HomeMy WebLinkAboutOrdinance 05- 1633 Revises impact fees
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ORDINANCE NO. 1633
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY
REVISING SECTIONS 3.24.050, 3.24.060, 3.24.070, AND 3.24.080; AND PROVIDING
FOR REVISED FEES IN THE TABLES FOR EACH OF THE IMPACT FEE PROGRAMS.
WHEREAS, the City Commission did, on the 22nd day of January 1996 adopt Ordinance No.
1414, establishing impact fees for streets, fire, water and wastewater; and
WHEREAS, the City Commission did, on the 15th day of April 1996 adopt Ordinance No. 1418,
revising the impact fee program; and
WHEREAS, the City Commission did, on the 6th day of April 1998 adopt Ordinance No. 1464,
revising the percentages at which water and wastewater impact fees are assessed; and
WHEREAS, the City Commission did, on the 1st day of June 1998 adopt Ordinance No. 1471,
providing for revisions to reference the James Duncan and Associates study, as updated; amending the
definitions to include a definition of "impact fee capital improvement program;" providing for revisions to
the credits against development impact fees program; and, providing for updated fees reflecting
inflationary increases as established by ordinance in the tables for each of the impact fee programs; and
WHEREAS, at the general election held on the 3rd day of November 1998, the electorate
approved an initiative increasing impact fees to 90 percent of the amount calculated in the James
Duncan and Associates study; and
WHEREAS, at the general election held on the 7th day of November 2000, the electorate
approved a change in the form of government from municipal commission-manager with general
government powers to commission-manager with self-government powers; and
WHEREAS, the City Commission did, on the 3rd day of December 2001 adopt Ordinance No.
1551, providing that all ordinances, resolutions and fees in effect as of the date of the election would
remain in full force and effect; and
WHEREAS, a lawsuit challenging the impact fee programs was filed February 17, 1999, and the
City of Bozeman and the parties to that suit have agreed on a settlement which includes reduction of
current impact fees by ten percent (10%) for a period of two years or until new fee rate levels are
implemented based on new analyses, whichever occurs first; and
WHEREAS, the City Commission did, on the 7th day of February 2005, direct staff to take the
necessary actions to implement the settlement of said lawsuit, to include an ordinance reducing current
impact fees by ten percent (10%), to be effective upon Court approval of the settlement and lapse of
appeal period, until such time new impact fees are implemented, but in no event to exceed two years
from the date of Court approval.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
The Bozeman Municipal Code be amended by amending Section 3.24.050, so that such section
shall read as follows:
"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 subsection 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.
S. 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 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
February 22, 1996, or two thousand square feet, whichever is less.
b. Beginning March 23, 1996 May 18, 2005, until further amended, the fee shall be ninety percent
t96%1 eighty percent (80%) of the amount calculated.
2. Unless an applicant requests that the city determine the amount of such fee pursuant to
subsection (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 state and federal highway funds and expected future receipts of gas tax revenues applied to
the street improvements required to serve new development.
a. If the applicant's development is of a 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
Generation: 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 of land 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. If the 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,
redevelopment 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
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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 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 shall be no refund of street impact fees previously paid.
3. An applicant may request that the city determine 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
engineer. Any such study must show the traffic engineering and economic methodologies and
assumptions 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 pursuantto subsection (B)(3)(c)
of this section.
a. Traffic engineering studies must include documentation 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
will reduce the traffic volumes otherwise attributable to the proposed land use.
c. The city shall consider all 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 modifications of an independent fee calculation study and
documentation, the city shall use the following formulas to determine the street impact fee:
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 $1,889,625.14 (from street impact fee study with inflationary
adjustments)
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 calculate the fees in Table 3.24.050)
where:
"One way average daily trips" means one-half of the 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 extensions 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.
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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 collected 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 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 3.24.1 OO(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
residential 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 structures that will not produce additional vehicle trips
over and above those produced by the primary building or land use;
c. The replacement of a destroyed or partially destroyed 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;
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 (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.
