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HomeMy WebLinkAboutOrdinance 86- 1220 Adds Ch. 16.29 and 16.40.110; amends § 16.06.040, 16.06.090 16.06.110 158 ORDINANCE NO. 1220 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 16 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING MINIMUM STANDARDS AND PROCEDURES FOR SUBDIVISIONS IN THE CITY OF BOZEMAN AND THE JURISDICTIONAL AREA OF THE CITY OF BOZEMAN, MONT ANA. PREAMBLE I The purpose of this ordinance is to amend the subdivision regulations of the City of Bozeman bringing it into compliance with state statutes. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AS FOLLOWS: Section 1 That Section 16.02.020 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.02.020 Authority. Authorization for the adoption of these subdivision regulations is contained in the Montana Subdivision and Platting Act (Sections 76-3-101 through 76-3-614, M. C.A. ) . Section 2 That Section 16.06.040 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.06.040 Comprehensive Plan (Master Plan). A comprehensive plan, or a master plan, is a long range plan intended to guide growth and development of a community or region and includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities, and land I use. The plan may include those items described in Section 76-1-601, M.C.A. Section 3 That Section 16.06.090 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.06.909 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 identity of the segregated parcels pursuant to these subdivision regulations. Provided that 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. Section 4 That Section 16.06.110 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.06.110 Engineer (Registered Professional Engineer). "Engineer" (Registered Professional Engineer) means a person licensed in conformance with the Montana Professional Engineers' Registration Act (Sections 37-67-301 through I 37-67-332, M.C.A.), to practice engineering in the State of Montana. Section 5 That Section 16.06.120 Examining Land Surveyor (definition) be and the same is hereby deleted in its entirety. ORDINANCE NO. 1220 15~] Section 6 That Section 16.06.180 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.06. 180 Minor Subdivision. "Minor subdivision" means a subdivision containing five or fewer parcels where proper I access to all lots is provided where no land in the subdivision will be dedicated to public use for parks and playgrounds and which has been approved by the Department of Health and Environmental Sciences where such approval is required by Section 76-4-128, M. C. A. Section 7 That Section 16.06.280 of the Bozeman Municipal Code be and the same is hereby amended to read as fol lows: 16.06.280 Plat. A graphic representative of a subdivision showing the division of land into lots, parcels, blocks, streets and alleys, and other divisions and dedications. Section 8 That Section 16.06.350 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.06.350 Street Types. For the purpose of these regulations, street types are defined as follows (terms "street" and "road" may be used interchangeably): A. Alley--A street used primarily for vehicular access to the rear of properties which abut on and are served by public roads. B. Arterial--A street or road having the primary function of moving traffic and the secondary 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 residential development and streets for circulation within such a development. D. Minor Streets--A street or road having the primary function of serving abutting properties, 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 remaining 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. Section 9 That Section 16.06.380 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.06.380 Subdivision. A division of land or land so divided, which creates one or more parcels containing less that twenty (20) acres, exclusive of public roadways, in order that the title to or possession of I the parcels may be sold, rented, leased or otherwise conveyed, and shall include any re- subdivision; and shall further include any condominium or area, regardless of its size, which provides or will provide multiple space for recreational camping vehicles or mobile homes. A subdivision shall comprise only of 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 the provisions of these regulations. (See Chapter 16.38 for Subdivision Exemptions.) ORDINANCE NO. 1220 -- 16U Section 10 That Section 16.06.400 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.06.400 Surveyor (Registered Land Surveyor). "Surveyor" (Registered Land Surveyor) means a person licensed in conformance with the Montana Professional Engineers' Registration Act (Sections 37-67-301 through 37-67-332, M.C.A.) to practice surveying in the State of Montana. I Section 11 That Section 16.08.030 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.08.030 Minor Subdivisions--Review and Approval Procedures. A. General. Subdivision of five or fewer parcels may be given summary review and approval when the Governing Body(ies) determine(s) that the following criteria are met: 1. No land in the subdivision will be dedicated for public use for parks or playgrounds. (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), 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 I Sciences where such approval is required by Sections 76-4-101 through 76-4-131, M.C.A. 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 policies, 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 hearing is held, the requirement in Section 16.08.040 shall be followed. Minor subdivisions receiving summary review are subject to all appropriate procedural 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. C. Minor Subdivision Application. The subdivider shall submit to the Planning Office an I application for minor subdivision review plus all required preliminary information as outlined in Section 16.10.020, the appropriate fees specified in Section 16.040.050 and ten copies of the proposed preliminary plat where deemed necessary. 1. The City-County Planning staff shall forward copies of the minor preliminary plat to appropriate departments within the City and County for their review and comment. Said departments shall be given a ten-day review period for the purpose of check- ing the minor plat for conformance to all pertinent regulations. All written ORDINANCE NO. 1220 16_1 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. If no comments are received by the end of the ten-day review period, the Planning staff shall assume the departments approved the minor plat. I 3. The Planning staff shall consider all relevant evidence relating to the public health, safety and welfare to determine whether. the application should be approved, conditionally 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 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 days of the submission of an application for approval thereof. The thirty-five-day review and approval period shall commence when the review fees have been paid and the Planning staff accepts the application, plats, and supplements as conforming to all requirements for the form and content of a complete preliminary plat I submittal. If the Governing Body(ies) 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(s) 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. 