, between the first and tenth
day of May, the active members of the police
force shall hold a like meeting for the election
of one member of the board, by the same pro~
cedure, for the term of two years from and after
the tenth day of May of the year in which he is
elected, and certify such election to the clerk of
the city commission as above provided. The fil-
ing of the certificate of election with the clerk,
as aforesaid, shall constitute the qualification
for membership on the board of the police force
members thereof. Any vacancy on the board as
to police force members shall be filled by ap.
pointment by the chief of police, certified as
above provided, such appointed member to
hold office until his successor is elected and
qualified at the succeeding annual election.
(Prior code ~ 2.40.020)
3.12.030 Organization of the board.
The mayor shall be the chairman, the city
attorney the vice~chairman. and the clerk of the
city commission the secretary of the board. The
chairman shall preside at all meetings of the
board and, in his absence, the vice-chairman.
The secretary shall keep the minutes of the board
in a suitable permanent record, and perform the
duties usually appertaining to the office of
secretary. A majority of the board shall consti-
tute a quorum for the transaction of business.
No compensation shall be paid to any member
of the board for his services as such, but he may
be allowed his actual and necessary expenses
incurred in the transaction of any business of
the board outside of the city, by authority and
direction of the board entered on the minutes,
and upon presentation of verified and itemized
claim therefor and approved by the chairman.
(Prior code ~ 2.40.030)
3.12.040 Meetings of the board.
The board shall hold not less than two stated
meetings in each year, the dates of which shall
be fixed at the first meeting of the board, and
other meetings upon call of the chairman or any
two members of the board, upon notice to all
of the members of the board who are in the city,
of not less than twenty-four hours. Such notice
may be oral, by telephone, or by letter, and
given by the secretary. Any business of the
board may be transacted at such special or called
meeting. (Prior code ~ 2.40.040)
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3.12.050 Duties of the board.
It shall be the duty of the board to audit,
control, invest and administer the police reserve
fund in accordance with the statutes of the state
in such case made and provided, and as the same
may be from time to time altered, amended and
repealed, and particularly MeA ~ 7.32.4101
et seq., 1981 and MCA ~ 19.10.201 et seq.,
1981. (Prior code ~ 2.40.050)
Chapter 3.16
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SPECIAL IMPROVEMENT DISTRICT
REVOL VING FUND
Sections :
3.16.010
3.16.020
3.16.030
Established-Name and purpose.
Sources of funds.
Loans from revolving fund to
special improvement district
fund-Conditions.
Liens imposed for amounts
loaned.
Use of surplus in fund.
Levy of tax-Method and effect.
Statutory authority for chapter
provisions.
3.16.040
3.16.050
3.16.060
3.16.070
3.16.010 Established-Name and purpose.
In order to secure the prompt payment of
any special improvement district bonds and/or
warrants issued in payment of improvements
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made in any special improvement district
or districts created after February 25,1929, and
the interest thereon, as it becomes due, there is
created and established a fund to be known and
designated as "special improvement district
revolving fund." (Prior code @ 2.36.010)
3.16.020 Sources of funds.
For the purpose of providing funds for the
special improvement district revolving fund, the
commission:
A. Transfer From General Fund. May, in its
discretion, from time to time, transfer to the
special improvement district revolving fund
from the general fund of the city such amount
or amounts as may be deemed necessary, which
amount or amounts so transferred shall be
deemed and considered and shall be loans from
such general fund to the special improvement
district revolving fund; and
B. Tax Levy. Shall, in addition to such trans-
fers from the general fund, or in lieu thereof,
levy and collect for the special improvement
district revolving fund such a tax, hereby de.
clared to be for a public purpose, on all the tax-
able property of the city, as shall be necessary to
meet the financial requirements of the fund,
such levy, together with such transfer, not to
exceed in anyone year five percent of the prin.
cipal amount of the then.outstanding special
improvement district bonds and/or warrants.
(Prior code @ 2.36.020)
3.16.030 Loans from revolving fund to
special improvement district fund-
Conditions.
Whenever any special improvement district
bond or warrant, or interest thereon, issued for
improvements made in special improvement dis.
tricts created after February 25, 1929, shall be
or shall become due and payable, and there shall
then be either no money or not sufficient
money in the appropriate special improvement
district fund with which to pay the same, an
amount sufficient to make up the deficiency
may, by order of the commission, be loaned by
3.16.020-3.16.050
the special improvement district revolving fund
to such special improvement district fund, and
thereupon such bond or warrant or such interest
thereon, whether it be for principal or for in-
. terest, or for both, as the commission may in
its discretion elect or determine, shall be paid
from the money so loaned, or from the money
so loaned when added to the insufficient
amount, as the case may require. (Prior code
~ 2.36.030)
3.16.040 Liens imposed for amounts loaned.
Whenever any loan is made to any special
improvement district fund from the special
improvement district revolving fund, the special
improvement district revolving fund shall have
a lien therefor on all unpaid assessments and/or
installments of assessments on such district,
whether delinquent or not, and on all moneys
thereafter coming into such special improvement
district fund to the amount of such loan, to~
gether with interest thereon from the time it
was made at the rate or percentage borne by
the bond or warrant for payment of which, or
of interest thereon, such loan was made. When-
ever there shall be moneys in such special im.
provement district fund which are not required
for the payment of any bond or warrant of
such special improvement district, or of interest
thereon, so much of such moneys as may be
necessary to pay such loan shall, by order of
the commission, be transferred to the special
improvement district revolving fund, and after
all the bonds and warrants issued on any special
improvement district have been fully paid, all
moneys remaining in such special improvement
district fund shall, by order of the commission,
be transferred to and become a part of the
special improvement district revolving fund.
(Prior code ~ 2.36.040)
3.16.050 Use of surplus in fund.
Whenever there is, in the special improvement
district revolving fund, an amount in excess of
the amount which the commission deems neces~
sary for the payment or redemption of maturing
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3.16.060-3.16.070
bonds or warrants, or interest thereon, the
commission may:
A. Transfer to General Fund. By a vote of
all its members, at a meeting called for that
purpose, order such excess, or any part thereof,
transferred to the general fund of the city; or
B. Purchase of Property for Delinquent
Taxes. Use such excess, or any part thereof, for
the purpose of purchase of property at sales for
delinquent taxes or assessments, or both, or
which may have been struck off or sold to the
county for delinquent taxes or assessments, or
both, and against which property there then are
any unpaid assessments for special improve~
ments on account whereof there are outstanding
special improvement district bonds or warrants
of the city; and
C. Disposition of Property. Sell any tax
certificates issued on any such sale or sales.
After acquiring title to such property, the com.
mission may lease such property or sell the same
at public or private sale and make conveyance
thereof, or otherwise dispose thereof, as the in-
terest of the city may require; and all proceeds
from such sale of tax certificates, or from such
leasing, sale or other disposition of the property,
shall belong to and be paid into the special im.
provement district revolving fund, and be
subject to transfer, in whole or in part, to the
general fund by the vote of all the members of
the commission at a meeting called for that pur~
pose, as hereinbefore provided. (Prior code ~
2.36.050)
3.16.060 Levy of tax-Method and effect.
The special tax to be levied, as herein pro~
vided in subsection B of Section 3.16.020, shall
be in addition to the tax for general, municipal
and administrative purposes, and the levy shall
be made by the commission at the time and by
the resolution passed and adopted by the com.
mission as provided by Section 3.04.020. (Prior
code ~ 2.36.060)
3.16.070 Statutory authority for chapter
provisions.
This chapter is passed pursuant to the power
and authority vested in the commission by
Chapter 24, Laws of Montana, 21 st Session,
1929, entitled:
"An Act Relating to Special Improvement
Districts in Cities and Towns; Authorizing the
Creation, Maintenance and Use of a Special
Improvement District Revolving Fund in any
City or Town for the Purpose of Securing
Prompt Payment of Special Improvement
District Bonds and Warrants and Interest
Thereon, and Requiring Levy of Taxes When
Necessary for the Financial Requirements
of Such Fund,"
and the interpretation thereof by the Supreme
Court of the state in the case of Stanley vs.
Jeffries, 86 Mont. 114. (Prior code ~ 2.36.070)
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Chapter 3.20
TAX INCREMENT FINANCING
INDUSTRIAL DISTRICT PROGRAM
Sections:
3.20.010
3.20.020
Definitions.
Industrial development
districts-Creation.
Costs which may be paid from
tax increments.
Use of tax increments for bond
payments.
Contents of ordinance.
