HomeMy WebLinkAbout10-28-19 City Commission Packet Materials - A1. Res 5076, Amending Policies for AnnexationPage 1 of 5
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrea Surratt, City Manager
SUBJECT: Adoption of Resolution 5076 Amending Policies for Annexation
by Petition of a Landowner and Discussion of the draft Extension
of Services Plan for City Initiated Annexations
MEETING DATE: October 28, 2019
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Resolution 5076 and discuss the elements of the draft
Extension of Services Plan that will accompany any future City initiated annexations.
RECOMMENDED MOTIONS:
1. I move to adopt resolution 5076.
2. I move to direct the City Manager to bring back the Extension of Services Plan for
Commission adoption this coming winter.
If the Commission determines to modify the proposed draft plan, I request the Commission by
motion direct me to make such changes and bring the Extension of Services Plan back to the City
Commission for adoption.
Tonight’s agenda has two items. The first is adoption of adjustments to City policies for
annexation of properties resulting from a landowner’s petition. Second, based on the City
Commission’s adopted Strategic Plan, I, along with the staff, have been developing
recommendations for policies if the City were to initiate annexation of properties - primarily
those that are wholly surrounded by the City. This item does not annex any property nor does
it begin formal annexation proceedings for any property. After adoption of an Extension of
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Services Plan the City Commission will consider whether to begin annexation of properties that
are wholly surrounded by the City.
STRATEGIC PLAN:
Section 4 of the City’s Strategic Plan calls for a Well Planned City stating, “4.3 Strategic
Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new
infrastructure.” To implement goal, the Strategic Plan Section 4.3(e) then calls for the City
to “Investigate the development of new annexation policies to address long term tax fairness for
public services, locations of infrastructure, and locations for future infill and growth.”
Both topics in this agenda item implement the Strategic Plan.
Before discussing the development of policies for City initiated annexations, I discuss
adjustments to existing City policies for landowner initiated annexations that are presented to
you in Resolution 5076.
RESOLUTION 5076:
The City has had policies governing annexation of land for decades. Based on the discussion
with the Commission at a work session on April 22, 2019, we are bringing to the Commission
the opportunity to adopt adjustments to existing policies regarding annexation upon a petition by
a landowner. Minutes from the April 22, 2019 meeting are located here. At that meeting, the
Commission did not make a motion. On April 22, 2019, we presented the Commission with a
draft resolution that included adjustments to existing policies for landowner petitioned
annexation and included potentially new policies for City initiated annexations. I decided after
much consideration over the summer in consultation with staff to recommend the Commission
separate discussion of policies regarding landowner petitioned annexation from possible new
policies that will apply to City initiated annexations. As such, Resolution 5076 only includes
adjustments to policies related to landowner initiated annexations.
The significant distinctions between the current annexation policies (Resolution 4400) (see
attached) and the proposed annexation policies (Resolution 5076) are as follows:
1. Use of active voice where possible for more clear statements of purpose.
2. Goals have been added to make the annexation policies consistent with recent
Commission direction, specifically goals 5-8 were added.
3. Policy revisions include the following changes:
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• Policy 1 – added additional subject matter for required easements at time of
annexation. This is important as development speed and intensity increases to have
these in place as soon as possible.
• Policy 2 – removed language which restates procedures established elsewhere and
clarified timing of addressing any growth policy amendment required.
• Policy 9 – establish importance of annexation and correlation with sanitary sewer
plan by requiring use of correct drainage basin for future development. Elevate
consideration of emergency service adequacy.
• Policy 10 – addresses emergency needs, e.g. failed septic system, by providing a
consistent procedure. The state law required annexation process can easily take six
months to complete which can be a substantial difficulty for landowners without
adequate sanitation on-site. This policy authorizes the City Manager to enter into an
agreement with a landowner subject to submission of a signed petition for
Commission approval. Also, this policy requires a person seeking connection to City
sanitary sewer to also connect to City water where feasible as determined by City
staff. Factors to consider include the location of City water in relation to the parcel
requesting connection.
• Policy 11 – provides relief for mapping requirement when the requirement is not
needed to properly identify the annexation area. This can be a substantial cost savings
for smaller annexations.
• Policy 13 – removes language that is redundant to the zone map amendment
requirements in 38.260 and 38.220, BMC.
• Policy 16 – added this provision to address what happens when areas in a road
improvement district are annexed. We are just beginning to reach into areas where
these exist.
• Policy 17 – establishes formal points of contact for coordination with non-City
agencies affected by an annexation.
• Policy 18 – establishes a formal policy and timing for transition of annexing
properties from on-site to municipal water and sewer systems. Previously, this was
done on a case by case basis. This will provide greater consistency.
DRAFT EXTENSION OF SERVICES PLAN FOR CITY INITIATED ANNEXATION:
Throughout Bozeman’s history, there have been moments of significant change. We are
currently experiencing one of those moments: the transition from a small city to a regional city
with state-wide and national significance. We see it every day in terms of new companies
starting up, increasing enrollment at Montana State University, housing availability and
affordability issues, and increased traffic. The City of Bozeman as a provider of essential
services to residents and businesses recognizes this moment of transition. To ensure Bozeman
maintains a high quality of life as we grow, as noted above, the City Commission adopted a
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Strategic Plan with a component addressing the City’s initiation of annexation. Resolution 4852
adopting Bozeman’s Strategic Plan includes annexation within Section 4.3e, Annexation of
Islands and Critical Adjacent Lands. That section specifically states that the city shall
“investigate the development of new annexation policies to address long term tax fairness for
public services, locations of infrastructure, and locations for future infill and growth.”
The City’s historic approach to providing services, particularly domestic water and wastewater
treatment, in combination with rural development that once was on the edge of the City has
resulted in a significant number of parcels, considered islands of unincorporated area, located
fully within the City’s exterior boundaries. The result is that roads built and paid for by City
residents are next to unannexed lands. Residents of unannexed lands use parks constructed by
private developers and maintained solely by city residents. Fire and law enforcement services
provided by the City are more responsive because they are simply closer. City water and
wastewater services may be the only solution if a property owner decides to redevelop or if a
septic system fails.
Given this significant time of transition, a change in how the City addresses this burden is
necessary. Simply put, the historic approach of annexing land only upon landowner request will
no longer address the fiscal and infrastructure needs of our community.
The proposed DRAFT Extension of Services Plan takes the approach to City initiated annexation
that first areas under consideration will be analyzed for the adequacy of their existing services. If
the City determines existing services, such as wells for domestic water and septic systems for
wastewater treatment are adequate, the City will allow those services to continue at annexation.
These services must be upgraded at the time of redevelopment or when the systems fail. Under
this Plan, if the City determines existing services are inadequate and that annexation is required,
the City must determine whether and if so to what extent it will participate in assisting
landowners in the financing of infrastructure improvements. The general policy, as proposed,
however, is that the City will not expend city taxpayer funds or ratepayer funds to extend water,
sewer or make street improvements at the time of annexation. The policies included in the draft
Plan implement this proposed approach.
It is in the best interest of the City to consider City initiated annexation as the first of several
steps that will identify service improvements that may need to be made over a longer timeframe.
Some of those improvements will be generated by the needs of the property owner whose
services ultimately fail, such as a septic system, and who then must pay for the connection to
City services. Improvements may also be triggered by a landowner seeking development
approval. Some improvements may be funded through requirements established by the City
Commission, such as to require property owners to install sidewalks in areas of town that
currently lack that infrastructure. Another possible way that infrastructure improvements could
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come about is that the City could identify an area for future road improvements or other
infrastructure, and those costs could be covered in part or in full by a scheduled Capital
Improvement Plan. Any number of options exist within this Extension of Services Plan to
accomplish the long-term goals of the Strategic Plan, which are focused upon tax fairness,
protecting the environment, and efficient service delivery.
If the Commission determines to move forward with the Strategic Plan item and should the
Commission decide to initiate annexation of any parcel, the draft Extension of Services Plan
requires the City to develop an area plan as an addendum to the plan. This is explained in greater
detail in the draft Plan.
Additional details on the proposed Extension of Services Plan will be discussed during our
presentation on the 28th.
UNRESOLVED ISSUES: None at this time. During our meeting on the 28th we can discuss
next steps and the timing for moving this Strategic Plan item forward.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: The revised annexation policies for landowner initiated annexations and
the draft Extension of Services Plan, if adopted, will generate additional work for staff, including
the costs to prepare areas for annexation, public notice requirements and other costs associated
with bringing areas into the corporate limits of Bozeman. Taxes and other fees or assessments
associated with city initiated annexation will be identified at a later time on a case by case basis.
Attachments:
Resolution 4400
Resolution 5076
DRAFT Extension of Services Plan
279
Co.t .
