HomeMy WebLinkAboutOrdinance 96- 1414, Adds Ch. 3.24, impact fees
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ORDINANCE NO. 1414
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A
NEW CHAPTER TO BE NUMBERED AS CHAPTER 3.24, PROVIDING FOR FIRE,
WATER, WASTEWATER AND STREET IMPACT FEES.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that
Section 1
The Bozeman Municipal Code be amended by adding a new chapter to be numbered
Chapter
3.24, to read as follows:
"Chapter 3.24
Impact Fees
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, Fire Impact Fee Study, and Water and Wastewater
Impact Fee Study prepared by James Duncan and Associates dated October 1995
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.
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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
~ 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
Imoact
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.
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.
3.24.020 Authoritv and Applicabilitv
A. This chapter is enacted pursuant to the City's general police power, the authority
granted to the City by the Montana State Constitution, and Sections 7-1-4123, 7-1-4124,
7-3-4313,7-7-4404,7-7-4424,7-13-4304, and 69-7-101 of the Montana Code Annotated.
B. The provisions of this chapter shall apply to all of the territory within
the limits of the
City.
C. The provisions of this chapter related to the Fire Protection Impact Fees
shall also apply
to all properties located outside the City that are served directly by the City Fire Department.
D. The provisions of this chapter related to Water Impact Fees shall also apply
to all
properties located outside the City that are connected to the City water system.
E. The provisions of this chapter related to Wastewater Impact Fees shall also
apply to
all properties located outside the City that are connected to the City wastewater system.
3.24.030 Intent
A. This chapter is adopted to help implement the Comorehensive Plan of the City,
the
City's 1993 Transoortation Plan Uodate prepared by Robert Peccia & Associates, the May 1995
draft of the Water Facilitv Plan prepared for the City by HKM Associates, and the January 1995
draft of the Wastewater Facilitv Plan prepared for the City by HKM Associates.
B. The intent of this chapter is to ensure that new development bears a proportionate
share of the cost of Improvements to the City street, fire protection, water, and wastewater
systems; to ensure that such proportionate share does not exceed the cost of the street, fire
protection, water, and
wastewater facilities and equipment
required to serve
such new
developments; and to ensure that funds collected from new developments are actually used to
construct Improvements to the City street, fire protection, water, and wastewater systems that
benefit such new developments.
C. It is the further intent of this chapter that new development pay for its
fair share of
public facilities through the imposition of Development Impact Fees that will be used to finance,
defray, or reimburse all or a portion of the costs incurred by the City to construct improvements
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to the City street, fire protection, water, and wastewater systems that serve or benefit such new
development.
D. It is not the intent of this chapter to collect any money from any new development
in
excess of the actual amount necessary to offset new demands for street, fire protection, water,
or wastewater Improvements generated by that new development.
E. It is not the intent of this chapter that any monies collected from any Development
Impact Fee and deposited in an Impact Fee Fund ever be commingled with monies from a different
Impact Fee Fund or ever be used for a type of facility or equipment different from that for which
the Fee was paid.
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.
C. "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.
D. "Impact Fee Studies" means the Street Impact Fee Study, Fire Impact Fee Study,
and
Water and Wastewater Impact Fee Study prepared by James Duncan and Associates dated 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. "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
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-Related Improvem
ents" 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.
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.
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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
3.24.050.8.2 or 3 below. The amount of the Fee calculated pursuant to either
Section 3.24.050.8.2 or 3 shall be subject to the following adjustments:
0
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.
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
3.24.050.8.3.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
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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.
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 slich 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 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.
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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 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:
a.
Expansions of existing non-residential buildings by up to, but
not including, twenty
percent (20%) as compared with their size on
February 22, 1996, provided,
however, that the expansion, when
combined with all previous
expansions occurring after February 22,
1996, does not total twenty
percent (20%) or more of the size of
the building existing
on February 22, 1996.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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 Section 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.
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.
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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 3.24.060.8.2
or 3 shall
be subject to the following
adjustments:
0
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 fee.
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 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 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.
