HomeMy WebLinkAbout03-26-18 City Commission Packet Materials - A3. Ordinance 2002, Emergency Measure for Stormwater ComplianceCommission Memorandum
REPORT TO:
FROM:
SUBJECT:
Honorable Mayor and City Commission
Frank Greenhill, Stormwater Program Specialist
Kyle Mehrens, Stormwater Program Coordinator
Craig Woolard, Director of Public Works
Greg Sullivan, City Attorney Andrea Surratt, City Manager
Adoption of Ordinance 2002 – an Emergency Measure to Provide for
Increased Compliance with Stormwater Management and Construction
Standards
MEETING DATE: March 26, 2018
AGENDA ITEM TYPE: Action (Emergency Ordinance) (4/5 vote required)
RECOMMENDATION: We recommend the City Commission conduct a public hearing,
consider public comment, and move to adopt Ordinance 2002.
RECOMMENDED MOTION: I move to adopt Ordinance 2002 as an emergency measure
necessary to preserve the public peace, property, health, and safety of the City to be effective immediately.
BACKGROUND: This action item requests the City Commission adopt Ordinance 2002 as an
emergency measure. Adoption of an emergency measure requires a 4/5 vote of the City
Commission. Should the required 4/5 vote not be obtained we request the City Commission
adopt the ordinance by a simple majority vote allowing the ordinance to proceed pursuant to the standard process for ordinances requiring a second read and a 30-day effective period. The primary goal of the ordinance is to address immediately significant issues regarding compliance
with the City’s stormwater construction standards. We provide information regarding the
justification for the emergency ordinance below.
The City’s Montana Department of Environmental Quality (MDEQ) MS4 Stormwater Permit requires the City, through its Stormwater Division (Division), to administer a Construction Site
Management Program, including permitting in limited circumstances, inspection, and
enforcement of requirements. The purpose of MDEQ’s regulation is to, in part, confirm the City
meets its MS4 Stormwater Permit standard by requiring contractors/owners to control pollutants generated on construction sites. Contractors/owners mitigate pollutants through the use of industry-standard Best Management Practices (BMPs), such as silt fence, stabilized site accesses,
and spill kits. BMPs are designed to function during adverse weather conditions, such as rainfall
and snowmelt events.
In 2010 the City Commission adopted Ordinance 1763, implementing a stormwater management program and requiring certain types of development to comply with adopted standards. The City Commission has not adjusted these requirements since the creation of the stormwater utility and
staffing of the utility’s operations.
The majority of the construction industry consistently violates federal, state, and Bozeman
Municipal Code (BMC) stormwater requirements, resulting in the uncontrolled release of
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pollutants from active construction sites. Inadequately managed pollutants, such as sediment,
concrete waste, fuels, oils, trash, and wash waters, result in the following impacts:
1. Increase flood risk by clogging pipes, inlets, and HOA stormwater basins;
2. Impact waterways by degrading water quality and aquatic habitat;
3. Decrease residents’ quality of life by tracking debris and pollutants throughout
subdivision roadways and sidewalks impacting their use;
4. Increase community costs associated with storm sewer cleaning and street sweeping; and
5. Jeopardize the City’s ability to comply with MDEQ requirements.
Current Process
Over the past three years, we trained over 500 contractors/owners, developed educational
resources, and implemented the following submittal, review/approval, inspection, and
enforcement procedures. We attempted to complete this work in conjunction with the
construction industry with the goal of developing an effective program capable of reducing
systemic non-compliance.
Before discussing the current framework, it is important to note we believe the municipal code
does not provide for an adequate framework for a City permit program that will provide
enhanced compliance. For construction activity on sites over one acre, the City administers the
State's SWPPP permit program. For sites less than one acre, the City has implemented a permit
requirement under general authority in the construction activity provisions of the code, which requires construction activity to comply with the stormwater discharge standards. Unfortunately,
the City’s code does not specifically authorize the creation of a City permit program for sites
both over or under one acre. We believe it should.
We explain the current process for submittal and review of plans to manage stormwater for
construction activity below.
Current procedural steps include:
1. The current requirement for the submittal to the City for its review and approval of plans
for the management of stormwater during construction:
i. Require contractors/owners to complete upfront planning and selection of BMPs;
ii. Teach contractors/owners local, state, and federal requirements;
iii. Provide the City a tool to review and assess the adequacy of proposed plans, as well
as identify high-priority areas and potential conflicts (i.e., site access points,
impaired waterbodies, contaminated soils, high groundwater, etc.); and
iv. Offer the City a review mechanism when conducting field inspections, similar to
building permits, landscaping plans, and site plans.
We administer three distinct plan review categories dependent on the total disturbed area
for various development types, including commercial, utility, street construction,
subdivision, industrial, multi-family, and single-family home construction:
i. Projects Over One Acre: We use an MDEQ permit and form that adequately
communicates requirements and is authorized by BMC. Professional engineers typically prepare permits in 8-40 hours, depending on project size and complexity.
No BMC changes are necessary to maintain the current process although we
suggest adding a provision that specifically requires a City issued permit for these
project sites.
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ii. Projects Under One Acre: We use a City form that adequately communicates
submittal requirements; however, BMC does not explicitly authorize its use even
though versions have been in place for over ten years. Contractors/owners or
professional engineers typically prepare these forms in less than one hour. BMC clarification is necessary to develop a permit requirment for this development type
as described in the Proposed BMC Changes section of this report.
iii. Single-Family Residential Projects: We use a City self-certification form that does
not adequately communicate requirements neither does BMC explicitly authorize its
use. Contractors/owners typically prepare these forms in less than five minutes. BMC clarification is necessary to develop and implement a permit requirment for
this development type as described in the Proposed BMC Changes section of this
report.
2. Site Inspection: We complete a site tour, perimeter check, and paperwork review,
determining if BMC violations exist, basing priority on filed complaints, field observations, and contractor/owner compliance history. We document information in an
inspection report and sends to the contractor/owner. The current site inspection process is
working, and we plan to continue.
3. Notice of Violations: If applicable, we send a Notice of Violations letter to the
contractor/owner that includes alleged BMC violations, required corrective actions, compliance timeframe, and potential penalties if not resolved. Potential penalties include
a cease and desist order, notice to clean, civil action, and criminal prosecution. The
Notice of Violations process is working, and we plan to continue with modified penalties
as described in the Proposed BMC Changes section of this report.
