HomeMy WebLinkAboutOrdinance 96- 1418, Amends §§ 3.24.010, 3.24.040~3.24.110, impact fees
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ORDINANCE NO. 1418
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED
BY ORDINANCE NO. 1414, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN
THE BOZEMAN
MUNICIPAL CODE,
BE AMENDED BY REVISING SECTIONS
3.24.010, 3.24.040,
3.24.050, 3.24.060,
3.24.070, 3.24.080,
3.24.090,
3.24.100 AND
3.24.110; PROVIDING
FOR REVISIONS TO
DEFINITIONS;
REVISIONS TO EXEMPTIONS
TO STREET IMPACT FEES, FIRE PROTECTION
IMPACT FEES,
WATER IMPACT
FEES AND W ASTEW A TER
IMPACT FEES;
REFUNDS OF DEVELOPMENT FEES PAID; AND ESTABLISHING A DEVELOPMENT
IMPACT FEES REVIEW COMMITTEE.
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 3.24.010, so that such
section shall read as follows:
"3.24.010 LeQislative FindinQs.
The City Commission of the City of Bozeman, Montana finds that:
A. The protection of the health, safety,
and general 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 department and within those areas connected to its water and wastewater
systems.
B. New residential and nonresidential
development 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 Improvements to the City's street, fire
protection, water, and wastewater systems on those developments that create the need for
them.
F. All types of development that are
not explicitly 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)d03t~d4q(11JqtYlfl.9
li,iJlJtJ)th~ Fire Impact Fee Studv,
and Water and Wastewater Impact Fee Study;g?tg9'QPr9P~r1.9flP> prepared by James Duncan
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and Associates dotcd October 1005 set forth reasonable methodologies and analyses for
determining 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 hereby 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 development in the City, and it is therefore appropriate to treat the entire City as a single
service area for purposes 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.
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 connected 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 appropriate 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.
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O. This chapter creates a system by which Development 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."
Section 2
The Bozeman Municipal Code be amended by amending Section 3.24.040, so that such
section shall read as follows:
"3.24.040 Definitions
A. "Development" means any construction or expansion or 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.
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bg. "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.
9 ft. "Impact Fee Studies" means the Street Impact Fee Studvj:::g~t~~,'4~nY?ryt.Q.!l??,
~OP'
t~i; Fire Impact Fee Study,. and Water and Wastewater Impact Fee Studv,,'g?t~P';P(9Jj~~:::~:t'g~-i,,
prepared by James Duncan and Associates dotcd October 1995.
E~. "Improvement" means planning, land acquisition, 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 (10) years, but
not including maintenance, operations, or improvements that do not expand capacity.
F- R. "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
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improvements to the City's street, fire protection, water, or wastewater systems required to
serve the applicant's proposed development, 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.
G/. "Site gtql~~~-Related Improvements" means site-related improvements include,
without limitation, all access streets adjacent to the proposed development 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 development; and all wastewater lines or facilities adjacent to, leading to, or located
within and serving only the development."
Section 3
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 Section 3.24.050.A above 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 Section
3.24.050.F of this chapter.
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 Section
3.24.050.B.2 or 3 below.
The amount of the Fee calculated pursuant to
either Section 3.24.050.B.2 or 3 shall be subject to the following adjustments:
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teSS.
G- I.).
Beginning March 23, 1996, the Fee shall be ten percent
(10%) of the amount calculated.
On or before May 1, 1997, the
City Commission shall review the
fees to determine whether a
percentage or all of the remainder
of the fee shall be implemented
and, if implemented, the timeframe
and percentage of the fee
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2. Unless an applicant requests that the City determine the amount of such
Fee pursuant to Section 3.24.50.8.3 below, the City shall determine the
amount of the required Street Impact Fee by reference to Table 1.
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
1, 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 Section 3.24.050.B.3.d of this chapter.
b. If the applicant's development
includes a mix of those uses
listed in Table 1, then the Fee shall be determined by adding up
the Fees that would be payable for each use if it was a free-
standing use pursuant to Table 1.
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 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 Sections a. and b. below, and must be acceptable
to the City pursuant to Section c. below.
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.
