HomeMy WebLinkAboutOrder ED-10 - Fees for Special Temporary Use PermitsCVA
Page 1 of 2 4-8-20
Development Review Application COVID-19 Acknowledgment of Application Processing Delays On March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. On March 12, 2020, the Governor of the State of Montana issued Executive Order No. 2-2020 Declaring a State of Emergency to Exist Within the State of Montana Related to the Communicable Disease COVID-19. The City of Bozeman issued a COVID-19 emergency declaration on March 16, 2020. The City subsequently issued Order ED-05 setting forth public meeting protocols on March 31, 2020 and Order ED-06 closing City facilities to public entry, including the Stiff Professional Building, on March 23, 2020. Order ED-05 states in relevant parts, “In accordance with the Emergency Declaration, public meeting agendas will be limited to only essential matters. . . .” It describes notice requirements, the use of videoconferencing or telephonic technology to hold remote hearings, and providing the public an opportunity to participate remotely. A copy of Order ED-05 is attached to this form. On March 27, 2020 the Attorney General of the State of Montana issued a letter of guidance to local governments recommending public meetings be held only for essential business, and those public meetings be held remotely. Provisions in the emergency declarations and City of Bozeman Orders may restrict or delay the ability of the City to complete the review and finally approve certain development review applications.
Acknowledgment and signatures
This acknowledgement must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the submittal will be accepted and processed.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code the City’s COVID-19 Emergency Declaration and subsequent Orders issued by the City Manager. I acknowledge that the City may be delayed in the processing of my application and may not be able to complete the application review within standard time limits due to the constraints present under the emergency orders. I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Certification of Acknowledgment – I understand that there may be delays in the processing of my application and that it may reach a point in processing where it may not proceed to final approval and that I will not hold the City responsible for any delays presented under the emergency order.
Applicant Signature:
Printed Name:
Owner Signature:
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Printed Name:
Owner Signature
Printed Name:
If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC. Attach separate sheets for additional owner signatures.
Page 1 of 1 3-26-20
Development Noticing during COVID-19 Procedures
1. Once an application has been deemed adequate for continued review the project may be noticed. Planner must provide all required elements of the notice to the applicant not less than three (3) days before the date the notice must be posted and mailed.
2. The planner will develop a color pdf of the notice with the notice form on page one and the A1 form on page 2. The document is to be printed two sided.
3. The planner will come into the Stiff Building office and prepare the notice board for the applicant with information required for the notice. Project information is to be written on the notice board with a bold sharpie, and the color notice and project information is to be placed in plastic sleeves and taped to the notice board. The planner will set the notice on the south side of the Stiff Building on the east side of the vestibule supports underneath the entrance awning for applicant pickup and posting.
4. The applicant’s team: representative, applicant and owner will receive an email from the planner regarding the notice that the board is ready for pickup and posting along with three emailed attachments. 1) a copy of the notice; 2) notice instructions; and 3) the Notice Affidavit Form, N2 form.
5. The applicant is responsible for posting the notice on the project site per the instructions.
6. The applicant is responsible for mailing the notices for the project per the instructions.
7. For notice posting, the applicant must post the site in the locations specified and take pictures that show the notice on site and certify that the notice was posted on a specific date.
8. For mail noticing, the applicant must print the notice provided by the city in color and two sided with the notice on one side and the A1 form on the other. The applicant is responsible to fold the notices, place them in the required envelopes showing the city’s PO Box as the return address with postage, and to mail them by the date specified in the instructions. If there are certified mailings required, the applicant is required to pay for the certified mailings and use the city’s PO Box as a return address for all certifications per the instructions. The city no longer requires that the applicant provide a certified letter fee with subdivision applications as this is the responsibility of the applicant.
9. The applicant must complete the posting and mailing by the dates specified in the instructions and return the Notice Affidavit Form, N2 to the city by the date specified in the notice instructions. This affidavit must be completed, saved as a pdf, and emailed to the planner within three days of project noticing.
10. If the project is not noticed according the requirements of the Bozeman Municipal Code (BMC), the project may be delayed if the error is discovered during the review process or the project may be invalidated if an error is discovered following final approval. The applicant is responsible for following the noticing instructions provided by the city and for providing accurate notice materials as required by the BMC.
