Loading...
HomeMy WebLinkAboutOrdinance 12- 1823 Amending 2.06.1680 BMC to prohibit refunds of paid impact fees in exchange for impact fee credits 0 Cp. Ordinance No. 1823 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 2.06.1680 TO PROHIBIT REFUNDS OF PAID IMPACT FEES IN EXCHANGE FOR IMPACT FEE CREDITS. WHEREAS, the City of Bozeman is committed to addressing the community's expressed needs and desires for services; and WHEREAS, the City of Bozeman is committed to meeting those desires and demands for services in a fiscally responsible manner; and WHEREAS, the City of Bozeman is committed to meeting those desires and demands for services in a manner which recognizes the fiscal and legal interest of all of the system users now and in the future; and WHEREAS, Sections 7-6-1601 through 7-6-1604, MCA provide specific authority and guidance about the necessary documentation to establish an impact fee and procedures to adopt and administer an impact fee; and WHEREAS, the City of Bozeman adopted an impact fee program in 1996 through ordinance 1414 which has been amended from time to time; and, WHEREAS, it is desirable to clarify elements of the ordinance relating to refunds of impact fees after having been paid and upon a request to exchange the payment for credits; and WHEREAS, the City Commission considered all public comment offered at their regular meeting on March 5, 2012; and WHEREAS, the Impact Fee Advisory Committee considered the draft ordinance at its March 8, 2012 meeting and recommended approval of the ordinance as written. Ordinance 1823 Page 1 of 4 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA: Section 1 That Section 2.06.1680 of the Bozeman Municipal Code be amended so that it reads: 2.06.1680 Refunds of Development Impact Fees Paid A. Refunds of development impact fees shall be made only in the following instances and in the following manner: I. Upon application to the impact fee coordinator by the applicant, the city shall refund the development impact fee paid if capacity is available and service is denied. 2. Expenses and encumbrances. a. Upon application to the impact fee coordinator, the city shall refund the development impact fee paid and not expended or encumbered within ten years from the date the development impact fee was paid or spent in a manner not in accordance with this division or MCA 17-6- 1602. Refunds shall be paid to the owner of the property at the time the refund is due. In determining whether development impact fees have been expended or encumbered, fees shall be considered encumbered on a first-in, first-out(FIFO) basis. b. When the right to a refund exists due to a failure to expend or encumber development impact fees, the city shall publish written notice within 30 days after the expiration of the ten year period from the date development impact fee was paid. The published notice shall contain the heading "Notice of Entitlement to Development Impact Fee Refund." 3. If an applicant has paid a development impact fee required by this division and has obtained any of the types of permits or extensions listed in snn 2.06.1640.A.1, 2.06.1650.A.1, 2.06.1660.A.1, or 2.06.1670.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 30 days after the expiration of the permit or extension for which the fee was paid. 4. A refund application shall be made to the impact fee coordinator within one year from the date such refund becomes payable under subsections A and B of this section, or within one year from the date of publication of the notice of entitlement of a refund under subsection B of this section, whichever is later. Any refund not applied for within said time period shall be deemed waived. 5. A refund application shall include information and documentation sufficient to permit the impact fee coordinator to determine whether the refund claimed is proper and, if so, the amount of such refund. 6. A refund shall include a pro rata share of interest actually earned on the unused or excess development impact fee paid. 7. All refunds shall be paid within 60 days after the impact fee coordinator determines that such refund is due. 8. Any refund payable pursuant to subsections A and B of this section, shall be made to the record owner of property as of the date the refund was due. 9. Once paid, an impact fee may not be refunded in exchange for impact fee credits issued according to 2.06.1690. Ordinance 1823 Page 2 of 4 Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall be codified as indicated in Section 1. Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. Ordinance 1823 Page 3 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 51h day of March, 2012. /SEAN A. BECKER 0 . . . ,02�, Mayor O ATT ,S 17 ♦ ` °'9 STA Y - City er '•, , °`a~ FINALLY'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 26 1h day of March, 2012. The effective date of this ordinance is April 25, 2012. EAN A. WCKER Mayor ATTEST: O� 0� ,. ° City Oak- APPROVED AS TO FORM: GRYG SULLIVA City Attorney Ordinance ]823 Page 4 of 4