4. Follow-Up Inspection: If applicable, we conduct follow-up inspections after the expiration of the compliance timeframe to determine if the contractor/owner has resolved
the BMC violations. We document information in an inspection report and sends to the
contractor/owner. This process has proven effective, and we plan to continue. If non-
compliance remains at this stage, we implement one or more penalties afforded by BMC
dependent on severity.
5. Public Nuisance Declaration: If applicable, we deem the site a public nuisance, hires a
third-party contractor to clean pollutants related to the BMC violations, and charges the
contractor/owner for the costs accrued. The Public Nuisance Declaration process is
effective at cleaning around sites but it places a burden on the City to coordinate cleanup
activities, does not provide timely violation repercussions, and fails to remedy non-compliance.
6. Notice of Penalty: If applicable, we send a Notice of Penalty to the contractor/owner that
includes a description of assessed penalties resulting from cleanup activities. We continue
cleanup efforts until the contractor/owner resolves BMC violations. This process is
currently not effective at recuperating cleanup costs borne by the City because of lien limitations described in the Proposed BMC Changes section of this report.
Our current process, which has been in place for over two years, is administratively burdensome
and ineffective at attaining compliance, evident by a random construction site audit completed in
March 2018 (Attachment B). Results show that 6% of active sites are compliant with the
stormwater construction activity standards, while the remaining 94% are not. Further, these results provide evidence that the egregious conditions experienced last building season are
happening again with little improvement even after our extensive efforts.
We believe the barriers impeding progress include:
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1. The current enforcement process takes too much time. One single-family residential
project can take over 20 hours to resolve non-compliance, and even after those efforts,
the recoupment of accrued costs is not likely to occur. Further, the extended process
reduces our ability to visit a reasonable percentage of sites annually. For example, we inspected 14 of 445 (2.4%) projects in 2017.
2. Enforcement penalties lack adequate consequence. Typically, when we inspects a site,
contractors/owners do what is necessary to avoid penalties for a short period; however,
conditions often deteriorate back to their pre-inspection state. Further, many
contractors/owners require an inspection before they implement their permit, install BMPs, or clean up their mess.
We believe this is the result of inadequate penalties, resulting in many contractors/owners
choosing to make a business decision not to comply because: (1) there is a low chance of
inspection, and (2) significant penalties are nonexistent. This mentality is detrimental and
will continue to propagate non-compliance if not shifted through targeted and consequential enforcement action on the City’s worst offenders.
3. Single-family homebuilders represent the City’s biggest challenge. Of the 29 single-
family projects visited during the construction site audit, we identified 97% to be
noncompliant. Many homebuilders disregard local requirements, do not prioritize
stormwater management, and are not well versed in BMP selection and installation. We has held numerous trainings for this group but has received limited interest.
The City's current process for single household construction requires homebuilders to
sign a self-certification, which comprises of a series of bulleted points followed by a
signature requirement. Little thought and no engagement with the us occurs, leading to
the lack of BMC compliance and BMP implementation.
We propose to implement a new permit, which requires homebuilders to plan, select, and
learn BMC requirements before construction starts. This permit is a similar but simplified
version of the over one acre and under one acre permits. A contractor/owner should be
able to complete the form in 10-15 minutes, which is a slight increase from the current
process. We believe this new form will improve homebuilder BMC understanding, cleanliness, and compliance (Attachment C).
4. Under one acre projects pose a significant risk to public infrastructure, HOA stormwater
basins, and impaired waterbodies. Most infill and redevelopment projects occurring
downtown do not exceed one acre, thus are not regulated by MDEQ’s requirements.
Runoff from these projects discharges directly to Bozeman and Mandeville Creeks because they are located in areas without modern storm sewer infrastructure.
Further, projects of this size on the west, north, and south sides of town are constructed in
existing developments that include HOA maintained stormwater basins. Pollutants
discharged from these sites render the City’s infrastructure and HOA stormwater basins
inoperable, with remediation costs then borne by the community and HOAs.
We believe it is critical to formalize the requirement for a contractor/owner to obtain a
permit that covers these under one acre projects to mitigate the potential risks outlined
above. In 2016, we revised the text-based permit to be simpler and easier to implement
(Attachment D). We are seeing raised awareness and increased engagement within this
sector as a result and plan to continue using the revised form.
Current Emergency Conditions
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We conclude that construction conditions have deteriorated to the point they are now adversely
impacting resident’s peace, health, safety, and general welfare. Factors precipitating this
determination include:
1. Systemic construction industry non-compliance with adopted standards continues to exist. Little to no improvement has occurred from previous years, which is setting the
City up for another detrimental spring thaw and wet weather season.
2. Significant active construction is occurring and expected to increase. We calculate that
over 300 noncompliant projects exist within the City, resulting in hundreds of tons of
sediment and other pollutants leaving noncompliant construction sites. The pollution is increasing community and HOA costs, impacting resident quality of life, degrading
waterways, and threatening the risk that the City could be found to be in non-compliance
with its MDEQ MS4 Stormwater Permit.
Authority to Adopt Emergency Measures
Pursuant to 2.02.140, BMC, the City Commission may adopt “emergency measures for the immediate preservation of the public peace, property, health, or safety, or providing for the usual
daily operation of a municipal department, in which the emergency is set forth and defined in the
preamble thereto.” The preamble (recitals) of the ordinance provide information related to the
emergency. Additional authority for adoption of the ordinance exists within state law. See 7-5-
4204, MCA. To adopt Ordinance 2002 as an emergency measure, four of the five commissioners must vote in favor of the ordinance.
Proposed BMC Changes (Ordinance 2002)
We propose to make critical changes to BMC, strengthening and clarifying its permitting and
enforcement authority to improve non-compliance resolution. We believe all changes included in
the ordinance are necessary as a comprehensive adjustment to the City’s stormwater compliance processes. The changes are not increasing contractor/owner requirements or financial burden beyond what the City requires under existing BMC. Proposed changes include:
1. Changes to Chapter 10, BMC (10.020.010 and the addition of a new penalty provision at
10.02.100): Adds language that gives the building inspectors authority to issue stop-work
orders and withhold issuance of a certificate of occupancy for violations of technical codes (i.e. building codes), the provisions of a building permit, UDC non-compliance, and non-compliance with chapter 40 of the municipal code, in particular, the City’s
stormwater standards. Also, the proposed addition clarifies those who are convicted of
violations of a model technical code or the provisions of a building permit are guilty of a
misdemeanor upon conviction.
