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HomeMy WebLinkAboutE- Packet 06-04-2007_Revisions to Chapter 3_24 of the Bozeman Municipal_15 Report compiled on May 25, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Amendments to Chapter 3.24 MEETING DATE: Monday, June 4, 2007 RECOMMENDATION: Conduct public hearing and continue to July 23rd to coincide with the second consideration of the updated water and sewer impact fee studies. BACKGROUND: The City adopted an impact fee program in 1996 through ordinance. The ordinance was codified as Chapter 3.24 of the Bozeman Municipal Code. The Legislature passed a law in 2005 specifically authorizing impact fees and establishing criteria and guidelines for their development and utilization. The City satisfies part of the required criteria and guidelines through Chapter 3.24. As part of the impact fee update Chapter 3.24 requires some revisions to correspond with the new requirements of state law. Revisions are required to match references and policies to the new water and sewer fee studies. Some additional revisions are suggested for clarity or general improvement. A listing of the material edits by section is attached. The draft incorporates several items of policy direction given by the Commission on May 21st such as including a special large meter/high strength discharge provision. The City entered into a settlement agreement in April 2005 to conclude litigation regarding impact fees. As part of the settlement the City agreed to collect 80% of the calculated cost of service for two years or until the fee studies were updated. This change is only made by ordinance. The two year period has now fully passed and fee studies are underway. The ordinance is now open for revisions related to the water and wastewater studies and state law changes. The Commission needs to decide what, if any, changes should be made to the percentage of the collected cost of service. Each fee is independent of the others so revisions to the collected percentage could be made for only some of the fees at this time. The Impact Fee Advisory Committee was presented the draft ordinance changes on May 24th. They did not take action to make a recommendation at that time and will consider the matter again at their meeting on June 28th. UNRESOLVED ISSUES: 1) Is the draft of the ordinance generally acceptable as presented? 2) What change, if any, does the Commission wish to make to the percentage of the cost of service to be collected. FISCAL EFFECTS: Impact fees affect the City’s ability to finance infrastructure and continue to support growth and public safety. ALTERNATIVES: As suggested by the City Commission. 207 Report compiled on May 25, 2007 Commission Memorandum CONTACT: Please feel free to email Chris Saunders at csaunders@bozeman.net if you have questions prior to the public hearing on June 4th. Respectfully submitted, Andrew Epple, Planning Director Chris Kukulski, City Manager Attachments: Memo summarizing changes Revised draft of Chapter 3.24 Impact Fees 208 planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination 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 MEMORANDUM TO: BOZEMAN CITY COMMISSION FROM: CHRIS SAUNDERS DATE: JUNE 4, 2007 RE: REVISIONS TO CHAPTER 3.24, BMC – IMPACT FEES The City needs to update Chapter 3.24, Impact Fees, Bozeman Municipal Code (BMC) to finalize compliance with the recently adopted state law regarding impact fees and to implement the new water and sewer impact fee studies. A copy of the draft revised chapter is attached with the changes shown with strikeouts for deleted language and underlines shown for added language. The attached chapter is not in formal ordinance adoption format with whereas clauses and signature blocks, rather it is presented as it would read after adoption. The Commission will consider this ordinance on June 4th. Any action to adopt will be coordinated with the adoption of the fee studies so that changes are simultaneous. The Commission will consider the water and sewer studies on July 23, 2007. The following outline notes the location and type of revision presented. A “*” indicates a change necessitated by changes to state law, a “#” indicates a change necessitated by the fee study update, and a “@” indicates a change considered desirable to improved clarity or other local issue. In the draft all text added is shown as underlined and all text removed is shown as struck through. Substantive changes are: 1#) Update references to the water and wastewater fee studies throughout the document to include the new studies. 2*) Include citations to the new state law sections addressing impact fees. Section 3.24.040 3@) Amend definitions so that they incorporate current terms and are clarified. Section 3.24.050 4@) Remove 80% limiter on the amount of the calculated fee to be collected. Section 3.24.060 5@) Remove 80% limiter on the amount of the calculated fee to be collected. Section 3.24.070 Water 6#) Amend applicability of water fee to include subsequent large demand adjustments consistent with the large meter calculation alternative. 7@) Remove 80% limiter on the amount of the calculated fee to be collected. 