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HomeMy WebLinkAboutOrdinance 05- 1633 Revises impact fees .-..-----..".- .-...------... 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 - 2 - ------ 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. - 3 - ..---..----... -. 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 - 4 - .. . ..--.------- -----...-.-.-----.-.----..--.. .. 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 - 5 - _n____ . n _....____. _ ._.._. __.____.._._...._ _ ._.___ _. _n ..____._.._....._..__....._ 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 - 6 - 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. - 7 - .....--..---------.- 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 - 8- --------- 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 -9- ------.... 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. - 10 - - -.---.----- 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. - 11 - 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. - 12 - 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. - 13 - -..-.----.------- 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 - 14 - -------