HomeMy WebLinkAboutTitle 16
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Title 16
SUBDIVISIONS
Chapters:
16.02 General Provisions
16.04 Definitions
16.06 General Procedures
16.08 Plan and Plat Information Requirements
16.10 Review Procedures for Major Subdivisions
16.12 Summary Review Procedures for Minor
Subdivisions
16.14 Design and Improvement Standards---General
16.16 Design and Improvement Standards, Streets and
Roads
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16.18
16.20
16.22
16.24
16.26
16.28
16.30
16.32
16.34
16.36
16.38
16.39
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Environmental Assessment
Flood Hazard Evaluation
Improvements
Planned Unit Development
Subdivisions Created by Rent or Lease or
Condominiums
Subdivision Exemptions
Administrative Provisions
Certificates
Supplementary Documents
Uniform Standards for Monumentation and
Filing Requirements
Gallatin County Fire Impact Fee Regulation
Gallatin County Road Impact Fee Regulation
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(Bouman 11-0 I )
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Chapter 16.02
GENERAL PROVISIONS
Sections:
16.02.010
16.02.020
16.02.030
16.02.040
16.02.050
16.02.060
Title.
Authority.
Jurisdiction.
Purpose.
Severability clause.
Conditions.
16.02.010 Title.
These regulations shall be known as the "Bozeman
Area Subdivision Regulations." (Ord. 1450 S 2 (part),
1998)
16.02.020 Authority.
Authorization for the adoption of these subdivision
regulations is contained in the Montana Subdivision
and Platting Act (Title 76, Chapter 3, MCA). (Ord.
1450 S 2 (part), 1998)
16.02.030 Jurisdiction.
These regulations govern the division of land
within the Bozeman city limits and the planning
jurisdiction of the city planning board. (Ord. 1501 S 1,
1999: Ord.I450 S 2 (part), 1998)
16.02.040 Purpose.
It is the purpose of these subdivision regulations to
promote the public health, safety and general welfare
by regulating the subdivision of land; to prevent the
overcrowding of land; to lessen congestion in the
streets and highways; to provide adequate light, air,
water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public
improvements; to require development in harmony
with the natural environment; to protect the rights of
property owners; and to require uniform
rrionumentation of land subdivisions and transferring
interests in real property by reference to a plat or
certificate of survey (Section 76-3-102, MCA).
16.02.010--16.02.050
Further, to support the purposes of Section 76-3-
102, MCA, these regulations are intended to promote
and to provide for the:
A. Orderly development of the city and the
jurisdictional area of the city planning board.
B. Coordination of streets and roads within
subdivided land with other streets and roads, both
existing and planned.
C. Dedication ofland for streets and roadways and
for public utility easements.
D. Improvement of streets and roads.
E. Adequate open spaces for travel, light, air and
recreation.
F. Adequate transportation, water, drainage, and
sanitary facilities.
G. Avoidance or minimization of congestion.
H. Avoidance of unnecessary environmental
degradation.
1. Encouragement of subdivision development in
harmony with the natural environment.
J . Avoidance of danger or injury to health, safety,
or welfare by reason of natural hazard or the lack of
water, sewer, drainage, access, transportation or other
public services.
K. Avoidance of excessive expenditure of public
funds for the supply of public services.
L. Manner and form of making and filing of plats
for subdivided lands.
M. Administration of these regulations, by defining
the powers and duties of approving authorities, in-
cluding procedures for the review and approval of aU
subdivision plats. (Ord. 1501 S 2,1999: Ord. 1450 S 2
(part), 1998)
16.02.050 Severability clause.
Where any word, phrase, clause, sentence, para-
graph, or section, or other part of these regulations is
held invalid by a court of competent jurisdiction, such
judgment shall affect only that part held invalid.
Insofar as these regulations are more restrictive than
any other local law, these regulations shall be
controlling, and if any other law is more restrictive, it
287
(Rozeman 11-01)
16.02.060-16.04.010
shall take precedence over these regulations. (Ord. 16.04.220 Lot. e
1450 S 2 (part), 1998) 16.04.230 Lot measurements.
16.04.240 Lot types.
16.02.060 Conditions. 16.04.250 Manufactured home.
Regulation of the subdivisio~ of land and the 16.04.260 Manufactured or mobile home
attachment of reasonable conditions to land subdi- lot or space.
vided is an exercise of valid police power delegated by 16.04.270 Manufactured or mobile home
the state of Montana to the city and to Gallatin park.
County. Subdividers have the duty of complying with 16.04.280 Manufactured or mobile home
reasonable conditions for design, dedication, improve- stand.
ment, and restrictive use of the land so as to conform 16.04.290 Manufactured or mobile home
to the physical and economic development of the city subdivision.
and Gallatin County and to the safety and general 16.04.300 Minor subdivision.
welfare of the future subdivision lot owners and of the 16.04.310 Mobile home.
community at large. (Ord. 1450 S 2 (part), 1998) 16.04.320 Monument (permanent
monument).
16.04.330 Open space.
Chapter 16.04 16.04.335 Ordinary high water mark.
16.04.340 Planned unit development
DEFINITIONS (PUD).
16.04.350 Planning board.
Sections: 16.04.355 Planning department or
16.04.010 General. planning office. e
16.04.020 Agricultural water user facility. 16.04.360 Plat.
16.04.030 Aliquot part. 16.04.370 Proper access.
16.04.040 Appropriate governing body. 16.04.380 Property owner.
16.04.050 Block. 16.04.390 Public improvement.
16.04.060 Certificate of survey. 16.04.400 Recreational vehicle park.
16.04.070 Comprehensive plan or master 16.04.410 Recreational vehicle space.
plan. 16.04.420 Right-of-way.
16.04.080 Condominium. 16.04.430 Roadway.
16.04.090 Contiguous tract. 16.04.440 Street (road) types.
16.04.100 Covenant. 16.04.450 Public street or road.
16.04.110 Date of submission. 16.04.460 Subdivider.
16.04.120 Dedication. 16.04.470 Subdivision.
16.04.130 Division of land. 16.04.480 Surveyor (registered land
16.04.140 Dwelling unit. surveyor).
16.04.150 Easement. 16.04.490 Swale.
16.04.160 Engineer (registered 16.04.500 Tract of record.
professional engineer). 16.04.510 Watercourse.
16.04.170 Health authorities.
16.04.180 Irregularly shaped tract of land. 16.04.010 General.
16.04.190 Jurisdictional wetland. Whenever the following words or phrases appear in
16.04.200 Limited access. this text, they shall have the meaning assigned to them
16.04.210 Limited access roadway. by this section. When not inconsistent with the e
288
(Bozeman 11-01)
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16.04.010
context, words used in the present tense shall include
the future; the singular shall include the plural, and the
plural the singular; the word "shall" is always
mandatory, and the word "may" indicates
288-1
(Bozeman 11.01)
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use of discretion in making decisions. (Ord. 1450 ~
2 (part), 1998)
16.04.020 Agricultural water user facility.
"Agricultural water user facility" means any part
of an irrigation system used to produce an agricul-
tural product on property used for agricultural pur-
poses as defined in Section 15-7-202, MCA. (Ord.
1450 ~ 2 (part), 1998)
16.04.030 Aliquot part.
"Aliquot part" means an equal division of a gov-
ernment section in quarters as described by the
Manual for the Survey of The Public Lands of the
United States. (Ord. 1450 ~ 2 (part), 1998)
16.04.040 Appropriate governing body.
The "appropriating governing body" is the city
commission of the city of Bozeman when the sub-
divided land lies within the corporate limits, and the
board of county commissioners for Gallatin County
when the land lies outside of the corporate limits of
the city of Bozeman. (Ord. 1450 ~ 2 (part), 1998)
16.04.050 Block.
A "block" is a group of lots, tracts or parcels
within well defined and fixed boundaries. (Ord.
1450 ~ 2 (part), 1998)
16.04.060 Certificate of survey.
A "certificate of survey" is a drawing of a field
survey prepared by a registered land surveyor for
the purpose of disclosing facts pertaining to bound-
ary location. (Ord. 1450 ~ 2 (part), 1998)
16.04.070 Comprehensive plan or master
plan.
A "comprehensive plan or master plan" is a long
range plan intended to guide growth and develop-
ment of a community or region and includes analy-
sis, recommendations and proposals for the
community's population, economy, housing, trans-
portation, community facilities, and land use. De-
fined in Section 76-1-103, MCA as a comprehensive
development plan or any of its parts such as a plan
16.04.020--16.04.130
of land use and zoning, of thoroughfares, of sanita-
tion, of recreation, and of other related matters. The
plan may include those items described in Section
76-1-601, MCA. (Ord. 1450 ~ 2 (part), 1998)
16.04.080 Condominium.
A "condominium" is a form of individual owner-
ship with unrestricted right of disposal of one or
more units in a multiple unit project with the land
and all other parts of the project held in common
ownership or use with owners of the other units.
(Ord. 1450 ~ 2 (part), 1998)
16.04.090 Contiguous tract.
For the purpose of these regulations, a "contigu-
ous tract" is a parcel of land next to, abutting, adja-
cent to, adjoining or touching another individual
parcel of land, including tracts which are separated
by public right-of-way. (Ord. 1450 ~ 2 (part), 1998)
16.04.100 Covenant.
A "covenant" is an agreement, or restriction, in
writing, of two or more parties by which any of the
parties pledges to the others that something is done
or shall be done. (Ord. 1450 ~ 2 (part), 1998)
16.04.110 Date of submission.
The "date of submission" is the date at which the
plat and all required supplementary information is
received and certified as complete by the planning
department. (Ord. 1450 ~ 2 (part), 1998)
16.04.120 Dedication.
"Dedication" means the deliberate appropriation
of land by an owner for any general and public use,
reserving no rights which are incompatible with the
full exercise and enjoyment of the public use to
which the property has been devoted. (Ord. 1450 @
2 (part), 1998)
16.04.130 Division of land.
"Division of land" is 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
289
(Bozeman 4-98)
16.04.140---16.04.240
portion of the tract, or properly filing a certificate
of surveyor subdivision plat establishing the identi-
ty of the segregated parcels pursuant to these subdi.
vision regulations and the Montana Subdivision and
Platting Act. Provided that where required by these
regulations and the Act the land upon which an
improvement is situated has been subdivided in
compliance with the regulations and the Act, 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 and the Act (Ord. 1450 ~ 2 (part),
1998)
16.04.140 Dwelling unit.
A "dwelling unit" is any building or portion
thereof providing complete, independent and perma-
nent living facilities for one family. (Ord. 1450 ~ 2
(part), 1998)
16.04.150 Easement.
An "easement" is a grant by a property owner to
a specific person, or persons, other than the owner,
or to the public for a right to use land for a specific
purpose or purposes. (Ord. 1450 g 2 (part), 1998)
16.04.160 Engineer (registered professional
engineer).
An "engineer (registered professional engineer)"
is a person licensed in conformance with the Mon-
tana Professional Engineers Registration Act (Sec-
tions 37-67-101 through 37-67-332, MCA) to prac.
tice engineering in the state of Montana. (Ord. 1450
g 2 (part), 1998)
16.04.170 Health authorities.
"Health authorities" means the State Department
of Environmental Quality, local health officer, local
sanitarian, or other authorized representative. (Ord.
1450 g 2 (part), 1998)
16.04.180 Irregularly shaped tract of land.
An "irregularly shaped tract of land" is a parcel
of land other than an aliquot part of the United
(Bozeman 4-98) 290
States Government survey section or a United States
Government lot. the boundaries or areas of which
cannot be determined without a surveyor trigono-
metric calculation. (Ord. 1450 ~ 2 (part), 1998)
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16.04.190 Jurisdictional wetland.
"Jurisdictional wetland" means an area saturated
bysurlaceorgroundwateratafrequencyordUfation
sufficient to support vegetation adapted for life in
saturated soil conditions. (Ord. 1450 g 2 (part),
1998)
16.04.200 Limited access.
"Limited access" means a way or means of al-
lowing physical entrance to land at controlled loca-
tions or points. A "no access" strip or line may be
placed on a plat as a means of limiting access. (000.
1450 ~ 2 (part), 1998)
16.04.210 Limited access roadway.
"Limited access roadway" means a street or road
especially designed for through traffic, over which
abutting land owners have no right to direct access.
(Ord. 1450 ~ 2 (part), 1998)
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16.04.220 Lot.
A "lot" is a parcel, plot or other land area created
by subdivision for sale, lease, or rent. (Ord. 1450 ~
2 (part), 1998)
16.04.230 Lot measurements.
A. Lot Depth. The average distance from the
front lot line to the rear lot line.
E. Lot Width. The average distance between side
lot lines.
C. Lot Frontage. The width of the front lot line.
D. Lot Area. The area of a lot determined exclu-
sive of highway, alley, street, road, or other right-of-
way. (Ord. 1450 g 2 (part), 1998)
16.04.240 Lot types.
A. Comer Lot. A lot located at the intersection
of two streets or roads.
B. Interior Lot. A lot with frontage on only one
street or road.
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C. Double Frontage Lot. A lot whose front and
rear lines both abut on a street or road. (Ord. 1450 ~
2 (part), 1998)
16.04.250 Manufactured home.
A "manufactured home" is a factory-built, single-
family structure that is manufactured under the
authority of 42 United States Code Section 5401 and
is to be used as a place for human habitation, but
which is not constructed or equipped with a perma-
nent hitch or other device allowing it to be moved
other than for the purpose of moving to a permanent
site, and which does not have permanently attached
to its body or frame any wheels or axles. A mobile
home is not a manufactured home. (Ord. 1450 ~ 2
(part), 1998)
16.04.260
Manufactured or mobile home lot
or space.
A "manufactured or mobile home lot or space" is a
designated portion of a manufactured or mobile home
park designated for the accommodation of one
manufactured or mobile home and its accessory
buildings or structures for the exclusive use of the
occupants. (Ord. 1450 ~ 2 (part), 1998)
16.04.270 Manufactured or mobile home
park.
A "manufactured or mobile home park" is a tract
of land under single ownership providing two or
more lots for lease or rent to the general public for
the placement of manufactured or mobile homes.
(Ord. 1450 ~ 2 (part), 1998)
16.04.280 Manufactured or mobile home
stand.
A "manufactured or mobile home stand" is that
area of a manufactured or mobile home lot which has
been prepared for the placement of a manufactured or
mobile home. (Ord. 1450 ~ 2 (part), 1998)
16.04.290 Manufactured or mobile home
subdivision.
A "manufactured or mobile home subdivision" is a
subdivision designed and/or intended for the sale of
16.04.250-16.04.335
lots for siting manufactured or mobile homes. (Ord.
1450 ~ 2 (part), 1998)
16.04.300 Minor subdivision.
A "minor subdivision" is a subdivision containing
five or fewer parcels where proper access to all lots is
provided and where no land in the subdivision will be
dedicated to public use for parks or playgrounds.
(Ord. 1450 ~ 2 (part), 1998)
16.04.310 Mobile home.
A "mobile home" is a transportable, factory-built
home, designed to be used as a year-round residential
dwelling and built prior to enactment of the Federal
Manufactured Housing Construction and Safety
Standards Act of 1974, which became effective June
15, 1976. (Ord. 1450 ~ 2 (part), 1998)
16.04.320 Monument (permanent
monument).
Any "monument (permanent monument)" is a
structure of masonry, metal or other permanent
material placed in the ground which is exclusively
identifiable as a monument to a survey point, ex-
pressly placed for surveying reference. (Ord. 1450 ~
2 (part), 1998)
16.04.330 Open space.
"Open space" is a land or water area devoid of
buildings and other physical structures except where
accessory to the provision of recreation. (Ord. 1450 ~
2 (part), 1998)
16.04.335 Ordinary high water mark.
The line that water impresses on land by covering
it for sufficient periods to cause physiCal
characteristics that distinguish the area below the line
from the area above it. Characteristics of the area
below the line include, when appropriate, but are not
limited to, deprivation of the soil of substantially all
terrestrial vegetation and destruction of its
agricultural vegetative value. A floodplain adjacent
to surface waters is not considered to lie within the
surface water's high watermarks (Section 23-2-301,
MeA). (Ord. 1477 ~ 1, 1998)
291
(Bowman 11.01)
16.04.340--16.04.440
16.04.340 Planned unit development (PUD).
A "planned unit development (PUD)" is a land
development project consisting of residential clus-
ters, industrial parks, shopping centers, office build-
ings, parks, or any combination th~reofwhich com-
prises a planned mixture of land uses built in a pre-
arranged relationship to each other and having open
space and community facilities in a common owner-
ship or use. (Ord. 1450 ~ 2 (part), 1998)
16.04.350 Planning board.
"Planning board" means the Bozeman city
planning board. (Ord. 150 I ~ 3, 1999: Ord. 1450 S 2
(part), 1998)
16.04.355 Planning department or planning
office.
"Planning department or planning office" means
the Bozeman office of planning and community
development. (Ord. 1501 S 4, 1999)
16.04.360 Plat.
A "plat" is a graphic representation of a subdivi-
sion showing the division of land into lots, parcels,
blocks, roads, and alleys, and other divisions and
dedications. (Ord. 1450 S 2 (part), 1998)
16.04.370 Proper access.
"Proper access" means either an improved public
street or road, maintained by the city or Gallatin
County; or a street or road built to the standards
provided in these regulations. (Ord. 1450 S 2 (part),
1998)
16.04.380 Property owner.
A "property owner" is any person, firm, corpora-
tion or other entity shown as being the legal owner of
a tract, parcel or lot in the records of the county clerk
and recorder. (Ord. 1450 S 2 (part), 1998)
16.04.390 Public improvement.
"Public improvement" means any structure or
facility constructed to serve the residents of a subdi.
vision or the general public such as parks, streets,
roads, sidewalks, curbs, gutters, street lighting,
(Bozeman 11.01)
utilities, and systems for water supply, sewage dis-
posal, and drainage. (Ord. 1450 S 2 (part), 1998)
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16.04.400 Recreational vehicle park.
A "recreational vehicle park" is a place used for
public camping where persons can rent space to park
individual camping trailers, pickup campers, motor
homes, travel trailers or automobiles for transient
dwelling purposes. (Ord. 1450 S 2 (part), 1998)
16.04.410 Recreational vehicle space.
A "recreational vehicle space" is a designated
portion of a recreational vehicle park designed for the
placement of a single recreational vehicle and the
exclusive use of its occupants. (Ord. 1450 S 2 (part),
1998)
16.04.420 Right-of-way.
"Right-of-way" means land dedicated or acquired
for use as a public way. (Ord. 1450 S 2 (part), 1998)
16.04.430 Roadway.
A "roadway" is that portion of the road right-of-
way which is improved or is proposed to be im-
proved to carry traffic and provide for the on-street
storage of automobiles; where curb is provided, the
roadway is measured from back-of-curb to back-of-
curb. (Ord. 1450 ~ 2 (part), 1998)
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16.04.440 Street (road) types.
F or the purposes ofthese regulations, "street types
and road types" are defined as follows:
A. Alley. A street used primarily for vehicular
access to the rear of properties which abut on and are
served by public streets.
B. Arterial. A street or road having the primary
function of moving traffic with emphasis on a high
level of mobility for through movement and the
secondary function of providing limited access to
adjacent land. Arterial streets within city limits and
within the city's zoning jurisdictional area generally
have a minimum ninety-feet wide right-of-way and
meet such other design standards as may be required
by the appropriate governing body. Arterial roads
outside city limits and outside the city's zoning
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jurisdictional area shall have a minimum eighty-feet
wide right-of-way, and meet such other design stan-
dards as may be required by the appropriate govern-
ing body. Arterial streets and roads are generally
located on section lines, a~d may be secondary state
highways.
1. Major Arterial. Provides for high operating
speeds and levels of service. Principal function is
movement; not access. Serve most ofthe trips enter-
ing and leaving the urban area as well as those trips
passing through it.
2. Minor Arterial. Interconnects with and aug-
ments major arterial system; accommodates trips of
somewhat shorter length and slightly lower level of
service.
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 and roads for circulation within such a devel-
opment. Collectors are generally located on half.
section lines.
1. Major Collector. Within the city limits and
within the city's zoning jurisdictional area, streets
that carry more than two thousand trips per day.
Outside the city limits and outside the city's zoning
jurisdictional area, roads that carry more than three
hundred trips per day. Major collectors have the
equally important functions of moving traffic and
providing access to adjacent land.
2. Minor Collector. Within the city limits and
within the city's zoning jurisdictional area, streets
that carry more than five hundred trips per day, but
less than two thousand trips per day. Outside the city
limits and outside the city's zoning jurisdictional
area, roads that carry more than one hundred trips per
day but less than three hundred trips per day. Minor
collectors have the equally important functions of
providing access to adjacent land and moving traffic.
D. Cul-de-Sac. A road having only one outlet for
vehicular traffic and terminating in a turn-around
area.
E. Dead-End Street. A street having only one
outlet for vehicular traffic.
16.04.450--16.04.470
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. Loop. A local road which begins and ends on
the same road, generally used for access to properties
and controls traffic access to arterials or collectors.
H. Minor (Local) Streets. A street having the
primary function of serving abutting properties, and
the secondary function of moving traffic, including
direct access to abutting properties and roads for
circulation within a development.
1. Mountainous Roads. Roads located on moun-
tainous terrain. Mountainous terrain has a cross slope
exceeding fifteen percent.
J. Primary Access. The major access to a subdi-
vision. The major access generally carries the most
traffic as determined by the traffic engineering study.
(Ord. 1477 ~ 2, 1998: Ord. 1450 ~ 2 (part), 1998)
16.04.450 Public street or road.
A "public street or road" is a street or road for
which the right-of-way has been dedicated to the
public. (Ord. 1450 ~ 2 (part), 1998)
16.04.460 Subdivider.
A "subdivider" is any person, firm, or corporation,
or other entity who causes land to be subdivided or
who proposes a subdivision of land. (Ord. 1450 ~ 2
(part), 1998)
16.04.470 Subdivision.
A "subdivision" means a division of land or land
so divided, which creates one or more parcels con-
taining less than one hundred sixty acres that cannot
be described as a one-quarter aliquot part of a United
States Government section, exclusive of public
roadways, in order that the title to or possession of
the parcels may be sold, rented, leased, or otherwise
conveyed, and shall include any resubdivision; and
shall further include any condominium or area,
regardless of its size, which provides or will 'provide
multiple space for recreational camping vehicles,
manufactured or mobile homes. A subdivision shall
comprise only those parcels less than one hundred
293
(Bozeman 11"0 I)
16.04.480-16.06.020
sixty acres that cannot be described as a one-quarter
aliquot part of a United States Government section
when the parcels 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 previ-
ously divided in compliance with the Montana Sub-
division and Platting Act are exempt from the provi-
sion of these regulations and the Act. (Ord. 1450 ~ 2
(part), 1998)
16.04.480 Surveyor (registered land
surveyor).
A "surveyor (registered land surveyor)" is a per-
son licensed in conformance with the Montana
Professional Engineers, Registration Act (Section 37-
67-101 through 37-67-332, MCA) to practice
surveying in the state of Montana. (Ord. 1450 ~ 2
(part), 1998)
16.04.490 Swale.
A "swale" is a drainage channel or shallow de-
pression designed to direct surface water flow. (Ord.
1450 ~ 2 (part), 1998)
16.04.500 Tract of record.
A "tract of record" is a parcel of land, irrespective
of ownership, that can be identified by legal
description, independent of any other parcel of land,
using documents on file in the records of the county
clerk and recorder's office. (Ord. 1450 ~ 2 (part),
1998)
16.04.510 Watercourse.
A "watercourse" is any stream, river, creek,
drainage, waterway, gully, ravine, or wash in which
water flows either continuously or intermittently and
has a definite channel, bed and banks, and includes
any area adjacent thereto subject to inundation by
reason of overflow. The term watercourse shall not
be construed to mean any facility created exclusively
for the conveyance of irrigation water. (Ord. 1450 ~ 2
(part), 1998)
(Bozeman ll~OI) 294
Chapter 16.06
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GENERAL PROCEDURES
Sections:
16.06.010
16.06.020
16.06.030
16.06.040
Construction timing.
Transfers of title.
Permission to enter.
Appeals.
16.06.010 Construction timing.
The subdivider shall not proceed with any con-
struction work on the proposed subdivision including
grading and excavating relating to improvements,
until the appropriate governing body has given
preliminary plat approval, and then, only if the
construction is in accordance with the conditions of
preliminary plat approval. (Ord. 1450 ~ 2 (part),
1998)
16.06.020 Transfers of title.
After a preliminary subdivision plat has been
approved or conditionally approved, the subdivider
may enter into contracts to sell lots in the proposed
subdivision ifall of the following conditions are met:
A. Under the terms of the contracts, the purchas-
ers of lots in the proposed subdivision shall make any
payments to an escrow agent which must be a bank
or savings and loan association chartered to do
business in the state of Montana.
B. Under the terms of the contracts and the
escrow agreement, the payments made by lot pur-
chasers in the proposed subdivision may not be
distributed by the escrow agent to the subdivider
until the final plat of the subdivision is filed with the
county clerk and recorder.
C. The contracts and the escrow agreement pro-
vide that if the final plat of the proposed subdivision
is not filed with the county clerk and recorder within
two years of the preliminary plat approval, the
escrow agent shall immediately refund to each pur-
chaser any payment made under the contract.
D. The county treasurer has certified that all real
property taxes and special assessments assessed and
levied on the land to be divided are paid.
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E. The contracts shall contain the following lan-
guage conspicuously set out therein: "The real prop-
erty which is the subject hereof has not been finally
platted, and until a final plat identifying the property
has been filed with the C~unty Clerk and Recorder,
title to the property cannot be transferred in any
manner."
F. Instruments Which Transfer Title. Under 76-
3-302, MCA, the county clerk and recorder shall not
16.06.020
294a
(Bozeman 11-0 I)
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record any instrument which purports to transfer title
to or possession of a parcel or tract of land which
is required to be surveyed by the Montana Subdivi-
sion and Platting Act unless the required certificate
of surveyor subdivision plat has been reviewed,
approved and filed with the clerk and recorder and
the instrument or transfer describes the parcel or
tract by reference to the filed certificate or plat.
(Ord. 1450 ~ 2 (part), 1998)
16.06.030 Permission to enter.
The appropriate governing body, or its designated
agents, may conduct such investigations, examina~
tions and site evaluations as they deem necessary to
verify the information supplied. The submission of
material or a plat for review shall constitute a grant
of permission to enter (he subject property. (Ord.
1450 ~ 2 (part), 1998)
16.06.040 Appeals.
A party identified in subsection A of this section
who is aggrieved by a decision of the appropriate
governing body to approve, conditionally approve,
or disapprove a proposed preliminary plat or final
subdivision plat may, within thirty days after the
decision, appeal to the eighteenth judicial district
court, Gallatin County, state of Montana. The peti-
tion must specify the grounds upon which the ap-
peal is made.
A. The following parties may appeal under the
provisions of this section:
1. The subdivider.
2. A landowner with a property boundary con-
tiguous to the proposed subdivision or a private
landowner within the county where the subdivision
is proposed if that landowner can show a likelihood
of material injury to the landowner's property or its
value.
3. The county commission.
4. The city.
B. For the purposes of this section, "aggrieved"
means a person who can demonstrate a specific
personal and legal interest, as distinguished from a
general interest, who has been or is likely to be
16.06.03Q-.-..-I6.08.020
specifically and injuriously affected by the decision.
(Ord. 1450 ~ 2 (part), 1998)
Chapter 16.08
PLAN AND PLAT INFORMATION
REQUIREMENTS
Sections:
16.08.010
16.08.020
16.08.030
16.08.040
16.08.050
16.08.060
General.
Pre~application plan.
Preliminary plat.
Preliminary plat supplements.
Final plat.
Changes to filed subdivision
plats.
16.08.010 General.
All applications and supplemental material, in-
cluding all copies of plats, shall be bound and fold-
ed into complete eight and one-half inches by eleven
inches or eight and one-half inches by fourteen
inches sets ready for distribution. All plats shall be
on one or more sheets either eighteen inches by
twenty~four inches or twenty-four inches by thirty-
six inches in size, and shall be folded and included
in the bound submittal. (Ord. 1450 ~ 2 (part), 1998)
16.08.020 Pre-application plan.
The pre-application plan may be a free-hand
sketch, legibly drawn, showing approximate bound-
aries, dimensions, areas and distances. The plan may
be drawn directly on a print of a topographic survey
required for the preliminary plat and shall include:
A. Sketch Map. A sketch map showing:
1. The name of adjoining subdivisions and
numbers of adjoining certificates of survey, along
with adjacent lot and tract lines.
2. Location, name, width and owner of existing
or proposed streets, roads and easements within the
proposed subdivision; existing streets, roads and
easements within adjacent subdivisions and tracts;
and name of street or road that provides access from
294-1
(Bozeman 4.98)
16.08.030
the nearest public street or road to the proposed
subdivision.
3. Location of all existing structures, including
buildings, railroads, power lines, towers, and im-
provements inside and within one hundred feet of
the proposed sulxlivision.
4. Zoning classification within the proposed
subdivision and adjacent to it. The proposed zoning
for the subdivision, if a change is contemplated.
B. Topographic Features. Topographic features
of the proposed subdivision and adjacent subdivi.
sions and tracts, including:
1. A current U.S. Geological Survey topographic
map at the largest scale available with the sulxli-
vision clearly outlined.
2. Embankments, watercourses, drainage chan-
nels, areas of seasonal water ponding, areas within
the designated floodway, marsh areas, wetlands,
rock outcrops, wooded areas, noxious weeds, and
areas of active faults.
C. Utilities. The existing and proposed utilities
located on and adjacent to the proposed sulxlivision
including:
1. Location, size, and depth of sanitary and
storm sewers, water mains and gas lines.
2. Location of fire hydrants, electric lines, tele-
phone lines, sewage and water treatment, and stor-
age facilities.
D. Subdivision Layout. The proposed layout of
the subdivision showing the approximate:
1. Subdivision block, tract, and lot boundary
lines, with numbers, dimensions, and areas for each
block, tract and lot
2. Street or road location, right-of-way width,
and name.
3. Easement location, width and purpose.
4. Sites to be dedicated or reserved as park,
common open space, or other public areas; with
boundaries, dimensions and areas.
5. Sites for commercial centers, churches,
schools, industrial areas, condominiums, mobile
home parks, and uses other than single-family resi-
dences.
(Bozeman 4-98)
E. Development Plan. An overall development
plan indicating future development of the remainder
of the tract, if the tract is to be developed in phases.
F. Name and Location. A title block indicating
the proposed name, quarter-section, section, town-
ship, range, principal meridian, and county of subdi-
vision.
G. Notations. Scale, north arrow, name and ad-
dresses of owners and subdividers, and date of
preparation.
H. Variances. A list of variance requests which
will be submitted with the application for prelimi-
nary plat application. (Ord. 1450 ~ 2 (part), 1998)
16.08.030 Preliminary plat.
The preliminary plat shall be legibly drawn at a
horizontal scale no smaller than one hundred feet to
the inch, and may show approximate boundaries,
dimensions, distances and areas, unless specifically
noted. The plat shall be on one or more sheets of
eighteen inches by twenty-four inches or twenty-four
inches by thirty-six inches paper. Where accurate
information is required, surveying and engineering
data shall be prepared under the supervision of a
registered engineer or registered land surveyor,
licensed in the state of Montana, as their respective
licensing laws allow. The plat submittal shall in-
clude the following:
A. Pre-application Information. All information
required with the preapplication plan, as outlined in
Section 16.08.020.
B. Subdivision Information. Name and location
of the subdivision, scale, scale bar, north arrow, date
of preparation, lots and blocks (designated by num-
ber), the dimensions and area of each lot, and the
use of each lot, if other than for single family.
C. Streets, Roads and Grades. All streets, roads,
alleys, avenues, highways, and easements; the width
of the right-of-way, grades, and curvature of each;
existing and proposed road names; and proposed
location of intersections for any subdivision requir-
ing access to arterial or collector highways.
D. Adjoining Sulxlivisions. The names of adjoin-
ing platted subdivisions and numbers of adjoining
certificates of survey.
294~2
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E. Adjoining Owners. Names and addresses of
record owners oflots and tracts immediately adjoin-
ing the proposed subdivision.
F. Perimeter Survey. An approximate survey of
the exterior boundaries of the platted tract with
bearings, distances, and c~rve data indicated outside
of the boundary lines. When the plat is bounded by
an irregular shoreline or a body of water, the bearings
and distances of a closing meander traverse shall be
gIven.
G. Section Corner. The approximate location of
all section comers or legal subdivision corners of
sections pertinent to the subdivision boundary.
H. Contours. Ground contours shall be provided
for the tract according to the following requirements:
Where average
slope is:
Contour intervals
shall be:
Under 10%
2 feet (If all lots over
one acre in size,S foot
intervals may be used)
Between 10%
and 15%
5 feet
15% or greater
10 feet
I. Phased Improvements. If the improvements
required are to be completed in phases after the final
plat is filed, the approximate area of each phase shall
be shown on the plat. (Ord. 1450 S 2 (part), 1998)
16.08.040 Preliminary plat supplements.
The following supplemental information shall be
submitted with the preliminary plat.
A. Environmental Assessment, Community Im-
pact and Flood Hazard Evaluation. To be submitted
as required in these regulations.
B. Area Map. A map showing all adjacent sec-
tions of land, subdivision, certificates of survey, and
roads.
C. Subdivision Map. Map of entire subdivision
on either an eight and one-half inch by eleven inch,
16.08.040
eight and one-half inch by fourteen inch, or eleven
inch by seventeen inch sheet.
D. Variances. A written statement describing the
requested variance(s) and the facts of hardship upon
which the request is based (refer to Chapter 16.30).
E. Property Owners. A certified list of adjoining
property owners, their mailing addresses and proper-
ty description, including property owners across
public rights-of-way and/or easements. The names
and addresses shall also be provided on self-adhesive
mailing labels; one list for first minor subdivisions,
and three sets of labels for all other subdivisions.
F. Documents and Certificates. Draft or copy of
the following documents and certificates to be print-
ed on or accompany the preliminary plat.
1. Covenants, restrictions and articles of incor-
poration for the homeowners' association.
2. Encroachment permits or a letter indicating
intention to issue a permit where new streets, roads,
easements, rights~of-way or driveways intersect state,
county, or city highways or roads.
3. A letter of approval from the governing body
or other appropriate authority where a zoning change
is necessary.
4. A draft of such other appropriate certificates.
5. Provision for maintenance of all roads (in-
cluding emergency access), parks and other required
improvements.
6. Drafts of public improvements agreement and
guarantee.
G. Profile sheets for street or road grades greater
than five percent.
H. Completed preliminary plat application form,
with the original signatures of all owners of record or
their authorized representatives, and the required
review fee. If an authorized representative signs on
behalf of an owner of record, a copy of the
authorization shall be provided.
