HomeMy WebLinkAboutResolution 5076 Revising and Re-establishing Goals and Policies for Landowner Initiated Annexation of Properties IS30
9TIN CO.
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 I
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.
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Resolution 5076,Revising and Re-Establishing Goals and Policies for•Landoi4,ner Initiated Annexation of Properties to the City
of Bozeman
3. The City encourages all properties currently contracting with the City for City services
such 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.
10. The City of Bozeman encourages annexations for City provision of clean treated water
and sanitary sewer.
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.
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Resolution 5076,Revising and Re-Establishing Goals and Policies for Landowner Initiated Annexation of Properties to the City
of Bozeman
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 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
annexationpetition.
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
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Resolution 5076, Revising and Re-Establishing Goals and Policies for Landowner Initiated Annexation of Properties to the City
of Bozeman
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 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
12. Recorder the mapping may be waived by the Director of Public Works.
13. The City will assess system development/ impact fees in accordance with Montana
law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
14. 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.
15. 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.
16. When possible,the use of Part 46 annexations is preferred.
17. 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.
18. The City will potify the Gallatin County Planning Department and Fire District
providing service to the area of applications for annexation.
19. 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.
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Resolution 5076,Revising and Re-Establishing Goals and Policies far Landowner li?itiated Annexation of Properties to the City
of Bozeman
Section 3
This Resolution once adopted supersedes Resolution 4400 adopted by the City Commission
on September 10, 2012.
PASSED,ADOPTED,AND APPROVED by the City Commission of the City of
Bozeman,Montana,at a regular session thereof held on they 8 th day of October,2019.
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HRIS MEHL
Deputy Mayor
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APPR ED AS T RM:
GREG SlotTVAN
City Attorney
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