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HomeMy WebLinkAboutResolution 5227 Amending the Community Development Fee Schedule 1 RESOLUTION 5227 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE FEE SCHEDULE FOR THE REVIEW OF ZONING, SUBDIVISION, ANNEXATION, GROWTH POLICY PROPOSALS AND OTHER COMMUNITY DEVELOPMENT RELATED REVIEW PROCESSES, AS ALLOWED BY SECTIONS 7-1-101, 76-1-410, 76-3-201(4) AND 76-3-602, MONTANA CODE ANNOTATED (MCA) AND SECTION 38.200.140, BOZEMAN UNIFIED DEVELOPMENT CODE. WHEREAS, the City of Bozeman collects fees to cover the administrative costs of processing and reviewing zoning, subdivision, annexation, growth policy proposals and other planning related review processes; and WHEREAS, said fee schedule must be updated from time to time to reflect changes in City procedures, increases in costs to the City and legislative changes at the State level; and WHEREAS, Section 76-3-201(5), MCA authorizes local governments to collect fees, not to exceed $200, to examine subdivision exemptions and Section 76-3-602, MCA authorizes local governments to establish reasonable fees, to be paid by the subdivider, to defray the expense of reviewing subdivision exemptions; and WHEREAS, the City of Bozeman is authorized to collect fees for the review of annexation, zoning and growth policy proposals, based on the provisions of Section 7-1-101, MCA, because state statute does not prohibit the collection of fees for annexation, zoning review and growth policy proposal review; and WHEREAS, the City of Bozeman has adopted standards for short term rentals that require expenditures for review processing for which revenues must be collected to offset; and WHEREAS, the City of Bozeman has adopted standards for building permits that require expenditures for review processing for zoning compliance for which revenues must be collected to offset; and DocuSign Envelope ID: 2BDD0BE4-74CC-49FC-B9BE-D9EAD212F346 2 WHEREAS, the City of Bozeman is authorized to collect fees for the review of annexation, zoning, growth policy proposals and long range planning, based on the provisions of Section 7-1-101, MCA, because state statute does not prohibit the collection of fees for annexation, zoning and growth policy proposal review; and WHEREAS, the City of Bozeman is authorized to collect fees for the purposes of 76-1- 102, MCA which is accomplished by development and implementation of the growth policy which fees are in addition to any other authorized review fees, based on the provisions of Section 76-1-410, MCA and the City has committed through Resolution 4112 to the growth policy contents as required; and WHEREAS, Section 38.200.140 of the Bozeman Unified Development Code states that: “The city commission must establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to his chapter. The schedule of fees for the procedures listed below will be set from time to time by the city commission by resolution. The fees must be available in the office of the community development director and may be altered or amended only by the city commission.”; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 The fee schedule for the fees, charges and expenses review of impact fee deferrals, zoning, subdivision, annexation and growth policy proposals, building permit review for zoning compliance, registration of short term rentals, and all other reviews associated with the review of applications, agreements and other reviews as specified in the Unified Development Code shall be as follows and replaces all previously adopted fees: See Exhibit A Section 2 This fee schedule shall be in full force and effect on January 1, 2021. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 27th day of October, 2020. CYNTHIA L. ANDRUS Mayor DocuSign Envelope ID: 2BDD0BE4-74CC-49FC-B9BE-D9EAD212F346 3 ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 2BDD0BE4-74CC-49FC-B9BE-D9EAD212F346 Resolution 5227 Exhibit A – Revised per City Commission motion to establish maximum fees. Staff working draft for implementation. Res. 5227 Exhibit A Fee Schedule for Planning Review Applications 1 Fee Schedule for Planning Review Applications Effective January 1, 2021 Cells highlighted in yellow changed with this action. Red text shows the difference within the cell. Application Type Base Fee Scaled fee by project size Pre-Application Consultation - If these charges are incurred, the fees must be paid prior to final project approval. 