1. A noxious weed management and revegetation
plan approved by the weed control district for control
of noxious weeds upon preliminary plat approval and
during the construction of improvements. Prior to
final plat approval, a Memorandum of Understanding
shall be entered into by the weed control district
294-3
(Bozeman 11-01)
16.08.050
and the subdivider. (Ord. 1477 ~ 3, 1998: Ord. 1450
~ 2 (part), 1998)
16.08.050 Final plat.
A final subdivision plat may not be approved by
the appropriate governing body or filed by the county
clerk and recorder unless all certificates, with the
exception of the appropriate governing body and
clerk and recorder have been complied with, signed,
and notarized, and all subdivision regulations and
conditions of preliminary plat approval required by
the appropriate governing body have been met. This
shall include the certification by the county treasurer
that all real property taxes and special assessments
assessed and levied on the land to be subdivided have
been paid. All final subdivision plats must comply
with the following uniform standards for final
subdivision plat requirements.
A. The final subdivision plat shall be legibly
drawn with permanent ink or printed or reproduced
by a process guaranteeing a permanent record and
shall be at a scale no less than two hundred feet to the
inch; and shall be either eighteen inches by twenty-
four inches or twenty-four inches by thirty-six inches
overall, to include a one-and-one-half-inch margin on
the binding side. Whenever more than one sheet must
be used to accurately portray the land subdivided,
each sheet must show the number of that sheet, the
total number of sheets included, and contain the
appropriate title information. All certifications shall
be shown or referenced on one sheet.
B. Changes to a filed subdivision plat must be
filed with the county clerk and recorder as an
amended plat. An amended plat may not be filed
unless it meets the filing requirements for a final
subdivision plat specified in these rules, except that
approval by the appropriate governing body is not
required where waived by Section 76-3-207(1),
MCA for relocation of common boundary lines or
aggregation of five or fewer lots.
C. The final plat submitted for approval shall
show or contain on its face or on separate sheets
referenced on the plat:
I. A title block indicating name of the subdivi-
sion, quarter-section(s), section, township, range,
(Bozeman 11.01)
principal meridian and county. The title of the plat
shall contain the words "plat" and "subdivision."
2. Name(s) ofthe owner(s) of the land surveyed
and the name(s) of any adjoining platted subdivision
and numbers of any adjoining certificates of survey
previously recorded and ties thereto.
3. True north point, scale, acreage of streets,
parks, and other public areas; acreage of the subdi-
vision, gross and net.
4. All monuments found, set, reset, replaced, or
removed describing their kind, size, location and
giving other data relating thereto.
5. Witness monuments, basis of bearing, bear-
ings and lengths of lines.
6. The bearings, distances and curve data of all
perimeter boundary lines shall be indicated. When
the subdivision is bounded by an irregular shoreline
or body of water, the bearings and distances of a
meander traverse shall be given.
7. Data on all curves sufficient to enable the re-
establishment of the curves on the ground. The data
shall include:
a. Radius of curve;
b. Arch length;
c. Degree of curve;
d. Notation of nontangent curves.
8. Lengths of all lines shall be shown to at least
tenths of a foot, and all angles and bearings shown to
at least the nearest minute.
9. The location of all section corners or legal
subdivision comers of sections pertinent to the sub-
division boundary.
10. All lots and blocks in the subdivision, desig-
nated by ,number, the dimensions of each lot and
block, the area of each lot, and the total acreage of all
lots. (Excepted parcels shall be marked "Not
Included in this Subdivision" or "Not Included in this
Plat," as appropriate, and the boundary completely
indicated by bearings and distances.)
11. All streets, roads, alleys, avenues, and high-
ways; their widths, bearings; the width and purpose
of all rights-of-way; and the names of all streets,
roads and highways.
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12. The location, dimensions and areas of all
parks, common areas, and all other grounds dedicat-
ed for public use.
13. A metes and bounds legal description of the
perimeter boundary ofthe, tract surveyed.
14. All monuments to be of record must be ade-
quately described and clearly identified on the plat.
Where additional monuments are to be set subse-
quent to the filing of the plat, the location of such
additional monuments shall be shown by a distinct
symbol noted on the plat. All monuments or other
evidence found during retracements that would
influence the positions of any corner or boundary
indicated on the plat must be clearly shown.
15. The signature and seal of the registered land
surveyor responsible for the survey. The affixing of
his seal constitutes a certification by the surveyor that
the final plat has been prepared in conformance with
the Montana Subdivision and Platting Act (Title 76,
Chapter 3, MCA) and the regulations adopted
pursuant thereto.
16. Memorandum of oaths administered pursuant
to Section 76-3-405, MCA.
17. Certification by the appropriate governing
body that the final subdivision plat is approved,
except where the plat shows changes to a filed
subdivision plat which are exempt from local gov-
ernment review under Section 76p3-207(1), MCA.
Where an amended plat qualifies for such a waiver,
the plat must contain a statement that pursuant to
Section 76-3-207 (1), approval by the local govern-
ing body is not required for relocation of common
boundary lines for aggregation of lots.
D. The following original certificates shall be on
the face ofthe approved final plat when filed with the
county clerk and recorder. All certificates shall be
properly signed and notarized or sealed where
applicable.
I. Certification of dedication of streets, roads,
parks or playgrounds, or other public improvements,
or of cash donation in lieu of dedication, when
applicable.
2. Certification by the subdivider indicating
which required public improvements have been
installed and any subdivision improvements agree~
16.08.050
ment securing the future construction of any addi-
tional public improvements to be installed.
3. Certification by the appropriate governing
body expressly accepting any dedicated land and
improvements. Acceptance of dedication shall be
ineffective without such certification.
4. Certification of examining land surveyor
where applicable.
5. Certification by the county treasurer that all
real property taxes and special assessments assessed
and levied on the land to be subdivided have been
paid.
E. The following original documents shall ac-
company and be recorded with the approved final
plat when filed with the county clerk and recorder.
All documents shall be properly notarized or sealed
where applicable.
1. A current certification by a licensed title
abstractor showing the names of the owners of record
of land to be subdivided and the names of any lien
holders or claimants of record against the land and
the written consent to the subdivision by the owner( s)
of record, if other than the subdivider, and any
lienholder(s) or c1aimant(s) of record against the
land. The certification shall have been issued no later
than thirty days prior to a final plat submittal for
subdivisions within the city, and no later than ninety
days prior to the final plat submittal for subdivisions
outside the city. The certificate shall be accompanied
by a county attorney's certificate, for subdivisions
outside the city.
2. Covenants or deed restrictions required by the
appropriate governing body.
3. Certification by the State Department of
Environmental Quality that it has approved the plans
and specifications for water or sanitary facilities,
when required.
4. Articles of incorporation and bylaws for any
property owners' association.
F. A letter from the city engineer or county road
superintendent, whichever is applicable, shall be
submitted to the planning office with the final plat
application, where applicable, certifying that the
following documents have been received.
294-5
(Bozeman 11-01)
16.08.060--16.10.030
1. As-built drawings, i.e., copies of final plans,
profiles, grades, and specifications for public im-
provements, including a complete grading and drain-
age plan.
2. Copy of the state highway p,ermit when a new
street or road will intersect with a state highway.
(Ord. 1477 ~ 4 (part), 1998: Ord. 1450 ~ 2 (part),
1998)
16.08.060 Changes to filed subdivision plats.
Changes to a filed subdivision plat must be filed
with the county clerk and recorder as an amended
plat. An amended plat may not be filed unless it
meets the filing requirements for a final subdivision
plat specified in these rules, except that approval by
the appropriate governing body is not required where
waived by Section 76-3-207(1), MCA, for relocation
of common boundary lines or aggregation of five or
fewerlots. (Ord. 1477 ~ 4 (part), 1998: Ord. 1450 ~ 2
(part), 1998)
Chapter 16.10
REVIEW PROCEDURES FOR MAJOR
SUBDIVISIONS
Sections:
16.10.010
16.10.020
16.10.030
16.10.040
16.10.050
16.10.060
General procedure.
Pre-submittal meeting.
Pre-application plan.
Concurrent review.
Preliminary plat.
Notice of certification that
water and waste services will
be provided by local
government.
Final plat application.
16.10.070
16.10.010 General procedure.
Every plat of subdivision must be reviewed,
approved, and filed for record with the county clerk
and recorder in accordance with the procedures
contained herein before title to the subdivided land
can be sold or transferred in any manner. Subdivi-
sions containing six or more lots, and subdivisions
(Bozeman 11.01)
containing five or fewer lots that do not qualify as
first minor subdivisions or for summary review, shall
be reviewed under the procedures of this chapter.
(Ord. 1450 ~ 2 (part), 1998)
e
16.10.020 Pre-submittal meeting.
The subdivider, or his/her representative, is en-
couraged to meet with the planning department prior
to submitting a plan or plat. The purpose of this
meeting is to discuss these regulations and standards,
to familiarize the subdivider with the goals and
objectiv~s of applicable plans, regulations and
ordinances, and to discuss the proposed subdivision
as it relates to these matters. (Ord. 1450 ~ 2 (part),
1998)
16.10.030 Pre-application plan.
Prior to the submittal of a preliminary plat appli-
cation, the subdivider shall submit an application for
pre-application review, the appropriate fee, and all
required pre-application information as set forth in
these regulations.
A. Planning Department Review. Ten copies of
the pre-application materials are required, unless a
different number of copies is agreed to during a pre-
submittal meeting. The planning department shall
review the pre-application plan and advise the
subdivider as to whether the plans and data meet the
goals and objectives of applicable plans and these
regulations.
1. Agency Review. The planning department
will distribute the pre-application information to
appropriate county and city departments and state
and federal agencies for review and written com-
ment. All written comments received from various
agencies, along with the planning department's com-
ments regarding whether the plans and data meet the
goals and objectives of applicable plans, ordinances,
and these regulations, will be forwarded to the ap-
plicant to aid in the preparation of the preliminary
plat.
2. Time for Review. The planning department
shall review the pre-application plan and within
thirty working days advise the subdivider as to
whether the plans and data meet the goals and
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objectives of applicable plans and these regulations.
Every effort shall be made by the planning
department to obtain department and agency
comment within this time period.
B. Optional Planning Board Review. If the sub-
divider so wishes, he may 'request in writing that the
planning board review pre-application plans. The
letter of request and twenty copies of the pre-appli-
cation materials are required for this optional review.
The application will be submitted to the planning
board at their next available meeting. A copy ofthe
approved minutes of the planning board meeting will
be forwarded to the subdivider. (Ord. 1477 ~ 5,1998:
Ord. 1450 ~ 2 (part), 1998)
16.10.040 Concurrent review.
The subdivider has the option of submitting a
Department of Environmental Quality (DEQ)/locaI
government joint application form in the place of a
preliminary plat application form, and to request
concurrent subdivision review by the Department of
Environmental Quality and the appropriate governing
body, pursuant to Section 76-4-129, MCA. (Ord.
1450 ~ 2 (part), 1998)
16.10.050 Preliminary plat.
After the requirement for pre-application review
has been satisfied, the subdivider shall submit a
preliminary plat. Preliminary plat applications shall
be submitted to the planning department and must
conform to the requirements of these regulations. The
preliminary plat shall be prepared by a surveyor
licensed to practice in Montana.
A. Preliminary Plat Application Submission. The
subdivider shall submit an application for prelimi-
nary plat review, the appropriate fee, and the follow-
ing number of copies of all required preliminary plat
information and supplementary information, as set
forth in these regulations.
1. Within the city: twenty-five copies
The planning department shall review the appli-
cation within three working days to determine if the
application is complete. The review period shall
begin on the date that the planning department de-
termines the application is complete. An application
16.10.040--16.10.050
is complete only if it contains all of the information
required by these regulations. If the application is
incomplete, the application, review fee and a written
explanation of why the application is incomplete will
be returned to the subdivider.
B. Affected Agencies. The planning department
shall submit copies of the preliminary plat and sup-
plementary information to the affected utilities and
public agencies for review and comment, and to the
planning board for its advice pertaining to the
approval or disapproval of the plat or subdivision. If
the proposed subdivision is situated within a rural
school district, the planning department shall provide
an informational copy ofthe preliminary plat to the
rural school district. A "rural school district" means a
school district in which a majority of the pupils in the
district reside outside the limits of any incorporated
city or town. Review by public agencies or utilities
shall not delay the city commission's consideration
of the preliminary plat beyond the statutory sixty-day
review period.
C. Planning Board Recommendation. The
planning board shall:
1. Consider the following:
a. Relevant evidence relating to the public
health, safety, and welfare;
b. The environmental assessment;
c. Any officially adopted comprehensive plan for
the area involved:
d. Review criteria specified in Section
16.1 0.0501 of these regulations; and
e. Whether the preliminary plat conforms to the
provisions of:
(i) The Montana Subdivision and Platting Act;
(ii) These regulations;
(iii) Applicable zoning regulations;
(iv) Any adopted comprehensive plan for the area
involved; and
(v) Other regulations in effect in the area of the
proposed subdivision; and
2. Submit in writing to the city commission its
findings regarding the items under subsection 1,
above, and its advice pertaining to the approval or
disapproval ofthe plat or subdivision.
294.7
(Bozeman 11-0 I)
16.10.050
D. Public Hearings and Meetings. The city
commission shall conduct a public hearing and
review the proposed subdivision. At the public
hearing, the city commission shall:
1. Review the preliminary plat, together with
required supplementary plans a~d information, to
determine if it meets the requirements of these
regulations, the development standards and policies
of the Bozeman area master plan, the Montana
Subdivision and Platting Act, and other adopted state
and local ordinances, including, but not limited to
applicable zoning regulations.
2. Consider written comments from appropriate
public agencies, utilities or other members of the
public.
3. Consider the following:
a. Relevant evidence relating to the public
health, safety, and welfare;
b. The environmental assessment;
c. The community impact statement;
d. Other regulations, code provisions, or policies
in effect in the area of the proposed subdivision;
e. The recommendation of the city planning
board; and
f. Any relevant public testimony.
E. Public Hearing Notice. Notice of the time and
date of the preliminary plat public hearing(s) shall be
published in a newspaper of general circulation in
Gallatin County not less than fifteen days prior to the
date of the hearing(s). The subdivider, each property
owner of record, each recorded purchaser under
contract for deed, and each owner of property
immediately adjoining the land included in the plat
shall be notified of the hearing by certified mail not
less than fifteen days prior to the date of the
hearing(s).
F. City Commission Action. The city
commission shall approve, conditionally approve, or
disapprove the preliminary plat within sixty days of
determination that the application is complete, unless
there is a written extension from the subdivider.
1. For subdivisions located within the corporate
limits of the city, or for subdivisions on land which
has concurrently applied for annexation to the cor.
porate limits of the city, the city commission shall
(Bozeman 11-01)
consider the application and planning board's rec-
ommendation during a regular public meeting of the
commission.
G. Criteria for City Commission Action. The
basis for the city commission's decision to approve,
conditionally approve, or disapprove the subdivision
shall be whether the preliminary plat, applicable
environmental assessment, public hearing, planning
board advise and recommendation, and additional
information demonstrates that development of the
subdivision meets the requirements of the Montana
Subdivision and Platting Act. The city commission
may not deny approval of a subdivision based solely
on the subdivision's impacts on educational services.
H. Mitigation. The city commission may require
the subdivider to design the subdivision to
reasonably minimize potentially significant adverse
impacts identified through the review required by
these regulations. The city commission shall issue
written findings to justify the reasonable mitigation
required by these regulations. The city commission
may not unreasonably restrict a landowner's ability
to develop land, but it is recognized that in some
instances the unmitigated impacts of a proposed
development may be unacceptable and will preclude
approval of the plat.
When requiring mitigation under this subsection,
the city commission shall consult with the subdivider
and shall give due weight and consideration to the
expressed preference of the subdivider.
I. Findings of Fact. The city commission shall
issue written findings of fact that discuss and weigh
the following criteria, as applicable (pursuant to
Section 76-3-608, MCA):
1. The effect on agriculture, agricultural water
user facilities, local services, the natural environ-
ment, wildlife and wildlife habitat, and public health
and safety;
2. Compliance with the survey requirements of
the Montana Subdivision and Platting Act;
3. Compliance with these subdivision regulations
and the review process of these regulations;
4. The provision of easements for the location
and installation of any necessary utilities; and
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5. The provision of legal and physical access to
each parcel within the subdivision and the notation of
that access on the applicable plat and any instrument
transferring the parcel.
The written findings of fact shall include:
1. The reason for the denial or condition imposi-
tion;
2. The evidence that justifies the denial or the
imposition of condition(s); and
3. Information regarding the appeal process for
the denial or condition imposition.
J. Preliminary Plat Approval Period. Upon
approving or ~onditionally approving a preliminary
plat, the city commission shall provide the subdivider
with a dated and signed statement of approval. This
approval shall be in force for not more than three
calendar years or less than one calendar year. At the
end of this period the city commission may, at the
written request ofthe subdivider, extend its approval
for no more than one calendar year, except that the
city commission may extend its approval for a period
of more than one year if that approval period is
included as a specific condition of a written subdivi-
sion improvements agreement between the city
commission and the subdivider, provided for in
Chapter 16.22.
K. Inaccurate or Incomplete Information. The
city commission may withdraw approval of a
preliminary plat if they determine that information
provided by the subdivider, and upon which approval
of the preliminary plat was based, is inaccurate or
incomplete.
1. Within thirty days following approval or
conditional approval of a preliminary plat, any per-
son or agency which claims that information which
was provided by the subdivider is inaccurate or
incomplete may submit the information and proof to
the planning department.
2. The planning department shall investigate the
claim, the accompanying information and proof, and
make a report to the city commission at a regular
meeting of the city commission within thirty days
after receipt of the information. Notice of the
meeting shall be given to the claimant and the
subdivider. At the meeting, the city commission shall
16.10.060
consider the information and proof, and make a
determination regarding the claim.
L. Changes to Conditions After Approval. Upon
written request of the subdivider, the city
commission may amend conditions of preliminary
plat approval where it can be found that errors or
changes beyond the control of the subdivider have
rendered a condition unnecessary, impossible, or
illegal.
1. The written request shall be submitted to the
planning department.
2. The written consent of all purchasers of land
(via contract for deed, etc.) shall be included with the
written request to amend conditions.
3. The city commission shall conduct a public
hearing on the request.
4. Notice of the public hearing shall be given in
accordance with these regulations.
5. The city commission may approve the
requested change if it meets the criteria set forth in
these regulations.
6. The city commission shall issue written
findings of fact as required in these regulations.
M. Additional Conditions After Approval. After
the preliminary plat is approved, the city commission
may not impose any additional conditions as a
prerequisite to final plat approval, providing said
approval is obtained within the original or extended
approval period as provided in these regulations.
(Ord. 1501 * 5, 1999: Ord. 1450 ~ 2 (part), 1998)
16.10.060 Notice of certification that water and
waste services will be provided by
local government.
When a subdivision is approved that will be
provided municipal facilities for the supply of water
and/or disposal of sewage and solid waste, the plan-
ning office shall, within twenty days after prelimi-
nary plat approval is granted, send notice of certifi-
cation to the Montana Department of Environmental
Quality that a subdivision has been preliminarily ap-
proved and that municipal facilities for the supply of
water and/or disposal of sewage and solid waste will
be provided for the subdivision.
294-9
(Bozeman 11-01)
16.10.070
A. The notice of certification shall include the
following:
1. The name and address of the applicant;
2. A copy of the preliminary plat or a final plat
where a preliminary plat is not necessary;
3. The number of proposed parcels in the subdi-
VISIon;
4. A copy of any applicable zoning ordinances in
effect;
5. How construction of the sewage disposal and
water supply systems or extensions will be financed;
6. A copy of the master plan, when applicable;
7. The relative location of the subdivision to the
city; and
8. Certification that adequate municipal facilities
for the supply of water and disposal of sewage and
solid waste are available or will be provided within
one year after the notice of certification is issued.
(Ord. 1450 S 2 (part), 1998)
16.10.070 Final plat application.
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. The final plat shall conform to
the Uniform Standards for Final Subdivision Plats as
set forth in Chapter 16.08. Plans and data shall be
prepared under the supervision of a registered
surveyor, licensed in the state of Montana, as their
licensing laws allow.
A. Final Plat Submittal. The final plat and all
supplementary documents shall be submitted to the
planning department at least thirty days prior to the
expiration of preliminary plat approval or any exten-
sion thereto. The submittal shall include a final plat
application form, the appropriate review fee, all
required information, and a written explanation of
how each of the conditions of preliminary plat ap-
proval have been satisfied. The final plat shall be
submitted to the planning department in the follow-
ing form, along with the original of all required
documents:
1. Within the City. Two signed cloth-backed, or
equivalent, copies; two signed reproducible copies on
a stable base polyester film or equivalent; two digital
(Bozeman 11-0 I)
copies on tbree-and-one-half-inch DS/DD disk; and
five paper prints.
2. Within the City Zoning Jurisdictional Area.
Two signed cloth-backed, or equivalent, copies; two
signed reproducible copies on a stable base polyester
film or equivalent; two digital copies on three-and-
one-half-inch DS/DD disk; and six paper prints.
3. Within the Bozeman City-County Planning
Jurisdiction, but Outside the City Zoning Jurisdic-
tional Area. One signed cloth-backed, or equivalent,
copy, one reproducible copy on a stable base poly-
ester film or equivalent, one digital copy on three-
and-one-half-inch DS/DD disk, and six paper prints.
B. County Treasurer Certification. A final plat
will not be accepted as complete until the county
treasurer has certified that all real property taxes and
special assessments assessed and levied on the land
to be subdivided are paid.
C. Review of Abstract and Covenants. The cer-
tificate of a licensed title abstractor, two copies of the
covenants, and the conditions of preliminary
approval shall be submitted by the subdivider to the
county attorney's office (for subdivisions outside city
limits) for review and approval prior to submittal of
the final plat application to the planning department.
The county attorney's approval of the covenants and
the county attorney's certificate shall then be
included with the final plat application submittal. The
certificate of licensed title abstractor shall be dated
no earlier than ninety days prior to submittal. For
subdivisions within city limits, the covenants and/or
certificate of licensed title abstractor shall be
submitted to the planning office with the final plat
application, and the planning staff will obtain the city
attorney's approval of the covenants and city
attorney's certificate. The certificate of title
abstractor shall be dated no earlier than thirty days
prior to submittal.
D. Review by the Planning Department. The
planning department will then review the final plat
application to ascertain that all conditions and re-
quirements for final approval have been met. If all
conditions and requirements for final approval have
been met, the planning office shall forward a report
to the appropriate governing body for their action.
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E. Final Plat Approval. The appropriate govern-
ing body shall examine every final plat, and within
forty-five days of the date of submission to the
planning department shall approve it if it conforms to
the conditions ofprelimin~ry approval and the terms
of these regulations.
1. Subdivisions within the City. The city com-
mission shall examine every final plat at a regular
meeting.
a. If the final plat is approved, the director of
public service shall so certify the approval in a
printed certificate on the plat.
b. Ifthe final plat is disapproved, the city com-
mission shall cause a letter to be written to the
subdivider stating the reasons therefore.
2. Subdivisions Outside the City. The county
commission shall examine every final plat at a regu-
lar meeting.
a. lfthe final plat is approved, the county com-
mission shall so certify the approval in a printed
certificate on the plat.
b. If the final plat is disapproved, the county
commission shall cause a letter to be written to the
subdivider stating the reasons therefore.
3. Filing. The subdivider shall file the approved,
signed final plat and all other required certificates
and documents with the clerk and recorder within
sixty days of the date of final approval. (Ord. 1477 ~
7, 1998: Ord. 1450 ~ 2 (part), 1998)
Chapter 16.12
SUMMARY REVIEW PROCEDURES FOR
MINOR SUBDIVISIONS
Sections:
16.12.010
16.12.020
General procedure.
Pre-submittal meeting
or pre-application plan.
Review procedures for minor
subdivisions.
Preliminary plat for the first
minor subdivision from a
tract of record.
16.12.030
16.12.040
16.12.010--16.12.020
16.12.050
Notice of certification that
water and waste services will
be provided by local
government.
Final plat application.
16.12.060
16.12.010 General procedure.
Every plat of subdivision must be reviewed,
approved, and filed for record with the county clerk
and recorder in accordance with the procedures
contained herein before title to the subdivided land
can be sold or transferred in any manner. Subdivi-
sions containing five or fewer lots in which proper
access to all lots is provided and in which no land is
to be dedicated to public use for parks and play-
grounds, shall be reviewed under the procedures of
this chapter. Further, subdivisions containing five or
fewer lots in which proper access to all lots is pro-
vided, in which no land is to be dedicated to public
use for parks and playgrounds, and when the plats
have been approved by the department of environ-
mental quality, shall also be reviewed under the
procedures of this chapter. (Ord. 1450 ~ 2 (part),
1998)
16.12.020 Pre-submittal meeting or
pre-application plan.
Prior to the submittal of a preliminary plat appli-
cation, the subdivider or his representative shall
either meet with the planning department to discuss
these regulations and standards, familiarize the sub-
divider with the goals and objectives of applicable
plans, regulations and ordinances, and to discuss the
proposed subdivision as it relates to these matters, or
submit an application for pre-application review. The
planning department, may, during a pre-submittal
meeting, require a subdivider to submit a pre-
application plan, if, in the opinion of the planning
department, pre-application review comments should
be obtained from other reviewing agencies.
A. Pre-application Plan Review. Ifa pre-applica-
tion plan is required or submitted, the subdivider
shall submit an application for pre-application re-
view, the appropriate fee. and all required pre-appli-
cation information as set forth in Chapter 16.08.
294-11
(Bozeman 11-01)
16.12.030--16.12.040
1. Planning Department Review. Ten copies of
the prewapplication materials are required, unless a
different number of copies is agreed to during a pre-
submittal meeting. The planning department shall
review the pre-applicatic~m plan and advise the
subdivider as to whether the plans and data meet the
goals and objectives of applicable plans and these
regulations.
a. Agency Review. The planning department
will distribute the pre-application information to
appropriate county and city departments and state
and federal agencies for review and written com-
ment. All written comments received from various
agencies, along with the planning department's
comments regarding whether the plans and data meet
the goals and objectives of applicable plans,
ordinances, and these regulations, will be forwarded
to the applicant to aid in the preparation of the
preliminary plat.
b. Time for Review. The planning department
shall review the pre-application plan and within
thirty working days advise the subdivider as to
whether the plans and data meet the goals and ob-
jectives of applicable plans and these regulations.
Every effort shall be made by the planning depart-
ment to obtain department and agency comment
within this time period.
2. Optional Planning Board Review. lfthe sub-
divider so wishes, he may request in writing that the
planning board review pre-application plans. The
letter of request and twenty copies of the pre-applica-
tion materials are required for this optional review.
a. The request must be received at least thirty
working days prior to the planning board meeting at
which it is to be considered. The application will be
submitted to the planning board at their next
available meeting. A copy of the approved minutes
of the planning board meeting will be forwarded to
the subdivider. (Ord. 1477 S 8, 1998: Ord. 1450 S 2
(part), 1998)
16.12.030 Review procedures for minor
subdivisions.
After the requirement for pre-submittal and/or pre-
application review has been satisfied, the subdivider
(Bozeman 11-01)
shall submit a preliminary plat. Preliminary plats are
submitted to the planning department and must
conform to the requirements of these regulations. The
preliminary plat shall be prepared by a surveyor
licensed to practice in the state of Montana.
A. First Minor Subdivision Created From a Tract
of Record. For a first minor subdivision created from
a tract of record, the requirements for a public
hearing and preparation of an environmental assess-
ment do not apply.
B. Variance Requests for Minor Subdivisions. If
the subdivider of a minor subdivision is requesting a
variance from any requirement of these regulations,
the procedures of Section 16.30.010 must be
followed. Due to the requirement for a public hearing
on variance requests, the subdivider shall provide the
planning office with a written extension of the thirty-
five-day review period referred to in Section
16.I2.040E of these regulations at the time the
preliminary plat application and variance request are
submitted.
C. Second or Subsequent Minor Subdivision
Created from a Tract of Record. For a second or
subsequent minor subdivision created from a tract of
record the planning board may require the prepa-
ration of all or part of an environmental assessment.
A public hearing shall be held in accordance with the
hearing procedures in Section 16.10.050. The
subdivider shall be provided with a written statement
of the reasons for requiring the public preparation of
an environmental assessment after the prewsubmittal
meeting or prewapplication plan review has been
completed. (Ord. 1450 S 2 (part), 1998)
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16.12.040 Preliminary plat for the first
minor subdivision from a tract
of record.
A. Preliminary Plat Application Submission.
Within at least eighteen days prior to the next regular
planning board meeting, the subdivider shall submit
an application for minor subdivision review, the
appropriate fee, and the following number of copies
of all required preliminary plat information and
supplementary information, as set forth in these
regulations.
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t. Within the city: twenty copies.
2. Within the city zoning jurisdictional area:
twenty copies.
3. Within the Bozeman city-county planning
jurisdiction, but outside th~ city zoningjurisdictional
area: twenty copies.
The planning department shall review the appli-
cation within three working days to determine if the
application is complete. The review period shall
begin on the date that the planning department de-
termines the application is complete. An application
is complete only if it contains all of the information
required by these regulations. If the application is
incomplete, the application, review fee and a written
explanation of why the application is incomplete will
be returned to the subdivider.
B. Affected Agencies. The planning department
shall submit copies of the preliminary plat and sup-
plementary information to the affected utilities and
public agencies for review and comment. If the
proposed subdivision is situated within a rural school
district, the planning department shall provide an
informational copy of the preliminary plat to the rural
school district. Review by public agencies or utilities
shall not delay the appropriate governing body's
consideration of the preliminary plat beyond the
statutory thirty-five-day review period.
C. Planning Board Review. The planning board
shall review the proposed first minor subdivision at a
regular meeting. At the public meeting, the planning
board shall 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 master plan, the Montana
Subdivision and Platting Act, and other adopted state
and local ordinances, including, but not limited to
applicable zoning regulations.
D. Planning Board Recommendation. Within ten
days of their review, the planning board shall submit
in writing to the appropriate governing body, a
resolution forwarding its advise regarding the items
listed under subsection C of this section, and a
recommendation for approval, conditional approval,
or disapproval of the plat.
16.12.040
E. Appropriate Governing Body Action. The
appropriate governing body shall approve, condition.
ally approve, or disapprove the preliminary plat of a
first minor subdivision within thirty-five days of
determination that the application is complete, unless
there is a written extension from the subdivider.
1. For subdivisions located within the corporate
limits of the city, or for subdivisions on land which
has concurrently applied for annexation to the cor-
porate limits of the city, the city commission shall
consider the application and planning board's rec-
ommendation during a regular public meeting of the
commiSSIOn.
2. For subdivisions located outside of the corpo-
rate limits of the city, the Gallatin County commis-
sion shall consider the application and planning
board's recommendation during a regular meeting of
the commission.
F. Criteria for Governing Body Action. The
basis for the appropriate governing body's decision
to approve, conditionally approve, or disapprove the
subdivision shall be whether the preliminary plat,
applicable environmental assessment, applicable
public hearing, planning board advice and recom-
mendation, and additional information demonstrate
that development of the subdivision meets the re-
quirements of the Montana Subdivision and Platting
Act. The appropriate governing body may not deny
approval of a subdivision based solely on the subdi-
vision's impacts on educational services.
G. Mitigation. The appropriate governing body
may require the subdivider to design the subdivision
to reasonably minimize potentially significant ad-
verse impacts identified through the review required
under these regulations. The appropriate governing
body shall issue written findings to justify the
reasonable mitigation required by these regulations.
The appropriate governing body may not unreason.
ably restrict a landowner's ability to develop land,
but it is recognized that in some instances the un-
mitigated impacts of a proposed development may be
unacceptable and will preclude approval ofthe plat.
When requiring mitigation under this subsection,
the appropriate governing body shall consult with the .
294-13
(Bozeman 11-01)
16.12.050
subdivider and shall give due weight and consid-
eration to the expressed preference ofthe subdivider.
H. Findings of Fact. The appropriate governing
body shall issue written findings of fact that discuss-
es and weighs the follow!ng criteria, as applicable
(pursuant to Section 76-3-608, MCA):
1. The effect on agriculture, agricultural water
user facilities, local services, the natural environ-
ment, wildlife and wildlife habitat, and public health
and safety;
Exception: When a minor subdivision is proposed
in an area where a master plan has been adopted
pursuant to Chapter 1, Title 76, MCA, and the pro-
posed subdivision will comply with the plan, the
subdivision is exempt from the review criteria listed
in subsection (H)(1) ofthis section, but is subject to
applicable zoning regulations.
In order for a master plan to serve as the basis for
this exemption, the master plan must, at a minimum,
contain housing, transportation, and land-use
elements sufficient for the appropriate governing
body to protect public health, safety, and welfare, as
well as a discussion of physical constraints on
development that exist within the area encompassed
by the proposed subdivision.
2. Compliance with the survey requirements of
the Montana Subdivision and Platting Act;
3. Compliance with these local subdivision
regulations and the review process of these regula-
tions;
4. The provision of easements for the location
and installation of any necessary utilities; and
5. The provision of legal and physical access to
each parcel within the subdivision and the required
notation of that access on the applicable plat and any
instrument transferring the parcel.
The written findings of fact shall include:
a. The reason for the denial or condition imposi-
tion;
a. The evidence that justifies the denial or con-
dition imposition; and
c. Information regarding the appeal process for
the denial or condition imposition.
I. Preliminary Plat Approval Period. Upon
approving or conditionally approving a preliminary
(Bozeman 11-01)
plat, the appropriate governing body shall provide the
subdivider with a dated and signed statement of
approval. This approval shall be in force for not more
than three calendar years or less than one calendar
year. At the end of this period the appropriate
governing body may, at the request of the subdivider,
extend its approval for no more than one calendar
year, except that the appropriate governing body may
extend its approval for a period of more than one
year if that approval period is included as a specific
condition of a written subdivision improvements
agreement between the appropriate governing body
and the subdivider, provided for in Chapter 16.22.
J. Changes to Conditions After Approval. Upon
written request of the subdivider, the appropriate
governing body may amend conditions of prelimi-
nary plat approval where it can be found that errors
or changes beyond the control of the subdivider have
rendered a condition unnecessary, impossible, or
illegal.
1. The written request shall be submitted to the
planning department.
2. The written consent of all purchasers ofland
(via contract for deed, etc.) shall be included with the
written request to amend conditions.
3. At a regularly scheduled meeting, the appro-
priate governing body may approve the requested
change if it meets the criteria set forth in these
regulations.
4. The appropriate governing body shall issue
written findings of fact as required in these regula-
tions.
K. Additional Conditions After Approval. After
the preliminary plat is approved, the appropriate
governing body may not impose any additional
conditions as a prerequisite to final plat approval,
providing said approval is obtained within the origi-
nal or extended approval period as provided above.
(Ord. 1477 9 9,1998: Ord. 145092 (part), 1998)
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16.12.050 Notice of certification that
water and waste services will be
provided by local government.
When a subdivision is approved that will be
provided municipal facilities for the supply of water
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and/or disposal of sewage and solid waste, the plan-
ning office shall, within twenty days after prelimi-
nary plat approval is granted, send notice of certifi-
cation to the Montana Department of Environmental
Quality that a subdivision ~as been preliminarily ap-
proved and that municipal facilities for the supply of
water and/or disposal of sewage and solid waste will
be provided for the subdivision.
