HomeMy WebLinkAbout16- Ordinance 1959 Amending Sections 38.34.010 and 38.24.060 to Provide Standards for a Waiver from the Level of Service Required for Intersections ORDINANCE NO. 1959
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA AMENDING 38.34.010 AND 38.24.060,
BOZEMAN MUNICIPAL CODE TO PROVIDE STANDARDS FOR A
WAIVER FROM THE LEVEL OF SERVICE REQUIRED FOR
INTERSECTIONS
WHEREAS,the Bozeman City Commission has established a level of service "C" as the
required level of service for intersections; and
WHEREAS,the Bozeman City Commission desires to provide the Director of Public
Works authority to grant waivers from the level of service if certain criteria are met.; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That 38.24.060, BMC be amended as follows:
Sec. 38.24.060. - Street improvement standards.
A. All street improvements shall be designed by and constructed under the supervision of a
professional civil engineer, registered in the state, and shall meet or exceed the right-of-way
and construction standards adopted by the city (including but not limited to an adopted
transportation plan or specifications manual) and required for the type of street to be
constructed.
B. Plans and specifications for all public or private streets (including but not limited to curb,
gutter, storm drainage, street lighting and sidewalks), shall be provided to and approved by
the review authority. The developer shall provide professional engineering services for
construction inspection, post-construction certifications and preparation of Mylar record
drawings. The plans and specifications shall be approved and a preconstruction conference
shall be conducted before any construction is initiated on the street improvements.
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Ordinance 1959,Intersection Level of Service Waiver
1. Surfacing. A pavement design report, based upon specific site soil data and design-year
traffic loading conditions, prepared by a professional engineer, or other qualified
professional approved by the review authority, shall be submitted to the review authority
for approval prior to plan and specification submittal if using the self-certification process
or with the plans and specifications if using the standard process. Pavement design shall
be in accordance with the city design standards and specifications policy and the city
modifications to state public works standard specifications.
2. Alleys. In subdivisions where alleys are proposed, a 20-foot-wide right-of-way shall be
provided. The driving surface of the alley shall be 16 feet wide and shall be improved
with gravel.
a. Subdividers may elect to pave subdivision alleys provided that adequate stormwater
facilities are available.
b. Alleys shall be designed and constructed in accordance with the city design standards
and specifications policy and the city modifications to state public works standard
specifications, and subject to approval by the city engineer.
c. Alleys used for backing under 38.25.020.D shall be designed to provide the required
aisle width.
2. Traffic progression. Traffic progression will be of paramount importance. Consequently,
all potential intersections with signals will be placed on quarter-mile points unless
otherwise approved by the review authority.
3. Level of service standards. All arterial and collector streets and intersections with arterial
and collector streets shall operate at a minimum level of service "C" unless specifically
exempted by this subsection. Level of service (LOS)values shall be determined by using
the methods defined by the most recent edition of the Highway Capacity Manual. A
development shall be approved only if the LOS requirements are met in the design year,
which shall be a minimum of 15 years following the development application review or
construction of mitigation measures if mitigation measures are required to maintain LOS.
Intersections shall have a minimum acceptable LOS of"C"for the intersection as a whole.
a. Exception: If an intersection within the area required to be studied by section
38.41.060.A.12 does not meet LOS "C" and the intersection has been fully
constructed to its maximum lane and turning movement capacity, then an LOS of
less than "C" is acceptable.
b. Exception: The review authority may grant a waiver from a aeeept-an-LOS of less
than"C" at a specific intersection if the review authority determines:
1) granting of a waiver from the level of service for the intersection would not be
contrary to public health and safety and is in the public interest,
2) improvements to the intersection to raise the overall level of service to a"C" or
better are currently scheduled for commencement of construction within three(3)
years as shown on the most recently adopted Transportation Capital Improvement
Plan,
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Ordinance 1959, Intersection Level of Service fKaiver
3) all right of way necessary for the required intersection improvements have been
obtained by the City the Montana Department of Transportation; and
4) the Commission has approved a financing plan for the intersection improvements.
A waiver granted under this subsection is valid for the initial entitlement period of
the project and applies only to the real property for which the waiver is granted. A
request for the extension of the initial development approval relying upon an
intersection level of service waiver is a material modification to the application per
38.01.070.
c. If the review authority does not grant a waiver from the level of service standard
under 38.24.060.B.4,a subdivider or other site developer may request a variance from
the requirements of this section. If a variance is granted from the requirements of this
section, the variance applies only to the specific development proposal for which it
was granted and shall not be considered evidence for any other development
proposal.
(1) A z e to allow a loser T OS , appr-oved not more tha-, t yeafs pr-
the date an applieation for- development being feviewed is deteffflined to be
adequate f
-requestwas ;
(3) The eir-eumstances afe in the professional judgment of the review autherity
Section 2
That 38.34.010.E, BMC, be amended as follows:
E. Subject to 38.24.060,Tthe director of public works serviee shall review and upon
recommendation from the applicable advisory bodies as needed approve, approve with
conditions or deny the following development elements and processes:
1. A waiver of the requirement to extend water, sewer, and streets to the perimeter of
property being developed per section 38.23.070;
2. Water rights as authorized in 38.23.180;
3. Exceptions to the level of service standards established in 38.24.060.B.4;
4. Payment of cash in-lieu of capital facilities established in 38.39.070.C.
Section 3
Repealer.
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Ordinance 1959, Intersection Level of Service Waiver
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured,penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence,paragraph, subdivision, clause,phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid,the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This ordinance shall be codified as indicated in Section 1 —2.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 1959,Intersection Level of Service Waiver
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 241h day of October,2016.
C-*\ -
CARSON TAYLOR
Mayor
ATTEST:
ROBIN CROUCAP
City Clerk
FINALLY PASSED,ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 71h day of
November,2016. The effective date of this ordinance is December 7th,2016.
CARSON TAYLOR
Mayor
ATTEST:
' C'r�
� r
ROBIN CROUGH
City Clerk - L
APPROVED AS TO FORM:
GRE LLIVAN
City Attorney
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