1 Pre-application Consultation with City Planners $44 per hour after initial 2 hours Site Development 2 Master Site Plan $2,049 3 Site Plan $2,224 $118 per DU, not to exceed 150 DU; Non Residential Space 0-30,000 SF - $530 per 1,000 ft2 Additional ft2- $250 per 1,000 ft2 not to exceed 150,000 sq. ft. Buildings with four or more stories- $102 per 1,000 ft2 after initial 30,000 ft2 not to exceed 150,000 sq. ft. Subdivision Development 4 Subdivision Pre-Application (Step 1) $ 505 minor/ $965 major $42 per lot 5 Subdivision Preliminary Plat (Step 2) $2,049 minor/ $3,260 major; PLUS noticing fee of $6.50 per physically contiguous property owner $85 per lot subject to sketch plan/$35 per lot subject to site plan 6 Subdivision Final Plat (Step 3) $1,814 minor/ $3,026 major $35 per lot 7 Subdivision Exemption $200 8 Condominium Review (Independent of site development process) $188 Planned Unit Development 9 PUD Concept Plan (Step 1) $1,573 DocuSign Envelope ID: 2BDD0BE4-74CC-49FC-B9BE-D9EAD212F346 Resolution 5227 Exhibit A – Revised per City Commission motion to establish maximum fees. Staff working draft for implementation. Res. 5227 Exhibit A Fee Schedule for Planning Review Applications 2 Application Type Base Fee Scaled fee by project size 10 PUD Preliminary Plan (Step 2) $1,808 If follow up site plan required: $45 per DU not to exceed 150 DU; $140 per 1,000 ft2 of non-residential space. not to exceed 150,000 sq. ft. If no follow up site plan required: $95 per DU; 0-30,000 SF - $530 per 1,000 ft2 non-residential space. Additional ft2- $250 per 1,000 ft2 >30,000 sq. ft. not to exceed 150,000 sq. ft. Buildings with four or more stories- $102 per 1,000 ft2 after initial 30,000 ft2 not to exceed 150,000 sq. ft. 11 PUD Final Plan (Step 3) $1,445 $45 per DU; $140 per 1,000 ft2 of non-residential space Annexation 12 Annexation (Including Initial Zone Map Amendment) $1,768 Appeals 13 Appeal of Administrative Interpretation $822 14 Appeal of Administrative Project Decision $1,688 Zoning Reviews & Design Reviews 15 Commercial Reuse $143 16 Commercial/Non-Residential COA (Independent of a Site Plan or Reuse application) $385 17 Historic Neighborhood (NCOD) Design Review / Residential COA $136 18 Informal Review $310 per Board 19 Zoning Deviation $234 each 20 Zoning Variance or Subdivision Variance – independent $1,879 37 Zoning Departure, Variance, or PUD Relaxation in association with another application $248 each 38 Special Use Permit (SUP) $1,263 21 Conditional Use Permit (CUP) $1,688 22 Special Temporary Use Permit $189 per week 23 Comprehensive Sign Plan Review $253 24 Zoning Verification $109 25 Regulated Activities in Wetlands no fee DocuSign Envelope ID: 2BDD0BE4-74CC-49FC-B9BE-D9EAD212F346 Resolution 5227 Exhibit A – Revised per City Commission motion to establish maximum fees. Staff working draft for implementation. Res. 5227 Exhibit A Fee Schedule for Planning Review Applications 3 Application Type Base Fee Scaled fee by project size Regulatory Changes 26 Zoning Map Amendment (non-Annexation) $2,049 $58 per acre 27 UDC Text Amendment $1,860 28 Growth Policy Amendment $3,260 $32 per acre If Growth Policy Map is amended Penalty / Special Consideration Fees - If these charges are incurred, the fees must be paid prior to final project approval. 29 After the Fact Permit $327 in addition to all other applicable fees 30 3rd and Subsequent Submission of Revised Materials 1/4 of total original application fee 31 Modification / Amendment to Approved Plan $305 32 3rd or Subsequent Occupancy Site Inspection $135 33 Extension to Approved Plan $382 if City Commission approval is needed; $135 all others 34 Initial Improvements Agreement (IA) $542 OR 1 percent of face value, whichever is greater 35 Reduction in Security (other than final) $270 36 Impact Fee Deferral $69 37 Pre-application Consultation with Planners (after initial 2 hours) $45 Abbreviations: UDC = Unified Development Code; DU = Dwelling Unit; COA = Certificate of Appropriateness; NCOD = Neighborhood Conservation Overlay District; Planning Review Fees for Building & Sign Permits These fees will be assessed and collected by the Building Dept. as part of the permitting process. No planning application is needed. Permit Type Planning Review Fee Sign Permit Review $148 if in Overlay District; $30 all others Residential Building Permit Review $58 Commercial/Industrial Building Permit Review $123 Registration and Inspection Fees for Short Term Rentals These fees will be assessed and collected by the Department of Community Development as part of the registration process. Registration is required annually. A zoning review may be required in addition. DocuSign Envelope ID: 2BDD0BE4-74CC-49FC-B9BE-D9EAD212F346 Resolution 5227 Exhibit A – Revised per City Commission motion to establish maximum fees. Staff working draft for implementation. Res. 5227 Exhibit A Fee Schedule for Planning Review Applications 4 Action Fee Short Term Rental Registration $250 Fire Inspection $225 DocuSign Envelope ID: 2BDD0BE4-74CC-49FC-B9BE-D9EAD212F346