209 Page 2 8#) Add the large meter alternative calculation option including future revisions for increase demand and restructure existing options for greater clarity. 9@) Clarify exemptions terminology 10#) Include the fee amounts from the new study in Table 3.24.070 Section 3.24.080 Wastewater 11#) Amend applicability of wastewater fee to include subsequent large demand adjustments consistent with the large meter/high strength calculation alternative. 12@) Remove 80% limiter on the amount of the calculated fee to be collected. 13#) Add the large meter alternative/high strength discharge calculation option including future revisions for increase demand and restructure existing options for greater clarity. 14@) Clarify exemptions terminology 15#) Include the fee amounts from the new study in Table 3.24.080 Section 3.24.090 Refunds 16@) Clearly identify refund recipients to avoid uncertainty Section 3.24.100 Credits 17@) Clarify applicability of credit request procedures and standard Section 3.24.110 Miscellaneous Provisions 18*@) Revise administrative charges to include the percentage shown in the fee studies and to remove charges for refunds. 19@) Update and clarify provision for appeals of administrative decisions. 20*) Provide for specific schedule for review and update of data and fee studies 21@) Revise inflation adjustment procedures. 210 p. 1 Draft Ordinance 1707 Chapter 3.24 IMPACT FEES Sections: 3.24.010 Legislative Findings 3.24.020 Authority and Applicability 3.24.030 Intent 3.24.040 Definitions 3.24.050 Street Impact Fees 3.24.060 Fire Protection Impact Fees 3.24.070 Water Impact Fees 3.24.080 Wastewater Impact Fees 3.24.090 Refunds of Development Impact Fees Paid 3.24.100 Credits Against Development Impact Fees 3.24.110 Miscellaneous Provisions 3.24.010 Legislative Findings 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, dated January 1996 and as updated, and the fire impact fee studydated October 1995 and as updated, prepared by James Duncan and Associates, and water and wastewater impact fee studies dated May 2007, prepared by HDR Engineering, 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. Deleted: , and water and wastewater impact fee study, 211 p. 2 H. The City establishes as city standards the assumptions and service standards referenced in the 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 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 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 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. 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 Authority and Applicability A. This chapter is enacted pursuant to the city's self-government powers, the authority granted to the City by the Montana State Constitution, Sections 7-6-1601 through 7-6- 1604, 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 Deleted: three Deleted: three Deleted: and wastewater Deleted: water and Deleted: general police 212 p. 3 A. This chapter is adopted to help implement the comprehensive plan of the city, the city's 1993 transportation plan update prepared by Robert Peccia & Associates, and as updated, the September 2006 draft of the water facility plan prepared for the City by Allied Engineering and Robert Peccia and Associates, and as updated, and the May 2006 draft of the wastewater facility plan prepared for the City by HDR Engineering and Morrison- Maierlie, Inc., and as updated. 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 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 co-mingled 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 of 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. "Development Impact Fees Review Committee" means the committee composed of the Impact Fee Coordinator, the Building Official, the Director of Public Service, the Fire Chief, and the Director of Planning and Community Development, or their designees appointed to serve in the member's place at a meeting. D. "Encumber" means to legally obligate by contract, or otherwise commit to use by appropriation or other official act of the City. E. "Impact Fee Capital Improvement Program" means the proposed capital improvements program for the major street system, the city fire protection system, and the city water and wastewater systems, which 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. F. "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. G. "Impact fee studies" means the street impact fee study, dated January 1996 and as updated, and the fire impact fee study, dated October 1995 and as updated, prepared by James Duncan and Associates, and the water and wastewater impact fee studies dated May 2007, prepared by HDR Engineering. Formatted: Font: Garamond, 12 pt Formatted: Font: Garamond, 12 pt,Not Highlight Formatted: Font: Garamond, 12 pt Formatted: Font: Garamond, 12 pt,Not Highlight Formatted: Font: Garamond, 12 pt Deleted: May 1995 Deleted: HKM Associates Deleted: January 1995 Deleted: HKM Associates Deleted: the City-County Deleted: Office Deleted: and water and wastewater impact fee study 213 p. 4 H. "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 years. ”Improvement” does not include maintenance, operations, or improvements that do not expand