Districts-Termination.
Administration.
3.20.030
3.20.040
3.20.050
3.20.060
3.20.070
3.20.01 0 Definitions.
The following words and phrases used in this
chapter shall be defined as follows:
A. "Actual taxable value" means the taxable
value of taxable property at any time, as calculated
from the assessment role last equalized.
B. "Base taxable value" means the actual taxable
value of all taxable property within an urban renew~
al area or industrial district prior to the effective
date of a tax increment financing provision. This
value may be adjusted as provided in MCA ~ 7.15-
4287 or 7-15-4293.
C. "Incremental taxable value" means the
amount, if any, by which the actual taxable value at
any time exceeds the base taxable value of all prop-
erty within a tax increment financing industrial
district.
D. "Industrial district" means a tax increment
financing industrial district created pursuant to MCA
~ 7~ 15.4299.
E. "Industrial infmstructure development project"
means a project undertaken within or for an industri-
al district that consists of any or all of the activities
authorized by MCA ~ 7-15-4288.
F. "Tax increment" means the collections real-
ized from extending the tax levies. expressed in
mills, of all taxing bodies in which the industrial
3.20.010--3.20.030
district or a part thereof is located against the incre~
mental taxable value.
G. "Tax increment provision" means a provision
for the segregation and application of tax increments
as authorized by MCA ~~ 7-15-4282 through 7-15-
4292.
H. "Taxes" means all taxes levied by a taxing
body against property on an ad valorem basis. (Ord.
1336 ~ 1, 1991)
3.20.020 Industrial development districts-
Creation.
A. The city commission may, from time to time,
create by ordinance a tax increment financing indus-
trial district following a public hearing on the pro~
posed district In order for land to be included in the
proposed district. it must:
1. Consist of a continuous area with an accurate-
ly described boundary;
2. Not be contained within the boundaries of
another industrial district or an urban renewal dis-
trict with a tax increment provision;
3. Be zoned for light or heavy industrial use in
accordance with the Bozeman area master plan;
4. Be determined to be deficient in infrastructure
improvements for industrial development.
B. The industrial district must have as its pur-
pose the development of infrastructure to encourage
the growth and retention of secondary. value. added
industries.
C. Notice of the public hearing on the creation
of a proposed industrial district shall be given in
accordance with the provisions of MCA ~ 7.15~
4215. (Ord. 1336 ~2, 1991)
3.20.030 Costs which may be paid from
tax increments.
The tax increment received from an industrial
district may be used to pay for the following costs
incurred for an industrial infrastructure development
project (in that district):
A. Land acquisition;
B. Demolition and removal of structures;
C. Relocation of occupants;
40-1
(Bozeman 9-93)
3.20.040-3.20.070
D. The acquisition, construction and improve.
ment of infrastructure or industrial infrastructure,
which includes streets, roads, curbs, gutters, side-
walks, pedestrian malls, alleys, parking lots and off.
street parking facilities, sewers, sewer lines, sewage
treatment facilities, storm sewers, waterlines,
waterways, water treatment facilities, natural gas
lines, electrical lines, telecommunication lines, rail
lines, rail spurs, bridges, publicly owned buildings,
and any public improvements authorized by MCA
~~ 7-12-41 through 7-12~45, 7-13-42, 7.13-43, and
7-14-47, and items of personal property to be used
in connection with improvements for which the
foregoing costs may be incurred;
E. Costs incurred in connection with the redevel-
opment activities allowed under MCA ~ 7-15-4233;
F. Acquisition of infrastructure-deficient areas
or portions thereof;
G. Administrative costs associated with the man-
agement of the industrial district;
H. Assemblage of land for development or rede-
velopment by private enterprises or public agencies
including sale, initial leasing, or retention by the
municipality itself at its fair value;
I. The compilation and analysis of pertinent
infOlmation required to adequately determine the
infrastructure needs of secondary, value-adding
industries in the industrial district;
J. The connection of the industrial district to
existing infrastructure outside the industrial district;
and
K. The provision of direct assistance, through
industrial infrastructure development projects, to
secondary, value-adding industries to assist in meet-
ing their infrastructure and land needs within the
industrial district. (Ord. 1336 ~3, 1991)
3.20.050 Contents of ordinance.
Each ordinance creating a tax increment financing
industrial district shall:
A. Designate each tax increment financing dis-
trict by number,
B. Set forth a legal description of and map
showing the boundaries of the industrial district;
C. Include a plan that describes the tax incre-
ment industrial development project and contains
provisions for undertaking and implementing the
project; and
D. Establish the base year for the calculation of
tax increment within the industrial district. (Ord.
1336 ~5, 1991)
3.20.060 Districts-Termination.
A. Tax increment fmancing industrial districts
will terminate upon the later of:
I. The fifteenth year following the creation of
the industrial district; or
2. The payment or provision for payment in full
or discharge of all bonds for which the tax incre-
ment ha,'i been pledged and the interest thereon.
B. After termination of the tax increment financ-
ing provision, all taxes shall be levied upon the
actual taxable value of the taxable property in the
industrial district and shall be paid into funds of the
taxing bodies levying taxes within the industrial
district. (Ord. 1336 ~6. 1991)
3.20.070 Administration.
The tax increment fmancing program created in
this chapter shall be administered by the Bozeman
city commission. The commission shall be advised
on matters pertaining to the program by the tax
increment financial industrial district board created
pursuant to Chapter 2.88. (Ord. 1336 ~7. 1991)
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3.20.040 Use of tax increments for bond
payments.
The tax increments received may be pledged for
the payment of the principal of premiums. if any.
and interest on bonds which the city may issue for
the purpose of providing funds to pay for costs
accrued pursuant to Section 3.20.030. (Ord. 1336 ~
~4. 1991) .,
(Bozeman 9-93) 40-2
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Chapter 3.24
IMPACT FEES
Sections:
3.24.010
3.24.020
3.24.030
3.24.040
3.24.050
3.24.060
3.24.070
3.24.080
3.24.090
Legislative findings.
Authority and applicability.
Intent.
Definitions.
Street impact fees.
Fire protection impact fees.
Water impact fees.
Wastewater impact fees.
Refunds of development impact
fees paid.
Credits against development
impact fees.
Miscellaneous provisions.
3.24.100
3.24.110
3.24.010 Legislative findings.
The city commission of the city of Bozeman,
Montana finds that:
A. The protection of the health, safety and gen-
eral welfare of the citizens of the city requires that
the street, fire protection, water and wastewater
systems of the city be expanded and improved to
accommodate continuing growth within the city and
within those areas directly served by its fire depart.
ment and within those areas connected to its water
and wastewater systems.
B. New residential and nonresidential develop-
ment imposes increased and excessive demands upon
existing city facilities.
C. New development often overburdens existing
public facilities and the tax revenues generated from
new development often do not generate sufficient
funds to provide public facilities to serve the new
development.
D. New development is expected to continue, and
will place ever-increasing demands on the city to
provide public facilities to serve new development.
E. The creation of an equitable development
impact fee system would enable the city to impose a
proportionate share of the costs of required im-
provements to the city's street, fire protection, water
3.20.010
and wastewater systems on those developments that
create the need for them.
F. All types of development that are not explic-
itly exempted from the provisions of this chapter will
generate demand for streets, fire protection, water
and wastewater services or facilities that will require
improvements to city facilities and equipment.
G. The street impact fee study, dated January
1996, and as updated, and the fire impact fee study,
and water and wastewater impact fee study, dated
October 1995, and as updated, prepared by James
Duncan and Associates, set forth reasonable
methodologies and analyses for detennining the
impacts of various types of development on the city's
street, fire protection, water and wastewater systems,
and for determining the cost of acquiring land and the
cost of acquiring or constructing facilities and
equipment necessary to meet the demands for such
services created by new development.
H. The city establishes as city standards the
assumptions and service standards referenced in the
three impact fee studies as part of its current plans for
the major street system and for the city's fire
protection, water and wastewater systems.
I. The development impact fees described in this
chapter are based on those three impact fee studies,
and do not exceed the costs of acquiring additional
land and the costs of acquiring or constructing
additional facilities or equipment required to serve
the new developments that will pay the fees.
J. All of the street improvements listed in the
street impact fee study will benefit all new devel-
opment in the city, and it is therefore appropriate to
treat the entire city as a single service area for pur-
poses of calculating, collecting and spending the
street impact fees.