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 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 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 approval for not more than one calendar year, except that the Governing Body(ies) may I extend its approval for a period of more than one year if that approval period is included as a specific condition of a written agreement between the Governing Body(ies) and the subdivider, according to Section 76-3-507, M. C.A. Approval of the minor subdivision 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. ORDINANCE NO. 1220 162 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. I Section 12 That Section 16.08.040 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.08.040 Preliminary Plat Procedure. A. Submission. The subdivider shall submit the following number of copies of the preliminary plat and supplementary information to the Planning Board Office at least thirty days prior to the Planning Board meeting at which it is to be considered: 1. Within the Bozeman City limits--twenty-five (25) copies; 2. Within the Bozeman City Zoning Jurisdictional Area--twenty-three (23) copies; and 3. Within the Bozeman City-County Planning Jurisdictional Area--sixteen copies. B. Affected 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 by 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. Public Notice. The Planning Director shall schedule a public hearing before the Planning I Board and give legal notice in a newspaper of general circulation in the county not less than fifteen days prior to the date of the hearing. The subdivider and every property owner or owners immediately adjoining the land included in the plat shall be notified of the hearing by registered mail not less than fifteen days prior to the date of hearing. D. Public Hearing. At the public hearing the Planning Board shall: 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 Sub- division 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 therefor; 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 necessary or desired. E. Recommendations. The written recommendation of the Planning Board shall be forwarded I not later than ten days after the public hearing to the appropriate Governing Body(ies), which is: 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 miles of the City of Bozeman; ORDINANCE NO. 1220 163 3. The Board of County Commissioners when the land lies further than three miles from the City of Bozeman. F. Copy to Subdivider. A copy of the recommendation of the Governing Body(ies) shall also be mailed to the subdivider. I G. Approval. The Governing BOdy(ies) shall approve, conditionally approve or disapprove the preliminary plat within sixty days of the date of its submission unless the subdivider consents to an extension of the review board. 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(ies) may wish to make comment and suggestion on the total development. Such comment shall be advisory in nature and not constitute 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 copy of the 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 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(ies) may approve an extension for not more than one 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 I approval. Section 13 That Section 16.08.060 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 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 compliance 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 appropriate. 2. The final subdivision plat and related information shall be submitted to Planning staff for review for compliance with previously established approval conditions. 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 and approval of a final sediment and erosion control plan (including all specifications for any stream alterations that may be I 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: ORDINANCE NO. 1220 lGLt 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 I is appropriate, for review and certification. C. Review by the Planning Director. The Planning Director shall then review the final plat to ascertain that all other conditions and requirements for final approval have been met and so certify in a printed certificate on the plat. D. Approval by Governing Body(ies). The Governing Body(ies) 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. 1. If the final plat is approved, the Governing Body (ies) 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. 2. If the final plat is disapproved, the Governing Body(ies) shall write the subdivider a letter (with a copy being sent to the preparing surveyor) stating the reasons therefor. E. Filing. The subdivider shall fi Ie the approved, signed final plat and all other required certificates and documents with the County Clerk and Recorder within sixty (60) days of I the date of final plat approval. Section 14 That Section 16.12.030 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.12.030 Blocks. A. Si ze 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 topography 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 to schools, playgrounds, shopping centers, transportation and other community facilities. Section 15 That Section 16.12.040 of the Bozeman Municipal Code be and the same is hereby I amended to read as follows: 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 public 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 ORDINANCE NO. 1220 IGS 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 subdivi.sion 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 I necessary for protection of residential properties and to afford separation of through and local traffic. 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. 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 wi II 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 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: 1. 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 I 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. 1. New streets aligned with existing streets shall have the same name as the 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. STREr lE5IGJ ~ 1. Street T)1Je Co II ector Mirl)r - 2. Terrain classification Qdirary Mu1tain:us(l) Qdirary M:u1ta irws 3. Right-of-way width, minimum 60'-80' 60' 60' 60' 4. Centerline radius on curves, minimum 300' ISO' ISO' lOa' 5. Tangent length between reverse curves, minimum 100' 50' 50' -- I 6. Stopping site distance--minimum 300' 200' 200' lOa' 7. Angle at intersection centerline, minimum 750 750 750 750 8. Curb radius at intersections, minimum 25' 25' IS' IS' 9. Length of cul-de-sac, maximum -- -- 500(2) 2500' ORDINANCE NO. 1220 lGG 10. OUtside radius on cul-de-sac right-of-way, minimum -- -- 50' 50' 11. Grade, maximum 7% 10% 10% 12% (3) 12. Grade, minimum 0.3% 0.3% 0.3% 0.3% 13. Grade within 150' of intersecting centerlines. 