The City shall maintain a standing Impact Fee Advisory Committee.
This Impact Fee Advisory Committee shall include at least one representative
of the development community and one certified public accountant.
The Committee shall review and monitor the process of calculating,
assessing, and spending impact fees. The Committee shall be provided
with adequate financial reports on a semiannual basis, shall meet
at least annually, and shall provide the City Council with a report
of their findings and recommendations. The City shall provide the
Committee with the appropriate advice and counsel of professional
City staff and/or an appropriate professional consultant selected
by the City. The City Council shall not consider or adopt any impact
fees that have not been first considered by the Committee. The Impact
Fee Committee shall serve in an advisory capacity to the City Council.
(Ord. 1587, 10-16-2006)
Any impact fees to fund capital improvements of the City of
Kalispell shall not be approved and adopted by the City Council unless
those fees have been calculated in accordance with 7-6-1602 MCA or
as such statute may later be amended. Impact fees may not be imposed
for remodeling, rehabilitation, or other improvements to an existing
structure, or rebuilding a damaged structure, unless there is an increase
in units that increase service demand as set forth by State law. If
impact fees are imposed for remodeling, rehabilitation, or other improvements
to an existing structure or use, only the net increase between the
old and new demand may be imposed. The data sources and methodology
supporting adoption and calculation of an impact fee shall be available
to the public upon request.
(Ord. 1587, 10-16-2006)
A.
Upon collection,
all impact fees shall be deposited in a special proprietary fund,
which shall be invested with all interest accruing to the fund.
B.
The City
may impose impact fees on behalf of local districts.
C.
If the
impact fees are not hereafter collected or spent in accordance with
this Article or are not in compliance with 7-6-1602 MCA, any impact
fees that were collected must be refunded to the person who owned
the property at the time that the refund was due.
D.
Unless an election is made as described below in subsection E, the Kalispell Building Department shall collect all impact fees imposed and shall collect them no earlier than the date of issuance of a building permit if a building permit is required for the development or no earlier than the time of wastewater or water service connection or well or septic permitting.
E.
1.
The
party responsible for the payment of impact fees may elect to pay
certain fees over a period of five years in five equal installments,
each installment bearing an annual interest rate of 5% on the remaining
principal balance. The first payment will be due and paid to the Kalispell
Building Department upon application for a building permit or at the
time of wastewater or water service connection or well or septic permitting.
In the event the first payment is made between January 1st and June
30th the first installment payment shall be placed on the tax roll
to be due November of the same year. Upon the closing of a sale of
the subject property, if such sale occurs prior to full payment of
the impact fees due, the balance of all impact fees due and owing
shall be paid to the City of Kalispell. Upon making the election the
owner of the land served by the municipal services shall execute all
necessary documentation to allow an assessment to be placed against
the property so served such that the balance of the amount owed shall
be a lien upon the serviced property and invoiced and paid through
the Flathead County offices in the same manner as other municipal
assessments against the property.
3.
All
penalties and interest earned from financed impact fees shall be placed
in the General Fund as an administrative fee.
(Ord. 1587, 10-16-2006; amd. Ord. 1681, 9-20-2010; Ord. 1695, 4-4-2011)
A.
Offsets
against the amount of a development impact fee due from a new development
shall be provided for contributions made or to be made in the future
by the affected property owner in cash, or by dedication of land,
or by actual construction of all or part of a public facility or public
facilities identified in an adopted CIP and meeting or exceeding the
demand generated by the new development.
B.
The amount
of any excess contributions shall be determined by the Director of
Public Works and the Director of Finance upon receipt of an application
form requesting an offset; provided, however, that: (1) the City will
make no reimbursement for excess contributions unless and until the
particular development impact fee account has sufficient revenue to
make the reimbursement without overdrawing the account or jeopardizing
the continuity of the City's Capital Improvements Program; and
(2) the excess contribution may not be transferred or credited to
any other types of development impact fees calculated to be due from
that development for other types of public facilities. The determination
of the eligibility for and the amount of the offset shall be made
by the Director of Public Works and the Director of Finance, based
on the fair market value of the proposed dedication, construction,
or contribution, as established by appraisals and construction receipts
or construction bids, as applicable. If the applicant contents that
any aspect of the City's decision constitutes an abuse of discretion,
the applicant shall be entitled to appeal pursuant to Kalispell City
Code 8-33.
C.
Offsets
for dedication of land or provision of public facilities shall be
applicable only as to development impact fees imposed for the same
types of public facilities that are proposed to be dedicated or provided.
Even if the value of the dedication of land or provision of a public
facility exceeds the development impact fee due for the type of public
facility, the excess value may not be transferred to development impact
fees calculated to be due from the applicant for other types of public
facilities for which development impact fees may be imposed. Offsets
for excess capacity may, however, be transferred to the same applicant
or to other applicants for new development that creates a demand for
the same type of public facility and which development impact fees
are due pursuant to this chapter.
D.
Any offsets
or reimbursements shall be pursuant to a duly executed development
agreement.
E.
No offsets
shall be given for the construction of local on-site facilities, structures,
improvements, or other project improvements required by zoning, subdivision,
or other City, State or Federal regulations unless the improvement
is identified in the Capital Improvements Program or there is a finding
that the proposed improvements meet the same need as improvements
identified in the Capital Improvements Program.
(Ord. 1587, 10-16-2006; amd. Ord. 1656, 3-23-09)
Any party upon whom an impact fee has been imposed has the right
to appeal the imposition or amount of the impact fee. The appellant
must perfect the appeal by giving written notice of the appeal to
the Building Department along with the full amount of the required
impact fee, in cash or cash equivalent as an appeal bond. The form
of the written notice shall be sufficient if it identifies the name
and address of the appellant and a short statement giving the reason
why the impact fee is wrongly imposed or in the wrong amount. Upon
receiving the notice of appeal and cash bond, the Building Department
official shall, within 24 hours, notify the City Manager, who will
place the matter before the City Council on its next regularly scheduled
City Council meeting that is more than five days following the filing
of the appeal. The City Council shall hear evidence from the appellant
and City staff and shall make the determination whether the impact
fee imposed upon the appellant is compliant with State law and City
ordinance. In the event that the City Council determines that the
imposition of the impact fee is not compliant with either State law
or the City ordinance, the City shall return the cash bond paid by
the appellant.
(Ord. 1587, 10-16-2006)