K. All of the fire protection improvements listed
in the fire impact fee study will benefit all new
development that receives fire protection service
directly from the city fire department, and it is
therefore appropriate to treat the entire city and all
properties served directly by the city fire department
as a single service area for purposes of calculating,
collecting and spending the fire protection impact
fees.
40-3
(Bozeman 11.0 I)
3.24.020--3.24.030
L. All of the water system improvements listed in
the water and wastewater impact fee study will
benefit all new development that connects to the city
water system, and it is therefore appropriate to treat
the entire city and all properties c<;>nnected to the city
water system as a single service area for purposes of
calculating, collecting and spending the water impact
fees.
M. All of the wastewater system improvements
listed in the water and wastewater impact fee study
will benefit all new development that connects to the
city wastewater system, and it is therefore ap-
propriate to treat the entire city and all properties
connected to the city wastewater system as a single
service area for purposes of calculating, collecting
and spending the wastewater impact fees.
N. 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.
O. This chapter creates a system by which de.
velopment impact fees paid by new developments
will be used to expand or improve the city street, fire
protection, water and wastewater systems in ways
that benefit the development that paid each fee within
a reasonable period of time after the fee is paid.
P. This chapter creates a system under which
development impact fees shall not be used to cure
existing deficiencies in public facilities. (Ord. 1471 9
1, 1998: Ord. 14189 I, 1996: Ord. 1414 9 1 (part),
1996)
3.24.020 Authority and applicability.
A. This chapter is enacted pursuant to the city's
general police power, the authority granted to the city
by the Montana State Constitution, and Sections 7.1-
4123,7-1-4124, 7.3A313, 7-7-4404, 7.7-4424, 7-13-
4304, and 69-7.101 of the Montana Code Annotated.
B. The provisions of this chapter shall apply to
all of the territory within the limits of the city.
C. The provisions of this chapter related to the
fire protection impact fees shall also apply to all
properties located outside the city that are served
directly by the city fire department.
(Bozeman 11.01)
D. The provisions of this chapter related to water
impact fees shall also apply to all properties located
outside the city that are connected to the city water
system.
E. The provisions of this chapter related to
wastewater impact fees shall also apply to all prop-
erties located outside the city that are connected to
the city wastewater system. (Ord. 1414 9 1 (part),
1996)
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3.24.030 Intent.
A. This chapter is adopted to help implement the
comprehensive plan of the city, the city's 1993
transportation plan update prepared by Robert Peccia
& Associates, and as updated, the May 1995 draft of
the water facility plan prepared for the city by HKM
Associates, and as updated, and the January 1995
draft of the wastewater facility plan prepared for the
city by HKM Associates, and as updated.
B. The intent of this chapter is to ensure that new
development bears a proportionate share of the cost
of improvements to the city street, fire protection,
water and wastewater systems; to ensure that such
proportionate share does not exceed the cost of the
street, fire protection, water and wastewater facilities
and equipment required to serve such new
developments; and to ensure that funds collected
from new developments are actually used to con.
struct improvements to the city street, fire protection,
water and wastewater systems that benefit such new
developments.
C. It is the further intent of this chapter that new
development pay for its fair share of public facilities
through the imposition of development impact fees
that will be used to finance, defray or reimburse all or
a portion of the costs incurred by the city to construct
improvements to the city street, fire protection, water
and wastewater systems that serve or benefit such
new development.
D. It is not the intent ofthis chapter to collect
any money from any new development in excess of
the actual amount necessary to offset new demands
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for street, fire protection, water or wastewater im.
provements generated by that new development.
E. It is not the intent of this chapter that any
monies collected from any development impact fee
and deposited in an impact fee fund ever be co-
mingled with monies from a different impact fee
fund or ever be used for a type of facility or equip-
ment different from that for which the fee was paid.
(Ord. 1471 ~ 2,1998: Ord. 1414 ~ 1 (part), 1996)
3.24.040 Definitions.
A. "Development" means any construction or
expansion of a building, structure or use, any change
in use of a building or structure, or any change in the
use of land, which creates additional demand for
public services.
B. "Development impact fees" means the street
impact fee, fire protection impact fee, water impact
fee and wastewater impact fee established by this
chapter.
C. "Development impact fees review committee"
means the committee composed of the impact fee
coordinator, the building official, the director of
public service, the fire chief and the director of the
city-county planning office, or their designees ap-
pointed to serve in the member's place at a meeting.
D. "Encumber" means to legally obligate by
contract or otherwise commit to use by appropriation
or other official act of the city.
E. "Impact fee capital improvement program"
means the proposed capital improvements program
for the major street system, the city fire protection
system, and the city water and wastewater systems,
which shall assign monies from each impact fee fund
to specific projects and related expenses for
improvements to the type of facilities or services for
which the fees in that fund were paid.
F. "Impact fee funds" means the street impact fee
fund, fire protection impact fee fund, water impact
fee fund, and wastewater impact fee fund established
by this chapter.
G. "Impact fee studies" means the street impact
fee study, dated January 1996, and as updated, and
the fire impact fee study and water and wastewater
3.24.040
impact fee study, dated October 1995, and as
updated, prepared by James Duncan and Associates.
H. "Improvement" means planning, land acqui-
sition, engineering design, construction inspection,
on-site construction, off-site construction, equipment
purchases and financing costs associated with new or
expanded facilities, buildings and equipment that
expand the capacity of a facility or service system
and that have an average useful life of at least ten
years, but not including maintenance, operations or
improvements that do not expand capacity.
1. "Independent fee calculation study" means a
study prepared by an applicant for a building permit
or water or wastewater connection permit calculating
the cost of expansions or improvements to the city's
street, fire protection, water or wastewater systems
required to serve the applicant's proposed develop-
ment, that is performed on an average cost (not
marginal cost) methodology, uses the service units
and unit construction costs stated in the impact fee
studies, and is performed in compliance with any
criteria for such studies established by this chapter or
by the city.
J. "Initiation of construction" means the date of
the preconstruction meeting with the city engineer or
his/her designee, or the date of the first visible
change in the physical condition of the improved site
caused by the first person furnishing services or
materials to effect construction of the improvement,
whichever occurs first.
K. "Project-related improvements" means site-
related improvements including, without limitation,
all access streets adjacent to the proposed develop-
ment or leading only to the proposed development;
all streets and driveways within the development; all
acceleration, deceleration, right or left turn lanes
leading to any streets and driveways within the
development; all traffic control devices for streets
and driveways within the development; all water-
lines or facilities adjacent to, leading to or located
within the development and serving only the devel-
opment; all wastewater lines or facilities adjacent to,
leading to or located within and serving only the
development; and all off-site improvements
necessary for the safety and code compliance of a
40-5
(Bozeman 11-01)
3.24.050
development. Credit for incidental improvements
shall not be allowed. The presumption shall be made
that the minimum improvement needed to serve a
project shall be deemed to be a project improvement
even if additional capacity is th,ereby created that
may be potentially used by other developments
presently or in the future. (Ord. 1471 S 3, 1998: Ord.
1418 S 2, 1996: Ord. 1414 S 1 (part), 1996)
3.24.050 Street impact fees.
A. Imposition of Street Impact Fees.
1. On or after March 23, 1996, any person who
seeks to obtain (a) a building permit, or (b) any other
permit that will result in the construction of
improvements that will generate additional traffic, or
(c) any extension of any such permit that was issued
before the effective date of this chapter, is required to
pay a street impact fee in the amount specified in this
chapter.
2. No permits of the types described in subsec-
tion A of this section shall be issued until the street
impact fee described in this chapter has been paid,
unless the development for which the permit is
sought is exempted by subsection F of this section.
B. Computation of Amount of Street Impact Fee.
1. An applicant required by this chapter to pay a
street impact fee may choose to have the amount of
such fee determined pursuant to either subsection
(B)(2) or (B)(3) of this section. The amount of the fee
calculated pursuant to either subsection (B)(2) or
(B)(3) shall be subject to the following adjustments:
a. For the first expansion of an existing nonresi-
dential building, the amount calculated shall not
include the amount calculated for the expansion of
up to thirty percent as compared with its size on
February 22, 1996, or two thousand square feet,
whichever is less.
b. Beginning March 23, 1996, the fee shall be ten
percent of the amount calculated.