COMMISSION RESOLUTION NO. 4400
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, REVISING AND RE-ESTABLISHING GOALS AND POLICIES FOR
ANNEXATION OF PROPERTIES TO THE CITY OF BOZEMAN, AND
SUPERSEDING COMMISSION RESOLUTION NO. 3907.
WHEREAS,the City of Bozeman wishes to establish updated comprehensive annexation goals and
policies,to provide for orderly, well-planned growth, and
WHEREAS, adoption of such goals and policies will provide our community with clear guidelines
for informed annexation proposals and
WHEREAS,the City establishes these goals and policies in accordance with annexation statutes as
set forth in Title 7, Chapter 2, Parts 43, 45, 46 and 47, M.C.A.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
Section 1
Goals
The following goals are hereby established for the consideration of annexations to the City of
Bozeman.
1. It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
2. The City shall seek to annex all areas that are totally surrounded by the City,without
regard to parcel size.
3. The City shall seek to annex all property currently contracting with the City for City
services such as water, sanitary sewer and/or fire protection..
4. It shall be the goal of the City of Bozeman to require annexation of all land proposed
for development lying within the service boundary of the existing sewer system as
depicted in the Bozeman Growth Policy, and to encourage annexations within the
urban growth area identified in the Bozeman Growth Policy.
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Resolution No. 4400, Goals and Policies for Annexation
Section 2
Policies
The following policies are hereby established for the consideration of all future annexations to the
City of Bozeman.
1. Annexations shall include dedication of all easements,rights-of-way for collector and
arterial streets, water rights and waivers of right to protest against the creation of
improvement districts necessary to provide the essential services for future
development of the city.
2. Issues pertaining to master planning and zoning shall be addressed in conjunctionwith
the application for annexation.
a.The initial application for annexation shall be in conformance with the current
Bozeman Growth Policy, If a Growth Policy Amendment is necessary to
accommodate anticipated uses, said amendment process may be initiated by the
applicant and conducted concurrently with the processing of the application for
annexation.
b.Initial zoning classification ofthe property to be annexed shall be determined by the
City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission,prior to final annexation approval.
C.The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
3. Fees for Annexation procedures shall be established by the City Commission.No fee
will be charged for any City-initiated annexation.
4. It shall be the general policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property.
5. Prior to annexation ofproperty,it shall be the policy ofthe City of Bozeman to acquire
adequate and usable-water rights, or an appropriate fee in lieu thereof, in accordance
with Section 38.23.180 ofthe municipal code, equal to the avefage annual&vefsien
requirement neeessai=y te pr-evide he arAieipated Epiefage af.-iffial eenstmVtieii efv elef
by fesideiAs aftd/ef tiser-s ef the pr-eperty when fully develeped en the basis of the
zoning designation(s). The -&-ee may be iised to aequire water- r-i&s af fe
4s te the water systeffi whieh would er-eate additiena4 walef stipp
eapaeib,, This peliey may be &ubjeet to the fellewing
exeepti
a.Fer-afty aiine Eatieii in eNeess eften(10)aer-es,it shall be eaffied efft pfier-to final plat
appreval, final site plan appreva4 or- 4te issiianee of any Wildiiig pefmit, whieheve
eeetffs first provided applieai4 exeetites a premissei-y Rote er- other- appr-epi:iale
doeument aeeeptable to the Givy.
b. Fef aRy annexatien or portien thereof proposed fi)r use as a ehweh as that tefm
defined in the Bozeman zoning or-dinanee, the R 1, ResiderAial Single 14ouseheld,
Low sDensityDistr-iet shall be used ift plaee of the pfepefty zening designation fe
ealeulating the water requirement. if!he use ehmges 4em a ehweh at aft),fifne in the
2 of 4
281
Resolution No. 4400, Goals and Policies for Annexation
9...
the time of the ehange, the ewtier- ar- its sueeesser- shall supply any additional wa4
rights or fee whieh fnigh4 be"e,based en the aetual .a
the eh
6. Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health, safety and welfare of the public. If it is found that adequate
services cannot be provided to ensure public health, safety and welfare,it shall be the
general policy of the City to require the applicant to provide a written plan for
accommodation of these services, or not approve the annexation. Additionally,
annexation proposals that would use up infrastructure capacity already reserved for
properties lying either within undeveloped portions of the City limits or lying outside
the City limits but within identified sewer or water service area boundaries, shall
generally not be approved.
7.It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services are
currently being contracted.
8. The annexation application shall be accompanied by mapping to meetthe requirements
of the Director of Public Service.
9. It shall be the policy of the City of Bozeman to assess a systern development/impact
fee in accordance with-Chaptef 3.24Chapter_2,Article 6 Division '9, Bozeman
Municipal Code, and accordance with the Bozeman Growth Policy and other policies
as they are developed.
10. Public notice requirements shall be in compliance with Montana Code Annotated. In
addition, notice shall be posted in at least one conspicuous location on the site in
question,and mailed to all owners ofreal property ofrecord within 200 feet ofthe site
in question using last declared county real estate tax records, not more than forty-five
days nor less than fifteen days prior to the scheduled action to approve or deny the
annexation by the City Commission, specifying the date,time and place the annexation
will be considered by the City Commission. The notice shall contain the materials
required by Section 18.76.0-20. 38.40.020.A & B.1, BMC.Ina d• e ,-a
annexed,
nefiee shall provide a map of the area in question so as to indieate its general leeation
11. Annexation agreements shall be executed and returned to the City within 60 days of
distribution of the annexation agreement, unless another tirne period is specifically
identified by the City Commission.
12. When possible, the use of Part 46 annexations is preferred.
3 of 4
282
Resolution.No. 4400, Goals and Policies for Annexation.
PASSED AND APPROVED by the City Commission ofthe City of Bozeman, Montana, at a regular
session thereof held on the l 01" day of September 2012, The effective date of this Resolution shall be
October 13 2012.
SEAN A. BECKER
Mayor
ATTEST:
ewm
CmC
City Jerk
M
APPROVED AS TO FORM:
SULLIVAN
City Attorney
4 of
283
RESOLUTION 5076
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, REVISING AND RE-ESTABLISHING GOALS AND POLICIES FOR
LANDOWNER INITIATED ANNEXATION OF PROPERTIES TO THE CITY OF
BOZEMAN, AND SUPERSEDING RESOLUTION 4400.
WHEREAS, the City of Bozeman wishes to establish updated comprehensive annexation
goals and policies for landowner initiated annexations to provide for orderly, well-planned growth
of the City; and
WHEREAS, adoption of such goals and policies will provide our community with clear
guidelines for informed annexation proposals; and
WHEREAS, the City establishes these goals and policies in accordance with annexation
statutes as set forth in Title 7, Chapter 2, Parts 43, 45, 46 and 47, MCA.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
The following goals are hereby established for the consideration of annexations to the City
of Bozeman.
1. The City of Bozeman encourages annexations of land contiguous to the City.
2. The City encourages all areas that are totally surrounded by the City to annex.
3. The City encourages all properties currently contracting with the City for City services such
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Resolution 5076, Revising and Re-Establishing Goals and Policies for Landowner Initiated Annexation of Properties to the City of Bozeman
as water, sanitary sewer, and/or fire protection to annex.
4. The City of Bozeman requires annexation of all land proposed for development lying within
the existing and planned service area of the municipal water and sewer systems as depicted in their
respective facility plans, any land proposed for development that proposes to utilize municipal
water or sewer systems.
5. The City encourages annexations within the urban area identified on the future land use map
in the current Bozeman Growth Policy.
6. The City of Bozeman encourages annexations to make the City boundaries more regular
rather than creating irregular extensions which leave unannexed gaps between annexed areas or
islands of annexed or unannexed land.
7. The City of Bozeman encourages annexations which will enhance the existing traffic
circulation system or provide for circulation systems that do not exist at the present time.
8. The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow
annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs,
fire access, maintenance of public facilities, etc., justify a smaller annexation.
9. The City seeks to obtain water rights adequate for future development of the property with
annexation.
Section 2
The City establishes the following policies for the consideration of all future landowner initiated
annexations to the City of Bozeman.
1. Annexations must include dedication of all easements for rights-of-way for collector and
arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and
Class I public trails not within the right of way for arterial or collector streets. Annexations must
also include waivers of right to protest the creation of special or improvement districts necessary
to provide the essential services for future development of the City.
2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction
with the application for annexation.
3. The application for annexation must be in conformance with the current Bozeman Growth
Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the
amendment process must be initiated by the property owner and completed prior to any action
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Resolution 5076, Revising and Re-Establishing Goals and Policies for Landowner Initiated Annexation of Properties to the City of Bozeman
for approval of the application for annexation.
4. Initial zoning classification of the property to be annexed will be determined by the City
Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the
City Zoning Commission, simultaneously with review of the annexation petition.