capacity. I. "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. J. "Initiation of construction" means the date of the preconstruction meeting with the City Engineer or his/her designee, or the date of the first visible change in the physical condition of the improved site caused by the first person furnishing services or materials to effect construction of the improvement, whichever occurs first. K. "Project-related improvements" means site-related improvements including, 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; all wastewater lines or facilities adjacent to, leading to, or located within and serving only the development; and all off-site improvements necessary for the safety and code compliance of a development. Credit for incidental improvements shall not be allowed. The presumption shall be made that the minimum improvement needed to serve a project shall be deemed to be a project improvement even if additional capacity is thereby created that may be potentially used by other developments presently or in the future. 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 Subsection A of this section 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 Subsection F of this section. B. Computation of Amount of Street Impact Fee Deleted: , Deleted: but not including 214 p. 5 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 Subsection (B)(2) or (B)(3) of this section. The amount of the fee calculated pursuant to either Subsection (B)(2) or (B)(3) shall be subject to the following adjustment: a. For the first expansion of an existing nonresidential building, the amount calculated shall not include the amount calculated for the expansion of up to thirty percent as compared with its size on February 22, 1996, or two thousand square feet, whichever is less. 2. Unless an applicant requests that the City determine the amount of such fee pursuant to Subsection (B)(3) of this section, the City shall determine the amount of the required street impact fee by reference to Table 3.24.050. 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 3.24.050, 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: 1. Finding the most nearly comparable trip generation rate from the above publication; and 2. Applying the formula set forth in Subsection (B)(3)(d) of this section. b. If the applicant's development includes a mix of those uses listed in Table 3.24.050, then the fee shall be determined by adding up the fees that would be payable for each use if it were a freestanding use pursuant to Table 3.24.050. 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 Deleted: s Deleted: b.Beginning May 18, 2005,until further amended, the fee shall be eighty percent (80%) of the amount calculated. ¶ 215 p. 6 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 Subsections (B)(3)(a) and (B)(3)(b) of this section and must be acceptable to the City pursuant to Subsection (B)(3)(c) of this section. 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 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 ∗ Primary Trip Factor ∗ Average Trip Length)/(6,000 Vehicles per Day per Lane)] Cost = New Lane Miles ∗ $1,889,625.14 (from street impact fee study with inflationary adjustments) Street Impact Fee = Cost ∗ .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 3.24.050) where: 216 p. 7 "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 Subsection (A)(1) of this section 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 Subsection D of this section. D. Street Impact Fee Funds 1. A single street impact fee fund is 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 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 Sections 3.24.090 or 3.24.100(G). F. Exemptions from Street Impact Fee 1. The following types of development shall be exempted from payment of the street impact fee: 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; b. 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; c. 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; 217 p. 8 d. 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; e. 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 or a type listed in Subsection (A)(1) of this section 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 Subsection (F)(1) of this section. TABLE 3.24.050 STREET IMPACT FEE SCHEDULE TYPE OF DEVELOPMENT STREET IMPACT FEE RESIDENTIAL Single-Family Detached $1,745.64 per unit Multi-Family Dwelling $1,183.17 per unit Mobile Home $ 880.22 per unit Hotel/Motel $1,588.74 per room OFFICE PER 1,000 SQUARE FEET General Office Building $3,034.39 Medical Office $5,516.18 COMMERCIAL PER 1,000 SQUARE FEET Retail under 50,000 square feet $4,939.33 Retail between 50,000 and 99,999 square feet $5,194.93 Retail between 100,000 and 199,999 square feet $4,894.40 Retail between 200,000 and 299,999 square feet $4,510.99 Retail 300,000 square feet and over $4,254.39 Building Material/Lumber $2,921.46 Convenience Store $10,684.40 Discount Store $5,037.17 Drive-In Bank $7,680.07 Fast-Food Restaurant $9,151.78 Furniture Store $ 311.52 Movie Theater $5,587.32 New Car Sales $3,440.65 218 p. 9 STREET IMPACT FEE SCHEDULE Nursery/Garden Center $2,590.97 Quality Restaurant $6,930.23 Others not specified $4,939.33 TYPE OF DEVELOPMENT STREET IMPACT FEE INDUSTRIAL PER 1,000 SQUARE FEET General Light Industrial $1,273.95 Manufacturing $ 704.57 Mini-Warehouse $ 478.59 Warehouse $ 891.07 INSTITUTIONAL PER 1,000 SQUARE FEET Elementary School $ 148.02 High School $ 312.81 University $1,050.94 Day-Care Center $1,088.43 Hospital $1,920.30 Nursing Home $ 613.79 Church/Synagogue $1,066.72 RECREATION Golf Course $6,068.78 per hole Park $180.58 per acre *Compiler's Note: The Street Impact Fees listed in this formula shall be adjusted annually as per 3.24.110.K. 