2. Unless an applicant requests that the city
determine the amount of such fee pursuant to subsec-
tion (B)(3) of this section, the city shall determine the
amount of the required street impact fee by reference
to Table 3.24.050. The fee amounts set forth in such
table include credits for expected future receipts of
(Bozeman 11.01)
state and federal highway funds and expected future
receipts of gas tax revenues applied to the street
improvements required to serve new development.
a. Ifthe applicant's development is ofa type not
listed in Table 3.24.050, then the city shall use the
fee applicable to the most nearly comparable type or
land use in the table. In making a decision about
which use is most nearly comparable, the city shall
be guided by the most recent edition of "Trip Gen-
eration: An Information Report" prepared by the
Institute of Transportation Engineers, or if such
publication is no longer available, then by a similar
publication. If the city determines that there is no
comparable type ofland use listed in the table, then a
new fee shall be determined by (i) finding the most
nearly comparable trip generation rate from the
above publication, and (ii) applying the formula set
forth in subsection (B)(3)(d) of this section.
b. If the applicant's development includes a mix
of those uses listed in Table 3.24.050, then the fee
shall be determined by adding up the fees that would
be payable for each use if it was a freestanding use
pursuant to Table 3.24.050.
c. Ifthe applicant is applying for an extension of
a permit issued previously, then the fee shall be the
net increase between the fee applicable at the time of
the current permit application and any street impact
fee previously paid pursuant to this chapter for the
same structure. In the event that the fee applicable at
the time of the current permit application is lower
than the street impact fee previously paid pursuant to
this chapter for the same structure, there shall be no
refund of street impact fees previously paid.
d. If the applicant is applying for a permit to
allow a change of use or the expansion, redevelop-
ment or modification of an existing development, the
fee shall be based on the net positive increase in the
fee for the new use as compared to the previous use.
If necessary to determine such net increase, the city
shall be guided by the most recent edition of "Trip
Generation: An Information Report" prepared by the
Institute of Transportation Engineers, or if such
publication is no longer available, then by a similar
publication. In the event that the proposed change of
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40-6
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use, expansion, redevelopment or modification
results in a net decrease in the fee for the new use or
development as compared to the previous use or
development, there shalJ be no refund of street
impact fees previously pa~d_
3. An applicant may request that the city deter-
mine the amount of the required street impact fee by
reference to an independent fee calculation study for
the applicant's development prepared by qualified
professional traffic engineers and/or economists at
the applicant's cost and submitted to the city engi-
neer. Any such study must show the traffic engi-
neering and economic methodologies and assump-
tions used, including but not limited to those forms of
documentation listed in subsections (B)(3)(a) and
(B )(3 )(b) of this section, and must be acceptable to
the city pursuant to subsection (B)(3)(c) of this
section.
a. Traffic engineering studies must include docu-
mentation of trip generation rates, trip lengths, any
percentage of trips from the site that represent net
additions to current trips from the site, the percentage
of trips that are new trips as opposed to pass-by or
divert-link trips, and any other trip data for the
proposed land use.
b. Economic studies must include documentation
of any special factors that the applicant believes wilJ
reduce the traffic volumes otherwise attributable to
the proposed land use.
c. The city shall consider alJ such documentation
and any independent fee calculation study submitted
by the applicant, but shall not be required to accept
any such study or documentation that the city deems
to be inaccurate or unreliable, and may request that
the applicant submit additional or different
documentation for consideration. Any independent
fee calculation study submitted by an applicant may
be accepted, rejected or accepted with modifications
by the city as the basis for calculating street impact
fees.
d. Upon acceptance or acceptance with modifica-
tions of an independent fee calculation study and
documentation, the city shall use the following
formulas to determine the street impact fee:
3.24.050
New Lane Miles = [(One Way Average Daily Trips x
Primary Trip Factor x Average Trip Length)/ (6,000
Vehicles per Day per Lane)]
Cost = New Lane Miles x $1,549,795 (from street
impact fee study)
Street Impact Fee = Cost x .448 (representing the
same 55.2% credit for expected state and federal
highway funding and gas tax revenues used to cal-
culate the fees in Table 3.24.050)
where:
"One way average daily trips"
means one-half ofthe average daily
trip ends on a weekday; and
"Primary trip factor" means that
percentage of average daily trips to
or from the development that are
primary trips, as opposed to pass-by
or divert-link trips; and
"Average trip length" means the
average distance per trip traveled on
public streets in the city.
C. Payment of Street Impact Fee.
1. An applicant for any of the permits or exten-
sions listed in subsection (A)(1) of this section shall
pay the street impact fee required by this chapter to
the city prior to the issuance of any such permit.
2. All funds paid by an applicant pursuant to this
chapter shall be identified as street impact fees and
shall be promptly deposited in the street impact fee
fund described in subsection D of this section.
D. Street Impact Fee Funds.
1. A single street impact fee fund is created, and
such fund shall be maintained in an interest bearing
account.
2. Such fund shall contain only those street
impact fees colJected pursuant to this chapter and any
interest which may accrue from time to time on such
amounts.
E. Use of Street Impact Fee Funds. The monies
in the street impact fee fund shall be used only ( 1 ) to
40-7
(Bozeman 11-01)
3.24.050
acquire land for and/or acquire or construct any
improvements to the major street system anywhere
within the city, or (2) to pay debt service on any
portion of any current or future general obligation
bond issue or revenue bond issue used to finance
improvements to the city's major street system,
including without limitation any such portions of the
city's 1995 general obligation bond issue, or (3) as
described in Sections 3.24.090 or 3.24.100(G).
F. Exemptions from Street Impact Fee.
1. The following types of development shall be
exempted from payment of the street impact fee:
a. Alterations or expansions of existing buildings
where the use is not changed, no additional residen-
tial units are created, and no additional vehicle trips
will be produced over and above those produced by
the existing use;
b. Construction of accessory buildings or struc-
tures that will not produce additional vehicle trips
over and above those produced by the primary build-
ing or land use;
c. The replacement of a destroyed or partially de-
stroyed building or structure with a new building or
structure of the same size and use where no
additional vehicle trips will be produced over and
above those produced by the original building or
structure;
d. The installation or replacement of a mobile
home on a lot or a mobile home site when a street
impact fee for such lot or site has previously been
paid pursuant to this chapter or where a mobile home
legally existed on such site on or prior to the
effective date of this chapter;
(Bozeman 11.0 I )
e. Any other type of development for which the
applicant can demonstrate that the proposed land use
and development will produce no more vehicle trips
from such site over and above the trips from such site
prior to the proposed development, or for which the
applicant can show that a street impact fee for such
site has previously been paid in an amount that
equals or exceeds the street impact fee that would be
required by this chapter for such development.
2. Any such claim for exemption must be made
no later than the time when the applicant applies for
the first permit of a type listed in subsection (AX1)of
this section for the proposed development, and any
claim for exemption not made at or before that time
shall have been waived.
3. The city manager or his designee shall deter-
mine the validity of any claim for exemption pursu-
ant to the criteria set forth in subsection (F)( 1) of this
section.
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3.24.050
Table 3.24.050
STREET IMPACT FEE SCHEDULE
TYPE OF DEVELOPMENT STREET IMP ACT FEE
RESIDENTIAL
Single-Family Detached $1,873.63 per unit
Multi-Family Dwelling; $1,269.92 per unit
Mobile Home $ 944.76 per unit
HotellMotel $1,705.23 per room
OFFICE PER 1,000 SQUARE FEET
General Office Building $3,256.88
Medical Office $5,920.64
COMMERCIAL PER 1,000 SQUARE FEET
Retail under 50,000 square feet $5,239.61
Retail between 50,000 and 99,999 square feet $5,510.75
Retail between 100,000 and 199,999 square feet $5,191.95
Retail between 200,000 and 299,999 square feet $4,785.24
Retail 300,000 square feet and over $4,513.03
Building Material/Lumber $3,099.07
Convenience Store $11,333.95
Discount Store $5,343.41
Drive-In Bank $8,146.97
Fast Food Restaurant $9,708.16
Furniture Store $330.45
Movie Theater $5,927.00
New Car Sales $3,649.83
Nursery/Garden Center $2,748.49
Quality Restaurant $7,351.55
Others not specified $5,239.61
INDUSTRIAL PER 1,000 SQUARE FEET
General Light Industrial $1,367.36
Manufacturing $756.23
Mini- Warehouse $513.69
Warehouse $956.41
INSTITUTIONAL PER 1,000 SQUARE FEET
Elementary School $158.87
40-9
(Bozemaa 11-01)
3.24.060
INSTITUTIONAL
High School
University
Day Care Center
Hospital
Nursing Home
Church/Synagogue
RECREATION
Golf Course
Park
(Ord. 1471 S 4, 1998; Ord. 1464 S 1, 1998; Ord.