5. The applicant must indicate their preferred zoning classification as part of the annexation
petition.
6. Fees for annexation processing will be established by the City Commission.
7. It is the policy of the City that annexations will not be approved where unpaved county roads
will be the most commonly used route to gain access to the property unless the landowner proposes
a method to provide for construction of the road to the City’s street standards.
8. Prior to annexation of property, the City will require the property owner to acquire adequate
and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section
38.410.130 of the municipal code, as amended.
9. Infrastructure and emergency services for an area proposed for annexation will be reviewed
for the health, safety and welfare of the public and conformance with the City’s adopted facility
plans. If the City determines adequate services cannot be provided to ensure public health, safety
and welfare, the City may require the property owner to provide a written plan for accommodation
of these services, or the City may reject the petition for annexation. Additionally, the parcel to be
annexed may only be provided sanitary sewer service via the applicable drainage basin defined in
the City Wastewater Collection Facilities Plan.
10. The City may require annexation of any contiguous property for which city services are
requested or for which city services are currently being provided. In addition, any person, firm, or
corporation receiving water or sewer service outside of the City limits is required as a condition of
initiating or continuing such service, to consent to annexation of the property serviced by the City.
The City Manager may enter into an agreement with a property owner for connection to the City’s
sanitary sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin
County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must
require the property owner to annex or consent to disconnection of the services. Connection for
purposes of obtaining City sewer services in an emergency requires, when feasible as determined
by the City, the connection to City water services.
11. The annexation application shall be accompanied by mapping to meet the requirements
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Resolution 5076, Revising and Re-Establishing Goals and Policies for Landowner Initiated Annexation of Properties to the City of Bozeman
of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a
certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping
may be waived by the Director of Public Works.
12. The City will assess system development/ impact fees in accordance with Montana law
and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
13. Public notice requirements: Notice for annexation of property must be coordinated with
the required notice for the zone map amendment required with all annexation. The zone map
amendment notice must contain the materials required by 38.220.410, BMC.
14. Annexation agreements must be executed and returned to the City within 60 days of
distribution of the annexation agreement by the City, unless another time is specifically identified
by the City Commission.
15. When possible, the use of Part 46 annexations is preferred.
16. Where a road improvement district has been created, the annexation does not repeal the
creation of the district. The City will not assume operations of the district until the entirety of the
district has been annexed. Any funds held in trust for the district will be used to benefit the district
after transfer to the City. Inclusion within a district does not lessen the obligation to participate in
general city programs that address the same subject.
17. The City will notify the Gallatin County Planning Department and Fire District providing
service to the area of applications for annexation.
18. The City will require connection to and use of all City services upon development of
annexed properties. The City may establish a fixed time frame for connection to municipal utilities.
Upon development, unless otherwise approved by the City, septic systems must be properly
abandoned and the development connected to the City sanitary sewer system. Upon development,
unless otherwise approved by the City, water wells on the subject property may be used for
irrigation, but any potable uses must be supplied from the City water distribution system and any
wells disconnected from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Section 3
This Resolution once adopted supersedes Resolution 4400 adopted by the City Commission on September 10, 2012.
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Resolution 5076, Revising and Re-Establishing Goals and Policies for Landowner Initiated Annexation of Properties to the City of Bozeman
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the ____th day of October, 2019.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
________________________________________ ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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CITY OF BOZEMAN
EXTENSION OF SERVICES PLAN AND REPORT
FOR CITY INITIATED ANNEXATIONS
DRAFT: October 28, 2019
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DRAFT City of Bozeman Extension of Services Plan and Report VERSION: October 28, 2019
Page 1 of 29
City of Bozeman Extension of Services Plan and Report
for City Initiated Annexations
TABLE OF CONTENTS
INTRODUCTION 2
STATUTORY REQUIREMENTS 3
RELATIONSHIP TO THE BOZEMAN GROWTH POLICY 3
AND CITY FACILITY PLANS
MUNICIPAL PLANNING AREA 4
Economic Conditions and Trends 4
Physical Growth Trends 4
Impediments to Growth 5
Growth Stimulants 6
Prevailing Growth Patterns 7
EXTENSION OF CITY SERVICES 10
Streets 11
Street Maintenance 13
Sanitary Sewer 13
Storm Water Management 15
Water 16
Solid Waste Management 17
Fire Protection 17
Law Enforcement 18
Parks and Recreation 19
Other City Services 20
POLICIES FOR CITY-INITIATED ANNEXATION OF LAND 21
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DRAFT City of Bozeman Extension of Services Plan and Report VERSION: October 28, 2019
Page 2 of 29
INTRODUCTION
This Extension of Services Plan and Report (the “Plan”) is the guiding plan and report for the
provision of City of Bozeman services in circumstances where the City initiates annexation.
The Plan serves the following objectives:
• Meet Montana statutory requirements for the extension of services plan and report for
the annexation of lands into the City;
• Provide policies for the extension of municipal services when the City initiates
annexation of land including identifying methods of financing and extending municipal
services and the party or parties responsible therefore; and
• Provide a framework, in concert with the City’s adopted Strategic Plan, and other plans
of the City including, among others, the City of Bozeman’s Growth Policy (Community
Plan), the Wastewater Collection Facilities Plan, the Water Facility Plan, the Integrated
Water Resources Plan, the Greater Bozeman Area Transportation Master Plan, the Parks,
Recreation, and Open space Plan, the City’s Stormwater Facilities Plan, and its Fire and
EMS plans, as well as the City’s Economic Development Plan.
This Plan incorporates all currently adopted and any future adopted City plans for City
infrastructure and services.
In addition, this Plan provides a general description of the procedures and requirements for City
initiated annexation of properties. As the City moves to annex specific parcels or groups of
parcels at the time of such annexation the City must adopt an area plan as an addendum to this
Plan addressing the specifics of how annexed parcels will be provided services.
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DRAFT City of Bozeman Extension of Services Plan and Report VERSION: October 28, 2019
Page 3 of 29
STATUTORY REQUIREMENTS
As required by Montana law, the City must demonstrate how services will be provided to areas
the City proposes to annex. Specifically, the City must provide a plan for the extension of services.
This Plan must anticipate the services needed for a minimum of five years into the future and
must include the availability of water, sewer, storm drainage, solid waste disposal, streets,
police protection and fire protection, among others.
If the City determines it is necessary to extend streets, water, sewer, or other municipal services
such as parks and recreation, lighting, tree maintenance and sidewalk/trails into an area to be
annexed, an area plan must be adopted by the City Commission that, when considered in
conjunction with this Plan, meets the requirements of 7-2-4731, MCA, and 7-2-4732, MCA. If
the area to be annexed is currently served by adequate water, sewer and streets, and if the City
determines that capital improvements are not necessary, the City must provide plans of how it
intends to provide other services, mainly police protection, fire protection and solid waste disposal.
The location of the municipal growth area is determined by considering available undeveloped and
underdeveloped lands in the context of existing municipal services and the logical extension of
these services. In addition, past community growth trends, as well as existing community growth
stimulants and deterrents, are taken into consideration in projecting growth area boundaries.
The proposed growth area is the boundary of the City’s adopted growth policy.
RELATIONSHIP TO THE BOZEMAN GROWTH POLICY
AND CITY FACILITY PLANS
This Plan hereby incorporates by reference the current and future Bozeman growth policy and the
various adopted City facility and service plans, including those for fire, emergency services, and
police, including any future updates to such plans. The growth policy and the various City facility
and service plans support this Plan. The adoption and implementation of this Plan will, likewise,
assist the City in achieving the goals and objectives of the growth policy and the various facility
and service plans.
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DRAFT City of Bozeman Extension of Services Plan and Report VERSION: October 28, 2019
Page 4 of 29
MUNICIPAL PLANNING AREA
The municipal planning area is the projected service area in which municipal services can or may
be extended, depending upon needs and demand. Boundaries of the municipal planning area are
established based on prevailing and anticipated growth trends, with consideration given to growth
stimulants as well as growth deterrents or impediments. In establishing this area, the City considers
population and economic trends that affect community growth or decline. Trends are subject to
fluctuation and the City’s planning area looks at the long term probable outcomes, not short term
exigencies.
Economic Conditions and Trends
The City is the primary economic engine of Southwest Montana. The City’s population will soon
surpass 50,000 people yet serves significantly more people in terms of business activity. This
population milestone will move the City into a metropolitan community status with many impacts
to the community.
There were roughly 18,000 more people in Gallatin County in 2017 than there were in 2010.
During this time, the City grew by nearly 9,300 people, or 25%. The City’s growth rate has
routinely exceeded that of Gallatin County as a whole over the past 20 years with annual growth
rates as high as 6%. The area's population continues to grow steadily with the potential for
continued growth over the next twenty years. Details of population and economic growth are
available through the US Decennial Census, American Community Survey, and other state and
federal agency reports.