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. 2. No permits of the types described in Subsection (A)(1) of this section 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 Subsection F of this section. 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 Subsection (B)(2) or (B)(3) of this section. The amount of the fee calculated pursuant to either Subsection (B)(2) or (B)(3) of this section shall be subject to the following adjustment: Deleted: s 219 p. 10 a. For the first expansion of an existing nonresidential building, the amount calculated shall not include the amount calculated for the expansion of up to thirty percent as compared with its size on February 22, 1996, or two thousand square feet, whichever is less. 2. Unless an applicant requests that the City determine the amount of such fee pursuant to Subsection (B)(3) of this section, the City shall determine the amount of the required fire protection impact fee by reference to Table 3.24.060. a. If the type of development that a permit is applied for is not listed in Table 3.24.060, 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 3.24.060, then the fee shall be determined by adding up the fees that would be payable for each use if it were a freestanding use pursuant to Table 3.24.060. 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 impact fee study prepared by James Duncan and Associates dated October 1995 and as updated, 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 3.24.060, then the fire protection impact fee due under this chapter may be calculated according to such study. C. Payment of Fire Protection Impact Fees Deleted: b.Beginning May 18, 2005, until further amended, the fee shall be eighty percent (80%) of the amount calculated ¶ 220 p. 11 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 Subsection (A)(1) of this section. 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 Subsection D of this section. D. Fire Protection Impact Fee Funds 1. A single fire protection impact fee fund is 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 Sections 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: a. Reconstruction, expansion, or replacement of a previously existing residential unit that does not create any additional residential units. b. Construction of unoccupied accessory units related to a residential unit. c. 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. d. 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 Subsection (A)(1) of this section 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 Subsection (F)(1) of this section. 221 p. 12 Table 3.24.060 FIRE PROTECTION IMPACT FEE SCHEDULE TYPE OF DEVELOPMENT FIRE PROTECTION IMPACT FEE RESIDENTIAL Single-Family Detached $178.61 per unit Single-Family Attached $149.99 per unit Duplex $112.49 per unit Multi-Family $ 81.90 per unit Mobile Home $ 81.90 per unit OFFICE/INSTITUTIONAL PER 1,000 SQUARE FEET Under 10,000 square feet $ 90.79 Between 10,000 and 49,999 square feet $174.66 50,000 square feet and over $350.31 COMMERCIAL/HOTEL PER 1,000 SQUARE FEET Under 10,000 square feet $174.66 Between 10,000 and 49,999 square feet $266.43 Between 50,000 and 99,999 square feet $441.10 100,000 square feet and over $524.97 INDUSTRIAL PER 1,000 SQUARE FEET Under 10,000 square feet $174.66 Between 10,000 and 49,999 square feet $350.31 50,000 square feet and over $524.97 *Compiler's Note: The Fire Protection Impact Fees listed in this formula shall be adjusted annually as per 3.24.110.K. 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 who is subject to subsection (B)(2)(b) and applies for a city permit to expand or add to the structure served by a previously approved water connection, 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 Subsection F of this section. B. Computation of Amount of Water Impact Fee 1. The City shall determine the amount of the required water impact fee by reference to Table 3.24.070 unless the applicant chooses to submit an individualized calculation pursuant to subsection (B)(2)(a) or the City determines the application to be subject to subsection (B)(2)(b). If the applicant is applying Deleted: 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 Subsection (B)(2) or (B)(3) of this section. The amount of the fee calculated pursuant to either Subsection (B)(2) or (B)(3) of this section shall be subject to the following adjustments: Deleted: a.Beginning May 18, 2005, until further amended, the fee shall be eighty percent (80%) of the amount calculated. ¶ Deleted: 2 Deleted: Unless an applicant requests that the City determine the amount of such fee pursuant to Subsection (B)(3) of this section, the 222 p. 13 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. Individualized Calculations. a. 