1418 S 3, 1996; Ord. 1414 S 1 (part), 1996)
3.24.060 Fire protection impact fees.
A. Imposition ofPire Protection Impact Fees.
1. On or after March 23, 1996, any person who
seeks to obtain (a) a building permit, or (b) any
other permit that will result in construction that will
generate demand for fire protection services, or (c)
any extension of any such permit that was issued
before the effective date ofthis chapter, is required
to pay a fire protection impact fee in the amount
specified in this chapter.
2. No permits ofthe types described in subsec-
tion (A)(1) ofthis section shall be issued until the
fire protection impact fee described in this chapter
has been paid, unless the development for which the
permit is sought is exempted by subsection F of this
section.
B. Computation of Amount of Fire Protection
Impact Pee.
1. An applicant required by this chapter to pay
a fire protection impact fee may choose to have the
amount of such fee determined pursuant to either
subsection (B)(2) or (B)(3) of this section. The
amount of the fee calculated pursuant to either sub-
section (B)(2) or (B)(3) of this section shall be
subject to the following adjustments:
a. F or the first expanslOn of an existing
nonresidential building, the amount calculated shall
not include the amount calculated for the expansion
of up to thirty percent as compared with its size on
(Bozeman 1I-0 I)
40.10
PER 1,000 SQUARE FEET
$335.75
$1,127.99
$1,168.24
$2,061.10
$658.79
$1,144.94
e
$6,513.77 per hole
$193.82 per acre
February 22, 1996, or two thousand square feet,
whichever is less.
b. Beginning March 23, 1996, the fee shall be
ninety percent of the amount calculated
2. Unless an applicant requests that the city
determine the amount of such fee pursuant to sub.
section (B)(3) of this section, the city shall deter-
mine the amount of the required fire protection
impact fee by reference to Table 3.24.060.
a. If the type of development that a permit is
applied for is not listed in Table 3.24.060, then the
city shall use the fee applicable to the most nearly
comparable type or land use in the table.
b. If the type of development that a permit is
applied for includes a mix of those uses listed in
Table 3.24.060, then the fee shall be determined by
adding up the fees that would be payable for each
use if it was a freestanding use pursuant to Table
3.24.060.
c. Ifthe applicant is applying for an extension
of a permit issued previously, then the fee shall be
the net increase between the fee applicable at the
time of the current permit application and any fire
protection impact fee previously paid pursuant to
this chapter for the same structure. In the event that
the fee applicable at the time of the current permit
application is lower than the fire protection impact
fee previously paid pursuant to this chapter for the
same structure, there shall be no refund of fire pro.
tection impact fees previously paid.
d. If the applicant is applying for a permit to
allow a change of use or for the expansion, redevel~
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opment or modification of an existing development,
the fee shall be based on the net increase in the fee
for the new use as compared to the previous use. In
the event that the proposed change of use, expan-
sion, redevelopment or mO,dification results in a net
decrease in the fee for the new use or development
as compared to the previous use or development,
there shall be no refund of fire protection impact
fees previously paid.
3. An applicant may request that the city deter-
mine the amount of the required fire protection
impact fee by reference to an independent fee calcu-
lation study for the applicant's development pre-
pared at the applicant's cost by qualified profession-
al fire protection experts and/or economists and
submitted to the city fire chief. Any such study shall
be based on the same service standards and unit
costs for fire protection used in the fire impact fee
study prepared by James Duncan and Associates
dated October 1995, and as updated, and must
document the economic methodologies and
assumptions used. Any independent fee calculation
study submitted by an applicant may be accepted,
rejected or accepted with modifications by the city
as the basis for calculating fire protection impact
fees. If such study is accepted or accepted with
modifications as a more accurate measure of the
demand for new fire protection facilities and
equipment created by the applicant's proposed
development than the applicable fee shown in Table
3.24.060, then the fire protection impact fee due
under this chapter may be calculated according to
such study.
C. Payment of Fire Protection Impact Fees.
I. An applicant required by this chapter to pay
a fire protection impact fee shall pay such fee to the
city prior to the issuance of any ofthe permits listed
in subsection (A)( 1) of this section.
2. All funds paid by an applicant pursuant to
this chapter shall be identified as fire protection
impact fees and shall be promptly deposited in the
fire protection impact fee fund described in subsec-
tion D of this section.
40-11
3.24.060
D. Fire Protection Impact Fee Funds.
1. A single fire protection impact fee fund is
created, and such fund shall be maintained in an
interest bearing account.
2. Such fund shall contain only those fire pro-
tection impact fees collected pursuant to this
chapter and any interest which may accrue from
time to time on such amounts.
E. Use of Fire Protection Impact Fee Funds.
The monies in the fire protection impact fee fund
shall be used only (1) to acquire or construct fire
protection improvements within the city, or (2) to
pay debt service on any portion of any future
general obligation bond issue or revenue bond issue
used to finance the acquisition or construction of
fire protection improvements within the city, or (3)
as described in Sections 3.24.090 or 3.24.100(G).
F. Exemptions from Fire Protection Impact Fee.
1. The following types of development shall be
exempted from payment of the fire protection im-
pact fee:
a. Reconstruction, expansion or replacement of
a previously existing residential unit that does not
create any additional residential units.
b. Construction of unoccupied accessory units
related to a residential unit.
c. Projects that the applicant can demonstrate
will produce no greater demand for fire protection
from such land than existed prior to issuance of
such permit.
d. Projects for which a fire protection impact
fee has previously been paid in an amount that
equals or exceeds the fire protection impact fee that
would be required by this chapter.
2. Any such claim for exemption must be made
no later than the time when the applicant applies for
the first permit of a type listed in subsection (A)( 1)
of this section for the proposed development, and
any claim for exemption not made at or before that
time shall have been waived.
3. The city manager or his designee shall
determine the validity of any claim for exemption
pursuant to the criteria set forth in subsection
(F)( 1) of this section.
(Bozeman 11-01)
3.24.070
Table 3.24.060 e
FIRE PROTECTION IMP ACT FEE SCHEDULE
TYPE OF DEVELOPMENT FIRE PROTECTION IMP ACT FEE
RESIDENTIAL ,
Sin~le-Family Detached $191.71 per unit
Sin~le-Fami1y Attached $160.99 per unit
Duplex $120.74 per unit
Multi-Family $87.91 per unit
Mobile Home $87.91 per unit
OFFICE/INSTITUTIONAL PER 1,000 SQUARE FEET
Under 10,000 square feet $97.44
Between 10,000 and 49,999 square feet $187.47
50,000 square feet and over $376.00
COMMERCIAL/HOTEL PER 1,000 SQUARE FEET
Under 10,000 square feet $187.47
Between 10,000 and 49,999 square feet $285.97
Between 50,000 and 99,999 square feet $473.44
100,000 square feet and over $563.47
INDUSTRIAL PER 1,000 SQUARE FEET
Under 10,000 square feet $187.47
Between 10,000 and 49,999 square feet $376.00 e
50,000 square feet and over $563.47
(Ord. 1471 ~ 5, 1998: Ord. 1464 ~ 2, 1998; Ord. B. Computation of Amount of Water Impact
1418 ~ 4, 1996; Ord. 1414 ~ 1 (part), 1996) Fee.
1. An applicant required by this chapter to pay
3.24.070 Water impact fees. a water impact fee may choose to have the amount
A. Imposition of Water Impact Fees. of such fee determined pursuant to either subsection
1. On or after March 23, 1996, any person who (B)(2) or (B)(3) of this section. The amount of the
seeks to obtain a permit for connection to the city fee calculated pursuant to either subsection (B)(2)
water system or any extension of such a permit or (B)(3) of this section shall be subject to the fol-
issued before the effective date of this chapter is re- lowing adjustments:
quired to pay a water impact fee in the amount Beginning May 10, 1998, the fee shall be fifty
specified in this chapter. percent of the amount calculated.
2. No penn its for connection to the city water 2. Unless an applicant requests that the city
system shall be issued until the water impact fee detennine the amount of such fee pursuant to sub~
described in this chapter has been paid, unless the section (B)(3) of this section, the city shall deter~
development for which the permit is sought is ex- mine the amount of the required water impact fee
empted by subsection F of this section. by reference to Table 3.24.070. If the applicant is
40-12 e
(Bozeman 11-01)
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applying for a replacement for a water connection
permit issued previously, then the fee shall be the
net positive difference between the fee applicable at
the time of the current permit application and any
water impact fee previously paid pursuant to this
chapter for the same structure. In the event that the
fee applicable at the time of the replacement permit
application is lower than the water impact fee previ.
ously paid pursuant to this chapter for the same
structure, there shall be no refund of water impact
fees previously paid.