The notice of certification shall include the fol-
lowing:
A. The name and address of the applicant;
B. A copy ofthe preliminary plat or a final plat;
C. The number of proposed parcels in the subdi-
vision;
D. A copy of any applicable zoning ordinances in
effect;
E. How construction ofthe sewage disposal and
water supply systems or extensions will be financed;
F. A copy of the master plan, when applicable;
G. The relative location of the subdivision to the
city; and
H. Certification that adequate municipal facilities
for the supply of water and disposal of sewage and
solid waste are available or will be provided within
one year after the notice of certification is issued.
(Ord. 1450 ~ 2 (part), 1998)
16.12.060 Final plat application.
The final plat application requirements of Section
16.08.050 of these regulations shall be followed.
(Ord. 1450 ~ 2 (part), 1998)
Chapter 16.14
DESIGN AND IMPROVEMENT
STANDARD~GENERAL
Sections:
16.14.010
16.14.020
16.14.030
16.14.040
16.14.050
16.14.060
General standards.
Lots.
Blocks.
Sidewalks.
Easements.
Fire protection requirements.
16.12.060--16.14.020
16.14.070
16.14.080
16.14.090
16.14.100
16.14.110
16.14.120
16.14.130
16.14.140
16.14.150
Grading and drainage.
Mail delivery.
Park requirements.
Sanitary sewers.
Utilities.
Water supply system.
Watercourse setback.
Noxious weeds.
Cleanup of property required.
16.14.010 General standards.
A. Conformance. The design and development of
a subdivision shall conform with adopted com-
prehensive plans, zoning ordinances and other reso-
lutions and regulations, including any and all
amendments thereto.
. B. Natural Environment. The design and devel-
opment of the subdivision shall, insofar as it is
possible, preserve or enhance the natural terrain,
natural drainage, existing topsoil, trees, and natural
vegetation.
C. Lands Unsuitable for Subdivision. Land which
the appropriate governing body has found to be
unsuitable for subdivision because of potential
hazards such as flooding, land slides, excessive
slope, rock falls, snow avalanches, subsidence, high
water table, polluted or nonpotable water; or because
of unreasonable burdens on the general public such
as requirements for the excessive expenditure of
public funds, environmental degradation, or con-
gestion in the streets or roads shall not be subdivided
for building or residential purposes unless the
hazards or excessive public burdens are eliminated or
will be overcome by appropriate design and
construction plans. Slopes in excess of twenty-five
percent shall be presumed unbuildable unless other-
wise provided by the developer.
D. Re-vegetation. All areas disturbed during
construction shall be reseeded with vegetation types
approved by the Gallatin County Weed Control
Supervisor. (Ord. 1450 ~ 2 (part), 1998)
16.14.020 Lots. (See Figure I)
A. Dimensions and Orientation. Lot size, width,
shape, and orientation shall be appropriate for the
294w 15
(Bozeman 11-01)
16.14.030
location and contemplated use of the subdivision. Lot
designs with irregular shapes, narrow necks, points,
and flag shapes shall be permitted only when the
subdivider can demonstrate that the proposed lot
designs are necessary due to topography or other
physical constraints. Each lot shall contain a satis-
factory building site and shall conform to zoning
ordinances and comprehensive plans, where official-
ly adopted, and to the regulations of the State De-
partment of Environmental Quality.
B. Division by Rights-of-Way. No single lot shall
be divided by a dedicated right-of-way or easement,
which would reduce the buildable area to a size less
than required by these and other adopted regulations.
C. Double and Reverse Frontage. Double front-
age and reverse frontage lots shall be avoided except
where essential to provide separation of residential
development from arterial streets orroads; to provide
access to development adjacent to limited access
roads; to overcome topography or other physical
conditions; or to overcome specific disadvantages of
existing design and orientation.
D. Comer Lots. Comer lots shall have sufficient
width to permit appropriate building setback from
both streets or roads, and provide acceptable visibili-
ty for traffic safety.
E. Width. Lots shall have a width sufficient to
allow normal construction without the construction
encroaching on property lines, and shall comply with
zoning regulations, where applicable.
F. Depth. No lot shall have an average depth
greater than three times its average width.
G. Side Lot Lines. Side lot lines shall be, when-
ever practical, at right angles or radial to street or
road lines.
H. Frontage on Public Streets or Roads. Each lot
shall have a minimum of thirty feet of frontage on a
public street or road or on a public street or road
easement, to provide, among other things, adequate
room for snow removal along the lot access (drive-
way), and utility easements. (Ord. 1450 ~ 2 (part),
1998)
(Bozeman 11-0 I)
16.14.030 Blocks. (See Figure 1)
A. Size and Orientation. Blocks shall be designed
to assure traffic safety and ease of traffic control and
circulation, to accommodate the special needs of the
use contemplated, and to take advantage of the
limitations and opportunities of the topography.
B. Block Length. Block length shall not be
designed, unless otherwise impractical, to be more
than twelve hundred feet or less than four hundred
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 a
traffic arterial 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 feet wide, shall
be required where deemed essential to provide
circulation or access to schools, playgrounds, shop-
ping centers, transportation and other community
facilities.
E. Subdivisions which have clearly delineated
blocks shall use block numbers or letters, and each
block shall contain its own grouping of lot numbers.
(Ord. 1477 ~ 10, 1998: Ord. 1450 ~ 2 (part), 1998)
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-
16.14.040-16.14.050
FIGURE 1
SUBDIVISION LOT TERMS
+-
Block Length (400 ft. - 1,200 ft.)
--+
Reverse
Corner t Interior Frontage
Lot
Lot Double Lot Rear Lot
Frontage +- Line
Lot i
Lot -l- Lot Front
+- Width --+ Depth Lot --+
Line(s)
.l. .l-
16.14.040 Sidewalks.
A. Within the City. City standard sidewalks
(including a concrete sidewalk section through all
private drive approaches) shall be constructed in all
subdivisions on all public and private street frontage
of a property at the time street improvements are
installed.
B. Outside City Limits. Typically, sidewalks will
not be required in rural subdivision. The county
commission may, however, require sidewalks to be
installed when sidewalks are determined necessary
for the public health and safety. (Ord. 1450 ~ 2
(part), 1998)
BLOCK
Block
\Vidtb
(two
tiers
of
lots)
J.
16.14.050 Easements.
A. Required Easements. Where determined to be
necessary, the appropriate governing body shall
require that easements be provided as for utilities,
drainage, vehicular or pedestrian access, and plant-
ing screens. All easements shall be shown on the
plat.
B. Utility Easements. Privately owned utility
easements shall meet the following standards:
1. Utility easements shall be centered along side
and rear lot lines wherever possible, and, if placed
in the street or road, shall be located in a location
required by and agreed upon in writing by all of the
appropriate utility companies and the appropriate
governing body.
294-17
(Bozeman 4.98)
16.14.060
2. Rear and side yard utility easements shall be
twenty feet wide, centered on lots lines, where prac-
tical, and front yard utility easements shall be
twelve feet wide, except the appropriate governing
body may require easements for sanitary sewer,
storm sewer, and water lines to be thirty feet wide.
In the event front yard easements are used, rear yard
easements must still be provided unless written
confirmation is submitted to the planning depart-
ment from all utility companies indicating that front
yard easements only are adequate.
3. Where a utility is to be located in an existing,
dedicated right-ot-way, an encroachment permit
must be obtained from the local or state street or
road department having jurisdiction.
4. The following statement shall appear on the
fmal plat
a. Outside Qty Limits. "The undersigned hereby
grants unto each and every person, firm, or corpora-
tion, whether public or private, providing or offering
to provide telephone, telegraph, electric power, gas,
cable television, water or sewer service to the pub-
lic, the right to the joint use of an easement for the
construction, maintenance, repair and removal of
their lines and other facilities, in, over, under and
across each area designated on this plat as 'Utility
Easement' to have and to hold forever."
b. Within City Limits. "The undersigned hereby
grants unto each and every person, firm, or corpora-
tion, whether public or private, providing or offering
to provide telephone, telegraph, electric power, gas,
or cable television service to the public, the right to
the joint use of an easement for the construction,
maintenance, repair and removal. of their lines and
other facilities in, over, under and across each area
designated on this plat as 'Utility Easement' to have
and to hold forever."
C. Drainage and Irrigation Maintenance Ease.
ments. Where a subdivision is traversed by a water-
course, drainage way, channel, ditch, or stream,
easements or rights-of-way in addition to the width
of the watercourse may be required to parallel the
lines of such watercourse at a sufficient width to
allow for maintenance. Irrigation canals/ditches shall
require a minimum easement width of twenty feet
(Bozeman 4-98)
beyond the limits of the watercourse; fifteen feet on
one side and five feet on the other side of the water-
course for maintenance purposes.
The realignment or relocation of active irrigation
ditches is discouraged. If an irrigation ditch or
points of diversions thereon is proposed to be re-
aligned or relocated, the subdivider's professional
engineer shall certify, prior to final plat approval,
that the amount of water entering and exiting the
realigned or relocated irrigation ditch is the same
amount of water that entered or exited the ditch
prior to realignment or relocation. (Ord. 1450 ~ 2
(part), 1998)
16.14.060 Fire protection requirements.
All subdivisions shall provide adequate fire pro-
tection.
A. If a subdivision is not located in the city or
a rural fire district or fire service area, one of the
following alternatives shall be met:
1. If contiguous to a fire district or fire service
area, annex to the district or area.
2. If the annexation is unsuccessful, contract for
fire protection service or form a new fire district
3. Or, provide other reasonable protection as
recommended by the county fire chief, or his
designee. and approved by the county commission.
B. If a subdivision is located in or annexes to a
fire district or fire service area, the subdivider shall
pay the following fee:
1. The fire impact fee, as adopted in accordance
with the fire impact fee regulation. if the appropriate
fire district/fire service area has entered into an
agreement with Gallatin County for collection of the
fire impact fees. The fire impact fee shall be placed
into a fire protection impact fee fund in accordance
with the fire impact fee regulation.
2. A one hundred dollar per lot (or per new lot
if already in a fire district or fire service area) fee
if the appropriate fire district/fire service area has
not entered into an agreement with Gallatin County
for collection of the fire impact fees. The one hun-
dred dollar per lot fee shall be placed in a fund
reserved for fire service improvements.
294.18
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C. In subdivisions with public water systems, as
defined by Section 76-4-102, MCA and ARM
16.16.101, National Fire Protection Association
(NFP A) standards for hydrant systems shall be met.
D. In subdivisions wit~out public water systems,
as defined by Section 76-4-102, MCA and ARM
16.16.101, NFP A standards for fill sites shall be met.
If an existing fill site is not located close enough to
meet NFPA standards, the subdivider shall install a
fill site. If the subdivision will have access to an
existing fill site, the subdivider ofthe fill site shall be
reimbursed.
E. In minor residential subdivisions (Group R,
Division 3, Uniform Fire Code), the subdivider shall
provide one of the following standards to ensure a
reasonable level of fire protection and life-safety to
the public and firefighters. This standard may be
applied to major subdivisions only when written
approval of the fire chief or his designee is obtained
in advance.
1. A single ten-thousand-gallon water supply
with approved dry-hydrant type fittings for each
home and associated structure (detached garage, shop
under five thousand square feet, etc.). The water
supply shall be:
a. Capable of delivering five hundred gallons per
minute for twenty minutes;
b. The fire department connection (FDC) shall be
located not more than one hundred twenty-five feet,
but not less than seventy-five feet, from the main
door on the street side of the structure and in a
location approved by the fire chief; and
c. Be a clean metal, fiberglass or concrete tank,
approved by the fire chief, or a dry hydrant, approved
by the fire chief or his designee, and permitted by the
appropriate state stream alteration permit (if
required).
2. A single twenty-thou sand-gallon water tank
for two- to five-lot subdivisions, provided the tank
and required FDC is located no closer than seventy-
five feet from the nearest home and no further than
five hundred feet from the main entrance on the
street side of the most distant house as measured
using an approved route. An approved horizontal
standpipe or dry distribution system may be used to
16.14.060
meet the distance requirements provided the capacity
of the piping is added to the required storage capaci-
ty. The fire chief or his designee shall review and
comment on all subdivision requests, and may im-
pose additional requirements upon lots greater than
five acres in size or residences to be built within a
wildland/urban interface area. The water supply shall
be:
a. Capable of delivering five hundred gallons per
minute for twenty minutes;
b. The fire department connection (FDq shall be
located not more than one hundred twenty-five feet,
but not less than seventy-five feet, from the main
door on the street side of the structure, and in a
location approved by the fire chief; and
c. Be a clean metal, fiberglass or concrete tank,
approved by the fire chief or a dry hydrant, approved
by the fire chief, or his designee, and permitted by
the appropriate state stream alteration permit (if
required).
3. A rural fill site, meeting the flow requirements
of the currently adopted edition of the Uniform Fire
Code, at a site approved by the fire chief or his
designee. The fill site shall provide a minimum
sustained fire flow of one thousand gallons per
minute for two hours. If any structures within the
subdivision are greater than three thousand six hun-
dred square feet, the fill site shall provide one thou-
sand five hundred gallons per minute for two hours.
The fill site shall provide year-around access, provi-
sions for apparatus turn-around, and fire department
connections approved by the fire chief or his
designee. The fill site shall be owned, maintained and
kept accessible privately or by the appropriate
owners association.
4. R-3 occupancies, as defined by the Uniform
Fire Code, may be protected by automatic fire sprin-
kler systems meeting the requirements ofNFPA 13D.
If the residential fire sprinklering option is exercised,
exposures must be no closer than fifty feet from the
residence. Note: Lot size and wildland/urban
interface conditions may dictate add itional fire
protection requirements (e.g., additional access,
defensible space, etc.).
294-19
(Bozeman 11.01)
16.14.070
5. A pressurized fire hydrant system meeting the
flow requirements of Appendix 3-A of the Uniform
Fire Code. Spacing of fire hydrants shall not exceed
five hundred feet and hydrant location shall be
approved by the fire chief or his designee.
6. Existing approved water supplies may be used
with the written permission of the fire chief for
whole or partial credit for the required water of the
previous five standards.
F. Proportionate Reimbursement. If subsequent
subdivisions will be served by an existing fill site, the
county commission shall include reimbursement of a
portion of the original fill site improvement costs as a
condition of preliminary approval of any subsequent
subdivision. This reimbursement condition shall be
in effect for ten years from the date the county
commission directs the original subdivider to
construct the fill site.
The proportionate reimbursement shall be deter-
mined based on the ratio ofthe number of lots in the
subdivision to the total number of lots served by the
fill site. The ratio then is multiplied by the total cost
of the fill site. When the total cost of a fill site has
been reimbursed, subsequent subdivisions will not be
subject to this requirement.
G. Reimbursement Methodology. The original
subdivider shall forward the total costs of improve.
ments to the planning department within sixty days
ofthe completion of the improvements. Subsequent
subdividers shall pay their proportionate reimburse-
ment to the planning department. The planning
department shall then make disbursements within
sixty days of receiving reimbursement funds. Funds
shall be disbursed to the entity which has the re-
sponsibility for maintenance of the facility. (Ord.
1450 ~ 2 (part), 1998)
16.14.070 Grading aDd drainage.
The subdivider shall provide a complete grading
and drainage plan with accurate dimensions, courses
and elevations, showing the proposed grades of
streets and roads and drainage improvements.
A. Provisions shall be made for the control and
drainage of surface water around buildings. On
graded sites, the top of any exterior foundation shall
(Bozeman 11-0 I)
extend above the elevation of the street gutter at a
point of discharge or inlet of an approved drainage
device a minimum of twelve inches plus two percent.
Final grading shall provide a downward slope away
from the building along the foundation walls. The
final grade shall provide a minimum slope of one-
half unit vertical in twelve units horizontal (four per-
cent slope) for a minimum of six feet from the
building. All subdivision lots and street boulevard
areas shall be graded no lower than the back of curb
or level of street, whichever is applicable, prior to
final plat approval.
B. The drainage system and facilities required for
any surface run-off affecting the subdivision shall
meet the minimum standards of the Montana
Department of Environmental Quality, Division of
Environmental Sanitation, as required by Sections
76-4-101 through 76-4-128, MCA, and all regula-
tions adopted pursuant thereto, and are subject to the
approval of the appropriate governing body.
I. The subdivider shall provide suitable drainage
facilities for any surface run-off affecting the subdi-
vision.
a. For subdivisions outside the corporate limits
of the city, these facilities shall be located in county
road rights-of-way or in perpetual easements of
appropriate widths and are subject to approval by the
county commission.
b. Drainage facilities, including detention and/or
retention facilities, for subdivisions within the city
and the zoning jurisdictional area, shall be provided
in accordance with the criteria and provisions of the
city's stormwater master plan.
2. Drainage systems shall not discharge into any
sanitary sewer facility.
C. A detailed site grading plan shall be provided
with the subdivision infrastructure improvement
plans. The plan shall include, at a minimum, existing
contours, final plat contours, and where necessary,
spot elevations after street and drainage im-
provements have been constructed, and drainage
flow arrows reflecting final developed lot grading.
The plan must demonstrate that the final plat grading
and final property grading will provide adequate
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294-20
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drainage to an acceptable discharge point, without
adverse impacts to adjacent, down gradient, proper-
ties. Off-site drainage facilities and drainage ease-
ments or other rights of occupancy shall be provided
where necessary for conveyance of drainage off site.
D. When a proposed subdivision adjoins
unsubdivided land and storm sewer infrastructure to
the unsubdivided land would reasonably pass through
the new subdivision, storm sewer infrastructure shall
be arranged to allow the suitable development of the
adjoining unsubdivided land. Storm sewer
infrastructure within the proposed subdivision shall
be constructed to the boundary lines of the tract to be
subdivided, unless prevented by topography or other
physical conditions, in which case a variance must be
approved by the appropriate governing body. (Ord.
1477 ~ 11, 1998: Ord. 1450 ~ 2 (part), 1998)
16.14.080 Mail delivery.
If mail delivery will not be to each individual lot
within the subdivision, the subdivider shall provide
an off-road area for mail delivery within the subdi-
vision in cooperation with the United States Postal
Service. It shall not be the responsibility of the city
or county to maintain or plow any mail delivery area
constructed within a city or county rightpof-way.
(Ord. 1450 ~ 2 (part), 1998)
16.14.090 Park requirements.
Except as provided in subsection D of this section,
all subdivisions shall be considered to be residential
subdivisions, and park requirements shall be satis-
fied, unless there are adopted zoning restrictions
which prohibit residential development or it can be
shown that the subdivider has immediate plans for
nonresidential development.
A. Dedication. A plat of residential subdivision
shall dedicate to the appropriate governing body, a
cash or land donation equal to the following:
1. Eleven percent of the area of the land pro-
posed to be subdivided into parcels of one-half acre
or smaller.
2. Seven and one-half percent of the area of the
land proposed to be subdivided into parcels larger
than one-half acre and not larger than one acre.
16.14.080--16.14.090
3. Five percent of the area of the land proposed
to be subdivided into parcels larger than one acre and
not larger than three acres; and
4. Two and one-half percent of the area of the
land proposed to be subdivided into parcels larger
than three acres and not larger than five acres.
B. When a subdivision is located within the city,
three-one-hundredths (0.03) acres per dwelling unit
of cash in lieu or land donation shall be provided.
These requirements are based on the community
need for parks and the development densities
identified in the master plan and zoning regulations.
Park dedication requirements established hereunder
are in lieu of those provided in subsection A of this
section.
1. If a subdivision is proposed within a multi-
family zoning district and the density of the property
is unknown, cash in lieu of land donation of eleven
percent of the land proposed to be subdivided into
lots for multi-family use shall be provided. This park
dedication requirement is based on the community
need for parks, as identified in the currently adopted
Parks and Trails Master Plan.
2. For the purpose of this section, "dwelling
unit" means a residential structure in which a person
or persons reside.
C. When a subdivision is located totally within
an area for which density requirements have been
adopted pursuant to a master plan under Title 76,
Chapter 1, MCA, or pursuant to zoning regulations
established under Title 76, Chapter 2, MCA, the
appropriate governing body may establish park
dedication requirements based on the community
need for parks and the development densities identi-
fied in the plans or regulations. Park dedication
requirements established under this section are in lieu
of those provided in subsection A of this section, and
may not exceed three-one-hundredths (0.03) acres
per dwelling unit.
D. A park dedication or cash in lieu thereof may
not be required for:
1. A minor subdivision;
2. Land proposed for subdivision into parcels
larger than five acres;
294-21
(Bozeman 11.01)
16.14.090
3. Subdivision into parcels that are all nonresi-
dential;
4. A subdivision in which parcels are not created,
except when that subdivision provides permanent
multiple spaces for recreational camping vehicles,
mobile or manufactured homes, or 'condominiums;
5. A subdivision in which only one additional
parcel is being created.
E. Use. The subdivider shall indicate the pro-
posed use of the park as active, passive, playground,
ballfield, etc. However, the final use of the park shall
be determined by the appropriate governing body.
F. Location. The appropriate governing body, in
consultation with the subdivider, the planning board,
and park and recreation board (where appropriate),
may determine suitable locations for parks and
playgrounds. Parkland must be located on usable
land, and should be kept in a large block. If consis-
tent with a master plan or parks plan, linear parks
may be proposed along creeks or in swales, thus
providing trail corridors.
Giving due weight and consideration to the ex-
pressed preference of the subdivider, the appropriate
governing body may determine whether the park
dedication must be a land donation, cash donation, or
a combination of both. When a combination of land
donation and cash donation is required, the cash
donation may not exceed the proportional amount not
covered by the land donation.
1. Parkland, shall, at a minimum, have frontage
on at least one public or private street or road. Two
accesses should be provided to every park.
G. Development Subdividers shall consult any
adopted parks, open space and trails (POST) plans
and with the recreation and parks advisory board
implementing such plans to determine the types of
parks needed for the proposed subdivision and
surrounding area. At a minimum, all subdivision
parks shall be developed to the following standards
by the subdivider, prior to final plat approval.
1. Stormwater DetentionlRetention Ponds. Public
parkland may not be used for stormwater detention or
retention ponds, unless approved by the appropriate
governing body.
(Bozeman I I ~o I )
2. Boundaries. The park boundary bordering all
private lots shall be delineated at the common pri-
vate/public corner pins, with flat, flexible fiberglass
posts, a minimum of six feet in length with no less
than two feet driven into the ground. Each post must
be labeled with a permanent glue on sign stating
"park boundary" or "property boundary." Other
forms of boundary marking may be approved by the
planning or other appropriate department
3. Construction. At a minimum, the park area
must have all fencing material, construction debris,
and other trash removed. The park area(s) shall be
leveled and any disturbed areas reseeded, to allow
mowing with turf type mowers.
4. Trails. If linear trail parks are proposed, five
foot pedestrian trails and bridges, where necessary,
shall be installed. Trails and bridges must meet
Americans with Disabilities Act (ADA) specifica-
tions and maintain a natural appearance. Trail and
bridge specifications shall be submitted to the plan-
ning department for review and approval. Any nec-
essary permits for bridges shall be obtained by the
subdivider from the appropriate agency prior to
installation of the bridges.
5. Sidewalks. Sidewalks, when required within
the subdivision, shall be installed by the subdivider at
points where the park borders or crosses streets, rear
yard frontages, or other nonlot frontages.
6. Waiver of Park Maintenance District For all
subdivisions within city limits, the subdivider shall
sign and file with the final subdivision plat, a waiver
of right to protest the creation of park maintenance
district( s).
H. Cash in Lieu of Parkland Donation. Where in
the opinion of the appropriate governing body the
dedication of land for parks and playgrounds is
undesirable because of size, topography, shape,
location, or other circumstances, the appropriate
governing body 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.
I. For the purpose of these regulations, the fair
market value is the value of the unsubdivided, unim
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proved land.
2. Where cash has been accepted in lieu ofland
dedication, the amount of cash donation shall be
stated on the final plat.
3. Where cash has been accepted in lieu of land
dedication, the appropriate governing body shall
record in the minutes of the meeting of the prelimi-
nary plat for the proposed subdivision why the
dedication of land for parks and playgrounds was
undesirable.
4. It shall be the responsibility of the subdivider
to provide an appraisal of the fair market value by a
certified real estate appraiser of their choosing. The
appraisal fee shall be the responsibility of the
subdivider.
I. Use of Park Funds.
1. The appropriate governing body shall use the
dedicated money or land for development, acquisi~
tion, or maintenance of parks to serve the subdivi-
sion.
2. The appropriate governing body may use the
dedicated money to acquire, develop, or maintain,
within its jurisdiction, parks or recreational areas or
for the purchase of public open space or conservation
easements, only if:
a. The park, recreational area, open space, or
conservation easement is within a reasonably close
proximity to the proposed subdivision; and
b. The appropriate governing body has formally
adopted a park plan that establishes the needs and
procedures for use of the money.
3. The appropriate governing body may not use
more than fifty percent of the dedicated money for
park maintenance.
J. Property Owners' Association. In subdivisions
which do not qualifY as planned unit developments,
the appropriate governing body may waive
dedication and cash donation requirements when the
subdivider agrees to create a property owners'
association for the proposed subdivision and to deed
to the association land to be held in perpetuity for use
as parks or playgrounds. The area of land and any
improvements set aside for park and recreational
purposes shall equal or exceed the area of the dedi-
cation required. In subdivisions within city limits in
16.14.090
which this provision is utilized, the owner's associ-
ation document shall include a provision wherein the
city is named successor in interest ofthe park.
K. Subdivisions Created for Rent or Lease. The
appropriate governing body may waive dedication
and cash donation requirements for subdivisions to
be created by rent or lease (i.e., manufactured or
mobile home parks, and condominiums) where the
subdivider agrees to develop parks or playgrounds
within the subdivision for the common use of the
residents of the subdivision. The area ofland and any
improvements set aside for park and recreational
purposes shall equal or exceed the area of the dedi-
cation required.
L. Previously Dedicated Parks. If a tract of land
is being developed under single ownership as a part
of an overall plan, and part of the tract has been
subdivided and sufficient park lands have been
dedicated to the public from the area that has been
subdivided to meet the requirements ofthis section
for the entire tract being developed, the appropriate
governing body shall issue an order waiving the land
dedication and cash donation requirements for the
subsequently platted area.
M. Waiver of Park Dedication. The appropriate
governing body shall waive the park dedication
requirement if:
1. The preliminary plat provides long-term pro-
tection of critical wildlife habitat; cultural, historical,
or natural resources; agricultural interests; or aes-
thetic values; and the area of the land proposed to be
subdivided, by virtue of providing long term
protection provided herein, is reduced by an amount
equal to or exceeding the area of the dedication
otherwise required.
2. The preliminary plat provides for a planned
unit development or other development with land
permanently set aside for park and recreational uses
sufficient to meet the needs of the persons who will
ultimately reside in the development; and the area of
the land and any improvements set aside for park and
recreational purposes equals or exceeds the area of
the dedication otherwise required.
294-23
(Bozeman 11-0 I )
16.14.100--16.14.120
3. The area of the land proposed to be subdivid-
ed, by virtue of a combination of the provisions of
subsections (M)(1) and (M)(2) of this section, is
reduced by an amount equal to or exceeding the area
of the dedication required. (Ord. 1477 ~ 12, 1998:
Ord. 1450 ~ 2 (part), 1998) ,
16.14.100 Sanitary sewers.
A. Where the subdivision is within the service
area of a public sanitary sewer system, the subdivid-
er shall install complete sanitary sewer system facili-
ties in accordance with the requirements of the
municipality or sewer district involved and the State
Department of Environmental Quality. The subdivid-
er shall submit plans and specifications for the pro-
posed facilities to the muniCipality or sewer district
involved and to the State Department of Environ-
mental Quality, and shall obtain their approvals prior
to undertaking any construction.
B. Where lots cannot be served by the extension
of an existing public sanitary sewer system, the
subdivider shall obtain approval of lot sizes for
individual septic tanks and disposal fields or approv-
al of neighborhood disposal systems from the State
Department of Environmental Quality. Percolation
data and/or comments from local health officers must
accompany the request for approval to the State De-
partment of Environmental Quality.
C. City Street Cut Moratorium. During a period
of seven years following the initial paving, or any
subsequent repaving of a street, no street cut permits
will be issued to cut said street. This moratorium on
cutting newly paved city-maintained streets may be
lifted only under the following circumstances:
1. Emergency situations that require cutting the
street. The state of emergency will be determined by
the city street superintendent.
2. For new fire sprinkler service lines required
by the city fire marshal to be installed prior to the
end of the seven-year moratorium period when no
alternate connection point is available.
3. When funding becomes available in the city's
own capital improvements program for a project that
cannot be otherwise delayed and requires cutting the
street.
(Bozeman 11-01)
D. When a proposed subdivision adjoins
unsubdivided land and sanitary sewer infrastructure
to the unsubdivided land would reasonably pass
through the new subdivision, sanitary sewer
infrastructure shall be arranged to allow the suitable
development of the adjoining unsubdivided land.
Sanitary sewer infrastructure within the proposed
subdivision shall be constructed to the boundary lines
of the tract to be subdivided, unless prevented by
topography or other physical conditions, in which
case a variance must be approved by the appropriate
governing body. (Ord. 1477 ~ 13, 1998: Ord. 1450 ~
2 (part), 1998)
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16.14.110 Utilities.
A. Outside City Limits. All new utilities shall be
placed underground. If placed in the road right-of-
way, utilities shall be located between the roadway
and the right-of-way line to simplifY location and
repair of lines. Such underground facilities shall be
installed after the road has been brought to grade and
before it is surfaced to eliminate the necessity of dis-
turbing the road surface when connecting individual
services. In the event overhead utility lines are
necessary, they 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 regula-
tory authority havingjurisdiction over such facilities.
Easements, as required in Section 16.14.050 shall be
provided.
B. Within City Limits. All new utilities shall be
placed underground. Easements, as required in Sec-
tion 16.14.050 shall be provided. (Ord. 1450 ~ 2
(part), 1998)
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16.14.120 Water supply system.
A. Where the subdivision is within the service
area of a public water supply system, the subdivider
shall install complete water system facilities in
accordance with the requirements of the municipality
or water district involved, and the State Department
of Environmental Quality. The subdivider shall
submit plans and specifications for the proposed
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facilities to the municipality or water district in-
volved, and to the State Department of Environ men-
tal Quality, and shall obtain their approvals prior to
undertaking any construction.
B. Where a public water supply is not within a
reasonable distance or not made available to the
subdivider, the subdivider shall obtain approval for
some alternative water supply system and lot sizes
for such proposals from the State Department of
Environmental Quality.
C. When the city's municipal water main is
extended, the length of a dead end water main typi-
cally shall not exceed five hundred feet in length,
unless approved by the city engineer and water
superintendent.
D. When individual subdivision lots will be
served by the city's municipal water service, service
lines from the main to the structure may not exceed
one hundred fifty feet in length, unless approved by
the city engineer and water superintendent.
E. City Street Cut Moratorium. During a period
of seven years following the initial paving, or any
subsequent repaving of a street, no street cut permits
will be issued to cut said street. This moratorium on
cutting newly paved city-maintained streets may be
lifted only under the following circumstances:
1. Emergency situations that require cutting the
street. The state of emergency will be determined by
the city street superintendent.
2. For new fire sprinkler service lines required
by the city fire marshal to be installed prior to the
end of the seven-year moratorium period when no
alternate connection point is available.
3. When funding becomes available in the city's
own capital improvements program for a project that
cannot be otherwise delayed and requires cutting the
street.
F. When a proposed subdivision adjoins
unsubdivided land and water main infrastructure to
the unsubdivided land would reasonably pass through
the new subdivision, water main infrastructure shall
be arranged to allow the suitable development of the
adjoining un subdivided land. Water main
infrastructure within the proposed subdivision shall
be constructed to the boundary lines of the tract to be
16.14.130
subdivided, unless prevented by topography or other
physical conditions, in which case a variance must be
approved by the appropriate governing body. (Ord.
1477 ~ 14, 1998: Ord. 1450 ~ 2 (part), 1998)
16.14.130 Watercourse setback.
Where a subdivision is crossed by or is adjacentto
a watercourse, the subdivider shall mitigate the
impacts of the subdivision on the watercourse. This
mitigation may not be less restrictive than the
requirements of the Bozeman or Gallatin County
floodplain regulations or any applicable zoning
regulations.
A. Setback.
1. A minimum one hundred-foot setback shall be
provided between the ordinary high water mark and
any residential or commercial structure, parking or
other similar improvement, excluding structures used
for agricultural purposes or for the maintenance of
livestock, along the East Gallatin River.
2. A thirty-five-foot setback shall be provided
from the ordinary high water mark on each side of all
natural streams, stream ditches, creeks, drainages,
waterways, gullies, ravines or washes in which water
flows either continuously or intermittently and has a
definite channel, bed and banks. A minimum of five
feet of the required setbacks immediately adjacent to
the ordinary high water mark shall be left in a natural
vegetative state. No structures, parking or other
similar improvement shall be located within said five
feet
B. Watercourse Mitigation Plan. The subdivider
shall submit a plan and propose measures to mitigate
the impacts of the subdivision on the watercourse.
The plan shall evaluate the potential effects of the
proposed subdivision on the watercourse and include,
at a minimum: consideration of wildlife and fish
habitat, water quality and vegetation. (Ord. 1477 ~
15, 1998: Ord. 1450 ~ 2 (part), 1998)
294-25
(Bozeman 11-01)
16.14.140---16.16.010
16.14.140 Noxious weeds.
Noxious weeds shall be controlled in all subdivi-
sions as directed by the Gallatin County Weed Con-
trol District (District) in accordance with the Mon-
tana County Noxious Weed Control Act (Act).
A. The subdivider shall identifY noxious weeds in
the pre-application plan.
B. Prior to application for preliminary plat ap-
proval, the subdivider shall design a noxious weed
control and revegetation plan (plan), and the subdi-
vider shall submit the plan to the District for approv-
al. This plan shall ensure the control of noxious
weeds upon preliminary plat approval and the
revegetation of any land disturbed during the con-
struction of subdivision improvements.
C. The subdivider shall submit the approved plan
at the time of application for preliminary plat
approval.
D. Prior to application for final plat approval, the
subdivider shall enter into a memorandum of un-
derstanding with the District. The memorandum of
understanding shall be signed by the District and the
subdivider prior to final plat approval, and a copy of
the signed document shall be submitted to the
planning office with the application for final plat
approval.
E. The subdivider shall ensure that after final plat
approval, the property owner(s) and/or property
owner's association shall be responsible for the
control of county declared noxious weeds by placing
a covenant on the property. (Ord. 1450 ~ 2 (part),
1998)
16.14.150 Cleanup of property required.
Prior to final plat approval, the subdivider shaH
ensure that all construction and other debris is re-
moved from the subdivision. This includes concrete,
asphalt, dead trees and shrubs, and fencing materials.