TABLE 3.24.050
STREET IMPACT FEE SCHEDULE
TYPE OF DEVELOPMENT STREET IMPACT FEE
RESIDENTIAL
Single-Family Detached $1,073.63 1,745.64 per unit
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Multi-Family Dwelling $1,209.92 1, H~3 'it per unit
Mobile Home $ 944.76 SaO,2? per unit
Hotel/Motel $1,70::;.23 'j ,5a8./ 4 per room
OFFICE PER 1,000 SQUARE FEET
General Office Building $3,2::;0.803,034,:m
Medical Office $5,920.04 5,t;16, 1 a
COMMERCIAL PER 1,000 SQUARE FEET
Retail under 50,000 square feet $5,239.61 4,939,:3:5
Retail between 50,000 and 99,999 square feet $5,510.755,'194.93
Retail between 100,000 and 199,999 square feet $5,191.9::; 4,894.40
Retail between 200,000 and 299,999 square feet $4,785.244,5'10,99
Retail 300,000 square feet and over $4,513.034,254.39
Building Material/lumber $3,099.072,921,46
Convenience Store $11,333.95 10,684.40
Discount Store $5,343.41 5,037,17
Drive-In Bank $8,146.977,680.07
Fast Food Restaurant $9,708.169,151."78
Furniture Store $330.45311.52
Movie Theater $::;,927.005,587.32
New Car Sales $3,649.03 3,440,,65
Nursery/Garden Center $2,748.492,590,97
Quality Restaurant $7,351.55 6,930.23
Others not specified $5,239.61 4,939,33
INDUSTRIAL PER 1,000 SQUARE FEET
General light Industrial $1,367.301,273.95
Manufacturing $756.23 704,57
Mini-Warehouse $513.69478.59
Warehouse $956.41 891.07
INSTITUTIONAL PER 1,000 SQUARE FEET
Elementary School $158.87148.02
High School $335.75312.81
University $1,127.991,050.94
Day Care Center $1,168.241,088.43
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Hospital $2,OG1.101,920.30
Nursing Home $650.79 (:) 1:'5.19
Church/Synagogue $1, 144.94 '1,066.72
RECREATION
Golf Course $6,513.776,068.78 per hole
Park $193.02180.58 per acre
Section 2
The Bozeman Municipal Code be amended by amending Section 3.24.060, so that such section
shall read as follows:
"3.24,060 Fire Protection Impact Fees
A. Imposition of Fire 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 of this chapter, is required to pay a Fire Protection Impact Fee in the amount
specified in this chapter.
2. No permits of the types described in subsection (A)(1) of this 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 Fee
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
subsection (B)(2) or (B)(3) of this section shall be subject to the following adjustments:
a. For the first expansion of an existing non-residential building,
the amount calculated shall not include the amount calculated for the
expansion of up to thirty (30) percent as compared with its size on February
22, 1996, or 2,000 square feet, whichever is less.
b. Beginning March 23, 1996 May 18, 2005, until further
amended, the fee shall be ninety percent (90%) eighty percent (80%) of the
amount calculated.
2. Unless an applicant requests that the City determine the amount of such
fee pursuant to subsection (B)(3) of this section, the City shall determine 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
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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. If the 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 Protection Impact Fees previously paid.
d. If the applicant is applying for a permit to allow a change of
use or for the expansion, redevelopment, 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, 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 shall be no refund of Fire Protection
Impact Fees previously paid.
3. An applicant may request that the City determine the amount of the required
Fire Protection Impact Fee by reference to an independent fee calculation study for the
applicant's development prepared at the applicant's cost by qualified professional 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
1. 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 of the 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 subsection D of this section.
D. Fire Protection Impact Fee Funds
1. A single Fire Protection Impact Fee Fund is hereby created, and such fund
shall be maintained in an interest bearing account.
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2. Such fund shall contain only those Fire Protection 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 Section 3.24.090 or 3.24.1 OO.G.
F. Exemptions from Fire Protection Impact Fee
1. The following types of development shall be exempted from payment of the
Fire Protection Impact 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.
TABLE 3.24.060
II FIRE PROTECTION IMPACT FEE SCHEDULE II
TYPE OF DEVELOPMENT FIRE PROTECTION IMPACT FEE
RESIDENTIAL
Single-family Detached $191.71178.61 per unit
SinQle-family Attached $160.99149.99 Der unit
Duplex $120.74 112.49 per unit
Multi~Family $8T:9t 81.90 per unit
Mobile Home $8T:9t 81.90 per unit
OFFICE/INSTITUTIONAL PER 1,000 SQUARE FEET
Under 10 000 sa. ft. $97-:-44 90.79
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Between 10,000 and 49,999 sq. ft. $107.47 '174.66
50,000 sq. ft. and over $37C.00 350.31
COMMERCIAUHOTEL PER 1,000 SQUARE FEET
Under 10,000 sq. ft. $187.47174.66
Between 10,000 and 49,999 Sq. ft. $285.97266.43
Between 50,000 and 99,999 sa. ft. $473.44444.10
100,000 sq. ft. and over $563.47524.97
INDUSTRIAL PER 1,000 SQUARE FEET
Under 10,000 Sq. ft. $187.47174.66
Between 10,000 and 49,999 sq. ft. $376.00350.31
50,000 sq. ft. and over $:::iG3.47524.97
Section 3
The Bozeman Municipal Code be amended by amending Section 3.24.070, so that such section
shall read as follows:
"3.24.070 Water ImDact Fees
A. Imposition of Water Impact Fees
1. On or after March 23, 1996, any person who seeks to obtain a permit for
connection to the City water system or any extension of such a permit issued before the
effective date of this chapter is required to pay a Water Impact Fee in the amount
specified in this chapter.