Physical Growth Trends
In addition to the increase in population, the City has regular annexation activity increasing its
physical size. Maps showing the location and timing of annexations are available through the
City’s website. Annexations range from small annexations, such as individual properties seeking
to connect to City utilities, to parcels as large as or larger than 160 acres. Annexation occurs
throughout the City but occurs predominantly in the City’s northwest and southwest quadrants..
As for future annexations, the City has seen development using up the City’s undeveloped property
reserve that was created in the 2000s. The City expects additional properties will seek annexation
as the development potential of property with municipal services is higher than without them.
Property owners seeking additional development have, historically, voluntarily approached the
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City seeking annexation. The City does not generally extend its utility services outside of its
boundaries.
As new development is proposed in areas contiguous to or wholly surrounded by the City new
development or redevelopment is generally required to connect to municipal water and sewer.
When this occurs, utility extensions must be in accordance with City standards and annexation is
generally required prior to receiving service. The location and schedule for such development is
driven by private demand and cannot be predicted in detail at this time. The City’s future land use
map from the Bozeman growth policy depicts areas where future urban development is expected.
There exist certain influencing factors that can either stimulate or impede the physical growth of
the City. In conjunction with the ability to provide services, these influencing factors must also be
considered in the establishment of future service and growth area boundaries.
Impediments to Growth
Identified impediments to growth in and around Bozeman are water supply, access or capacity in
sanitary sewers, lands of agricultural significance, large tracts of land under public ownership,
soils unsuitable for development, seasonally high groundwater, and steep slopes, among others.
The existence of certain types of soils renders some areas of the valley more expensive for urban
development because of low bearing strength requiring additional investments for stable roads and
building foundations. Although some soils may be unfavorable for development, most
disadvantages can be overcome through engineering solutions and construction techniques. It
should be noted that while the disadvantages of these soils can be overcome, such circumstances
will likely result in added expense to the public, in providing services such as streets, sewer and
water service, and storm drainage, and to the property owner, in terms of construction and
engineering costs.
The State of Montana owns large areas of land within and adjacent to the City. Some properties
are held for research purposes for the Montana University System or are designated school trust
lands. The MSU properties are primarily located on the bench in the Southeast quadrant of the
main campus, and adjacent research facilities along College Street. As the purpose of these
properties is not for profit, the extension of infrastructure through these areas is more difficult than
typically experienced on private property. The City and Montana State University work together
on many infrastructure issues to enable the continued expansion of the City and university.
Seasonally high ground water is found frequently in the northwest and southwest quadrants. High
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ground water impacts the ability to accommodate on-site sewage disposal systems. Ground water
levels are elevated by irrigation facilities and practices. Also, expensive construction techniques
are required in many locations throughout the City area to build stable, long lasting roads.
Slopes generally exceeding twenty five percent (25%) are considered a potential impediment to
urban development. Development on such slopes, including buildings, roads, driveways and other
improvements, can have significant impacts on existing drainage patterns, riparian vegetation,
wildlife, adjacent (particularly downhill) properties, and the existing natural scenic qualities of the
community. While the City is generally situated on the valley floor, instances of steep slopes occur
along the Peet’s Hill ridge and in the northeast quadrant with the Story Hills and Bridger Mountain
range foothills.
The Gallatin Valley is at the top of its drainage system, and therefore, water supply is of high
quality while limited in quantity. The City has an active program developing and protecting its
water supply and the rights to use it. The City actively pursues development of water resources,
conservation of water, and integrated strategies to maintain an adequate supply for its continued
growth. The adopted Integrated Water Resources Plan looks at long-term needs and trends to help
maintain an adequate water supply.
The City actively invests in sanitary sewer upgrades each year. Sanitary sewer upgrades are
completed to expand the service area of the City, replace old and aging pipes, and to increase pipe
sizes and associated capacity. The City maintains a hydraulic model to understand available
capacity in the sanitary sewer system and direct capital plan investments. Some capacity
limitations exist in the system that are addressed as growth demands improvements to the system.
Low density, subdivisions not annexed to the City impede the logical and cost effective extensions
of municipal water and sewer systems. Retrofitting such development is expensive and often
opposed by residents. Avoidance of such development is therefore prudent to avoid impediments
to municipal growth. The City’s growth policy promotes protection of rural lands around the
perimeter of the City and limits development of these lands until the time when large projects with
the ability to extend City infrastructure are ready for development.
Growth Stimulants
Growth stimulants are matters exerted upon a city that may cause or encourage a city to grow in a
particular direction. Growth stimulants may be physical factors such as a scenic environment or a
proximity to services and/or utilities. A desirous quality of life or a strong economy can also
stimulate the growth of a city. The physical beauty of the Gallatin Valley, Bozeman’s strong
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economic reputation, and its perceived quality of life has spurred substantial growth over the past
20 years. It is expected that the growth of the area will continue due to its appealing life style,
strong economy, proximity to excellent recreation, and ready access to Bozeman Yellowstone
International Airport.
Prevailing Growth Patterns
Bozeman has been expanding in all directions. This includes redevelopment and intensification of
existing municipal areas. Multiple large buildings have been constructed or are under construction
in the Downtown and along N. 7th Avenue. Accessory Dwelling Units are being added to many
lots in the core of the community. Few areas within the City remain undeveloped.
The character of the surrounding areas into which the City is expanding are distinct. In order to
describe the nature of these areas more easily, the following discussion divides the city into four
quadrants with a center point at the intersection of Main Street and 19th Avenue. The prevailing
growth patterns in the Bozeman area, and the probable growth stimulants associated therewith,
follow:
Northeast Projected Growth Area
The area of this quadrant is generally flat and incorporates some of the original town site area. The
mix of land uses shows substantial areas of residential, institutional, and industrial users. At the
outer eastern edges of this quadrant the land rises into the Story Hills and Bridger Mountain range.
The East Gallatin River crosses this area as does Interstate 90. Both of these are limits on the street
grid and influence the placement of water and sewer mains. Expansion of the City is expected but
is likely the least expansive of any of the four quadrants due to the degree of slopes in the outer
area. Growth of population and expansion of incorporated land in the area is possible. There are
several unannexed wholly surrounded areas and unannexed areas that receive municipal fire
service. There is potential for additional development within the wholly surrounded areas.
Municipal water and sewer are in near proximity to some of the wholly surrounded areas.
The City recognizes there are no overwhelming barriers that would impede the physical growth of
the City during the next five years. There are known needs for expansion of water and sewer
services that are described in the facility plans. The Montana Department of Transportation is
presently expanding Rouse Avenue to provide needed transportation capacity.
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Southeast Projected Growth Area
The area of this quadrant is generally moderately sloped and incorporates some of the original
town site area. Bozeman Creek crosses this portion of the community. A large ridge on the eastern
side divides this area into two areas. The western area is mostly developed down to Kagy Blvd
with Montana State University and Downtown being the two most notable destinations. South of
Kagy Boulevard lies large open areas suitable for urban development. There are several large rural
subdivisions in this area. East of the ridge is Bozeman Health’s main campus and residential areas.
There is substantial land remaining for development east of the ridge. There are several suburban
developments in this area primarily utilizing individual water and sewer systems. There are several
wholly surrounded areas in this quadrant. These are located primarily along the Kagy Boulevard
corridor.
It is recognized that there are no overwhelming barriers that would impede the physical growth of
the City during the next five years. There are known needs for expansion of water and sewer
services which are described in the facility plans. The City is presently expanding water storage
capacity at its water treatment plant which will improve water pressure to this area.
Southwest Projected Growth Area
The area of this quadrant is quite flat and has the fewest topographic features which might restrict
expansion of the City. Large sections of this quadrant are presently outside of the City. Large
university landholdings restricted extension of municipal utilities for many years. With services
now made available, development is occurring along the S. 19th corridor and beginning to occur
south of Huffine Lane. Areas north of Huffine Lane have been annexed and infilling since the late
1970’s. There are several small residential unannexed inholdings within this quadrant and one
large existing and planned commercial area. High groundwater is prevalent in this quadrant,
especially south of Huffine Lane with many small spring creeks. There are continuing agricultural
operations in this area and very low density residential development scattered throughout it.
The City recognizes there are no overwhelming barriers that would impede the physical growth of
the City during the next five years. There are known needs for expansion of water and sewer
services that are described in the facility plans. The City is presently expanding water storage
capacity at its water treatment plant that will improve water pressure to this area. The City is also
constructing a new lift station and sewer interceptor pipe that will expand sewer capacity that will
serve this area.
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Northwest Projected Growth Area
This quadrant has seen the greatest amount of growth over the past 15 years. Several very large
annexations have been building out. The City along with private developers has invested heavily
in major transportation and sewer service improvements in this area that have facilitated growth.