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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.D.
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 3.24.1 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.
Expansions of existing non-residential buildings by up to, but
not including, twenty
percent (20%) as compared with their size on
February 22, 1996, provided,
however, that the expansion, when
combined with all previous
expansions occurring after February 22,
1996, does not total twenty
percent (20%) or more of the size of
the building existing
on February 22, 1996.
b.
Reconstruction, expansion, or replacement of a previously
existing
residential unit that does
not create any
additional
residential units.
c.
Construction of unoccupied accessory units related to a
residential unit.
d.
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.
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.
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
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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 timeframe
and percentage of the fee.
2. Unless an applicant requests
that the City determine the amount of such
Fee pursuant to Section 3.24.70.8.3 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.
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
appl icant' 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 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
su bm itted
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. D.
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
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-..
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.
Expansions of existing non-residential buildings by up to, but
not including, twenty
percent (20%) as compared with their size on
February 22, 1996, provided,
however, that the expansion, when
combined with all previous
expansions occurring after February 22,
1996, does not total twenty
percent (20%) or more of the size of
the building existing
on February 22, 1996.
b.
Alteration or expansion of an existing building that does not
require an additional
or larger water tap.
c.
Replacement of a building or structure of the same size that
does not require an additional
or larger water tap.
d.
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.
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.
3.24.080 Wastewater ImDact 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
3.24.080.8.2 or 3 below. The amount of the Fee calculated pursuant to either
Section 3.24.080.8.2 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 fee.
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
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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 Studv 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 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 3.24.080.0.
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:
a.
Expansions of existing non-residential buildings by up to, but
not including, twenty
percent (20%) as compared with their size on
February 22, 1996, provided,
however, that the expansion, when
combined with all previous
expansions occurring after February 22,
1996, does not total twenty
percent (20%) or more of the size of
the building existing
on February 22, 1996.
b.
Alteration or expansion of an existing building that does not
require an additional
or larger water tap.
c.
Replacement of a building or structure of the same size that
does not require an additional
or larger water tap.
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----
d.
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.
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.
3.24.090. Refunds of DeveloDment ImDact Fees Paid
A. Any monies in any Impact Fee Fund that have not been spent or encumbered within
ten (10) years after the date on which such Fee was paid shall, upon application to the City by the
then current owner of the land for which the Fee was paid, be returned to such owner with interest
at the rate of five (5) percent per annum since the date of payment.
In order to be eligible to
receive such refund, the then owner of the land shall be required to submit an application for such
refund within six (6) months after the expiration of such ten (10) year period.
B. 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 for such refund within
thirty (30) days after the expiration of the permit or extension for which the Fee was paid.
C. After a Development Impact Fee has been paid pursuant to this chapter, no
refund of
any part of such Fee shall be made if the project for which the Fee was paid is later demolished,
destroyed, or disconnected
from the City
water or wastewater
systems, or IS altered,
reconstructed, or reconfigured so as to reduce the size of the project, the number of units in the
project, the amount of traffic generated by the project, or the size of any water tap for the project.
D. At the time of payment of any Development Impact Fee under this chapter, the
City
shall provide the applicant paying such Fee with written notice of those circumstances under which
refunds of such Fees will be made. Failure to
deliver such written notice shall not invalidate any
collection of any Development Impact Fee under this chapter.
3.24.100 Credits aQainst DeveloDment ImDact Fees
A. After the effective date of this chapter, all mandatory or voluntary land
dedication 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 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 Site-Related Improvements as defined in
Section 3.24.040.G, or (2) any voluntary land 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 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.
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C. The credit due to an applicant shall be calculated and documented as follows:
1 . Credit for qualifying
land dedications 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 case, the City shall give the applicant two
duplicate certificates describing the land to be dedicated and the dollar
amount
of the approved credit. The applicant shall keep one duplicate of the certificate
and shall sign the other duplicate of such certificate to indicate acceptance
of
its terms and shall date and return that duplicate to the City within thirty
(30)
days after receiving such certificate, or the requested credit shall 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 shall give the applicant two duplicate certificates including
a
general description of the Improvements to be constructed and the dollar amount
of the approved credit. The applicant shall keep one duplicate of the certificate
and shall sign the other duplicate of such certificate to indicate acceptance
of
its terms and shall date and return that duplicate to the City within thirty
(30)
days after receiving such certificate, or the requested credit shall be waived.