3. An applicant may request that the city deter-
mine the amount of the required water impact fee
by reference to an independent fee calculation study
for the applicant's development prepared at the
applicant's cost by a professional engineer and/or
economists and submitted to the city public service
director. Any such study shall be based on the same
service standards and unit costs used in the water
and wastewater impact fee study prepared by James
Duncan and Associates dated October 1995, and as
updated, and must document the economic
methodologies and assumptions used. Any
independent fee calculation study submitted by an
applicant may be accepted, rejected or accepted
with modifications by the city as the basis for
calculating water impact fees. If such study is
accepted or accepted with modifications as a more
accurate measure of the demand for new water
facilities created by the applicant's proposed
development than the applicable fee shown in Table
3.24.070, then the water impact fee due under this
chapter may be calculated according to such study.
C. Payment of Water Impact Fee.
1. An applicant required by this chapter to pay
a water impact fee shall pay such fee to the city
prior to the issuance of a water connection permit.
2. All funds paid by an applicant pursuant to
this chapter shall be identified as water impact fees
and shall be promptly deposited in the water impact
fee fund described in subsection 0 of this section.
D. Water Impact Fee Funds.
1. A single water impact fee fund is created,
and such fund shall be maintained in an interest
bearing account.
40-13
3.24.070
2. Such fund shall contain only those water
impact fees collected pursuant to this chapter and
any interest which may accrue from time to time on
such amounts.
E. Use ofWaterlmpact Fee Funds. The monies
in the water impact fee fund shall be used only (1)
to acquire or construct improvements to the city
water system, or (2) to pay debt service on any
portion of any future general obligation bond issue
or revenue bond issue used to finance
improvements to the city water system, or (3) as
described in Sections 3.24.090 or 3.24_IOO(G).
F. Exemptions from Water Impact Fees.
I. The following types of development shall be
exempted from payment of the water impact fee:
a. Alteration or expansion of an existing build-
ing that does not require an additional or larger
water tap;
b. Replacement of a building or structure of the
same size that does not require an additional or
larger water tap;
c. The location of mobile home on a site for
which a water impact fee was previously paid, and
that does not require an additional or larger water
tap.
2. The installation of fire lines for fire protec-
tion shall be exempted from payment of the water
impact fee.
3. Any such claim for exemption must be made
no later than the time when the applicant applies for
the first permit of a type listed in subsection (A)( 1)
of this section for the proposed development, and
any claim for exemption not made at or before that
time shall have been waived.
4. The city manager or his designee shall deter-
mine the validity of any claims for exemption pur-
suant to the criteria set forth in subsections (F)( 1)
and (F)(2) of this section.
(Bozeman 11-01)
3.24.080
Table 3.24.070
e
WATER IMPACT FEE SCHEDULE
SIZE OF WATER COST PER METER
,
METER
5/8 or 3/4 inch
1 inch
11/4 inch
11/2 inch
2 inch
3 inch
4 inch
6 inch
8 inch
(Ord. 1471 ~ 7, 1998: Ord. 1464 ~ 3, 1998; Ord.
1418 ~ 5, 1996; Ord. 1414 ~ I (part), 1996)
3.24.080 Wastewater impact fees.
A. Imposition of Wastewater Impact Fees.
1. On or after March 23, 1996, any person who
seeks to obtain a pennit for connection to the city
wastewater system or any extension of such a
penn it issued before the effective date of this
chapter is required to pay a wastewater impact fee
in the amount specified in this chapter.
2. No permits for connection to the city
wastewater system shall be issued until the
wastewater impact fee described in this chapter has
been paid, unless the development for which the
pennit is sought is exempted by subsection F of this
section.
B. Computation of Amount of Wastewater Im~
pact Fee.
1. An applicant required by this chapter to pay
a wastewater impact fee may choose to have the
amount of such fee determined pursuant to either
subsection (B)(2) or (B)(3) of this section. The
amount of the fee calculated pursuant to either sub-
section (B)(2) or (B)(3) of this section shall be
subject to the following adjustments:
Beginning May 10, 1998, the fee shall be
(Bozeman 11-0 I )
40~14
$ 2,258.1 I
$ 5,645.26
$ 7,903.37
$ 11,290.53
$ 18,064.85
$ 36,129.69
$ 56,452.64
$112,905.28
$180,648.45
fifty percent of the amount calculated.
2. Unless an applicant requests that the city
determine the amount of such fee pursuant to sub-
section (B)(3) of this section, the city shall deter-
mine the amount of the required wastewater impact
fee by reference to Table 3.24.080. If the applicant
is applying for a replacement for a wastewater con-
nection permit issued previously, then the fee shall
be the net positive difference between the fee appli-
cable at the time of the current permit application
and any wastewater impact fee previously paid
pursuant to this chapter for the same structure. In
the event that the fee applicable at the time of the
replacement penn it application is lower than the
wastewater impact fee previously paid pursuant to
this chapter for the same structure, there shall be no
refund of wastewater impact fees previously paid.
3. An applicant may request that the city deter-
mine the amount of the required wastewater impact
fee by reference to an independent fee calculation
study for the applicant's development prepared at
the applicant's cost by a professional engineer
and/or economists and submitted to the city public
service director. Any such study shall be based on
the same service standards and unit costs used in the
water and wastewater impact fee study prepared by
James Duncan and Associates dated October 1995,
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and as updated, and must document the economic
methodologies and assumptions used. Any
independent fee calculation study submitted by an
applicant may be accepted, rejected or modified by
the city as the basis for calculating wastewater
impact fees. If such study is accepted or accepted
with modifications as a more accurate measure of
the demand for new wastewater facilities created by
the applicant's proposed development than the
applicable fee shown in Table 3.24.080, then the
wastewater impact fees due under this chapter shall
be calculated according to such study.
C. Payment of Wastewater Impact Fee.
1. An applicant required by this chapter to pay
a wastewater impact fee shall pay such fee to the
city prior to the issuance of a wastewater
connection permit.
2. All funds paid by an applicant paid pursuant
to this chapter shall be identified as wastewater
impact fees and shall be promptly deposited in the
wastewater impact fee fund described in subsection
D of this section.
D. Wastewater Impact Fee Funds.
1. A single wastewater impact fee fund is creat-
ed, and such fund shall be maintained in an interest
bearing account.
2. Such fund shall contain only those
wastewater impact fees collected pursuant to this
chapter and any interest which may accrue from
time to time on such amounts.
E. Use of Wastewater Impact Fee Funds. The
monies in the wastewater impact fee fund shall be
used only (1) to acquire or construct improvements
to the city wastewater system, or (2) to pay debt
service on any portion ofany future general obliga.
tion bond issue or revenue bond issue used to fi-
nance improvements to the city wastewater system,
or (3) as described in Section 3.24.090 or Section
3.24. 1 OO(G).
F. Exemptions from Wastewater Impact Fees.
1. The following types of development shall be
exempted from payment of the wastewater impact
fee:
40-15
3.24.080
a. Alteration or expansion of an existing build-
ing that does not require an additional or larger
water tap;
b. Replacement of a building or structure of the
same size that does not require an additional or
larger water tap;
c. The location of mobile home on a site for
which a wastewater impact fee was previously paid,
and that does not require an additional or larger
water tap.
2. Any such claim for exemption must be made
no later than the time when the applicant applies for
the fIrst permit of a type listed in subsection (A)(l)
of this section for the proposed development, and
any claim for exemption not made at or before that
time shall have been waived.
3. The city manager or his designee shall
determine the validity of any claim for exemption
pursuant to the criteria set forth in subsection
(F)( 1) of this section.
(Bozeman II ~o I)
3.24.090
Table 3.24.080
e
WASTEWATER IMPACT FEE SCHEDULE
SIZE OF WATER METER
5/8 or 3/4 inch
I inch
11/4 inch
11/2 inch
2 inch
3 inch
4 inch
6 inch
8 inch
(Ord. 1471 9 7, 1998: Ord. 1464 9 4, 1998; Ord.
141896, 1996; Ord. 14149 1 (part), 1996)
3.24.090 Refunds of development impact
fees paid.
Refunds of development impact fees shall be
made only in the following instances and in the
following manner:
A. Upon application to the impact fee coordina-
tor by the applicant, the city shall refund the devel-
opment impact fee paid if capacity is available and
service is denied.