Development in this area is primarily residential and institutional with substantial capacity for
commercial development to occur. This quadrant has the greatest number of unannexed
inholdings. Most of these inholdings are residential development but several have potential for
substantial intensification of use. The construction of Bozeman Gallatin High School, the Sports
Park, and impending construction of Billing Clinic Hospital support an expectation of substantial
additional growth in this area.
The greatest restriction on development in this area is sewer services. The City is constructing the
new Davis Lift Station and the Norton East Ranch Interceptor to support construction of the new
high school and hospital. This construction will also open considerable capacity for additional
annexation and development.
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EXTENSION OF CITY SERVICES
The City’s growth policy and its facility and service plans (along with its Strategic Plan) seek
compact, orderly and efficient municipal growth. In addition, all plans support infill development
as well as outward expansion. Doing so minimizes the expenditure of municipal funds and ensures
such funds are used in the most efficient and rational manner. To implement the goals and
objectives of the growth policy and various facility and service plans, the City develops and
continually implements plans for the extension of municipal services through its capital-planning
program. When extending services into annexed areas, the City must identify the services available
and the manner in which the City will provide those services to the annexed area. In doing so, the
City identifies those responsible for extending services and the methods of financing such
extensions.
Initially, because of the extensive urban development in unannexed areas within and adjacent to
the City boundaries, roads and water and sewer mains are already in place through or beside many
areas where annexation may occur.
The facilities and services, which the City considers for extension into the future growth areas of
the City, include streets, sanitary sewer, storm sewer, water, police protection, fire protection, and
solid waste collection, among others. Generally, many of these services must be provided
concurrent with annexation.
In areas where services or facilities do not exist, it is generally the responsibility of a property
owner developing property to construct and pay for facilities such as roads, sewer, stormwater,
and water (for domestic and fire suppression). The City then will provide the services that use such
facilities, such as police and fire protection, solid waste collection, and water and wastewater
treatment. In areas that are currently developed, the City may, based on its growth policy and
facility and service plans, and in compliance with its adopted regulations, allow developed
properties to continue to use existing facilities such as on-site water wells and septic systems.
The City in cooperation with property owners must generally provide services concurrently with
development of the property. As such, for undeveloped areas, the City may allow a property owner
to defer the development of certain facilities until future development as long as basic services
such as police and fire are provided to the property. For example, if undeveloped property is
annexed anticipating future development, the City may not require development of additional
facilities for the property upon annexation as long as basic services can be provided at the time of
annexation.
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For developed areas, the City may authorize the use of existing facilities at the time of annexation
as long as such facilities can provide adequate services. For example, if the City annexes an
existing neighborhood with established streets and water and wastewater facilities, the City may,
depending on the condition of the facilities, authorize property owners to continue using such
facilities as long as the facilities are adequate to serve the property. As such, under this example,
property owners may continue to use on-site septic systems and wells and roads even though roads
may not have been built to current City standards and the City does not authorize wells and septic
tanks for domestic services. At the time of future development or when those services have
outlived their useful life, these facilities must be upgraded to City standards.
This remainder of this section addresses the various types of facilities and services and, in
conjunction with the policies described below, the City’s plan for how each will be provided at the
time of annexation.
Streets
The transportation network within and around the City plays a significant role in the physical
development and growth of the City. This network of streets, roads and highways is designed to
form a system that not only provides efficient internal circulation, but also facilitates through
traffic. Since streets serve two basic functions, moving traffic and providing access to abutting
lands, the City, through its adopted transportation plan, classifies each street for the specific
function or combination of functions that it serves. This functional classification system forms the
basis for planning, designing, constructing, maintaining and operating the street system. Street
classification is also used as an equitable and practical method of allocating responsibility for street
and road construction expenditures. For these reasons urban streets are generally designed and
developed in a hierarchy comprised of the following types:
Major Arterials
A major arterial is described in the City’s adopted transportation plan. Generally, it is a road or
highway with moderate to high speeds and traffic volumes. Major arterials provide access to the
regional transportation network, and move traffic within the City. Access to abutting lands is
limited.
Minor Arterials
A minor arterial is also described in the City’s adopted transportation plan. Generally, it is a road
with moderate speeds designed to collect or move traffic from one major part of the City to another
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or to move traffic to and from the major arterial system.
Collector Streets
Again, the City’s transportation plan describes collector streets. Generally, it is a secondary or
intermediate street with moderate speeds and moderate volumes. Such streets would collect local
traffic from neighborhoods and carry it to adjacent neighborhoods or transfer the traffic to the
arterial system. Such streets would typically serve a neighborhood or local area.
Local Streets
These are minor streets intended to serve individual sites, homes, buildings or lots. Local streets
either feed into collectors or provide direct access to much of the land within the City.
As noted above, arterial and collector streets within Bozeman are listed according to functional
classification in the City’s adopted transportation plan. The transportation plan and the street
reconstruction priority ratings, prepared by the City Engineering staff, have been developed as a
tool for scheduling reconstruction, overlays and preventative maintenance for public streets,
excluding State and Federal highways, in the projected urban area. The City’s street system
includes approximately 294 miles of streets and alleys.
The transportation plan and supplemental staff analysis identify priority projects for the street
systems, which, if implemented, result in a benefit to existing traffic system performance. The
proposed improvements will also serve future development needs as urban development expands
into the adjacent rural areas surrounding Bozeman. The transportation plan, in addition to
identifying deficiencies and recommending improvements, identifies potential funding sources.
The top priority projects identified in the transportation plan involve, for the most part, either
arterials or collectors. All proposed developments that impact the existing or proposed street
network may be subject to conditions of approval intended to mitigate impacts. It is generally the
responsibility of a landowner to provide streets built to City standards, including curbs, gutters,
sidewalks, boulevards, street signs, streetlights and street trees. Standards for such improvements
are contained in the City of Bozeman's Unified Development Code, the City's Design Standards
and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works
Standard Specifications. The policy section of this plan supports these requirements.
The City may authorize developed areas to be served by the existing street network even though
such network does not meet current standards.
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The City levies an arterial & collector street assessment to provide for construction and
maintenance of arterial and collector streets, according to the City’s adopted capital plans.
Currently, the assessment is $0.006408 per square foot of property area for all properties. The
assessment is limited to a maximum of 15,000 square feet for single-family residential properties,
a maximum 15,000 square feet for undeveloped commercial properties, and a maximum of one
quarter of the total area for properties zoned public lands and institutions. This assessment is
subject to change depending on priorities for capital improvements.
Street Maintenance
The City maintains, sweeps and plows most streets within the City, while the Montana Department
of Transportation maintains and plows its highways through the City totaling approximately 23
miles of roads. The County Road Department also maintains and plows approximately nine miles
and several segments of roads in the City that are under County jurisdiction as adjacent land has
been annexed. However, generally, County roads will be incorporated into the City system as
annexation occurs.
To address maintenance, the City levies a street assessment. This assessment provides for snow
removal and deicing, asphalt patching and overlays, and street sweeping. Currently, the assessment
is $0.028924 per square foot of property area for all properties. The assessment is limited to a
maximum of 15,000 square feet for single-family residential properties, a maximum 15,000 square
feet for undeveloped commercial properties, and a maximum of one quarter of the total area for
properties zoned public lands and institutions. As with the arterial and collector assessment, the
street maintenance assessment is subject to change depending on priorities for capital
improvements.
Some neighborhoods and homeowners associations elect to manage additional snow removal on
their own, to achieve a higher level of service than the City can provide. In certain circumstances,
the City may require or authorize such private service of local streets.
Sanitary Sewer
A sewerage system is a network of sewers used to collect the liquid wastes of a city for subsequent
treatment. The location and capacity of main sewer lines and treatment plants are a factor in
determining both the density and location of development within a community. Generally, the
design of main sewer lines and plant capacity is reflective of anticipated land uses and population
projections of a predetermined service area.
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In contrast to a pressurized distribution system, sewage is collected by a gravity flow system,
wherein sewer lines are laid out in a manner as to flow continually downhill. Where grades are
insufficient to provide gravity flow, pumping of the sewage becomes necessary. Adding pump
stations to the system correspondingly adds expense and maintenance needs and is generally
discouraged. The City Water & Sewer Division currently maintains more than 210 miles of gravity
sewer mains, 4,200 manholes, and twelve lift stations. As the land area of the City expands, the
collection system likewise expands.
The City operates a mechanical wastewater treatment plant with secondary treatment and
biological nutrient removal. The plant is located on the northwest edge of the city on Springhill
Road. The treatment plant is designed to accommodate a flow of approximately 8.5 million gallons
per day (mgd). A plant of this capacity is able to serve a population of approximately 66,000. The
plant is currently treating an average of approximately five mgd of effluent.