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 economist 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 impact fee study prepared by HDR Engineering dated May 2007, and as updated, 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 3.24.070, then the water impact fee due under this chapter may be calculated according to such study. b. The City may identify a user as having extraordinary demands for water service which are not accurately represented by the average usage which was relied upon by the methodology which generated Table 3.24.070. In this circumstance the City shall prepare a customized calculation based upon the Large Meter calculation methodology in Exhibit 6 of the Water Impact Fee study. The impact fee paid for water meters larger than 3 inches as of the effective date of this ordinance may be adjusted based on actual usage. If usage is greater than 110% of anticipated volume during the 12 month period of time beginning 6 months after building occupancy is granted by the City, an additional impact fee may be charged, using the same techniques for calculating peak day and storage EDUs and multiplying by the peak day impact fee cost per EDU and the storage impact fee cost per EDU then in effect. The additional impact fee is the positive net between a previously calculated impact fee and the impact fee based upon the metered demand. 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 Subsection D of this section. D. Water Impact Fee Funds 1. A single water impact fee fund is created and such fund shall be maintained in an interest bearing account. Formatted: Font: Garamond, 12 pt,Underline Formatted: Indent: Left: 64.8 pt Formatted: Indent: Left: 64.8 pt,Hanging: 21.6 pt, Right: 43.2 pt,Tabs: 85.5 pt, Left Formatted: Not Highlight Formatted: Not Highlight Formatted: Indent: Left: 64.8 pt Deleted: and wastewater Deleted: James Duncan and Associates Deleted: October 1995 223 p. 14 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 Sections 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. Alteration or expansion of an existing building that does not require an additional or larger water meter; b. Replacement of a building or structure of the same size that does not require an additional or larger water meter; 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 meter. 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 Subsection (A)(1) of this section 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 Subsections (F)(1) and (F)(2) of this section. Table 3.24.070 WATER IMPACT FEE SCHEDULE* SIZE OF WATER METER COST PER METER 3/4 inch $ 3,555 1 inch $ 8,888 1 ½ inch $ 17,775 2 inch $ 28,440 3 inch $ 56,880 4 inch or greater calculated *Compiler's Note: The Cost Per Meter Fees listed in this formula shall be adjusted annually as per 3.24.110.K. Deleted: tap Deleted: tap Deleted: tap Deleted: 2,103.84 Deleted: 5,259.61 Deleted: 10,519.22 Deleted: 16.830.75 Deleted: 33,661.50 Deleted: $ 52,596.10 Deleted: 6 inch Deleted: $105,192.20 Deleted: 8 inch Deleted: $168,307.52 224 p. 15 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 who is subject to subsection (B)(2)(b) and applies for a city permit to expand or add to the structure served by a previously approved water connection, 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 Subsection F of this section. B. Computation of Amount of Wastewater Impact Fee 1. The City shall determine the amount of the required wastewater impact fee by reference to Table 3.24.080 070 unless the applicant chooses to submit an individualized calculation pursuant to subsection (B)(2)(a) or the City determines the application to be subject to subsection (B)(2)(b). 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. 2. Individualized Calculations. a. 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 economist 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 wastewater impact fee study prepared by HDR Engineering dated May 2007, and as updated, 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 3.24.080, then the wastewater impact fees due under this chapter shall be calculated according to such study. b. The City may identify a user as having extraordinary demands for wastewater service which are not accurately represented by the average usage which was relied upon by the methodology which generated Table 3.24.080. In this circumstance the City shall prepare a customized calculation based upon the methodology in the Water Impact Fee study. When applicable an adjustment for high strength discharge will be applied. The impact fee paid for water meters larger than 3 inches as of the effective Formatted: Font: Garamond, 12 pt, Underline Formatted: Indent: Left: 64.8 pt Deleted: 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 Subsection (B)(2) or (B)(3) of this section. The amount of the fee calculated pursuant to either Subsection (B)(2) or (B)(3) of this section shall be subject to the following adjustments: ¶ ¶ Beginning May 18, 2005, until further amended, the fee shall be eighty percent (80%) of the amount calculated. Deleted: 2 Deleted: Unless an applicant requests that the City determine the amount of such fee pursuant to Subsection (B)(3) of this section, the Deleted: 3 Deleted: water and Deleted: James Duncan and Associates Deleted: October 1995 225 p. 16 date of this ordinance may be adjusted based on actual usage. If usage is greater than 110% of anticipated volume during the 12 month period of time beginning 6 months after building occupancy is granted by the City, an additional impact fee may be charged, using the same techniques for calculating treatment and collection in EDUs and multiplying by the impact fee cost per EDU. The additional impact fee is the positive net between a previously calculated impact fee and the impact fee based upon the metered demand. 