3. In case of any disagreement
between the information shown on the City's
duplicate and the holder's duplicate of any certificate issued under this
Section
3.24.100.C, the information on the City's duplicate of such certificate shall
govern.
4. The approved credit shall
be reduced by the same percentage applied to
the calculation
of the impact fee in Sections 3.24.050.8.,
3.24.060.8.,
3.24.070.8. and 3.24.080.8.
D. Approved credits shall become effective at the following times:
1. Approved credits for land
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 the City's duplicate
of the certificate described in Section 3.24.100.C.1.
Upon request of the
certificate holder, the City shall also note such fact on the holder's duplicate
of
the certificate.
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's duplicate of the certificate described in Section 3.24.1 00.C.2.
Upon
request of the certificate holder, the City shall also note such fact on the
holder's duplicate of the certificate.
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.
Each time a
certificate issued under Section 3.24.100. C is presented to the City with
a
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request to use some or all of the credit shown on that certificate, the City
shall
reduce the amount of the Development Impact Fee of the same type otherwise
due from the applicant in accordance with such request, and shall note on
the
City's duplicate of such certificate the amount of credit remaining under
such
certificate, if any. Upon request of the certificate holder, the City shall
also note
the amount of credit remaining on the holder's duplicate of the certificate.
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 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 certificates described in Section 3.24.100.
C
shall not be issued, and the City shall 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.
If the amount of the approved
credits 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 excess credits shall be valued at 100 percent of actual developer costs
or
actual appraised value over actual and undiscounted fee.
H. Credits may be transferred
from one holder to another by any written
instrument clearly identifying the certificate or certificates issued under
Section
3.24.100.C that evidence the credits to be transferred, provided that such
instrument is signed by both the transferror and transferee, that the applicant's
duplicate
of the certificate evidencing such
credits is attached to such
instrument, and that both documents are delivered to the City for registration
of
the change in ownership.
At the transferee's option, the transferee may
surrender the applicant's duplicate of such certificate and the City shall
issue a
replacement certificate listing the new owner of the credits and the remaining
amount of the credits.
I. In the event the schedules
of Development Impact Fees shown in Table 1,
Table 2, Table 3, or Table 4 are amended or replaced to reflect increases
or
decreases in construction costs after the amount of a credit has been calculated,
an applicant or the City may request a recalculation of the credit to accurately
reflect such changed circumstances.
J. 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.1 or 3.24.060.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 shall be waived.
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.
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8. Monies in each Impact Fee Fund shall be considered to be spent in the order
collected,
on a first-in/first-out basis.
C. 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.
D. 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.
E. 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.
F. 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. 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.
H. 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 reliance on the previous payment of such Development
Impact Fee and refund such Fee to the then current owner of the land.
I. 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. 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 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
Clerk of the Commission within ten (10) days after the determination for which the appeal is being
filed. 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.
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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
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.
Q. 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.
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TABLE 1
I STREET IMPACT FEE SCHEDULE
I
TYPE OF DEVELOPMENT
STREET IMPACT FEE
RESIDENTIAL
Single-family Detached
$ 1,769 per unit
Multi-family Dwelling
$ 1,1 99 per unit
Mobile Home
$ 892 per unit
Hotel/Motel
$ 1,610 per room
OFFICE
PER 1,000 SQUARE FEET
General Office Building
$ 3,075
Medical Office
$ 5,590
COMMERCIAL
PER 1,000 SQUARE FEET
Retail under 50,000 sq. ft.
$ 4,947
Retail between 50,000 and 99,999 sq. ft.
$ 5,203
Retail between 100,000 and 199,999 sq. ft.
$ 4,902
Retail between 200,000 and 299,999 sq. ft.
