A. The impact fees described in this chapter and the administrative procedures and fee schedules shall be updated at least once every two (2) years, beginning January 2009, to ensure that: 1) the demand and cost assumptions underlying such fees are still valid; 2) the resulting fees do not exceed the actual cost of constructing improvements that are the type for which the fee was paid and that are required to serve new development; 3) 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; 4) that such improvements will benefit those developments for which the fees were paid; and 5) to adjust the impact fees annually to reflect the effects of inflation on those costs for improvements set forth in the impact fee calculation report.
B. Violation of this chapter shall be a municipal infraction and shall be subject to those remedies provided in title 1, chapter 4 of this code. Knowingly furnishing false information to any official of the town charged with the administration of this chapter on any matter relating to the administration of this chapter shall be a violation of this chapter and may be a violation of the criminal code of the state of Montana.
C. The section titles used in this chapter are for convenience only, and shall not affect the interpretation of any portion of the text of this chapter.
D. Any judicial action or proceeding to challenge, review, set aside or annul the reasonableness, legality or validity of any systems development fee must be filed and service of process effected within ninety (90) days following the date of imposition of the fee or the final determination of the town council, whichever is the later. (Ord. 06-010, 2-13-2007)