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 Subsection D of this section. D. Wastewater Impact Fee Funds 1. A single wastewater impact fee fund is 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 Section 3.24.100(G). F. Exemptions from Wastewater Impact Fees 1. The following types of development shall be exempted from payment of the wastewater impact fee: a. Alteration or expansion of an existing building that does not require an additional or larger watermeter; b. Replacement of a building or structure of the same size that does not require an additional or larger water meter; c. 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 meter; 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 Subsection (A)(1) of this section 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 Subsection (F)(1) of this section. Table 3.24.080 Deleted: tap Deleted: tap Deleted: tap 226 p. 17 WASTEWATER IMPACT FEE SCHEDULE SIZE OF WATER METER COST PER METER* 3/4 inch $ 2,955 1 inch $ 7,390 1 ½ inch $ 14,775 2 inch $ 23,640 3 inch $ 47,280 4 inch or greater calculated *Compiler's Note: The Cost Per Meter Fees listed in this formula shall be adjusted annually as per 3.24.110.K. 3.24.090 Refunds of Development Impact Fees Paid Refunds of development impact fees shall be made only in the following instances and in the following manner: A. 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. B. 1. Upon application to the Impact Fee Coordinator by the applicant, the City shall refund the development impact fee paid and not expended or encumbered if the City, after collecting the fee when service is not available, has failed to encumber the fee or commence construction within ten years from the date the development impact fee was paid. In determining whether development impact fees have been expended or encumbered, fees shall be considered encumbered on a first-in, first-out (FIFO) basis. 2. When the right to a refund exists due to a failure to encumber development impact fees, the City shall provide written notice of entitlement to a refund to the applicant who paid the development impact fee at the address shown on the application for development approval, or to an applicant's successor in interest who has given the City notice of the transfer or assignment of the right or entitlement to a refund and who has provided the City with a mailing address. The City shall also publish such notice within thirty 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." C. 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), 3.24.060 (A)(1), 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 days after the expiration of the permit or extension for which the fee was paid. Deleted: 5/8 or Deleted: 2,649.05 Deleted: 6,623.12 Deleted: 1 1/4 inch Deleted: $ 9,272.17 Deleted: 13,245.26 Deleted: SIZE OF WATER METER Deleted: COST PER METER Deleted: 21,192.41 Deleted: 42,384.83 Deleted: $ 66,226.29 Deleted: 6 inch Deleted: $132,452.59 Deleted: 8 inch Deleted: $211,924.14 227 p. 18 D. 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. E. 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. F. A refund shall include a pro rata share of interest actually earned on the unused or excess development impact fee paid. G. All refunds shall be paid within sixty days after the Impact Fee Coordinator determines that such refund is due. (Ord. 1418 § 7, 1996; Ord. 1414 § 1 (part), 1996) H. Any refund accruing after an occupancy permit for a structure is granted or water or sewer connection is made shall be made to the record owner of property as of the date the refund was approved by the City. 3.24.100 Credits Against Development Impact Fees A. After the effective date of this chapter, mandatory or voluntary land or easement dedications for street, fire protection, water, or wastewater improvements, and 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 may 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. Projects or land dedications not listed on the impact fee capital improvements program; or 2. Land dedications for, or acquisition or construction of, project-related improvements as defined in Section 3.24.040(G) or Section 3.24.040; or 3. Any voluntary land or easement dedications not accepted by the City; or 4. 