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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)/(
12,000 R/g;q~ 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 calculate the
Fees in Table 1)
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 Section
3.24.050.A.1 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 Section 3.24.050.0.
D. Street Impact Fee Funds
1 . A single Street Impact Fee Fund
is hereby 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
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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 Section 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:
J.
ExpJn~jon~ of exi~ting non rc:::idcntiol building::: by up to, but
not including, twenty pcrccnt (20~(')
03 compJred with thcir ~izc
on Febru::uy 22, 1006, provided,
however, that tho cxpJn:::ion,
"..hen combined with JII prcviou~
cxpan::;ion::: occurring after
February 22, 1 gg6, doc~ not totJI
twenty pcroont (20%) or more
of the :::izc of the building cxi~ting
on February 22, 1996.
a 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.
gq.
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.
eG.
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.
ed.
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.
t ~.
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 Sec
tion
3.24.050.A.1 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 Section 3.24.050.F.1 ."
Section 4
The Bozeman Municipal Code be amended by amending Section 3.24.060, so that such
section shall read as follows:
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"3.24.060 Fire Protection Imcact
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 Section 3.24.060.A.1 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
Section 3.24.060.F.
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
Section 3.24.060.8.2 or 3 below. The amount of the Fee calculated pursuant
to either Section 3.24.060.B.2
or 3 shall be subject to the following
adjustments:
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1~iiiBI~~~~
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-G- fi.
Beginning March 23, 1996, the Fee shall be ninety percent
(90%) of the amount calculated.
On or before May 1, 1997, the
City Commission shall review the
fees to determine whether a
percentage or all of the remainder
of the fee shall be implemented
and, if implemented, the timeframe
and percentage of the fe€.
IJmt}Jlr)tdjH4f.tlClt~cJ .
2. Unless an applicant requests that
the City determine the amount of such
Fee pursuant to Section 3.24.60.B.3 below, the City shall determine the
amount of the required Fire Protection Impact Fee by reference to Table 2.
a.
If the type of development that a permit is applied for is not
listed in Table 2, 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 2, then the Fee shall
be determined by adding up the
Fees that would be payable for
each use if it was a free-standing
use pursuant to Table 2.
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 pro
posed 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
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..
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 Imoact Fee
Study prepared by James Duncan and Associates dated October 1995, 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
2, 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 Section 3.24.060.A.1.
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 Section 3.24.060.0.
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.
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 3.24.100.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:
J.
E)(pan3ion~ of c)<iJting non residcntiJI building~ by up to, but
not including, twenty percont (20%)
:JO oomp:Jrod with their Gizo
on February 22, 1996, provided,
howcver, thJt the oxp:JnJion,
whcn combined with 011 previous
e)(pan~ionJ oocurring after
February 22, 1996, dOCJ not totJI
twenty perccnt (20%) or more
of tho Gizc of tho building existing
on FebruJry 22, 1996.
B 8.
Reconstruction, expansion, or replacement of a previously
existing residential
unit that does not create any additional
residential units.
~ 9 -
e/.).
Construction of unoccupied accessory units related to a
residential unit.
aC.
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.
e fl.
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 Section
3.24.060.A.1 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 Section 3 .24.060.F.1 ."
Section 5
The Bozeman Municipal Code be amended by amending Section 3.24.070, so that such
section shall read as follows:
"3.24.070 Water Impact 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 Section
3 .24.070.F.
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 Section
3.24.070.B.2 or 3 below.
The amount of the Fee calculated pursuant to
either Section 3.24.070.B.2 or 3 shall be subject to the following adjustments:
0
Beginning March 23, 1996, the Fee shall be thirty-five
percent (35%) of the amount calculated. On or before May
1, 1997, the City Commission shall review the fees to
determine whether a percentage or all of the remainder of
the fee shall be implemented and, if implemented, the
t i m e f ram e and per c e n tag e 0 f the -f-Be ?riJi:ttJlJt.f;X'J(i:Jd(?t~i:!.
2. Unless an applicant requests that
the City determine the amount of such
Fee pursuant to Section 3.24.70.B.3 below, the City shall determine the
amount of the required Water Impact Fee by reference to Table 3. 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 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.
- 10 -
u____._.