3% 3% 3% 3% Notes: I (1) Mountainous terrain is defined as terrain which has a cross slope exceeding 15%. (2) Temporary cul-de-sacs which will be extended in the future may exceed this length. (3) Grades of over 10% shall not exceed 100' in length. 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(ies). Section 16 That Section 16.12.050 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.12.050 Easements. A. Required Easements. Where determined to be necessary, the Governing Body(ies) 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: 1. 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. I 2. Utility easements shall be twenty (20) feet wide; except the Governing Body(ies) 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. Drainage 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.) Section 17 That Section 16.12.060 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16. 12 . 060 Park Requirements. A. Dedications. A plat of a residential subdivision shall show that one-ninth of the combined area of lots five acres or less in size and one-twelfth of the combined area of lots greater than five acres in size, exclusive of all other dedications, is forever dedicated to the public for parks or playgrounds. No dedication shall be required for I the combined area of those lots in the subdivision which are larger than ten acres exclusive of all other dedications. B. Residential Subdivisions. All subdivisions shall be considered to be residential subdivisions and park requirements shall be satisfied unless there are adopted zoning restrictions which prohibit residential development or it can be shown that the subdivider 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 ORDINANCE NO. 1220 161 of the subdivided land changes from its intended use after the final plat has been approved. c. Locations. The Governing Body(ies), in consultation with the Planning Board, may determine suitable locations for such parks and playgrounds. When the subdivision is located within the City limits, the Governing Body( ies) shall also consult with the Divi- .. I sian of Parks and Playgrounds and the Recreation Advisory Board regarding the appropriate location of park land. D. Cash Acceptance in Lieu of Land Dedication. Where in the opinion of the Governing Body (ies) the dedication of land for parks and playgrounds is undesirable because of size, topography, shape, location or other circumstances, the Governing Body(ies) may for good cause shown, accept a cash donation in lieu of the dedication and equal to the fair market value of the amount of land that would have been dedicated. 1. 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 lieu of land dedication, the amount of cash donation shall be stated on the final plat. 3. Where cash will be accepted in lieu of land dedication, the Governing Body(ies) shall record in the minutes of the meeting upon the proposed subdivision why the dedication of land for parks and playgrounds was undesirable. 4. The fair market value shall be determined as of the submission date of the preliminary plat. 5. The fair market value should be established by an appraisal done by a qualified real estate appraiser. I 6. Park fund money shall be expended according to a park policy or plan. E. Planned Unit Development. If 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 wi II ultimately reside therein, the Governing Body(ies) may issue an order waiving land dedication and cash donation requirements. F. The park dedication and cash-in-lieu requirements of this section do not apply to any division that creates only one additional lot. Sect ion 18 That Section 16.14.030 of the Bozeman Municipal Code be and the sa'me is hereby amended to read as follows: 16.14.030 Proced u re . The subdivision procedure as outlined in Chapter 16.08 shall be followed with the addition of: A. Preappl ication Conference. Before submission of the PUD application, the developer should request a conference with the Planning Department. This conference provides the applicant(s) with an I 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 listed below. Adequate charges, maps, elevations and 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. ORDINANCE NO. 1220 IGtJ 3. Public and private open space and parks. 4. Public utilities and services. 5. The residential housing mix, proposed market and general overall appearance of the development. B. Preapplication Plan Procedure. Prior to the submission of a preliminary plat of the PUD, the developer shall submit I three (3) copies of the preapplication plans and data for 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 of preapplication plan submission, the Planning Director shall write a letter to the developer informing him that the plan has or has not been desig- nated 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. Designation 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 pre- application plan be reviewed by the Planning Board at its regular meeting. The letter of request and ten (10) copies of the preapplication 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 I designated the project as a PUD, he may waive all or any part of the requirements for: 1. Public hearing. 2. Planning Board review and approval, when it is determined that the following conditions wi II be met: a. The proposed development will consist of three (3) or fewer structures, or 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. 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. 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 preapplication development plan to the Planning Office I 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 inter- preted to indicate final plan approval. The preapplication plan may be a free-hand sketch, legibly drawn, showing approximate 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. ORDI NANCE NO. 1220 153 E. Final Plan Procedure for Summary Review. Upon completion of the preapplication plan review, the applicant shall submit threet. (3) copies of the final development plan and supplementary information to the Planning Office. F. Review by Planning Office. I 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. Section 19 That Section 16.14.050 of the, Bozeman Municipal Code be and the same is hereby amended to read as follows: 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: 1. 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 or 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. I B. Open Space. Each PUD shall provide an area for dedicated park and/or open space appropriate 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 occupied by buildings, streets, driveways or parking spaces may not be counted in satisfying this open space requirement; provided, however, that land occupied by recreational buildings 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 conflicting 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(ies) and as outlined in the Bozeman Area Zoning Code. E. Private Streets. Private streets may be allowed by the Governing Body where: 1. Collector streets designated to furnish access to adjacent areas are dedicated. 