HomeMy WebLinkAboutOrdinance 2030 lengthening plan review deadlines from UDC - 09-12-2019
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ORDINANCE NO. 2030
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING ARTICLE 38 OF THE BOZEMAN MUNICIPAL CODE TO
INCREASE TIME PERIODS FOR PLAN REVIEW AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, State law provides statutory deadlines for review of subdivision applications,
and the Unified Development Code, Article 38 of the Bozeman Municipal Code (“UDC”)
incorporates these deadlines; and
WHEREAS, section 7-21-1003, MCA requires the City to establish deadlines for review
of non-subdivision development applications, but does not prescribe the number of days; and
WHEREAS, the City has adopted a five-day plan review deadline for acceptability, a
fifteen-day deadline for adequacy of applications, and a ten-day deadline for final decisions; and
WHEREAS, the ability of the Department of Community Development to perform
development review and long-range planning has long been negatively affected by the City’s
inability to fill open positions for Planners; and
WHEREAS, the Department of Community Development has been unable to comply with
the time limitations established in the UDC for plan review and approval; and
WHEREAS, it is in the interests of the City and public welfare to establish time periods
for non-subdivision development review which provide for reasonable certainty, stability, and
Ordinance xxxx, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review
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fairness in the land development process with the resources the City has available to perform the
review.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That section 38.230.090 of the Bozeman Municipal Code be amended as follows:
Sec. 38.230.090. – Plan review procedures.
. . .
D. Step 3: Review of applications. Acceptability and adequacy of application.
1. The community development department must review the application for acceptability
within five ten working days to determine if the application omits any of the submittal
elements required by this chapter. If the application does not contain all of the required
elements, the application, an a written explanation of what the application is missing
must be returned to the property oowner or their representative. The five ten working day
review period will be considered met if written explanation is provided as a signed and
dated letter placed in the outgoing mail or as electronic communication (such as an email)
within the five-ten day review period.
2. After the application is deemed to contain the required elements and to be acceptable, it
must be reviewed for adequacy. A determination of adequacy means the application
contains all of the required elements in sufficient detail and accuracy to enable the review
authority to make a determination that the application either does or does not conform to
the requiremetns of this chapter and any other applicable rgulations under the jurisdiction
of the city. The adequacy review period begins on the next working day after the date
that the community development department determines the application to contain all the
required elements and must be completed within not more than 15 30 working days. The
15 45 working day review period will be considered met if the letter is dated, signed and
placed in the outgoing mail within the 15 30 working day review period. If the
application is inadequate, a written explanation of why the application is inadequate will
be provided to the property owner.
a. In the event the missing information is not received by the city within 15 30
working days of notification to the property owner and applicant of inadequacy,
application materials except file records will be returned to the property owner or
their representative, unless a longer period s agreed etween city and applicant.
Ordinance xxxx, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review
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Subsequent resubmittal requires payment of a review fee as if it were a new
application.
b. A determination that an application is adequate does not restrict the city from
requesting additional information during the site plan review process.
. . .
E. Plans must be reviewed by the review bodies established by division 38.210 of this chapter
and accoding to the procedures established by this chapter. After review of the applicable
submittal materials required by division 38.220 of this chapter, and upon recommendation
by the appropriate advisory bodies, the review authority must act to approve, approve with
conditions or deny the application, subject to the appeal provisions of division 38.250 of this
chapter. The basis for the review authority’s action must be whether the application,
including any required conditions, complies with all the applicable standards and
requiements of this chapter, including section 38.100.050.
1. Plan. The review authority must provide an opportunity for the public to comment upon
development proposal. The duration of the initial comment period must be as required by
division 38.220 of this chapter and included in any notice required by division 38.270 of
this chapter.
a. The review authority after receiving the recommendations of the advisory
bodies and considering any public comment must act to approve, approve
with conditions or deny an application within ten 20 working days of the
close of the public comment period. The decision must be in writing and
must include any special conditions which are to be applied to the
development.
. . .
Section 2
That section 38.230.110 of the Bozeman Municipal Code be amended as follows:
Sec. 38.230.110. – Conditional Use Permit.
. . .
H. The applicant must be notified in writing of the final action taken within seven working days of the action. If the conditional use permit has been granted the notification must include any conditions, automatic termination date, period of review or other requirements. If the
Ordinance xxxx, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review
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conditional use permit has been granted, the permit will be issued upon the signature of the
community development director after completion of all conditionsand final plan.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall be codified as indicated in Section 1-2.
Section 7
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Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___th day of ___________, 2019.
____________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST:
____________________________________ ROBIN CROUGH City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2019. The effective date of this ordinance is ______________, 2019.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
ROBIN CROUGH City Clerk
Ordinance xxxx, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review
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APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney