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HomeMy WebLinkAboutOrdinance 84- 1152 Amends Title 16, subdivisions; repeals Ord. 796 ,. 387 ORDINANCE NO. 1152 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 16 OF THE BOZEMAN MUNICIPAL CODE, ES- TABLISHING MINIMUM STANDARDS AND PROCEDURE FOR SUBDIVISIONS IN I THE CITY OF BOZEMAN AND THE JURISDICTIONAL AREA, AND REPEALING ORDINANCE NO. 796 OF THE CITY OF BOZEMAN, MONTANA. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: SECTION 1 That Title 16 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: CHAPTER 16.02 GENERAL PROVISIONS 16.02.010 Title. This ordinance shall be known as the Bozeman Area Subdivision Regulations. 16.02.020 Authority. Authorization for the adoption of these subdivision regulations is contained in the Montana Subdivision and Platting Act (Section 76-3-101 through 76-3-614, M. C.A. 1983). I 16.02.030 Jurisdiction. These regulations govern the division of land within the planning jurisdiction of the Bozeman City-County Planning Board. 16.02.040 Purpose. It is the purpose of these subdivision regulations to promote the public health, safety, and general welfare by establishing procedures and requirements which are designed to encourage orderly development in harmony with the natural environment; prevent overcrowding of the land and congestion in the streets; avoid excessive expenditure of public funds for the supply of public services; provide adequate light, air, water, drainage and sanitary facilities, reserve adequate open spaces for travel and recreation; and set forth uniform standards for survey monumentation and for the form and content of records of survey. 16.02.050 Separability Clause. Where any word, phrase, clause, sentence, paragraph, or section, or other part of I these regulations is held invalid by a court of competent jurisdiction, such judgment shall affect only that part held invalid. ORDINANCE NO. 1152 ---~ ---~ 38,8 CHAPTER 16.04 ADMINISTRATION 16.04.010 Violation. Any person, firm, corporation or other entity who shall violate the provisions of this ordinance shall be guilty of a misdemeanor. I 16.04.020 Penalties. Any violation of the provisions of this ordinance is an offense punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisonment in a county jail for not more than three (3) months or by both fine and imprisonment. Each sale or transfer or offer to sell or transfer of each separate parcel or land in violation of any provision of these regulations shall be deemed a separate and distinct offense. 16.04.030 Enforcement. Every final plat must be filed for record with the County Clerk and Recorder before title to the subdivided land can be sold or transferred in any manner or offered for sale or transfer. If illegal transfers or offers of any manner are made, the County Attorney shall commence action to enjoin further sales or transfers or offers of sale or transfer and to compel compliance with all provisions of these regulations, the cost of such action being imposed against the person or entity committing the illegal act. I 16.04.040 Appeals. A separate decision of the Governing Body may be reviewed by the District Court upon application for a writ of certiorari. The application shall specify the grounds upon which it alleges the illegality of the action of the Governing Body. 16.04.050 Fees. Review fees shall be paid to the Planning Board for each subdivision plat or certificate of survey reviewed according to the following schedule: A. Preappl ications Amount paid upon submission of a preapplication plat: $100 plus $1 per lot. B. Regular Subdivisions 1. $200 plus $3 per lot to 100 lots, then $1 per lot for each lot in excess of 100. 2. Amount paid upon submission of final plat: $50 minimum, plus $1 per lot. C. Subdivision with Minor Subdivision Approval (includes amended plats with less than six I lots) . 1. Amount paid upon submission of preliminary plat: $125 plus $3 per lot. 2. Amount paid upon submission of final plat: $40 minimum, plus $1 per lot. ORDINANCE NO. 1152 ~--_. - --- ~89 CHAPTER 16.06 DEFINITIONS 16.06.010 General. Whenever the following words or phrases appear in this text, they shall have the I meaning assigned to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word "shall" is always mandatory, and the word "may" indicates use of discretion in making decisions. 16.06.020 Bloc k . A piece or tract of land entirely surrounded by public highways, streets, waterways, railway right-of-way or parks, etc., or a combination thereof. 16.06.030 Certificate of Survey. A drawing of a field survey prepared by a registered land surveyor for the purpose of disclosing facts boundary locations. 16.06.040 Comprehensive Plan. A master plan as defined in Section 76-1-601, M.C.A. 1983. I 16.06.050 Condominium. A form of individual ownership with unrestricted right of disposal of one or more units in a multiple unit project with the land and all other parts of the project held in common owner- ship. 16.06.060 Covenants. An agreement, in writing, of two or more parties by which any of the parties pledges himself to the others that something is done or shall be done. 16.06.070 Date of Submission. The last day allowed by Chapter 16.08, Subdivision Procedure, upon which a submission plat, prepared in proper form, may be submitted in order to receive consideration at the scheduled public meeting, or the day upon which a certificate of survey is submitted in proper form. Where insufficient information is furnished with the survey, or changes or corrections are required by the reviewing agencies, the date of submission shall be the date upon which corrections are submitted. I 16.06.080 Dedication. The deliberate appropriation of land by an owner for any general and public use, reserving himself no rights which are incompatible with the full exercise and enjoyment of the publ ic use to which the property has been devoted. ORDINANCE NO. 1152 - -"----------- 39'0 16.06.090 Division of Land. The segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring, or contracting to transfer, title to or possession of a portion of the tract or properly filing a certificate of surveyor subdivision plat establishing the identify of the segregated parcels pursuant to these subdivision regulations. Provided that I where required by these regulations the land upon which an improvement is situated has been subdivided in compliance with the regulations, the sale, rent, lease, or other conveyance of one or more parts of a building, structure, or other improvement situated on one or more parcels of land is not a division of land and is not subject to the terms of these regulations. 16.06.100 Easement. A right to use land, other than as a tenant, for a specific purpose; such right being held by someone other than the owner who holds title to the land. 16.06.110 Engineer (Registered Professional Engineer). A person licensed in conformance with the Montana Professional Engineers' Registration Act (Section 37-67-301 through 37-67-332, M.C.A. 1983) to practice engineering in the State of Montana. 16.06.120 Examining Land Surveyor. A registered land surveyor duly appointed by the Governing Body to review surveys and I plats submitted for filing. 16.06.130 Governing Body Governing Body means the City Commission of the City of Bozeman with the Director of Public Service as its authorized agent when the subdivided land lies within the Corporate Limits or within three (3) miles of the Corporate Limits; and, the Board of County Commissioners when the land lies outside of the Corporate Limits of the City of Bozeman. 16.06.140 I rregularly Shaped Tract of Land. Means a parcel of land other than an aliquot part of the United States Government survey section or a United States Government lot the boundaries or areas of which cannot be determined without a survey of trigonometric ca Iculation. 16.06.150 Lot. A parcel, plot or other land area created by subdivision for sale, lease or rent. 16.06. 160 Lot Measu rements. I A. Lot Depth. The average distance from the front lot line to the rear lot line. B. Lot Width. The average distance between side lot lines. C. Lot Frontage. The width of the front lot line. D. Lot Area. The area of a lot determined exclusive of street, highway, alley, road, or other rights of way. ORDINANCE NO. 1152 ~ 391 16.06.170 Lot Types. A. Corner Lot. A lot located at the intersection of two streets. B. I nterior Lot. A lot with frontage on only one street. C. Double Frontage Lot. A lot whose front and rear lines both abut on a street. I 16.06.180 Minor Subdivision. A subdivision containing five (5) or fewer parcels where proper access to all lots is provided where no land in the subdivision will be dedicated to public use for parks or play- grounds and which has been approved by the Department of Health and Environmental Sciences where such approval is required by Sections 76-4-128, M.C.A. 1983. 16.06.190 Mobile Home. A factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit(s) without a permanent foundation. 16.06.200 Mobile Home Lot. A designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants. I 16.06.210 Mobile Home Park. A tract of land providing two or more mobile home lots for lease or rent to the general public. 16.06.220 Mobile Home Stand. That area of a mobile home lot which has been prepared for the placement of a mobile home. 16.06.230 Monument (Permanent Monument). Any structure of masonry, metal, or other permanent material placed in the ground, which is exclusively identifiable as a monument to a survey point, expressly placed for surveying reference. 16.06.240 Occasional Sale. Means one sale of a division of land within any twelve month period. The twelve month period commences upon sale of the division of land. I 16.06.250 Open Space. A land or water area devoid of buildings and other physical structures except where accessory to the provision of recreation. ORDINANCE NO. 1152 392 /,., i 16.06.260 Planned Unit Development (PUD). A land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks, or any combination thereof which comprises a planned mixture of land uses built in a prearranged relationship to each other and having open space and commun- ity facilities in a common ownership or use. I 16.06.270 Planning Board. Planning Board means the Bozeman City-County Planning Board. 16.06.280 Plat. A graphic representation of a subdivision showing the division of land into lots, parcels, block, streets and alleys, and other divisions and dedications. 16.06.290 Property Owner. Any person, firm, corporation or other entity shown as being the legal owner of a tract, parcel, or lot in the records of the County Clerk and Recorder. 16.06.300 Public Improvement. Any structure or facility constructed to serve the residents of a subdivision or the general public such as parks, streets, and roads, sidewalks, curbs and gutters, street light- ing, utilities and systems for water supply, sewage disposal and drainage. I 16.06.310 Recreational Vehicle Park. A place used for public camping where persons can rent space to park individual camping trai lers, pick-up campers, motor homes, travel trai lers or automobi les for transient dwell ing pu rposes. 16.06.320 Recreational Vehicle Space. A designated portion of a recreational vehicle park designed for the placement of a sing Ie recreational vehicle and the exclusive use of its occupants. 16.06.330 Right-of-Way. A strip of land dedicated or acquired for use as a public way. 16.06.340 Roadway. That portion of the street right-of-way which is improved or is proposed to be improved to carry traffic and provide for the on-street storage of automobi les; where curb is provided, I the roadway is measured from face-of-curb to face-of-curb. 16.06.350 Street Types. For the purpose of these regulations, street types are defined as follows (terms "street" and II road" may be used interchangeably): ORDINANCE NO. 1152 : 38'3 A. Alley--A street used primarily for vehicular access to the rear of properties which abut on and a re served by pub I ic roads. B. Arterial--A street or road having the primary function of moving traffic and the second- ary function of providing access to adjacent land. I C. Collector--A street or road having the equally important functions of moving traffic and providing access to adjacent land, including the principal entrance streets of a residen~ tial development and streets for circulation within such a development. D. Minor Streets--A street or road having the primary function of serving abutting proper- ties, and the secondary function of moving traffic (such streets have two moving lanes of traffic and one or two parking lanes and provide access to abutting properties). E. Dead-End Street--A street having only one outlet for vehicular traffic. F. Half-Street--A portion of the width of a street, usually along the outside perimeter of a subdivision, where the remain ing portion of the street must be located on adjacent property. G. Cul-de-Sac--a street having only one outlet for vehicular traffic and terminating in a turn-around area. H. Loop--A local street which begins and ends on the same street, generally used for access to properties and controls traffic access to arterials or collectors. 16.06.360 Public Street. I A street for which the right-of-way has been dedicated to the public. 16.06.370 Subdivider. Any person, firm or corporation, or other entity who causes land to be subdivided or who proposes a subdivision of land. 16.06.380 Subdivision. A division of land or land so divided, which creates one or more parcels containing less than twenty (20) acres, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed, and shall include any resub- division; and shall further include any condominium or area, regardless of its size, which provides or will provide multiple space for recreational camping vehicle or mobile homes. A subdivision shall comprise only those parcels less than twenty (20) acres which have been segregated from the original tract, and the plat thereof shall show all such parcels whether contiguous or not. Provided, however, condominiums constructed on land previously divided in compliance with the Montana Subdivision and Platting Act are exempt from I the provision of these regulations. (See Chapter 16.38 for Subdivision Exemptions.) 16.06.390 Subdivision Types. For the pu rpose of these regulations, subdivision types are defined as follows: A. Commercial Subdivision--A subdivision which is located in a commercial zoning district of the Bozeman Area Zoning Code. ORDINANCE NO. 1152 ------- . 394 B. Urban Residential subdivision--A subdivision which is located within the corporate limits of the City of Bozeman. C. Rural Residential Subdivision--A subdivision which is located outside of the corporate limits of the City of Bozeman. 16.06.400 Surveyor (Registered Land Surveyor). I A person licensed in conformance with the Montana Professional Engineers' Registration Act (Section 37-67-301 through 37-67-332, M.C.A. 1983) to practice surveying in the State of Montana. 16.06.410 Swale. A drainage channel or shallow depression designed to direct surface water flow. 16.06.420 Watercourse. A natural depression or channel which gives direction to a current of water at any time of the year. CHAPTER 16.08 SUBDIVISION PROCEDURE 16.08.010 General Procedure. I Every plat of subdivision must be reviewed, approved, and filed for record with the County Clerk and Recorder in accordance with the procedures contained herein before title to the subdivided land can be sold or transferred in any manner or offered for sale or transfer. A. I nstruments Which Transfer Title. The County Clerk and Recorder shall not record any instrument which purports to transfer title to or possession of a parcel or tract of land which is required to be surveyed by this act unless the required certificate of surveyor subdivision plat has been filed with the Clerk and Recorder and the instrument of trans- fer describes the parcel or tract by references to the filed certificate or plat. B. Construction. No subdivider shall proceed with any construction work relating to the proposed subdivision, including grading or excavation, until he has obtained preliminary approval of the proposed plat of subdivision from the Governing Body, and then only if the construction is in accordance with the conditions of preliminary approval. 16.08.020 Preapplication Procedure. Prior to the submission of a plat of subdivision, the subdivider shall submit to the Planning Board office a preapplication plan in compliance with Section 16.10.010 of these I regulations. A. General Review. 1. A copy of a proposed plat and related information will be, where appropriate, distributed to all appropriate agencies (city, county, state, federal, etc.) for review and written comments. ORDINANCE NO. 1152 ~~~ ... 395 2. All written comments received from various agencies plus City-County Planning staff review comments will be forwarded to applicant to aid in preparation of a preliminary plat. 3. The Planning Board staff shall review the preapplication plan and within fifteen (15) days advise the subdivider as to whether the plans and data meet the objec- tives of these regulations. I B. Option for Review. If the subdivider so wishes, he may request in writing that the preapplication plan be reviewed by the Planning Board at its regular meeting. The letter of request and ten (10) copies of the preappl ication plan must be submitted no later than fifteen (15) days prior to the Planning Board meeting at which it is to be considered. No later than ten (10) days after the meeting the subdivider shall be advised by letter as to whether the plans and date meet the objectives of these regulations. 16.08.030 Minor subdivisions--Review and Approval Procedures. A. General. Subdivision of five (5) or fewer parcels may be given summary review and approval when the Governing Body(ies) determines that the following criteria are met: 1. No land in the subdivision will be dedicated for public use for parks or play- grounds. (A cash-in-lieu payment for the required park land dedication shall be received. ) 2. The subdivision will not have a significant environmental or community impact. However, for the first minor subdivision created from a tract of record the requirement for an environmental assessment shall not apply. For the second or subsequent minor subdivision from a tract of record the Governing Body(ies), I through the City-County Planning Staff, may require an environmental assessment and shall provide the subdivider with a written statement of the reasons for requiring the information. 3. All subdivision design standards, as specified in Chapter 16.12, are met. 4. Proper access is provided to all parcels in accordance with the Bozeman City- County Planning Area Subdivision Regulations. 5. The subdivision has been approved by the Department of Health and Environmental Sciences where such approval is required by Sections 76-4-101 through 76-4-128, M.C.A. 1983. 6. No parcels have been previously segregated from the tract under the Minor Subdivision Plat Procedure. 7. The proposed minor subdivision complies with all existing City and County Land Use Regulations, any officially adopted Master Plan and its Pol icies, and any adopted Zoning Regulations. B. Public Hearing. For the first minor subdivision created from a tract of record, the requirements for holding a public hearing shall not apply. For the second or subsequent minor subdivision from a tract of record the Governing Body(ies) through the Planning Board and staff may require a public hearing and shall provide the subdivider with a written statement of the reasons for requiring the public hearing. When a public hear- I ing is held, the requi rement in Section 16.08.040, Subdivision, shall be followed. Minor subdivisions receiving summary review are subject to all appropriate proce- dural and data requirements as contained in the Bozeman City-County Planning Area Sub- division Regulations for the review and approval of preliminary subdivision plats except as noted within this section. ORDINANCE NO. 1152 - ~----"---._- - -~~~~ 396 C. Minor Subdivision Application. The subdivider shall submit to the Planning Office an application for minor subdivision review plus all required preliminary information as outlined in Section 16.10.020, the appropriate fees specified in Section 16.04.050 and ten (10) copies of the proposed preliminary plat where deemed necessary. 1. The City-County Planning staff shall forward copies of the minor preliminary plat to I appropriate departments within the City and County for their review and comment. Said departments shall be given a ten (10) day review period for the purpose of checking the minor plat for conformance to all pertinent regulations. All written comments received from various agencies plus Planning staff review comments will be forwarded to applicant to aid in preparation of a preliminary plat. 2. Should any department find any discrepancy in the minor plat submittal, they shall note such in writing and return their comments to the Planning staff. I f no comments are received by the end of the ten (10) day review period, the Planning staff shall assume the departments approved the minor plat. 3. The Planning staff shall consider all relevant evidence relating to the publ ic health, safety and welfare to determine whether the application should be approved, condi- tionally approved, or disapproved by the Governing BOdy(ies). The Planning staff shall review the proposed minor subdivision to determine whether it conforms to local Zoning Regulations, to the Bozeman Area Master Plan, to the provisions of the Montana Subdivision and Platting Act, and to the Bozeman City-County Planning Area Subdivision Rules and Regulations. 4. The Planning staff shall act in an advisory capacity and recommend to the Governing Body(ies) the approval, conditional approval, or disapproval of the application. This recommendation must be submitted to the Governing Body(ies) in writing not later than twenty (20) days after the Planning staff accepts the summary approval application. A copy of the recommendation shall also be mailed to the subdivider. D. Minor Preliminary Plat Approval. The Governing Body(ies) must approve, or disapprove the first such subdivision from a tract of record within thirty-five (35) days of the submission of an application for approval thereof; The thirty-five (35) day review and approval period shall commence when the review I fees have been paid and the Planning staff accepts the appl ication, plats, and supple- ments as conforming to all requirements for the form and content of a complete pre- liminary plat submittal. If the Governing Body disapproves or conditionally approves the minor preliminary plat, it shall forward one copy of the plat to the subdivider accompanied by the letter over the appropriate signature stating the reasons for disapproval or enumerating the condition which must be met to assure approval of the minor final plat. The basis for the Governing Body's decision to approve, conditionally approve, or disapprove a subdivision shall be the preliminary plat, Planning staff's recommendations and any additional information which demonstrates that development of the subdivision would be in the public interest pursuant to Sections 76-3-601 through 76-3-614, M. C. A. 1983. Upon approving or conditionally approving a minor subdivision preliminary plat, the Governing Body (ies) shall provide the subdivider with one copy of a dated and signed statement of approval. The approval shall guarantee that the terms of the approval will I not be affected by future changes in the subdivision regulations and that the Governing Body(ies) may not impose any additional conditions as a prerequisite to final plat approval providing said approval is obtained within one (1) year. The approval shall be effective for not more than one calendar year; at the end of this period the Governing Body (ies) may, at the request of the subdivider, extend its ORDINANCE NO. 1152 _._~._~._---~ --~- --~ 397 approval for not more than one (1) calendar year, except that the Governing Body may extend its approval for a period of more than one year if that approval period is in- cluded as a specific condition of a written agreement between the Governing Body and the subdivider, according to Sect. 76-3-507, M. C. A. Approval of the minor subdivision I preliminary plat shall not constitute approval of the final plat. E. Final Plat Approval. The final plat shall follow the appropriate procedural and data requirements contained in Section 16.10.030 of the Bozeman City-County Planning Area Subdivision Regulations. The final minor subdivision plat shall conform in all respects to the summary review application and preliminary plan as previously reviewed and approved by the Governing Body(ies) and shall incorporate all required modifications. The Governing Body(ies) may withdraw approval of a minor subdivision if it (they) determine(s) that information provided by the subdivider, and upon which such decision was based, is inaccurate. 16.08.040 A. Submission. The subdivider shall submit the following number of copies of the prelimi- nary plat and supplementary information to the Planning Board office at least thirty (30) days prior to the Planning Board meeting at which it is to be considered: 1. Within the City of Bozeman--ten (10) copies. 2. Outside the City of Bozeman, where the requirements for the environmental assess- I ment and community impact report have not been waived--seventeen (17) copies. B. A ffected Agencies. A copy of all proposed plats and relative information will be distributed to all appropriate agencies (city, county, state, federal, etc.) for review and comment. All written comments received from various agencies plus planning staff review comments will be forwarded to applicant to aid in preparation of a preliminary plat. 1. A 310 permit, issued the Gallatin County Conservation District, will be required whenever it is necessary to alter any streams or other water bodies as a result of proposed subdivision activity. The need for a 310 permit will be evaluated during preapplication and/or preliminary plat reviews. C. Publ ic Notice. The Planning Director shall schedule a public hearing before the Planning Board and give legal notice in a newspaper of general circulation in the County not less than fifteen (15) days prior to the date of the hearing. The subdivider and every proper- ty owner or owners immediately adjoining the land included in the plat shall be notified of the hearing by registered mail not less than fifteen (15) days prior to the date of hearing. D. Public Hearing. At the public hearing the Planning Board shall: I 1. Review the preliminary plat, together with required supplementary plans and information to determine if it meets with the requirements of these regulations, the development standards and policies of the Bozeman Area Plan, the Montana Subdivision and Platting Act, and other adopted state and local ordinances. 2. Listen to public testimony. 3. Consider written comments from appropriate public agencies and utilities. 4. Cause to be written a recommendation for approval, conditional approval, or disapproval, and the reasons therefore. ORDINANCE NO. 1152 ~- ~ --- . 398 5. Conditions may be established that must be satisfied before final plat approval can be granted, including among other items, appropriate stipulations for a final sediment and erosion control plan outlining conditions for any stream alterations that may be necessa ry or des ired. E. Recommendations. The written recommendation of the Planning Board shall be forwarded not later than ten (10) days after the public hearing to the appropriate Governing Body, which is: I 1. The City Commission of the City of Bozeman, with the Director of Public Service as its authorized agent, when the subdivided lands lie within the City of Bozeman. 2. The City Commission of the City of Bozeman, with the Director of Public Service as its authorized agent, and the Board of County Commissioners when the land lies outside of but within three (3) miles of the City of Bozeman; 3. The Board of County Commissioners when the land lies further than three (3) miles from the City of Bozeman. F. Copy to Subdivider. A copy of the recommendation of the Governing Body shall also be mailed to the subdivider. G. Approval. The Governing Body shall approve, conditionally approve, or disapprove the preliminary plat within sixty (60) days of the date of its submission unless the subdivider consents to an extension of the review period. 1. Where a master plan and supplemental information for a large development has been submitted for review and the preliminary plat represents only a portion of the master planned area, the Governing Body may wish to make comment and suggestion on the total development. Such comment shall be advisory in nature and not con- stitute preliminary approval. H. Written Statement of Action. A dated and signed statement of the approval, conditions of approval, or reasons for disapproval, shall be attached to one (1) copy of the I preliminary plat and forwarded to the subdivider. This statement shall also advise the subdivider of the following requirements: 1. Approval or conditional approval of the preliminary plat shall be in force for not more than one (1) calendar year. 2. Prior to the expiration date, the subdivider may submit a letter of request for the extension of this period to the Planning Board office. Thereafter, the Governing Body may approve an extension for not more than one (1) calendar year. 3. Amendments to these subdivision regulations which become effective after the preliminary plat has been approved will not affect the requirements for final plat approval. 16.08.050 Improvement Procedures. After the preliminary plat has been given approval (and prior to submission of the final plat), the subdivider shall satisfy the requirements for the installation of improvements in compl iance with Chapter 16.26. 16.08.060 Final Plat Procedure. After the conditions of preliminary approval and the requirements for the installation of improvements have been satisfied, the subdivider shall cause to be prepared a final plat, in I compl iance with Section 16.10.030 of these regulations. 1. The developer/applicant should submit an application for a 310 permit to the Gallatin County Conservation District for review and approval as may be necessary and appro- priate. 2. The final subdivision plat and related information shall be submitted to Planning staff for review for compliance with previously established approval conditions. ORDINANCE NO. 1152 ~~--~.~-------- " . - . . . ~. . . ~ ...- ~_. . 398 3. A final sediment and erosion control plan (including all conditions, i.e., an approved 310 permit) for any stream alterations that may be necessary or desired shall be submitted and reviewed by the Planning staff; City and/or County Engineer(s); Fish, Wildlife and Parks Department; Soil Conservation Service; Ditch and/or Canal Companies; and/or other agencies as appropriate. 4. A final subdivision plat shall not be approved or signed until all appropriate agencies, as listed above, certify in writing to the Planning staff, their acceptance I and approval of a final sediment and erosion control plan (including all specifica- tions for any stream alterations that may be proposed). A. Submission. The final plat, together with required information, shall be submitted to the Planning Director and include the following: 1. Within the City of Bozeman and within three (3) miles of the City of Bozeman: 2 cloth backs 2 linen or mylar transparencies 4 paper prints 2. Further than three (3) miles from the City of Bozeman: 1 cloth back 1 linen or mylar transparency 3 paper prints B. Review of Abstractor's Certificate. The Planning Director shall forward the certificate of a licensed title abstractor as required by Section 16.10.030 to either the County Attorney or City Attorney, whoever is appropriate, for review and certification. I C. Review by the Examining Land Surveyor. The Examining Land Surveyor shall review the final plat to ascertain that the survey and monumentation provisions of these regulations have been met and that there are no errors or omissions in calculations or drafting and so certify in a printed certificate on the plat. 1. A professional disagreement as to the val idity of surveyor monumentation informa- tion shown on the plat (such as relating to evidence of the location of survey points and lines) shall not be grounds for the examining land surveyor to withhold his signature from the plat if the minimum requirements of these regulations have been met. D. Review by the Planning Director. The Planning Director shall then review the final plat to ascertain that all other conditions and requi rements for final approval have been met and so certify in a printed certificate on the plat. E. Approval by Governing Body. The Governing Body shall examine every final plat and within thirty (30) days of the date of submission to the Planning Director shall approve it if it conforms to the conditions of preliminary approval and the terms of these regulations. I 1. I f the final plat is approved, the Governing Body shall so certify in a printed certificate on the plat, and return the plat to the subdivider. One (1) copy of the approved plat shall be retained for the Planning Board files. I f the Final plat is disapproved, the Governing Body shall write the subdivider a 2. letter (with a copy being sent to the preparing surveyor) stating the reasons therefor. ORDINANCE NO. 1152 ---~--'-"""'-----~-~--_.~ 400 F. Filing. The subdivider shall file the approved, signed final plat and all other required certificates and documents with the County Clerk and Recorder within sixty (60) days of the date of final plat approval. C H A PT E R 1 6 . 1 0 I PLATS AND DATA 16.10.010 Preapplication Plan. The preappl ication plan be a free hand sketch, legibly drawn, showing approximate bounda- ries, dimensions, areas, and distances. The plan may be drawn directly on a print of the topo- graphic survey required for the preliminary plat and shall include: A. Vicinity Sketch. A vicinity sketch map showing: 1. Adjacent lot and tract lines. 2. Location of existing streets and easements within the proposed subdivision and within adjacent subdivisions and tracts; indicating name, width, purpose and ownership. 3. Location of any existing buildings, railroads, towers, and improvements within the proposed subdivision and within two hundred (200) feet of the proposed subdivision. 4. Zoning classification within area of the proposed subdivision and adjacent areas, if any. The proposed zoning for the subdivision if a change is contemplated. B. Topographic Features. Topographic features of the proposed subdivision and adjacent subdivisions and I tracts including: 1. A current U. S. Geological Survey Topographic map at the largest scale available, with an outline of the subdivision clearly indicated thereon. 2. Embankments, water courses, drainage channels, areas of seasonal water ponding, areas within the designated floodway, marsh areas, rock outcrops and wooded areas. 3. A 310 permit, issued by the Gallatin County Conservation District, will be required whenever it is necessary to alter any stream or other water bodies as a result of proposed subdivision activity. The need for a 310 permit will be evaluated during preapplication and/or preliminary plat reviews. C. Utilities. The existing and proposed utilities located on and adjacent to the proposed subdivision including the: 1. Location, size, and depth of sanitary and storm sewers, water mains, and gas lines. 2. Location of fire hydrants, electric lines, and sewage and water treatment and storage facilities. D. Subdivision Layout. The proposed layout of the subdivision showing the approximate: 1. Subdivision, block, tract, and lot boundary lines; with numbers, dimensions, and I areas for each block and lot. 2. Street location, right-of-way width, name; and proposed locations of intersections or other access points for any subdivision requiring access to arterial or collector highways. 3. Easement location, width and purpose. 4. Sites to be dedicated or reserved as park, common open space, or other public areas; with boundaries, dimensions, and areas. ORDINANCE NO. 1152 -~-----~ ., . 5. Sites for commercial centers, churches, schools, industrial areas, condominiums, mobile home parks and uses other than for single family residences. E. Master Plan. An overall development plan indicating future development of the remainder of the tract if the tract is to be developed in phases. F. Name and Location. A title block indicating the proposed name, quarter-section, section, I township, range, principal meridian, and county of the subdivision. G. Notations. Scale, true north arrow, name and addresses of owners and developer, date or preparation. 16.10.020 Preliminary Plat. The preliminary plat shall be legibly drawn at a horizontal scale of not less than two hundred (200) feet to the inch; and may show approximate boundaries, dimensions, distances and areas, unless specifically noted. Where accurate information is required, plans and data shall be prepared under the supervision of a registered land surveyor or registered engineer as their respective licensing laws allow. The plat shall show or contain the following: A. Preappl ication Information. All information required with the preappl ication plan, Section 16.10.010. B. Adjoining Subdivisions. The names of adjoining, platted subdivisions and adjoining certificates of survey previously filed. C. Adjoining Owners. Names and addresses of record owners of lots and tracts immediately adjoining the proposed subdivision. I D. Perimeter Survey. An accurate survey of the exterior boundaries of the platted tract; with bearings, distances, and curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse shall be given. E. Section Corners. The approximate location of all section corners or legal subdivision corners of section pertinent to the subdivision boundary. F. Contou rs. An accurate contour map with vertical intervals of five (5) feet or less (other appropriate intervals may be used where slope conditions so require) and drawn at the same scale as the plat. G. Grades. Tentative finished grades of each street as indicated by spot elevations. H. Staging Improvements. If the improvements required in Chapter 16.26 are to be completed in stages after the final plat is filed, the approximate area of each stage shall be shown on the plat. I . Environmental Assessment, Community Impact Report, and Flood Hazard Evaluation. To be submitted as required in Chapters 16.18,16.20 and 16.24. I J. Documents and Certificates. Draft or copy of the following documents and certificates to be printed on or accompany the preliminary plat. (See Chapter 16.40 for format.) 1. Covenants and restrictions, if any, to be included in deeds or contracts for sale. 2. Encroachment permits or a letter indicating intention to issue a permit where new streets, easements, and other subdivision improvements intersect or are located within State, County, or City highways or roads. 3. A letter of approval from the Governing Body or other appropriate authority where a zoning change is necessary. ORDINANCE NO. 1152 - - ----- ---- --- -~--- -- -----~-~--~~----~-~ -~~~~---~- ---- -- --- ~- 402 4. A draft of the proposed subdivision improvements agreement required in Chapter 16.26. 5. A draft of such other appropriate certificates as are shown in Chapter 16.40. 16.10.030 Final Plat. The final plat shall be legibly drawn with a permanent ink or printed or reproduced by I a process guaranteeing a permanent record. The horizontal scale shall not be less than two hundred (200) feet to the inch; and the lengths of all lines shall be shown to at least tenths of a foot and all angles and bearings to at least the nearest minute. Plans and data shall be pre- pared under the supervision of a registered land surveyor or registered engineer as their respec- tive licensing laws allow, and shall show or contain: A. Plat Size. Either eighteen (18) inches by twenty-four (24) inches, or twenty-four inches by thirty-six (36) inches, to include a one and one-half (1 1/2) inch margin on the binding side. However, the actual diagram shall in no case exceed twenty-one (21) inches by twenty-th ree (23) inches. Whenever more than one sheet must be used to accurately portray the land subdivided, each sheet must show the number of that sheet and the total number of sheets included. B. Perimeter Survey. A perimeter survey of the platted tract; with bearings, distances, and curve data of the perimeter boundaries indicated outside the boundary lines. When the subdivision is bounded by an irregular shoreline or body of water, the bearings and distances of a closing meander traverse shall be given. C. Monumentation. Clear identification of all monuments found, set, reset, replaced or I removed describing their kind, size, location and giving other data relating thereto. Also, all bearing or witness monuments with basis of bearing, bearings, and length of lines. 1. Where additional monuments are to be set subsequent to the filing of the plat, the location of such additional monuments shall be shown by a distant symbol noted on the plat. 2. All monuments or other evidence found during retracements that would influence the positions of any corner or boundary indicated on the plat must be clearly shown. D. Section Corners. The location of all section corners or legal subdivision corners of sections pertinent to the subdivision boundary. E. Lots and Blocks. Numbers, dimensions, areas, bearings on lines for each lot and block. F. Streets and Easements. Name and width, purpose, bearings, and distances. G. Public Places. Dimensions, areas, and bearings on lines of all parks, common areas, and other grounds dedicated for public use. H. Indication of Use. Indicated use of sites for parks, schools, and other public areas; condominiums, mobile home and recreational vehicle parks, or any use other than single fami Iy residences. I I. Adjoining Areas. Names of any adjoining, platted subdivisions and number of any ad- joining certificates of survey previously recorded and ties thereto. J. Notation. True north point; scale; acreage of streets, parks and other public areas; acreage of the subdivision, gross and net. ORDINANCE NO. 1152 _~___~ _____ L__.__~'------_ ~ ,403 K. Title Block. Name of subdivision, quarter section, section, township, range, principal meridian, and county. The title of this plat shall contain the words lIplatll and lIsubdivision.lI L. Memorandum of Oaths. A memorandum of all oaths administered by the surveyor preparing I the plat pursuant to Section 76-3-405, M. C. A. 1983. M. Certificates and Documents. All certificates and documents as requi red for the pre- liminary plat and in Chapter 16.40, both signed and notarized with the addition of: 1. Certification by a licensed title abstractor showing the names of the owners of record of land to be subdivided and the names of any lien holders or claimants of record against the land and the written consent to the subdivision by the owners of the land, if other than the subdivider, and any lien holders or claimants of record against the land. 2. Certification by the State Department of Health and Environmental Sciences that it has approved the plans and specifications for sanitary facilities, when applicable. CHAPTER 16.12 DESIGN STANDARDS 16.12.010 General Standards. The design and development of a subdivision shall conform with adopted comprehensive plans, zoning ordinances, and other resolutions and regulations; and A. Natural Environment. The design and development of subdivisions shall, insofar as it is I possible, preserve or enhance the natural terrain, natural drainage, existing topsoil, trees and natural vegetation. B. Lands Unsuitable for Subdivision. Land which the Governing Body has found to be unsuitable for subdivision because of potential hazards such as flooding, land sl ides, excessive slope, rock falls, snow avalanches, subsidence, high water table, polluted or non-potable water; or because of unreasonable burdens on the general public such as requirements for the excessive expenditure of public funds, environmental degradation, and congestion in the streets shall not be subdivided for building or residential purposes unless the hazards or excessive public burdens are eliminated or will be overcome by approved design and construction plans. 16.12.020 Lots. A. Dimensions and Orientation. Lot size, width, shape and orientation shall be appropriate for the location and contemplated use of the subdivision. Each lot shall contain a satisfactory building site and shall conform to zoning codes and comprehensive plans, where officially adopted, and to the regulations of the State Department of Health and I Environmental Sciences. B. Division by Rights-of-Way. No single lot shall be divided by a right-of~way, easement, or other lot which would reduce the buildable area to a size less than required by these and other adopted regulations. C. Double and Reverse Frontage. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. ORDINANCE NO. 1152 - -- -------"'"'-~-- t~04 .".. D. Corner Lots. Corner lots shall be required to have sufficient width to permit appro- priate bui Iding setback from both streets. E. Depth. No lot shall have an average depth greater than three (3) times its average width. F. Side Lot Lines. Side lot lines shall be substantially at right angles or radial to street I lines. G. Frontage on Public Streets. Each lot shall front on a dedicated public street or on an approved, private street. 16.12.030 Blocks A. Size and Orientation. Blocks shall be designed to assure traffic safety and ease of traffic control and circulation, to accommodate the special needs of the use contemplated, and to take advantage of the limitations and opportunities of the topography. B. Block Length. Block length shall not be designed, unless otherwise impractical, to be more than thirteen hundred (1,300) feet or less than three hundred fifty (350) feet in length. C. Block Width. Blocks shall be wide enough to allow for two tiers of lots except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topog raphy and orientation. D. Rights-of-Way for Pedestrians. Rights-of-way for pedestrian walks, not less than ten (10) feet wide, shall be required where deemed essential to provide circulation or access I to schools, playgrounds, shopping center, transportation and other community facilities. 16.12.040 Streets. A. General Statement. The arrangement, type, extent, width, grade, and location of all streets shall be considered in their relation to existing and planned streets, to topographical conditions, to poblic convenience and safety, and to the proposed uses of the land to be served by such streets. B. Relation to Unsubdivided Areas. When a new subdivision adjoins unsubdivided land susceptible to being subdivided, then streets shall be so arranged so as to allow the suitable development of the adjoining areas. C. Separation of Through and Local Traffic. Where a subdivision abuts or contains an existing or proposed arterial or collector street, the subdivision may be required to provide marginal access streets, reserve frontage with a reservation prohibiting access along the rear property line, screen planting, or such other treatment as may be necessary for protection of residential properties and to afford separation of through and local traffic. I D. Distance Between Parallel Rights-of-Way. Where a subdivision borders on or contains a railroad, limited access highway, canal, ditch, or stream right-of-way, a street may be required approximately parallel to and on each side of such right-of-way at a distance suitable to allow for the appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separation. ORDINANCE NO. 1152 ----~- --- ~._-- - E. Dead-End Streets. No dead-end streets shall be permitted without an approved turn around. Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac shall be provided. F. Minor Streets. Minor streets shall be laid out so their use by through traffic will be I discouraged. G. Half Streets. Half streets shall be prohibited except where the other half of the street is within an existing, nondedicated, public right-of-way. H. Public and Private Streets. All streets within a subdivision shall either be dedicated to the public or be private streets to be owned and maintained by an approved, property owners association. I. Street Intersections. The following requirements apply to street intersections: " The intersection of more than two streets at one point shall be avoided. 2. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than a 75 degree angle. 3. Two streets meeting a third street from opposite sides shall meet at the same point, or their centerlines shall be off-set at least one hundred twenty-five (125) feet. J. Names. The following requirements apply to street names. " New streets aligned with existing streets shall have the same name as he existing streets. 2. No street names shall be used which will duplicate or be confused with the names of existing streets. K. Street Design Standards for Collector and Minor Streets. I STREET DESIGN STANDARDS " Street Type Collector Minor 2. Terrain Classification Ordinary Mountainous (1 ) Ordinary Mountainous 3. Right-of-way width, minimum 60'-80' 60' 60' 60' 4. Centerline radius on curves, minimum 300' 150' 150' 100' 5. Tangent length between reverse curves, minimum 100' 50' 50' -- 6. Stopping site distance--minimum 300' 200' 200' 100' 7. Angle at intersection centerline, minimum 750 750 750 750 8. Curb radius at intersections, minimum 25' 25' 15' 15' 9. Length of cul-de-sac, maximum -- -- 500(2) 2500' 10. Outside radius on cul-de-sac right-of-way, minimum -- -- 50' 50' 1" Grade, maximum 7% 10% 10% 12%(3) I 12. Grade, minimum 0.3% 0.3% 0.3% 0.3% 13. Grade within 150' of intersecting centerlines 3% 3% 3% 3% Notes: (1) Mountainous terrain is defined as terrain which has a cross slope exceeding 15%. (2) Temporary cul-de-sacs which wi II be extended in the future may exceed this length. (3) Grades of over 10% shall not exceed 100' in length. ORDINANCE NO. 1152 - -~.- 40.6 L. Street Design Standards for Arterial Streets. Primary and community arterial streets shall have a minimum ninety (90) feet wide right-of-way and meet such other design standards as may be required by the Governing Body. 16.12.050 Easements. I A. Required Easements. Where determined to be necessary, the Governing Body shall require that such easements be provided as for utilities, drainage, vehicular or pedestrian access, and planting screens. B. Utility Easements. Utility easements shall meet the following standards: " Utility easement shall be centered along side and rear lot lines wherever possible, and, if placed in the street, be located between the roadway and the right-of-way line. 2. Utility easements shall be twenty (20) feet wide; except the Governing Body may require easements for sanitary sewer, storm sewer, and water lines to be thirty (30) feet wide. 3. Where a utility is to be located in an existing, dedicated right-of-way, an encroachment permit must be obtained from the local or state street department having jurisdiction. C. D ra i nage Easements. Where a subdivision is traversed by a watercourse, drainage-way, channel, ditch, or stream, easements or rights-of-way, paralleling the lines of such watercourse may be required at a sufficient width to allow for maintenance. (Minimum width of ten (10) feet on each side of an irrigation ditch shall be required.) 16.12.060 Park Requirements. I A. Ded ications. A plat of a residential subdivision shall show that one-ninth (1/9) of the combined area of lots five (5) acres or less in size and one-twelfth (1/12) of the combined area of lots greater than five (5) acres in size, exclusive of all other dedications, is forever dedicated to the publ ic for parks or playgrounds. No dedication shall be required for the combined area of those lots in the subdivision which are larger than ten (10) acres exclusive of all other dedications. B. Residential Subdivisions. All subdivisions shall be considered to be residential sub- divisions and park requirements shall be satisfied unless there are adopted zoning restrictions which prohibit residential development or it can be shown that the sub- divider has immediate plans for nonresidential development. The Governing Body shall request the payment or return the fees paid as cash-in-lieu for park where the use of the subdivided land changes from its intended use after the final plat has been approved. C. Locations. The Governing Body, in consultation with the Planning Board, may determine suitable locations for such parks and playgrounds. D. Where in the opinion of the Governing Body the dedication of land for parks and play- I grounds is undesirable because of size, topography, shape, location, or other circum- stances, the Governing Body may for good cause shown, accept a cash donation lieu of the dedication and equal to the fair market value of the amount of land that would have been dedicated. ORDINANCE NO. 1152 .- ~ '.407 " For the purpose of these regulations, the fair market value is the value of the unsubdivided, unimproved land. Such cash donations shall be paid into the county or city park fund to be used for the purchase of additional lands or for the initial development of parks and playgrounds. 2. Where cash has been accepted in I ieu of land dedication, the amount of cash donation shall be stated on the final plat. I 3. Where cash will be accepted in lieu of land dedication, the Governing Body shall record in the minutes of the meeting upon the proposed subdivision why the dedi- cation of land for parks and playgrounds was undesirable. 4. The fair market value shall be determined as of the submission date of the pre- liminary policy. 5. The fair market value should be established by an appraisal done by a qualified real estate appraiser. 6. Park fund monies shall be expended according to a park policy or plan. E. Planned Unit Development. I f the proposed plat provides for a planned unit development in compliance with Chapter 16.14 with land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside therein, the Governing Body may issue an order waiving land dedication and cash donation requirements. C H A PT E R 1 6 . 1 4 PLANNED UNIT DEVELOPMENT 16.14.010 Intent. I The intent of this chapter is to promote maximum flexibility and innovation in development design and land utilization through the relaxation of certain of the design standards in Chapter 16.12; to encourage a means for the economical and efficient supply of street improvements and public utilities required in residential development; to conserve natural features and to facilitate the provision of more desirable, aesthetic and efficient use of open space. 16.14.020 Definitions for Chapter 16.14 For the purpose of this Chapter, the following definitions apply: A. "Planned Unit Development" means a land development project consisting of residential, commercial, industrial and office uses or any combination thereof, which comprise a planned mixture of land uses built in a prearranged relationship to each other and which provides for the development of usable and desirable open space, central sewer and water facilities, and community facilities while providing for the preservation of significant historical and natural features of the land. B. "Common Open Space" means parcel or parcels of land, or an area of water, or a combina- I tion of land and water within a planned unit development designated and intended for the use or enjoyment of residents of the development. Common open spaces may contain complementary structures and improvements as are necessary and appropriate for the bene- fit and enjoyment of occupants of the development. C. "Homes" or "Lot Association" mean an incorporated, nonprofit organization operating under recorded land agreements through which (a) each lot or unit owner in the planned ORDINANCE NO. 1152 4008 . . unit development is automatically a member and (b) each lot or unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and (c) common open space and facilities are maintained. 16.14.030 Procedure. I The subdivision procedure as outlined in Chapter 16.08 shall be followed with the addi- tion of: A. Preappl ication Conference. Before submission of the PUD appl ication, the developer should request a conference with the Planning Department. This conference provides the applicant(s) with an opportunity to gather information and obtain guidance as to the general conformity of the project with the area map in which the development is to take place and to the various requirements of this section and other pertinent regulations. During this conference particular attention shall be given to the criteria I isted below. Adequate charges, maps, elevations, site plans shall be provided for this purpose. 1. Present uses and character of the area and how the proposal may affect them. 2. The road and street systems. 3. Publ ic and private open space and pa rks. 4. Public utilities and services. 5. The residential housing mix, proposed market and general overall appearance of the deve I opmen t. B. Preapplication Plan Procedure. Prior to the submission of a preliminary plat of the PUD, the developer shall submit three (3) copies of the preapplication plans and data for I review and designation as PUD by the Planning Director. 1. Planning Staff Review. The Planning Staff shall review the preapplication plan as to whether the plan meets the objectives of these regulations. Within ten (10) days or preapplication plan submission, the Planning Director shall write a letter to the developer informing him that the plan has or has not been designated as a PUD. If so designated, the preliminary plan may be submitted as PUD for public hearing according to the procedure of Section 16.08.040, Preliminary Plat Procedure. Desig- nation as PUD does not constitute approval of the specific details or modifications proposed by the plan. 2. Option for Review. I f the developer so wishes, he may request in writing that the preappl ication plan be reviewed by the Planning Board at its regular meeting. The letter of request and ten (10) copies of the preappl ication plan must be submitted to the Planning Director no later than fifteen (15) days prior to the Planning Board meeting at which it is to be considered. Within the ten (10) days after the Planning Board hearing, the Planning Director shall write a letter to the developer informing him that his project has or has not been designated as a PUD by the Planning Board. C. Summary Review Procedure for Planned Unit Developments. After the Planning Director has reviewed the proposed development plan and designated the project as a PUD, he may waive all or any part of the requirements for: 1 . Public hearing. I 2. Planning Board review and approval, when it is determined that the following conditions will be met: The proposed development will consist of three (3) or fewer structures, or a. twelve (12) or fewer residential units. b. No density bonuses are requested. c. The use proposed is allowed in the zoning district where the PUD is to be located. ORDINANCE NO. 1152 . 409 . - d. The proposed development fulfills the intent and definition as a PUD as outlined in Sections 16.14.010 and 16.14.020. e. All design and site plan requirements required in Section 16.14.050 of these regulations will be satisfied. f. The development is estimated not to have a significant adverse environmental or community impact. I The Planning Director will advise the applicant of his action by letter within ten (10) days of the date of submission of a request for summary review of the Minor PUD. D. Preapplication Plan Procedure for Summary Review. The applicant shall submit a pre- application development plan to the Planning Office for approval in principle. This approval shall be limited in the general compliance of the land uses and densities proposed and their interrelationships, and shall not be interpreted to indicate final plan approval. The preapplication plan may be a free-hand sketch, legibly drawn, showing approxi- mate boundaries, dimensions, areas and distances describing the basic intent and concept of the development. The Planning Director shall review the preapplication plan and advise the applicant as to whether or not the development plan satisfies the criteria for the PUD designation. E. Final Plan Procedure for Summary Review. Upon completion of the preapplication plan review, the applicant shall submit three (3) copies of the final development plan and I supplementary information to the Planning Office. F. Review by Planning Office. The Planning Director shall review the final development plans to assure that all conditions and requirements for final approval have been met and will satisfy in a printed certificate on the plans. 16. 1 4.040 Plats and Data. The plats and data required in Chapter 16.10, shall be submitted, with the addition of: A. Preapplication Plan. " A written request that the plan of the proposed subdivision is to be reviewed as PUD. 2. A layout plan showing the proposed location and use of lots and structures and the location and number of parking spaces, if appropriate. 3. A description of open space, recreational facilities, roads, other facilities proposed to be under common ownership. 4. A description of measures to be taken to improve, develop and assure permanence and maintenance of open space and other facilities to be under common ownership to include landscaping, lighting, signing, etc. I 5. A description of measure to be taken to develop central sewer and water facilities and also a description of development and maintenance of paved streets. 6. A description of all proposed modifications from the Design standards, Chapter 16.12. 7. Any additional reasonable information. B. Preliminary Plat. " If common property is to be deeded to a home or lot owner's association, the developer shall submit a draft of all covenants and legal documents which will govern the association. (See Chapter 16.42 for format.) ORDINANCE NO. 1152 41D 2. In addition, that information which is required in Section 18.04.430 of the Bozeman Area Zoning Code. 16.14.050 Design and Standards. The plan shall conform to the Special intent and definitions of these regulations, the Bozeman Area Zoning Code Section 18.04.430 and one or more of the following: I " Preserve to the maximum extent possible, the natural characteristics of the land; including topography, vegetations, streams and other bodies of water. 2. Preserve productive agricultural land. 3. Protect important historic sites or structures of area of important wildlife habitat. 4. Provide economies in the provision of roads and public improvements. A. Site Size. No minimum site size shall be required provided that the development satisfies the intent and special definitions of this section and where the development meets all other criteria of this section and all other pertinent ordinances, regulations and laws. B. Open Space. Each PUD shall provide an area for dedicated park and/ or open space appro- priate in size to the proposed development and design; however, such area shall not be less than thirty percent (30%) of the area of the PUD, exclusive of all dedications. Fifty percent (50%) of the required open space shall be of common ownership. Land occu- pied by buildings, streets, driveways or parking spaces may not be counted in satisfying this open space requirement; provided, however, that land occupied by recreational build- ings and structures may be counted as required open space. C. Landscaping. Landscaping shall be required for all areas of the development which are to be in common ownership and in particular to provide buffer screening between conflict- I ing land uses. D. Parking Areas. Adequate parking area shall be required for the proposed uses of the development as determined appropriate by the Governing Body and as outlined in the Bozeman Area Zoning Code. E. Private Streets. Private streets may be allowed by the Governing Body where: " Collector streets designated to furnish access to adjacent areas are dedicated. 2. Adequate responsibility for the improvement and maintenance of private streets is assumed by the home or lot owners association as provided herein. 3. Private streets are improved to City of Bozeman and/or Gallatin County specifications. F. Other Regulations. Where there are other ordinances or regulations and specifically the Bozeman Area Zoning Code, which requires compliance to PUD or other minimum standards, this section does not authorize the Governing Body to waive or modify such ordinances or regulations. C H A PT E R 16. 1 6 I SUBDIVISIONS CREATED BY RENT OR LEASE AND CONDOMINIUMS General. 16.16.010 Subdivisions created by rent or lease (i.e., Mobile Home Parks) and condominiums are exempt from the survey requi rements of these regulations, but must be submitted for review and be approved before possession of any portion thereof may be conveyed in any manner. ORDINANCE NO. 1152 . 411 16.16.020 Procedure. The procedures as outlined in Chapter 16.08 shall be followed, except as follows: A. Final Approval Procedure. After the preliminary plat has been given approval or con- ditional approval and the subdivider has satisfied the requirements for the installation of I improvement, the following procedure shall be followed: " The subdivider shall submit an original and three (3) copies of the plat, with required revisions, together with all signed certificates and documents as required in Section 16.16.030. 2. The Planning Director shall review the plat to ascertain that all conditions of preliminary plat approval have been met and so certify in a printed certificate on the plat. 3. The Governing Body shall examine the plat within fifteen (15) days of the date of submission and shall approve it if it conforms to the conditions set forth on the preliminary plat and the terms of these regulations. I f approved, the Governing Body shall so certify in printed certificate on the plat and provide the subdivider with one (1) signed copy thereof. The original and one (1) copy of the approved plat shall be retained and filed in the office of the Planning Director. If dis- approved, the Governing Body shall write the subdivider a letter stating the rea- sons therefor. 16.16.030 Plats and Data. Plans, plats and supplemental information required in Chapter 16.10 shall be submitted with the following exemptions and additions. A. Boundary Lines. All plans and plats may show approximate boundary lot, right-of-way or other lines including the plat submitted for final approval. B. Documents and Certificates. Only the following documents and certificates shall be I submitted with or shown on the preliminary plat (draft or copy) and the plat submitted for final approval (final form and signed). " Covenants. restrictions, or lease and rental agreements. 2. Encroachment permits or a letter indicating intent to issue a permit where new streets, easements, and other subdivision improvements intersect or are located with City, County, or State highways or roads. 3. Certificate of Installation of I mprovements by Registered Engineer. 4. Certificate of Planning Director. 5. Certiticate of the Governing Body. 6. A letter of approval from the Governing Body where a zoning change is necessary (with plat for final approval only). 7. Certificate of Approval by the State Department of Health and Environmental Sciences (with plat for final approval only). 16.16.040 Standards--Mobi Ie Home and Recreational Vehicle Parks. The Design Standards, Chapter 16.12, shall be complied with except where otherwise noted below: A. Lot Layout. Required plans and plats shall include a layout of a typical lot showing the I location and dimensions of the lot, stand, driveway and parking spaces in compliance with the following standards: Recreational Mobile Home Vehicle " Minimum Lot Area 5,000 sq. ft. 1,500 sq. ft. 2. Minimum Lot Width 50 ft. --- ORDI NANCE NO. 1152 412 3. Minimum Stand Size 12' x 50' single wide --- 24' x 50' double wide --- 4. Setback of Stands from: --property line 20 ft. 25 ft. --interior streets 15 ft. --- I --public streets 25 ft. --- 5. Distance Between Stands from: --side to side 25 ft. --- --rear to rear 15 ft. --- 6. Parking Spaces --for each lot 2 spaces --- --for every 4 lots (guests) 1 space --- --space 9' x 20' --- B. Street Design. Private streets which are improved in accordance with Chapter 16.26, Improvements, shall be provided. The subdivider shall not be required to reserve right-of-way in excess of the roadway width. The roadway width, as measured from face of curb to face of curb shall be: " Collector streets with guest parking--36 ft. wide 2. Collector streets with no parking --22 ft. wide 3. Minor streets with guest parking --34 ft. wide 4. Minor streets with no parking --20 ft. wide I C. Access. Mobile home and recreational vehicle parks shall have direct access to a collector or arterial street. Minimum access width to each mobile home stand shall be twelve (12) feet. D. Arrangement. Mobile home lots shall be arranged to permit the practical placement and removal of mobi Ie homes. E. Limits Marked. The limits of each mobile home lot shall be marked on the ground with a suitable means prior to submittal of the plat for final approval. F. Tie-Downs. Mobile homes stands shall be equipped with anchors or tie-downs in conformance with the regulations and minimum standards adopted by the Montana Department of Adminis- tration, division of Architecture and Engineering, pursuant to Sections 50-60-401 through 50-60-404, M.C.A. 1983. G. Landscaping. Landscaping may be required to provide a buffer between mobile home and recreational parks and adjacent properties. H. Recreation Areas. At least one-ninth (1/9) of the area of the mobile home or recreational park shall be reserved as park or recreation area. These areas shall be located to con- I veniently serve residents of the entire development. Recreation areas may include space for community recreation building and facilities. 16.16.0~0 Standa rds--Condomi n i ums. The Design Standards, Chapter 16.12, shall be complied with, except where noted: ORDINANCE NO. 1152 .- 413 A. Exemptions. Subdivision review and approval requirements shall not apply where: " Condominium buildings or installation of related public improvements are being constructed in an approved and filed subdivision, the approval of which was based on the anticipated construction of the condominiums and related improvements. 2. An adopted zoning ordinance permit multiple fami Iy use of the density proposed in the plan for development. I B. Unit Ownership Act. Condominium development shall comply with all provisions of the Unit Ownership Act, Sections 70-23-101 through 70-23-703, M.C.A. 1983. 16.16.060 Other Requirements. The subdivider shall comply with all other standards and requirements of these subdivision regulations and other local and state regulations. C H A PT E R 1 6 . 18 ENVI RONMENT AL ASSESSMENT 16.18.010 General. It shall be the responsibility of the subdivider to submit the information required by this section with the preliminary plat. Where the information requested for this assessment is found in the Bozeman Area Plan, or when the subdivision will contain fewer than ten (10) parcels and I fewer than twenty (20) acres, the Planning Board may exempt the subdivider from the completion of all or any portion of the environmental assessment. When such an exemption is granted, the Planning Board shall prepare and certify a written statement of the reasons for g ranting the exemption. A copy of this statement shall be forwarded to the Governing Body with the preliminary plat. 16.18.020 Surface Water. A. Mapping. Locate on a plat overlay or sketch map all surface waters and the delineated floodways (see Chapter 16.24) which may affect or be affected by the proposed subdivision, including: " Natural water systems such as streams, lakes, rivers, or marshes. 2. Artificial water systems such as canals, ditches, aqueduct, reservoirs, irrigation or drainage systems. B. Description. Describe all surface waters which may affect or be affected by the proposed subdivision including name, approximate size, present uses, and time of year when water is present. I C. Water Body Alterations. Describe any existing or proposed streambank or shorel ine alter- ations or any proposed construction or modification of lake beds or stream channels. Provide information on location, extent, type and purpose of alteration. ORDINANCE NO. 1152 -_._~~~_.~-_._~----- --~--~ --~------------------ - ----"--~_.._~- 114 . t . . 16.18.030 Groundwater. A. Depth. Establish the depth to the water table and the dates on which these depths were determined; the location and depth of all known aquifers which may be affected by the proposed subdivision. B. Steps to A void Deg radation. Describe any steps necessary to avoid the degradation of I groundwater and groundwater recharge areas. 16. 1 8 .040 Geology--soi Is--Slopes. A. Geologic Hazards. Identify geologic hazards affecting the proposed subdivision which could result in property damage or personal injury due to rock falls or slides; slides-- land, mud, snow; surface subsidence (i.e., settling or sinking); and seismic activity. B. Protective Measures. Explain what measures wi II be taken to prevent or materially lessen the danger of future property damage or personal injury due to any of the hazards referred to above. C. Unusual Features. Provide a statement describing any unusual soil, topographic or geolo- gic conditions on the property which limit the capability for building or excavation using ordinary and reasonable construction techniques. The statement should address conditions such as shallow bedrock, highwater table, unstable or expansive soil conditions, slope, and fault lines. D. Soils Map. Provide a map of the soil types within the proposed subdivision on a large scale map or plat overlay. On the map identify any areas with highly erodable soils or I slopes in excess of 15 percent grade and suitability of each soil type: 1. The physical properties for each soil type; 2. The limitation rating (slight, moderate, severe); and 3. Any special design methods planned to overcome the above limitations. E. Cuts and Fills. Describe the location and amount of any cut or fill three (3) or more feet in depth. These cuts or fills should be indicated on a plat overlay or sketch map. 1. Where cuts or fills are necessary, describe any plans to prevent erosion and to promote revegetation such as replacement of topsoil and grading. 16.18.050 Vegetation. A. Vegetation Map. On a plat overlay or sketch map: 1. Indicate the distribution of the major vegetation types such as marsh, grassland, shrub, coniferous forest, deciduous forest, mixed forest. 2. Identify critical plant communities such as stream bank or shoreline vegetation; vegetation on steep, unstable slopes; vegetation on soils highly susceptible to wind or water erosion. B. Protective Measures. Describe measures to: I 1. Preserve trees and critical plant communities (e.g., design and location of roads, lots and open spaces). 16. 1 8 . 060 Wildlife A. Species. Describe species of fish and wildlife which use the area affected by the pro- posed subdivision. ORDINANCE NO. 1152 ". 415 B. Critical Areas. Identify on a plat overlay or sketch map of the proposed subdivision any known critical or IIkeyll wildlife areas, such as big game winter range, waterfowl meeting areas, habitat for rare or endangered species, wetlands. C. Protective Measures. Describe any proposed measures to protect or enhance wildlife I habitat or to minimize degradation (e.g., keeping building and roads back from shore lines; setting aside marshland as undeveloped open space). 16.18.070 Historical Features A. A ffected Areas. Describe and locate on a plat overlay or sketch map any known or possi- ble historic, palentological, archaelogical or cultural sites, structures or object which may be affected by the proposed subdivision. B. Protective Measures. Describe any plans to protect such sites or properties. 16.18.080 Visual Impact. A. Measures. Describe any efforts to visually blend development activities with the existing environment (e.g., provisions for appropriate building materials, colors, road design, and underground utilities and revegetation of earthworks). . I CHAPTER 16.20 COMMUNITY IMPACT 16.20.010 General. It shall be the responsibility of the subdivider to submit all of the information required by this section with the preliminary plat. Where the information requested for this report is found in the Bozeman Area Plan, or when the subdivision will contain fewer than ten (10) parcels and less than twenty (20) acres, the Planning Board may exempt he subdivider from the completion of all or any portion of the community impact report. When such an exemption is granted, the Planning Board shall prepare and certify a written statement of the reasons for granting the exemption. A copy of this statement shall be forwarded to the Governing Body with the preliminary plat. 16.20.020 Water. A. Description of Use. Describe how water will be provided for household use of fire protection. B. Capacity. Indicate the number of gallons per day of water the proposed subdivision will I require and whether the water supply is sufficient to meet the needs of the anticipated, final population of the subdivision. C. State Standards. I ndicate whether the plans for water supply meet the standards of the State Department of Health and Environmental Sciences for quality, quantity and construc- tion criteria. ORDINANCE NO. 1152 -~ --~--~- ~--~-~.- --- 416 D. Existing Central System. If the developer proposes to connect to an existing water system: " I dentify and describe that system. 2. Provide evidence that permission to connect to that system has been obtained. 3. State the approximate distance to that system. I 4. State the cost of extending or improving the existing water system to service the proposed development. E. New Central System. If a separate central water supply system is to be installed, discuss: " Who is to install that system and when it will be completed. 2. Who will administer and maintain the system at the beginning of subdivision develop- ment and when subdivision is completed. F. Individual System. If individual water systems are to be provided, describe the adequacy of supply of the groundwater for individual wells and how this was determined. 16.20.030 Sewage Disposal. A. Method. Describe the proposed method of sewage disposal. B. Capacity. Indicate the number of gallons of effluent per day which will be generated by the proposed subdivision at its full occupancy, whether the proposed method of sewage disposal is sufficient to meet the anticipated final needs of the subdivision and whether it meets the standards of the Department of Health and Environmental Sciences. C. Existing System. If the development will be connected to an existing centralized sewer I system, include: " A description of that system. 2. Evidence that permission to connect to that system has been obtained. D. New System. If a new centralized sewage disposal system is to be installed, discuss: " When the system will be completed, and how it will be financed. 2. Who is to administer and maintain the proposed system at the beginning of the sub- division development and when development is completed. 16.20.040 Solid Waste Disposal. A. Collector System. Describe the proposed system of solid waste collection and disposal for the subdivision including: " Evidence that existing systems for collection and facilities for disposal are available and can handle the anticipated additional volume. 2. A description of the proposed alternative where no existing system is available. 3. Plan to prevent the pollution of surface or groundwater supplies is solid waste disposal is to be on-site. 4. Whether the proposed method of solid waste disposal meets the standards of the Department of Health and Environmental Sciences. I 16.20.050 Roads A. Description. Describe any proposed new public or private access roads or substantial improvements of existing public or private access roads. ORDINANCE NO. 1152 . - - ~ --_.--~-~.~- . 417 B. Access to Arterials. Discuss whether any of the individual lots or tracts have access directly to arterial streets or roads; and if so, the reason access was not provided by means of a road within the subdivision. C. Modification of Existing Roads. Explain any proposed closure or modification of existing I roads. D. Dust. Describe provisions considered for dust control on roads. E. Pollution and Erosion. Explain how street and road maintenance wi II be provided to meet the Department of Health and Environmental Sciences guidelines for prevention of water pollution and erosion. F. I nstallation and Maintenance. Indicate who will pay the cost of installing and maintaining dedicated and private roadways. G. Traffic Generation. Discuss how much daily traffic will be generated on existing local and neighborhood streets and main arterials, when the subdivision is fully developed. H. Capacity. Indicate the capacity of existing and proposed streets and roads to safely handle any increased traffic. I. Year Round Access. Explain whether year-round access by conventional automobile will be avai lab Ie over legal rights-of-way to the subdivision and to all lots and common facilities within the subdivision. J. Private Access. Indicate ownership of any private access to the subdivision. I 16.20.060 Utilities. A. Affected Utilities. Indicate whether the subdivision preliminary plat has been submitted to affected utilities for review. B. Include a description of: " The method of furnishing electric, natural gas or telephone service, where provided. 2. The extent to which these utilities will be placed underground. 3. Estimated completion of each utility installation. 16.20.070 Emergency Services. Available Services. Describe emergency services avai lable to the residents of the pro- posed subdivision. 16.20.080 Schools. A. Available Facilities. Describe the available educational facilitIes which would service this subdivision. B. School Children. Estimate the number of school children that will be added by the proposed I subdivision and a statement from the administrator of the appropriate school system indica- ting whether the increased enrollment can be accommodated by the present personnel and facilities and by the existing school bus system. 16.20.090 Land Use. A. Planning. Describe comprehensive planning or land use regulations covering the proposed ORDINANCE NO. 1152 --~- - - 418 ^ subdivision or adjacent land, and if located near an incorporated city or town, whether annexation is proposed. B. Publ ic Lands. Describe how the subdivision will affect access to any public lands. W he re public lands are adjacent to or near the proposed development, describe present and antici- pated uses for those lands; e.g., grazing, logging, recreation, etc. I C. Adjacent Land Use. Describe the subdivision's effect on adjacent land use. D. Hazards. Describe any health or safety hazards on or near the subdivision, such as mining activity or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines. E. Nuisance. Describe anyon-site or off-site land uses creating a nuisance, such as un- pleasant odors, unusual noises, dust or smoke. 16.20.100 Housing. A. Number and Type. Describe the total number of dwellings by type (single family, multi- family, mobile homes) anticipated for the subdivision, including whether the subdivision is planned as a second home or recreational subdivision. B. Completion Dates. Estimated dates by which the subdivision is anticipated to be one-half and completely developed with residential properties. 16.20.110 Parks. Description. Describe park and recreation facilities to be provided within the proposed I subdivision and other recreational facilities which wi II serve the subdivision. 16.20.120 Taxation. A. Acreage. Include a list of the number of acres in each land assessment classification prior to subdivision. B. Existing Types. Describe any existing tax and existing or proposed special assessments which wi II affect the subdivision. 16.20.130 Fences. Agricultural Lands. Describe any existing fence lines around the subdivision boundary which protect agricultural lands under an ownership other than that of the subdivider, and describe any measures which will be taken to ensure that the owners of the subdivision will share with the owner of the agricultural lands in the continued maintenance of the fence. CHAPTER 16.22 I RESERVED ORDINANCE NO. 1152 ------- ---~ -~--~---~~~-~--------"--~~ ,-.. 419 CHAPTER 16.24 FLOOD HAZARD EVALUATION 16.24.010 General. To assist the Governing Body in its evaluation of land suitability for subdivision, the I following requi rements shall be met. 16.24.020 Procedure. A. I f any portion of a proposed subdivision is within 2,000 horizontal feet and less than 20 vertical feet of a I ive stream draining in an area of 25 square miles or more, and no official floodway delineation or floodway studies of the stream have been made, the sub- divider shall submit survey data to the Water Resources Division, Department of Natural Resou rces and Conservation, to del ineate the 100 year floodway frequency. B. Submission of Report. After the report delineating the flood way has been received from the Water Resources Division, Department of Natural Resources and Conservation, it shall be submitted to the Planning Director with the Environmental Assessment required for the preliminary plat. 16.24.030 Survey Data. The survey data to be submitted to the Water Resources Division, Department of Natural Resources and Conservation, shall include: I A. Contou rs. A copy of the plat showing contour intervals. B. Benchmark. The location and elevation of a temporary benchmark establ ished within the subdivision and referenced to mean sea level with appropriate elevation of adjustments. C. Cross Sections. A minimum of four (4) surveyed valley cross sections of the stream according to the following requirements: 1. Cross sections shall include the stream channel and flood plain on both banks. 2. One cross section shall be taken at a point on the stream from which it could be extended through the subdivision. 3. Three (3) cross sections shall be taken downstream from the subdivision, each approximately 1,000 feet apart, but in no case may the vertical drop between cross sections exceed five (5) feet. The cross section farthest downstream should be located at a natural construction or bridge crossing. Cross sections shall be taken at any bridge location between the subdivision and lowest cross section. 4. Distances between cross sections are to be determined by stadia, and these distances and locations of cross sections shall be shown on the location map. 5. The overbank cross sections are to be extended to obtain a vertical rise of fifteen (15) feet above the water surface. D. Foot Mark. If aU. S. Geological Survey gauging station is within the reach of the stream under study, the location of any convenient foot mark surveyed and clearly indicated on I the location map. E. Bridges. Descriptions and sketches of all bridges within the reach, showing unobstructed waterway openings and elevations. F. Water Surfaces. Elevations of the water surface determined by survey as part of each valley cross section. G. Profiles. A profile sheet prepared on cross section paper of ten (10) divisions to the ORDINANCE NO. 1152 420 .' inch, showing the observed water surface profi Ie, location of cross section, subdivision boundaries, riverbank profile, and thalweg (lowest point of the channel bottom along the reach of stream). H. Location. A location map, such as aU. S. Geological Survey 7 1/2 minute quad or similar map, showing the proposed subdivision, the locations of the valley cross section I and I any gauging station. 16.24.040 Cross Section Scale. Cross sections shall be plotted on cross sections paper of ten (10) divisions to the inch using any convenient, identitied scale for vertical and horizontal distance. 16.24.050 Waiver of Requirement. The Governing Body shall waive this requirement where the subdivider contacts the Water Resources Division, Department of Natural Resources and Conservation, and that agency states in writing that the available data indicate that the proposed subdivision is not in the flood hazard district. CHAPTER 16.26 IMPROVEMENTS I 16.26.010 General. It shall be the responsibility of the subdivider to comply with the following procedure and standards for the installation of subdivision improvements. 16.26.020 Improvement Procedure. After the Preliminary Plat has received approval or conditional approval and before the Final Plat is submitted, the subdivider shall either install the required improvements or enter into an agreement with the Governing Body guaranteeing the installation and performance of the improvements. (See Section 16.42.030) " A public hearing, where necessary, will be scheduled for the proposed creation of either a Special or Rural I mprovement District in conjunction with a proposed sub- division and its related design criteria. The City and/or County Engineer(s) shall forward a copy of SID or RID specifica- tions to the local State Office of Fish, Wildlife and Parks Department as well as to the local Soil Conservation District office as may be necessary to: --provide for agency review and comment --ensure incorporation of approved sediment and erosion control plan in final SID or RID construction documents I --specify SID or RID construction documents to contain requirement that prior to any construction, all necessary permits must be secured from Fish, Wildlife and Parks Department and Soil Conservation District office as may be necessary. A 310 permit, where necessary, must be approved and issued by the Gallatin County Conservation District before an SIDor RID can be approved. ORDINANCE NO. 1152 .. 421 A. Submission of Plans and Specifications. Prior to the installation of improvements of the entering into of an agreement where collateral is to be provided for the completion of improvements, the engineering plans and specifications for all improvement required by this Section shall be submitted to the Planning Director and to the State Department of I Health and Environmental Sciences, if appropriate. B. Review. Plans and specifications shall be locally reviewed by the: " Planning Director, to ascertain that there have been no significant deviations from the Preliminary Plat, as approved. 2. County or City Engineer, to ascertain that the engineering of the plans and speci- fications meets the requirements of this ordinance and other adopted rules and regulations. 3. County Board of Health Officer, to review sanitary facilities which will not be connected to a public system. C. Comments and Recommendations. Written comments and recommendations from the local reviewing agencies shall be forwarded to the Governing Body within fifteen (15) days of submission. D. Approval. After comments and recommendations have been received from local agencies and a certificate of approval of sanitary facilities has been received from the State Department of Health and Environmental Sciences, the Governing Body shall either give approval in a printed or stamped certificate on the plans and specifications or shall inform the subdivider in writing as to what additional requirements must be met to receive approval. I E. Completion of Improvements. Improvements shall be installed in accordance with approved plans, specifications, and any requirements of the improvements agreement and be certi- fied to by a registered, professional civil engineer. " The improvements agreement may allow for the state installation of improvements in defined areas and in accordance with an approved time schedule. The Governing Body may require the subdivider, where the land is to be developed in stages, to enter an agreement running with the land to waive protest of the creation of an improvement district at such time as when the construction of structures in future stages is begun. 2. On-site inspection and monitoring prior to, during, and after construction for compliance with approved sediment and erosion control plan shall be conducted at the discretion of appropriate reviewing agencies (i.e., City or County Engineer(s); Fish, Wildlife and Parks Department; Soil Conservation Service, etc.). F. I ndividua I Sewage Faci Iities. Where each lot in a subdivision is being served by an individual sanitary system it shall not be necessary to install the system before final plat approval is given. Rather, appropriate permits must be obtained from the County Health Department prior to such time as when the system is to be installed. 16.26.030 Plans and Specifications. Engineering and survey plans, specifications and reports required in connection with I public improvements and other elements of the subdivision required by the Governing Body shall be prepared by a registered engineer or a registered land surveyor as their respective licensing laws allow. 16.26.040 Design Standards. A. Streets. All street improvements shall be designed by and constructed under the super- ORDINANCENO. 1152 ----- - --- 42:2 ; vision of a registered, professional civil engineer and shall meet or exceed the standards shown for the type of street and subdivision in Section 16.26.050. " Construction materials specified in Section 16.26.050 may be substituted with other appropriate materials with the approval of the Governing Body, upon the recommenda- tion of the City or County Engineer. 2. Streets within mobile home and recreational vehicle parks shall meet or exceed the standards in 16.26. 050A with the exception of the roadway width requirement. I B. Sanitary Facilities. Water supply, sewage disposal, and solid waste disposal systems shall meet the minimum standards of the Montana Department of Health and Envi ronmental Sciences Division of Environmental Sanitation as required by Sections 76-4-101 through 76-4-128, M.C.A. 1983, and regulations adopted pursuant thereto, and are subject to the approval of the Governing Body(ies). However, whenever central public or private water distribution and/or sanitary sewer collection systems wi II be utilized in proposed subdivisions within the City of Bozeman's three (3) mile extraterritorial zoning jurisdiction, such improvements shall be constructed and installed in compliance with the City of Bozeman design standards and criteria for these items. Prior to the approval of any final subdivision plat, all proposed central public or private sanitary sewer collection and/or water distribution facility preliminary engineer- ing plans shall be reviewed and approved by both the City of Bozeman's Engineer and the Water Superintendent by signature to the respective Certlticates attached to the final subdivision plat as outlined below: Copies of these plans shall be retained by both the City Engineer and the City Water I Superintendent for their files. Certificate of City Engineer I , , City Engineering Officer for the City of Bozeman, hereby certify that I have reviewed the construction plans for central sanitary sewer collection and/or water distribution for the Subdivision and find that they are in compliance with appropriate City of Bozeman design specifications. City Engineering Officer, City of Bozeman DATED this day of , 19 . - Certificate of City Water Superintendent I , , Water Superintendent for the City of Bozeman, hereby certify that I have reviewed the construction plans for central water distribution and/or sanitary sewer collection for the Subdivision and find that they are in compliance I with appropriate City of Bozeman design specifications. Water Superintendent, City of Bozeman, Montana DA TED this day of , 19 . - ORDI NANCE NO. 1152 - - -~-_.~.. -~ ~----~~ 423 c. Util ities. Underground utilities, if placed in the street right-of way shall be located between the roadway and the right-of-way line to simplify location and repair of lines. Such underground facilities shall be installed after the street has been brought to grade and before it is surfaced to eliminate so far as practicable the necessity of disturbing I the road surface when connecting individual services. Overhead utility lines shall be located at the rear property lines where practical. Utility facilities shall be designed to utility firms to cooperation with the subdivider, subject, however, to all applicable laws and rules and regulations of any appropriate regulatory authority having jurisdiction over such facilities. D. Drainage Facilities. The drainage system and facilities required for any surface run-off affecting the subdivision shall meet the minimum standards of the Montana Department of Health and Environmental Sciences, Division of Environmental Sanitation, as required by Sections 76-4-101 through 76-4-128, M.C.A. 1983, and all regulations adopted pursuant thereto, and are subject to the approval of the Governing Body. 1. Culverts or bridges shall be provided and installed by the subdivider where drainage channels intersect any street rights-of-way. All culverts shall at a minimum extend across the entire improved width of the street. The backfill over the culvert shall be determined by a registered engineer. 2. Each culvert or other drainage facility shall be large enough to accommodate poten- tial run-off from upstream drainage areas. The minimum capacity of a culvert shall be equivalent to a circular diameter of eighteen (18) inches. 3. Drainage systems shall not discharge into any sanitary sewer facility. F. Street Signs. Street signs of the size, shape and height as specitied by the City or I County, whichever is applicable, shall be placed at all intersections. 16.26.050 Surfacing. A. City Subdivisions. A pavement surface shall be required on all subdivision streets within the city as specified by the City Engineer. The city street section will include standard curb and gutter, paving, suitable grading, and an adequate storm sewer system. The pavement thickness design wi II be based on the Asphalt I nstitute Manual Series No.1 (MS-l) 8th Edition, published December 1969. A full depth asphalt design will be used on all new street construction in Bozeman. Suggested minimum designs for new streets are as follows: Desi~n Traffic Number Less Than 10: trictly residential area. 2" asphalt wearing course, one lift. 4" asphalt base, one or two lifts depending upon compaction equipment. 6" crushed gravel base, 2" maximum size uniform gradation. Design Traffic Number 10 to 80: This refers to commercial service, collector, arterial streets. I 3" asphalt wearing course, two lifts. 5" asphalt base, two lifts. 6" crushed gravel, same spec. as the light traffic section. B. Jurisdictional Area Subdivisions. Subdivision streets constructed within the City of Bozeman's three-mile extraterritorial zoning area shall include paved streets that must satisfy City of Bozeman Street construction design standards and criteria whenever central public or private water distribution and/or sanitary sewer collection systems will ORDINANCE NO. 1152 424 also be utilized in subdivisions as defined above and where average lot sizes will be less than one (1) acre. C. Subdivision streets in the jurisdictional area but not within the City's three-mile extraterritorial zoning area shall be subject to the same surfacing requirements for city subdivisions where the lots are serviced by central public or private water distribution I and/or sanitary sewer collection systems and average lot sizes will be less than one (1) acre. Streets in subdivisions without central public of private water distribution and/or sanitary sewer collection systems shall include the two gravel-course sectIon. These streets shall be designed by a registered, professional civil engineer and approved by the County Engineer. Subgrade preparation and initial gravel-course construction shall be properly drained and designed in accordance with accepted standards of load-bearing capacity for the anticipated average traffic load as specified by the Asphalt Institute. Note: Construction material and course thickness may be modified with the approval of the Governing Body, as recommended by the City or County Engineer as soil conditions dictate. Such structural section design shall be based upon adopted city or county standards and pol icies. 16.26.060 Completion Time. Construction of all subdivision street improvements as approved by the City or County Engineer shall be completed prior to construction of any buildings and/or occupancy of any lots. This requirement may be modified by the appropriate reviewing engineer where dictated by circum- I stances and where acceptable improvement security for the ultimate development of the streets is provided. However, under no circumstances shall the required gravel courses be waived. 16.26.070 Maintenance of Roads, Streets and Bridges. I f a subdivision road, street or bridge has been built to county standards (paved street section as shown above) and the appropriate steps have been taken resulting in the Board of County Commissioners accepting such facility into the County Road system, the County will then accept responsibi lity of maintenance and snow removal of that subdivision road, street or bridge. 16.26.080 Acceptance Procedure. A. No road, street or bridge in a subdivision shall become a part of the County Road System unless the Board of County Commissioners are petitioned, as provided by law, by the freeholders to accept such facilitIes as part of the County Road System. B. Upon receiving the petition, the Board of County Commissioners wi II set up a date for a hearing. C. All freeholders signing the petition and living on the road will be notified by registered I mail of the date of the hearing. D. After the hearing, each freeholder will be notified by registered mail as to the course of action taken by the Board of County Commissioners. E. Acceptance of any subdivision road, street or bridge shall be made by resolution and ORDINANCE NO. 1152 . entered into the minutes of the proceedings of the Board of County Commissioners in session on that date. Upon acceptance, said road shall be assigned an appropriate name or number. The County Commissioners shall exercise extreme precaution not to burden the county with various duties, expense, and liability subsequent to this acceptance. I 16.26.090 Previously Recorded Subdivisions. I n previously recorded subdivisions, roads, streets and bridges may become part of the County Road System if accepted by the same procedure as set forth above. CHAPTER 16.28 CERTIFICATES OF SURVEY 16.28.010 General. All divisions of land other than a subdivision into parcels which cannot be described as one thirty-second (1/32) or larger aliquot parts of a United States Government section or a United States Government lot must be surveyed, reviewed, and filed according to the provisions of this section. 16.28.020 Procedure. I The following procedure must be completed before any certificate of survey shall be filed with the County Clerk and Recorder. A. Preparation. All certificates of survey must be surveyed and platted by or under the supervision of a registered land surveyor. B. Submission. The certificate of survey shall be submitted to the County Clerk and Recorder along with an exemption review fee made payable to the City of Bozeman. " Within the City of Bozeman and within three (3) miles of the City of Bozeman: 2 cloth backs 2 linen or mylar transparencies 3 paper prints 2. Further than three (3) miles from the City of Bozeman: 1 cloth back 1 linen or mylar transparency 2 paper prints C. Review by Examining Land Surveyor. The Examining Land Surveyor shall review the certificate of survey to ascertain that the survey and monumentation provision of these regulations have been met and that there are no errors or omissions in calculations or I drafting and so certify in a printed certificate on the plat. " A professional disagreement as the validity of surveyor monumentation information shown on the certificate of survey (such as relating to evidence of the location of survey points and lines) shall not be grounds for the examining land surveyor to not sign the plat if the minimum requirements of these regulations have been met. D. Review by the Planning Director. The Planning Director shall review the exemptions claimed on the Certificate of Survey to evaluate compliance with this section and Chapter ORDINANCE NO. 1152 426 , 16.38, and within ten (10) days shall forward to the Governing Body or certify approval on a printed certificate on the certificate of survey if authorized to do so by the Govern- ing Body. For the purposes of this section, the Governing Body shall be the Gallatin County Commission for land located outside the corporate limits of the City of Bozeman, and it shall be the Bozeman City Commission for land located within the corporate limits I of the City of Bozeman. E. Approval by the Governing Body. The Governing Body shall examine the claimed exemptions on every certificate of survey and within thirty (30) days of the date of submission shall approve it if it meets the requirements of these regulations. The Governing Body may by motion or resolution authorize the Planning Director on its behalf to review and approve certificates of survey which meet the requirements of this Section and Chapter 16.38 for exemption. F. Disapproval. If it is found that the exemption claimed on a certificate of survey does not meet the requirements of these regulations, the Governing Body shall so inform, in writing, the person who submitted it within thirty (30) days of submission. The written statement of disapproval shall detail the specific objections of the reviewing authority. G. Filing. It shall be the responsibility of the property owner to have the certificate of survey filed with the County Clerk and Recorder. A certificate of survey of a division of land which is exempted from subdivision review may not be filed by the County Clerk and Recorder unless it bears the approvals and certification of the Examining Land Surveyor, the property owner, and either the Planning Director for the Governing Body I or the Governing Body. 16.28.030 I nformation and Data. Certificates of survey shall be legibly drawn with a permanent ink or printed or re- produced by a process guaranteeing a permanent record shall show or contain: A. Plat Size. Eighteen (18) inches by twenty-four (24) inches, or twenty-four (24) inches by thirty-six (36) inches overall to include one and one-half (1 1/2) inch margin on the binding side. However, the actual diagram shall in no case exceed twenty-one (21) inches by thirty-three (33) inches. B. More than One (1) Sheet. Whenever more than one (1) sheet must be used to accurately portray the land subdivided, each sheet must show the number of that sheet and the total number of sheets included. All certificates shall be shown or referenced on one sheet. C. Title and Description. The certificate of survey shall show or contain: 1. A title block with the quarter section, section, township, range, principal meridian, and county. A certificate of survey shall not bear the title IIplat, II IIsubdivision, II I or any title other than IICertificate of Survey. II 2. A brief description of why the certificate of survey was prepared, such as the creation of two (2) tracts of land, a retracement of an exi sting bounda ry line, or to relocate a common boundary line between adjoining property owners. 3. Name of the owner( s) of the land surveyed and of the adjoining, platted sub- divisions and numbers of any adjoining certificates of survey previously recorded and ties thereto. ORDINANCE NO. 1152 ". 421 4. A metes and bounds legal description of the land surveyed and areas of any parcels created by the survey. If the certificate of survey is being filed as an amendment or correction to the original survey, the original description may be shown if the new description is also shown with notation as to which one is which. 5. Space for the Clerk and Recorder's filing information. E. Survey Data. The survey data shall include: I 1. All monuments found, set, reset, replaced or removed describing their kind, size, location and giving other data relating thereto. 2. Bearing or witness monument, basis of bearing, bearings and lengths of lines. 3. The bearings, distances and curve data of all perimeter boundary lines indicated outside the boundary line. When the parcel surveyed is bounded by an irregular shoreline or a body of water, the bearing and distances of a closing meander tra- verse shall be given. 4. On curved boundaries and on all curves on the plat, sufficient data shall be given to enable the reestabl ishment of the curves on the ground. These curve data shall include the following: radius of curve, central angle, arc length, notation of non- tangent curves. 5. Lengths of all lines shown to at least tenths of a foot, and all angles and bearings shown to at least the nearest minute. 6. Scale may not be less than one (1) inch equals two hundred (200) feet. 16.28.040 Notations. Shown on the certificate of survey shall be the true north point, scale, areas of any parcels created by the survey, and the date the survey was completed. 16.28.050 Certificate. I The following certificates shall be printed on the certificate of survey in the form shown in Chapter 16.40. A. Certificate of Surveyor preparing the certificate of survey. B. Certificate of Examining Land Surveyor. C. Certificate of Approval of the Governing Body or the Planning Director of the Governing Body. 16.28.060 Oaths. A memorandum of oaths admin istered pu rsuant to SectIon 76-3-405, M. C. A. 1983, shall be shown. 16.28.070 Exemptions. A certificate of survey of a division of land which would otherwise be a subdivision but which is exempted from subdivision review procedures under Chapter 16.38 may not be filed with the County Clerk and Recorder unless it bears the acknowledged certificate of the property owner stating the division of land in question is exempted from review as a subdivision and citing the I applicable exemption pursuant to Chapter 16.38. 16.28.080 Time Limit on Filing. Within one hundred eighty (180) days of the completion of a survey the registered land surveyor responsible for the survey whether he is privately or publ icly employed, shall prepare and file for record a certificate of survey in the county in which the survey was made if the survey: ORDINANCE NO. 1152 - --~ ~ ----~-- -- ~_.__._- ~ -- - ~ ~ - 42.8 A. New Evidence. Provided material evidence not appearing on any map filed with the County Clerk and Recorder or contained in the records of the United States Bureau of Land Management. B. Discrepancies. Reveals a material discrepancy in such map. C. Alternate Locations. Discloses evidence to suggest alternate location of lines or points. I D. New Lines. Establishes one or more lines not shown on a recorded map, the positions of which are not ascertainable from an inspection of such map without trigonometric calculations. CHAPTER 16.30 UNIFORM STANDARDS FOR MONUMENTATION 16.30.010 General. The following standards shall govern monumentation of land surveys. 16.30.020 Control Monuments. All permanent control monument or monuments set to control or mark the boundaries of any division shall be of not less than one-half inch (1/2") in diameter by twenty-four inches (24") in length with a cap of not less than one and one-quarter inches (1 1/4") diameter I marked in a permanent manner with the name and/or registration number of the registered land surveyor. A copy of the above dimensions may be set firmly in concrete. 16.30.030 Proper Identification. Prior to the filing of any subdivision plat or certificate of survey for record the land surveyor shall confirm the location of sufficient monuments to reasonably assure the perpetua- tion or reestablishment of any corner or boundary or retracement of the survey. The surveyor shall clearly identify on, the face of the plat or certificate of survey all monuments used in the survey, and the description shall be sufficient to identify the monuments without reference to another record of survey. 16.30.040 Relationship to Other Monuments. The plat or certificate shall clearly show the relationship of all adjacent monuments of record and the relationship of the monument of record to monuments. 16.30.050 Set Prior to Filing. I All monuments must be set prior to the filing of a plat or certificate of survey except those monuments which will be disturbed by the installation of improvements. Monuments may be set subsequent to filing if the surveyor certifies that they will be set before a specified date. ORDINANCE NO. 1152 _ L._ _ ___ ._~ _.L_~~_ ---'--~~~ . 429 16.30.060 Monument Size and Location. Monuments not less than three-eights inches (3/8") in diameter and eighteen inches (18") in length and marked with the name andlor registration number of the registered land surveyor in charge of the survey shall be set at the following locations: I A. Corners and Angle Points. At each corner and angle point of all lots, blocks, or parcels of land created. B. Boundary Intersections. At every point of intersection of the outer boundary of the subdivision with an existing or created right-of-way line. C. Other Points. At every point of curve, point of tangency, point of reversed curve, or point of compounded curve on each right-of-way line established. 16.30.070 Reference Monuments. When the placement of a required monument at its proper location is impractical, the surveyor may set a reference monument near that point. Such a reference monument has the same status as other monuments of record if its location is properly shown. Where any point requiring monumentation has been previously monumented, the location of the existing monument shall be confirmed by the land surveyor if used, and if so confirmed shall likewise be con- sidered a monument of record when properly shown and described on the certificate plat filed. 16.30.080 Established Monuments. I I f the land surveyor uses any previously established monument, he must confirm the location of the monument. If properly confirmed and shown and described on the filed cer- tificate or plat, such a monument shall be considered a monument of record. CHAPTER 16.32 VARIANCES 16.32.010 Hardship. The Governing Body may grant reasonable variances from the design and improvement standards of these regulations where it is found that strict compliance would result in undue hardship and is not essential to the public health, safety and general welfare. 16.32.020 Procedure. The subdivider shall include with the submission of the preliminary plat a written statement describing the requested variance and the facts of hardship upon which the request I is based. The Planning Board shall then consider each variance at the public hearing on the preliminary plat and include the findings and conclusions in its recommendation to the Governing Body. 16.32.030 Conditions. I n granting variances, the Governing Body may require such conditions as will, in its ORDl NANCE NO. 1152 430 judgment, secure the objectives of these regulations. State of Facts. When any such variance is granted, the motion of approval of the proposed subdivision shall contain a statement describing the variance and the facts and conditions upon which the issuance of the variance is based. I 16.32.040 Planned Unit Development. Where the standards and requirements of these regulations may be modified by the Govern- ing Body in the case of a planned unit development, Chapter 16.14, no application for a variance shall be necessary. CHAPTER 16.34 AMENDMENTS 16.34.010 General. For the purpose of providing for the public health, safety and general welfare, the Govern- ing Bodies may amend the provisions of these regulations. 16.34.020 Hearing. Provided further that such amendments shall not become effective until after a public hear- I ing has been held before the Governing Body, legal notice of which shall have been given in a newspaper of general circulation in the County not less than fifteen (15) nor more than thirty (30) days prior to the date of hearing. CHAPTER 16.36 AMENDED PLATS, VACATIONS 16.36.010 Correction of Errors. Corrections of drafting or surveying errors that in the Governing Body's opinion will not materially alter the plat may be made by the submission of a corrected final plat for the Govern- ing Body's approval. The plat shall be entitled "corrected plat of the (name of subdivision) subdivision" and the reason for the correction shall be stated on the face of the plat. 16.36.020 Material Alterations. I Amendments that materially alter the final plats shall be made by the filing of an amended plat, approved by the Governing Body. Prior to such approval the amended plat shall be reviewed by the Planning Board. The Governing Body may not approve an amendment which will place the plat in nonconformance with the standards contained herein unless a public hearing is held ORDINANCE NO. 1152 - - -~ ---~--~~_._---"---"-'."~_.~~~.~~"--"-----'--~~_.- 431 on the plat and a written variance from the standards issued pursuant to procedures contained herein for such variances. The plat shall be entitled "amended plat of the (~) subdivision," and the reason for the amendment shall be stated on the face of the plat. I 16.36.030 Vacating Recorded Plats. Any plat prepared and recorded as herein required may be vacated, in whole or in part, as provided by Section 7-5-2501, M.C.A. 1983. Easements shall remain to continue operation and maintenance of existing public utility facilities. CHAPTER 16.38 SUBDIVISION EXEMPTIONS 16.38.010 Procedures and General Requirements. A. Any person seeking exemption from the requi rements of these regulations and / or the re- quirements of the Subdivision and Platting Act, Section 76-3-101 et seq., M.C.A. 1983, shall furnish evidence of entitlement to the claim exemption. Each person seeking an exemption shall be entitled to a hearing before the Governing Body, at which time he shall present all available evidence in support of his exemption. I B. I f the exemption is approved by the Governing Body, the Governing Body shall so certlty in a printed certificate on the Certificate of Survey. The certifications shall read substantially as follows: I, (Chairman of the Board of County Commissioners) do hereby certify that the exemptions claimed on the accompanying Certificate of Survey have been duly reviewed by the Governing Body, and have been found to conform to the Subdivision and Platting Act, Section 76-3-101 et seq., M.C.A. 1983, and the Bozeman City-County Subdivision Regulations. Dated this day of , 19 . - - ( signature) Chairman, Board of County Commis- sioners, Director of Public Works, City of Bozeman C. If the exemption is approved by the Planning Director on behalf of the Governing Body, the Planning Director shall certify in a printed certificate on the Certificate of Survey. The certification shall read substantially as follows: I, the Director of the Bozeman City-County Planning Board, do hereby certify that the exemptions claimed on the accompanying Certificate of Survey have been duly reviewed by the Governing Body, and have been found to conform I to the Subdivision and Platting Act, Section 76-3-101 et seq., M.C.A. 1983, and the Bozeman City-County Subdivision Regulations. Dated this day of , 19 . - - ( signature) Director, Bozeman City-County Planning Board ORDINANCE NO. 1152 ----- ~-~ -- --- -- ----~- 432 ; D. A Certificate of Survey of a division of land which is exempted from review may not be filed by the County Clerk and Recorder unless it bears the certificate of the owner of record stating that the division of land is exempted from review as a subdivision and citing the applicable exemption. Only one (1) exemption and only one (1) use of an exemption shall be claimed per Certificate of Survey. Each newly created parcel less I than twenty (20) acres shall have a Certificate of Exemption. Certificates of Survey showing the creation of new parcels of land pursuant to exemptions for gifts or sales to a member of the grantor's immediate family or for occasional sales must be accompanied by a copy of the deed transferring interest in the parcel being created, or a statement detailing where the deed is in escrow, how long it will be in escrow, and authorization to contact the escrow agent for verification. E. This act shall not be applicable to deeds, contracts, leases or other conveyances exe- cuted prior to the effective date of these regulations. F. I n addition to the criteria stated herein, the local governing body shall evaluate all relevant circumstances in assessing the intent of the person claiming the exemption. These circumstances may include the nature of the claimant's business, the prior history of the particular tract in question, and the proposed configuration of the tract if the proposed exempt transactions are completed. 16.38.020 Exemptions. A. Exemption as a Gift or Sale to a Member of the Immediate Family. I " A member of the immediate family is the spouse of the grantor, or, whether by blood or adoption, a son, daughter, mother or father of the grantor. 2. The proper use of the exemption as a gift or sale to a member of the imme- diate family is to convey one parcel of land to each member of the land- owner's family, providing that the use of the exemption creates no more than one additional parcel of less than 20 acres in size. 3. The governing body shall declare a second or subsequent family transfer to the same member of the immediate family to be an evasion of the Act if it is determined that one or more of the following conditions exist: a. the first parcel has been conveyed by the same family member; b. the first parcel was further divided by use of exemptions, except the exemption to provide security for a construction mortgage, I ien or trust indenture; or c. the exempted parcel would leave more than one additional parcel of less than 20 acres. 4. When a second or subsequent use of this exemption is proposed to convey a parcel of land to the same family member, the landowner shall submit, in addition to such other documents as may be required, a written explanation stating: a. why the subsequent conveyance is proposed; b. the dates of all exempt transfers made to that member of the immediate family; I c. what disposition, if any, was made of the previously exempted parcel(s); and, d. how many parcels, and of what size, will be created by the division of land in question. B. Exemption as an Occasional Sale. " An occasional sale is one (1) sale of a division of land within any 12-month period. The 12-month period commences upon sale of the division of land. ORDINANCE NO. 1152 - --~_.~.~ '. 433 . . 2. The proper use of an occasional sale exemption is to create a single division of a parcel from any tract or from contiguous tracts of land. 3. The governing body shall declare a proposed division of land as an occasional sale to be an evasion of the Act if it is determined that one or more of the following conditions exist: a. the proposed new parcel is part of a parcel which was created under the I occasional sale or family conveyance exemption of the Act; or b. a parcel contiguous to the parcel to be transferred has been previously transferred by the same transferor as an occasional sale; or the exempted parcel would leave more than one additional parcel of less than c. 20 acres. 4. When the occasional sale exemption is to be used, the landowner shall submit, in addition to such other documents as may be required, a written statement, stating: a. within the past 12 months, no prior "occasional sale" has been taken from the tract or contiguous tracts held in single ownership. b. the tract from which the "occasional sale" is to be taken was not created under the exemption for an "occasional sale" or as a gift or sale to a member of the immediate fami Iy. C. Agricultural Exemption. An agricultural exemption is a division of land made outside of a platted subdivision by sale or agreement to buy and sell where the parties to the transaction enter a covenant running with the land, revocable only by mutual consent of the governing body and the transferree/property owner, that the divided land wi II be used exclusively for agricul- tural purposes. No building or structure requiring water or sewer facilities shall be utilized on such a parcel. I D. Relocation of Common Boundary Lines. 1. The proper use of the exemption for relocating common boundary lines is to establish a new boundary between two adjoining parcels of land. 2. Relocation of common boundary lines may be made once on the original tract without subdivision review. All relocations subsequent to the first are subject to sub- division review. 3. Certificates of Survey showing the relocation of common boundary I ines must be accompanied by a quitclaim deed from adjoining property owners for the entire newly described parcel (s), and documentation showing the need for the relocation, such as structure encroachment or surveyor error. 4. The governing body shall declare a proposed relocation of common boundary lines to be an evasion of the Act if it determines that the documentation submitted according to 2a (3) does not support the stated reason for relocation. E. Security for Construction Financing. " The proper use of the exemption is to provide security for construction mortgages, liens or trust indentures. 2. A proposed transfer based on the exemption to provide security is presumed to be adopted for the purpose of evading the Act under the following conditions: a. it will create more than one building site; or I b. the financing is for construction on land other than the exempted parcel. 3. When the security for construction financing exemption is to be used, the landowner shall submit, in addition to such other documents as may be required, a written statement explaining: a. how many parcels within the original tract will be created by use of the exemption; b. who will have the title to and possession of the remainder of the original parcel after title to the exempted parcel is converted. ORDINANCE NO. 1152 ~.__._--- '43.4 c. a signed statement from a lending institution that the creation of the exempted parcel is necessary to secure a construction loan for buildings or other im- provements on the parcel. 4. All instruments, including the statements described in Section 2e(3) above, the deed creating the mortgage, lien, or trust indenture on the transferred parcel, shall be filed at the same time. F. Subdivisions created by rent or lease are exempt from the surveying and filing require- I ments of this act but must be submitted for review and be approved by the Governing Body before portions thereof may be rented or leased. 16.38.030 Exempted from Subdivision and Survey Requirements. Unless the method of disposition is adopted for the purpose of evading this act, the requirements of these regulations shall not apply to any division of land: " Which is created by order of any court of record in this state or by operation of law, or which, in the absence of agreement between the parties to the sale, could be created by an order of any court in this state pursuant to the law of eminent domain. 2. Which is created by a lien, mortgage, or trust indenture; 3. Which creates an interest in oil, gas, minerals, or water which is now or hereafter served from the surface ownership of real property; 4. Which creates cemetery lots; 5. Which is created by the reservation of a life estate; 6. Renter for Agricultural Purposes. Which is created by lease or rental for farming and agricultural purposes. I CHAPTER 16.40 CERTIFICATES 16.40.010 General. The following represent the general format for the certificates to be shown on plats and certificates of survey. Other certificates than those shown may be required by the Governing Body, when deemed appropriate. 16.40.020 Dedication or Consent. All plats of subdivision must contain a Certificate of Dedication or Certificate of Consent. I n the case of corporate ownership, the proper corporation officers must sign, corporate notary form must be used and the corporate seal must be affixed. The certificate shall read as follows: CERTIFICATE OF DEDICATION (I), (We), the undersigned property owner(s), do hereby certify that I II )(We), have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, as shown by the plat and certificate of survey hereunto included, the following described tract of land, to-wit: -----Description----- (Exterior Boundary Description of Area Contained in Plat and Total Acreage) ORDINANCE NO. 1152 ..........---- 435 The above-described tract of land is to be known and designated as , Gallatin County, Montana; and the lands included in all streets, avenues, alleys and parks or public squares shown on said plat are hereby granted and donated to the use of the public forever. DATED this day of , A.D., 19 . - I (Signature-- Typed or Printed Name of Each Owner) ( Notary) CERTIFICATE OF CONSENT (I), (We), the undersigned property owner(s), do hereby certify that (I), (We), caused to be surveyed, subdivided and platted into lots, blocks, streets and alleys, as shown by the plat and certificate of survey hereunto included, the following described tract of land, to-wit: -----Description----- (Exterior Boundary Description of Area Contained in Plat and Total Acreage) The above-described tract of land is to be known and designated as , Gallatin County, Montana. DATED this day of , A.D., 19 . (Signature-- Typed or Printed Name of Each Owner) ( Notary) I 16.40.030 Mortgagee. I n those cases where the area being platted on the plat of subdivision is subject to any liens, mortgages, claims, or other encumbrances by party(ies) or other owner(s) the following certificate shall also be required: CONSENT OF MORTGAGEE(s) (I), (We), the undersigned mortgagee( s), do hereby join in and consent to the described plat, releasing our respective liens, claims or encumbrances as to any portion of said lands now being platted into streets, avenues, parks, or other public uses and dedicated to the use of the public forever. DATED this day of , A.D., 19 . lSignature--Typed or Printed Name of Each Owner) ( Notary) 16.40.040 Cash-in-Lieu of Park. I Where the park requirements are being waived in lieu of cash, plats of subdivision shall show the following certificate: CERTIFICATE ACCEPTING CASH-IN-L1EU OF PARK DEPARTMENT I nasmuch as dedication of park land within the platted area of (Sub- division Name) would be undesirable for park and playground purposes, it is hereby ordered by the City Commission of the City of Bozeman or the Board of ORDINANCE NO. 1152 -~ - -.- 438 County Commissioners, Gallatin County, that land dedication for park purposes be waived and that cash-in-lieu, to the amount of Dollars, be accepted in accordance with the provisions of the Montana Subdivision and Platting Act, Sections 76-3-101 through 76-3-614, M.C.A. 1983, and the Bozeman Area Subdivision Regulations. (signature--Director of Public I Service, City of Bozeman/or Chairman, Board of County Commissioners) 16.40.050 Surveyor. All plats of subdivision and certificates of survey shall contain a Certificate of Surveyor and shall read as follows: CERTIFICATE OF SURVEYOR I, the undersigned, (type or print name) , (Professional Engineer and) Land Surveyor, do hereby certify that between , 19 , and , 19 , I surveyed name of subaTVision - and platted same as shown on the accompanying plat and as described in accordance with the provisions of the Montana Subdivision and Platting Act, Sections 76-3-101 through 76-3-614, M.C.A. 1983, and the Bozeman Area Sub- division Regulations. DATED this day of , 19 . - (signature--Printed or Typed Name) (Registration Number) 16.40.060 Improvements. Where improvements are to be installed prior to final plat approval, the plat of sub- I division shall contain a Certificate of Installation of Improvements. The certificate shall read as follows: CERTIFICATE OF INSTALLATION OF IMPROVEMENTS I, the undersigned, , do hereby certify that between , 19 , and , 19 , the required improvements were installed in accordance with the approved plans and specifications. DATED this day of , 19 . - (Signature--Printed or Typed Name) (Registration Number) (SEAL) 16.40.070 Examining Land Surveyor. All plats of subdivision and certificates of survey shall contain the following Certificate of Examining Land Surveyor: CERTIFICATE OF EXAMINING LAND SURVEYOR I, , Examining Land Surveyor, of the City I of Bozeman/or Gallatin County, do hereby certify that I have examined the accompanying plat, and the survey it represents, and find that the same conforms to the survey and monumentation requirements of the Montana Subdivision and Plat- ting Act Sections 76-3-101 through 76-3-614, M. C.A. 1983, and the Bozeman Area Subdivision Regulations. ORDINANCE NO. 1152 -~-~--_.._-~-~------- - -~ -"'"'- _..~- --..- --~- ~.__.~-~-- ~----- ~- -- _~ _...L_ ..4j7 DATED this day of , 19 . - (Signature--Printed or Typed Name) (Registration Number) (SEAL) I 16.40.080 Planning Director. In compliance with the procedures for the review of plats of subdivision and certificates of survey, a Certificate of the Planning Director shall appear on the same and read: CERTIFICATE OF PLANNING DIRECTOR I, (Printed or Typed Name) , Planning Director, of the City-County Planning S'Oard have reviewed the accompanying plat and find that it conforms to subdivision requirements of Sections 76-3-101 through 76-3-614, M.C.A. 1983. DATED this day of , 19 . - (signature--Planning Director) City-County Planning Board 16.40.090 Governing Body. The appropriate Governing Body shall certify approval of the plat of subdivision or certificate of survey. Said certificate shall read as follows: CERTIFICATE OF COUNTY COMMISsIONERS/ OR DIRECTOR OF PUBLIC SERVICE I DATED this day of , 19 . - Chairman, Board of County Commissioners, or Director of Public Service, City of Bozeman 16.40.100 Clerk and Recorder. All plats and certificates of survey shall show the following Certificate of Clerk and Recorder. CLERK AND RECORDER I , , Clerk and Recorder of Gallatm County, Montana, do hereby certify that the foregoing instrument was filed in my office this day of , A.D., 19 and recorded in I Book , of Plat on Page , Records of the<::ounty Clerk and Recorder, Gallatin County, Montana. (Signature) ORDINANCE NO. 1152 ~._- -- -- """- -- -- --_._-~._~-~_.-------~ .---~ --- -------~~_._-~ - - ~- ~.------------ - ------~---~~--~...- - -~------~--~--_..- 438 C H A PT E R 1 6 . 42 DOCUMENTS 16.42.010 General. Where required, the following documents shall be submitted in draft form with the pre- liminary plat and signed and notarized with the final plat: I 16.42.020 Property Owners' Association. If common property is to be deeded to a property owners' association of similar instru- ment, the covenants and restrictions set up to govern such an association shall include as a minimum: A. Membership. Automatic and mandatory membership for each property or unit buyer and any subsequent buyer. B. Perpetual Reservation. Perpetual reservation and limited use of common property. C. Right of Use. The right of each property or unit owner to use and enjoyment of any common property or facility. D. Responsibility. Responsibility for liability insurance, any applicable tax assessments, and the maintenance of any common property or facilities to be placed in the association. E. Assessments. Assessments which require each property or unit owner to pay a pro rata share of the cost of any common expenses, with any assessment charged by the association becoming a lien where necessary on individual parcels. Safeguards against unreasonably high charges and provision to adjust assessments may be provided. I 16.42.030 Subdivision Improvements. The following are alternative methods of public Improvements Guarantees: A. Subdivision Improvements Agreement. As a condition for approval of the final plat, the subdivider shall have installed all of the required improvements as stipulated in Section 16.26.040, Design Standards, or shall enter into a written subdivision improvements agree- ment guaranteeing the construction and installation of all required improvements in conformance with all pol icies, standards and resolutions adopted by the County (City) of . The agreement shall stipulate, among other things, which type of security arrangements the subdivider elects to use and the time schedule the subdivider proposes for accomplishing the required improvements and shall include the subdivider's warranty against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. B. Security Guarantee. The subdivider shall provide a financial security guarantee from the following listed methods in the amount of 100 percent of the estimated total cost, as approved by the Governing Body, of installing all required improvements: I " Escrow Account. The subdivider shall deposit cash, or collateral readily converti- ble to cash at face value, either with the Governing Body or in escrow with a bank. The use of collateral other than cash, and the selection of the bank with which funds are to be deposited are subject to the approval of the Governing Body. Where an escrow account is to be employed, the subdivider shall file with the Governing Body his agreement with the bank guaranteeing the following: a. That the funds in the escrow account are to be held in trust until released by the Governing Body and may not be used or pledged by the subdivider as security for any obligation during that period. ORDINANCE NO. 1152 - -_.~ ----~.__._~- ---. _.~--- --. ------ -~.. _._.~ - _.----~---_..._---_._-~--,- ~---------_._--- - _...~- 439 b. That in case the subdivider fails to complete the required improvements, the bank shall immediately make the funds in escrow available to the County (City) for the completion of these improvements. 2. Property Escrow. The subdivider may offer as a guarantee land or other property, including corporate stocks or bonds. A qualified real estate appraiser shall establish the value of any real property so used and in so doing, shall take into account the possibility of a decline in the value of said property during the I guarantee period. The governing Body reserves the right to reject the use as collateral of any property when the value of the property is unstable, when the property may be difficult to sell, or when other factors exist which wi II inhibit the Governing Body from exchanging the property for an amount of money sufficient to complete the required improvements. When property is offered as an improvement guarantee, the subdivider shall: Execute an agreement with the escrow agent when it is not the County (City) of , instructing the agent to release the property to the County (City) in the case of default. The agreement shall be placed on file with the County Clerk and Recorder. File with the Governing Body an affidavit affirming that the property to be used as a guarantee is free and clear of any encumbrances or liens at the time it is to be put in escrow. Execute and file with the Governing Body an agreement stating that the property to be placed in escrow as an improvement guarantee wi II not be used for any other pur- pose, or pledged as a security in any other matter until it is released by the Governing Body. 3. Special Improvement District. The Governing Body may enter into an agreement with the subdivider, and the owners of the property proposed for subdivision is other than the subdivider, that the installation of required improvements will be financed through a special or rural improvement district created pursuant to Sections 7-12-2102 through 7-12-2186, M.C.A. 1983. An agreement to finance improvements through the creation of a special improvement district, or a petition to create a rural improvement district, constitutes a waiver by the subdivider, or the owners of the property where other than the subdivider, of the right to protest, or petition against, the creation of the district under either I Section 7-12-2102, M. C .A. 1983. 4. Letter of Credit. Subject to the approval of the Governing Body the subdivider shall provide a letter of credit from a bank or other reputable institution or indi- vidual. This letter shall be deposited with the Governing Body and shall certify the following: That the creditor guarantees funds in an amount equal to the cost, as estimated by the subdivider and approved by the Governing Body, of completing all required im- provements. That if the subdivider fails to complete the specified improvements within the required time period, the creditor will pay to the County (City of immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter. That this letter of credit may not be withdrawn, or reduced in amount, until released by the Governing Body. 5. Surety Performance Bond. The bond shall be executed by a surety company autho- rized to do business in the State of Montana and acceptable as a surety to the Governing Body and countersigned by a Montana agent. The bond shall be payable to the County (City) of . The bond shall be in effect until the completed improvements are accepted by the Governing Body. 6. Any other method that may be acceptable to the Governing Body. Section 2 I That all ordinances and parts of ordinances in conflict herewith are hereby repealed and Ordinance No. 796 and all subsequent amendments thereto are specifically repealed. Sect ion 3 This ordinance shall be in full force and effect from and after thirty days after its final adopt ion. ORDINANCE NO. 1152 440 PROVISIONALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 30th day of January, 1984. Mayor I ATTEST: Clerk of the City Commission FI NALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 14th day of February, 1984. Mayor I ATTEST: Clerk of the City Commission State of Montana ) County of Gallatin ) City of Bozeman ) I, Robin L. Sull ivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 1152 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 19th day of February 1984, and due proof of such publication is on file in my office. I N WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 29th day of May 1984. Clerk of the City Commission I ORDINANCE NO. 1152