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 easements, 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 approved not later than the initiation of construction of improvements or the acceptance by the City of land dedications, or the applicant's claim for the credit shall be waived. The granting of credit shall be approved by the City Commission. C. The credit due to an applicant shall be calculated and documented as follows: 1. Credit for qualifying land or easement dedications shall, at the applicant's option, be valued at: a. One hundred percent of the most recent assessed value for such land as shown in the records of the City Assessor; or Formatted: Font: Garamond, 12 pt Formatted: Font: Garamond, 12 pt Formatted: Not Highlight Formatted: Font: Garamond, 12 pt Deleted: all Deleted: all Deleted: shall Deleted: filed 228 p. 19 b. That fair market value established by a private appraiser acceptable to the City in an appraisal paid for by the applicant. 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. D. Approved credits shall become effective at the following times: 1. Approved credit for land or easement 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 in the credit record maintained by the City Finance Department. Upon request of the credit holder, the City shall send the credit holder a letter stating the credit balance available to him (or her). 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 in the credit record maintained by the City Finance Department. Upon request of the credit holder, the City shall also send the credit holder a letter stating the credit balance available to him (or her). 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 request to use credit from a mandatory or voluntary dedication, acquisition, or construction is presented to the City, the City shall reduce the amount of the development impact fee of the same type otherwise due from the applicant and shall note in the city records the amount of credit remaining, if any. In the case of a mandatory dedication, acquisition, or construction, any credit in excess of the amount of the development impact fee otherwise due under this chapter shall be deemed excess credit that is remaining and available for use by the applicant. In the case of a voluntary 229 p. 20 dedication, acquisition, or construction, any credit in excess of the amount of the development impact fee of the same type and applicable to the project, as shown in Tables 3.24.050, 3.24.060, 3.24.070, or 3.24.080, shall be deemed excess credit that is remaining and available for use by the applicant. Upon request of the credit holder, the City shall also send the credit holder a letter stating the amount of credit remaining to him (or her). F. Approved credit 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 credit 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 Subsection G of this section. G. If the amount of approved credit for a mandatory dedication, acquisition, or construction 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 credit to the applicant in cash. Such written request must be approvednot later than the initiation of construction of improvements, or the acceptance by the City of land dedications, or the applicant's claim shall be waived. Upon receipt of such a written request, the City may, at its discretion: 1. Arrange for the reimbursement of such excess credit from the impact fee fund for the same type of service or facility from development impact fees paid by others; 2 . Arrange for the reimbursement of such excess credit through the issuance of a promissory note payable in not more than ten years and bearing interest equal to the interest rate paid by the City for its long-term debt; or 3. Reject the request for cash and provide credit. Such excess credit shall be valued at one hundred percent of actual developer costs for the excess improvements, or at the actual appraised value of such excess improvements, at the City's option. H. Credit may be transferred from one holder to another by any written instrument clearly identifying the credit issued under Subsection C of this section that is to be transferred, provided that such instrument is signed by both the transferror and transferee, and that the document is delivered to the City for registration of the change in ownership. I. 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 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. Formatted: Font: Garamond, 12 pt Deleted: filed Deleted: 230 p. 21 B. 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. C. 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 improvements are of a type for which credit is available under Section 3.24.100. D. 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. E. At least once during each fiscal year of the City, the City Administrative Services Director shall present to the City Commission a proposed capital improvements program for the major street system, fire protection system, water system, and wastewater system, 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 Sections 3.24.090 or 3.24.100(G) shall be retained in the same impact fee fund until the next fiscal year. The Impact Fee Capital Improvements Program shall be adopted by the City Commission as a supplemental document to the city budget. The Impact Fee Capital Improvements Program shall anticipate project expenditures and fund revenues for a five year period. The individual fee funds shall maintain a positive fiscal balance. The program may be amended by a majority vote of the City Commission. The City Manager shall adopt and revise, as needed, an administrative impact fee manual to carry out the purposes of this chapter. F. The City shall be entitled to retain not more than five percent of the development impact fees collected as payment for the expenses of collecting the fee and administering this chapter. G. 