(Ord. 1450 ~ 2 (part), 1998)
(Bozeman 11-0 I)
Chapter 16.16
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DESIGN AND IMPROVEMENT
STANDARDS, STREETS AND ROADS
Sections:
16.16.010
16.16.020
16.16.030
16.16.040
16.16.050
General.
Street and road dedication.
Intersections.
Names.
Primary access street and road
standards.
Lot access.
Paving requirements.
Improvement standards.
16.16.060
16.16.070
16.16.080
16.16.010 General.
For the purposes of these regulations, the terms
"street" and "road" may be used interchangeably.
The arrangement, type, extent, width, grade, and
location of all streets shall be considered in their
relation to existing and planned streets, to topo-
graphical conditions, to public convenience and
safety, and to the proposed uses of the land to be
served by such streets.
The design standards contained in these regula-
tions shall apply to all construction, reconstruction,
and paving of streets or roads dedicated to the public
or within the county maintained road system, and to
streets or roads improved through the special or rural
improvement district process.
A. Relation to Unsubdivided Areas. When a
proposed subdivision adjoins unsubdivided land, and
access to the unsubdivided land would reasonably
pass through the new subdivision, streets within the
proposed subdivision shall be arranged to allow the
suitable development of the adjoining unsubdivided
land. Streets within the proposed subdivision shall be
constructed to the boundary lines of the tract to be
subdivided, unless prevented by topography or other
physical conditions, in which case a variance must be
approved by the appropriate governing body.
B. Relation to Subdivided Areas. The subdivider
shall arrange the streets to provide for the
continuation of streets between adjacent subdivided
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294-26
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properties when such continuation is necessary for
the convenient movement of traffic, effective
provision of emergency services, and efficient
provision of utilities.
C. Separation of Thr~ugh and Local Traffic.
Where a subdivision abuts or contains an existing or
proposed arterial or collector street, the subdivider
may be required to provide frontage roads, reverse
frontage with a reservation prohibiting access along
the rear property line, screen planting, or such other
treatment as may be necessary for protection of
residential properties and to afford separation of
through and local traffic.
D. Distance Between Parallel Rights-of~Way.
Where a subdivision borders on or contains a rail-
road, limited access highway, canal, ditch, or stream
right-of-way, the subdivider may be required to
provide a road approximately parallel to and on each
side of such right-of-way at a distance suitable to
allow for the appropriate use ofthe 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 streets terminate, the subdivider shall provide
a cul-de-sac at the terminus. Cul-de-sacs must con-
form to the appropriate city or county design speci-
fications. Where it is planned that a dead-end road
will be extended in the future, a temporary cul-de-sac
shall be provided. All approved turn-arounds shall be
signed "no parking." "T" turnarounds, in lieu of a
cul-de-sac, must be specifically approved by either
the county road superintendent or city engineer, as
appropriate. "T" turnarounds on county roads shall
include two straight backup lengths of thirty feet
each, shall have an inside turning radius of twenty-
six feet, and shall have an outside turning radius of
thirty-eight feet. "T" turnarounds on city streets shall
include two straight backup lengths of forty-five feet
each to accommodate city fire trucks. All other
design requirements shall be established by the city
engineer.
F. Minor Streets. Minor streets shall be laid out
so their use by through traffic will be discouraged.
16.16.010
G. Half Streets. Half streets may be permitted
only when it is shown they are beneficial to the city
or county and are approved by the city public service
director or county road office.
H. Second or Emergency Access. To facilitate
traffic, the provision of emergency services, and the
placement of utility easements, the subdivider shall
provide all subdivisions with six or more lots with a
second means of access. If, in the judgment of the
appropriate governing body, a second dedicated
right-of-way cannot be provided for reasons of
topography or other physical conditions, the subdi-
vider shall provide an emergency access, built to the
standards detailed in these regulations.
The subdivider may be required to provide a
second or emergency access for minor subdivisions if
the maximum cul-de-sac length standard is exceeded
or if topography or physical conditions so warrant.
I. Street and Road Design Standards, General.
The design standards contained in these regulations
shall apply to all construction, reconstruction, and
paving of streets and roads dedicated to the public or
within the city or county maintained road system,
and to roads improved through either the special or
rural improvement district process. The variance
procedure and standards of these regulations shall
apply to these streets and roads.
J. Bridges and Culverts. Bridges shall be built to
Montana Department of Transportation H-20 load
standards and approved by the county road office.
1. Culverts or bridges shall be provided and in-
stalled by the subdivider where drainage channels
intersect any road or street rights-of-way. All culverts
shall, at a minimum, extend across the entire
improved width of the road or street cross section.
The size and length of the culvert and the amount of
backfill over the culvert shall be determined by a
registered professional engineer, when determined
necessary by the county road office.
2. Each culvert or other drainage facility shall be
large enough to accommodate potential runoff from
upstream drainage areas. The minimum capacity ofa
294-27
(Bozeman 11.01)
16.16.020--16.16.050
culvert shall be equivalent to a circular diameter of
fifteen inches.
K. Encroachment Permits. The subdivider shall
be required to obtain encroachment permits for all
access to county roads and state highways.
L. Road Impact Fees. A subdivider who submits
a complete application for preliminary plat approval
after May 1, 1997 shall pay a road impact fee in
accordance with the Road Impact Fee regulations, as
specified under Chapter 16.39 of these regulations.
(Ord. 1477 ~ 16, 1998: Ord. 1450 S 2 (part), 1998)
16.16.020 Street and road dedication.
All streets and roads within or providing access to
the proposed subdivision shall be dedicated to the
public, be private streets to be owned and maintained
by an approved property owners' association, or, if
the criteria of this section are met, be a public road
easement. Roads outside the corporate limits of the
city which are dedicated to the public are accepted
for public use, but the county accepts no
responsibility for maintaining the same. Private
streets may only be allowed in mobile home parks,
condominium developments, and planned unit devel-
opments. Private streets may be required to have a
public access easement if deemed necessary by the
appropriate governing body.
Public road easements shall:
A. Be approved by the city or county attorney's
office, as appropriate;
B. Be recorded in the office of the Gallatin
County clerk and recorder; and
C. Clearly grant to the public an unrestricted
fight of ingress and egress from a public road to the
property to be subdivided.
D. Documented proof of maintenance of the road
within the easement must be provided. (Ord. 1450 ~
2 (part), 1998)
16.16.030 Intersections.
The following requirements apply to street and
road intersections:
A. The intersection of more than two streets at
one point shall be avoided.
(Bozeman 11~OI)
B. Streets shall be laid out so as to intersect as
nearly as possible at right angles and no street shall
intersect any other street at less than a seventy-five-
degree angle.
C. Two streets meeting a third street from oppo-
site sides shall meet at the same point, or their cen-
terline shall be off-set at least one hundred twenty-
five feet. County roads shall be off-set at least two
hundred feet.
D. Any street or road which intersects a paved
minor collector or greater street or road shall be
paved for at least seventy-five feet from the existing
edge of pavement. (Ord. 1450 S 2 (part), 1998)
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16.16.040 Names.
The following requirements apply to street and
road names:
A. New streets aligned with existing streets shall
have the same name as the existing streets.
B. All street and road names must be approved
by the Gallatin County road office and city engi-
neering office prior to preliminary plat approval in
order to avoid duplication and confusion with names
of existing streets and roads. (Ord. 1450 ~ 2 (part),
1998)
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16.16.050 Primary access street and road
standards.
All off-site streets and roads providing primary
access to the proposed subdivision shall meet the
following standards:
A. Right-of-way width and construction stan-
dards contained in this regulation shall apply.
B. Access streets and roads which are not on the
city or county's road maintenance system shall be
dedicated to the public, or shall have a public ease-
ment which meets the criteria of these regulations.
C. Off-site primary access streets and roads
which are not on the city or county's road mainte-
nance system shaU be constructed to the standards in
Tables 1 and 2 of these regulations. The subdivider
shall be responsible for bringing up to current county
standards and paving primary access roads if the
primary access road is at or over one hundred trips
294-28
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per day, or if the proposed subdivision will generate
over one hundred trips per day, or if the proposed
subdivision will add traffic that causes traffic on the
primary access roads to exceed one hundred trips per
day. Trips per day shall bt; calculated on an average
of eight trips per day per household. Paving shall be
done in accordance with the standards in these
regulations. (Ord. 1450 ~ 2 (part), 1998)
16.16.060 Lot access.
A. Plats. All final plats shall contain a statement
requiring lot accesses to be built to the standard
contained in this section.
B. Lot Access Standards.
I. Within City Limits. The drive approach shall
be constructed in accordance with the city's standard
approach, which includes a concrete apron, sidewalk
section, and drop-curb. A city curb cut and sidewalk
permit must be obtained prior to installation of the
approach.
2. Outside City Limits. The lot access surface
shall be a minimum of eighteen feet wide on collec-
tor roads and fourteen feet wide on all other roads.
Lot accesses shall be built to county road standard,
except for the minimum width. Access plans shall be
a part of the road plans which are submitted for
review and approval. Where culverts are necessary,
in the opinion of the road office or project engineer,
they shall be fifteen-inch minimum, approved by the
county road office. (Ord. 1450 ~ 2 (part), 1998)
16.16.070 Paving requirements.
A. Within City Limits. All streets within the
subdivision shall be built to the paved standards in
these regulations, unless a variance is granted, or
unless they are within a planned unit development
and these requirements have been modified through
that process. The city street section shall include
standard curb and gutter, paving, suitable grading,
and an adequate storm water system.
1. Timing Requirements.
a. All streets shall be paved prior to the issuance
of a building permit for any lot within the subdivi-
sion unless otherwise provided for in development
proposals occurring under the provisions of Chapter
16.16.060----16.16.070
16.24, planned unit development (PUD), or under
provisions established for traditional neighborhood
development and pursuant to the criteria established
in Section 16.22.030(B)( 1) and 16.22.030(B)(2).
b. The subdivider shall meet one ofthe following
requirements for completion of paving. The option
shall be specified in the preliminary plat submittal.
i. The subdivision streets shall be paved prior to
final plat approval; or
ii. The subdivider shall enter into an improve-
ments agreement guaranteeing the completion of the
paving, curb, gutter, sidewalk, storm drainage, or
other street infrastructure improvements not yet
completed. The improvements agreement shall be
financially guaranteed, as explained in Chapter
16.22. However, at a minimum, the plans and speci-
fications for the street improvements must be ap-
proved by the city engineer prior to final plat ap-
proval. Building permits will not be issued until the
final paving is completed and accepted by the city
unless otherwise provided for in development
proposals occurring under the provisions of Chapter
16.24, planned unit development, or under provisions
established for traditional neighborhood development
and pursuant to the criteria established in Section
I6.22.030(B)(l) and 16.22.030(BX2); or
iii. The subdivider may request that street im-
provements be guaranteed by the creation of a special
improvements district (SID). If a special im-
provements district (SID) is formed for the im-
provements, the SID bonds must be sold before the
final plat can be filed. SIDs shall not be permitted for
the installation of subdivision water and sewer
improvements. Building permits will not be issued
until the final paving is completed and accepted by
the city unless otherwise provided for in
development proposals occurring under the
provisions of Chapter 16.24, planned unit
development, or under provisions established for
traditional neighborhood development and pursuant
to the criteria established in Section 16.22.030(B)( 1)
and 16.22.030(B)(2).
B. Outside the City Limits. Roads within subdi-
visions that will carry greater than one hundred tripseper day shall be built to the paving standards in these
294-29
(Bozeman 11-01)
16.16.070
regulations and in accordance with the timing
requirements below. Trips per day will be calculated
based on an average of eight trips per day per
household.
l. Timing Requirements. The subdivider shall
meet one of the following requirements for comple-
tion of paving. The option shall be specified in the
preliminary plat submittal. If option b is chosen, the
subdivider shall enter into an improvement
agreement as set forth in subsection (B)(2) of this
section.
a. The subdivision roads shall be paved prior to
final plat approval; or
b. Paving shall be completed within four years of
the date of preliminary plat approval ofthe subdivi-
sion, or within one year of homes being built on fifty
percent of the lots within the subdivision, whichever
occurs first.
2. Paving Improvement Agreements. The pur-
pose of improvement guarantees is to insure the
paving requirements of this chapter are met.
a. If paving option b is chosen, the county com-
mission shall require an improvements agreement as
a condition of final plat approval. The improvements
agreement shall meet the following standards:
1. The length oftime of the agreement shall not
exceed four years from the date of preliminary plat
approval.
i1. Security in the amount equal to one hundred
fifty percent of the cost of the paving shall be
included. Gallatin County has the discretion to
require a second estimate of the cost of
improvements. The cost of obtaining the second
estimate shall be borne by the subdivider. Such secu-
rity shall be in the form of a certificate of deposit,
letter of credit or cash.
iii. The required security shall not be reduced or
paid out until all paving requirements are met.
Security for improvements other than internal
subdivision roads shall be reduced only upon
recommendation of the county road supervisor and
approval by the county commission, upon request by
the subdivider. Requests for partial release of
security shall only be in amounts such that the
security will always equal one hundred fifty percent
(Bozeman 11-01)
of the value of the uncompleted work, as determined
by the county road supervisor and such that not more
than ninety percent of the security is released prior to
completion of improvements.
iv. The agreement and security shall be satisfac-
tory to the county attorney as to form and manner of
execution.
b. The subdivider shall do either of the following
to meet the paving requirement:
l. Pave according to the requirements of these
regulations. Reimbursement in accordance with this
section may be paid when and if future subdivision
occurs along the access road; or
ii. Initiate a rural improvement district (RID) to
meet the paving requirements ofthese regulations. If
the RID fails, the subdivider shall comply with the
provisions of this chapter. Reimbursement in
accordance with this section may be paid when and if
future subdivision occurs along the access road.
c. Proportionate Reimbursement. If subsequent
subdivision occurs along the primary access road
which is improved according to this section, the
county commission shall include reimbursement of
the improvement costs as a condition of preliminary
approval of any subsequent subdivisions. This reim-
bursement condition shall be in effect for ten years
from the date the county commission directs the
original subdivider to pave the primary access road.
The proportionate reimbursement shall be deter-
mined according to the following formula:
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I.
Traffic generated
by subsequent
subdivision
Total traffic
capacity of
improvements
Subsequent
subdivider's cost =
Total cost of
improvement
ii. The county road office shall review all traffic
and improvement cost information.
d. Reimbursement Methodology. The original
subdivider shall forward the total costs of improve-
ments to the Gallatin County planning department
within sixty days of the completion of improvements.
294*30
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Subsequent subdividers shall pay their proportionate
reimbursement to the planning department. The
planning department shall then make disbursements
within sixty days of receiving reimbursement funds.
To assist in the increased cost of winter and long
term maintenance, twe~ty-five percent of the
proportionate reimbursement shall be allocated to the
county road office. Reimbursement funds shall be
spent only for maintenance of the road which
generated the reimbursement. The remainder of the
funds shall be disbursed proportionately to the record
lot owners in the subdivision that instigated the
improvement. Record lot owners shall be determined
as of the day that the planning department receives
reimbursement. (Ord. 1533 ~ 1,2001; Ord. 1477 S
17, 1998: Ord. 1450 S 2 (part), 1998)
16.16.080 Improvement standards.
All street and road improvements shall be de-
signed by and constructed under the supervision of a
professional civil engineer, registered in the state of
Montana, and shall meet or exceed the construction
standards adopted by the city and/or Gallatin County
and required for the type of street to be constructed.
A. Within the City. Plans and specifications for
all public or private streets (including curb, gutter,
and sidewalks), shall be provided to and approved by
the city engineer. The subdivider 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 preconstruc-
tion conference shall be conducted before any con-
struction is initiated on the street improvements.
I. Surfacing. The pavement thickness design will
be based on the current AASHTO (American
Association of State Highway and Transportation
Officials) Guide for Design of Pavement Structures,
or the current Asphalt Institute Manual Series No.1
(MS-I) for thickness design. A pavement design
report, prepared by a professional engineer, or other
qualified professional approved by the city engineer,
shall be submitted to the city engineer for approval.
The design shall be based on at least a twenty-year
performance period traffic volume; however, the
16.16.080
minimum design lane equivalent eighteen-thousand-
pound Single Axle Load (ESAL) used in the pave-
ment design shall not be less than fifty-thousand
ESAL.
The minimum asphalt pavement thickness for any
new roadway shall be three inches. A minimum of
six inches of high quality untreated aggregate base
shall be provided for designs utilizing asphalt pave-
ment over untreated aggregate base. Where full-
depth asphalt is designed, an adequate stabilizer lift
shall be included, consistent with unpaved roadway
design practices, to provide a suitable sub-base
capable of withstanding the traffic required for the
initial construction of the roadway.
294-30a
(Bozeman II ~ I)
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16.16.080
e Table lA
MINIMUM STREET DESIGN STANDARDS FOR CITY STREETS
STREET
TYPE ARTERIAL COLLECTOR MINOR/LOCAL
Terrain* Ordinary Mountainous* Ordinary Mountainous* Ordinary Mountainous*
Right-of-way 90'-120' 90'-120' 65'-80' 65' 60' 60'
width
Centerline **** **** 300' 150' 150' 100'
radius
on curves
Tangent **** **** 100' 50' 50'
length
between
reverse
curves
e Stopping **** **** 300' 200' 200' 100'
sight
distance
Angle at **** **** > 750 > 750 > 750 > 750
intersection
centerline
Curb radius **** **** 25' 25' 15' 15'
at intersections
Length of **** **** 150' 100' 100' 50'
tangent at
intersection
Back of **** **** 35'-51' 37' 37'
curb to
back of
curb
Length of **** **** 500** 2500'
cul-de-sac
e 294-31
(Bozeman 4-98)
16.16.080
Table lA (Continued)
STREET
TYPE
Terrain*
ARTERIAL
Ordinary Mountainous*
Outside
radius on
cul-de~sac
R.O.W.
****
****
Grade,
maximum
****
****
Grade,
mInimum
****
****
Grade
within 150'
of intersecting
centerlines
****
****
COLLECTOR
Ordinary Mountainous*
MINORILOCAL
Ordinary Mountainous*
50'
50'
7%
10%
***12%
10%
0.5%
0.5%
0.5%
0.5%
3%
3%
3%
3%
Notes:
* Mountainous terrain is defined as terrain which has a cross slope exceeding 15 percent.
** Temporary cul-de-sacs which will be extended in the future may exceed this length.
*** Grades of over 10 percent shall not exceed 100 feet in length.
**** All design criteria shall be to AASHTO standards.
B. Outside the City.
1 . Subgrade Excavation and Embankment. The
subgrade for the roadway shall be finished within a
tolerance of three-quarters of an inch measured as
a vertical ordinate from the face of a ten-inch
straight edge. Compaction of the subgrade shall be
accomplished through methods acceptable to the
engineer and county road office. The subgrade shall
be compacted, in place, to ninety-five percent of the
maximum dry density as determined by AASHTO
Designation T -180. This compaction is required
before any gravel surfacing material is placed on the
subgrade. Stripping requirements shall be approved
by the engineer.
2. Sub Base Gravel. (Pit run selected surfacing.)
All sub base gravel material shall be obtained from
(Bozeman 4-98)
previously approved pits - a tolerance of five per-
cent by volume up to the next specified gradation
(seven-inch for six-inch maximum) will be allowed.
All oversized material not allowed in the top six
inches shall be removed from the roadway typical
section.
3. Road Construction Standards. All roads shall
meet the following standards. Any deviation from
these standards must be approved by a licensed
engineer and the county road office.
294-32
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16.16.080
e Table IB
STREET DESIGN STANDARDS FOR COUNTY ROADS
COLLECTOR MINOR/LOCAL
Terrain* Ordinary Mountainous* Ordinary Mountainous*
Right-of-way width 60' - 80' 60' 60' 60'
Centerline radius
on curves 300' 150' 150' 150'
Tangent length
between reverse
curves 100' 50' 50'
Stopping site
distance 300' 200' 200' 100'
Angle of intersecting
center lines 750 750 750 750
e Curb radius at intersections 25' 25' 15' 15'
Length of cul-de-sac 1000'** 2500'
Outside radius on
cul-de-sac R.O.W. 50' 50'
Grade, maximum 7% 10% 10% 12%***
Grade, minimum .5% .5% .5% .5%
Maximum grade within
150' of intersecting
centerlines 3% 3%
Maximum grade within
75' of intersecting
centerlines 3% 3%
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Note: All standards are minimum standards unless noted.
* Mountainous terrain is defined as terrain that has a cross slope exceeding 15 percent.
** Cul-de-sac roads that provide access to unsubdivided land may exceed this length.
*** Grades of over 10 percent shall not exceed 100 feet in length.
294-33
(Bozeman 4-98)
16.16.080
Table 2
PAVING AND STREET WIDTH STANDARDS FOR COUNTY ROADS
ADT
FINISHED
GRAVEL WIDTH
PAVING WIDTH
Nonmountainous Terrain
8
22'
NO
16
22'
NO
24
22'
NO
32-99
26'
NO
100+
26'
24'
Major arterials and collectors
30'
28'
Mountainous terrain
8-40
20'
NO
41-99
24'
NO
100+
24'
Determination by
road office
Major collectors and arterials
30'
28'
(Bozeman 4-98)
294-34
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16.16.080
e Table 3
SUB~BASE GRAVEL
Pit run selected surfacing shall
meet the following gradation:
2 3 4 5 6
6-inch sieve 100%
3-inch sieve 100%
2-lI2-inch sieve 100%
2.inch sieve 100%
l-lI2-inch sieve 100%
I.inch sieve 100%
No.4 sieve 25-60% for all grades
e No. 200 sieve 10% 10% 10% 10% 10% 10%
(not more than)
Liquid limit for that portion of the fine aggregate passing the No. 40 sieve shall not exceed twenty-five
nor shall the plasticity index exceed six.
Construction requirements of the pit run selected surfacing shall be laid down in conformity with the
approved typical section. The gravel base course shall be placed in uniform thickness of eight or nine inches
and compacted to ninety-five percent of the maximum dry density as determined by AASHTO Designation
T -180. If water is needed to facilitate compaction and bonding of the material, it shall be applied. The
subgrade shall be finished within a tolerance of three-quarters of an inch measured as a vertical ordinate from
the face of a ten-foot straight edge.
e
294-35
(Bozeman 4.98)
16.16.080
Table 4
CRUSHED TOP SURFACING TYPE -A-
Table of Gradations
Passing Grade 1 Grade 2 Grade 3
I-inch sieve 100%
3/4-inch sieve 100%
l/2-inch sieve 100%
No. 4 sieve 40--70% 40--70% 40--70%
No. 10 sieve 25-50% 25-50% 25-50%
No. 200 sieve 5-10% 5-10% 5-10%
The aggregate for all grades, including added
binder or filler, shall meet the following supplemen-
tal requirements:
a. The dust ratio, that portion passing the No.
200 sieve, shall not be greater than two-thirds of
that portion passing the No. 40 sieve.
b. The liquid limit for that portion of the fine
aggregate passing the No. 40 sieve shall not exceed
twenty-five nor shall the plasticity index exceed six.
c. Compaction of type "A" crushed surfacing
shall be accomplished by rolling equipment ap-
proved by the engineer - on all crushed top surfac-
ing type "A," these regulations shall require pneu-
matic-tired rollers of two axle type, straight or oscil-
lating, mounted on rigid frame and provided with a
platform or body suitable for ballast and having
effective rolling width of not less than four feet, and
shall have a minimum working weight capacity of
two hundred fifty pounds per inch of tire surface.
Tires shall be smooth (no tread) and of equal size
and diameter. The material shall be compacted to
ninety-five percent of the maximum dry density as
determined by AASHTO Designation T -180. If
water is needed to facilitate compaction and bonding
(Bozeman 4-98)
of the material, it shall be applied. The surface
course shall be finished within a tolerance of one-
half inch measured as a vertical ordinate from the
face of a ten-foot straight edge.
4. Road Signs. Road signs of the size, shape,
and height as approved by the county, shall be
placed at all intersections by the subdivider prior to
final plat approval, or a cash bond covering the cost
of purchase and installation of the signs shall be
turned over to the county before final acceptance of
any roads.
5. Road Sign Standards. Location of road signs
shall be designated on road plans which are submit-
ted for review and approval.
a. Posts. All metal road posts shall be two-inch
schedule 40 galvanized steel. All mounting hardware
shall be die cast of No. 380 alloy with tensile
strength of forty-nine thousand psi with excellent
resistance to corrosion. The brackets shall have two
angled gussets, or ribs on each side for extra
strength. All sets of brackets shall be tapped and
drilled for ten each five-sixteenth-inch zinc dichro-
mate placed Allen-type set screws having self. lock-
ing sawtooth ends. Wooden road signs and posts
294-36
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may be approved by the county road office, upon
submittal of design, which shall include reflective
lettering. Other post and mounting brackets may be
approved by the county road office.
b. Signs. All sign bI~ks as specified: all six-inch
wide by twenty-four-, thirty-, or thirty-six-inch long
signs of either .08 inch flat aluminum with short
radius rounded comers or of .08 inch to .1 0 inch
extruded aluminum with heavy borders. All blanks to
be coated with engineer grade green Scotchlite or
equivalent reflective surface. All letters in four-inch
white Scotchlite or equivalent reflective surface. All
mounting hardware to fit green painted two
FIGURE 1
16.16.080
pound/foot U-channel posts or green painted round
steel posts. Hardware shall be either galvanized or
painted green or made of aluminum. Nut and bolt
assemblies are to be galvanized and will include nut,
lockwasher, neoprene or nylon washers against the
Scotchlite, and three-eighths-inch bolt. All posts will
be mounted in at least one cubic foot of subsurface
concrete. Other sign and mounting hardware may be
approved by the county road office. (Ord. 1450 ~ 2
(part), 1988)
GALLATIN COUNTY MINIMUM ROAD STANDARDS
21 n. VIIt . , IR J(J'TH IJ" , 1M. MI~ nUCTCD PIT IlI.M SUlI' ACa<<;
(Zll ru
2t n. VIDC - l IN. 1IJ'11I cr I IN. MIMJS llOI\DHIX
( I n. SKJJ.1ItI VIDTH KlHlIIIt lit UCH Sill: IT 1IIlA1>
(l' rlJ
l4 n. VIDC ~ l 1ft aJl'ACTCD ASPtW. T PlAN' MIl.
< CllllVH Jl r IJ r u
<Z4 ru
,
I
ctHTCJa.K
SUIl"AAI( COt'ACTIOC . $[[ SPCCIAl PllUVISllM
CKiItt:CR INSl'CCTJDf AND VltIT1DC IIf"illNAl RtllJlltCD lJl CAOt IT TII; rll.llJlluc;.
(J) SUIC.llADC AND DIlOtS.
<Zl Cl)t'ACTCD PIT IlI.M SUIII' ACl..... ,. MINUt.
<ll CDf'ACTCD Cl\JSH:D T[I' S1JIrACll<<i fTl'( .^., ,. MilliS.
(4) rlMIKD ROI\OVAT NlD STJI([T SI(".Nt. .
294-37
(Bo>:eman 11-0 I)
16.18.010--16.18.030
Chapter 16.18
ENVIRONMENTAL ASSESSMENT
Sections:
16.18.010
16.18.020
16.18.030
General.
Environmental assessment.
Environmental assessment
contents.
Summary of the probable
impacts.
Community impact report
contents.
Exemption from preparation of
environmental assessment.
16.18.040
16.18.050
16.18.060
16.18.010 General.
Pursuant to Section 76-3-504( 1), MCA, it shall be
the responsibility of the subdivider to submit the
information required by this chapter with the prelim-
inary plat. (Ord. 1450 ~ 2 (part), 1998)
16.18.020 Environmental assessment.
The environmental assessment shall include the
following required information.
A. Major Subdivision.
1. A description of every body or stream of
surface water that may be affected by the proposed
subdivision, together with available ground water
information, and a description of the topography,
vegetation, and wildlife use within the area of the
proposed subdivision;
2. A summary of the probable impacts of the
proposed subdivision based on the criteria described
in Section 76-3~608, MeA;
3. A community impact report containing a
statement of anticipated needs of the proposed sub-
division for local services, including education and
busing; roads and maintenance; water, sewage, and
solid waste facilities; fire and police protection; and
4. Additional relevant and reasonable informa-
tion related to the applicable regulatory criteria
adopted under Section 76-3-501, MCA.
B. Second or Subsequent Minor Subdivision. In
lieu of a complete environmental assessment, a
(Bozeman ))..{}))
summary of the probable impacts of the proposed
subdivision based on the criteria described in Section
76-3-608, MCA shall be submitted with the
preliminary plat application. (Ord. 1450 S 2 (part),
1998)
e
16.18.030 Environmental assessment
contents.
A. Surface Water.
1. Mapping. Locate on a plat overlay or sketch
map all surface waters and the delineated floodways
which may affect or be affected by the proposed
subdivision including:
a. Natural water systems such as streams, lakes,
rivers, or marshes;
b. Artificial water systems such as canals, ditch-
es, ditch/streams, aqueducts, reservoirs, irrigation or
drainage systems.
2. Description. Describe all surface waters which
may affect or be affected by the proposed subdivision
including name, approximate size, present use, and
time of year when water is present. Describe
proximity of proposed construction (such as
buildings, sewer systems, roads) to surface waters.
3. Water Body Alteration. Describe any existing
or proposed streambank or shoreline alterations or
any proposed construction or modification of lake
beds, stream channels, or irrigation ditches. Provide
information on location, extent, type and purpose of
alteration.
4. Wetlands. When the soil survey maps indicate
hydric soils are present, the subdivider shall provide
a wetlands delineation completed by a qualified
consultant, using the U.S. Army Corps of Engineers
Wetlands Manual. If the presence of wetlands is
indicated, the wetlands delineation shall be shown on
the final plat. When any construction or changes are
proposed in the wetlands, a 404 permit will be
required to be obtained from the U.S. Army Corps of
Engineers, and a copy of the permit submitted to the
planning office prior to the commencement of work
within the wetlands area and/or plat approval,
whichever is sooner.
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294-38
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B. Groundwater.
1. Depth. Establish the seasonal minimum and
maximum depth to the water table, dates on which
these depths were determined, and the location and
depth of all known aquifers which may be affected
by the proposed subdivision. The high water table
shall be determined from tests taken during the
period of major concern as specified in writing by the
county health department. Specific locations for test
holes may also be determined by the county health
department.
2. Steps to Avoid Degradation. Describe any
steps necessary to avoid the degradation of ground-
water and groundwater recharge areas.
C. Geology-Soils-Slopes.
1. Geologic Hazards. Identify geologic hazards
affecting the proposed subdivision which could result
in property damage or personal injury due to rock
falls or slides; slides-land, mud, snow; surface
subsidence (i.e., settling or sinking); or seismic
activity.
2. Protective Measures. Explain what measures
will be taken to prevent or materially lessen the
danger of future property damage or injury due to
any of the hazards referred to above.
3. Unusual Features. Provide a statement de-
scribing any unusual soil, topographic or geologic
conditions on the property which limit the capability
for building or excavation using ordinary and rea-
sonable construction techniques. The statement
should address conditions such as shallow bedrock,
highwater table, unstable or expansive soil condi-
tions, and slope. On a map, identify any slopes in
excess of fifteen percent grade.
4. Soils Map. The subdivision shall be overlaid
on the Gallatin County soil survey maps obtained
from the Natural Resource and Conservation Service
(NRCS). The maps are 1 :24,000 scale. These maps
may be copied without permission. However, en-
largement of these maps could cause misunderstand-
ing of the detail of mapping. Soils were mapped
using a minimum delineation of five acres, and these
soils reports were intended to alert subdividers to
possible problems and the need for a more detailed
on-site investigation. The subdivider shall provide
16.18.030
the following soil reports, which can be obtained
from the NRCS:
a. The physical properties and engineering in-
dexes for each soil type;
b. Soil limitations for sanitary facilities, building
site development, and water features for each soil
type;
c. Hydric soils report for each soil type. Ifhydric
soils are present, the subdivider shall provide a
wetlands investigation by a certified consultant,
using the U.S. Army Corps of Engineers Wetlands
Manual; and
d. The subdivider shall provide any special
design methods planned to overcome the above
limitations.
5. Cuts and Fills. Describe the location and
amount of any cut or fill three or more feet in depth.
These cuts and fills should be indicated on a plat
overlay or sketch map. Where cuts or fills are
necessary, describe any plans to prevent erosion and
to promote revegetation such as replacement of
topsoil and grading.
D. Vegetation.
1. Vegetation Map. On a plat overlay or sketch
map:
a. Indicate the distribution of the major vegeta-
tion types such as marsh, grassland, shrub, coniferous
forest, deciduous forest, mixed forest.
b. Identify critical plant communities such as
stream bank or shoreline vegetation; vegetation on
steep, unstable slopes; vegetation on soils highly
susceptible to wind or water erosion.
c. The subdivider shall have any noxious weeds
identified and their location mapped by a person with
experience in weed management and knowledgeable
in weed identification. A noxious weed management
and revegetation plan approved by the weed control
district for control of noxious weeds shall be
submitted with the preliminary plat application.
2. Protective Measures. Describe measures to
preserve trees and critical plant communities (e.g.,
design and location of roads, lots and open spaces).
E. Wildlife.
1. Species. Describe species offish and wildlife
294-39
(Bozeman ll~l)
16.18.040
which use the area affected by the proposed subdivi-
sion.
2. Critical Areas. Identify on a plat overlay or
sketch map -of the proposed subdivision any known
critical or "key" wildlife areas" such as big game
winter range, waterfowl nesting areas, habitat for rare
or endangered species, wetlands.
3. Protective Measures. Describe any proposed
measures to protect or enhance wildlife habitat or to
minimize degradation (e.g., keeping building and
roads back from shorelines; setting aside marshland
as undeveloped open space).
4. The subdivider shall discuss the impact of the
proposed development on fish and wildlife with the
Department ofFish, Wildlife and Parks (FWP). The
subdivider shall provide a written statement outlining
any recommendation of FWP and any mitigation
planned to overcome any adverse impacts.
F. Historical Features.
1. Affected Areas. Describe and locate on a plat
overlay or sketch map any known or possible histor-
ic, paleontological, archeological, or cultural sites,
structures, or objects which may be affected by the
proposed subdivision.
2. Protective Measures. Describe any plans to
protect such sites or properties.
3. The subdivider shall discuss the impact of the
proposed development on any historic features, and
the need for inventory, study and/or preservation
with the State Historic Preservation Office (SHPO).
The subdivider shall provide a written statement
outlining any recommendations of SHPO and any
plans for inventory, study, and/or preservation and
any mitigation planned to overcome any adverse
impacts.
G. Visual Impact.
1. Measures. Describe any efforts to visually
blend development activities with the existing envi-
ronment (e.g., provisions for appropriate building
materials, colors, street design, underground utilities,
and revegetation or earthworks). (Ord. 1477 9 18,
1998: Ord. 1450 9 2 (part), 1998)
(Bozeman 11.01)
16.18.040 Summary of the probable
impacts.
A summary of the probable impacts on the review
criteria established in these regulations shall be
provided in the environmental assessment as follows:
A. The Effect on Agriculture and Proposed Miti-
gation of Impacts.