2. Adequate responsibility for the improvement and maintenance of private I 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. ORDINANCE NO. 1220 17U Section 20 . That Section 16.16.020 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 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 conditional approval and the subdivider has satisfied the requirements for the installation I of improvements, the following procedure shall be followed: 1. The subdivider shall submit an original and three (3) copies of the plat, with required revisions, together with all signed certificates and docu- ments 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(ies) shall examine the plat within fifteen (15) days of the date of submission and shall approve it if it conforms to the con- ditions set forth on the preliminary plat and the terms of these regu- lations. If approved, the Governing Body(ies) 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 disapproved, the Governing Body(ies) shall write the subdivider a letter stating the reasons therefor. Section 21 That Section 16.16.040 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.16.040 Standards--Mobile Home and Recreational Vehicle Parks. The Design Standards, Chapter 16.12, shall be complied with except where otherwise noted below: I A. Lot Layout. Required plans and plats shall include a layout of a typical lot showing the location and dimensions of the lot, stand, driveway and parking spaces in compliance with the following standards: Recreational Mobile Home Vehicle 1. Minimum lot area 5,000 sq. ft. 1,500 sq. ft. 2. Minimum lot width 50 ft. -- 3. Minimum stand size 12' x 50' single wide -- 24' x 50' double wide -- 4. Setback of stands from: a. Property line 20ft. 25 ft. b. Interior streets 15 ft. -- c. Public streets 25 ft. -- 5. Distance between stands from: a. Side to side 25 ft. -- b. Rear to rear 15 ft. -- I 6. Parking spaces a. For each lot 2 spaces -- b. For every 4 lots (guests) 1 space -- c. Space 9 ' x 20' -- ORDINANCE NO. 1220 171 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: 1. Collector streets with guest parking, thirty-six feet wide; 2. Collector streets with no parking, twenty-two feet wide; I 3. Minor streets with guest parking, thirty-four feet wide; 4. Minor streets with no parking, twenty feet wide; 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 feet. D. Arrangement. Mobile home lots shall be arranged to permit the practical placement and removal of mobile 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 home stands shall be equipped with anchors or tie-downs in conformance with the regulations and minimum standards adopted by the Montana Department of Administration, Division of Architecture and Engineering, pursuant to Sections 50-60-401 through 50-60-404, M.C.A. 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 of the area of the mobile home or recreational park shall be reserved as park or recreation area. These areas shall be located to conveniently serve residents of the entire development. Recreation areas may include space for community recreation building and facilities. Section 22 I That Section 16.16.050 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.16.050 Standards--Condominiums. The Design Standards, Chapter 16.12, shall be compl ied with, except where noted: A. Exemptions. Subdivision review and approval requirements shall not apply where: 1. 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 permits multiple family use of the density proposed in the plan for development. 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. Section 23 That Section 16.18.070 of the Bozeman Municipal Code be and the same is hereby amended to read as fol lows: 16.18.070 Historical Features. A. A ffected Areas. Describe and locate on a plat overlay or sketch map any known or possible historic, palentological, archaelogical or cultural sites, structures or objects which may be affected by the proposed subdivision. I B. Protective Measures. Describe any plans to protect such sites or properties. Section 24 That Section 16.20.010 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 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 ORDINANCE NO. 1220 172 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 the 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. Section 25 I That Section 16.20.040 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.20.040 Solid Waste Disposal. A. Collector System. Describe the proposed system of solid waste collection and disposal for the subdivision including: 1. 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 avai lable. 3. Plan to prevent the pollution of surface or groundwater supplies if 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. Section 26 That Section 16.24.050 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.24.050 Waiver of Requirement. The Governing Body(ies) shall waive this requirement where the subdivider contacts the Water Resources Division, Department of Natural Resources and Conservation, and that agency I states in writing that the available data indicates that the proposed subdivision is not in the flood hazard district. Section 27 That Section 16.26.020 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 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(ies) guaranteeing the installation and performance of the improvements. (See Section 16.42.030) 1. A public hearing, where necessary, will be scheduled for the proposed creation of either a Special or Rural Improvement District in conjunction with a proposed subdivision and its related design criteria. The City and/or County Engineer(s) shall forward a copy of SID or RID specifications to the local State Offices of Fish, Wildlife and Parks Depart- ment 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 SI D or RID construction documents. --specify SI D or RI D construction documents to contain requirement that I 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 SI D or RID can be approved. ORDINANCE NO. 1220 113 A. Submission of Plans and Specifications. Prior to the installation of improvements or 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 Health and Environmental Sciences, if appropriate. B. Review. Plans and specifications shall be locally reviewed by the: I 1. 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 specifications 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(ies) 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. E. Completion of Improvements. Improvements shall be installed in accordance with approved plans, specifications, and any requirements of the improvements agreement and be certified to by a registered, professional civil engineer. 1. 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(ies) may require the subdivider, where I 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. Individual Sewage Facilities. 