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CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
TO: BOZEMAN CITY COMMISSION
FROM: CHRIS SAUNDERS AND TIM COOPER
RE: REVISED TEXT OF RESOLUTION 4424, AGENDA ITEM G.3
DATE: JANUARY 28, 2013
Staff received an inquiry from a Commissioner about the intent, meaning, and scope of the Resolved
items on page 4 of Resolution 4424. After discussion it was decided to offer an alternative text wording.
This text does not alter the substance of the resolution but is expected to offer additional clarity of intent
and effect. If the Commission so decides this text could be substituted for the original items listed on
page 4 of the Resolution found at page 232 of the Commission packet. Items number 2 is not altered. A
new section is inserted and the original item 3 is renumbered to 4. The changes to the text are shown
with underlines and strikeouts.
1. The October 24, 2012 draft of the Transportation Impact Fee Study Update, as contained in
Exhibit "A", attached hereto and by this reference made a part hereof, is hereby adopted;
except the recommendation of how to calculate intersection capacity share of costs
recognizing that the intersection design capacity formula described in paragraph three on
page 15 is an illustrative but not exclusive means of calculating the growth share capacity
eligible for impact fee funding.
2. As of the effective date of this resolution, any person who seeks to obtain any of the forms
of development listed 2.06.1640, BMC must pay a Transportation Impact Fee pursuant to
the schedule included in Exhibit A of this Resolution.
3. The City recognizes the restrictions of Section 7-6-1602 (7) MCA in the calculation,
collection, and expenditure of impact fees.
(7) An impact fee must meet the following requirements:
(a) The amount of the impact fee must be reasonably related to and reasonably attributable
to the development's share of the cost of infrastructure improvements made necessary by
the new development.
(b) The impact fees imposed may not exceed a proportionate share of the costs incurred or
to be incurred by the governmental entity in accommodating the development. The
following factors must be considered in determining a proportionate share of public
facilities capital improvements costs:
(i) the need for public facilities capital improvements required to serve new development;
and
(ii) consideration of payments for system improvements reasonably anticipated to be made
by or as a result of the development in the form of user fees, debt service payments, taxes,
and other available sources of funding the system improvements.
(c) Costs for correction of existing deficiencies in a public facility may not be included in
the impact fee.
Page 2
(d) New development may not be held to a higher level of service than existing users
unless there is a mechanism in place for the existing users to make improvements to the
existing system to match the higher level of service.
(e) Impact fees may not include expenses for operations and maintenance of the facility.
4. The percentage of the fee collected shall be _______ percent of the amount calculated.