HomeMy WebLinkAbout11_Provisionally adopt Ordinance No_ 1707, Amending C_11
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, July 23, 2007
RECOMMENDATION: Conduct continued public hearing and approve first reading of
ordinance to incorporate required changes to conform with statute and new water and wastewater
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 settled litigation in April 2005 challenging the impact fee ordinance. As part of that
settlement the City agreed to only collect 80% of the calculated cost of service until either the
City updated the fee studies or two years had passed. The two year time frame has passed and all
fee studies are currently in the revision process. The draft ordinance as presented removes the
80% limitation on the calculated cost of service to be collected. If the Commission does not wish
to make this amendment for the impact fees (street and fire) for which updated studies have not
yet been presented to the Commission, those edits should be removed in any motion to approve.
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.
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,
229
Report compiled on May 25, 2007
Commission Memorandum
Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: June 4th memo summarizing changes
Revised draft of Chapter 3.24 Impact Fees
230
ORDINANCE NO. 1707
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING CHAPTER 3.24, IMPACT FEES, BMC TO CONFORM TO REQUIREMENTS OF
STATE LAW, INCORPORATE UPDATED REFERENCES TO DOCUMENTS, AND CLARIFY
VARIOUS PROVISIONS.
WHEREAS, The City of Bozeman adopted an impact fee program in 1996 through ordinance 1414;
and,
WHEREAS, Bozeman has commissioned updates to the impact fee studies which calculate the cost of
individual impact fees; and,
WHEREAS, the State of Montana adopted Sections 7-16-1601 through 7-16-1604 providing guidance
to local governments regarding impact fees and establishing certain standards for impact fee adoption;
and,
WHEREAS, Bozeman wishes to update its ordinance relating to impact fees to incorporate newly
adopted studies for water and wastewater; and,
WHEREAS, Bozeman wishes to update its ordinance relating to impact fees to conform to state law;
and,
WHEREAS, the Impact Fee Advisory Committee has reviewed and made recommendation regarding
the impact fee studies and revisions to ordinance and that recommendation has been received by the City
Commission; and,
WHEREAS, the amendments were the subject of public hearings held on May 21st and July 23rd, 2007.
NOW, THEREFORE, BE IT ORDAINED BY THE BOZEMAN CITY COMMISSION:
Section 1
That Chapter 3.24 of the Bozeman Municipal Code be amended so that it reads:
See Exhibit A
Section 2
Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
- 1 -
231
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.
Section 4
Severability. If any portion of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which
may be given effect without the invalid provisions or application and, to this end, the provisions of this
ordinance are declared to be severable.
Section 5
Effective Date. This ordinance shall be in full force and effect on the ____ day of
_______________, 2007.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the ____ day of _______________, 2007.
_________________________________________
JEFF KRAUSS, Mayor
ATTEST:
_____________________________________
BRIT FONTENOT
City Clerk
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the ________ day of ________________, 2007.
_________________________________________
JEFF KRAUSS, Mayor
ATTEST:
- 2 -
232
_____________________________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
- 3 -
233
Exhibit A, Ordinance 1707
p. 1
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 July 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.
234
Exhibit A, Ordinance 1707
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.
235
Exhibit A, Ordinance 1707
p. 3
3.24.030 Intent
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
236
Exhibit A, Ordinance 1707
p. 4
James Duncan and Associates, and the water and wastewater impact fee studies dated May
2007, prepared by HDR Engineering.
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; or
d. Any delayed payment of impact fees as specified and approved by
the City Commission in accordance with the BMC Title 17, Chapter
2 for Workforce Housing Lots.
237
Exhibit A, Ordinance 1707
p. 5
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
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
238
Exhibit A, Ordinance 1707
p. 6
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 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)]
239
Exhibit A, Ordinance 1707
p. 7
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:
"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:
240
Exhibit A, Ordinance 1707
p. 8
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;
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
241
Exhibit A, Ordinance 1707
p. 9
STREET IMPACT FEE SCHEDULE
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
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
242
Exhibit A, Ordinance 1707
p. 10
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; or
d. Any delayed payment of impact fees as specified and approved by
the City Commission in accordance with the BMC Title 17, Chapter
2 for Workforce Housing Lots.
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:
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
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Exhibit A, Ordinance 1707
p. 11
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
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.
244
Exhibit A, Ordinance 1707
p. 12
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.
245
Exhibit A, Ordinance 1707
p. 13
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; or
2. Any delayed payment of impact fees as specified and approved by
the City Commission in accordance with the BMC Title 17, Chapter
2 for Workforce Housing Lots.
3. 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
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Exhibit A, Ordinance 1707
p. 14
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
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.
247
Exhibit A, Ordinance 1707
p. 15
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.
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 $ 3,310
1 inch $ 8,275
1 ½ inch $ 16,550
2 inch $ 26,480
3 inch $ 52,960
Larger than 3 inch calculated
248
Exhibit A, Ordinance 1707
p. 16
WATER IMPACT FEE SCHEDULE*
*Compiler's Note: The Cost Per Meter Fees listed in this formula shall be adjusted annually as per
3.24.110.K.
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; or
2. Any delayed payment of impact fees as specified and approved by
the City Commission in accordance with the BMC Title 17, Chapter
2 for Workforce Housing Lots.
3. 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 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
249
Exhibit A, Ordinance 1707
p. 17
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
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;
250
Exhibit A, Ordinance 1707
p. 18
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
WASTEWATER IMPACT FEE SCHEDULE
SIZE OF WATER METER COST PER METER*
3/4 inch $ 2,955
1 inch $ 7,388
1 ½ inch $ 14,775
2 inch $ 23,640
3 inch $ 47,280
Larger than 3 inch 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
251
Exhibit A, Ordinance 1707
p. 19
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.
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
252
Exhibit A, Ordinance 1707
p. 20
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
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
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Exhibit A, Ordinance 1707
p. 21
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
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,
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Exhibit A, Ordinance 1707
p. 22
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.
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
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Exhibit A, Ordinance 1707
p. 23
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 affordable workforce housing of the City, the City Commission
may waive impact fees for Workforce Housing Lots approved by the City Commission
pursuant to the BMC Title 17, Chapter 2 by paying some or all of the impact fee from
other funds of the city that are not restricted to other uses. 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.
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.
256
Exhibit A, Ordinance 1707
p. 24
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
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
257
Exhibit A, Ordinance 1707
p. 25
effected within ninety days following the date of imposition of the fee or the final
determination of the City Commission, whichever is the later.
258
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.
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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.
260