2. No permits for connection to the City water system shall be issued until the
Water 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 Water Impact Fee
1. An applicant required by this chapter to pay a Water 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) of this section shall be subject to the following adjustments:
a. Beginning MBY 10, 1996 May 18. 2005, until further
amended, the fee shall be fifty percent (50%) eighty percent (80%) of the
amount calculated.
2. Unless an applicant requests that the City determine the amount of such
fee pursuant to subsection (B)(3) of this section, the City shall determine the amount of
the required Water Impact Fee by reference to Table 3.24.070. If the applicant is 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
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application is lower than the Water Impact Fee previously 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 determine 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 D of this section.
D. Water Impact Fee Funds
1. A single Water Impact Fee Fund is hereby created, and such Fund shall be
maintained in an interest bearing account.
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 of Water Impact 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 Section 3.24.090 or 3.24.1 OO.G.
F. Exemptions from Water Impact Fees
1. The following types of development shall be exempted from payment of the
Water Impact Fee:
a. Alteration or expansion of an existing building 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 protection shall be exempted from
payment of the Water Impact Fee.
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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 determine the validity of any claims
for exemption pursuant to the criteria set forth in subsections (F)(1) and (F)(2) of this
section.
TABLE 3.24.070
II WATER IMPACT FEE SCHEDULE II
SIZE OF WATER METER COST PER METER
5f8-or 3/4 inch $2,258.11 2,1.03.84
1 inch $5,645.26 5,259.61
1 1/4 incn $7,903.377,363..45
1 1/2 inch $11 ,290.~3 10,51922
2 inch $18,064.8516,830,75
3 inch $36, 129.G9 33,661.50
4 inch $56,452.G4 52,596.10
6 inch $112,905.28 105,19220
8 inch $180,648.45168,307.52
"
Section 4
The Bozeman Municipal Code be amended by amending Section 3.24.080, so that such section
shall read as follows:
"3.24.080 Wastewater Imoact Fees
A. Imposition of Wastewater Impact Fees
1. On or after March 23, 1996, any person who seeks to obtain a permit for
connection to the City wastewater system or any extension of such a permit 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 permit is sought is exempted by subsection F of this section.
B. Computation of Amount of Wastewater Impact 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 subsection
(B)(2) or (B)(3) of this section shall be subject to the following adjustments:
Beginning May 10, 1998 May 18,2005, until further amended, the fee shall
be fifty percent (~O%) eighty percent (80%) of the amount calculated.
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2. Unless an applicant requests that the City determine the amount of such
fee pursuant to subsection (8)(3) of this section, the City shall determine the amount of
the required Wastewater Impact Fee by reference to Table 4. If the applicant is applying
for a replacement for a wastewater 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 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
permit 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 determine 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, 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 hereby created, 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 of any future general obligation bond issue or revenue bond issue used to
finance improvements to the City wastewater system, or (3) as described in Section 3.24.090 or
3.24.100.G.
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F. Exemptions from Wastewater Impact Fees
1. The following types of development shall be exempted from payment of the
Wastewater Impact Fee:
a. Alteration or expansion of an existing building 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)(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.
TABLE 3.24.080
II WASTEWATER IMPACT FEE SCHEDULE II
SIZE OF WATER METER COST PER METER
5/8 or 3/4 inch $2,062.882,649.05
1 inch $7,157.736,623.12
1 1/4 inch $10,020.61 9,272.17
1 1/2 inch $14,314.4013,245.26
2 inch $22,903.04 21,192.41
3 inch $45,806.0842,384.83
4 inch $71,571.99 66,226.29
6 inch $143,143.99 132,452.59
8 inch $229,030.38211,924.14
Section 5
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in
conflict herewith are hereby repealed.
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Section 6
Severability.
If any provisions of this ordinance or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect
without the invalid provision or application and, to this end, the provisions of this ordinance are declared
to be severable.
Section 7
Effective Date.
This ordinance shall be in full force and effect only upon publication by title and number in a
newspaper of general circulation. but in no event prior to May 18, 2005.
PASSED by the City Commission of the City of Bo ema ,Montana, on first reading at a regular
session thereof held on the 4th day of April 2005.
ATTEST:
e~.~~~
Clerk of the Commission
PASSED. ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading at a regular session thereof h Id e 18th day of Apri 1 2005.
ATTEST:
~Y~P
R N L. SULLIVAN ~
Clerk of the Commission
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