1. Number of acres in production and type of
production.
2. Agricultural operations in the vicinity.
3. Additional information as needed.
B. The Effect on Agricultural Water User Facili-
ties and Proposed Mitigation of Impacts.
1. Type, description, ownership, and users of
facilities.
2. Additional information as needed.
C. The Effect on Local Services and Proposed
Mitigation of Impacts.
1. Methods of water supply and sewage disposal.
2. Provision oflaw enforcement services and fire
protection services, and projected costs to providers.
3. Costs of upgrading or extending off-site public
streets and roads. Costs of annual street and road
maintenance.
4. Provision of educational services and project-
ed costs to providers.
5. Current amount of local property taxes, pro-
jected amount the land and improvements will pay in
local property taxes.
6. Provision of utilities and easements.
7. Additional information as needed.
D. The Effect on the Natural Environment and
Proposed Mitigation of Impacts.
1. Street/road drainage and erosion.
2. Terrain and surface runoff effects.
3. Grading and drainage plan, including
stormwater facility maintenance plan.
4. Effects on native vegetation, soils, quality or
quantity of surface or ground waters.
5. Weed control.
6. Additional information as needed.
E. The Effect on Wildlife and Wildlife Habitat
and Proposed Mitigation of Impacts.
1. Proximity to area of significant wildlife habi-
tat or critical wildlife areas.
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294-40
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2. Expected effects of pets and human activity on
wildlife.
3. Effects on fisheries.
4. Effects on public access to public lands, trails,
hunting or fishing areas.
5. Additional information as needed.
F. The Effect on Public Health and Safety and
Proposed Mitigation of Impacts.
1. Potential natural hazards; flooding, snow,
mud, or rock slides, high winds, wildfire, excessive
slope, etc.
2. Potential man-made hazards; high voltage
power lines, high pressure gas lines, nearby industrial
or mining activity, high traffic volumes, lack of fire
protection, inadequate traffic safety, etc.
3. Additional information as needed. (Ord. 1450
~ 2 (part), 1998)
16.18.050 Community impact report
contents.
Provide a summary of the following community
impacts which have not been addressed by the infor-
mation required in Section 16.18.040.
A. Water Supply.
1. Description of Use. Describe how water will
be provided for household use and fire protection.
2. Capacity. Indicate the number of gallons per
day of water the proposed subdivision will require
and whether the water supply is sufficient to meet the
needs of the anticipated, final population of the
subdivision. Identify any anticipated effects on
existing water systems or wells within the area.
3. State Standards. Indicate whether the plans for
water supply meet the standards of the State
Department of Environmental Quality for quality,
quantity, and construction criteria.
4. Existing Public System. If the subdivider
proposes to connect to an existing water system:
a. Identify and describe that system;
b. Provide written evidence that permission to
connect to that system has been obtained;
c. State the approximate distance to that system;.
d. State the cost of extending or improving the
existing water system to service the proposed devel-
opment;
16.18.050
e. Provide an engineering design report and/or
other documentation demonstrating that adequate
water distribution system and treatment works ca-
pacity exists to serve the proposed subdivision.
5. New Public System. If a separate public water
system is to be installed, discuss:
a. Who is to install that system and when it will
be completed;
b. Who will administer and maintain the system
at the beginning of subdivision development and
when subdivision is completed;
c. Provide evidence that the water supply is
adequate in quantity, quality, and dependability;
d. When the system will be completed, and how
it will be financed.
6. Individual System. If individual water systems
are to be provided, describe the adequacy of supply
of the groundwater for individual wells or cisterns
and how this was determined.
B. Sewage Disposal.
1. Method. Describe the proposed method of
sewage disposal.
2. Capacity. Indicate the number of gallons of
effluent per day which will be generated by the
proposed subdivision at its full occupancy, whether
the proposed method of sewage disposal is sufficient
to meet the anticipated final needs of the subdivision
and whether it meets the standards of the Department
of Environmental Qual ity.
3. Existing Public System. If the development
will be connected to an existing public sewer system,
include:
a. A description of that system and approximate
distance from proposed subdivision;
b. Written evidence that permission to connecUo
that system has been obtained;
c. State the approximate distance to that system;
d. State the cost of extending or improving the
existing sewer system to service the proposed devel-
opment;
e. Provide an engineering design report and/or
other documentation demonstrating that adequate
sewer collection system and treatment works capaci-
ty exists to serve the proposed subdivision.
294-41
(Bozeman Il..{ll)
16.18.050
4. New Public System. If a new public sewage
disposal system is to be installed, discuss:
a. When the system will be completed, and how
it will be financed;
b. Who is to administer an~ maintain the pro-
posed system at the beginning of subdivision devel-
opment and when development is completed;
c. Provide evidence that the sewer supply is
adequate in capacity, quality, and dependability.
C. Solid Waste Disposal.
1. Collector System. Describe the proposed
system of solid waste collection and disposal for the
subdivision including:
a. Evidence that existing systems for collection
and facilities for disposal are available and can
handle the anticipated additional volume;
b. A description of the proposed alternative
where no existing system is available;
c. Whether the proposed method of solid waste
disposal meets the standards of the Department of
Environmental Quality.
D. Streets and Roads.
1. Description. Describe any proposed new
public or private access streets or roads or substantial
improvements of existing public or private access
streets or roads.
2. Access to Arterial. Discuss whether any of the
individual lots or tracts have access directly to
arterial streets or roads; and if so, the reason access
was not provided by means of a street or road within
the subdivision.
3. Modification of Existing Streets or Roads.
Explain any proposed closure or modification of
existing streets or roads.
4. Dust. Describe provisions considered for dust
control on streets and roads.
5. Pollution and Erosion. Explain how road
maintenance will be provided to meet the Departw
ment of Health and Environmental Quality guidelines
for prevention of water pollution and erosion.
6. Installation and Maintenance. Indicate who
will pay the cost of installing and maintaining dedi-
cated and private streets and roadways.
7. Traffic Generation. Discuss how much daily
traffic will be generated on existing local and neighw
(Bouman 11-0 I )
borhood streets, roads and main arterials, when the
subdivision is fully developed, and provide the
following information. The report format shall be as
follows:
a. Trip generation, using Institute of
Transportation Engineers Trip Generation Manual;
b. Trip distribution;
c. Traffic assignment;
d. Capacity analysis;
e. Evaluation; and
f. Recommended access plan, including access
points, modifications and any mitigation techniques.
The public service director, during the prewapplica-
tion submittal review, may waive the requirement for
any of the required information. However, such
request for a waiver must be made by the subdivider
at the time pre-application submittal is made.
a. Land Use and Trip Generation. A table of
each type of land use, the number of units or square
footage, as appropriate, the trip rates used, (daily and
peak), and resulting trip generation.
b. Traffic Graphics, which show:
1. Am. peak hour site traffic;
i1. P.m. peak hour site traffic;
111. Am. peak hour total traffic;
IV. P.m. peak hour total traffic;
v. Total daily traffic (with site generated traffic
shown separately).
c. Am. and P.m. Capacity Analysis. An a.m. and
p.m. peak hour capacity analysis shall be provided
for:
1. All major drive accesses that intersect collecw
tor or arterial streets; and
ii. All arterial-arterial, collector-collector, and
arterial-collector intersections within one mile ofthe
site, or as required by the director of public service
during the pre-application review.
d. Additional Analysis Criteria.
i. Appropriate clearance intervals shall be pro-
vided for each exclusive movement. Pedestrian
movements must be provided for each cycle and
pedestrian overpasses shall not be at intersections.
Maximum pedestrian walking speeds shall be four
feet per second with a minimum "WALK" time of
seven seconds. Intersection pavement widths shall
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294-42
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not exceed that required to provide three through
lanes in each direction, dual left-turn lanes and right-
turn lanes.
ii. 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 director of public
service.
iii. Streets and intersection level of service "c"
shall be the design and operational objective, and
under no conditions will less than level of service
"D" be accepted. All arterial and collector streets
and movements on intersection approach legs
designated as arterial or collector streets shall operate
at a minimum level of service "C." The design year
for necessary improvements shall be a minimum of
fifteen years following construction of said
improvements.
e. Summary analysis explaining:
i. The proposed access points for the project,
their location, and the rationale for their placement in
terms of circulation;
ii. Future off-site road improvements for access,
which roads they will be, the projected time frame
for their completion, and who is responsible for their
completion;
iii. ADT and level of service changes to all
streets;
iv. Describe how traffic impacts to existing
streets will be minimized by the subdivision;
v. Describe bicycle and pedestrian pathways to
be developed with the development, if used.
8. Capacity. Indicate the levels of service (before
and after) of existing and proposed streets and roads,
including appropriate intersections, to safely handle
any increased traffic. Describe any anticipated
increased maintenance that will be necessary due to
increased traffic and who will pay the cost of
maintenance.
9. Year-Round Access. Explain whether year-
round access by conventional automobile will be
available over legal rights-of-way to the subdivision
and to all lots and common facilities within the
subdivision.
16.18.050
10. Private Access. Indicate ownership of any
private access to the subdivision.
E. Utilities.
1. Affected Utilities. Indicate which affected
utilities the subdivision plat has been submitted to for
review, and include a copy of responses.
2. Include a description of:
a. The method offurnishing electric, natural gas,
cable TV or telephone service, where provided;
b. The extent to which these utilities will be
placed underground;
c. Estimated completion of each utility installa-
tion;
d. The subdivider shall provide a written state-
ment from the utility companies that the proposed
subdivision can be provided with service.
F. Emergency Services.
1. Describe the emergency services available to
the subdivision such as:
a. Fire Protection. Indicate which urban or rural
fire district the proposed subdivision is located in,
and if not located in such a district, if a district will
be formed or extended. If the subdivision is not
located in a fire district and one will not be formed or
extended, explain what fire protection procedures are
planned for the subdivision;
b. Police protection;
c. Ambulance service;
d. Medical services.
2. Give the estimated response time of the above
services.
3. Describe how the needs of the proposed
subdivision for each of the above services can be met
by present personnel and facilities. If the needs
cannot be met by present personnel and facilities,
describe what additional expense would be necessary
to make these services adequate, and indicate at
whose expense the necessary improvements would
be made.
a. Indicate whether the subdivision preliminary
plat has been submitted to affected above agencies; if
so, include copy of response.
b. The subdivider shall discuss the impact of the
proposed development on the provision of emergen-
cy services with each of the providers. The
294-43
(Bozeman] I"()I)
16.18.050
subdivider shall provide a written statement outlining
the recommendations of the providers and any
mitigation planned to overcome any inability to
provide services or adverse impacts.
G. Schools.
1. Available Facilities. Describe the available
educational facilities which would service this subdi-
vision.
2. School Children. Estimate the number of
school children that will be generated from the
proposed subdivision.
3. Provide a written statement from the adminis-
trator of the appropriate school system indicating
whether the increased enrollment can be accommo-
dated by the present personnel and facilities and by
the existing school bus system.
H. Land Use.
1. Planning. Describe comprehensive planning
and/or land use regulations covering the proposed
subdivision or adjacent land and if located near the
jurisdictional area of an incorporated city or town,
whether annexation is proposed.
2. Public Lands. Describe how the subdivision
will affect access to any public lands. Where public
lands are adjacent to or near the proposed develop-
ment, describe present and anticipated uses for those
lands; (e.g., grazing, logging, recreation, etc.), and
how public access will be preserved/enhanced.
3. Adjacent Land Use. Describe the effect ofthe
subdivision on adjacent land use.
4. Hazards. Describe any health or safety hazards
on or near the subdivision, such as mining activity or
potential subsidence, high pressure gas lines,
dilapidated structures or high voltage power lines.
Any such conditions should be accurately described
and their origin and location identified. List any
provisions that will be made to mitigate these
hazards.
5. Nuisance. Describe anyon-site or off-site land
uses creating a nuisance, such as unpleasant odors,
unusual noises, dust or smoke.
1. Housing.
1. Indicate the proposed use(s) and number of
lots or spaces in each:
a. Residential area, single family;
(Bozeman 11-0 I )
b. Residential area, multiple family. Types of
multiple-family structures and numbers of each (e.g.,
duplex, four-plex);
c. Planned unit development (number of units);
d. Condominium (number of units);
e. Mobile home park;
f. Recreation vehicle park;
g. Commercial or industrial;
h. Other (please describe).
2. Indicate whether the subdivision is planned as
a second home or recreational subdivision.
J. Parks and Recreation Facilities. Describe park
and recreation facilities to be provided within the
subdivision and other recreational facilities which
will serve the subdivision.
K. Taxation.
1. Acreage. Include a list ofthe number of acres
in each land assessment classification prior to subdi-
vIsIon.
2. Existing Taxes. Describe any existing tax and
existing or proposed special assessments which will
affect the subdivision.
3. Anticipated Taxes. Estimate the increased
amount of taxes that will be generated by the subdi-
vision at full development using existing valuations
and mill levies.
L. Accessibility of Service Systems and Facili-
ties. Provide total distances over road types to each
of the following services or facilities:
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Unimproved
Street/Road
Fire protection
Police protection
Hospital facilities
Elementary school
High school
M. Effects on Agriculture. Supply the following
information:
1 . The number of acres in production of crops;
2. The productivity of the land;
3. Whether or not the property is part of a viable
farm unit, and whether the property was under
production during the last regular season;
4. The other uses of land in the general locality;
5. What measures will be taken, if any, to control
family pets;
6. Fencing of Agricultural Land. Describe any
existing fence lines around the subdivision boundary
which protect agricultural lands under an ownership
other than that of the subdivider, and describe any
measures which will be taken to insure that the
owners of the subdivision will share with the owner
ofthe agricultural lands in the continued maintenance
of the fence.
N. Effects on Agricultural Water User Facilities.
1. Type, description of facility.
2. Ownership, users of facility.
3. Describe any proposed realignment, and
provide written authorization of the affected water
users for the proposed realignment. (Ord. 1477 S 19,
1998: Ord. 1450 S 2 (part), 1998)
16.18.060 Exemption from preparation
of environmental assessment.
A. Pursuant to Section 76-3-210, MCA, the
requirement for preparing an environmental assess-
ment shall be waived when:
1. The proposed subdivision is totally within an
area covered by a master plan adopted pursuant to
Title 76, Chapter 1, MCA, wherein zoning regula-
tions and a long-range development program of
public works' projects pursuant to Sections 76-2-201
16.18.060
Graded
Street/Road
Paved
Street/Road
Graveled
Street/Road
and 76-1-601, MCA, have been adopted.
2. The proposed subdivision is the first minor
subdivision from a tract of record.
B. The planning board may exempt the subdivid-
er from the completion of all or any portion of the
environmental assessment when:
1. The subdivision is proposed in an area for
which a master plan has been adopted and the pro-
posed subdivision will be in compliance with the
plan; or
2. The subdivision will contain fewer than ten
parcels and less than twenty acres.
If such a waiver is desired, the subdivider must
request the waiver as a part of the pre-application
process.
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 accompany the preliminary plat
of the subdivision when it is submitted for review.
(Ord. 1450 S 2 (part), 1998)
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(Bo~eman 11-0 I)
16.20.010--16.20.020
Chapter 16.20
FLOOD HAZARD EVALUATION
Sections:
16.20.010
16.20.020
16.20.030
General.
Procednre.
Waiver of requirement.
16.20.010 General.
Land subject to being flooded by a flood of one-
hundred-year frequency as defined by Title 76,
Chapter 5, MCA, or land deemed to be subject to
flooding by the appropriate governing body. shall not
be subdivided for building or residential purposes, or
other uses that may increase or aggravate flood
hazards to life, health or welfare, or that may be
prohibited by state or local floodplain or floodway
regulations. (Ord. 1450 ~ 2 (part), 1998)
16.20.020 Procedure.
If any portion of a proposed subdivision is within
two thousand horizontal feet and less than twenty
vertical feet of a watercourse draining an area of
twenty-five square miles or more, and no official
floodplain or floodway delineation study of the
watercourse has been made, the subdivider shall
provide a floodplain analysis report establishing the
calculated one hundred-year frequency water surface
elevations and one hundred-year floodplain bound-
aries. The analysis and report shall be prepared by a
licensed professional engineer qualified in this field
of work.
A. Submission of Report. The report shall be
submitted at the time of preliminary plat application.
The report may be submitted, upon the request of the
appropriate governing body, to the Floodplain
Management Section, Water Resources Division,
Department of Natural Resources and Conservation,
for review and concurrence.
B. Contents of Report. The required report shall
include the following information:
1. Certification. Certification of the report by a
registered professional engineer.
(Bozeman 11-01)
2. Overall Plan View. An overall scaled plan
view (project map) with identified scale for vertical
and horizontal distance showing the following:
a. Watercourse;
b. Floodplain boundaries;
c. Location of property;
d. Contours;
e. Cross sections;
f. Bridges or other contractions in the floodplain;
g. USGS gauging stations (if any).
3. Benchmark(s). The location and elevation of a
temporary benchmark(s) established within the
subdivision and referenced to mean sea level with
appropriate elevation adjustment.
4. Cross Sectional Information.
a. Cross section elevations and stations should be
determined at points representing significant breaks
in ground slope and at changes in the hydraulic
characteristics of the floodplain (e.g., points where
ground cover, soil or rock conditions change).
Elevations must be reported in NA VD88 or
DGVD29 datum.
b. Each cross section shall cross the entire
floodplain. The cross section alignment should be
perpendicular to the general flow of the watercourse,
the slope of the channel and the hydraulic
characteristics of the reach. A minimum of four
cross sections are required over the entire reach with
at least two cross sections at the property where the
elevations are desired. Additional cross sections
must be taken at bridges, control structures or natural
constrictions in topography.
**NOTE: Photogrammetric methods may be used in
lieu of cross sections whenever appropriate and when
reviewed and approved by the appropriate floodplain
administrator.
5. Bridges. Descriptions and sketches of all
bridges within the reach, showing unobstructed
waterway openings and elevations.
6. Water Surface. Elevations of the water surface
determined by survey as part of each valley cross
section.
7. Supporting Documentation. Engineering
report of computer computations, calculations and
assumptions that may include:
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a. Hydrology (research of published hydrology
or calculations showing how hydrology was derived).
b. Input files (hard copy and on diskette).
c. Output files (diskette only).
(Ord. 1477 S 20, 1998: Or~. 1450 S 2 (part), 1998)
16.20.030 Waiver of requirement.
The appropriate governing body shall waive this
requirement where the subdivider contacts the Water
Resources Division, Department of Natural Resourc-
es and Conservation, and that agency states in writing
that the data indicate that the proposed subdivision is
not in the flood hazard area as defined in this chapter.
(Ord. 1477 S 21, 1998: Ord. 1450 S 2 (part), 1998)
Chapter 16.22
IMPROVEMENTS
Sections:
16.22.010
16.22.020
16.22.030
16.22.040
16.22.050
1m provements.
Improvement procedures.
Completion of improvements.
Improvements agreements.
Acceptance of improvements.
16.22.010 Improvements.
A. General. It shall be the responsibility of the
subdivider to comply with the following procedures
and standards for the installation of subdivision
improvements.
B. Plans and Specifications. Engineering and
survey plans, specifications and reports required in
connection with public improvements and other
elements of the subdivision required by the appro-
priate governing body shall be prepared by a regis-
tered engineer or a registered land surveyor, licensed
in the state of Montana, as their respective licensing
laws allow.
C. Scope of Work. The intent of these subdivi-
sion regulations is to provide standards by which the
contractor and the subdivider shall execute their
respective responsibilities and guarantee proper
construction and completion in every detail of the
16.20.030--16.22.020
work in accordance with the plans, specifications and
terms set forth under these regulations.
The subdivider shall furnish the plans, specifica-
tions and typical sections for approval by the county
road office or city engineer, as applicable. It shall be
understood that the work to be done will not
necessarily be limited to within the right-of-way
boundaries.
The appropriate governing body shall have au-
thority to make or cause to be made any reasonable
changes, alterations, amendments and additions to
the standard specifications for infrastructure im-
provements.
D. Control of Work. During the course of con-
struction, and at the completion of each phase of the
project, the subdivider's registered civil engineer
shall submit a statement that the improvements have
been inspected and found to have been constructed in
accordance with the approved plans and specifica-
tions. Prior to making any changes, the subdivider's
engineer shall notifY and receive written approval or
disapproval from the city engineer or county road
office, whichever is appropriate, for any changes in
approved plans and specifications.
E. Protection of Existing Improvements. The
subdivider, his contractors, and suppliers shall be
jointly and severally responsible to ensure that exist-
ing improvements are not damaged or rendered less
useful by the operation of the subdivider, his con-
tractors, or suppliers. This provision is intended to
preclude damage to existing roads, water, sewer, and
drainage systems. The appropriate governing body
may instruct the subdivider as to the streets or roads
to be used for access by construction equipment, and
the subdivider shall be responsible for enforcement
of this instruction upon his contractors and their
suppliers. The appropriate governing body may
require the subdivider to post a surety to guarantee
repair of damages. (Ord. 1450 S 2 (part), 1998)
16.22.020 Improvement procedures.
A. 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
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(Bozeman 11-01)
16.22.030
into an agreement with the appropriate governing
body financially guaranteeing the installation and
performance of the improvements.
The following procedure for approval of the
improvement plans and specifications shall be com-
pleted before installation of improvements or the
entering into of an agreement where collateral is to
be provided for the completion of the improvements:
1. Submittal. Engineering plans and specifica-
tions for all improvements required by these regula-
tions shall be submitted to the city engineer's office
and/or county road office, and to the State Depart-
ment of Environmental Quality, as appropriate.
2. Review. Plans and specifications shall be
locally reviewed by the:
a. City engineer and/or county road office, to
ascertain that the engineering plans and specifica-
tions meet the requirements of these regulations and
other adopted rules and regulations. When deter-
mined by the city engineer or county road office to
be necessary, the plans and specifications shall also
be submitted for review to:
i. Planning office, to ascertain that there have
been no significant deviations from the preliminary
plat, as approved.
ii. Other affected local agencies and utilities.
b. County health department, to review sanitary
facilities which will not be connected to a public
system.
3. Comments and Recommendations. Written
comments and recommendations from the local
reviewing agencies shall be forwarded to either the
city engineer or county road office.
4. Approval. After comments and recommenda-
tions have been received from local agencies and a
certificate of approval of sanitary facilities has been
received from the State Department of Environmen-
tal Quality, the appropriate governing body shall
either give approval in a printed or stamped certifi-
cate on the plans and specifications or shall inform
the subdivider in writing as to what additional re-
quirements must be met to receive approval.
5. Pre-Construction Meeting. Prior to beginning
construction of required infrastructure improvements,
the subdivider or a representative, the subdivider's
(Bozeman 11-01)
engineer, and the contractor who will install the
improvements shall meet with representatives of the
city engineering and/or county road office to ensure
that improvements will be installed in accordance
with approved plans and specifications. The
following information, as appropriate, must be
provided to the city engineer or county road office by
the subdivider prior to or at the time of the pre-
construction meeting:
a. DEQ, road office, and/or city engineer ap-
proval of plans and specifications.
b. Executed easements.
c. Abandoned easements.
d. Shop/fabrication drawings (must be submitted
two days prior to pre-construction meeting).
e. Traffic control plan (must be submitted one
week prior to pre-construction meeting).
f. Copy of contractor's performance and pay-
ment bonds, and insurance.
g. Permits, to include, but not be limited to:
1. Dewatering discharge permit (MDEQ);
n. 310 permit (NRCSIFWP);
Hi. 404 permit (Corps);
IV. Stormwater control permit (MDEQ);
v. Street cut permit (city/county/state);
vi. Utility occupancy permit (MDOT/county);
vii. Floodplain (city/county). (Ord. 1450 ~ 2 (part),
1998)
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16.22.030 Completion of improvements.
A. General. Improvements shall be installed in
accordance with the approved plans and specifica-
tions by the subdivider, and certified by a registered
professional civil engineer, licensed in the state of
Montana, and accepted by the city and/or county
prior to the approval of the final plat, or in accor-
dance with the terms of an executed improvements
agreement.
B. Completion Time. Construction of all subdivi-
sion improvements, as approved by the city engineer
or county road office, shall be completed prior to
construction of any buildings on new lots within the
subdivision. This requirement may be modified by
the appropriate governing body's reviewing engineer
for streets where dictated by circumstances, and
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where acceptable improvement security for the
ultimate development of the streets is provided.
However, under no circumstances shall the required
gravel courses be waived.
1. Exception. When m,unicipal water distribution
and municipal sanitary sewer collection systems and
city streets are being provided to serve a
development proposal occurring under the provisions
of Chapter 16.24, planned unit development (PUD),
or under provisions established for traditional
neighborhood development (TND), the issuance of a
building permit may be allowed prior to completion
of the public infrastructure, provided the following
criteria are met:
a. The subject property shall be developed under
the provisions of Chapter 16.24, planned unit
development or under provisions established for
traditional neighborhood development;
b. The property owners involved must enter into
an improvements agreement, to be secured by a
financial guarantee in an amount to be determined by
the city, with said guarantee to be in the name of the
city;
c. Approval of the final engineering design,
including location and grade, for the infrastructure
project must be obtained from the city engineering
department, and the Montana Department of Health
and Environmental Sciences when applicable, prior
to issuance of any building permit for the develop-
ment;
d. Building permits may be issued incrementally,
dependent upon the status of installation of the
infrastructure improvements. All building con-
struction within the PUD or TND shall cease until
required phases of infrastructure improvements as
described in the pun or TND have been completed,
and inspected and accepted by the city;
e. The property owner shall provide and
maintain fire hazard and liability insurance which
shall name the city as an additional insured and such
issuance shall not be cancelled without at least forty-
five days prior notice to the city. The property owner
shall furnish evidence, satisfactory to the city, of all
such policies and the effective dates thereof;
16.22.040
f. The property owner recognizes, acknow-
ledges, and assumes the increased risk of loss
because certain public services do not exist at the
site;
g. The property owner shall enter into an agree-
ment with the city which provides for predetermined
infrastructure funding options;
h. No occupancy of any structures or commence-
ment of any use constructed or proposed within the
boundaries ofthe PUD or TND will be allowed until
required infrastructure improvements have been
completed, and inspected and accepted by the city,
and a certificate of occupancy has been issued;
l. The property owner shall enter into an
agreement with the city to address the provision of
any services on an interim basis during construction,
if deemed appropriate;
j. The property owner shall execute a hold
hannless and indemnification agreement indem-
nifying, defending and holding harmless the city, its
employees, agents and assigns from and against any
and all liabilities, loss, claims, causes of action,
judgments, and damages resulting from or arising out
of the issuance of a building permit under this
section; and
k. The property owner shall pay for any
extraordinary costs associated with the project which
the city may identify, including, but not limited to,
additional staff hours to oversee the planning,
engineering and construction of the project and
infrastructure improvements, inspection of the
infrastructure improvements and any extraordinary
administrative costs.
2. Notwithstanding the provisions of Section 1
above, the city may limit the scope, type, and number
of projects eligible for simultaneous construction
consideration. (Ord. 1533 S 2, 2001; Ord. 1450 S 2
(part), 1998)
16.22.040 Improvements agreements.
A. If an improvements agreement is used to
guarantee the completion of required infrastructure, it
may allow for the staged installation of improve-
ments in defined areas and in accordance with an
approved time schedule. No building permits will be
294-49
(Bozeman 11-0 I )
16.22.050
issued for the subdivision within the city's building
permit jurisdiction until all required water, and sewer
and street gravel courses are installed and accepted
unless otherwise provided for in development
proposals occurring under the provisions of Chapter
16.24, planned unit developmertt (PUD), or under
provisions established for traditional neighborhood
development (TND) and pursuant to the criteria
established in Sections 16.22.030(B)(l) and
16.22.030(B)(2). The improvements in a prior
increment must be completed or the payment or
guarantee of payment for costs of the improvements
incurred in a prior increment must be satisfied before
development of future increments. If an improvement
s agreement is filed with the final subdivision plat to
secure infrastructure improvements, a separate
document shall be filed with the final plat that clearly
states that building permits will not be installed until
all water and sewer infrastructure and street gravel
courses are installed and accepted. All improvements
agreements shall meet the following standards.
1. The length of time of the agreement shall not
exceed four years from the date of preliminary plat
approval. The agreement shall stipulate the time
schedule the subdivider proposes for accomplishing
the required improvements.
2. Security in the amount equal to one hundred
fifty percent of the estimated cost of the improve-
ments shall be included, with the estimated cost of
improvements provided by the subdivider's profes-
sional engineer. The appropriate governing body has
the discretion to require a second estimate of the cost
of improvements, with the cost of obtaining the
second estimate borne by the subdivider. Such secu-
rity shall be in the form of a surety bond, certificate
of deposit, letter of credit, or cash. The agreement
shall stipulate which type of security arrangements
will be used.
3. The agreement and security shall be satisfac-
tory to the city or county attorney as to form and
manner of execution.
4. Security for improvements other than internal
subdivision roads, water and sewer mains, shall be
reduced only upon recommendation of the city
engineer and/or county road supervisor and approval
by the appropriate governing body, upon request by
the subdivider. Requests for partial release of securi-
(Bozeman 11-01)
ty shall only be in amounts such that the security will
always equal one hundred fifty percent of the value
ofthe uncompleted work, as determined by the city
engineer and/or county road supervisor and such that
not more than ninety percent of the security is
released prior to completion of improvements.
5. The improvements agreement shall be filed
with the final plat. The financial security shall be
placed in the keeping of either the city treasurer or
county clerk and recorder, as appropriate. (Ord. 1533
~ 3, 2001; Ord. 1477 ~ 22, 1998: Ord. 1450 ~ 2
(part), 1998)
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16.22.050 Acceptance of improvements.
A. Acceptance of Subdivision Streets, Roads and
Bridges to the City or County Road System. Before
any subdivision street, road or bridge can be accepted
into the city or county road system by the appropriate
governing body, it shall be built to meet or exceed
the required standards. Existing county roads or
bridges shall be improved to meet or exceed the
standards set by the county prior to petition for
acceptance of such road.
1. Record Drawings. Record drawings of all
public infrastructure improvements constructed
within the city, drawn to the specifications required
by the city engineering office, shall be submitted
prior to final plat approval, per ARM 8.94.3003 (3.g).
2. Maintenance of County Roads and Bridges. If
a subdivision road or bridge in a subdivision outside
city limits has been built to a paved standard
approved by the county road office, and the appro-
priate steps have been taken resulting in the county
commission accepting such facility into the county
road system, the county will then accept responsi-
bility for maintenance and snow removal of that
subdivision road or bridge.
B. County Road and Bridge Acceptance Proce-
dure.
1. No road or bridge in a subdivision shall be-
come a part of the county road system unless the
county commission are petitioned, as provided by
law, by the freeholders to accept such facilities as
part of the county road system.
2. Upon receiving the petition, the county com-
mission will set a date for a hearing.
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3. All freeholders signing the petition and living
on the road will be notified by registered mail of the
date of the hearing.
4. After the hearing, each freeholder will be
notified by registered mail, as to the course of action
taken by the county commission.
5. Acceptance of any subdivision road or bridge
shall be made by resolution and entered into the
minutes of the proceedings of the county commission
in session on that date. Upon acceptance, said road
shall be assigned an appropriate name or number.
The county commission shall exercise extreme
precaution not to burden the county with various
duties, expense, and liabilities subsequent to this
acceptance.
C. Previously Recorded Subdivisions. Roads and
bridges in previously recorded subdivisions may
become part of the county road system if accepted by
the same procedure as set forth in this section. (Ord.
1450 ~ 2 (part), 1998)
Chapter 16.24
PLANNED UNIT DEVELOPMENT
Sections:
16.24.010
16.24.020
16.24.030
Intent.
Procedures and submittal.
PUD criteria.
16.24.010 Intent.
The intent of this chapter is to provide flexibility
in some of the design standards of Chapters 16.14
and 16.16, and promote innovation in development
design and land utilization. By using a concept which
clusters development, subdivisions may be planned
so as to promote creativity in subdivision design;
provide economies in the supply of public services;
enhance and preserve open space and unique natural
features; and enable the planning of a tract for a
single use or for a harmonious combination of uses,
such as a mixture of residential and commercial. All
planned unit developments shall comply with
16.24.010--16.24.030
applicable zoning regulations. (Ord. 1450 ~ 2 (part),
1998)
16.24.020 Procedures and submittal.
The subdivision procedures as outlined in these
regulations shall be followed, with the submittal of
the following additional information.
A. Pre-application Plan:
1. A layout plan showing the proposed location
and use of lots and structures and the location and
number of parking spaces, if appropriate.
2. A description of measures to be taken to
assure permanence and maintenance of open space
and other facilities to be under common ownership.
3. A description of all proposed waivers or
modifications from the design standards.
4. Any additional, reasonable information.
B. Preliminary Plat:
1. A schedule showing the time when improve-
ments required by these regulations will be com-
pleted where a plan calls for a development time of
eighteen months or more for improvements.
2. If common property is to be deeded to a
property owner's association, the subdivider shall
establish a property owner's association and submit a
draft of all covenants and legal documents which will
govern the association.
3. A description of all proposed waivers or
modifications from the design standards of these
regulations.
4. Any additional information found to be nec-
essary during pre-application plan review. (Ord. 1450
~ 2 (part), 1998)
16.24.030 PUD criteria.
The appropriate governing body may establish or
approve a PUD and waive or modify the design
standards of Chapters 16.14 and 16.16 for lots,
blocks, roads, and parks if the following criteria are
met or exceeded.
A. General. The plan shall conform to the in-
tended purposes of these regulations, the special
intent of this section, and one or more ofthe follow-
109:
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(Bozeman 11.01)
16.26.010--16.26.020
1. Preserve to the maximum extent possible the
natural characteristics of the land; includingtopogra-
phy, vegetation, streams and other bodies of water.
2. Preserve productive agricultural land.
3. Protect important historic sites, structures, or
areas of important wildlife habitat.
4. Provide economies in the provision of roads
and public improvements.
B. Site Size. The total site size, as measured by
the boundary perimeter of the PUD, shall be appro-
priate to the proposed area and design.
C. Open Space. Each PUD shall provide an area
for dedicated park and/or common open space ap.
propriate in size to the proposed development and
design; however, such area shall not be less than the
amount of land required to be dedicated under Sec-
tion 16.14.090 for the area of the subdivision, exclu-
sive of all other dedications.
D. Landscaping. Landscaping may be required
between building sites or on the PUD perimeter
where the appropriate governing body deems it
necessary to provide buffer screening between dif.
ferent land uses.
E. Parking Area. Adequate parking area shall be
required for the proposed uses of the development, as
determined appropriate by all applicable zoning
regulations or the appropriate governing body.
F. Streets. Streets within the subdivision shall be
open to the public; however, private streets may be
allowed by the appropriate governing body under the
following circumstances. Any internal street not
meeting the standards of Section 16.16.080 of these
regulations shall be a private street.
1. Collector roads designed to furnish access to
adjacent areas are dedicated.
2. Adequate responsibility for the improvement
and maintenance of private roads is assumed by the
land owners' association.