High groundwater infiltration and storm runoff inflow are having a significantly negative impact
on the City's collection and treatment systems. Infiltration and inflow are extraneous waters that
can enter the sewer system and thus reduce the sewage carrying capacity of the sewer, pump station
and treatment systems. As the amount of infiltration and inflow is reduced through improvements
to infrastructure, the ability of the plant to serve a larger population is increased. Much of the storm
runoff inflow has been eliminated through the ongoing construction of underground storm
drainage facilities, elimination of cross-connected stormwater catch basins and disconnection of
roof drains from sanitary sewer lines. Storm drainage is being improved as the City's stormwater
capital plan is implemented.
The design of new sewage collection systems must meet the current requirements of the Montana
Department of Environmental Quality, the Montana Public Works Standard Specifications, the
City's Design Standards and Specifications Policy, and the City of Bozeman Modifications to the
Montana Public Works Standard Specifications, and the policies for extending services described
in this plan.
Residential neighborhoods utilizing on-site sewage disposal systems may be found throughout the
Bozeman sewer service area, both in and outside the City limits. Over the next 15 to 20 years,
many of these neighborhoods will eventually undertake the extension of City sewer mains as
higher density development is desired and as on-site disposal systems outlive their useful life. The
location and schedule for such improvements will be driven by private demand and cannot be
predicted at this time.
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In accordance with the City of Bozeman Design Standards and Specifications Policy and
Modifications to the Montana Public Works Standard Specifications (MPWSS), future
development projects throughout the Bozeman sewer service area must prepare detailed
engineering studies to identify appropriate locations and design criteria for sewer mains and lift
stations. Consideration will be given to individual development goals, as well as the long range,
overall needs of the surrounding area and the sewage collection/treatment system as a whole.
The City may authorize developed areas proposed for annexation to be served by the existing
onsite septic systems network even though such systems do not meet current standards. Such
systems must be abandoned and the Property must connect to the City’s sanitary sewer if property
redevelops or the systems fail.
Storm Water Management
Storm water runoff is the water flowing over the surface of the ground as a result of a rainfall or
snow melt. The primary goals in the management of storm water runoff are to minimize hazards
to life and property and to provide treatment of runoff before it enters streams and rivers. This is
accomplished by using storm sewers, detention, and treatment systems to collect, carry, detain,
and treat surface water and ultimately discharge that water to a natural water course or body of
water in such a way as to prevent flooding and the resultant damage.
The City’s stormwater collection system consists of a variety of infrastructure facilities that collect
urban runoff and either treat stormwater on site or convey it to local waterways, such as Bozeman
Creek, Bridger Creek, the East Gallatin River, and numerous small spring creeks. Currently,
system components include over 107 miles of underground pipe, 3,675 inlets, 1,625 utility holes,
and 629 individual discharge points spread across the City. In areas built post-1980, there are 519
surface and subsurface stormwater facilities that act as flood and water quality controls. The
majority of these facilities are owned and operated by property owner associations or private
parties. As the land area of the City expands, this system likewise expands.
As new streets are constructed, and as existing streets are improved, storm drainage infrastructure
is likewise installed or improved. Those persons developing property have the responsibility to
convey storm water from their property to an appropriate point of treatment and disposal. The
quantity and rate of runoff from a developed piece of property should not exceed that which would
occur had the property remained undeveloped. In instances where developing property cannot be
drained to an appropriate point of disposal, storm water must be detained and handled on site.
The City may recognize developed areas proposed for annexation may be served by existing
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stormwater systems even though such systems do not meet current standards.
Water
The City must ensure dwellings and business have access to safe, potable and palatable water for
the needs of the City’s domestic, institutional, industrial and commercial consumers. The City
must also ensure adequate water exists to meet firefighting needs.
The City provides domestic water from the Hyalite/Sourdough Water Treatment Plant and the
Lyman Spring Water System. The present supply capacity is approximately 22 million gallons per
day (mgd), and the peak demand periods of late summer are approximately 9 mgd. The maximum
day demand has been observed at approximately 12 mgd.
Water storage tanks are used to equalize pressure throughout the 271-mile long distribution system
and to provide emergency supply in case of an interruption of power, a failure of pumping
equipment, or to provide water for firefighting. This system also provides the flow necessary to
meet peak demands. The amount and location of stored water represents a key component of the
water system's ability to deliver water for the purpose of fire suppression. The city currently
utilizes four storage tanks with a total capacity of 16.6 million gallons. Under the requirements of
the Safe Drinking Water Act, the City tests the water supply for a wide variety of contaminants on
a regular basis. Extensive testing for microorganisms, disinfection byproducts, disinfectants,
inorganic chemicals, organic chemicals, and radionuclides has shown that Bozeman's water is of
the highest quality.
The City’s water facility and service plan guides the extension of water mains into areas of growth
as and when development occurs. The plan is based on the objective of providing adequate water
flow to meet household, commercial, industrial and irrigation demands, while meeting fire
protection needs as well. The distribution system must be able to deliver water in sufficient
quantity to all residents and businesses at all times. Ideally, a water distribution is of a grid layout
with supply and storage facilities strategically located to equalize pressure during periods of heavy
usage. Dead-end lines should be avoided and reduce the number of customers who would be out
of water during periods of line repair.
The provision of water for firefighting purposes is as important as, and as consumptive as, that
required for domestic and commercial uses, and must be considered when evaluating transmission,
storage and distribution facilities.
The City may authorize developed areas proposed for annexation to be served by the existing wells
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even though the use of wells does not meet current standards. Such systems must be abandoned or
used solely for irrigation if property redevelops or if a property owner must connect to the City’s
water system.
Solid Waste Management
Solid waste collection, recycling, and disposal services are provided within the City by both the
City and private haulers. Refuse collected within city limits is transported to the Logan landfill
located approximately 27 miles west of Bozeman. All properties within the City must use a solid
waste collection service. Recycling services are optional.
The City provides weekly residential pick-up of refuse, while businesses receive, if needed,
multiple pick-ups each week. The City utilizes an automated side-arm loader for collection and
transportation of garbage to the landfill. The City of Bozeman also supports recycling efforts with
bi-weekly residential pick-up. The demand for solid waste collection is typically proportionate to
the size of the community. Therefore, as the City of Bozeman accepts annexations, its solid waste
service area will increase as well. The City recognizes the provisions of 7-2-4736, MCA in regards
to solid waste collection services.
Fire Protection
Fire protection is dependent upon the size and type of fire protection work force, availability of
adequate water, type of equipment and the response time involved.
The Bozeman Fire Department currently consists of 46 paid personnel, of which 45 are sworn
uniformed fire rescue personnel and one civilian support staff. The City levies property taxes to
pay for fire protection services.
To provide fire protection within the city, the City must develop and maintain adequate firefighting
apparatus, equipment, housing, personnel, and facilities. Mutual aid between the Bozeman Fire
Department and departments outside the City, including Central Valley, Hyalite, and Fort Ellis
Fire Departments, provide resources that can be requested by any of the departments if additional
assistance is needed.
Currently, the City of Bozeman has an insurance class rating of “2”. The department was last
reevaluated in 2017 by the Insurance Services Office (ISO). ISO collects data for more than
48,000 communities and fire districts throughout the country. This data is then analyzed using a
proprietary Fire Suppression Rating Schedule. This analysis then results in a Public Protection
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Classification score between 1 and 10 for the community, with Class 1 representing "superior
property fire protection" and Class 10 indicating that an area does not meet the minimum criteria
set by the ISO.
Currently, hydrant locations in the City could be considered adequate in most areas. The Public
Works Department and Fire Department work together to identify needs and install new fire
hydrants in developed areas that are served by City owned water mains of sufficient capacity to
deliver fire flows. At the time of annexation, the City determines how to provide fire protection
services; in circumstances of annexation of developed properties, the City may use existing
facilities to provide service.
Law Enforcement
Police services and public safety are vital components of the essential services the City provides
to all residents and visitors to the city. The Bozeman Police Department is currently authorized
for sixty-six sworn police officers, two animal control officers, one crash investigator, four
information specialists, one evidence technician, one digital forensic analyst, one fleet
maintenance staffer and a number of volunteers. The primary service area is within the city limits
of Bozeman. The department also participates in shared teams that work both inside and outside
the city limits such as the city-county Special Response Team, the Missouri River Drug Task Force
and the Montana Internet Crimes Against Children Task Force.
The Bozeman Police Department is responsible for public safety services for all persons who live,
work and play within the City. In addition to Bozeman residents, the service demands on the
department are also largely influenced by Montana State University student and staff populations,
as well as the county residents living outside the city limits that come to Bozeman to work, shop,
dine, or recreate. The department’s service population also includes visitors that travel through or
stay in Bozeman.
