§ 2-259. Impact fees to be adopted by resolution.

Any impact fees imposed shall be adopted by resolution of the city council. The resolution adopting the impact fee must include a time schedule for periodically updating the documentation required under subsection 2-258(2) of this division. The resolution adopted by the governmental entity must include the following requirements:

(1)

Upon collection, impact fees must be deposited in a special proprietary fund, which must be invested with all interest accruing to the fund.

(2)

The city may impose impact fees on behalf of local districts.

(3)

If the impact fees are not collected or spent in accordance with the impact fee resolution or in accordance with MCA 7-6-1602, any impact fees that were collected must be refunded to the person who owned the property at the time that the refund was due.

(Ord. No. 1233, § 4, 3-27-12)