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 ImDact Fee Study
prepared by James Duncan and Associates dated October 1995, 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, 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 Section 3.24.070.0.
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
3.24.100.G.
F. Exemptions from Water Impact Fees
1 . The following types of development
shall be exempted from payment of
the Water Impact Fee:
a.
Expan:3ion:3 of cxi:Jting non rC:3idcntial building:3 by up to, but
not including, twcnty pcrccnt (20~{')
os comparcd with thcir :Jizc
on Fcbruory 22, 1996, providcd,
however, thot the Q)cponcion,
whcn combincd with 011 prcviou:3
c)cpan:Jion:3 occurring aftcr
Fcbru;)ry 22, 1006, dOC:3 not tot;)1
twenty pcrccnt (20~(') or marc
of the sizc of thc building cxisting
on Febru;)ry 22, 1 gg6.
ea.
Alteration or expansion of an existing building that does not
require an additional or larger
water tap.
e I).
Replacement of a building or structure of the same size that
does not require an additional
or larger water tap.
e 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.
- 1 1 -
..---- .-
.----.-----
-- --..-- _._--~-_.~_.- .._.._-~------
-.----..--. ~.
- -.- -.".
2. The installation
of fire lines for fire protection 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 Section
3.24.070.A.1 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 Sections
3.24.070.F.1 and 2."
Section 6
The Bozeman Municipal Code be amended by amending Section 3.24.090, so that such
section shall read as follows:
" 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 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 Section
3.24.080.F.
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
Section 3.24.080.B.2 or 3 below. The amount of the Fee calculated pursuant
to either Section 3.24.080.B.2 or 3 shall be subject to the following
adjustments:
0 Beginning March 23, 1996, the
Fee shall be thirty-five
percent (35%) of the amount calculated. On or before May
1, 1997, the City Commission shall review the fees to
determine whether a percentage or all of the remainder of
the fee shall be implemented and, if implemented, the
timeframe and percentage of the -f-BB ?mqqnt@?19Yl?t~w.
2. Unless an applicant
requests that the City determine the amount of such
Fee pursuant to Section 3.24.080.B.3 below, 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 must
~ 12 -
.._~~_..-
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 4, 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 Section 3.24.080.D.
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 3.24.1 OO.G.
F. Exemptions from Wastewater Impact Fees
1 . The following types of development
shall be exempted from payment of
the Wastewater Impact Fee:
J.
E)(pJncionc of c)dating non rcaidontiJI buildings by up to, but
not including, twenty perecnt (20%)
a::; compared with their aize
on February 22, 1906, provided,
however, that the c)(p~msion,
when combined 'vVith all previous
c>(pansionc occurring after
February 22, 1996, doee not tot:11
twenty percent (20%) or morc
of the sizc of the building existing
on Fcbruary 22, 1906.
e 4.
Alteration or expansion of an existing building that does not
require an additional or larger
water tap.
ea.
Replacement of a building or structure of the same size that
does not require an additional
or larger water tap.
eG.
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 Section
3.24.080.A.1 for the proposed development, and any claim for exemption not
made at or before that time shall have been waived.
- 13 -
... - .--
3. The City Manager or his
designee shall determine the validity of any
claim for exemption pursuant to the criteria set forth in Section 3.24.080.F.1."
Section 7
The Bozeman Municipal Code be amended by amending Section 3.24.090, so that such
section shall read as follows:
"3.24.090. Refunds of Development Impact
Fees Paid
^ Any monic~ in ~my ImpJct Fcc Fund thJt hJve not been ::ipent or encumbered within
T ,. ten (10) yoarc aftor tho data on '(:hieh ~ueh Fcc wa~ paid chall, upon application
to tho City by
thc thcn currcnt owner of thc IJnd for which thc Fcc wa::i paid, be returncd to ~ueh owner with
interect at the rate of five (5) percent per annum cinco tho dJte of payment.
In ardor to be
cligiblc to rcccivc 3uch refund, thc thcn owncr of the land ::iholl bc required to ::iubmit on
Jpplioation for cuoh rofund within ~i)( (6) month~ after the expiration of ~ueh ten (10) yoar
pcriod.