These factors obviously affect the numbers of calls for service the department responds to. Other
factors that influence the department’s workload are the number, frequency and location of
criminal activity, motor vehicle crashes and general calls for assistance. As is the case with all
departments within the City, the community’s current rate of growth has the largest impact on the
delivery of public safety services. As the City grows both geographically and in population, it is
necessary to continue to staff and resource the police department accordingly.
For the annexation of property, law enforcement services are provided at the time of annexation.
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Parks and Recreation
The City provides maintained, publically accessible, parks and trails to all residents and
community members. The City’s Park and Recreation Department currently maintains 42 park
spaces consisting of pocket parks, neighborhood parks, special use parks and community parks.
The Department manages and maintains all associated infrastructure within these park spaces (i.e.
irrigation systems, pavilions, restrooms, bridges, play structures, etc…). The Parks Division of
the Department also maintains 61.7 miles of trail and path within the City for transportation and
recreation. Many parks and trails throughout the City are maintained by homeowners associations.
The Department also provides a myriad of recreation and aquatic services to the public of all ages.
Under the Department’s cost of service plan, cost recovery is subsidized by the City for some age
groups and specific programs resulting in resident discounts.
The Department services are tracked for time, equipment and materials allowing the Department
to forecast future costs of potential annexations. The City generally maintains public parks and
trails currently in existence at time of annexation at the current standard. Recreational services
would be extended to residents of newly annexed property at the current resident rate. Finally, all
public park and street trees are added to the City tree inventory and maintained as a part of the
City’s urban forestry management program.
The Forestry Division of the Department manages and maintains over 24,000 street, park and
cemetery trees. Forestry also provides and installs at least 175 trees annually in public right-of-
way at a subsidized cost to the adjacent property owner. Forestry utilizes a Forestry Management
Plan and Emerald Ash Borer Course of Action Plan as master plans in the urban forest management
of the City. The City will maintain trees in public parks and rights-of-way at the time property is
annexed.
As of the date of this Plan, the City of Bozeman levies a tree maintenance assessment on properties
within the City. Currently, the assessment is $0.003548 per square foot of property area for all
properties. The assessment is limited to a maximum of 15,000 square feet for single-family
residential properties, a maximum 15,000 square feet for undeveloped commercial properties, and
a maximum of one quarter of the total area for properties zoned public lands and institutions.
Residents and property owners within areas proposed for annexation must recognize assessments
are subject to change on an annual basis.
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Other City Services
In addition to the above, the City provides other facilities and services such as Library, sidewalk
maintenance, weed abatement, etc. As the City annexes land, these facilities and services will be
available to residents and owners of annexed property.
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POLICIES FOR CITY INITIATED ANNEXATION OF LAND AND PLAN FOR THE
EXTENSION OF SERVICES
The policies in this section apply to City initiated annexations including annexation of property
wholly surrounded by the City. The City may adopt additional policies, amend these policies, or
replace them in their entirety as the City considers the annexation of specific areas. In doing so,
the City will adopt an area plan as an addenda to this Plan. This Plan contains general policies and
plans for how the City will extend services and facilities to areas proposed for annexation and how
the costs and expenses of extending such services and facilities will be borne by property owners,
the City, all property owners and residents in the City, or a combination of the above. Again, area
plans, in the form of an addenda to this Plan, will contain supplemental provisions for the extension
of services to the specific area proposed to be annexed.
1. Public Involvement in City Initiated Annexations. After the City Commission votes to
commence the annexation process for a given area, and prior to the initiation of formal
annexation proceedings, the City Manager must establish a plan for engagement of the
residents and owners of areas proposed for annexation. As part of the plan for engagement,
the City Manager must, prior to submission to the City Commission of a resolution of intent
to annex a parcel or group of parcels:
a. Establish a project page on the City’s website with all pertinent information
regarding the proposed annexation.
b. Mail to all property owners as shown in the records of the Gallatin County Clerk
and Recorder and to all physical addresses within the area proposed for annexation
a notice of an open house to discuss the proposal. The City Manager must conduct
the open house at least two months prior to submitting a proposed resolution of
intent to the City Commission.
c. At the open house, make available the draft area plan addendum to this Plan with
the contents required in this Plan, provide estimates of the general tax and
assessment charges applicable to the properties upon annexation, and provide
documentation which describes the services and facilities the City will extend and
which facilities and services the City Manager proposes to determine adequate to
remain until connection or development of the property.
d. Provide the owners and residents a description of the procedures to be used for
annexation, the opportunities for the public to be involved in the process, and the
estimated timeline for the annexation process.
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2. City to Document Condition of Existing Facilities and Services. At the time of annexation,
the City must document existing facilities and services and describe the sewer and water
services, roads, and other facilities and services necessary to serve the inhabitants of the
annexed area. The City must include this description in an area plan addendum to this Plan
containing the components described below. The addendum for a certain area, once
adopted, is a supplement to this Plan.
3. Determination of Adequate Facilities and Services. At the time of annexation, based upon
the description of existing services and facilities, the City must determine whether the same
are adequate to provide service to the annexing land or whether the same must be improved
or developed. This analysis must examine the capacities of the City’s water treatment and
water reclamation facilities, sewer and water mains serving or that could serve the land,
whether police and fire protection can be provided, the condition of existing roads, and
stormwater facilities, the availability of solid waste, etc. The City may require new
facilities to serve the annexed property or the City may determine adequate capacity is
available in existing facilities to serve the land without requiring improvements or
extensions of facilities and thus allow the land to continue to use existing facilities. This
determination will be made for each facility and service.
4. No Annexation Unless Adequate Facilities and Services Exist. The City will not annex land
unless there is at the time of annexation adequate water, sewer, stormwater, and streets
systems to accommodate the existing demands from the land to be annexed. As such, if the
City accepts a petition for annexation or initiates annexation it has determined adequate
sewer, water, fire, police, solid waste, and other services can be made available or already
exist to serve the land to be annexed.
5. City Not to Establish New Funding Sources. Unless otherwise determined by the City
Commission, the City will not establish new or special funding sources to provide facilities
or services to property proposed for annexation.
6. City Not to Extend Sewer or Water Main or Roads. Generally, unless otherwise noted in
an addendum to this Plan, the City will not pay for the extension of sewer or water mains
or roads for the annexed area because the need for any such extensions will be initiated and
driven by private demand and therefore cannot be predicted by the City.
7. Private Demand Pays for New Facilities. Generally, unless otherwise noted in an
addendum to this Plan, construction of any new water or sewer mains or roads will be paid
for by the private party desiring development or connection to existing sewer and/or water
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facilities or roads. At the time of future development, facilities necessary to serve the
property will be evaluated with the corresponding development application pursuant to
City requirements including the City’s Unified Development Code.
8. City to Assume Maintenance of Existing Roads. The City will assume all maintenance
responsibilities for public roads within an annexed area unless otherwise requested by the
property owners.
9. Prediction of Location of New Development. Although the City plans for the future location
of sewer and water mains, roads and other facilities, private parties seeking development
or connection to City services generally initiate and drive development or connection. As
such, the City cannot predict the specific timing or the exact location of new sewer and
water mains, roads and other facilities. Unless otherwise noted in an addendum to this Plan,
the City does not intend to extend new sewer or water mains, roads, or other facilities into
the areas to be annexed until such time as the demand of private development requires such
extension.
10. City May Extend Facilities to Annexed Areas. Although new roads, sewer and water mains,
and other facilities are generally initiated by private demand, in some cases the same may
be initiated by the City. In cases where the City’s adopted transportation plan calls for
extensions of arterial and collector streets, or the City’s Wastewater Collection Facilities
Plan or Water Facilities Plan calls for construction of sewer and water mains, the City may
extend such infrastructure and require property owners within the annexed area to pay a
local share of such extensions. The City may establish payback or latecomer districts or
other financing methods to implement the above.
11. Consent to Annexation Required for Continued Sewer and Water Service in Areas not Yet
Annexed. Except for instances where the City must connect a property to sewer and/or
water service pursuant to law or determines to connect a property for any reason, the City
may, at any time, require a property owner’s consent to annexation as a condition of
continued sewer and/or water service. When the City determines to require such consent
from a particular property owner, the City may notify the property owner, in writing, that
the City seeks such consent, and that if such consent is not given, the City will require that
the property owner discontinue receiving sewer and/or water service. If the property owner
has not, within ten (10) days, made firm written arrangements to discontinue sewer and
water service, then the City shall be entitled to treat the property owner as having consented
to annexation of the property upon expiration of such 10-day period. If the property owner
consents to annexation (by failing to make arrangements to disconnect the service), then
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the City shall be entitled to disregard any protest that such property owner makes to a
proposed annexation of his or her property.