B. 1. Upon application to the impact fee coordi~
nator by the applicant, the city shall refund the
development impact fee paid and not expended or
encumbered if the city, after collecting the fee when
service is not available, has failed to encumber the
fee or commence construction within ten years from
the date the development impact fee was paid. In
determining whether development impact fees have
been expended or encumbered, fees shall be consid-
ered encumbered on a first-in, first-out (FIFO)
basis.
2. When the right to a refund exists due to a
failure to encumber development impact fees, the
city shall provide written notice of entitlement to a
(Bozeman 11-0 I )
40-16
COST PER METER
$2,862.88
$7,157.73
$10,020.61
$14,314.40
$22,903.04
$45,806.08
$71,571.99
$143,143.99
$229,030.38
refund to the applicant who paid the development
impact fee at the address shown on the application
for development approval, or to an applicant's suc-
cessor in interest who has given the city notice of
the transfer or assignment of the right or entitlement
to a refund and who has provided the city with a
mailing address. The city shall also publish such
notice within thirty days after the expiration ofthe
ten year period from the date development impact
fee was paid. The published notice shall contain the
heading "Notice of Entitlement to Development
Impact Fee Refund."
C. If an applicant has paid a development im-
pact fee required by this chapter and has obtained
any of the types of permits or extensions listed in
Sections 3.24.050 (A)(1), 3.24.060 (AX!), 3.24.070
(A)(1) or 3.24.080{A){I), and the permit or
extension for which the fee was paid later expires
without the possibility of further extension, then the
applicant who paid such fee shall be entitled to a
refund of the fee paid, without interest. In order to
be eligible to receive such refund, the applicant who
paid such fee shall be required to submit an
application for such refund within thirty days after
the expiration of the permit or extension for which
the fee was paid.
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D. A refund application shall be made to the
impact fee coordinator within one year from the
date such refund becomes payable under sub-
sections A and B of this section or within one year
from the date of publication of the notice of
entitlement of a refund u~der subsection B of this
section, whichever is later. Any refund not applied
for within said time period shall be deemed waived.
E. A refund application shall include informa-
tion and documentation sufficient to permit the
impact fee coordinator to determine whether the
refund claimed is proper and, if so, the amount of
such refund.
F. A refund shall include a pro rata share of
interest actually earned on the unused or excess
development impact fee paid.
G. All refunds shall be paid within sixty days
after the impact fee coordinator determines that
such refund is due. (Ord. 1418 9 7, 1996: Ord. 1414
9 1 (part), 1996)
3.24.100 Credits against development
impact fees.
A. After the effective date of this chapter, all
mandatory or voluntary land or easement
dedications for street, fire protection, water or
wastewater improvements, and all mandatory or
voluntary acquisition or construction of improve-
ments to the major street system or the city fire
protection, water or wastewater systems by an
applicant in connection with a proposed develop-
ment shall result in a pro rata credit against the
development impact fee for the same type of service
or facility otherwise due for such development,
except that no such credit shall be awarded for (1)
projects or land dedications not listed on the impact
fee capital improvements program or (2) land
dedications for or acquisition or construction of
project-related improvements as defined in Section
3.24.040(G), or Section 3.24.040(3) any voluntary
land or easement dedications not accepted by the
city, or (4) any voluntary acquisition or construction
of improvements not approved in writing by the city
prior to commencement of the acquisition or
construction.
40-1 7
3.24.100
B. In order to obtain a credit against develop.
ment impact fees otherwise due, an applicant must
submit a written offer to dedicate to the city specific
parcels of qualifying land or easements or to
acquire or construct specific improvements to the
major street system or the city fire protection, water
or wastewater systems in accordance with all
applicable state or city design and construction
standards, and must specifically request a credit
against such development impact fees. Such written
request must be made on a form provided by the
city, must contain a statement under oath of the
facts that qualify the applicant to receive a credit,
must be accompanied by documents evidencing
those facts, and must be filed not later than the
initiation of construction of improvements or the
acceptance by the city of land dedications, or the
applicant's claim for the credit shall be waived.
The granting of credit shall be approved by the city
commission.
C. The credit due to an applicant shall be calcu.
lated and documented as follows:
1. Credit for qualifying land or easement dedi-
cations shall, at the applicant's option, be valued at
(a) one hundred percent of the most recent assessed
value for such land as shown in the records of the
city assessor, or (b) that fair market value estab-
lished by a private appraiser acceptable to the city
in an appraisal paid for by the applicant.
2. In order to receive credit for qualifying
acquisition or construction of street, fire protection,
water or wastewater improvements, the applicant
shall submit complete engineering drawings,
specifications and construction cost estimates to the
city. The city 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.
D. Approved credits shall become effective at
the following times:
1. Approved credit for land or easement dedi.
cations shall become effective when the land has
been conveyed to the city in a form acceptable to
the city and at no cost to the city and has been
(Bozeman 11-01)
3.24.100
accepted by the city commission. When such con.
ditions have been met, the city shall note that fact in
the credit record maintained by the city finance
department. Upon request of the credit holder, the
city shall send the credit holder a letter stating the
credit balance available to him (~r her).
2. Approved credits for the acquisition or con-
struction of street, fire protection, water or
wastewater improvements shall generally become
effective when (a) all required construction has
been completed and has been accepted by the city,
and (b) a suitable maintenance and warranty bond
has been received and approved by the city, and (c)
all design, construction, inspection, testing, bonding
and acceptance procedures have been completed in
compliance with all applicable city and state proce-
dures. However, approved credits for the construc~
tion of improvements may become effective at an
earlier date if the applicant posts security in the
form of a perfonnance bond, irrevocable letter of
credit or escrow agreement and the amount and
terms of such security are accepted by the city. 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 to construct the improve-
ments for which the credit was given, whichever is
higher. When such conditions have been met, the
city shall note that fact in the credit record main-
tained by the city finance department. Upon request
of the creditholder, the city shall also send the
creditholder a letter stating the credit balance
available to him (or her).
E. Approved credits may be used to reduce the
amount of development impact fees due from any
proposed development for the same type of service
or facility for which the applicant dedicated land or
acquired or constructed improvements until the
amount of the credit is exhausted. Each time a re~
quest to use credit from a mandatory or voluntary
dedication, acquisition or construction is presented
to the city, the city shall reduce the amount of the
development impact fee ofthe same type otherwise
due from the applicant, and shall note in the city re~
cords the amount of credit remaining, if any. In the
case of a mandatory dedication, acquisition or con~
(Bozeman 11-01) 40.18
struction, any credit in excess of the amount of the
development impact fee otherwise due under this
chapter shall be deemed excess credit that is
remaining and available for use by the applicant. In
the case of a voluntary dedication, acquisition or
construction, any credit in excess of the amount of
the development impact fee of the same type and
applicable to the project, as shown in Tables
3.24.050,3.24.060,3.24.070 or 3.24.080, shall be
deemed excess credit that is remaining and avail-
able for use by the applicant. Upon request of the
creditholder, the city shall also send the credit
holder a letter stating the amount of credit
remaining to him (or her).
F. Approved credit shall only be used to reduce
the amount of development impact fees of the same
type otherwise due under this chapter, and shall not
be paid to the applicant in cash or in credit against
any development impact fees for a different type of
facility or service or against any other monies due
from the applicant to the city, except as described in
subsection G of this section.
G. If the amount of approved credit for a man-
datory dedication, acquisition or construction ex~
ceeds the amount of the development impact fees of
the same type otherwise due under this chapter, the
applicant may request in writing that the city pro~
vide for reimbursement of any excess credit to the
applicant in cash. Such written request must be filed
not later than the initiation of construction of
improvements or the acceptance by the city of land
dedications or the applicant's claim shall be waived.
Upon receipt of such a written request, the city may,
at its discretion, (1) arrange for the reimbursement
of such excess credit from the impact fee fund for
the same type of service or facility from
development impact fees paid by others, (2) arrange
for the reimbursement of such excess credit through
the issuance of a promissory note payable in not
more than ten years and bearing interest equal to the
interest rate paid by the city for its long-tenn debt,
or (3) reject the request for cash and provide credit.
Such excess credit shall be valued at one hundred
percent of actual developer costs for the excess
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improvements or at the actual appraised value of
such excess improvements, at the city's option.
H. Credit may be transferred from one holder to
another by any written instrument clearly
identifying the credit issued under subsection C of
this section that are to be transferred, provided that
such instrument is signed by both the transferror
and transferee, and that the document is delivered to
the city for registration of the change in ownership.