Justification: Providing building inspectors authority to withhold a certificate of
occupancy and issue a stop work order for violations of the UDC and stormwater
standards will facilitate compliance as these sanctions have the potential to be more
significant to builders and property owners than the current sanctions, particularly for
stormwater. If compliance can be obtained by having building inspectors stop work on all aspects of a construction site until the stormwater violations are corrected, it will gain compliance. The same concept applies to withholding a certificate of occupancy. We
believe this will result in a reduction in Division resources required per enforcement
action.
2. BMC 40.04.070 - Definitions: Defines the Director of Public Works as the authority for enforcement of stormwater standards and includes a definition of “director” as used
throughout the stormwater article.
Justification: Provides the correct representation of Public Works’ operational structure.
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3. BMC 40.04.010. – Purpose and Intent: Adds language that further defines the purpose of
the stromwater article, including the issuance of penalties for non-compliance, and the
ability to implement a permit system for all development types.
Justification: Clarifies City permitting and enforcement authority.
4. BMC 40.04.350 – Required Construction Submittals/Permits/Fees: Adds language that
details construction stormwater permitting requirements, including projects over one
acre, less than one acre, and single-family residential home construction.
Justification: Currently, as stated above, the City does not have direct permitting
authority in the BMC for sites less than one acre. We believe including a specific requirement is necessary for all development resulting in a ground disturbance that has the potential to cause pollution into the City’s MS4 system, or waterways to aquire a
permit from the Director of Public Works. The rationale for this determination is
described in the previous sections of this report.
This section also authorizes the development of a fee for construction stormwater permits, which we have no plans to implement but may in the future. Finally, it provides that by submitting an application for a permit, a property owner consents to the City
filing a lien for non-paid abatement costs and withholding the issuance of a certificate of
occupancy for the building permit, and recognizing violations of stormwater
requirements can lead to the issuance of a stop work order for all construction activity on the site.
5. BMC 40.04.370 – Construction activity on less than one acre: Delete nonspecific
language.
Justification: Clarifies City authority for projects less than one acre.
6. BMC 40.04.910 – Violations constituting misdemeanors: Delete nonspecific language and add $500 per occurrence penalty.
Justification: Current misdemeanor language does not specify a monetary amount. The
amendments bring the violation section in line with other violation/penalty provisions
throughout the BMC.
7. BMC 40.04.950 – Administrative Enforcement Powers: Reorganizes and clarifies section. Expedites lien process.
Justification: Allows cost causer to be the cost payer in cases of nonconformity and
abatement. The City’s current option for filing liens for unpaid abatement charges is to
wait until all City liens are filed for non-payment, including snow removal, sidewalk
repairs, etc. This occurs in September of each year. In the context of enforcing stormwater requirements, if a contractor/owner disregards notices of violation and does not take steps to clean sites to avoid pollutants entering the stormwater system the City
must. If the City cleans a site and bills the contractor/owner for such costs, by the time a
lien is placed under the current system, the property has most likely changed hands to the
builder’s customer. Our suggestion to provide a shorter timeframe for compliance with abatement orders and, where a contractor/owner ignores such orders, a shorter timeframe for recording a lien. We believe this shorter time frame may ensure the lien is identified
by the purchaser prior to closing – resulting in the contractor/owner needing to remove
the lien by payment to the City of the costs of abatement.
Conclusion
The proposed changes support improved permitting and enforcement necessary to resolve infrastructure, waterway, and quality of life degradation. These changes will not impact
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contractors/owners who work with the Division to find solutions and make an honest attempt to
comply with existing BMC; however, will affect the worst offenders who fail to take
responsibility, evade BMC, and do not clean up after themselves.
Inaction by the City Commission will result in a stagnation of progress, conflicting with the goals established at the time of the Division’s creation.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: None
Attachments: Attachment A - Ordinance 2002 Attachment B - 2018 Construction Site Compliance Audit Report
Attachment C - Proposed Single-Family Residential Const. Stormwater Permit
Attachment D - Proposed Less than One Acre Construction Stormwater Permit
Report compiled on: March 15, 2018
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Page 1 of 12
ORDINANCE NO. 2002
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA AMENDING CHAPTERS 10 AND 40 OF THE BOZEMAN
MUNICIPAL CODE TO ENSURE COMPLIANCE WITH STORMWATER
CONSTRUCTION STANDARDS, CLARIFY CRIMINAL PENALTIES APPLY TO
VIOLATIONS OF ORDERS OF BUILDING INSPECTORS AND STORMWATER
STANDARDS, REQUIRE STORMWATER PERMITS FOR CERTAIN TYPES OF
CONSTRUCTION, AND PROVIDE FOR ABATEMENT LIENS AND AN IMMEDIATE
EFFECTIVE DATE
WHEREAS, Pursuant to Section 2.01 of the Bozeman City Charter, all powers of the City
are vested in the City Commission; and
WHEREAS, Section 2.02.140 of the Bozeman Municipal Code authorizes the
Commission by an affirmative vote of four-fifths of its members to pass emergency measures for
the immediate preservation of the public peace, property, health, or safety and which ordinance
may take effect the time indicated therein; and
WHEREAS, the City operates pursuant to its Charter and self-governing powers and is
authorized to exercise any power not prohibited by the constitution, law or charter; and
WHEREAS, 7-5-4204, MCA, authorizes the Commission by a two-thirds vote to adopt
emergency measures if the same are immediately necessary for the preservation of peace, health,
and safety; and
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Ordinance 2002 (Emergency), Providing for Increased Compliance with Stormwater Management and Construction Standards
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WHEREAS, the city’s Municipal Separate Storm Sewer Permit (MS4) requires the City
to adopt provisions protecting water quality from stormwater runoff into the city’s municipal
stormwater drainage system; and
WHEREAS, the city adopted standards, has conducted numerous trainings, and has sought
voluntary compliance with such standards yet the construction industry’s compliance with the
City’s adopted stormwater construction standards is not meeting the city’s requirements for its
MS4 permit or the city’s goals for protecting water quality, property including property owner
association maintained stormwater basins, the city’s street and stormwater infrastructure, or the
health and safety of its residents as demonstrated by the city’s public works department during a
presentation given on March 26, 2018; and
WHEREAS, the city’s public works department has documented significant impacts to
the city’s stormwater facilities and other public infrastructure such as stormwater basins from non-
compliance of the city’s stormwater standards; and
WHEREAS, additional regulatory measures are needed to ensure property owners and
construction contractors comply with the city’s adopted stormwater construction standards to
prevent pollutants from unnecessarily entering the city’s watercourses which will affect water
quality and degrade aquatic habitats potentially causing impacts to public health, impacting
property, and requiring investment of public monies to restore infrastructure and waterways;
WHEREAS, additional regulatory measures are needed to protect significant investments
in public and private stormwater control infrastructure from unnecessarily being clogged by
uncontrolled stormwater discharges from construction sites;
WHEREAS, additional regulatory measures are need to protect the quality of life for
Bozeman’s residents from the unnecessary tracking of silt, mud, and other debris from construction
sites into public rights of way, across private property, and have such silt, mud and other debris
negatively affect the public peace and general welfare; and
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Ordinance 2002 (Emergency), Providing for Increased Compliance with Stormwater Management and Construction Standards
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WHEREAS, additional regulatory measures are needed to ensure the city continues to
comply with the Montana Department of Environmental Quality’s conditions for the city’s
municipal stormwater (MS4) permit; and
WHEREAS, after a winter of heavier than average snowfall, it is reasonable to expect high
levels of surface water runoff across frozen or snow covered ground in the month of April, 2018
and without the provisions of this ordinance becoming effective immediately significant impacts
to the city’s stormwater management system, public street infrastructure, water quality will occur
that may costs the city’s residents money to clean and restore such infrastructure; and
WHEREAS, all portions of this ordinance are necessary and work in unison to protect the
peace, public health, safety, and general welfare of the city.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
The following subsections shall be added to 10.02.010, BMC (Model technical codes and
administrative rules):
C. Authority to withhold certificate of occupancy. In addition to other authority provided by
any model technical code adopted under the authority of this chapter, a building official
of the city may withhold the issuance of a certificate of occupancy when the available
evidence shows the structure and associated development does not conform with the
standards and requirements of the following:
1. any model technical code, as such may be amended by the city;
2. the provisions of a building permit;
3. chapter 38 of this code; and
4. chapter 40 of this code or a permit issued pursuant to chapter 40 including failure
to pay costs of abatement as ordered pursuant to 40.04.950.
Once the nonconformity has been resolved to the satisfaction of the building official, a
certificate of occupancy may be issued.
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D. Authority to issue stop work orders. In addition to authority granted under this code and
under any applicable model technical code adopted under the authority of this chapter, a
building official of the city may issue an order requiring any owner, contractor,
subcontractor, or any other person performing work pursuant to a permit issued under this
chapter to immediately stop all work of any kind related to the permit when the available
evidence shows the structure and associated development does not conform with the
standards and requirements of:
1. any model technical code, as such may be amended by the city;
2. the provisions of a building permit;
3. chapter 38 of this code; and
4. chapter 40 of this code or a permit issued pursuant to chapter 40 including failure
to pay costs of abatement as ordered pursuant to 40.04.950.
Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed by the city to perform to remove a
violation or unsafe condition, shall be subject to the penalty provision of 10.02.100. The
issuance of a stop work order cancels any pending inspections. The city will not inspect
any work other than work necessary to correct nonconformity until the stop work order is
lifted.
Section 2
Section 10.02.010.C is repealed in its entirety.
Section 3
A new section 10.02.100, BMC (Violation/Penalty) is added to read as follows:
In addition to the provisions of any adopted model technical code, any person, firm or
corporation, their agents or servants, who violates any of the provisions of this chapter, the
provisions of a building permit, or the provisions of any model technical code adopted
pursuant to this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine in any sum not exceeding $500 and in addition shall pay all costs
and expenses of the case. A separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
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Section 4
Wherever in Chapter 40, Article 4 of this code the code refers to the city engineer such
reference shall be replaced with director as is defined by section 5 of this Ordinance.
Section 5
The following definition is added to 40.04.070, BMC, to be placed in alphabetical order within
the current definitions and with the numbering of all other definitions adjusted in accordance
with such addition.
“Director” shall mean the director of the city’s public works department.
Section 6
Section 40.04.010, BMC, (Purpose and Intent) is amended as follows:
A. The purpose and intent of this article is to:
1. Protect and enhance the water quality of Bozeman Creek, the East Gallatin River,
water bodies, groundwater and wetlands in a manner pursuant to and consistent
with the Clean Water Act of 1972 and the US EPA Phase II Stormwater Regulations.
2. Minimize non-stormwater discharges to storm drains and minimize pollutants in
stormwater discharges.
3. Provide design, construction, operation, and maintenance criteria for permanent
and temporary on-site stormwater management facilities to control stormwater runoff.
4. Establish legal authority to conduct inspections, surveillance, monitoring, and
enforcement procedures necessary to ensure compliance with this article.
5. Establish legal authority to develop, implement, and enforce a program to reduce
pollutants in stormwater runoff from construction activities. 6. Establish legal authority to develop, implement, and enforce a program to address
stormwater runoff from new developments and redevelopment projects and provide
for the issuance of penalties for violations of this article.
7. Provide an equitable distribution of cost for the program including but not limited
to the fee schedule in accordance with "Rates for Storm Sewers" as hereafter established by commission resolution.
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8. Provide for the issuance of a permit system for construction activities occurring
within the city to meet the purposes and intents of this article.
Section 7
Sec. 40.04.350 (Required construction submittals) is amended as follows:
Sec. 40.04.350. - Required construction submittals/Permits/Fees.
A. Any construction activity within the city's MS4 area shall must comply with the provisions
of this article, the city's Stormwater Master Management Plan, and the currently adopted
State of Montana’s General Permit for Stormwater Discharges Associated with
Construction Activities state's construction general permit for stormwater discharges associated with construction activity, MCA 75-5-101, and the Administrative Rules of
Montana (ARM 17.30.1101; 17.30.1301 et seq. and ARM 17.30.601 et seq.). The city will
require, at a minimum, an executed copy of the state standard notice of intent (NOI) form
for a stormwater discharge associated with construction activity under the General Permit
and a Stormwater Pollution Prevention Plan (SWPPP), and a notice of termination (NOT) for construction sites either one acre or larger, for each phase of a construction site that
exceeds one acre, or within 50 feet of any watercourse including irrigation and stormwater
ditches for construction sites of less than one acre.