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. Section 28 That Section 16.26.040 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.26.040 Design Standards. A. Streets. All street improvements shall be designed by and constructed under the supervision 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. 1. Construction materials specified in Section 16.26.050 may be substituted with other appropriate materials with the approval of the Governing Body(ies), upon the I recommendation of the City or County Engineer. 2. Streets within mobi Ie home and recreational vehicle parks shall meet or exceed the standards in Section 16.26. 050A with the exception of the roadway width requirement. B. Sanitary Facilities. Water supply, sewage disposal and solid waste disposal systems 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 ORDINANCE NO. 1220 17'Lr 76-4-131, M.C.A., 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 will be utilized in proposed subdivisions within the City of Bozeman's three mile extra-territorial zoning jurisdiction, such improvements shall be constructed and installed in compliance with the City of Bozeman design standards and criteria for I 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 engineering plans shall be reviewed and approved by both the City of Bozeman's Engineer- ing Officer and the Water Superintendent by signature to the respective certificates attached to the final subdivision plat as outlined below. Copies of these plans shall be retained by both the Engineering Officer and the City Water 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 Office, City of Bozeman, Montana DA TED this day of , A.D., 19 . CERTIFICATE OF CITY WATER SUPERINTENDENT I 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 with appropriate City of Bozeman design specifications. Water Superintendent City of Bozeman, Montana DA TED this day of , A.D., 19 . C. Utilities. Underground utilities, if placed in the street right of way, shall be located between the roadway and the right-of-way line to simply 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 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 by utility firms in 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 I Health and Environmental Sciences, Division of Environmental Sanitation, as required by Sections 76-4-101 through 76-4-131, M.C.A., and all regulations adopted pursuant thereto, and are subject to the approval of the Governing Body (ies) . 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. ORDINANCE NO. 1220 17b 2. Each culvert or other drainage facility shall be large enough to accommodate potential run-off from upstream drainage areas. The minimum capacity of a culvert shall be equivalent to a circular diameter of eighteen inches. 3. Drainage system shall not discharge into any sanitary sewer facility. E. Street Signs. Street signs of the size, shape and height as specified by the City or County, whichever is applicable, shall be placed at all intersections. I Section 29 That Section 16.26.050 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 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 wi II include standard curb and gutter, paving, suitable grading, and an adequate storm sewer system. The pavement thickness design will be based on the Asphalt I nstitute Manual Series No.1 (MS-l) 8th Edition, published December 1969. A full depth asphalt design wi" be used on all new street construction in Bozeman. Suggested minimum designs for new streets are as follows: Design Traffic Number Less Than 1 0: Strictly 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, or arterial streets. I 3" asphalt wearing course, two lifts. 5" asphalt base, two lifts. 6" crushed gravel, same specifications as the light traffic section. B. Jurisdictional Area Subdivisions. Subdivision streets constructed within the City of Bozeman's three-mile extra-territorial 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 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 extra-territorial 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 and/or sanitary sewer collection systems and average lot sizes will be less than one (1) acre. Streets in subdivisions without central public or 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 I as soil conditions dictate. Such structural section design shall be based upon adopted city or county standards and pol icies. Section 30 That Section 16.28.020 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: ORDINANCE NO. 1220 175 16.28.020 Procedure. 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. I 1. Within the City of Bozeman and within three miles of the City of Bozeman: a. Two cloth backs; b. Two linen or mylar transparencies; c. Three paper prints. 2. Further than three mi les from the City of Bozeman: a. One cloth back; b. One linen or mylar transparency; c. Two 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 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. A professional disagreement as to 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 requires 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 16.38, and within ten days shall forward to the Governing Body(ies) or certify approval on a printed certificate on the Certificate of Survey if authorized to do so by the Governing Body(ies). For the purposes of this section, the governing body shall be the I County Commission for land located outside the corporate limits of the City of Bozeman, and it shall be the City Commission for land located within the corporate limits of the City of Bozeman. E. Approval by the Governing Body(ies). The Governing Body(ies) shall examine the claimed exemptions on every Certificate of Survey and within thirty days of the date of submission shall approve it if it meets the requi rements of these regulations. The Governing Body(ies) 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(ies) shall so inform, in writing, the person who submitted it within thirty 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(ies) or the Governing Body(ies). Section 31 I That Section 16.28.030 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.28.030 Information and Data. Certificates of Survey shall be legibly drawn with a permanent ink or printed or reproduced by a process guaranteeing a permanent record, and shall show or contain: A. Plat Si ze. 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 ORDINANCE NO. 1220 171 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. I 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 "plat," "subdivision," or any title other than "Certificate of Survey." 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 existing boundary 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 subdivisions and numbers of any adjoining certificates of survey previously recorded and ties thereto. 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. D. Survey Data. The survey data shall include: 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 I 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 traverse shall be given. 