12. City Services Available Upon Request. After annexation, parcels within annexed areas that
are not currently receiving City sewer/water may connect to City services at any time by
paying for the costs of connection to such services including any necessary extension of
sewer or water mains or other necessary infrastructure.
13. City Commission to Determine Zoning Designation. At the time of annexation, the City
will determine, based on an analysis of the City’s adopted growth policy, required legal
criteria, and public comment including comment from property owners within the annexed
area, the zoning that will be applicable to the annexed land. The City must follow a zone
map amendment process concurrent with the annexation process so that zoning is effective
simultaneously with annexation.
14. General Laws of City Applicable Upon Annexation. Upon annexation, all laws of the City
become immediately applicable to the annexed properties. This includes laws related to the
general health, safety, and general welfare and to development of real property.
15. No Fees for Annexation Procedure. The City will not require property owners to pay
application processing fees or noticing fees for annexations initiated by the City.
16. Impact Fees Applicable. Upon annexation, the payment of impact fees pursuant to Chapter
2, Article 6, Division 9 of the Bozeman Municipal Code are applicable when property is
developed or connected to City water or sewer systems.
17. Fire Protection Services. If fire protection services in the area to be annexed have been
provided by a fire district organized under Title 7, chapter 33, part 21, the area plan must
include provisions for coordinating the transfer of fire protection services to the City and
compensating the district, if necessary, for equipment and district expenses or describe the
municipality's plans to annex to the rural fire district pursuant to 7-33-4115, MCA.
18. City Not to Require Additional Right-of-Way. As required by law, the City will annex all
existing public right-of-way within or adjacent to a City initiated annexation. For City-
initiated annexations, the City may not require a landowner to provide additional right-of-
way for municipal, public, or private utilities. The City may request or negotiated with such
landowner the dedication of such rights-of-way. Nothing herein may be deemed a waiver
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of the City’s power of eminent domain. Any existing County right-of-way or easements
will become City right-of-way or easements upon annexation.
19. Policies in Place at the Time of Future Development Control. Future development of
annexed lands after annexation must comply with the City’s regulations and policies in
effect for development of real property and the extension of services at the time of the
future development.
20. City to Provide Notice to Affected Governmental Agencies. Prior to initiating formal
annexation proceedings, the City will provide notice of proposed annexations to Gallatin
County and to any fire district or fire service area providing service to the land proposed
for annexation.
21. Benefit of City Services Available Upon Annexation. Upon annexation, the benefits
available to residents of the City take effect for newly annexed residents and businesses.
This includes eligibility to vote in City elections, access to recreation facilities at resident
rates, access to City solid waste and recycling collections, access to City police and fire
protection, etc.
22. City to Prepare Maps. Prior to initiating annexation, the City must prepare maps of the
area(s) proposed to be annexed and make the same available for public viewing.
23. Existing roads, wells, and septic services. As a general policy, the City will allow existing
services such as existing roads, stormwater, domestic and irrigation water supply, and
sanitary sewer such as on-site septic, to remain servicing the property unless such facilities
or services are deemed inadequate by the City, the Gallatin City-County Health
Department, or the Montana Department of Environmental Quality or until redevelopment
of the property or connection to city water or sewer is necessary.
24. Public engagement as protest not available. As protest of annexation is not available to
property wholly surrounded by the City (7-2-4502, MCA), the City will seek the active
participation and engagement of all property owners and residents in an area wholly
surrounded by the City that is proposed for annexation.
25. Improvements by special improvement district (SID) at request of affected property
owners. If property owners making up greater than 50% of a potential Special
Improvement District (SID) approach the City to construct new public infrastructure using
a SID, the City will schedule the proposed improvements as allowed relative to other
projects in the City’s infrastructure capital improvements plan. Along with their request,
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property owners must submit waivers of right to protest a SID for the proposed
improvements sufficient to meet the protest threshold for a SID.
26. All Property Shares in Taxation for Costs of City Services. All property within the City
shares in the tax burden for services funded through property taxes. Except for tax-exempt
property, all property within the City is subject to City imposed property taxes, which are
used to pay for general city facilities and services such as police and other criminal justice
functions, fire protection, parks and recreation, and general governmental services such as
library and business licensing. When property is annexed, it becomes subject to taxation in
the same manner as all other city properties and correspondingly shares in the costs of such
services and the benefits of such services.
27. All Property Shares in Assessments for Costs of City Services. All property within the City
shares in the assessment burden for services funded through assessments. Generally, all
property within the City is subject to certain assessments such as for arterial and collector
streets, street maintenance, tree maintenance, etc. Upon annexation, the property is subject
to City assessments in the same manner as other city property and correspondingly shares
in the costs of such services and, in return, shares in the benefits of the service.
28. Users of Utilities Pay for Services. Properties within the City connected to City sewer and
water facilities and using City solid waste collection pay for the operations of such facilities
and services pursuant to City adopted utility rates and impact fees.
29. Redevelopment or Connection to Services Requires Payment for Services. Where annexing
property does not directly connect to city sewer or water and the properties continue to use
on-site septic and/or wells, such property owners will not pay rates associated with use of
the City’s sewer and/or water facilities. However, upon redevelopment or connection to
the City’s utilities, property owners must pay impact fees (as applicable) and begin to pay
for the operational and capital costs of the services in the same manner as all other
properties in the City through the payment of water and sewer rates.
30. City Discretion to Assist in Financing Extension of Services. In cases where a property
annexes to address wastewater or potable water supply issues, the property owner must pay
for the extension of the facilities necessary to serve the property. For all annexations, upon
the request of property owners, the City may assist in creating financing tools for the
property owner(s). In doing so, the City may agree to assist the property owner(s) by
financing the costs of improvements over years through financing tools such as special
improvement districts, special purpose districts, payback districts (late-comer agreements),
or location specific assessments.
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31. Area Plan as Addendum to Address Whether Extensions Are Necessary and Method of
Paying Costs. At the time of a City initiated annexation, the City must adopt an area plan
as an addendum to this Plan describing whether roads, sewer, or water must be extended
or improved and if extensions or improvements are necessary to serve the annexed
property, the manner in which such extensions or improvements will be paid for. The
addendum must indicate whether the costs of the extension of or improvements to facilities
will be borne solely by the property owner(s) and to what extent, if any, the City will
contribute to the costs of the extensions. The City may determine extensions are necessary
and that the City will not participate financially in the extensions. The City may, however,
agree to participate financially using generally applicable funds, may create financing
systems for the property owners, or a combination of any financing methods available.
32. Contents of Area Plan as an Addendum to this Plan. Prior to initiating formal annexation
procedures, the City must prepare an area plan as an addendum to this Plan, which will
supplement this Plan if adopted, and make the area plan available to the public. The area
plan must include, at a minimum:
a. Map of the boundaries of the area proposed for annexation and which show existing
streets, major trunk water mains, sewer interceptors and outfalls and other utility
lines and the proposed extension of the same, if any will occur.
b. A description of the existing services to the area including how properties are
currently served for police and fire protection, solid waste collection, domestic
water supply, wastewater treatment, etc. If the County, a special district, or
improvement district currently provides services, the specific steps for the orderly
transfer of those services, developed in consultation with the governing body of the
entity providing the services.
c. A plan for the future extension of facilities and services to the area, if not adequately
addressed in the Plan.
d. A timetable for the extension of infrastructure if the City determines the extension
of infrastructure is necessary to provide adequate service to the area at the time of
annexation.
e. Whether the City anticipates requiring improvements to existing infrastructure at
the time of annexation to serve the property being annexed and if so, whether the
City intends to participate financially in the costs of design and construction of such
public infrastructure. If the City determines to not participate in the costs, whether
the City will make available financing for the property owners through a special
improvement or purpose district.
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f. A statement whether landowners within the area proposed for annexation have
formally requested the creation of a special improvement or purpose district to fund
the extension of sewer or water mains, streets, or stormwater infrastructure or make
improvements to roads or other facilities.
g. A statement regarding the capacity of the City’s water treatment and water
reclamation facilities to provide service to the area at the existing density if the area
is to be connected to those systems at the time of annexation. If the area to be
annexed has the potential for redevelopment, the area plan must address the manner
in which the city will require future development to participate in funding
improvements to the City’s water treatment and wastewater treatment facilities.
h. A statement regarding the ability of the City’s police and fire departments to
provide adequate service to the area.
i. A statement regarding how the collection of solid waste will occur.
j. The conclusion of the City whether the area proposed for annexation meets the
requirements of Sections 7-2-4734 and 7-2-4735, MCA.
33. Late Comer Agreements/Payback Districts. The City, recognizing the extension of services
by private parties may benefit others, may create a payback district requiring, upon certain
conditions, the later payment by properties connecting to sewer or water mains or roads, to
the parties paying the costs of such extensions of services. The City may establish criteria
and policies for the creation of payback districts.
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