B. The city may require Aany person performing support activities related to a construction
site (e.g., concrete or asphalt batch plants, equipments staging yards, material storage areas, etc.) within the city's MS4 area may require to provide the following: NOI, SWPPP, NOT,
similar to the requirements of construction activity provided that:
1. The support activity is not a commercial operation serving multiple unrelated
construction projects and does not operate beyond the completion of the
construction activity;
2. Appropriate controls and measures are identified in the SWPPP for discharge from support activity;
3. The support activity disturbs an area that is one acre or greater in size or is within
50 feet of any watercourse
C. In accordance with the state's reporting requirements the property owner shall also notify the city when there is any facility contact change, any spill or release, any finding that there has been non-compliance with the SWPPP.
D. The city shall conduct all inspections of any construction activities requiring a SWPPP and
for city permits required under this article for all work within the MS4 area.
E. The city will enforce the requirements under the state's general permit for stormwater discharges associated with construction activity in whole or in part determined by the city's
enforcement agent.
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F. As required by the director, Tthe owner shall retain completed and signed copies of the
NOI, MDEQ's confirmation letter for receipt of the NOI package, and a SWPPP at the construction activity project site at all times during the coverage period. If the operator does not maintain a permanent office or building at the project site, copies of these
documents shall be retained at the operator's office and shall be brought to the project site
by the operator responsible for implementation of the SWPPP.
G. Upon failure of the owner to take corrective actions on, or prior to, a required date of a reported or observed spill or the potential to release pollutants, including sediment, into the stormwater system, public right-of-way, private infrastructure, or state waters, the city may
either perform the corrective work or employ contractors to do the same. The owner shall
reimburse the city for all expenditures pertaining to the corrective action.
H. The city's enforcement agent and an official of the city’s building division has the authority to issue a stop work order pursuant to the remediation of a current violation or the potential of a violation of this article.
I. Permission to enter. The city's enforcement agent, and an official of the city’s building
division may conduct such investigations, examinations and site evaluations as they deem
necessary to verify the information supplied or the execution of approved work. The submission of material for review and for a required permit shall constitute a grant of
permission to enter the subject property. The grant of permission shall continue until all
final actions required by the approval permit process have been completed including any
follow up monitoring. The permission to enter extends to contractors working on the city's
behalf.
J. All construction activities within the city must comply with the following and obtain a
permit from the director prior to the commencement of any construction activities on the
site or issuance of a building permit, whichever is earlier, by submitting any application
materials required by the director as follows:
1. Sites where construction activities will disturb one acre or greater: All construction activities where construction activities will disturb one acre or greater
must comply with the requirements of this article and the permit issued by the
director. The owner of property where such work will be commenced must obtain
a permit for such work from the director by providing materials required by the
director, an executed copy of the state’s NOI, the SWPPP, other documents such as but not limited to a state issued dewatering permit and, upon completion, a NOT.
2. Sites less than one acre where multi-household, commercial, or industrial
development is occurring: All construction activities on sites less than one acre in
size for the development of multi-household, commercial, or industrial
development must submit the permit application materials required by the director and comply with the requirements of this article and the requirements of the permit
issued by the director. The director may authorize construction activities for multi-
household, commercial, or industrial development disturbing less than 10,000
square feet to submit a permit under 40.04.350.J.3.
3. Sites less than one acre where single-household development is occurring: All construction activities on sites less than one acre for the construction of single-
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Ordinance 2002 (Emergency), Providing for Increased Compliance with Stormwater Management and Construction Standards
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household structures must submit the permit application materials required by the
director and comply with the requirements of this article and the requirements of the permit issued by the director.
K. The city may charge a fee for permits issued under this article pursuant to a fee schedule
adopted by resolution of the commission.
L. By applying for a permit as required by this article, a property owner consents to the city
filing a lien for non-payment of abatement costs and withholding the issuance of a certificate of occupancy for a building permit pursuant to 10.02.010.D, or issuing a stop work order for a building permit under the authority of this article or pursuant to
10.02.010.E any for violation of this article or a permit issued under this article.
Section 8
Section 40.04.370, BMC (Construction activity on less than one acre) is amended as follows:
The city may apply this article in whole or in part for construction sites or lots that are less
than one acre if it is determined that appropriate good housekeeping practices or best management
practices are not being implemented to minimize impacts such as, but not limited to, erosion and sediment transport into public rights-of-way or any adjoining property that causes stormwater
runoff that exceeds pre-construction activities. The provisions of this article and the permit
required pursuant to 40.04.350 apply to all construction activities occurring on sites less than one
acre.
Section 9
Section 40.04.910, BMC (Violations constituting misdemeanors) is amended as follows:
The knowing Any person, firm or corporation, their agents or servants who violates any
provision or requirement of this article or of a permit issued pursuant to this article, or knowing
failure to comply with any of the mandatory requirements of this article shall be guilty
of constitute a misdemeanor. and, upon conviction thereof, shall be punished by a fine not
exceeding $500.00 and in addition shall pay all costs and expenses of the case. A separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues.
Section 10
Section 40.04.950, BMC (Administrative enforcement power) is amended as follows:
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Ordinance 2002 (Emergency), Providing for Increased Compliance with Stormwater Management and Construction Standards
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A. In addition to the other enforcement powers and remedies established by this article, any
city enforcement agent has the authority to utilize the following administrative remedies:
1. Cease and desist orders/stop work orders. When a city enforcement agent finds that a violation discharge has taken place or is likely to take place in violation of
this article, the agent may issue an order to cease and desist
such violation discharge, or practice, or operation likely to cause such
violation discharge and direct that those persons not complying shall must:
a. Comply with the requirements of the enforcement agent, the provisions of this article and a permit issued pursuant to this article;
b.Comply with a time schedule for compliance as required by the enforcement
agent; , and/or
c. Take appropriate remedial, corrective, or preventive action as required by the enforcement agent to prevent the violation from continuing or recurring; and
d.Order a property owner, contractor, or any other person responsible for or
appearing to conduct work of that may have conducted work that may be
in violation of the provisions of this article to immediately stop all work
related to any violation until any such violation has been corrected or
abated or until any costs of abatement borne by the city have been paid to
the city.