4. On curved boundaries and on all curves on the plat, sufficient data shall be given to enable the reestablishment 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. Section 32 That Section 16.28.060 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.28.060 Oaths. A memorandum of oaths administered pursuant to Section 76-3-405, M.C.A., shall be shown. Section 33 That Section 16.28.080 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.28.080 Time Limit on Filing. Within one hundred eighty (180) days of the completion of a survey, the registered land I surveyor responsible for the survey, whether he is privately or publicly employed, shall prepare and file for record a certificate of survey in the county in which the survey was made if the survey: 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. ORDINANCE NO. 1220 178 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. Section 34 That Chapter 16.29 of the Bozeman Municipal Code be and the same is hereby amended by adding the following sections: I CHAPTER 16.29 REVIEW OF DIVISIONS OF LAND CONSISTING EXCLUSIVELY OF PARCELS OF 20 ACRES AND LARGER 16.29.020 Review Procedure. Prior to the filing of any Certificate of Surveyor deed of conveyance composed of divisions of land consisting exclusively of parcels of 20 acres and larger, tbte Certificate of Survey shall be submitted to the Planning Office. 16.29.030 Standards. The Planning Office shall review the access and easements for compliance with the standards contained in the Bozeman Area Subdivision Regulations. Those standards shall include, but not be limited to, Sections 16.12.040,16.26.040 and 16.26.050 of the Bozeman Area Subdivision Regulations; however, dedication of rights of way shall not be required. 16.29.040 Recommendations. The Planning Director shall forward a written recommendation to the appropriate Governing Body(ies) within ten (10) days of receiving the Certificate of Survey. 16.29.050 Determination. Within thirty-five (35) days of the submission of the Certificate of Survey for review, I the Governing Body(ies) shall make a written determination as to the proper provision of appropriate access and easements. Such a written determination shall either state: A. That the access and easements are suitable for the purposes of providing appropriate services to the land; or B. That the access and easements are not suitable for the purpose of providing appropriate services to the land, in which case the county, the school district or districts, and other authorities and districts in which the land is located will not provide services that involve use of the unsuitable access and easements. Such services include: 1. Fire protection; 2. School busing; 3. Ambulance; 4. Snow removal; and 5. Similar services as determined by the Governing Body(ies). 16.29.060 Filing Requirements. The Governing Body(ies) shall deliver a copy of the determination of the review to the County Clerk and Recorder to be filed with the Certificate of Surveyor deed of conveyance of the land that was subject to review. 16.29.070 Redetermination of the Suitability of Access and Easements. The Governing Body(ies) may, upon application by a landowner, redetermine the I suitability of access and easements. If the Governing Body(ies) determines that there has been a material change regarding access or easements and the change provides for suitable access and easements for services, it may determine that such land is now suitable as provided in Section 16.29.050 and shall deliver a copy of such determination to the County Clerk and Recorder to be filed with the Certificate of Surveyor deed of conveyance. ORDINANCE NO. 1220 -----'-- 119 Section 35 That Section 16.30.030 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 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- I 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. Section 36 That Section 16.36.020 of the Bozeman Municipal Code be and the same is hereby amended to rel!td as follows: 16.36.020 Material Alterations. Amendments that materially alter the final plat shall be made by the filing of an amended plat, approved by the Governing Body(ies). Prior to such approval the amended plat shall be reviewed by the Planning Board. The Governing Body(ies) may not approve an amendment which will place the plat in nonconformance with the standards contained herein unless a public hearing is held 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 (name) subdivision," and the reason for the amendment shall be stated on the face of the plat. Section 37 That Section 16.36.030 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: I 16.36.030 Vacating Recorded Plats. Any plat prepared and recorded as required in this title may be vacated, in whole or in part, as provided by Section 7-5-2501, M.C.A. Easement shall remain to continue operation and maintenance of existing public utility facilities. Section 38 That Section 16.38.010 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.38.010 Procedures and General Requirements. A. Any person seeking exemption from the requirements of these regulations and/or the requirements of the Subdivision and Platting Act, Sections 76-3-101 through 76-3-614. M. C. A., shall furnish evidence of entitlement to the claimed exemption. Each person seeking an exemption shall be entitled to a hearing before the Governing Body (ies), at which time he shall present all available evidence in support of his exemption. B. If the exemption is approved by the Governing Body(ies), the Governing Body(ies) shall so certify 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(ies), and have been found to conform to the Subdivision and Platting Act, Sections 76-3-101 through 76-3-614, M.C.A., and the Bozeman City-County Subdivision Regulations. I DATED this day of , 19 . - (signature) Chairman, Board of County Commissioners Director of Public Works, City of Bozeman C. If the exemption is approved by the Planning Director on behalf of the Governing Body(ies), the Planning Director shall certify in a printed certificate on the Certificate of Survey. The certification shall read substantially as follows: ORDI NANCE NO. 1220 leu I, 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(ies), and have been found to conform to the Subdivision and Platting Act, Sections 76-3-101 through 76-3-614, M.C.A., and the Bozeman City-County Subdivision Regulations. DATED this day of , 19 . - (signature) I Director, Bozeman City-County Planning Board 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 exemption and only one use of an exemption shall be claimed per Certificate of Survey. Each newly created parcel less than twenty 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 executed prior to the effective date of these regulations. F. In addition to the criteria stated herein the local Governing Body(ies) 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. Section 39 I That Section 16.38.020 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.38.020 Exemptions. A. Exemption as a Gift or Sale to a Member of the Immediate Family. 