HomeMy WebLinkAbout02-23-12 Memo for Impact Fee Advisory Committee from Chris Saunders 130 CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M.Stiff Professional Building phone 406-582-2260
So 20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning @bozeman.net
Bozeman, Montana 59771-1230 www.bozeman.net
MEMORANDUM
TO: IMPACT FEE ADVISORY COMMITTEE
FROM: CHRIS SAUNDERS
DATE: FEBRUARY 15, 2012
RE: DRAFT ORDINANCE 1823
An impact fee ordinance must have a mechanism to refund impact fees under appropriate circumstances.
This mechanism is provided in Section 2.06.1680 of the Bozeman Municipal Code. A question has come
up about when a refund is appropriate to be given. The ordinance specifically says that a refund can be
paid:
A) When a building permit has been issued and fees paid and the project is abandoned before
construction actually begins.
B) If the paid funds are not used in a timely manner.
C) If the City refuses to provide service after fees have been paid.
A question has arisen about whether a refund could be payable under other circumstances. After
discussion, staff has concluded that it would be beneficial to clarify in the ordinance a certain
prohibition to avoid potential conflicts and confusion. The draft ordinance is attached and shows the
proposed language as the new addition of 2.06.1680.A.9.
Staff believes the additional language prevents possible confusion in the administration of the program
and is a much simpler than trying to create and set specific criteria for allowing in some circumstances
23'.prohibiting in others. We will be able to discuss this further with you at the meeting on February
Your recommendation on this ordinance will be provided to the City Commission for consideration at
their public hearing on the ordinance on March 5`3.
Please note that the location for that meeting has changed since the Commission room is occupied by
others that evening. We will be in the upstairs conference room at City Hall. Enter the lobby and go
through the double glass doors to the side and up the stairs. The room is around the corner and you will
find it if you follow the handrails. We will get some signs up to help provide direction.
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