A~
BO> If an applicant has paid a Development Impact Fee required by this chapter and
has
obtained any of the types of permits or extensions listed in Sections 3.24.050.A.1
or
3.24.060.A.1 or 3.24.070.A.1 or 3.24.080.A.1, 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
- 14 -
-
for such refund within thirty (30) days after the expiration of the permit or extension for which
the Fee was paid.
Q.'~(~!illf<la.pjjllc#tlo1!~haltbe>mf!y!~{()tf1elijfp~f;(E~~~/99if!lij~'9I'VXttljtitp.iJ~"~~~?9:~~t
(!91ptlfit,fli~~$j!ql,,.~((lt!fle~e9lp~~p~y#ftli;iittct~i/?/lf~f!,.~e.IJ!;~#fiXqfJ9~tlJi~~~At(91jp!il1~lQ
qifi:tt~yi1;irf!9itlj~il"'t~9tPHP1(q~ttilQPZtlj~!fIqttqi1;'q(fij(ff(~fjj~Qtp~'~n~rllijit,i!fjf!llt
l"'riglliiil1-a9~f"l!~~qitPn~rll1IJl"~Y~r!$t#ti1;(.~iJYIJ(r~r;iijitnq!~ilplf~i:fj:~l:9rJ:il1lJliJiitjlJll.fjj~
... ,. ,."" ".
P!flifq..#lfljl!?e~qiJ~ijj~?t.i~l",~?t..
m ,~"n:..~.'..~.t~fqfJtt.fJPp!!i;.fJtlqf1;..#hljl!iiJi:;!qt!etf1fCJl:f1J{Jt!iJ/lfJ,iJftgiJt;iJijj~iJ,ljt(4iJ~ij!lipl~i}'.tiJpfli!i}lt
t~~.~~~lijiittlfA~lflt~pi#8cfl1JatQrt9g#tiJ(iJJliJ~Vy.IJi;~l1.e;,.tlji;zl#l,!ijcf<<l(JliJJ!<I[~prqp~1I:,'~iJJ/A1(#9ft.IJi;
i!ijjgiJq~:'::iJ!:~gith"~tf)fi.lijl!..
g.l!,.~fi.ltjfl#l1.f!lllQqlllt!iJipi6ri~tif#h~i(i()tfi#~t##t~clq~{1'Y~#tiJJ~qi:lQt/J~:..fl(fti~fijtH9i;
~#,q~~~12gYlJlppijj~1)t...1TtJf1.iJl!t...1i~~..PiJid.
.............................".................".",.,."""............... ..,..
Gn~!!ii1;!iiilds#haIlPf)paldllVithla~i*ty(~(J)ilf!y/sa(fef.i.hJi!iffpie'Ff!~..r;llgi:<<(iJ~r9i;
fll!tij!ri))1jJl#tb~t...~l.tpl}...rt;.fl!l)J!..f!;....alJ(J.
C. ^fter 0 Development Impact Fcc ha:; been paid purJuant to thi:; chapter, no refund
of any port of :Jueh Fcc sholl be mode if the project for whieh the Fcc wO:J paid i:; later
demoli:;hed, de:;troyed, or di:;eonneeted from the City water or wa:Jtewater :;y:;temJ, or i:;
altered, reeon:;trueted, or reeonfigured :;0 OJ to reduce the :;ize of the project. the number of
units in the project, the amount of traffic generated by the project, or the Jize of any water top
for the project.
D. At the time of payment of any Development Impact Fee under thi:; chapter, the
City
Jhall provide the applicant paying Jueh Fcc with written notice of th03e eireum:;taneeJ under
which refund:; of :;ueh Fcc:; will be mode. Failure to deliver :;ueh written
notice 3hall not
invalidate any collection of any Development Impact Fcc under thi:; chapter."
Section 8
The Bozeman Municipal Code be amended by amending Section 3.24.100, so that such
section shall read as follows:
"3.24.100 Credits aQainst Development Impact Fees
A. After the effective date of this chapter, all mandatory or voluntary land qr@?~~m@qt
dedieation$ for street, fire protection, water, or wastewater Improvements, and all mandatory
or voluntary acquisition or construction of Improvements to the Major Street System or the City
fire protection, water, or wastewater systems by an applicant in connection with a proposed
development shall result in a pro rata credit against the Development Impact Fee for the same
~ 1 5 ~
"'"
type of service or facility otherwise due for such development, except that no such credit shall
be awarded for (1) land dedications for or acquisition or construction of S#e e!,ql~~t-Related
Improvements as defined in Section 3.24.040.G, or (2) any voluntary land Qh~a$eiri~Ot
.............................