1. 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 immediate family is to convey one parcel of land to each member of the landowner's family, providing that the use of the exemption creates no more than one additional parcel of less than twenty acres in size. 3. The Governing Body (ies) shall declare a second or subsequent fami Iy 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, lien or trust indenture; or c. The exempted parcel would leave more than one additional parcel of less than twenty acres. 4. When a second or subsequent use of this exemption is proposed to convey a parcel I 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 fami Iy; 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. ORDINANCE NO. 1220 181 B. Exemption as an Occasional Sale. 1. An occasional sale is one sale of a division of land within any twelve-month period. The twelve-month period commences upon sale of the division of land. 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(ies) shall declare a proposed division of land as an occasional I sale to be an evasion of the Act if it is determined that one or more of the followi ng conditions exist: a. The proposed new parcel is part of a parcel which was created under the 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; c. The exempted parcel would leave more than one additional parcel of less than twenty 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 twelve 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 (ies) and the transferee Iproperty owner, that the divided land wi II be used exclusively for agricultural 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 subdivision review. 3. Certificates of Survey showing the relocation of common boundary I ines must be accompanied by a quit claim 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(ies) shall declare a proposed relocation of common boundary lines to be an evasion of the Act if it determines that the documentation submitted does not support the stated reason for relocation. E. Aggregation of Lots. 1. The proper use of the exemption for aggregation of lots is to rearrange five or fewer lots within a platted subdivision and does not increase the total number of lots. 2. Any division of lots which results in an increase in the number of lots or which redesigns or rearranges six or more lots must be reviewed and approved by the Governing Body(ies) prior to the filing of the final plat. The plat shall contain the title "Amended Plat" and must be filed with the County Clerk and Recorder. I F. Security for Construction Financing. 1. The proper use of the exemption is to provide security for construction mortgages, I iens or trust indentu res. 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 b. The financing is for construction on land other than the exempted parcel. ORDINANCE NO. 1220 182 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. I 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 improvements on the parcel. 4. All instruments, including the statements described in subsection (F) (3) of this section, the deed creating the mortgage, lien or trust indenture on the transferred parcel, shall be fi led at the same time. G. Subdivisions created by rent or lease are exempt from the surveying and filing requirements of this Act but must be submitted for review and be approved by the Governing Body(ies) before portions thereof may be rented or leased. Section 40 That Section 16.40.020 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.40.020 Dedication or Consent. All plats of subdivision must contain a Certificate of Dedication or Certificate of Consent. In 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) (We), have caused to be surveyed, subdivided and platted into lots, blocks, I streets, and alleys, as shown by the plat and certificate of survey hereunto included, the following described tract of land, to-wit: ----- Desc ript ion----- (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; 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. DA TED this day of , A.D., 19 . - (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: -----Descri ption----- (Exterior Boundary Description of Area Contained in Plat and Total Acreage) I 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) ORDINANCE NO. 1220 183 Section 41 That Section 16.40.040 of the Bozeman Municipal Code be and the same is hereby amended to read as fol lows: 16.40.040 Cash-in-Lieu of Park. Where the park requirements are being waived in lieu of cash, plats of subdivision shall show the following certificate: I CERTIFICATE ACCEPTING CASH-IN-L1EU OF PARK DEDICATION Inasmuch as dedication of park land within the platted area of (Subdivision 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 County Commissioners, Gallatin County, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of Dolla rs, 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., and the Bozeman Area Subdivision Regulations. DATED this day of , A.D., 19 . - (Signature--Director of Public Service, City of Bozeman/or Chairman, Board of County Commissioners) Section 42 That Section 16.40.050 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 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 I, the undersigned, , [type or print name] (Professional Engineer and) Land Surveyor, do hereby certify that between , 19 , and , 19 , I surveyed and platted same as [name of subdivision] 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., and the Bozeman Area Subdivision Regulations. DA TED this day of , A.D., 19 . - [Signature--Printed or Typed Name] [Registration Number] Section 43 That Section 16.40.060 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.40.060 Improvements. Where improvements are to be installed prior to final plat approval, the plat of subdivision shall contain a Certificate of Installation of Improvements. The certifi- cate shall read as follows: CERTIFICATE OF INSTALLATION OF IMPROVEMENTS I, the undersigned, , do hereby certify that I between , 19 , and , 19 , the required improvements were installed in accordance with the approved plans and specifications. DATED this day of , A.D., 19 . - (Signature--Printed or Typed Name) (Registration Number) ( SEA L) ORDINANCE NO. 1220 ..-....-...-.