3. Subdivision street improvement specifications
are in compliance with these regulations.
G. Other Regulations. Where there are other
ordinances or regulations which require compliance
to pun or other minimum standards, this section
does not authorize the appropriate governing body to
(BozemaQ 11-01)
waive or modifY such ordinances or regulations.
(Ord. 1450 ~ 2 (part), 1998)
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Chapter 16.26
SUBDIVISIONS CREATED BY RENT OR
LEASE OR CONDOMINIUMS
Sections:
16.26.010
16.26.020
16.26.030
General.
Procedure.
Standards for mobile home
parks and recreational
vehicle parks.
Standards for condominiums.
16.26.040
16.26.010 General.
Subdivisions created by rent or lease (Le., mobile
home parks) and condominiums are exempt from the
survey requirements of these regulations, but must be
submitted for review and be approved before
possession of any portion thereof may be conveyed
in any manner. (Ord. 1450 ~ 2 (part), 1998)
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16.26.020 Procedure.
The procedures as outlined in Chapter 16.08,
Review Procedures for Major Subdivisions, shall be
followed except as follows:
A. Final Approval Procedure.
1. The subdivider shall submit two originals and
three copies of the plan, with required revisions,
together with all required signed certificates and
documents.
2. Before any portion of a rental or lease subdi-
vision may be rented or leased, the subdivider shall
have installed all required improvements. Final plans,
profiles, and specifications for proposed im-
provements shall be submitted to the appropriate
governing body for its approval prior to the con-
struction of improvements. The appropriate govern-
ing body may provide for inspection of all required
improvements in order to assure conformance with
the approved construction plans and specifications. A
letter from the city engineer or county road su-
perintendent, whichever is applicable, shall be
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submitted to the planning office with the final plat
application, where applicable, certifying that the
following documents have been received:
a. As-built drawings, i.e., copies of final plans,
profiles, grades, and spe,;ifications for public im-
provements, including a complete grading and drain-
age plan;
b. Copy of the state highway pennit when a new
street or road will intersect with a state highway.
3. The planning office shall review the plan to
ascertain that all conditions of preliminary approval
have been met.
4. The appropriate governing body shall examine
the plan within forty-five days of the date of sub-
mission and shall approve it if it conforms to the
conditions set forth on the preliminary plan and the
terms of these regulations. Ifapproved, the appropri-
ate governing body shall so certify in a printed
certificate on the plan and provide the subdivider
with one copy thereof. The original shall be filed
with the county clerk and recorder as a
"miscellaneous" document and one copy of the
approved plan shall be retained in the planning
office. If disapproved, the appropriate governing
body shall write the subdivider a letter stating the
reasons therefor.
B. Plans and Data. Plans and supplemental infor-
mation required in these regulations shall be submit-
ted with the following exemptions and additions.
1. Boundary Lines. All plans may showapproxi-
mate boundary, lot, right-of-way, or other lines
including the plan submitted for final approval.
2. Documents and Certificates. The following
documents and certificates shall be submitted with or
shown on the preliminary plan (draft or copy) and the
plan submitted for final approval (final form and
signed.)
a. Covenants, restrictions, or lease and rental
agreements.
b. Encroachment permits or a letter indicating in-
tent to issue a permit where new roads, easements,
and other subdivision improvements intersect or are
located within city, county, or state highways or
roads.
16.26.030
c. Certificate of installation of improvements by
registered engineer.
d. Certificate ofthe appropriate governing body.
e. Certificate of approval by the State Depart-
ment of Health and Environmental Sciences (with
plan for final approval only).
f. Certificate of county treasurer.
g. Certificate of mortagee(s).
(Ord. 1477 ~ 23, 1998: Ord. 1450 ~ 2 (part), 1998)
16.26.030 Standards for mobile home parks
and recreational vehicle parks.
The design standards of Chapters 16.14 and 16.16
of these regulations shall be complied with, except
where otherwise noted below.
A. Space Layout. Required plans shall include a
layout of typical spaces showing the location and
dimensions of the space, stand, driveway and parking
spaces in compliance with the following standards.
294-53
(Bozeman II~OI)
16.26.030
1. Within the City Limits and Zoning Jurisdiction.
Mobile Home Space
a. Minimum space area 5,000 sq. ft.
b. Minimum space width 50 feet
c. Minimum stand size 12' x 60', single
24' x 48', double
d. Setback of stands from:
Property line (exterior boundary) 20 feet
Interior streets 15 feet
Public streets 25 feet
e. Distance between stands from:
Side to side 25 feet
Rear to rear 15 feet
f. Parking spaces (9' x 20'):
Each mobile space 2 spaces
For every 4 mobile spaces
(guest parking) 1 space
2. Within the Planning Jurisdictional Area.
a. Minimum space area
b. Minimum space width
c. Minimum stand size
Mobile Home Space
6,000 sq. ft.
60 feet
12' x 50', single
24' x 50', double
d. Setback of stands from:
Property line (exterior boundary)
Interior roads
Public roads
e. Distance between stands from:
Side to side
Rear to rear
f. Parking spaces (9' x 20'):
For each mobile space
For every 4 spaces
(for guest parking)
20 feet
15 feet
25 feet
25 feet
15 feet
2 spaces
1 space
3. Setback Requirements. The setback of stands
from private interior streets shall be measured from
either the back of curb or from the improved edge of
pavement, whichever applies.
e
Recreational Vehic1e Space
1,500 sq. ft.
15 feet
8 feet in width
20 feet
25 feet
1 space
Recreational Vehic1e Space
1,500 sq. ft.
15 feet
8 feet in width
e
25 feet
25 feet
1 space
4. Arrangement. Mobile home spaces shall be
arranged to permit the practical placement and re-
moval of mobile homes. Every space must front on
a public or private street.
(Bozeman 11-01)
294-54
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5. Stand Base Requirements. Each mobile home
stand shall be constructed to provide adequate sup-
port for placement of the mobile home, including a
stabilized sub-base, along with an appropriate base
material (gravel, concrete, etc.). The base material
shall be subject to approvai by the county road office
or city building department, as appropriate.
6. Tie-Downs. Mobile home stands shall be
equipped with anchors or tie-downs in conformance
with the Uniform Building Code.
7. Parking Spaces. Two parking spaces shall be
provided on each mobile home space, minimum and
maximum. The spaces may be stacked, one behind
the other, or they may be side by side within the front
yard setback area, but may not protrude over the
sidewalk. The required guest parking shall be
uniformly arranged and dispersed for convenience
throughout the mobile home subdivision. Guest
parking must be paved. If parking is provided on one
or both sides of the subdivision streets, the
requirement for guest parking will not apply.
8. A permanent enclosure for temporary storage
of garbage, refuse, and other waste material shall be
provided for every mobile home space. If trash
dumpsters are to be used, they shall be centrally and
conveniently located, shall not be located in any front
yard, and shall be situated so that containers can be
pulled straight out of the enclosure or so the
sanitation truck can back straight into the enclosure.
The location of each trash dumpster shall be shown
on the preliminary plat, with the location subject to
review and approval by the sanitation company of the
subdivider's choice.
Enclosures shall be constructed for every trash
dumpster, and shall be constructed of solid or orna-
mental pierced masonry walls or other appropriate
material, with a solid concrete floor sloped for
drainage and maintenance of sanitary conditions.
Enclosures shall be of sufficient height to conceal
contents, including container, but shall, in no case, be
less than four feet in height above grade.
If each mobile home space will use individual cans
for the temporary storage of garbage, refuse, and
other waste materials, a garbage can rack shall be
provided for each mobile home space. The rack shall
16.26.030
be of sufficient size to hold two standard garbage
cans, and shall be constructed to ensure the cans
cannot be spilled from the rack by wind, children, or
animals. The location of each rack, and a detail ofthe
construction, shall be provided with the preliminary
plat application.
B. Street and Road Design. Private or public
streets or roads, which are improved in accordance
with these regulations, shall be provided. The subdi-
vider shall not be required to reserve right-of-way in
excess of the improved street or road width, except
for public streets which extend through the
subdivision.
1. Street Type. The width of private streets, as
measured from back of curb to back of curb (within
city limits), or improved edge to improved edge,
whichever applies, shall be:
Street Type
Within
City
Outside
City
Streets with parking
allowances on both
sides
37 feet
40 feet
Streets with parking
allowances on one
side
30 feet
32 feet
Streets without
parking allowances 24 feet
24 feet
2. Private Streets. Except for public streets that
extend through the subdivision, streets in mobile
home or recreational vehicle parks shall not be
dedicated to public use.
a. All private streets without parking allowances
on one or both sides shall be signed "No Parking,
Fire Lane" in accordance with the requirements of
the Manual of Uniform Traffic Control Devices
(MUTCD). Any curb on the side or sides of a street
which are signed "No Parking, Fire Lane," shall be
painted yellow.
b. All private streets for mobile home or recre-
ational vehicle parks shall be constructed as paved
294-55
(Bozeman 11.01)
16.26.030
streets, with concrete curb and gutter installed on
streets within city limits. Sidewalks shall be installed
on at least one side of all private streets that have
parking allowances on one side, as well as on those
that provide no parking allowances. Sidewalks shall
be installed on both sides of the street for private
streets with parking allowances on both sides. A
minimum four-foot wide boulevard shall be provided
between the edge of pavement and sidewalk for snow
removal.
3. Public Streets. Public streets that extend
through the subdivision shall be dedicated to the
public either through the minor subdivision process
or by written easement. Public streets within the
subdivision shall be constructed to city or county
standards, as appropriate. For subdivisions within
city limits, sidewalks shall be installed on both sides
of the public street.
4. Primary Access. Mobile home and recreation-
al vehicle parks shall have direct access to a desig-
nated collector or arterial street or road. All off-site
access to mobile home or recreational vehicle parks
shall meet the requirements for collectors or arterials
in the design standards of these regulations.
5. Stand Access. Minimum access width to each
mobile home or recreational vehicle stand shall be
twelve feet. All private stand access drive approaches
to public streets within the city limits shall be
constructed in accordance with the city's standard
approach, i.e., concrete apron, sidewalk section, and
drop-curb, with approaches being a minimum of
eight feet from subdivision property lines. All private
stand access drive approaches to public streets
outside city limits shall be approved by the county
road office.
C. Public Access and Utility EasementslRight-of-
Way. Written public access/utility easements shall be
filed with the county clerk and recorder for water and
sewer mains, private utilities (power, phone, gas, TV,
etc.), streets and sidewalks prior to final plan
approval.
In the interest of obtaining dedicated right-of-way
instead of access and utility easements for public
streets, the appropriate governing body may require
the subdivider to apply for a minor subdivision which
(Bozeman 11-01)
will provide the means of dedicating the right-of-way
as well as utility and access easements. The
dedication of public streets and appropriate
easements shall be the sole purpose of the subdivi-
SIOn.
D. Second or Emergency Access. To facilitate
traffic, the provision of emergency services, and the
placement of utility easements, the subdivider shall
provide all mobile home or recreational vehicle parks
with a second means of access. If, in the judgement
of the appropriate governing body, a second
dedicated right-of-way cannot be provided for
reasons of topography or other physical conditions,
the subdivider shall provide an emergency access,
built to the standards of these regulations.
E. Mail Delivery. If mail delivery will not be to
each individual space, the mobile home park shall
provide an off-road area for mail delivery within the
development in cooperation with the United States
Postal Service.
F. Landscaping. Landscaping may be required by
the appropriate governing body to provide a buffer
between mobile home and recreational vehicles parks
and adjacent uses, and to enhance the appearance of
the development. The landscaping may be
interspersed with a fence or wall. Specific perimeter
landscapelbuffering treatments shall be determined
on a case-by-case basis, with the appropriate
governing body considering appropriate factors such
as the nature of adjacent uses, noise, proximity to
busy streets, and community character into account.
Landscaping within the mobile home or recre-
ational vehicle park shall be provided by the subdi-
vider to soften the aesthetic appearance of the park as
well as to enhance privacy of park residents, help
conserve energy by shading and cooling the buildings
and roadway surface, and give some visual order to
the development.
G. Recreation Areas. At a minimum, the amount
of land required to be dedicated under Section
16.14.090 of these regulations shall be reserved as
park or recreation area. These areas shall be located
to conveniently serve residents ofthe entire develop-
ment, and shall be configured to provide usable
recreational area. Recreation areas may include space
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294-56
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for community recreation buildings and facilities.
1. Public Accessibility to Recreation Areas.
Public access through the recreation area may be
required, through the provision of a written public
access easement, if it is de~ermined by the appropri-
ate governing body that public access is necessary to
ensure public access through the private recreational
area from adjoining properties to nearby or adjacent
public parks.
2. Conducive Use of Stormwater Facilities Lo-
cated Within Recreation Areas. If stormwater facili-
ties are located within the recreation areas, the con-
ducive use of the stormwater facility as recreation
land shall be determined by the appropriate govern-
ing body to ensure adequate recreation area is avail-
able. If it is determined that the storm-water facility
is not conducive to recreation use, the subdivider
shall either provide additional recreation area, or may
install recreational improvements, such as play-
ground equipment, to offset the decrease in usable
recreation area.
3. Recreation Area Improvements. All recreation
areas must be leveled and reseeded, and a permanent
irrigation system provided by the subdivider.
H. Storage Requirements. The subdivider shall
indicate how on-site storage needs of residents,
including but not limited to, recreational vehicle
storage (e.g. boats, trailers, snowmobiles, motorcy-
cles, campers, etc.), summer-time patio furniture,
bicycles, lawnmowers, etc., will be met. (Ord. 1477 ~
24, 1998: Ord. 1450 ~ 2 (part), 1998)
16.26.040 Standards for condominiums.
A. Condominium developments shall meet the
minimum standards of the Montana Department of
Environmental Quality, adopted pursuantto Title 76,
Chapter 4, MCA.
B. The design standards of Chapters 16.14 and
16.16 of these regulations shall be complied with, as
applicable, except where noted below. .
1. Exemptions. Subdivision review and approval
requirements shall not apply where:
a. Condominium buildings are being constructed
on land divided in compliance with the Montana
Subdivision and Platting Act; or
16.26.040
b. An adopted zoning ordinance permits multiple
family use of the density proposed on the property
proposed for development, when that property is part
of an approved and filed subdivision, the approval of
which was based on the anticipated construction of
multi-family developments.
C. Street and Road Design. Private or public
streets or roads, which are improved in accordance
with these regulations, shall provide access to the
development. Internal private streets or drive access-
es shall be a minimum of twenty-four feet in width,
when no allowance for on-street parking is provided.
If parking is provided on a private street within the
development, the standards of Section 16.26.030
shall be met.
1. Private Streets. All private streets without
parking allowances on one or both sides shall be
signed "No Parking, Fire Lane" in accordance with
the requirements of the Manual of Uniform Traffic
Control Devices (MUTCD). Any curb on the side or
sides of a street which are signed "No Parking, Fire
Lane," shall be painted yellow.
a. All private streets or driveways for condomin-
ium developments shall be constructed as paved
streets, with concrete curb and gutter installed on
streets within city limits. Sidewalks shall be installed
on at least one side of all private streets that have
parking allowances on one side, as well as on those
that provide no parking allowances. Sidewalks shall
be installed on both sides of the street for private
streets with parking allowances on both sides. A
minimum four-foot wide boulevard shall be provided
between the edge of pavement and sidewalk for snow
removal.
2. Public Streets. Public streets that extend
through the development shall be dedicated to the
public either through the minor subdivision process
or by written easement. Public streets within the
development shall be constructed to city or county
standards, as appropriate. For subdivisions within
city limits, sidewalks shall be installed on both sides
of the public street.
D. Second or Emergency Access. To facilitate
traffic, the provision of emergency services, and
294-57
(Bozeman 11-01)
16.28.010--16.28.020
the placement of utility easements, a second means of
access may be required by the appropriate governing
body, if deemttd necessary.
E. Mail Delivery. Ifmail delivery will not be to
each unit, the development shall provide an off-road
area for mail delivery within the development in
cooperation with the United States Postal Service.
F. Unit Ownership Act. Condominium develop-
ment shall comply with all provisions of the Unit
Ownership Act, Section 70-23-102 through 70-23-
703, MCA, and all regulations adopted pursuant
thereto.
G. Other Requirements. The subdivider shall
comply with all other standards and requirements of
these regulations and other local and state regula-
tions. Condominium applications shall, at a mini-
mum, show the proposed location of buildings, snow
storage, parking, and internal access. All de-
velopments must comply with applicable zoning
regulations. (Ord. 1450 ~ 2 (part), 1998)
Chapter 16.28
SUBDIVISION EXEMPTIONS
Sections:
16.28.010
16.28.020
Purpose and general guidelines.
Procedures and general
requirements.
Procedures for filing
certificates of survey of
divisions of land
entirely exempted from
the requirements of
the Act.
Specific exemptions.
Correction of errors.
16.28.030
16.28.040
16.28.050
16.28.010 Purpose and general guidelines.
The state of Montana provides that certain divi-
sions of land, which would otherwise constitute
subdivisions, are exempt from local subdivision
review and approval, unless the transactions are an
attempt to evade the Montana Subdivision and Plat-
ting Act, Section 76-3-101 et. seq., MCA, hereinafter
(Bozeman 11-01)
referred to as "the Act."
Each newly created parcel less than one hundred
sixty acres shall have a certificate of exemption,
unless reviewed as a subdivision.
These regulations shall not be applicable to deeds,
contracts, leases, or other conveyances executed prior
to July 1, 1974.
An exemption may not be made under this section,
except for security for construction financing and
court orders, unless the county treasurer has certified
that all real property taxes and special assessments
assessed and levied on the land to be divided have
been paid.
The following procedures, criteria, and require-
ments shall be used to review an exemption from
subdivision review and to determine whether the
division of land is for the purpose of evading the
Montana Subdivision and Platting Act. (Ord. 1450 ~
2 (part), 1998)
e
16.28.020 Procedures and general
requirements.
All certificates of surveyor amended subdivision
plats claiming an exemption inside the city limits
shall be submitted to the planning office. The pro-
cedures and requirements of these regulations are
limited to the exemptions specified in these regula-
tions.
A. Submittal. A claimant seeking an exemption
under the Act and these regulations shall submit a
claim on the appropriate application form, including
a signed certificate of exemption, together with
evidence to support the claim and any other infor.
mation required by these regulations to the planning
office. Four paper copies of the certificate of the sur-
vey or amended plat shall be submitted with the
claim and shall be folded to fit in a standard eight and
one-half inches by eleven inches or eight and one-
half inches by fourteen inches folder.
B. Review. The planning office, the Gallatin
County clerk and recorder, and the city attorney's
office, will review the claimed exemption. During
this review, the planning office personnel will
include a personal visit to the proposed site,
understand thoroughly the nature of all activity
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294.58
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occurring on the site, and shall identify any existing
or potential zoning conflicts. The planning office
shall make a report to the city commission, which
shall also be made available to the claimant or the
claimant's representative.
1. The city commission shall review the
submittal at a regular meeting. The claimant or the
claimant's representative shall be notified of the date
and time of the meeting. The claimant may request a
continuance of the meeting.
a. At the meeting, the claimant may present evi-
dence in support of the exemption. The city com-
mission shall allow or disallow the exemption within
thirty days of its submission to the planning office,
unless the claimant has requested or granted a
continuance of the hearing, in which case this time
limit shall not apply. If the exemption is approved,
the director of public service shall so certify in a
printed certificate on the plat/C.O.S.
2. In assessing the claimant's purpose for the
exemption, the city commission will evaluate all
relevant circumstances including 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 exemption transactions are
completed.
3. Where a rebuttable presumption is declared in
these regulations, the presumption may be overcome
by the claimant with evidence contrary to the
presumption. If the city commission concludes that
the evidence overcomes the presumption and that
from all the circumstances the exemption is justified,
the exemption will be allowed. On the other hand, if
the city commission concludes that the presumption
is not overcome and that from all the circumstances
the exemption is not justified, the exemption will be
disallowed.
4. If the exemption is allowed, the city
commission shall so certify in a printed certificate on
the certificate of surveyor amended plat.
5. If the exemption is disallowed, city
commission shall provide written notification of its
decision to the person claiming the exemption, and to
the Gallatin County clerk and recorder.
16.28.020
C. Filing Requirements. A certificate of surveyor
an amended plat of a division of land which is
exempt from review must be filed within one hun-
dred eighty days of the completion of the survey. It
may not be filed by the Gallatin County clerk and
recorder unless it complies with the following re-
quirements:
1. It must bear the certificate of the person
having the recorded interest claiming the exemption
stating that the division of land is exempted from
review as a subdivision and citing the applicable
exemption.
2. Certificates of survey and amended plats shall
be legibly drawn with permanent ink or printed or
reproduced by a process guaranteeing a permanent
record and shall be eighteen inches by twenty~four
inches overall, to include a one and one-half-inch
margin on the binding side.
3. For certificates of surveyor amended plats
within city limits and the zoning jurisdictional
boundary of the city, two signed cloth back or
opaque mylar copies and two signed reproducible
copies on a stable base polyester film or equivalent,
and one digital copy of the survey on a three-and-
one-half-inch DSIDD disk shall be submitted.
4. Whenever more than one sheet must be used
to accurately portray the land subdivided, each sheet
must show the number of that sheet and the total
number of sheets included. All certification shall be
shown or referenced on one sheet.
5. The certificate of surveyor amended plat shall
show or contain on its face or on separate sheets
referenced on its face, the following information
only:
a. A title block including the quarter section,
section, township, range, principal meridian, county,
and state of the surveyed land. Space shall be pro-
vided on the certificate of surveyor amended plat for
clerk and recorder's filing information. A certificate
of survey shall not bear the title "plat," "sub-
division," or any other title other than "certificate of
survey."
b. Name(s) of the owner(s) of the land surveyed
and the names of any adjoining platting subdivisions
294-59
(Bozeman 11-01)
16.28.030--16.28.040
and numbers of any adjoining certificates of survey
previously recorded and ties thereto.
c. Date survey was completed and a brief de-
scription of why the certificate of surveyor amended
plat was prepared.
d. North point and scale bar. Scale shall be
sufficient to legibly represent the required data on the
certificate of surveyor amended plat submitted for
filing.
e. All monuments found, set, reset, replaced or
removed describing their kind, size, location and
giving other data related thereto.
f. The location of any corners of sections or
divisions of sections pertinent to the survey.
g. Witness monuments, basis of bearing, bear-
ings and length of lines.
h. The bearings, distances and curve data of all
perimeter boundary lines shall be indicated. When
the parcel surveyed is bounded by an irregular
shoreline or a body of water, the bearings and dis-
tances of a meander traverse shall be given.
i. Data on all curves sufficient to enable the re-
establishment of the curves on the ground. These data
shall include:
1. Radius of curve;
ii. Arc length;
iii. Degree of curve;
IV. Notation of non tangent curves.
j. Lengths of all lines shown to at least tenths of
a foot, and all angles and bearings shown to at least
the nearest minute.
k. A metes and bounds description ofthe perim-
eter boundary of the tract surveyed.
1. All parcels created by the survey, designated
by number or letter, and the dimensions and area of
each parcel. (Excepted parcels shall be marked "Not
included in this survey.")
m. The signature and seal of the registered land
surveyor responsible for the survey. The affixing of
his seal constitutes a certification by the surveyor that
the certificate of surveyor amended plat has been
prepared in conformance with the Montana
Subdivision and Platting Act (Sections 76-3-101
through 76-3-614, MCA), and the regulations adopt-
ed pursuant thereto.
(Bozeman 11 ~o I)
n. Memorandum of oaths administered pursuant
to Section 76-3-405, MCA. (Ord 1501 ~ 6, 1999:
Ord. 1450 ~ 2 (part), 1998)
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16.28.030 Procedures for filing certificates of
survey of divisions of land entirely
exempted from the requirements of
the Act.
The divisions of land described in Sections 76-3-
201 (court order, security for construction mortgages,
mineral interest, cemetery lots, life estate, lease or
rent for ag purposes), 76-3-205 (state owned lands),
and 76-3-209 (state highways), MCA, are not
required to be surveyed nor must a certificate of
surveyor subdivision plat thereof be filed with the
clerk and recorder. A certificate of survey of such a
division may, however, be filed with the clerk if it
meets the requirements for form and content for
certificates contained in this section and bears a
certificate of the surveyor performing the survey
stating the applicable exemption from the Act. (Ord.
1450 ~ 2 (part), 1998)
16.28.040 Specific exemptions.
A. Exemptions 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 adop-
tion, 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 outside of a platted subdi-
vision to each member of the landowner's immediate
family, providing that the use of the exemption
creates no more than one additional parcel of less
than one hundred sixty acres in size. The parcel
involved in the division must be outside of a platted
subdivision. Each exemption under this section will
be reviewed by the appropriate governing body under
these regulations.
3. A certificate of survey for a family transfer
may include more than one exempt parcel providing
all parcels meet the criteria of this section.
4. Certificates of survey showing the creation of
new parcels of land pursuant to this exemption as a
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294-60
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gift or sale to a member of the immediate family
must be accompanied by a copy of the deed trans-
ferring 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.
5. The certificate of survey for an exemption for
a family transfer must indicate the name of the
grantee, the relationship of the grantee to the land-
owner, and the parcel to be conveyed to the grantee.
6. The appropriate governing body makes a
rebuttable presumption that a family transfer is
adopted for the purpose of evading the Act if it is
determined that one or more of the following condi-
tions exist:
a. The exempted parcel would leave more than
one additional parcel of less than one hundred sixty
acres.
b. The member of the landowner's immediate
family would have received more than one exempted
parcel in the county.
B. Agricultural Exemption. An agricultural
exemption is a division of land made outside of a
platted subdivision by gift, sale, or agreement to buy
and sell in which the parties to the transaction enter a
covenant running with the land, revocable only by
mutual consent of the appropriate governing body
and the transferee/property owner, that the divided
land will be used exclusively for agricultural
purposes. No building or structure requiring water or
sewer facilities shall be utilized on such a parcel. The
parcel involved in the division must be outside of a
platted subdivision.
A change in use of the land for anything other than
agricultural purposes subjects the division to these
subdivision regulations.
C. Relocation of Common Boundary Lines.
1. The proper use of the exemption for relocating
common boundary lines is to:
a. Establish a new boundary between adjoining
parcels ofland, without creating an additional parcel;
or
b. Establish a new common boundary line be-
tween a single lot within a platted subdivision and
adjoining land outside a platted subdivision. A re-
16.28.040
striction or requirement on the original platted lot or
original unplatted parcel continues to apply to those
areas.
2. A certificate of survey for the relocation of
common boundary lines may include five or fewer
parcels and/or lots.
3. Certificates of survey showing the relocation
of common boundary lines must be accompanied by:
a. A deed(s) exchanging recorded interest from
every person having a recorded interest in adjoining
properties for the entire newly-described parcel(s)
that is acquiring additional land; and
b. Documentation showing the need orreason for
the relocation (for example: structure encroachment,
surveyor error, or enhancement of the configuration
of the property).
c. The certificate of survey must bear the signa-
tures of all landowners whose parcels are changed by
the relocation, and show that the exemption was used
only to change the location of a boundary line
dividing two parcels, and must clearly distinguish the
prior boundary location (shown, for example, by a
dashed or broken line or a notation) from the new
boundary (shown, for example, by a solid line or
notation).
4. The appropriate governing body makes a
rebuttable presumption that a proposed relocation of
common boundary lines is adopted for the purpose of
evading the Act, if the appropriate governing body
determines that the documentation submitted accord-
ing to this section does not support the stated reason
for relocation, or an additional parcel is created.
D. Aggregation of Lots and/or Relocation of
Common Boundaries within a Platted Subdivision.
1. The proper use of the exemption for aggrega-
tion of lots and/or relocation of common boundaries
is to rearrange and/or aggregate five or fewer lots
within a platted subdivision and does not increase the
total number of lots within the subdivision. The plat
shall contain the title "Amended Plat" and must be
filed with the county clerk and recorder.
2. The amended plat showing the aggregation of
lots and/or relocation of common boundary within a
platted subdivision must be accompanied by:
294-61
(Bozeman ))-0 I)
16.28.050
a. A deed(s) exchanging recorded interest from
every person having a recorded interest in adjoining
properties for the entire newly-described parcel(s)
that is acquiring additional land; and
b. Documentation showing the need or reason for
the relocation (for example: structure encroachment,
surveyor error, or enhancement of the configuration
of the property).
c. The amended plat must bear the signatures of
all landowners whose parcels are changed by the
relocation or aggregation. The amended plat must
show that the exemption was used only to change the
location of boundary lines or aggregate lots, and must
clearly distinguish the prior boundary location
(shown, for example, by a dashed or broken line or a
notation) from the new boundary (shown, for
example, by a solid line or notation).
3. The appropriate governing body makes a
rebuttable presumption that a proposed aggregation
of lots and/or relocation of common boundaries
within a platted subdivision is adopted for the pur-
pose of evading the Act if it determines that six or
more lots are affected by the proposal.
4. Any division of lots which results in an in-
crease in the number of lots or which redesigns or
rearranges six or more lots must be reviewed as a
subdivision and approved by the appropriate govern-
ing body prior to the filing of the final plat.
E. Security for Construction Financing.
1. The proper use of the exemption is to provide
security for construction mortgages, liens, or trust
indentures, when a survey of the parcel has been
required.
2. The appropriate governing body makes a
rebuttable presumption that a division of land that is
created to provide security is adopted for the purpose
of evading the act under the following conditions:
a. If the division of land is created for the pur-
pose of conveyance; or
b. The financing is for construction on land other
than on the exempted parcel.
3. When the security for construction financing
exemption is to be used, the landowner shall submit,
in addition to such other documents as may be
required, a written statement explaining:
(Bozeman 11-0))
a. How many parcels within the original tract
will be created by use of the exemption,
b. Who will have title to and possession of the
remainder of the original parcel,
c. A signed and notarized 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. The written statement and the instruments
creating the security shall be filed at the same time as
the survey with the clerk and recorder.
F. Court Order. The proper use of this exemption
is when a division of land is created by order of any
court of record in this state or by operation oflaw, or
which, in the absence of agreement between the
parties to the sale, could be created by an order of
any court in this state pursuant to the law of eminent
domain, when a survey of the parcel has been
required. (Ord. 14 77 ~ 25, 1998: Ord. 1450 ~ 2 (part),
1998)
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16.28.050 Correction of errors.
Correction of errors may be made by the submis-
sion of a corrected certificate of survey for the
appropriate governing body's approval. (Ord. 1450 ~
2 (part), 1998)
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Chapter 16.30
ADMINISTRATIVE PROVISIONS
Sections:
16.30.010
16.30.020
Variances.
Amendments to subdivisions
regulations.
Administration.
Corrections, amendments, or
vacation of recorded final plats.
Inaccurate or incomplete
information.
Changes to conditions after
approval.
Additional conditions after
preliminary plat approval.
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16.30.030
16.30.040
16.30.050
16.30.060
16.30.070
294-62
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16.30.080
Waivers.
16.30.010 Variances.
The city commISSIOn may grant reasonable
variances from the design and improvement
standards of these regulations where it is found that
strict compliance would result in undue hardship and
is not essential to the public health, safety, and
general welfare.
A. Procedure. The subdivider shall include with
the submission of the preliminary plat a written
statement describing the requested variance and the
facts of hardship upon which the request is based.
The planning board shall include their findings and
conclusion regarding the requested variance in its
recommendation to the city commission. The city
commission shall then consider each variance at the
public hearing on the preliminary plat.
B. Public Hearing Notice. The notice required in
Section 16.1 O.050E of these regulations shall include
a reference to all requested variances.
e. Review Criteria. Per Section 76-3-506, MCA,
a variance to these regulations must be based on
specific variance criteria, and may not have the effect
of nullifying the intent and purpose of these
regulations. The city commission shall not approve
variances unless it makes findings based upon the
evidence presented in each specific case that:
I. The granting of the variance will not be detri-
mental to the public health, safety, or general wel-
fare, or be injurious to other adjoining properties;
2. Because of the particular physical surround-
ings, shape or topographical conditions of the spe-
cific property involved, an undue hardship to the
owner would result if strict interpretation of these
regulations is enforced;
3. The variance will not cause a substantial
increase in public costs; and
4. The variance will not, in any manner, place
the subdivision in nonconformance with any adopted
zoning regulations or comprehensive plan.
e. Variances from Ploodway Provisions Not
Authorized. The city commission may not, by
variance, permit subdivision for building purposes in
areas located within the floodway of a flood of one-
16.30.010.--.16.30.030
hundred-year frequency as defined in Title 76,
Chapter 5, MCA.
D. Conditions. In granting variances, the city
commission may require such conditions as will, in
its judgement, secure the objectives of these
regulations.
E. Statement of Facts. When any variance from
these regulations is granted, the motion of approval
shall contain a statement describing the variance and
conditions upon which the issuance of the variance is
based.
P. Planned Unit Development. Where the stan-
dards and requirements of these regulations may be
modified by the city commission in the case of a
planned unit development, no application for a
variance shall be necessary. However, the procedure
for a variance shall be followed. (Ord. 1501 ~ 7,
1999: Ord. 1477 ~ 26, 1998: Ord. 1450 ~ 2 (part),
1998)
16.30.020 Amendments to subdivisions
regulations.
General. For the purpose of providing for the
public health, safety, and general welfare, the city
commission may amend the provisions of these
regulations.
Hearing. Amendments to these regulations shall
not become effective until after a review has been
held by the planning board, and the board has
forwarded a recommendation on the amendments to
the city commission. The city commission shall
consider the amendments at a public hearing. Legal
notice of such hearings shall be given in a newspaper
of general circulation in the county not less than fif-
teen days nor more than thirty days prior to the date
of hearings. (Ord. 1501 ~ 8, 1999: Ord. 1450 ~ 2
(part), 1998)
16.30.030 Administration.
A. Violation. Any person, firm, corporation, or
other entity who shall violate the provisions of these
regulations shall be guilty of a misdemeanor.
B. Penalties. Any violation of the provisions of
this title is an offense punishable by a fine of not less
than one hundred dollars nor more than five hundred
294-63
(Bozeman 11-01)
16.30.040---16.30.050
dollars, or imprisonment in jail for not more than
three months, or by both fine and imprisonment.
Each sale or transfer, or offer of sale or transfer, of
each separate parcel of land in violation of any
provision of these regulations shall be deemed a
separate and distinct offense. '
C. Enforcement. Every final plat must be filed for
record with the county clerk and recorder before title
to the subdivided land can be sold or transferred in
any manner or offered for sale or transfer.
If illegal transfers or offers of any manner are
made, the city or county attorney, as appropriate,
may commence action to enjoin further sales or
transfers or offers of sale or transfer and to compel
compliance with all provisions of these regulations,
the cost of such action being imposed against the
person or entity committing the illegal act.
D. Review Fee. Review fees shall be paid to the
planning office for each subdivision plat reviewed
according to the fee schedule approved by the ap-
propriate governing body under a separate document.
(Ord. 1450 ~ 2 (part), 1998)
16.30.040 Corrections, amendments, or
vacation of recorded final plats.