2. Notice to cleanAbatement order. Whenever a city enforcement agent finds
any construction debris, pollutants, oil, earth, dirt, grass, weeds, dead trees, tin cans,
rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk
abutting or adjoining any parcel of land, or upon any parcel of land or grounds,
within a public or private right of way or street, alley, parking lot, located on neighboring parcels, or in close proximity to any open drain or ditch channel, which
may result in an increase in pollutants or any of the items listed herein entering the
storm drain or a non-stormwater discharge to the storm drain, such agent may give
notice issue an order to abate, remove and lawfully dispose of such material in any
manner that the agent reasonably may provide. The recipient of such notice shall undertake the activities as described in the notice within the timeframes set forth therein. In the event the owner or operator of a facility fails to conduct the activities
as described in the notice, the city engineer may cause such required activities as
described in the notice to be performed, and the cost thereof shall be assessed and
invoiced to the owner of the property. If the invoice is not paid within 60 calendar days, a lien shall be placed upon and against the property.
3. Invoice; notice of intent to file nuisance abatement lien. In the event the owner or
operator of a facility fails to conduct the activities as described in the abatement
order, the enforcement agent may cause such required activities as described in
the order to be performed, and the cost thereof shall be assessed and invoiced to
the owner of the property with a notice that failure to pay the costs assessed and
invoiced within 30 calendar days will result in a nuisance abatement lien being
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Ordinance 2002 (Emergency), Providing for Increased Compliance with Stormwater Management and Construction Standards
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recorded against the property. The notice must be served on the owner according
to the procedures set out in 16.02.080.
4. Statement of costs. The enforcement agent must, after completing the abatement,
file a statement of costs with the department of finance. Assessment of the costs
must follow the procedures in 16.02.120.
5. Recording Creation of lien; lien release.
a. After notice of nuisance abatement lien has been served on the property
owner, the city may file a lien against the property for the costs assessed
and invoice the owner of the property pursuant to 40.04.930 and 40.04.950
if the owner or the owner’s agents fail to pay costs assessed and invoiced
within 30 calendar days of the date the city mailed the invoice to the
owner of the property.
b.The nuisance abatement lien must specify the amount of the lien, that the
lien is imposed on behalf of the city, the date of the abatement order, the
street address and legal description of the property on which the lien is
imposed, and the name and address of the recorded owner of the parcel.
c. The city may file such lien in the records of the Gallatin County Clerk and
Recorder.
d.Pursuant to 40.04.350.L, the owner of property subject to submittal of a
permit required by this article consents to filing of such a lien.
e. The city must file a document evidencing the satisfaction of such lien
within 30 days after the date the lien is satisfied.
Section 11
Repealer.
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.
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Ordinance 2002 (Emergency), Providing for Increased Compliance with Stormwater Management and Construction Standards
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Section 12
Savings Provision.
This ordinance does not affect penalties that were incurred or proceedings that commenced
prior to the effective date. All sections of this ordinance other than the permit requirement in
Section 7 (40.04.350.J) are applicable to building permits or approved stormwater construction
management plans approved prior to the effective date. In addition, 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 13
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 14
Codification.
This Ordinance shall be codified as indicated in Section 1 - 10.
Section 15
Effective Date.
This ordinance shall be in full force and effect immediately upon passage on the 26th day
of March, 2018.
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Ordinance 2002 (Emergency), Providing for Increased Compliance with Stormwater Management and Construction Standards
Page 12 of 12
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, as an emergency measure at a regular session held on the 26th day of March,
2018 by a vote of ____ in favor and ____ opposed.
___________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST:
____________________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
65
2018 Construction Site Compliance Audit Report
Staff performed the Annual Construction Site Compliance Audit on March 12, 2018 and March 14, 2018
using methods described in the City of Bozeman and Montana State University Stormwater Management
Plan: 2017-2021 MS4 General Permit Term (v. 9). During the audit, Staff evaluated 50 active
construction sites for compliance with the Bozeman Municipal Code (BMC) Sec. 40.04.360 – Stormwater
Management, examining best management practices (BMPs) designed to control pollutants during rainfall
and snowmelt events. Evaluation criteria included:
1. Implementation: Whether BMPs were present or absent.
2. Adequacy: Whether BMP types and scales were appropriate for site conditions.
3. Installation: Whether BMPs were installed according to industry standard specifications.
4. Maintenance: Whether BMPs were in good working order.
After evaluation, Staff placed each construction site into one of the following compliance categories:
1. Compliant Construction Site (1 Point): Meets all criteria.
2. Noncompliant Construction Site (0 Points): Does not meet all criteria.
Staff determined 94% of construction sites to be noncompliant, resulting in an average score of 0.06
points. Staff further separated the construction sites into the following categories:
Figure 1. 2018 Construction Site Compliance Audit Results.
Audit takeaways include:
1. Less than one acre and single-family residential projects exhibited the lowest scores.
2. Contractors/owners are not adequately implementing approved construction stormwater permits.
3. Minimal contractor/owner compliance effort occurs unless the threat of enforcement exists.
4. The audit results are an accurate representation of compliance rates citywide.
5. Noncompliance negatively impacts infrastructure, waterways, and residents.
A picture, description, and score for each site audited is included. Staff plans to duplicate this effort
annually, comparing annual averages and using the results to evaluate, communicate, and determine the
need for future initiatives and stricter policy to improve construction site compliance.