- 181+ Section 44 That Section 16.40.070, Examining Land Surveyor (Certificate) of the Bozeman Municipal Code be and the same is hereby deleted in its entirety. Section 45 That Section 16.40.080 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 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, , Planning Director of the City-County Planning Board, have reviewed the accompanying plat and find that it conforms to the subdivision regulations of Sections 76-3-101 through 76-3-614, M. C. A. , DATED this day of , A.D., 19 . - Planning Director City-County Planning Board Section 46 That Section 16.40.090 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.40.090 Governing Body. The appropriate Governing Body(ies) shall certify approval of the plat of the subdivision. Said certificate shall read as follows: CERTIFICATE OF COUNTY COMMISSIONER/ OR DIRECTOR OF PUBLIC SERVICE I, the [Chairman of the Board of County Commissioners, Gallatin County I or Director of Publ ic Service, City of Bozeman], Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to law, approves it, and hereby accepts the dedication to publ ic use of any and all lands shown on the plat as being dedicated to such use. DATED this day of , A.D., 19_ . Chairman, Board of County Commissioners or Di rector of Public Service, City of Bozeman Section 47 That Section 16.40.100 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.40.100 Clerk and Recorder. All plats and certificates of survey shall show the following Certificate of Clerk and Recorder. CERTIFICATE OF CLERK AND RECORDER I, , Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office this day of , 19 , and recorded in Book , of Plat on Page , Records of the County Clerk and Recorder, Gallatin County, Montana. [Signature ] I Section 48 That Chapter 16.40 of the Bozeman Municipal Code be and the same is hereby amended by adding the following section: ORDINANCE NO. 1220 185 16 . 40 . 11 0 County Treasurer. The County Treasurer shall certify that no real property taxes assessed and levied on the land included in this area to be subdivided are delinquent. All plats of subdivisions and Certificates of Survey, except Mortgage Surveys, shall contain the following Certificate of County Treasurer: CERTIFICATE OF COUNTY TREASURER I I , , Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat or C.O.S. has been duly examined and that no real property taxes assessed and levied on the land to be sub- divided are delinquent. DATED this day of , A.D., 19 . - Treasurer of Gallatin County Section 49 That Section 16.42.020 of the Bozeman Municipal Code be and the same is hereby amended to read as follows: 16.42.020 Property Owners' Association. If common property is to be deeded to a property owners' association or similar instrument, 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, I 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. Section 50 That Section 16.42.030 of the Bozeman Municipal Code be and the same is hereby amended as follows: 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 agreement guaranteeing the construction and installation of all required improvements in conformance with all policies, 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 (ies) . I B. Security Guarantee. The subdivider shall provide a financial security guarantee from the following listed methods. However, the Governing Body(ies) shall review and approve the proposed method of security guarantee which may be subject to additional policies and requirements. 1. Special Improvement District. The Governing Body(ies) may enter into an agreement with the subdivider, and the owners of the property proposed for subdivision, if the subdivider is not the owner, to finance the installation of the required improvements through a special or rural improvement district created ORDINANCE NO. 1220 18G pursuant to Sections 7-12-2101 through 76-12-4612, M.C.A. If the subdivider elects to secure the improvements through the use of special or rural improvement districts, the final plat shall not be approved by the local Gove'rning Body(ies) until the development bonds have been sold and all construction contracts have been awarded. 2. Other Methods. For each of the following methods of security guarantee, the subdivider shall provide the guarantee in the amount of 150 percent of the I estimated total cost of the required improvements: a. Escrow Account. The subdivider shall deposit cash, or collateral readily convertible to cash at face value, either with the Governing Body(ies) 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(ies). Where an escrow account is to be employed, the subdivider shall file with the Governing Body(ies) his agreement with the bank guaranteei ng the following: (1) That the funds in the escrow account are to be held in trust until released by the Governing Body (ies) and may not be used or pledged by the subdivider as security for any obligation during that period. (2) 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. b. 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 guarantee period. The Governing Body(ies) 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 I other factors exist which wi II inhibit the Governing Body (ies) 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: (1) 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 ag reement shall be placed on file with the County Clerk and Recorder. (2) File with the Governing Body (ies) 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. (3) Execute and file with the Governing Body(ies) an agreement stating that the property to be placed in escrow as an improvement guarantee will not be used for any other purpose, or pledged as a security in any other matter until it is released by the Governing Body (ies) . c. Letter of Credit. Subject to the approval of the Governing Body(ies), the subdivider shall provide a letter of credit from a bank or other reputable I institution or individual. This letter shall be deposited with the Governing Body (ies) and shall certify the following: That the creditor guarantees funds in an amount equal to 150 percent of (1) the cost, as estimated by the subdivider and approved by the Governing Body(ies), of completing all required improvements. ORDINANCE NO. 1220 187 (2 ) 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. I (3) That this letter of credit may not be withdrawn, or reduced in amount, until released by the Governing Body(ies). d. Surety Performance Bond. The bond shall be executed by a surety company authorized to do business in the State of Montana and acceptable as a surety to the Governing Body(ies) 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(ies) . e. Any other method that may be acceptable to the Governing Body(ies). Section 51 Savings Provision. This ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 52 Severability. If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected I thereby. Section 53 Repealer. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. PROVISIONALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 6th day of October 1986. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission FI NALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 27th day of October 1986, and effective thirty (30) days after said date. I JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission ORDINANCE NO. 1220 188 State of Montana ) County of Gallatin : ss. City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 1220 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 30th day of October 1986 and due proof of such publications is on file in my office. I N WITNESS WHEREOF, I hereunto set my hand and aff~x the corporate seal of my office I this 26th day of November 1986. Clerk of the City Commission I . I ORDINANCE NO. 1220