I. In the event that land is annexed into the city
from Gallatin County after the effective date of this
chapter, and that road or fire impact fees have been
previously paid to the county at the time of a
subdivision or minor subdivision of such land, an
applicant proposing a development on the land may
request in writing a credit against the street impact
fee equal to the amount of any road impact fee paid
to the county for the same land, and may also
request a credit against the fire protection impact
fee equal to the amount of any fire protection im-
pact fee paid to the county for the same land. Such
written request must be filed not later than the time
when an applicant applies for the first permit of a
type listed in Sections 3.24.0S0(A)(1) or
3 .24.060(A)( 1) that creates an obligation to pay the
type of development impact fee against which the
credit is requested, or the applicant's claim shall be
waived. (Ord. 1471 ~ 8, 1998: Ord.1418 ~ 8, 1996:
Ord. 1414 ~ 1 (part), 1996)
3.24.110 Miscellaneous provisions.
A. Interest earned on monies in any impact fee
fund shall be considered part of such fund, and shall
be subject to the same restrictions on use applicable
to the impact fees deposited in such fund.
B. No monies from any impact fee fund shall be
spent for periodic or routine maintenance of any
facility of any type or to cure deficiencies in public
facilities existing on the effective date of this
chapter.
C. Nothing in this chapter shall restrict the city
from requiring an applicant to construct reasonable
project improvements required to serve the appli-
cant's project, whether or not such improvements
40-19
3.24.110
are of a type for which credit is available under Sec-
tion 3.24.100.
D. The city shall maintain accurate records of
the development impact fees paid, including the
name ofthe person paying such fees, the project for
which the fees were paid, the date of payment of
each fee, the amounts received in payment for each
fee, and any other matters that the city deems ap-
propriate or necessary to the accurate accounting of
such fees, and such records shall be available for
review by the public during city business hours.
E. At least once during each fiscal year of the
city, the city administrative services director shall
present to the city commission a proposed capital
improvements program for the major street system,
the city fire protection system and the city water
and wastewater systems, and such capital improve-
ments program shall assign monies from each
impact fee fund to specific projects and related
expenses for improvements to the type of facilities
or services for which the fees in that fund were
paid. Any monies, including any accrued interest,
not assigned to specific projects within such capital
improvements program and not expended pursuant
to Sections 3.24.090 or 3.24.IOO(G) shall be
retained in the same impact fee fund until the next
fiscal year. The impact fee capital improvements
program shall be adopted by the city commission as
a supplemental document to the city budget. The
impact fee capital improvements program shall
anticipate project expenditures and fund revenues
for a five year period. The individual fee funds
shall maintain a positive fiscal balance. The
program may be amended by a majority vote of the
city commission. The city manager shall adopt and
revise, as needed, an administrative impact fee
manual to carry out the purposes of this chapter.
F. The city shall be entitled to retain not more
than two percent of the development impact fees
collected as payment for the expenses of collecting
the fee and administering this chapter. In the case of
refunds of development impact fees under Section
3.24.090 (B), the city shaH be entitled to retain not
more than an additional two percent of the develop
ment impact fee payment made by the applicant as
(Bozeman 11-01)
3.24.110
payment for the expenses of processing the reim.
bursement request.
G. If a development impact fee has been calcu-
lated and paid based on a mistake or misrepresenta.
tion, it shall be recalculated. Any amounts overpaid
by an applicant shall be refunded by the city to the
applicant within thirty days after the city's accep.
tance of the recalculated amount, with interest at the
rate offive percent per annum since the date of such
overpayment. Any amounts underpaid by the appli.
cant shall be paid to the city within thirty days after
the city's acceptance ofthe recalculated amount,
with interest at the rate of five percent per annum
since the date of such underpayment. In the event
the underpayment is caused by an error attributed
solely to the city, the applicant shall pay the recal.
culated amount without interest. In the case of an
underpayment to the city, the city shall not issue
any additional permits or approvals for the project
for which the development impact fee was previ-
ously paid until such underpayment is corrected,
and if amounts owed to the city are not paid within
such thirty day period, the city may also repeal any
permits issued in reliance on the previous payment
of such development impact fee and refund such fee
to the then current owner of the land.
H. In order to promote the economic develop-
ment of the city and the provision of affordable
housing in the city, the city commission may agree
to pay some or all of the development impact fees
imposed on a proposed development by this chapter
from other funds of the city that are not restricted to
other uses. Any such decision to pay development
impact fees on behalf of an applicant shall be at the
discretion of the city commission and shalI be made
pursuant to goals and objectives previously adopted
by the city commission to promote economic de-
velopment and/or affordable housing.
I. Any determination made by any official of
the city charged with the administration of any part
of this chapter may be appealed to the development
impact fees review committee by filing (1) a written
notice of appeal on a form provided by the city, (2)
a written explanation of why the appellant feels that
a determination was in error, and (3) an appeal fee
(Bozeman 11..(1) 40-20
of one hundred eighty dollars with the impact fee
coordinator within ten days after the determination
for which the appeal is being filed. The develop-
ment impact fees review committee shall meet to
review the appeal within thirty business days of the
date the written appeal was presented to the impact
fee coordinator. If the appellant is dissatisfied with
the decision of the development impact fees review
committee, the appellant may appeal the decision to
the city commission by filing a written request with
the clerk of the commission within ten business
days of the committee's decision. At the regular
meeting following the filing of the appeal, the city
commission shall fix a time and place for hearing
the appeal, and the clerk of the commission shall
mail notice of the hearing to the appellant at the
address given in the notice of appeal. The hearing
shall be conducted at the time and place stated in
such notice given by the city commission. The
determination of the city commission shall be final.
Ifthe city commission concludes that all or part of a
determination made by an official of the city
charged with the administration of any part of this
chapter was in error, then the appeal fee described
above shall be returned to the appellant.
J. The development impact fees described in
this chapter and the administrative procedures and
manual of this chapter shall be updated at least once
eveI)' three fiscal years to ensure that (1) the
demand and cost assumptions underlying such fees
are still valid, (2) the resulting fees do not exceed
the actual cost of constructing improvements that
are of the type for which the fee was paid and that
are required to serve new development, (3) the
monies colIected or to be collected in each impact
fee fund have been and are expected to be spent for
improvements of the type for which such fees were
paid, and (4) that such improvements will benefit
those developments for which the fees were paid.
K. The development impact fees shown in
Tables 3.24.050, 3.24.060, 3.24.070, and 3.24.080
shall be adjusted annually to reflect the effects of
inflation on those costs for improvements set forth
in the impact fee studies. Beginning on January 1,
1999, and on January 1st of each following year
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unless and until the fees in Tables 3.24.050,
3.24.060, 3.24.070 and/or 3.24.080 are revised or
replaced, each fee amount set forth in each such
table shall be adjusted by multiplying such amount
by a fraction, the numerator of which is the United
States Consumer Price Index for all Urban
Consumers for All Items-Source: U.s. De-
partment of Labor, Burea~ of Labor Statistics for
the area for the most recent period for which figures
are available, and the denominator of which is Con-
sumer Price Index for All Items for the same area
for the period one year prior to the period reflected
in the numerator. Such adjustments in such fees
shall become effective immediately upon
calculation by the city, and shall not require
additional action by the city commission to be
effective.
L. Violation of this chapter shall be a misde-
meanor and shall be subject to those remedies pro-
vided in Bozeman Municipal Code Section
1.16.010. Knowingly furnishing false information
to any official of the city 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
traffic impacts from a proposed development, shall
be a violation of this chapter. In addition to or in
lieu of any criminal prosecution, the city or any
applicant for a permit of the types described in
Sections 3.24.0S0(A)(l), 3.24.060(A)(1),
3.24.070(A)(I) or 3.24.080(AX1) shall have the
right to sue in civil court to enforce the provisions
of this chapter.
M. The section titles used in this chapter are for
convenience only, and shall not affect the
interpretation of any portion of the text of this
chapter.
N. Any judicial action or proceeding to attack,
review, set aside or annul the reasonableness, legal-
ity or validity of any development impact fee must
be filed and service of process effected within nine-
ty days following the date of imposition ofthe fee
or the final determination of the city commission,
40.21
3.24.110
whichever is the later. (Ord. 1471 S 9, 1998: Ord.
1418 S 9, 1996: Ord. 1414 S 1 (part), 1996)
(Bozeman Il"() I)
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