A. Correction of Errors. Correction of errors that,
in the opinion of the appropriate governing body, will
not materially alter the plat may be made by the
submission of a corrected final plat for the appropri-
ate governing body's approval. The plat may be filed
under the procedures for first minor subdivision
plats. The plat shall be entitled "Amended Plat of the
(name of subdivision) Subdivision," and the reason
for the correction shall be stated on the face of the
plat.
B. Material Alterations. Amendments that mate-
rially alter the final plat, or any portion thereof, shall
be made by the filing of an amended plat showing all
alterations. The amended plat shall be approved by
the appropriate governing body under the major or
minor subdivision procedure, as is appropriate. Prior
to such approval, the amended plat shall be reviewed
by the planning office. The appropriate governing
body may not approve an amendment which will
place the plat in nonconformance with the standards
(Bozeman 11-01)
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 is granted. 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.
C. Vacating Recorded Plats. Any plat prepared
and recorded as herein required may be vacated, in
whole or in part, as provided by Sections 7-5-2501,
7-14-2616(1) and (2), 7-14-26]7,7-14-4114(1) and
(2), and 7-14-4115, MCA. Upon vacation, the appro-
priate governing body, or the district court, as pro-
vided in Section 7-5-2502, MCA, shall determine to
which properties the title to the streets and alleys of
the vacated portions shall revert. The appropriate
governing body, or the district court, as provided in
Section 7-5-2502, shall take into consideration the
previous platting; the manner in which the right-of-
way was originally dedicated, granted, or conveyed;
the reasons stated in the petition requesting the
vacation; the parties requesting the vacation; and any
agreements between the adjacent property owners
regarding the use of the vacated area. The title to the
streets and alleys of the vacated portions may revert
to one or more of the owners of the properties within
the platted area adjacent to the vacated portions.
When any pole line, pipeline, or any other public or
private facility is located in a vacated street or alley
at the time of the reversion of the title to the vacated
street or alley, the owner of the public or private
utility facility has an easement over the vacated land
to continue the operation and maintenance of the
public or private utility facility. (Ord. 1450 ~ 2 (part),
1998)
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16.30.050 Inaccurate or incomplete
information.
The appropriate governing body may withdraw
approval of a preliminary plat if they determine that
information provided by the subdivider, and upon
which approval of the preliminary plat was based, is
inaccurate or incomplete.
A. Within thirty days following approval or
conditional approval of a preliminary plat, any per
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294-64
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son or agency which claims that information which
was provided by the subdivider is inaccurate or
incomplete may submit the information and proofto
the planning department.
B. The planning dePat1ment shall investigate the
claim, the accompanying information and proof, and
make a report to the appropriate governing body.
C. Within fifteen days after receipt of the infor-
mation, the planning department shall present the
report to the appropriate governing body at a regular
meeting of the appropriate governing body. Notice of
the meeting shall be given to the claimant and the
subdivider. At the meeting, the appropriate governing
body shall consider the information and proof. (Ord.
1450 ~ 2 (part), 1998)
16.30.060 Changes to conditions after
approval.
A. Upon written request of the subdivider, the
appropriate governing body may amend conditions of
preliminary plat approval where it can be found that
errors or changes beyond the control of the subdi-
vider have rendered a condition unnecessary, impos-
sible or illegal.
B. Procedure. The written request shall be sub-
mitted to the planning department.
1. A public hearing shall be scheduled before the
appropriate governing body, and notice of the
hearing given, in accordance with the provisions of
these regulations.
2. The appropriate governing body may approve
the requested change if it meets the criteria set forth
in these regulations, and shall issue written findings
offact, as required in these regulations. (Ord. 1450 ~
2 (part), 1998)
16.30.070 Additional conditions after
preliminary plat approval.
After the preliminary plat is approved, unless (1)
inaccurate or incomplete information is found; or
(2) a change to a condition has been requested by the
subdivider. The appropriate governing body may not
impose any additional conditions as a prerequisite to
final plat approval, providing said approval is
obtained within the original or extended approval
16.30.060-16.32.010
period as provided in these regulations. (Ord. 1477 ~
27, 1998: Ord. 1450 ~ 2 (part), 1998)
16.30.080 Waivers.
A. The appropriate governing body may grant
reasonable waivers from these regulations where it is
found that these regulations allow a waiver to be
requested and granted.
B. Procedure. The subdivider shall include with
the submission of the preliminary plat a written
statement describing the requested waiver and the
reasons upon which the request is based. The appro-
priate governing body shall then consider each waiv-
er at the time the preliminary plat is reviewed. (Ord.
1450 ~ 2 (part), 1998)
Sections:
16.32.010
16.32.020
16.32.030
16.32.040
16.32.050
16.32.060
16.32.070
16.32.080
16.32.090
16.32.100
16.32.110
16.32.120
Chapter 16.32
CERTIFICATES
General.
Dedication or consent.
Mortgagee.
Cash in lieu of park.
Surveyor.
Improvements.
Appropriate governing body.
Release of sanitary restrictions.
County treasurer.
Clerk and recorder.
Certification of use of
exemption claim.
Examining land surveyor.
16.32.010 General.
The following certificates shall be shown on plats
and certificates of survey, as appropriate. Other
certificates than those shown may be required by the
appropriate governing body, when deemed appropri-
ate. A corporate notary shall be used in place of an
individual notary, when appropriate. (Ord. 1450 ~ 2
(part), 1998)
294-65
(Bozeman 11-0 I)
16.32.020
16.32.020 Dedication or consent.
All plats of subdivisions must contain a certificate
of dedication or certificate of consent. In the case of
corporate ownership, the proper corporation offi-
ceres) must sign, a corporate notary form must be
used, and the corporate seal must be affixed. The
certificate shall read as follows:
A. Within the Corporate City Limits ofthe City.
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,
streets, and alleys, and other divisions and dedi-
cations, as shown by the plat hereunto included, the
following described tract of land, to wit:
Description
(Exterior Boundary Description of Area
Contained in Plat and Total Acreage)
The above-described tract of land is to be known
and designated as (name of subdivision), City of
Bozeman, 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 City of Bozeman for the public
use and enjoyment.
DA TED this _ day of
,~.
(Acknowledged and notarized signatures of
all record owners of platted property)
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, and other divisions and dedications, as shown
by this plat hereunto included, the following des-
cribed tract of land, to wit:
(Bozeman 11.01)
Description
(Exterior Boundary Description of Area
Contained in Plat and Total Acreage)
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The above described tract of land is to be known
and designated as (name of subdivision), City of
Bozeman, Gallatin County, Montana.
DATED this _day of
'-'
(Acknowledged and notarized signatures of
all record owners of platted property)
B. Within the Unincorporated Area.
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,
roads, and alleys, and other divisions and dedica-
tions, as shown by the plat hereunto included, the
following described tract ofland, to wit:
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Description
(Exterior Boundary Description of Area
Contained in Plat and Total Acreage)
The above-described tract of land is to be known
and designated as (name of subdivision), Gallatin
County, Montana; and the lands included in all roads,
avenues, alleys, and parks or public squares shown
on said plat are hereby granted and donated to the use
of the public forever. The roadways dedicated to the
public are accepted for public use, but the County
accepts no responsibility for maintaining the same.
The owner(s) agree(s) that the County has no ob-
ligation to maintain the roads hereby dedicated to
public use.
DATED this _ day of
(Acknowledged and notarized signatures of
all record owners of platted property)
294-66
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16.32.020
CERTIFICATE OF CONSENT
(I), (We), the undersigned property owner(s), do
hereby certify that (I) (We) caused to be surveyed,
subdivided and platted int,o lots, blocks, roads, and
alleys, and other divisions and dedications, as shown
by this plat hereunto included, the following
described tract of land, to wit:
Description
(Exterior Boundary Description of Area
Contained in Plat and Total Acreage)
The above described tract of land is to be known
and designated as (Name of Subdivision), Gallatin
County, Montana.
294-66a
(Bozeman 11-01)
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DATED this _ day of
'-'
(Acknowledged and notarized signatures of
all record owners of platted property.)
(Ord. 1450 ~ 2 (part), 1998)
16.32.030 Mortgagee.
In those cases where the area being platted or the
plat of subdivision is subject to any liens, mortgag-
es, claims, or other encumbrances by party(ies) or
other owner(s), the following certificate shall be
required:
A. Within the City Limits of the City.
CONSENT OF MORTGAGEE(S)
(I), (We), the undersigned mortgagee(s) or en-
cumbrancer(s), do hereby join in and consent to
the described plat, releasing (my) (our) respective
liens, claims or encumbrances as to any portion
of said lands now being platted into streets, ave-
nues, parks or other public uses which are dedi-
cated to the City of Bozeman for the public use
and enjoyment.
DATED this _ day of
(Acknowledged and notarized signature of
all encumbrancers of record).
B. Within the Unincorporated Area.
CONSENT OF MORTGAGEE(S)
(I), (We), the undersigned mortgagee(s) or en-
cumbrancer(s), do hereby join in and consent to
the described plat, releasing (my) (our) respective
liens, claims or encumbrances as to any portion
of said lands now being platted into roads, ave-
nues, parks or other public uses which are dedi-
cated to the use of the public forever.
16.32.030-16.32.050
DATED this _ day of
(Acknowledged and notarized signature of
all encumbrancers of record).
(Ord. 1450 ~ 2 (part), 1998)
16.32.040 Cash in lieu of park.
Where the park requirements are being waived in
lieu of cash, plats of subdivision shall show the
following certificate:
CERTIFICA TE ACCEPTING CASH-IN-
LIEU-OF PARK DEDICATION
In as much 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)(Board of County Commission-
ers, Gallatin County, Montana), that land dedica-
tion for park purposes be waived and that cash-
in~lieu, in the amount of dollars, be
accepted in accordance with the provisions of the
Montana Subdivision and Platting Act, Section
76-3-101 through 76-3-625, MeA, and the
Bozeman Area Subdivision Regulations.
DATED this
day of
(Signature)
(Chairman, Board of County Commissioners)
OR (City of Bozeman Director of Public Service)
(Ord. 1450 ~ 2 (part), 1998)
16.32.050 Surveyor.
All plats of subdivision shall contain a certificate
of surveyor which shall read as follows:
CERTIFICATE OF SURVEYOR
I, the undersigned, (Type or Print Name), Regis-
tered Land Surveyor, do hereby certify that be-
tween , and
294-67 (Bozeman 4-98)
16.32.060---16.32.070
, I surveyed (Name
of Subdivision), and platted the same as shown
on the accompanying plat and as described in
accordance with the provisions of the Montana
Subdivision and Platting Act, Section 76-3-101
through 76-3-625, MeA, and the Bozeman Area
Subdivision Regulations.
DATED this
day of
(Signature)
(Printed or Typed Name)
Registration No.
(Seal of Surveyor)
(Ord. 1450 ~ 2 (part), 1998)
16.32.060 Improvements.
Where improvements are to be installed prior to
fmal plat approval, the plat of subdivision shall
contain a certificate of completion of public im-
provements. The certificate shall read as follows
(Note: This certificate may be amended to indicate
which improvements are not completed, and are
thereby guaranteed by an Improvements Agree-
ment).
A. Within the City Limits of the City.
CERTIFICATE OF COMPLETION
OF IMPROVEMENTS
I (Name of Subdivider), and I (Name of
Subdivider's Registered Engineer), a registered
professional engineer licensed to practice in the
State of Montana, hereby certify that the follow-
ing improvements, required as a condition(s) of
approval of (Name of Subdivision), have been in-
stalled in confonnance with the approved plans
and specifications. (List the improvements actual-
Iv installed). The subdivider hereby warrants
against defects in these improvements for a peri-
od of one year from this date. The subdivider
grants possession of all public infrastructure
improvements to the City of Bozeman, and the
City hereby accepts possession of all public infra-
(Bozeman 4-98)
structure improvements, subject to the above
indicated warranty.
Signature of Subdivider
(Date)
Signature, Number. and Seal of Engineer
(Date)
Signature. Director of Public Service
(Date)
B. Within the Unincorporated Area.
CERTIFICATE OF COMPLETION OF
IMPROVEMENTS
I (Name of Subdivider), and I (Name of
Subdivider's Registered Engineer), a registered
professional engineer licensed to practice in the
State of Montana, hereby certify that the follow-
ing improvements, required as a condition(s) of
approval of (Name of Subdivision), have been in-
stalled in conformance with the approved plans
and specifications. (List the improvements actual-
ly installed). The subdivider hereby warrants
against defects in these improvements for a peri-
od of one year from this date.
Signature of Subdivider
(Date)
Signature, Number and Seal of Engineer
(Date)
(Ord. 1450 ~ 2 (part), 1998)
16.32.070 Appropriate governing body.
The appropriate governing body shall certify ap*
proval of the plat of subdivision. Said certificate
shall read as follows:
A. Within the City Limits of the City.
294-68
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CERTIFICA TE OF DIRECTOR OF
PUBLIC SERVICE
I, Director of Public Service, City of Bozeman,
Montana, do hereby certify that the accompany-
ing plat has been duly examined and has found
the same to conform to the law, approves it, and
hereby accepts the dedication to the City of
Bozeman for the public use of any and all lands
shown on the plat as being dedicated to such use.
DATED this
day of
Signature: Director of Public Service
B. Within the Unincorporated Area.
CERTIFICA TE OF COUNTY
COMMISSIONERS
I, the Chairman of the Board of County Commis-
sioners, Gallatin County, Montana, do hereby
certify that the accompanying plat has been duly
examined and has found the same to conform to
the law, approve it, and hereby accept the dedica-
tion to public use.
DATED this
day of
(Signature)
Chairman, Board of County Commissioners
C. Within the City Jurisdictional Zoning Area.
In addition to the certificate of county commission,
subsection B of this section, the following certificate
shall be provided on every subdivision plat within
the city's zoning jurisdictional area:
CERTIFICA TE OF DIRECTOR OF
PUBLIC SERVICE
I, Director of Public Service for the City of
Bozeman, Montana, do hereby certify that the ac-
companying plat has been duly examined as re-
quired in Section 7-3-4444, MeA, and that all
16.32.080-----16.32.090
streets and alleys are of a proper width and are
coterminous with adjoining streets and alleys, and
all other regulations are conformed with.
DATED this _ day of
,-'
(Signature), Director of Public Service
City of Bozeman, Montana
(Ord. 1450 ~ 2 (part), 1998)
16.32.080 Release of sanitary restrictions.
The following certificate shall be added to all
subdivision plats when the subdivision will be pro-
vided with municipal facilities for the supply of
water and disposal of sewage and solid waste:
RELEASE OF SANITARY
RESTRICTIONS
The (Name of Subdivision), Gallatin County,
Montana, is within the City of Bozeman, Mon-
tana Master Plan area, and can be provided with
municipal facilities for the supply of water and
disposal of sewage and solid waste. Therefore,
under the provisions of Section 76-4-124(1),
MeA, this subdivision is not subject to sanitary
restrictions.
DATED this _ day of
'-'
Signature, Director of Public Service
City of Bozeman, Montana
(Ord. 1450 ~ 2 (part), 1998)
16.32.090 County treasurer.
All final subdivision plats shall show the follow-
ing certificate of county treasurer:
CERTIFICA TE OF
COUNTY TREASURER
I, (Name of County Treasurer), Treasurer of
Gallatin County, Montana, do hereby certify that
294-69
(Bozeman 4.98)
16.32.100-16.32.120
the accompanying plat has been duly examined
and that all real property taxes and special assess-
ments assessed and levied on the land to be sub-
divided are paid.
DATED this
day of
Signature, Director of Public Service
City of Bozeman, Montana
(Ord. 1450 ~ 2 (part), 1998)
16.32.100 Clerk and recorder.
All plats shall show the following certificate of
clerk and recorder:
CERTIFlCA TE OF CLERK AND
RECORDER
I, (Name of Oerk and Recorder), Oerk and Re-
corder of Gallatin County, Montana, do hereby
certify that the foregoing instrument was filed in
my office at o'clock, (a.m. or p.m.), this
day of . and re-
corded in Book of Plats on Page
, Records of the Oerk and Record-
er, Gallatin County, Montana.
(Signature)
Clerk and Recorder
(Ord. 1450 ~ 2 (part), 1998)
16.32.110 Certification of use of exemption
claim.
The following certificates shall be provided in a
printed certificate on the amended plat or certificate
of survey for allowed exemptions:
A. Certificate of Governing Body.
CERTIFICATE OF GOVERNING BODY
I, (Director of Public Service for the City of
Bozeman) (Chainnan of the Board of County
Commissioners), do hereby certify that the ac-
(Bozeman 4-98)
companying (Certificate of Survey) (Amended
Plat) has been duly reviewed, and has been found
to confonn to the requirements of the Subdivision
and Platting Act, Section 76-3-101 et. seq., MCA,
and the Bozeman Area Subdivision Regulations.
DATED this _ day of
'-'
(Signature)
Title
B. Certificate of Exemption. Reference to ex-
emption from release of sanitary restrictions can also
be added to this certificate, as appropriate.
CERTIFICATE OF EXEMPTION
(I) (We) certify that the purpose of this survey is
to (state exemption), and therefore this survey is
exempt from review as a subdivision pursuant to
Section 76-3-207(1) (add appropriate sub-sec-
tion), MeA.
DATED this _ day of
'-'
(Acknowledged and notarized signatures of
all record owners of surveyed property)
(Ord. 1450 ~ 2 (part), 1998)
16.32.120 Examining land surveyor.
Where required, the following certificate shall be
added to all final subdivision plats:
CERTIFICATE OF EXAMINING LAND
SURVEYOR
I. (Name of Examining Land Survevor), Examin-
ing Land Surveyor for Gallatin County, Montana,
do hereby certify that I have examined the final
plat of (name of subdivision), and fmd that the
survey data shown thereon meet the conditions
set forth by or pursuant to Title 76, Chapter 3,
Part 4, MCA.
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DATED this _ day of
'-'
(Signature)
(Name of Surveyor)
Registration No. _
Gallatin County, Montana
(Ord. 1450 ~ 2 (part), 1998)
Chapter 16.34
SUPPLEMENTARY DOCUMENTS
Sections:
16.34.010
16.34.020
16.34.030
General.
Property owners' association.
Covenants.
16.34.010 General.
When required, the following documents shall be
submitted in draft form with the preliminary plat,
and signed and notarized with the [mal plat. (Ord.
1450 ~ 2 (part), 1998)
16.34.020 Property owners' association.
If common property is to be deeded to the prop-
erty owners' association or similar organization, the
covenants and restrictions set up to govern such an
association shall include as a minimum:
A. Membership. Automatic and mandatory mem-
bership for each property or unit buyer and any
subsequent buyer.
B. Perpetual Reservation. Perpetual reservation
and limited use of common property.
C. Right to Use. The right of each property or
unit owner to use and enjoyment of any common
property or facility.
D. Responsibility. Responsibility for liability
insurance, any applicable tax assessments and the
maintenance of any common property or facilities
to be placed in the association.
E. Assessments. Assessments which require each
property or unit owner to pay a pro rata share of the
cost of any common expenses, with any assessment
16.34.010-16.34.030
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. COrd. 1450 ~ 2 (part),
1998)
16.34.030 Covenants.
The appropriate governing body may require
covenants to be recorded with the [mal plat when it
is determined they are necessary for the protection
of the public health, safety and general welfare. The
covenants may be required to include, but are not
limited to, the following provisions:
A. That all county declared noxious weeds will
be controlled.
B. A section addressing agricultural uses of
neighboring properties in the following form:
Lot owners and residents of the subdivision are
informed that adjacent uses may be agricultural. Lot
owners accept and are aware that standard agricul-
tural and farming practices can result in dust, animal
odors and noise, smoke, flies, and machinery noise.
Standard agricultural practices feature the use of
heavy equipment, chemical sprays and the use of
machinery early in the morning and sometimes late
into the evening.
C. That all fences bordering agricultural lands
shall be maintained by the landowners in accordance
with state law.
D. The property owners' association shall be
responsible for the maintenance of subdivision roads
and parks.
E. That any covenant which is required as a
condition of the preliminary plat approval and re-
quired by the appropriate governing body may not
be amended or revoked without the mutual consent
of the owners in accordance with the amendment
procedures in the covenants, and the appropriate
governing body. (Ord. 1450 ~ 2 (part), 1998)
294-71
(Bozeman 4-98)
16.36.010
Chapter 16.36
UNIFORM STANDARDS FOR
MONUMENTATION AND FILING
REQUIREMENTS
Sections:
16.36.010
Uniform standards for
monumentation and filing
requirements.
16.36.010 Uniform standards for
monumentation and filing
requirements.
. The following standards shall govern monu-
mentation of land surveys:
A. All permanent control monuments or monu~
ments set to control or mark the boundaries of any
division shall be of not less than one-half inch di-
ameter by twenty-four inches in length with a cap
of not less than one and one-quarter inch diameter
marked in a permanent manner with the name
and/or registration number of the registered land
surveyor in charge of the survey. A cap of the
above dimensions may be set firmly in concrete.
B. Prior to the ftIing of any subdivision plat or
certificate of surveyor record the land surveyor
shall confirm the location of sufficient monuments
to reasonably assure the perpetuation or re-establish-
ment of any comer or boundary or retracement of
the survey. The surveyor shall clearly identify on
the face of the plat or certificate of survey all monu-
ments used in the survey, and the descriptions shall
be sufficient to identify the monuments without
reference to another record of survey.
C. All monuments must be set prior to the filing
of a plat or certificate of survey except those monu-
ments which will be disturbed by the installation of
improvements. Such monuments may be set subse-
quent to filing if the surveyor certifies that they will
be set before a specified date.
D. The plat or certificate shall clearly show the
relationship of all adjacent monuments of record and
the relationship of the monuments of record to mon-
uments set after ftling.
(Bozeman 4-98)
E. Monuments not less than three-eighths inch
in diameter and eighteen inches in length and
marked with the name and/or registration number of
the registered land surveyor in charge of the survey
shall be set at the following locations:
1. At each comer and angle point of all lots,
blocks or parcels of land created.
2. At every point of intersection of the outer
boundary of the subdivision with an existing or
created right-of-way line.
3. At every point of curve, point of tangency,
point of reversed curve, or point of compounded
curve on each right-of-way line established.
F. When the placement of a required monument
at its proper location is impractical, the surveyor
may set a reference monument near that point. Such
a reference monument has the same status as other
monuments of record if its location is properly
shown. Where any point requiring monumentation
has been previously monumented, the location of the
existing monument shall be confirmed by the land
surveyor if used, and if so confirmed shall likewise
be considered a monument or record when properly
shown and described on the certificate or plat filed.
G. If the land surveyor uses any previously
established monument, he must confirm the location
of the monument. If properly confirmed and shown
and described on the ftled certificate or plat, such
a monument shall be considered a monument of
record. (Ord. 1450 9 2 (part), 1998)
Chapter 16.38
GALLATIN COUNTY FIRE IMPACT FEE
REGULATION*
Sections:
16.38.010
16.38.020
16.38.030
16.38.040
16.38.050
Legislative findings.
Authority and applicability.
Intent.
Fire protection benefit areas.
Imposition of fire protection
impact fees.
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16.38.060
Computation of amount of fire
protection impact fee.
Payment of fire protection
impact fees.
Fire protection impact fee
funds.
Use of fire impact fee funds.
Waivers of fire protection
impact fees.
Refunds of fire protection
impact fees paid.
Credits against fire protection
impact fees.
Fee adjustment.
Miscellaneous provisions.
16.38.070
16.38.080
16.38.090
16.38.100
16.38.110
16.38.120
16.38.130
16.38.140
* Adopted August 27,1996
16.38.010 Legislative findings.
The commissioners of Gallatin County, Montana,
fmd that:
A. Fire protection services are currently being
provided to the citizens of the county by various
rural fire districts and fire service areas that received
administrative fees from the county to help fmance
such services and facilities.
B. The protection of the health, safety, and gen-
eral welfare of the citizens of the county requires
that fire protection facilities and equipment be ac-
quired and constructed to accommodate continuing
growth within the county.
C. All types of development for which specific
waivers have not been defined in this regulation will
create increased demands for fire protection facilities
and equipment.
D. The current system of fire impact fees is
inadequate to allow fourteen of the rural fire dis-
tricts and fire service areas to provide the fire pro-
tection facilities and equipment needed to serve new
development.
E. The adoption of a new fire protection impact
fee system would enable the county, at the request
of one or more of the fourteen rural fire districts and
fire service areas, to collect additional revenues for
such districts or areas for the purpose of acquiring
16.38.010
or constructing fire protection facilities and equip-
ment, and to impose a proportionate share of the
costs of required fire protection facilities and equip-
ment on those developments that create the need for
them.
F. The county road and fire impact fee study
prepared by James Duncan and Associates, dated
September 1995, sets forth a reasonable methodolo-
gy and analysis for determining the impacts of new
development on fire protection facilities and equip-
ment and for determining the cost of acquiring or
constructing the capital facilities and equipment
required to serve new development
G. The fire protection impact fees described in
this regulation are based on that county fire pro-
tection and fire impact fee study, and do not exceed
the costs of acquiring or constructing the fire protec-
tion facilities and equipment required to serve the
new developments that will pay the fire protection
impact fees.
H. The county fire protection and fire impact fee
study did not include the costs of providing a water
supply to fight fires in remote areas, and the fire
protection impact fees described in this regulation
do not cover such costs. Any obligation to provide
a water supply to fight fires imposed by a rural fire
district or fire service area is separate and distinct
from the obligation to pay the fees described in this
regulation.
I. The acquisition or construction of new fire
protection facilities and equipment by the fourteen
rural fire districts and fire service areas will provide
benefits to the landowners in the district or area
where the new facilities and equipment are located,
and it is therefore appropriate to create fourteen
different fire protection benefit areas for purposes
of collecting and spending fire protection impact
fees.
J. There is both a rational nexus and a rough
proportionality between the fire protection impacts
created by new development covered by this regu-
lation and the fire protection impact fee that such
development will be required to pay.
K. This regulation creates a system by which the
fire protection impact fees paid by different devel-
294-73
(Bozeman 4-98)
16.38.020-16.38.050
opments will be used to acquire or construct fire
protection facilities and equipment benefiting the
development that paid the fee within a reasonable
period of time after the fee is paid.
L. Section 76-3-510, MCA, authorizes the coun-
ty to require a subdivider to payor guarantee pay-
ment for part or all of the costs of extending capital
facilities related to public health and safety, includ-
ing but not limited to, public roads, sewer lines~
water supply lines, and stonn drains to a subdivi-
sion. Fire protection facilities and equipment relate
to the public health and safety. (Ord. 1450 ~ 2
(part), 1998)
16.38.020 Authority and applicability.
A. Authority for the adoption of this regulation
is found in the Montana Subdivision and Platting
Act, Sections 76-3-101 et. seq., MCA.
B. The provisions of this regulation shall apply
to all of the land within any rural fire district or fire
service area that:
1. Is listed in Table 1; and
2. Has executed an agreement with the county
in the fonn attached as Appendix 1, which is an
integral part of this regulation, but shall not apply
to any land located within the corporate limits of
any city or town in Gallatin County. (Ord. 1450 ~
2 (part), 1998)
16.38.030 Intent.
A. This regulation is adopted to help implement
the Gallatin County plan.
B. The intent of this regulation is to ensure that
new development beaTS a proportionate share of the
cost of fire protection improvements, to ensure that
such proportionate share does not exceed the cost of
fire protection improvements required to serve such
new developments, and to ensure that money col-
lected from such new developments are actually
used to acquire or construct fire protection im-
provements that benefit such new developments.
C. It is not the intent of this regulation to collect
any money from any new development in excess of
the actual amount necessary to offset new demands
(Bozeman 4-98)
for fire protection improvements created by that new
development.
D. It is not the intent of this regulation that any
moneys deposited in any impact fee fund created by
this regulation ever be commingled with moneys
from a different impact fee fund or ever be used for
a type of facility or equipment different from that
for which the fee was paid or located in a different
fire protection benefit area than that for which the
fee was paid, except in the case where two or more
of the eligible rural fire districts or fire service areas
have agreed to jointly acquire or construct improve-
ments or equipment that will benefit each of them
using moneys from each of their respective impact
fee funds and the disbursements from each impact
fee funds meet the requirements set forth in the
agreement between each such district or area and the
county.
E. As used in this regulation, the term "fire
protection improvements" means the planning, land
acquisition, engineering design, construction, con-
struction inspection, equipment purchases, and fi-
nancing costs associated with new or expanded
facilities, buildings, and equipment, that expand the
capacity of a fire protection facility or system and
that have an average useful life of at least ten years,
but not including maintenance, operations, or im-
provements that do not expand capacity. (Ord. 1450
~ 2 (part), 1998)
16.38.040 Fire protection benefit areas.
A. For purposes of this regulation, there shall be
fourteen fire protection benefit areas corresponding
to the boundaries of the fourteen rural fire districts
and fire service areas listed in Table 1.
E. No fire protection benefit area shall include
any area within the corporate limits of any city or
town in Gallatin County. (Ord. 1450 ~ 2 (part),
1998)
16.38.050 Imposition of fire protection
impact fees.
A. Any subdivider who obtains preliminary plat
approval of a subdivision of land within those fire
protection benefit areas listed in Table 1 after the
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effective date of this regulation shall pay a fire
protection impact fee in the amount specified in this
regulation prior to final plat approval.
B. The duty to pay the fire protection impact
fees described by this regulation shall be attached
as a condition to any preliminary plat approval of
a subdivision.
C. No final subdivision plat shall be approved
until the fire protection impact fee described in this
regulation has been paid, unless such fee has been
explicitly waived by Section 16.38.100 of this regu-
lation. (Ord. 1450 ~ 2 (part), 1998)
16.38.060 Computation of amount of fire
protection impact fee.
A. A subdivider required to pay a fire protection
impact fee may choose to have the county determine
the amount of such fee pursuant to either subdivi-
sion 1 or 2 of this subsection.
1. Unless a subdivider requests that the county
detennine the amount of such fee pursuant to sub-
section A of this section, the county shall determine
the amount of the fire protection impact fee by
applying a fixed fee of four hundred ninety-six
dollars per lot or parcel shown on the final plat of
the subdivision.
2. A subdivider may prepare and submit to the
county an independent fee calculation study pre-
pared by a qualified fire protection professional
and/or economist calculating the cost of fire protec-
tion improvements required to serve the proposed
development, that:
a. Is perfonned on an average cost (not marginal
cost) methodology;
b. Is specific to the rural fire district or fire
service area in which the land is located;
c. Uses the service units and unit construction
costs stated in the county road and fire impact fee
study; and
d. Is performed in compliance with any criteria
for such studies previously established by this regu-
lation or by the county. An average cost methodolo-
gy is one that calculates the average cost of new fire
facilities and equipment needed to serve each new
lot or parcel in new developments in a specific rural
16.38.060-16.38.080
fire district or fire service area over a future period
of at least ten years.
B. If the subdivider is applying for a resub-
division of an approved subdivision, or an amend-
ment to a final subdivision plat, for which a fire
protection impact fee has previously been paid, then
the fee shall be the net positive difference between
the fee applicable at the time of the current applica-
tion and any amount previously paid as an impact
fee for fire protection facilities or equipment. (Ord.
1450 ~ 2 (part), 1998)
16.38.070 Payment of fire protection impact
fees.
A. A subdivider required to pay a fire protection
impact fee shall pay such fee to the county prior to
fmal approval of any subdivision of land.
B. All moneys paid by a subdivider pursuant to
this regulation shall be identified as fire protection
impact fees and shall be promptly deposited in the
fire protection impact fee fund for the fire protection
benefit area or areas in which the subdivider's land
is located.
C. If the subdivider's land is not located entirely
within one of the fire protection benefit areas de-
fmed in Section 16.38.040 of this regulation, then
the fire protection impact fee due from the subdi-
vider shall be calculated separately for the portion
of subdivider's land in each benefit area, and each
separate portion of the fire protection impact fee
shall be deposited in the fire protection impact fee
fund for the fire protection benefit area in which
that portion of the land is located. (Ord. 1450 ~ 2
(part), 1998)
16.38.080 Fire protection impact fee funds.
A. A separate fire protection impact fee fund is
created for each of the fourteen fire protection bene-
fit areas listed in Table 1.
B. Each fire protection impact fee fund shall
contain only those fire protection impact fees col-
lected within the fire protection benefit area for
which such fund was created and any interest which
may accrue from time to time on such amounts.
294-75
(Bozeman 4-98)
16.38.090-16.38.100
C. Interest earned on moneys in any fire protec-
tion impact fee fund shall be considered part of such
fund, and shall be subject to the same restrictions on
use applicable to the fire protection impact fees
deposited in such fund.
D. The county's reasonable costs to calculate and
document fire protection impact fees, credits against
those fees, and refunds of those fees pursuant to this
regulation shall be considered as expenses of re-
viewing subdivision plats, and shall be included in
the county's fees for the review of such plats pursu-
ant to authority granted in Section 76-3-602, MeA.
(Ord. 1450 ~ 2 (part), 1998)
16.38.090 Use of tire impact fee funds.
A. The moneys in each fire protection impact fee
fund shall be made available to the rural fire district
or fire service area serving the fire protection benefit
area for which such fund was created, but only after
such district or area has signed a contract with the
county in the fonn attached as Appendix 1 to this
regulation, and then only:
1. To acquire or construct fire protection im-
provements within the fire protection benefit area
for which that fund was created; or
2. To pay debt service on any portion of any
future bond issue used to finance the acquisition or
construction of fire protection improvements to the
extent that such improvements expand the capacity
of a fire protection facility or system within the fire
protection benefit area for which such fund was
created; or
3. As described in Section 16.38.110 or
16.38.1200 of this regulation.
B. Moneys in each fire protection impact fee
fund shall be considered to be spent or encumbered
in the order collected, on a first-in/first-out basis.
C. No moneys from any fire protection impact
fee fund shall be spent for periodic or routine main-
tenance of any facility of any type or to cure defi-
ciencies in facilities existing on the effective date of
this regulation. (Ord. 1450 ~ 2 (part), 1998)
(Bozeman 4--98)
16.38.100 Waivers of fire protection impact
fees.
A. The county shall waive the fire protection
impact fee for any lot meeting all of the following
criteria.
1. The lot is developed with at least one dwell-
ing unit/structure.
2. The use of the lot will produce no greater
demand for fire protection than would have been
produced if such land had not been subdivided.
3. The lot is located within a fire district; and
4. The lot was not annexed to the fire district
after August 27, 1996. Such waiver shall be granted
prior to final approval of the subdivision. A request
for a waiver made after that approval shall be inval-
id.
B. Subdividers otherwise required by this regu-
lation to pay a fire protection impact fee may re-
quest a full or partial waiver of that requirement if
one of the following can be demonstrated.
1. A full waiver may be received if the subdi-
vider has provided a contribution towards the cost
of acquiring or constructing the capital facilities
and/or equipment required to serve the 10t(s), ex-
cluding the provision of a water supply to fight
fires, in an amount that equals or exceeds the fire
protection impact fee otherwise required by this
regulation; or
2. A partial waiver may be received if the subdi-
vider has provided a contribution towards the cost
of acquiring or constructing the capital facilities
and/or equipment required to serve the lot(s), ex-
cluding the provision of a water supply to fight
fires, in an amount that does not equal or exceed the
fire protection impact fee otherwise required by this
regulation.