......
.............................
.......
dedications not accepted by the City, or (3) any voluntary acquisition or construction of
Improvements not approved in writing by the City prior to commencement of the acquisition or
construction.
B. In order to obtain a credit against Development Impact Fees otherwise due, an
applicant must submit a written offer to dedicate to the City specific parcels of qualifying land
9n:~~s~l~qt$ 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
time when an applicant applies for the first permit of a type listed in Sections 3.24.050.A.1 or
3.24.060.A.1 or 3.24.070.A.1 or 3.24.080.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 for the
credit shall be waived.
C. The credit due to an applicant shall be calculated and documented as follows:
1 . Credit for qualifying
land 9i.~l'J$'t:1!"t"M~mt ded ieations
shall, at the
applicant's option, be valued at (a) one hundred (100) 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 established by a private appraiser
acceptable to the City in an appraisal paid for by the applicant. In either co~c,
the City :Jhall givc thc applicant t\.''Oo duplicJte eertifieate:J de:Jeribing
the lond
to be dedicated and the dollar amount of the opproved credit. The opplieont
:Jhall I(eep one duplicate of the certificate Jnd ~hJII ::;ign the other duplicate
of
~uch ecrtifieotc to indicotc oeecptonoo of itc term~ ond ~holl dote and return
thJt duplicate to the City within thirty (30) dJY~ Jfter receiving :Jueh
eertifieJte, or the reque~ted credit ~hall be waived.
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. The City :Jhall give thc applicJnt two duplicate
certifieate:J including
a general description of the Improvement::> to be
eonatruoted ond tho dollar amount of the Jpprovod credit. The applicant ~holl
I(oop one duplioato of the certificate and :Jhall ::;ign thc other duplicate of
::;ueh
certificate to indicate acceptance of its terms and ~holl dote and return thot
duplicJte to the City within thirty (30) day::; after receiving ::;uch certificate,
or
the reque~ted credit ~holl be wJived.
- 1 6 -
... - ..-........-
--......-.----.- .- -
-.------.
3. In CJ~C
of any dioagrcement between thc information ~hown on the
City'~ duplicatc and the holder'::; duplicJte of any certifioJte iccued under
thic
Section 3.24.1 OO.C, thc information on the City':; duplicatc of ~uch ccrtificatc
shall govern.
4. The approved
eredit ::;hall be reduced by the same percentage applied to
thc colculotion of the impact fcc in Scction~ 3.24 .050.B., 3.24.060.B.,
3.24.070.8. and 3.24.080.8.
D. Approved credits shall become effective at the following times:
1 . Approved
credits for land
9t.#?$l#mmat dedications 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 accepted by the City
Commission. When such conditions have been met, the City shall note that
fact on
thc City's
duplicote of thc
certificate dC:Jcribed in Scction
3 . 21 . 1 00. C. 1 ttJtlJ~9r~f1Jrr#9j?FcI'7?~llJttltfJitgpytlJ~g;{tY(lfftj~{111~7?~i?ffrXtf)l#
J-JJ.
Upon request of the ccrtificate 9'r~qttholder, the City shall ol~o.note ouch foct
on the holder' c duplioate of the certificate sijij<1lffgr;r#f!lUXfJli;j~(i!j{~~t~r/#t~t{afi
~Q~:/n.qm.pgi;gt.Rc~fJjt..ij/jlt~....~.~?i!?fJlf!....t9Ql;P...fqr...lli;C?
2. Approved
credits for the acquisition or construction 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 procedures.
However,
approved credits for the construction of Improvements may become effective
at an earlier date if the applicant posts security in the form of a performance
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 improvements for which the credit
was given, whichever is higher.