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 days after the City's acceptance of the recalculated amount, with interest at the rate of five percent per annum since the date of such overpayment. Any amounts underpaid by the applicant shall be paid to the City within thirty days after the City's acceptance of the recalculated amount, with interest at the rate of five 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 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. H. 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 Formatted: Font: Garamond, 12 pt Deleted: the city Deleted: and the city Deleted: s Deleted: two Deleted: In the case of refunds of development impact fees under Section 3.24.090 (B), the City shall be entitled to retain not more than an additional two percent of the development impact fee payment made by the applicant as payment for the expenses of processing the reimbursement request.¶ 231 p. 22 Commission and shall be made pursuant to goals and objectives previously adopted by the City Commission to promote economic development and/or affordable housing. 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 Development Impact Fees Review Committee 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 five hundred dollars with the Impact Fee Coordinator within ten working days after the determination for which the appeal is being filed. The Development Impact Fees Review Committee shall meet to review the appeal within thirty working days of the date the written appeal was presented to the Impact Fee Coordinator. If the appellant is dissatisfied with the decision of the Development Impact Fees Review Committee, the appellant may appeal the decision to the City Commission by filing a written request with the City Clerk within ten working days of the Committee's decision. 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. J. Updating of impact fee information. 1. The development impact fees described in this chapter and the administrative procedures and manual of this chapter shall be updated at least once every three fiscal years. 2. The facility plans described in this chapter shall be reviewed by the City at least once every five years and if a revision of a facility plan to address changed conditions is deemed necessary, by the City, the plan shall be updated. 3. The purpose of the review and updating of impact fee related documentation is to ensure that: a The demand and cost assumptions underlying such fees are still valid; b. 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; c. 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 d. That such improvements will benefit those developments for which the fees were paid. K. The development impact fees shown in Tables 3.24.050, 3.24.060, 3.24.070, and 3.24.080 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, 1999, and on Formatted: Indent: Left: 43.2 pt Deleted: one hundred eighty Deleted: business Deleted: of the Commission Deleted: business Deleted: of the Commission Deleted: 1. Deleted: 2 Deleted: 3 Deleted: 4 232 p. 23 January 1st of each following year unless and until the fees in Tables 3.24.050, 3.24.070, and/or 3.24.080 are revised or replaced, and then beginning in the subsequent calendar year, each fee amount set forth in each such table shall be adjusted by multiplying such amount by one(1) plus the value of the Construction Cost Index published in the first December edition of the current year. – Source: Engineering News Record. Beginning on January 1, 1999, and on January 1st of each following year unless and until the fees in Tables 3.24.060 is revised or replaced, and then beginning in the subsequent calendar year, the fee amount set forth the table shall be adjusted by multiplying such amount by one (1) plus the value of the Building Cost Index published in the first December edition of the current year. – Source: Engineering News Record. 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. L. Violation of this chapter shall be a misdemeanor and shall be subject to those remedies provided in Bozeman Municipal Code Section 1.16.010. 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), 3.24.060(A)(1), 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. M. The section titles used in this chapter are for convenience only and shall not effect the interpretation of any portion of the text of this chapter. N. 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 days following the date of imposition of the fee or the final determination of the City Commission, whichever is the later. Deleted: 3.24.060, Deleted: a fraction, the numerator of which is the United States Consumer Price Index for all Urban Consumers for All Items Deleted: 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 Deleted: . 233