Any such claim for waiver must be made no later
than the time when the subdivider applies for fmal
approval of the subdivision, and any request for a
waiver not made at or before such time shall be
invalid.
C. The county planning director shall determine
the validity, subject to an application for subdivision
review, of any waiver or claim for a waiver pursu-
ant to the criteria set forth in subsections A and B
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of this section. Pinal determination of validity shall
be made at final approval of the subdivision. (Ord.
1450 ~ 2 (part), 1998)
16.38.110 Refunds of fire protection impact
fees paid.
Any moneys in any fire protection impact fee
fund that have not been spent or encumbered within
ten years after the date on which such fee was paid
shall, upon application of the then current owner of
the land for which the fee was paid, be returned to
such owner with interest at the rate of ten percent
per year since the date of payment. In order to be
eligible to receive such refund, the then owner of
the land shall be required to submit an application
for such refund within six months after the expira-
tion of such ten-year period, or such claim shall be
waived. When the right to a refund exists due to a
failure to encumber or spend fees within such ten-
year period, the county shall provide written notice
of entitlement to a refund to current owner of the
land for which the fee was paid. The county shall
also publish such notice within thirty days after the
expiration of the ten-year period from the date the
fire protection impact fee was paid. The published
notice shall contain the heading "Notice of Entitle-
ment to an Impact Fee Refund." (Ord. 1450 ~ 2
(part), 1998)
16.38.120 Credits against fire protection
impact fees.
A. After the effective date of this regulation, all
mandatory or voluntary dedications of land for fire
stations, all mandatory or voluntary construction of
fire stations, and all mandatory or voluntary pur-
chases of fire trucks by a subdivider, shall result in
a pro rata credit against the fire protection impact
fees otherwise due for such development, except
that no such credit shall be awarded for:
1. Land dedications for, or construction or pur-
chase of, fire protection improvements that remain
under the control of the subdivider and serve only
the subdivider's property; or
16.38.110--16.38.120
2. Any voluntary right-of-way dedications not
accepted by the rural fire district or fire service area
in which such land is located; or
3. Any voluntary acquisition or construction of
fire stations or fire trucks not approved in writing
by the rural fire district or fire service area in which
such land is located prior to commencement of the
acquisition or construction; or
4. Any mandatory or voluntary dedication, con-
struction, or acquisition of a type of fire protection
improvement not included in the calculation of the
fire protection impact fees in the county road and
fire impact fee study. Credits shall not be granted
for the provision of a water supply to fight fires.
B. In order to obtain a credit against fire protec~
tion impact fees otherwise due, a subdivider must:
1. Submit a written agreement or offer to dedi-
cate specific parcels of land to the rural fire district
or fire service area in which the subdivider's project
is located, or to construct specific fire protection
improvements in accordance with all applicable state
or county design and construction standards; and
2. Obtain the written approval of the rural fire
district or fire service area serving the fire protection
benefit area or areas in which the land is located;
and
3. Specifically request a credit against such fire
protection impact fees. Such written agreement,
offer, or evidence must be made on a form provided
by the county, must contain a statement under oath
of the facts that qualify the subdivider to receive a
credit, must be accompanied by documents evidenc-
ing those facts, and must be filed not later than the
time when an application is made for final approval
of the first subdivision required for the development,
or the claim for the credit shall be invalid.
C. The credit due to a subdivider who submits
such a request shall be calculated by the county and
documented by the county as follows:
1. Credit for qualifying land dedications shall,
at the subdivider's option, be valued at:
a. One hundred percent of the most recent as+
sessed value for such land as shown in the records
of the county assessor; or
294-77
(Bozeman 4-98)
16.38.120
b. That fair market value established by a pri-
vate appraiser acceptable to the county in an ap-
praisal paid for by the subdivider.
2. In order to receive credit for acquisition or
construction of fire stations or fire trucks, the subdi-
vider shall submit acceptable engineering drawings,
specifications, construction cost estimates, or pur-
chase price estimates to the county. The county shall
determine the amount of credit due based on the
information submitted, or, if it determines that such
information is inaccurate or unreliable, then on
alternative engineering or construction costs accept-
able to the county.
D. Approved credits shall become effective at
the following times:
1. Approved credits for qualifying land dedica-
tions shall become effective when the applicable
rural fire district or fire service area confirms that
the land has been conveyed to it or that acceptable
arrangements have been made for the future convey-
ance of such land. When such conditions have been
met, the county shall note that fact in its records.
Upon request of the subdivider, the county shall
send the subdivider a letter stating the number of
credits available to the subdivider.
2. Approved credits for the acquisition or con-
struction of fire protection improvements shall gen-
erally become effective when the applicable rural
fire district or fire service area confirms that all
required construction has been completed and ac-
cepted or that acceptable arrangements have been
made for future construction or acquisition. When
such conditions have been met, the county shall note
that fact in its records. Upon request of the subdi-
vider, the county shall send the subdivider a letter
stating the number of credits available to the subdi-
vider.
E. Approved credits may be used to reduce the
amount of fire protection impact fees otherwise due
from any subdivider within the same fire protection
benefit area for which the credit was approved, until
the amount of the credit is exhausted. Each time a
request to use credits from a mandatory or voluntary
dedication, acquisition, or construction is presented
to the county, the county shall reduce the amount of
(Boz.cman 4-98)
the fire protection impact fee otherwise due from the
subdivider, and shall note in the county records the
amount of credit remaining, if any. Upon request of
the subdivider, the county shall send the subdivider
a letter stating the number of credits available to the
subdivider.
F. Approved credits shall only be used to reduce
the amount of fire protection impact fees otherwise
due under this regulation within the fire protection
benefit area for which the credit was approved, and
shall not be paid to the subdivider in cash or in
credits against any impact fees for any other type of
facility or service or against fire protection impact
fees for any other fire benefit area or against any
other moneys due to the county, except as described
in subsection G of this section. Credits may be
limited to use in areas that can be served by the
land, fire station, or fire trucks whose dedication,
purchase, or construction gave rise to the credit.
G. If the amount of approved credits exceeds the
amount of fire protection impact fees otherwise due
under this regulation, the subdivider may request in
writing that the county provide for reimbursement
of any excess credits to the subdivider in cash in-
stead of transferable credits. Such written request
must be filed not later than the time when an appli-
cation is made for final approval of the first subdivi-
sion required for the development, or the claim for
the credit shall be invalid. Upon receipt of such
written request, those credits described in subsection
C of this section shall not be issued, and the county
may, at its discretion, arrange for the reimbursement
of such excess credits from the fire protection im-
pact fee fund or funds for the fire protection benefit
area or areas in which the subdivider's land is locat-
ed from fees paid by others.
H. Credits may be transferred from one owner
to another by any written instrument clearly identi-
fying the certificate or certificates issued under
subsection C of this section that are to be trans-
ferred; provided, that such instrument is signed by
both the transferor and transferee and that the docu-
ment is delivered to the county for registration of
the change in ownership. (Ord. 1450 ~ 2 (part),
1998)
294-78
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16.38.130 Fee adjustment.
A. The fire protection impact fee stated in Section
16.38.060 of this regulation shall be adjusted annually
to reflect the effects of inflation on those costs for fire
protection improvements set forth in the county road
and fire impact fee study. Beginning on January 1,
1998 and on January 1 st of each following year unless
and until the fee in Section 16.38.060 is revised or
replaced by action of the county commissioners, the
fee amount in Section 16.38.060 shall be adjusted by
multiplying such amount by a fraction, the numerator
of which is the U.S. Consumer Price Index for all
Urban Consumers for Allltems as published by the
U.S. Department of Labor, Bureau of Labor Statistics,
for the area for the most recent period for which
figures are available, and the denominator of which is
the Consumer Price Index for All Items for the same
area for the period one year prior to the period
reflected in the numerator. Such adjustments in the
amount of such fee shall become effective immedi-
ately upon calculation by the county, and shall not
require additional action by the county commissioners
to be effective.
B. The fire protection impact fees described in this
regulation and the administrative procedures of this
regulation shall be reviewed at least once every three
fiscal years to ensure that:
I. The cost assumptions underlying such fees are
still valid;
2. The resulting fees do not exceed the actual cost
of acquiring land for fire protection improvements
and/or acquiring or constructing fire protection
improvements required to serve new development;
3. The moneys collected or to be collected in the
fire protection impact fee funds have been and/or are
expected to be spent for fire protection improvements;
and
4. Such fire protection improvements will benefit
those lots and parcels for which the fees were paid.
C. If a fire protection impact fee has been calcu-
lated and paid based on a mistake or misrepresenta-
tion, it shall be recalculated.
I. Any amounts overpaid by a subdivider shall be
refunded by the county to the subdivider within thirty
16.39.130--16.39.140
days after the county's acceptance of the recalculated
amount, with interest at the rate often percent per year
since the date of such overpayment.
2. Any amounts underpaid by the subdivider shall
be paid to the county within thirty days after the
county's acceptance of the recalculated amount, with
interest at the rate of ten percent per year since the date
of such underpayment.
a. In the case of underpayment, the county shall
not issue any additional permits or approvals for the
project for which the fire protection impact fee was
previously paid until such underpayment is corrected,
and if amounts owed to the county are not paid within
such thirty-day period, the county may also repeal any
permits or approvals issued in reliance on the previous
payment of such fire protection impact fees and refund
such fees to the then current owner ofthe land. (Ord.
1450 ~ 2 (part), 1998)
16.38.140 Miscellaneous provisions.
A. Nothing in this regulation shall restrict the
county from requiring a subdivider to construct
reasonable project improvements required to serve the
subdivider's project, whether or not such im-
provements are of a type for which credits are avail-
able under Section 16.38.120.
B. Knowingly furnishing false information to any
official ofthe county charged with the administration
of this regulation on any matter relating to the
administration of this regulation, including without
limitation, the furnishing of false information
regarding the expected size of a proposed subdivision
or expected fire hazards related to a proposed
subdivision, shall be a violation of this regulation.
C. If any portion of this regulation is detennined
to be invalid, unenforceable, or unconstitutional for
any reason by any court of competent jurisdiction, that
portion shall be treated as an independent provision of
this regulation, and such determination shall not affect
the validity, enforceability, or constitutionality of any
other portion of this regulation.
D. The section titles used in this regulation are for
convenience only, and shall not affect the inter
294-79
(Bozeman 11-0 I )
16.39.010
pretation of any portion ofthe text of this regulation.
E. The county shall keep a copy of the county
road and fire impact fee study, prepared by James
Duncan and Associates dated September 1995, on
file in the offices of the county planning department,
and shall maintain accurate records of the fire pro-
tection impact fees paid, including the name of the
person paying such fees, the project for which the
fees were paid, the date of payment of each fee, the
amounts received for each fee, the fIre protection
benefit area for which the fee was paid, and any other
matters that the county deems appropriate or
necessary to the accurate accounting of such fees,
and such records shall be available for review by the
public during county business hours.
F. This regulation shall become effective on
August 27, 1996. (Ord. 1450 ~ 2 (part), 1998)
Table 1
FIRE PROTECTION BENEFIT AREAS
Benefit Area
I
2
3
4
5
6
7
8
9
10
11
12
13
14
Rural Fire District or
Fire Service Area
Amsterdam RFD 165
BelRl"ade RFD 105
Bridger Canyon RFD 110
Clarkston FSA
Fort Ellis FSA
Gallatin Canvon RFD 115
Gallatin Gateway RFD 120
Manhattan RFD 125
Rae FSA
Reese Creek FSA
Sourdough RFD 155
Sprin2hill FSA
Storm Castle RFD
Three Forks RFD 145
(Bozeman 11-0 I)
Chapter 16.39
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GALLATIN COUNTY ROAD IMPACT FEE
REGULATION
Sections:
16.39.010
16.39.020
16.39.030
16.39.040
16.39.050
Legislative findings.
Authority and applicability.
Intent.
Imposition of road impact fees.
Computation of amount of road
impact fee.
Payment of road impact fees.
Road impact fee fund.
Use of funds.
Waivers of road impact fees.
Refunds of road impact fees paid.
Credits against road impact fees.
Miscellaneous provisions.
16.39.060
16.39.070
16.39.080
16.39.090
16.39.100
16.39.110
16.39.120
16.39.010 Legislative findings.
The commissioners of Gallatin County, Montana,
find that:
A. The protection of the health, safety and
general welfare of the citizens of the county requires
that the road system of the county be expanded and
improved to accommodate continuing growth within
the county.
B. All types of new development for which
specific waivers have not been defined in this
regulation will generate traffic that will require
expansions and improvements to the county major
road system.
C. The creation of an equitable road impact fee
system would enable the county to impose a
proportionate share of the costs of required road
expansion and improvements on those developments
that create the need for them.
D. That county road and fire impact fee study,
prepared by James Duncan and Associates dated
September 1995, sets forth a reasonable methodology
and analysis for determining the impacts of new
development on the county's major road system and
for determining the cost of acquiring or constructing
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294-80
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those road expansions and improvements required to
serve new development.
E. The county hereby adopts the assumptions,
levels of service and capital improvement plans
related to roads and reference in the county road and
fire impact fee study as part of its current plans for
the county's major road system.
F. The road impact fee described in this
regulation is based on that county road and fire
impact study and does not exceed the costs of
acquiring additional rights-of-way and acquiring or
constructing those road expansions and improve-
ments required to serve the new developments that
will pay the road impact fee.
G. All of the road expansions and improvements
listed in the county road and fire impact study will
benefit all new development in the county and it is,
therefore, appropriate to treat all of the
unincorporated areas of the county as a single benefit
area for purposes of calculating, collecting and
spending the road impact fees.
H. There is both a rational nexus and a rough
proportionality between the traffic impacts created by
new development covered by this regulation and the
road impact fee that such development will be
required to pay.
I. This regulation creates a system by which the
road impact fees paid by different developments will
be used to provide road improvements benefiting the
development that paid the fee within a reasonable
period oftime after the fee is paid.
J. Section 76-3-501, MCA, authorizes the county
to require a subdivider to payor guarantee payment
for part or all of the costs of extending capital
facilities related to public health and safety including,
but not limited to, public roads, sewer lines, water
supply lines and storm drains to a subdivision. (Ord.
1477 ~ 28 (part), 1998)
16.39.020 Authority and applicability.
A. Authority for the adoption ofthis regulation is
found in the Montana Subdivision and Platting Act,
Sections 76-3-101, et seq., MeA.
B. The provisions ofthis regulation shall apply to
all of the land within Gallatin County, but shall not
16.39.020-16.39.040
apply to any land located within the corporate limits
of any city or town in Gallatin County. (Ord. 1477 ~
28 (part), 1998)
16.39.030 Intent.
A. This regulation is adopted to help implement
the Gallatin County plan and any future updates to or
replacement of that plan.
B. The intent of this regulation is to ensure that
new development bears a proportionate share of the
cost of road improvements, to ensure that such
proportionate share does not exceed the cost of road
improvements required to serve such new
developments, and to ensure that funds collected
from such new developments are actually used to
construct road improvements that benefit such new
developments.
C. It is not the intent of this regulation to collect
any money from any new development in excess of
the actual amount necessary to offset new demands
for road improvements created by that new
development.
D. It is not the intent of this regulation that any
monies deposited in the impact fee fund created by
this regulation ever be commingled with monies from
a different impact fee fund or ever be used for a type
of facility or equipment different from that for which
the fee was paid.
E. As used in this regulation, the term "road
improvements" means the planning, land acquisition,
engineering design, construction, construction
inspection, equipment purchases and financing costs
associated with new or expanded facilities or
equipment, that expand the capacity of the county's
major road system and that have an average useful
life of at least ten years, but not including
maintenance, operation or improvements that do not
expand capacity. (Ord. 1477 ~ 28 (part), 1998)
16.39.040 Imposition of road impact fees.
A. A subdivider who submits a complete
application for preliminary plat approval after the
effective date of this regulation shall pay a road
impact fee in the amount specified in this regulation
294-81
(Bouman 11.0 I)
16.39.050
prior to final plat approval. The effective date of
this regulation is May 1, 1997.
B. The duty to pay such road impact fee shall be
attached as a condition to any preliminary plat
approval of a subdivision. (Ord. 1477 ~ 28 (part),
1998) ,
16.39.050 Computation ofamouot of road im-
pact fee.
A. A subdivider required to pay a road impact fee
may choose to have the county detennine the amount
of such fee pursuant to either subsection B or C of
this section.
B. Unless the subdivider requests that the county
determine the amount of such fee pursuant to
subsection C of this section, the county shall
determine the amount of the road impact fee by
applying a fixed fee of one thousand five hundred
and ninety-six dollars per lot or parcel shown on the
final map of the subdivision or on the zoning permit
application. Such fee amount includes credits for
expected future receipts offederal highway funds and
expected future receipts of gas tax revenues applied
to the road improvements required to serve new
development.
C. A subdivider may prepare and submit to the
county an independent fee calculation study for the
proposed development prepared by qualified
professional traffic engineers and/or economists.
Any such study must: (i) use the service units and
unit construction costs stated in the county road and
fire impact fee study; (ii) be perfonned in compliance
with any criteria for such studies previously
established by this regulation or by the county; (iii)
show the traffic engineering and economic
methodologies and assumptions used including, but
not limited to, those forms of documentation listed in
subsections 1 and 2 of this section; and (iv) be
acceptable to the county pursuant to subsection 3 of
this section.
1. Traffic engineering studies must include
documentation of trip generation rates, trip lengths,
any percentage of trips from the site that represent
net additions to current trips from the site, the
percentage of trips that are new trips as opposed to
(Bozeman 11-01)
pass-by or divert-link trips and any other trip data for
the proposed land use.
2. Economic studies must include documentation
of any special factors that the subdivider believes
will reduce the traffic volumes otherwise attributable
to the development.
3. The county shall consider all such
documentation and any independent fee calculation
submitted by the subdivider, but shall not be required
to accept any such study or documentation reason-
ably deemed to be inaccurate or unreliable, and may
request that the subdivider submit additional or
different documentation for consideration. Any inde-
pendent fee calculation study submitted by a sub-
divider may be accepted, rejected or accepted with
modifications by the county as the basis for cal-
culating road impact fees.
4. Upon acceptance or acceptance with
modifications of an independent fee calculation study
and documentation, the county shall use the
following formula to determine the fee:
e
New Lane Miles = [(One Way Average Daily Trips x
Primary Trip Factor x Average Trip
Length) / (390 Vehicles per Day
per Land)]
(390 is the weighted average of
current use rates per land for paved
and gravel roads from county road
and fire impact fee study)
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Cost = New Lane Miles x $55,300
($55,300 is the weighted average of
cost per lane mile of paved and
gravel roads from county road and
fire impact fee study)
Street Impact Fee = Cost x .617 (representing
the same 38.3% credit for
expected state and federal
highway funding and gas tax
revenues used to calculate
the fee in Section
16.39.060(B)
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Where:
"One way average daily trips"
means one-half ofthe average daily
trip ends on a weekday;
"Primary trip factor" means that
percentage of average daily trips to
or from the development that are
primary trips, as opposed to pass-by
or divert-link trips; and
"Average trip length" means the
average distance per trip traveled on
public roads in the county.
D. If the subdivider is applying for a
resubdivision of an approved subdivision or an
amendment to a final subdivision plat for which a
road impact fee has previously been paid, then the
fee shall be the net positive difference between the
fee applicable at the time of the current application
for subdivision approval or amendment and any
amount previously paid as an impact fee for road
facilities. (Ord. 1477 ~ 28 (part), 1998)
16.39.060 Payment of road impact fees.
A. A subdivider required to pay a road impact fee
shall pay such fee to the county prior to the final
approval of any subdivision of land or enter into an
improvements agreement and provide security for
said agreement pursuant to Gallatin County Sub-
division Regulation Section 8.B.I.g., improvements
agreements.
B. All monies paid by a subdivider pursuant to
this regulation shall be identified as TOad impact fees
and shall be promptly deposited in the road impact
fee fund as described in Section 16.39.070. (Ord.
1477 ~ 28 (part), 1998)
16.39.070 Road impact fee fund.
A. A road impact fee fund is created for the
county.
B. The road impact fee fund shall contain only
those road impact fees collected pursuant to this
regulation and any interest which may accrue from
time to time on such amounts.
C. Interest earned on monies in the road impact
fee fund shall be considered part of such fund and
16.39 .06Q-..----.16.39 .090
shall be subject to the same restnctIons on use
applicable to the road impact fees deposited in such
fund.
D. The county's reasonable costs to calculate and
document road impact fees, credits against those fees,
and refunds on those fees pursuant to this regulation
shall be considered as expenses of reviewing
subdivision plats, and shall be included in the
county's fees for the review of such plats pursuant to
authority granted in Section 76-3-602, MCA. (Ord.
1477 ~ 28 (part), 1998)
16.39.080 Use of funds.
A. The monies in the TOad impact fee fund shall
be used only:
1. To acquire land for and/or acquire or construct
any road improvements, including planning, land
acquisition, engineering design, construction,
construction inspection, equipment purchases and
financing costs associated with new or expanded
facilities or equipment within the county; or
2. To pay debt service on any portion of any
future bond issue used to finance road improvements
to the extent that such improvements expand the
capacity ofthe county's major road system; or
3. As described in Section 16.39.100 or Section
16.39.IIOH.
B. Monies in the road impact fee fund shall be
considered to be spent or encumbered in the order
collected, on a first-in/first-out basis.
C. No monies from the road impact fee fund shall
be spent for periodic or routine maintenance of any
facility of any type or to cure deficiencies in facilities
existing on the effective date of this regulation. (Ord.
1477 ~ 28 (part), 1998)
16.39.090 Waivers of road impact fees.
A. The county shall waiver the road impact fee
for any lot meeting the existing use or the agriculture
covenant criteria.
1. Existing Use.
a. The lot is developed with at least one dwelling
unit/structure.
294-83
(Bozeman II"()I)
16.39.100-16.39.110
b. The use of the lot will produce no greater
demand on road impacts than would have been
produced if such land had not been subdivided.
2. Agriculture Covenant.
a. A covenant has been placed on the lot that the
lot will be used exclusively for ag'ricultural purposes,
no building or structure requiring water or sewer
facilities shall be utilized on the lot.
b. The covenant runs with the land and is
revocable only by mutual consent of the county
commission and the property owner through the
subdivision process.
c. The impact fee in place at the time of the
revocation shall be paid.
Such waiver shall be granted prior to final
approval of the subdivision. A request for a waiver
made after the approval shall be invalid.
B. Subdividers otherwise required by this
regulation to pay a road impact fee may request a full
or partial waiver of that requirement if one of the
following can be demonstrated:
1. A full waiver may be received if the
subdivider has provided a contribution toward the
cost of acquiring or constructing the capital facilities
and/or equipment required to serve the lot(s) in an
amount that equals or exceeds the road impact fee
otherwise required by this regulation.
2. A partial waiver may be received if the
subdivider has provided a contribution toward the
cost of acquiring or constructing the capital facilities.
Any such claim for waiver must be made no later
than the time when the subdivider applies for final
approval of the subdivision, and any request for a
waiver not made at or before such time shall be
invalid.
C. The county planning director, after consulting
with the county road and bridge department, shall
determine validity, subject to an application for
subdivision review, or any waiver or claims for a
waiver pursuant to the criteria set forth in subsection
A or B of this section. Final determination of
validity shall be made at final approval of
subdivision. (Ord. 1477 S 28 (part), 1998)
(Bozeman 11-0 I)
16.39.100 Refunds of road impact
fees paid.
Any monies in the road impact fee fund that have
not been spent or encumbered within ten years after
the date on which such fee was paid shall, upon
application of the then current owner of the land for
which the fee was paid, be returned to such owner
with interest at the rate of ten percent per annum
since the date of payment. In order to be eligible to
receive such refund, the then owner ofthe land shall
be required to submit an application for such refund
within six months after the expiration of such ten
year period, or such claim shall be waived. When the
right to a refund exists due to a failure to encumber
or spend fees within such ten year period, the county
shall provide written notice of entitlement to a refund
to current owner of the land for which the fee was
paid. The county shall also publish such notice
within thirty days after the expiration of the ten year
period from the date the road impact fee was paid.
The published notice shall contain the heading
"Notice of Entitlement to an Impact Fee Refund."
(Ord. 1477 ~ 28 (part), 1998)
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16.39.110 Credits against road
impact fees.
A. After the effective date of this regulation, all
mandatory or voluntary right-of-way dedications for
road improvements by a subdivider, and all
mandatory or voluntary acquisition or construction of
road improvements by a subdivider, and all payments
to any approved rural improvement area for road
improvements, shall result in a pro rata credit against
the road impact fees otherwise due for such
development, except that no such credit shall be
awarded for:
1. Land dedications for, or construction of, site-
related improvements as defined in subsection B of
this section;
2_ Any voluntary right-of-way dedications not
accepted by the county;
3. Any voluntary acquisition or construction of
road improvements not approved in writing by the
county prior to commencement of the acquisition or
construction; or
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4. Any mandatory or voluntary dedication,
construction or acquisition of a type of road
improvement not included in the calculation of the
road impact fee in the county road and fIre impact fee
study.
B. For purposes of tHis regulation, site-related
improvements include all:
1. Access roads leading to the proposed
development;
2. Driveways and roads within the development;
3. Acceleration, deceleration, right or left turn
lanes leading to any road and driveway within the
development; and
4. Traffic control devices for roads and
driveways within the development.
C. In order to obtain a credit against road impact
fees otherwise due, a subdivider must:
1. Submit a written agreement or offer to
dedicate to the county specific parcels of land, or to
construct specific road improvements in accordance
with all applicable state or county design and
construction standards; or
2. Submit written evidence of the payment of
fees for road improvements to an approved rural
improvement district; and
3. Must specifically request a credit against such
road impact fees.
Such written agreement, offer or evidence must be
made on a form provided by the county, must contain
a statement under oath of the facts that qualify the
subdivider to receive a credit, must be accompanied
by documents evidencing those facts, and must be
filed not later than the time when a subdivider applies
for final approval of the first subdivision required for
the development, or the claim for the credit shall be
invalid.
D. The credit due to the subdivider who submits
such a request shall be calculated by the county and
documented by the county as follows:
1. Credit for qualifying right-of-way dedications
shall, at the subdivider's option, be valued at (a) one
hundred percent of the most recent assessed value for
such land as shown in the records of the county
assessor; or (b) that fair market value established by a
16.39.110
private appraiser acceptable to the county in an
appraisal paid for by the subdivider.
2. In order to receive credit for acquisition or
construction of road improvements, the subdivider
shall submit acceptable engineering drawings,
specifications and construction cost estimates to the
county. The county shall determine the amount of
credit due based on the information submitted or, ifit
determines that such information is inaccurate or
unreliable, then on alternative engineering or
construction costs acceptable to the county.
3. Credit for payments to an approved rural
improvement area for road improvements shall be
valued at the full amount of such payments.
E. Approved credits shall become effective at the
following times:
1. Approved credits for dedications of rights-of-
way shall become effective when the right-of-way
has been conveyed to the county in a form acceptable
to the county and at no cost to the county and has
been accepted by the county commissioners. When
such conditions have been met, the county shall note
that fact in its records. Upon request of the
subdivider, the county shall send the subdivider a
letter stating the number of credits available to the
subdivider.
2. Approved credits for the construction of road
improvements shall generally become effective when
(a) all required construction has been completed and
has been accepted by the county; and (b) a suitable
maintenance and warranty bond has been received
and approved by the county; and (c) all design,
construction, inspection, testing, bonding and
acceptance procedures have been completed in
compliance with all applicable county and state
procedures. However, approved credits for the
construction of road improvements may become
effective at an earlier date if the subdivider posts
security in the form of a performance bond,
irrevocable letter of credit, or escrow agreement and
the amount and terms of such security are accepted
by the county. At a minimum, such security must be
in the amount of the approved credit or an amount
determined to be adequate to allow the county to
construct the improvements for which the credit was
294-85
(Bouman 11-01)
16.39.120
given, whichever is higher. When such conditions
have been met, the county shall note that fact in its
records. Upon request of the subdivider, the county
shall send the subdivider a letter stating the number
of credits available to the subdivider.
3. Credits for payments to 'an approved rural
improvement area for road improvements shall be
effective immediately upon review and approval of
the evidence of such payment submitted by the
subdivider. When such conditions have been met,
the county shall note that fact in its records. Upon
request of the subdivider, the county shall send the
subdivider a letter stating the number of credits
available to the subdivider.
F. Approved credits may be used to reduce the
amount of road impact fees otherwise due under this
regulation, until the amount of the credit is
exhausted. Each time a request to use credits from a
mandatory or voluntary dedication, acquisition or
construction is presented to the county, the county
shall reduce the amount of the road impact fee
otherwise due from the subdivider, and shall note in
the county records the amount of credit remaining, if
any. Upon request of the subdivider, the county shall
send the subdivider a letter stating the number of
credits available to the subdivider.
G. Approved credits shall only be used to reduce
the amount of road impact fees otherwise due under
this regulation, and shall not be paid to the subdivider
in cash or in credits against any other impact fees for
a different type of facility or service or against any
other monies due to the county, except as described
in subsection H of this section of this regulation.
H. If the amount of approved credits exceeds the
amount of road impact fees otherwise due under this
regulation, the subdivider may request in writing that
the county provide for reimbursement of any excess
credits to the subdivider in cash instead of
transferable credits. Such written request must be
filed not later than the time when an application is
made for final approval of the first subdivision
required for the development, or the claim for the
credit shall be invalid. Upon receipt of such written
request, those credits described in subsection D of
(Bozeman 11-01)
this section shall not be issued, and the county may,
at its discretion:
1. Arrange for the reimbursement of such excess
credits from the TOad impact fee fund from fees paid
by others; or
2. Arrange for reimbursement of such excess
credits through the issuance of a promissory note
payable in not more than ten years and bearing
interest equal to the interest rate paid by the county
for its long-term debt.
I. Credits may be transferred from one owner to
another by any written instrument clearly identifying
the credits issued under subsection D of this section
that are to be transferred, provided that such
instrument is signed by both the transferor and
transferee and that the document is delivered to the
county for registration of the change in ownership.
(Ord. 1477 ~ 28 (part), 1998)
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16.39.120 Miscellaneous provisions.
A. Nothing in this regulation shall restrict the
county from requiring a subdivider to construct
reasonable project improvements required to serve
the subdivider's project, whether or not such
improvements are of a type for which credits are
available under Section 16.39.110.
B. At least once during each fiscal year of the
county, the county planning director shall present to
the county commissioners a proposed capital
improvement program for the county major road
system, and such capital improvement program shall
assign monies from the road impact fee fund to
specific projects for the expansion or improvement of
the county major road system and related expenses.
Any monies, including any accrued interest, not
assigned to specific projects within such capital
improvements program or not expended pursuant to
Section 16.39.100 or 16.39.110Hofthischaptershall
be retained in the road impact fee fund until the next
fiscal year.
C. The road impact fee stated in Section
16.39.050B ofthis chapter shall be adjusted annually
to reflect the effects of inflation on those costs for
road improvements set forth in the county road and
fire impact fee study. Beginning on January 1, 1999,
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and on January 1 of each following year unless and
until the fee in Section 16.39.050B is revised or
replaced by action of the county commissioners, the
fee amount in Section 16.39.050B shall be adjusted
by multiplying such amount by a fraction, the
numerator of which is the U.S. Consumer Price Index
for All Urban Consumers for All Items published by
the U.S. Department of Labor, Bureau of Labor
Statistics, for the area for the most recent period for
which figures are available, and the denominator of
which is the Consumer Price Index for all items for
the same area for the period one year prior to the
period reflected in the numerator. Such adjustments
in the amount of such fee shall become effective
immediately upon calculation by the county, and
shall not require additional action by the county
commissioners to be effective.
D. The road impact fees described in this
regulation and the administrative procedures of this
regulation shall be reviewed at least once every three
fiscal years to ensure that:
I. The traffic and cost assumptions underlying
such fees are still valid;
2. The resulting fees do not exceed the actual
cost of acquiring land for road improvements and/or
acquiring or constructing road improvements re-
quired to serve new development;
3. The monies collected or to be collected in the
TOad impact fee fund have been and/or are expected
to be spent for road improvements; and
4. Such road improvements wilJ benefit those
developments for which the fees were paid.
E. If a road impact fee has been calculated and
paid based on a mistake or misrepresentation, it shall
be recalculated. Any amounts overpaid by a
subdivider shall be refunded by the county to the
subdivider within thirty days after the county's
acceptance of the recalculated amount, with interest
at the rate of ten percent per annum since the date of
such overpayment. Any amounts underpaid by the
subdivider shall be paid to the county within thirty
days after the county's acceptance ofthe recalculated
amount, with interest at the rate of ten percent per
annum since the date of such underpayment. In the
16.39.120
case of an underpayment, the county shall not issue
any additional permits or approvals for the project for
which the road impact fee was previously paid until
such underpayment is corrected, and if amounts
owed to the county are not paid within such thirty
day period, the county may also repeal any permits or
approvals issued in reliance on the previous payment
of such road impact fees and refund such fees to the
then current owner of the land.
F. In order to promote the economic develop-
ment of the county and the provision of affordable
housing in the county, the county commissioners
may agree to pay some or all of the road impact fees
imposed on one or more subdivided lots or parcels
from other funds of the county that are not restricted
to other uses. Any such decision to pay road impact
fees on behalf of a subdivider shall be at the
discretion of the county commissioners and shall be
made pursuant to goals and objectives previously
adopted by the county commissioners to promote
economic development and/or affordable housing.
G. Knowingly furnishing false information to any
official of the county charged with the administration
of this regulation on any matter relating to the
administration of this regulation, including without
limitation the furnishing of false information
regarding the expected size of a proposed subdivision
or expected traffic impacts from a proposed
subdivision, shall be a violation of this regulation.
H. If any portion of this regulation is determined
to be invalid, unenforceable or unconstitutional for
any reason by any court of competent jurisdiction,
that portion shall be treated as an independent
provision of this regulation, and such determination
shall not affect the validity, enforceability, or
constitutionality of any other provision of this
regulation.
L The section titles used in this regulation are
for convenience only, and shall not affect the
interpretations of any portion of the text of this
regulation.
J. The county shall keep a copy of the county
road and fire impact fee study prepared by James
Duncan and Associates dated September 1995 on file
294-87
(Bozeman 11-01)
16.39.120
in the offices of the county planning department, and
shall maintain accurate records of the road impact
fees paid, including the name of the person paying
such fees, the project for which the fees were paid,
the date of payment of each fee, the amounts
received for each fee, and any other matters that the
county deems appropriate or necessary to the
accurate accounting of such fees, and such records
shall be available for review by the public during
county business hours.
K. The regulation codified in this chapter shall
become effective on May 1, 1997. (Ord. 14779 28
(part), 1998)
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(Bozeman 11-01)
294-88
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(03:A 1I3531JJ
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