When such conditions have been met, the
City shall note that fact on the City'~ duplicate of the certificate dc::;cribcd
in
Sect ion 3. 21 . 1 00. C . 2 tf1tij?fi:i'iJdltr~99Ef!m~(Qt~ti)#gpyr6ij.r.;;~YI;Ii]?1)9m
EAfttfiti;tmmqt. Upon request of the certificate 9r~q(tholder, theCity shall also
note Guch fJct on the holder'::; duplicJte of the certificJte $fttJrttbiJ.9f~qttf)g.!q.ffA
?.(~.ttiJ(...~t?tffJiJ....tlJiJ..1j/(j/JJk~i;..9.~...9te.(Ift:.qiJit#....~Y;#1l~fJm~g.lJ{'7?..(
9i;.IJ~N.
E. Approved credits may be used to reduce the amount of Development Impact Fees
due from any proposed development for the same type of service or facility for which the
applicant dedicated land or acquired or constructed Improvements until the amount of the credit
is exhausted. E a c h t i mea c c rt i fie ate r(fq(j(fstt(Jq$/f#~Rtf:!;tlit#fr9fl19ff1?
izclat9qiqrYf.JlqfJ~~('t
gmi:llqfJt!(iQAi1f:;iiyf#itiqQtJ(itIPl]$t"l..Ictidn i::;::;ued under Scction 3. 24. 1 00. C is presented to the City
with 0 reque~t to u:Je ::iOmc or 011 of the credit ~hown on thot ccrtificate, the City shall reduce
the amount of the Development Impact Fee of the same type otherwise due from the applicant
in accordance with such reque~t and shall note on the CitY':J duplicote of suoh oertificJte tq:(th~
gt(Y[~ge[q'$ the amount of credit remaining under cuch ccrtificJtc, if any.
!dlh~9m~~.qt...~
iJJiJ.tJ;t!ifti:Jiili:t~pJW#tfqtJ;?/gq(Jisiti()lJ()ri;(),.,$ti;gf:;t(tJa~iJtJYi;te]:j/t~lam.gqf!~~qtttfg~if:ff!ff,.,ttlttfJ~
13fty;~tqiffiJ~fJtlfl1P?gtGft~qtlJ~ryg[~@qqftgqg~l'tftf$(:IJ#ptfti;~ffiJlhl>lf(:fm(}ttJ(tg~*f:;m##.f:;tg1jit~tlJ?t
prii)>tljl;tj~lfJlfJ!l~fftfi).ftiJ(lii9ll#(6rtf~~fJytfJ~iJl?/.J!1d?iJt.lntlJttg~~~BtltBi?lfjfJt~tyq~gli;~t,rq(!A
~9.!,!q{t{t{9n9i;~<-)Q~t(q4tiqql?QV6fl#qit$iq()X9~$s()ftfJ~~1iP9fjtit9ltQW.13~lI'@19pm~J"1t!lpiJB~t~ft
- 1 7 -
---'"---
B,~,tqg,*"Plg~ypg"pt;l~PP!!9~pl~r9m~Pr(jig9t;~~#hpi%qiq4*pl~~lf%;g,9j""*f~,I'u~lrpg'"q:~~mgq
~~~~~~'e~~9'ft~':th?t~I'~(~m?(Q?qgfti'1ct?yfti!?plgt()rq#fifjyth~ijppl[q~ri~; U po n r e quest of the
certificate g{~W,.tholder, the City shall also ftete ~~fji:JtJy~9i;fii:lft6f:>lW~i;#1~t~~f#ti!tttift the amount
of credit remaining on the holder'~ duplicJtc of the ccrtificJte tqlitfiJ(ttr.Jfijl;!.
F. Approved credits 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 credits 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
Section 3.24.1 OO.G.