Greater than One Acre
Compliant
Noncompliant
88%
16 Total Sites
Single-Family Residential
Compliant
Noncompliant
29 Total Sites
Less than One Acre
Compliant
Noncompliant
5 Total Sites 12%
100% 97%
3% 0%
66
Site Number: 1 Date: 3-12-18 Score: 0
Description: Greater than One Acre Site, No BMPs
Site Number: 2 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
67
Site Number: 3 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 4 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
68
Site Number: 5 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 6 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
69
Site Number: 7 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 8 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
70
Site Number: 9 Date: 3-12-18 Score: 0
Description: Greater than One Acre Site, Inadequate BMPs
Site Number: 10 Date: 3-12-18 Score: 0
Description: Greater than One Acre Site, Inadequate BMPs
71
Site Number: 11 Date: 3-12-18 Score: 1
Description: Single-Family Residential Site, Adequate BMPs
Site Number: 12 Date: 3-12-18 Score: 0
Description: Less than One Acre Site, No BMPs
72
Site Number: 13 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 14 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
73
Site Number: 15 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 16 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
74
Site Number: 17 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 18 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
75
Site Number: 19 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 20 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
76
Site Number: 21 Date: 3-12-18 Score: 0
Description: Greater than One Acre Site, Inadequate BMPs
Site Number: 22 Date: 3-12-18 Score: 0
Description: Greater than One Acre Site, Inadequate BMPs
77
Site Number: 23 Date: 3-12-18 Score: 0
Description: Greater than One Acre Site, No BMPs
Site Number: 24 Date: 3-12-18 Score: 0
Description: Greater than One Acre Site, No BMPs
78
Site Number: 25 Date: 3-12-18 Score: 1
Description: Greater than One Acre Site, Adequate BMPs
Site Number: 26 Date: 3-12-18 Score: 0
Description: Greater than One Acre Site, No BMPs
79
Site Number: 27 Date: 3-12-18 Score: 0
Description: Less than One Acre Site, Inadequate BMPs
Site Number: 28 Date: 3-12-18 Score: 0
Description: Less than One Acre Site, Inadequate BMPs
80
Site Number: 29 Date: 3-12-18 Score: 0
Description: Less than One Acre Site, No BMPs
Site Number: 30 Date: 3-12-18 Score: 1
Description: Greater than One Acre Site, Adequate BMPs
81
Site Number: 31 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 32 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
82
Site Number: 33 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 34 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
83
Site Number: 35 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 36 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
84
Site Number: 37 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 38 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
85
Site Number: 39 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 40 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, Inadequate BMPs
86
Site Number: 41 Date: 3-12-18 Score: 0
Description: Less than One Acre Site, No BMPs
Site Number: 42 Date: 3-12-18 Score: 0
Description: Greater than One Acre Site, Inadequate BMPs
87
Site Number: 43 Date: 3-12-18 Score: 0
Description: Greater than One Acre, No BMPs
Site Number: 44 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
88
Site Number: 45 Date: 3-12-18 Score: 0
Description: Greater than One Acre Site, Inadequate BMPs
Site Number: 46 Date: 3-12-18 Score: 0
Description: Greater than One Acre Site, Inadequate BMPs
89
Site Number: 47 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
Site Number: 48 Date: 3-12-18 Score: 0
Description: Single-Family Residential Site, No BMPs
90
Site Number: 49 Date: 3-14-18 Score: 0
Description: Greater than One Acre Site, Inadequate BMPs
Site Number: 50 Date: 3-14-18 Score: 0
Description: Greater than One Acre Site, Inadequate BMPs
91
All single-family residential projects less than one acre are required to submit this application and receive an approval
letter before initiating construction activities. The City of Bozeman's agent will review, determine adequacy, inspect, and
enforce all provided information. Failure to meet City of Bozeman's requirements will result in violations and enforcement
action consistent with the City's Municipal Code and Enforcement Response Plan (ERP) including but not limited to issuing
a Stop Work Order and/or withholding Certificate of Occupancy. There is no fee associated with this permit. This plan is
active upon approval and terminated upon the receipt of a Certificate of Occupancy.
Section 1 – Applicant Information
1. Owner: Company:
Phone: Email:
Address: City: State: Zip code:
2. Contractor: Company:
Phone: Email:
Address: City: State: Zip code:
Section 2 – Project Information
Project Type (Circle): a. New b. Remodel c. Addition d. Demo Land Disturbance (SqFt):
Project Address:
Section 3 – Project Schedule
Start Date: Final Stabilization Date:
Section 4 – Site Map
1. Applicant agrees to install Best Management Practices (BMP) per the layout below prior to beginning land
disturbance activities: Initial______
Stormwater Division
P.O. Box 1230
Bozeman, Montana 59771
(406) 582-2270
Construction Stormwater Permit
Single-Family Residential
92
Section 5 – Required Stormwater Controls
**Use the City of Bozeman’s Best Management Practice (BMP) Manual to select required controls.**
1. Protect inlets: Inlets receiving site runoff require BMPs that filter stormwater before flowing into underground
infrastructure. Check all that apply. **Rock bags are not an approved option**Approved options include:
☐ Pre-Manufactured Drop Inlet Protection with Curb Throat Protection
☐ Other: _______________________________________________________________________________________
2. Contain disturbed areas: Project boundaries adjacent to public right-of-ways require BMPs that control stormwater
flowing from disturbed areas. Check all that apply. **Low to grade is not an approved option** Approved options
include:
☐ Silt Fence
☐ Foam or Straw Wattle
☐ Other: _______________________________________________________________________________________
3. Mitigate tracking: Exit points require BMPs that prevent the tracking of debris off-site onto the right-of-way. Check
all that apply. Approved options include:
☐ Gravel Sub-base Underlain with Fabric
☐ Other: _______________________________________________________________________________________
4. Control concrete waste, slurry, and other masonry wash waters: Concrete activities require BMPs that allow for the
capture and disposal of generated pollutants to prevent environmental contamination. Check all that apply.
Approved options include:
☐ Reusable or Disposable Product ☐ Concrete Cutting Slurry Vacuum
☐ Other: _______________________________________________________________________________________
5. Manage dewatering flows: Pumping activities require BMPs that filter water before entering underground
infrastructure or waterways. Check all that apply. Approved options include:
☐ Land Application
☐ Deep Well Point
☐ Flocculant Treatment System
☐ Other: _______________________________________________________________________________________
6. Stabilize disturbed areas: Disturbed areas require BMPs that prevent erosion of barren ground once construction is
complete. Check all that apply. Approved options include:
☐ Sod
☐ Other: _______________________________________________________________________________________
7. Check which of the following will be utilized:
☐ Street Sweeping: Frequency:___________________
☐ On-Street Parking
☐ On-site Spill Kit
Section 6 – Acknowledgment Certificate
I certify that I am the Owner or Owner’s Authorized Agent. If acting as an Authorized Agent, I further certify that I am
authorized to act as the Owner’s Agent regarding the property at the above-referenced address for the purpose of
filing applications for decisions, plans, or review under the City of Bozeman Ordinance #1763 and #2002 have full
power and authority to perform on behalf of the Owner all acts required to enable the City to process and review such
applications. I certify that the information on this application is true and correct and understand that I shall not start
this project until this application is approved by the City of Bozeman. I shall comply with the laws of the State of
Montana and the Ordinances of the City of Bozeman.
By checking this box, I acknowledge that non-compliance with the aforementioned laws and ordinances may result
in a stop work order, withholdment of certificate of occupancy, or a lien filed against the property.
___________________________________ ______________________________________
Signature of Legally Responsible Person Date
___________________________________ ______________________________________
Printed Name Title
93
All multi-family, commercial, utility, demolition, and paving projects less than one acre are required to submit this
application and receive an approval letter before initiating construction activities. The City of Bozeman's agent will review,
determine adequacy, inspect, and enforce all provided information. Failure to meet City of Bozeman's requirements will
result in violations and enforcement action consistent with the City's Municipal Code and Enforcement Response Plan
(ERP) including but not limited to issuing a Stop Work Order and/or withholding Certificate of Occupancy. There is no fee.
