HomeMy WebLinkAboutOrdinance 07- 1714 Providing for the Repayment of Impact Fees Deferred under the Workforce Housing Program
ORDINANCE NO. 1714
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY AMENDING SUBSECTION A.3. OF SECTION 17.02.060 TO
PROVIDE FOR THE REPAYMENT TO THE CITY OF IMPACT FEES DEFERRED
UNDER THE WORKFORCE HOUSING PROGRAM.
WHEREAS, Bozeman has adopted Ordinance 1710 creating a workforce housing program; and,
WHEREAS, Ordinance 1710 provided for the waiver of impact fees under certain
circumstances; and,
WHEREAS, it was subsequently determined that such waiver could not be legally applied; and,
WHEREAS, the City Commission wishes to assist in the cost reduction of housing built under
the workforce housing program; and,
WHEREAS, allowance of an incremental payment of impact fees would accomplish that
assistance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOZEMAN CITY COMMISSION:
Section 1
That Subsection 17.02.060 A. 3. ofthe Bozeman Municipal Code be amended so that Section 17.02.060.A.3.
reads:
17.02.060. Cost Offsets
A. Developers and builders may choose to take advantage of as many of the following cost offsets as arc
appropriate for their project, subject to any limitations listed with specific offsets~
3. A sliding scale of fully waived, redueed and partially deferred impact fees will be used for WHUs.
WHUs priced for sale to households making 70% or less of AMI qualifY for 100%:waived deferred
impact fee~. Units priced for sale to households making 71-80% AMl:-tIualifu for 50% waived
deferred impact fee~ and 50% impact fee payment def-erred l.mtil reqfilred::nrior to certificate of
occupancy. Units priced for sale to households making 81 % to 90% AMI.qiratify for 25% \vaived
deferred impact fee~ and 75% impact fee payment deferred l:mtil required brior to certificate of
occupancy. Units priced for sale to households at 91-100% AMI qualify for 100% impact fee
payment def-erred uRtil required prior to certificate of occupancy.
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a. After 10 years of unchane:ed ownership. all deferred impact fees shall be paid to the
City whenever the property is refinanced. sold. or chane:es ownership.
Section 3
Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 4
Savine:s Provision. This ordinance does not affect the rights and duties that matured, penalties that
were incurred or proceedings that were begun before the effective date of this ordinance.
Section 5
Severability. If any portion of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may be
given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are
declared to be severable.
Section 6
Effective Date. This ordinance shall be in full force and effect on September 26,2007.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 13th day of August 2007.
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PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 27th day of August 2007.
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