G. If the amount of approved credits t!q{iji?Qcti!,fqd0i:J~(;Ifq?t(qQJ?qWqt'~lt((;#j,q,.
RBq~ttYRt(9P exceeds 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 provide for
reimbursement of any excess credits to the applicant in cash. 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
3.24.050.A.1 or 3.24.060.A.1 or 3.24.070.A.1 or 3.24.080.A.1 that creates an obligation to
pay the type of Development Impact Fee against which the credit was approved, or the
applicant's claim shall be waived. Upon receipt of such a written request,
those ecrtificatc:J
9iftliij#~ described in Section 3.24.100.C shall not be issued, and the City sHaH {:1?@YJ"~'t:tt*
ft!~9.(llt1piji(rl arrange for the reimbursement of such excess credits from the Impact Fee Fund
for the same type of service or facility from Development Impact Fees paid by others,~t':,'(~~
?i;i;~fjg~liJi;t6gr~{mpgf#ffiJJitatq6~fl96if%9~#~qXf1ljJt:Sfl;riJJ-!ft#t6~/#~glf69g9tijl]i;ijXQ1~~g/(gifqt~
I]?X?pl~!iJQqrfjf9Xe,rha1)til{rlllt)Jy~ijr~?lJctb~ilr(h[Jiqt~i;~~t~qq?lt9't6glfjt~{~~t,i;?t~itiJ(tt~y
tf)ggXtY'tq(itflX9fjtJ-tfJ[f!}(t@p{. If the Jmount of thc approved crcdit:J c)(cced~ thc amount of the
Development Impact Fees of the ~Jme type othcrwi:Je due undcr thi:J ChJpter, thc applieJnt may
rcqucat in writing thJt the City provide for reimbur~ement of any exceGG crcdit:J to the applicant
in cO:Jh. Such excess credits shall be valued at 100 percent of actual developer
costs f(jhtfi?#
..............,.,
..................
if%gm#*,ZmergYf!mf1pt$ or aribe actual appraised value ()f.slJRnF'4qg$Simprq\,lg;mgl'1~~~iJtrh~
8tPY'$qp@gq ovcr actual and undiGeounted fee.
H. Credits may be transferred from one holder to another by any written instrument
clearly identifying the certificate or eertifieatc:Jr::(ildR* issued under Section 3.24.1 OO.C that ?!t~
evidence the ereditG to be transferred, provided that such instrument is signed by both the
transferror and transferee, thJt thc applicant's duplieJte of thc certificJte cvidencing ~uch crcditG
i3 attJehcd to Gueh inGtrument, and that 00tft tbe documents -are if? delivered to the City for
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registration of the change in ownership. At the tran~feree'~ option, the transferee may surrender
the applicJnt's duplicJtc of such ccrtifieate Jnd the City shall issue a replacement eertifieatc
listing tho new owner of the credits and the remaining amount of the credits.
I. In the event the schedules of Development Impact Fee~ shown in Table 1, Table
2,
Table 3, or Table 4 ore amended or replaced to reflect inercaJeJ or deereo~es in conJtruetion
oosts after the Jmount of a credit haJ been ealeuloted, on opplieant or tho City moy requeJt 0
recalculation of the credit to aecurJtely reflcct Juch ehonged eircumstanceJ.
dl. 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
impact 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
3.24.050.A.l or 3.24.060.A.l 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."
Section 9
The Bozeman Municipal Code be amended by amending Section 3.24.110, so that such
section shall read as follows:
"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. MonicJ in each Impact Fcc Fund sholl be considered to be Jpcnt in the order
collected, on [I first in/first out basi~.
G~. 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.
Gp. Nothing in this chapter shall restrict the City from requiring an applicant to construct
reasonable project improvements required to serve the applicant's project, whether or not such
improvement are of a type for which credits are available under Section 3.24.100.
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ED. The City shall maintain accurate records of the Development Impact Fees paid,
including the name of the 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 appropriate or necessary to the accurate accounting of such Fees,
and such records shall be available for review by the public during City business hours.
Fg. At least once during each fiscal year of the City, the City Administrative Service
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 improvements 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 Section 3.24.090 or 3.24.1 OO.G shall be retained in the same Impact Fee Fund until
the next fiscal year.
G E. The City shall be entitled to retain not more than two (2) 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 3.24.090.8, the
City shall be entitled to retain not more than an additional two (2) percent of the Development
Impact Fee payment made by the applicant as payment for the expenses of processing the
reimbursement request.