This plan is active upon approval and terminated upon the receipt of a Certificate of Occupancy.
Section 1 – Applicant Information
1. Preparer: Company:
Phone: Email:
Address: City: State: Zip code:
2. Owner: Company:
Phone: Email:
Address: City: State: Zip code:
3. Contractor: Company:
Phone: Email:
Address: City: State: Zip code:
Section 2 – Project Information
Project Name: Total Land Disturbance:
Project Address: Project Type:
Section 3 – Project Schedule
Start Date: Final Stabilization Date:
Section 4 – Site Map
1. Applicant must provide a site map(s) that includes the following:
□ Project boundary
□ Direction(s) of stormwater run on and run off
□ Public and private stormwater infrastructure on or adjacent to site
□ Material storage area(s)
□ Equipment staging area(s)
□ BMPs selected in Section 5
Section 5 – Required Stormwater Controls
**Use the City of Bozeman’s Best Management Practice (BMP) Manual to select required controls.**
1. Protect inlets: Inlets receiving site runoff require BMPs that filter stormwater before flowing into underground
infrastructure. Check all that apply and show location(s) on map. Approved options include:
□ Pre-Manufactured Drop Inlet Protection
□ Not Applicable (describe):_______________________________________________________________
____________________________________________________________________________________
2. Contain disturbed areas: Project boundaries require BMPs that contain stormwater flowing from disturbed areas.
Check all that apply and show location(s) on map. Approved options include:
□ Silt Fence
□ Earthen Berm
□ Foam Wattle
□ Straw Wattle
□ Not Applicable (describe):_______________________________________________________________
____________________________________________________________________________________
Stormwater Division
P.O. Box 1230
Bozeman, Montana 59771
(406)582-2270
Construction Stormwater Permit
Sites Less than One (1) Acre
94
3. Mitigate tracking: Exit points require BMPs that prevent the tracking of debris off-site onto the right-of-way. Check
all that apply and show location(s) on map. Approved options include:
□ Cobble/Cattle Guard Hybrid Track Pad
□ Angular Rock Track Pad
□ Not Applicable (describe):_______________________________________________________________
____________________________________________________________________________________
4. Control concrete waste: Concrete activities require BMPs that allow for the capture and disposal of generated
pollutants to prevent environmental contamination. Check all that apply and show location(s) on map. Approved
options include:
□ Reusable or Disposable Product
□ Prefabricated Roll-Off
□ Below Ground Containment
□ Above Ground Containment
□ Concrete Cutting Slurry Vacuum
□ Not Applicable (describe):_______________________________________________________________
____________________________________________________________________________________
5. Contain material stockpiles: Material stockpiles, not already contained within an existing perimeter control, require
perimeter BMPs that prevent erosion and displacement of loose material. Check all that apply and show location(s)
on map. Approved options include:
□ Earthen Berm
□ Silt Fence
□ Foam Wattle
□ Straw Wattle
□ Cover/Tarp
□ Existing Perimeter Control BMP
□ Not Applicable (describe):_______________________________________________________________
____________________________________________________________________________________
6. Manage dewatering flows: Pumping activities require BMPs that filter water before entering underground
infrastructure or waterways. Check all that apply and show location(s) on map Approved options include:
□ Excavated Area Dewatering Plan
□ Well Dewatering Plan
□ Flocculant Enhanced Dewatering Plan
□ MDEQ Construction Dewatering General Permit Coverage
□ Not Applicable (describe):_______________________________________________________________
____________________________________________________________________________________
7. Protect post-construction stormwater features: Post-construction stormwater features, such as retention and
detention ponds, require BMPs that protect and their side slopes and bases during and after construction activities.
Check all that apply and show location(s) on map. Approved options include:
□ Crimped Straw Mulch
□ Rolled Erosion Control Products
□ Rip Rapped Inlet and Outlet
□ Check Dams
□ Reinforced Fore Bay
□ Not Applicable (describe):_______________________________________________________________
____________________________________________________________________________________
95
8. Stabilize disturbed areas: Disturbed areas require BMPs that prevent erosion of barren ground. Check all that apply
and show location(s) on map. Approved options include:
□ Surface Roughening
□ Crimped Straw Mulch
□ Wood Mulch
□ Rolled Erosion Control Products
□ Sod
□ Not Applicable (describe):_______________________________________________________________
____________________________________________________________________________________
Section 6 – Administrative and Operational Controls
1. Check which of the following will be utilized and show on the map if applicable:
□ Street Sweeping: Frequency:___________________
□ On-Street Parking
□ Pedestrian and Traffic Control Fencing
□ Covered Pollutant Storage
□ Staked Sanitary Facility out of Right-of-Way
Section 7 - Certifications
1. Applicant agrees to:
o Install applicable BMPs before the start of land disturbing activities. Initial: ________
o Keep this permit posted on-site and updated to reflect current site conditions. Initial: _______
o Inspect and maintain all control measures at the end of each workday. Initial: _______
o Contain and dispose of all pollutants generated, such as form oil, oils/greases, fuel, masonry wash water,
concrete cutting slurry, asphalt sealant, paint, and all other pollutants hazardous to the environment, by local,
state and federal regulations. Initial: _______
o Maintain a spill kit on-site, which includes, at a minimum, absorbent material, cleanup tools, and covered waste
container. Initial: _______
Section 8 – Acknowledgment Certificate
I certify that I am the Owner or Owner’s Authorized Agent. If acting as an Authorized Agent, I further certify that I am
authorized to act as the Owner’s Agent regarding the property at the above-referenced address for the purpose of
filing applications for decisions, plans, or review under the City of Bozeman Ordinances #1763 and #2002 have full
power and authority to perform on behalf of the Owner all acts required to enable the City to process and review such
applications. I certify that the information on this application is true and correct and understand that I shall not start
this project until this application is approved by the City of Bozeman. I shall comply with the laws of the State of
Montana and the Ordinances of the City of Bozeman.
By checking this box, I acknowledge that non-compliance with the aforementioned laws and ordinances may result
in a stop work order, withholdment of certificate of occupancy, or a lien filed against the property.
___________________________________ ________________
Signature of Legally Responsible Person Date
___________________________________ ______________________________________
Printed Name Title
96