$ 4,518
Retail 300,000 sq. ft. and over
$ 4,261
Building Material/Lumber
$ 2,926
Convenience Store
$10,701
Discount Store
$ 5,045
Drive-In Bank
$ 7,692
Fast Food Restaurant
$ 9,166
Furniture Store
$ 312
Movie Theater
$ 5,596
New Car Sales
$ 3,446
Nursery/Garden Center
$ 2,595
Quality Restaurant
$ 6,941
Others not specified
$ 4,947
INDUSTRIAL
PER 1,000 SQUARE FEET
General Light Industrial
$ 1,291
Manufacturing
$ 714
Mini-Warehouse
$ 485
Warehouse
$ 903
INSTITUTIONAL
PER 1,000 SQUARE FEET
Elementary School
$ 150
High School
$ 317
University
$ 1,065
Day Care Center
$ 1,103
Hospital
$ 1,946
Nursing Home
$ 622
Church/Synagogue
$ 1,081
RECREATION
Golf Course
$ 6,150 per hole
Park
$ 1 83 per acre
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TABLE 2
I FIRE PROTECTION IMPACT FEE SCHEDULE
I
TYPE OF DEVELOPMENT
FIRE PROTECTION IMPACT FEE
RESIDENTIAL
Single-family Detached
$
181 per unit
Single-family Attached
$
152 per unit
Duplex
$
114 per unit
Multi-Family
$
83 per unit
Mobile Home
$
83 per unit
OFFICE/INSTITUTIONAL
PER 1,000 SQUARE FEET
Under 10,000 sq. ft.
$
92
Between 10,000 and 49,999 sq. ft.
$
177
50,000 sq. ft. and over
$
355
COMMERCIAL/HOTEL
PER 1,000 SQUARE FEET
Under 10,000 sq. ft.
$
177
Between 10,000 and 49,999 SQ. ft.
$
270
Between 50,000 and 99,999 SQ. ft.
$
447
100,000 sQ. ft. and over
$
532
INDUSTRIAL
PER 1,000 SQUARE FEET
Under 10,000 sq. ft.
$
177
Between 10,000 and 49,999 SQ. ft.
$
355
50,000 sQ. ft. and over
$
532
TABLE 3
I WATER IMPACT FEE SCHEDULE
I
SIZE OF WATER METER COST PER METER
5/8 or 3/4 inch
$ 2,132
1 inch
$ 5,330
1 1/4 inch
$ 7.462
1 1/2 inch
$ 10,660
2 inch
$ 17,056
3 inch
$ 34,112
4 inch
$ 53,300
6 inch
$106,600
8 inch
$170,560
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TABLE 4
I WASTEWATER IMPACT FEE SCHEDULE
I
SIZE OF WATER METER C
OST PER METER
5/8 or 3/4 inch
$ 2,703
1 inch
$ 6,758
1 1/4 inch
$ 9,461
1 1/2 inch
$ 13,515
2 inch
$ 21,624
3 inch
$ 43,248
4 inch
$ 67,575
6 inch
$135,150
8 inch
$216,240 "
Section 2
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in
conflict herewith are hereby repealed.
Section 3
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 4
Effective Date.
This ordinance shall be in full force and effect on February 22, 1996.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a
regular session thereof held on the 2nd day of January 1996.
JOHN VINCENT, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
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- --.... ..----.-
.~~ .~~~....._- -----.--.- -.-- .-.-...-.-
-~._.. .
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 22nd day of January 1996.
a L.~~
DON E. STUECK, Mayor
ATTEST:
e~si~
Clerk of the Commission
APPROVED AS TO FORM:
......-"!
, .
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,....,:...~ , . >:.....,.-....
,
,./Clt(// li">"AlL-( ~(!
PAUL J. LUWE- \
City Attorney
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do hereby
certify that the foregoing Ordinance No. 1414 was published by title and number in the Bozeman
Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue
dated the 25th day of January 1996, and due proof of such publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office.
ROBIN L. SULLIVAN
Clerk of the Commission
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