HR' If a Development Impact Fee has been calculated and paid based on a mistake or
misrepresentation, it shall be recalculated. Any amounts
overpaid by an applicant shall be
refunded by the City to the applicant within thirty (30) days after the City's acceptance of the
recalculated amount, with interest at the rate of five (5) percent per annum since the date of
such overpayment. Any amounts underpaid by the applicant shall be paid to the
City within
thirty (30) days after the City's acceptance of the recalculated amount, with interest at the rate
of five (5) 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
recalculated 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 previously paid until such underpayment is corrected, and if amounts owed to the City
are not paid within such thirty (30) day period, the City may also repeal any permits issued in
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---..---.. -..-.... -----"..-.".----
reliance on the previous payment of such Development Impact Fee and refund such Fee to the
then current owner of the land.
. 1-1. In order to promote the economic development 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 shall be
made pursuant to goals and objectives previously adopted by the City Commission to promote
economic development and/or affordable housing.
.J 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 City Commission t:l~y~?qpi~r)t':(IJIP#f;r&~~S
.Q'gyig1Mq-qmmttt~~ 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 of one hundred eighty dollars ($180.00) with the Clcrk of thc Commi::;::;ion ItpPl}l;tF~!!
rJQfiidlfPilt6( within ten (10) days after the determination for which the appeal is being filed . Witt;
.................................
................................
If!Jfy~l9P/dJ~IJtttJ1P?gr€ftf}$fJltItZ€fyyyf:[ft(fff1]tt~t!s/ba/lmltf#ttilw€JYtevytl]??rlp??]f4tltl]f!JtglrtY,C$(1)
f:tft~ftj~~~U~Y{$qttfJAfgJJtiftflJ.ltVYi;[tt~ijiJjJPltiJIVylj~j"lt~$JttHltqtqtf1g(tjji1~9tf5~ffQJ:ttJf;ait(fJtqNZl
tIJ~':i:lflj}~U~ijtf$'i:jf$~~tfsf(€fq(i;ftfJff"{ef1eiljsiqijqftfJ~'gi}Ye/ql2f!JilfJtlI]JP?9t!i~ft~,Fjftllr~'w
81)ljJfjjlt~~€?lfJijiiIXplH/~ntif1ilY~PP€f,!ktb?(t~9!~t()fltf:?t1]~rJ.fty@ijjJ1fjjX~~iiiQPytlrfflti?tFtlf~t~iJ
r€9Y:€$t,::,:,VYttQtt?gQ(9'I"~gftq~@f>mmi$$j6i1t4tiihi€ft1(lQ)kq~!fJ~$$q~,Y$'9ttfJ~@qrum{tt~~M~
9'~q!~(qOi 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 City Clerk 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. If the 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.
K. The Development Impact Fees described in this chapter and the administrative
procedures of this chapter shall be reviewed at least once every 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 collected or to be
collected in each Impact Fee Fund have been and are expected to be spent for Improvements of
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the type for which such Fees were paid, and (4) that such Improvements will benefit those
developments for which the Fees were paid.
L. The Development Impact Fees shown in Table 1, Table 2, Table 3, and Table
4 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, 1997, and on January 1 of each following
year unless and until the Fees in Table 1, Table 2, Table 3, and/or Table 4 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 U.S. Consumer Price Index for all Urban
Consumers for All Items ~ Source: U.S. Department of Labor, Bureau of Labor Statistics for the
area for the most recent period for which figures are available, and the denominator of which is
Consumer 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.
M. Violation of this chapter shall be a misdemeanor and shall be subject to those
remedies provided in Bozeman Municipal Code Section 1.16.01.
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
3.24.050.A.1 or 3.24.060.A.1 or 3.24.070.A.1 or 3.24.080.A.1 shall have the right to sue in
civil court to enforce the provisions of this chapter.
N. 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.
O. Any judicial action or proceeding to attack, review, set aside,
or annul the
reasonableness, legality, or validity of any Development Impact Fee must be filed and service of
process effected within ninety (90) days following the date of imposition of the Fee or the final
determination of the City Commission, whichever is the latter.
Section 10
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 11
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 12
Effective Date.
This ordinance shall be in full force and effect on May 15, 1996.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a
regular session thereof held on the 1 st day of April 1996.
DON E. STUECK, Mayor
ATTEST:
ROBIN L. SULLIVAN
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 held on the
15th day of April 1996.
( ?~ E ~~
DON E. STUECK, Mayor
ATTEST:
(Jt/~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
I
/ W
,,./
PAff~'
1./ .l '
PA LJ.LU
City Attor ey
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