Page 1 of 4 4-8-20
Development Review Application Processing during COVID-19 (subject to change as needed) New Applications
1. The Planning Division can receive all application types at this time with some modifications. See the revised notice material and processing steps for all applications.
a. The following restrictions may delay or prevent certain applications from progressing in the review process or from gaining approval.
i. Projects that require certain advisory board review that include Planning Board and/or Zoning Commission public hearings or other advisory boards such as the Community Affordable Housing Advisory Board or the Recreation and Parks Advisory Board.
ii. Projects that require City Commission public hearing and/or approval.
b. Projects that fall into this category may be submitted with a signed acknowledgment form recognizing potential delays and limitations in the City’s ability to continue the review and/or review the project for approval.
c. The following applications are affected by these restrictions and may be submitted via Bozeman Cloud link at this time:
i. Annexation (ANNX) ii. Conditional Use Permit (CUP) iii. Growth Policy Amendment (GPA) iv. PUD Preliminary Plan (PUD) v. Subdivision Preliminary Plat (PP) vi. Subdivision Variance (SVAR) vii. UDC Text Amendment (ZTA) viii. Zoning Variance (ZVAR) ix. Zone Map Amendment (ZMA)
d. These application types may be submitted at the owners’ discretion with an acknowledgment form.
e. The City will review the project until the application is required to be reviewed by an advisory board that is not currently meeting. Staff will arrange advisory board meetings via WebEx or other technology as needed to timely review projects. If staff is unable to schedule an advisory board meeting for timely review of a project, staff must notify the City Attorney’s Office and Applicant of the delay.
f. The Planning Division Administrative Design Review staff will be completing all design reviews in place of the Design Review Board per BMC 2.05.3010 until such time that the Design Review Board meets again.
2. The Planning Division will receive the following applications at this time with no known limits to processing:
a. The following applications are being accepted at this time via Bozeman Cloud link for :
i. Master Site Plan (MSP) ii. Site Plan (SP) iii. Subdivision Final Plat (FP) iv. Special Use Permit (SUP
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v. Commercial Certificate of Appropriateness (CCOA) vi. Comprehensive Sign Plans (CSP) vii. Condominium Review (CR) viii. Extension to Approved Plan (EXT) ix. Improvement Agreement (IA) x. Modification to an Approved Plan (MOD) Only MOD applications that do not require DRC or public notice. xi. Neighborhood Certificate of Appropriateness (NCOA) xii. Reasonable Accommodation (RA) xiii. Security Reduction/Release (SRR) xiv. Special Temporary Use Permit (STUP) xv. Zoning Verification (ZVER) xvi. Subdivision Exemption (SE) xvii. PUD Concept Plan (PUDC) xviii. Subdivision Pre-Application [No RPAB review available] (PA) xix. PUD Final Plan (PUDF) xx. Concept Review (CONR) xxi. Informal (INF) xxii. Revisions and Corrections to Applications Under Review (RC)
b. If any of these applications require Advisory Board review, they may be delayed.
Existing Submitted Applications Under Review
1. The City will proceed through the review process for all application status types up to and until a COVID-19 emergency related constraint is reached. The City’s DRC and staff will continue the review of project applications, including revisions, until such time a constraint is reached.
2. Recently submitted applications that have not been processed.
a. The City will provide a schedule letter with new timing and COVID-19 language to be provided by the Director.
b. The applicant and owner must sign a COVID-19 acknowledgement form and submit it back to the City.
c. The planner can review the project and provide initial comments and/or prepare the application for approval.
d. The planner must coordinate the review with all divisions that are triggered by application type or project type. For example, DRC, Engineering, Parks, Forestry, Water/Sewer, Fire, Building, etc.
e. Applicants must use form RC for resubmittal if there is additional information or application revisions or corrections required. RC forms and revised materials will be accepted via Bozeman Cloud link provided by the planning division to the application representative.
f. Following initial review by the DRC, if the project requires Planning Board, Zoning Commission, Community Affordable Housing Advisory Board, the Recreation and Parks Advisory Board, and/or City Commission review, staff will arrange advisory board meetings via WebEx or other technology as needed for timely review projects. If staff is unable to schedule an advisory board meeting for timely review of a project, staff must notify the City Attorney’s Office and Applicant of the delay. .
g. Planner cleans up digital file and logs time into Naviline prior to project status set to RV pending revision until such time that a board hearing or meeting can be held.
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h. For projects not requiring noticing, Planning Board, Zoning Commission, Community Affordable Housing Advisory Board, Recreation and Parks Advisory Board, and/or City Commission review the application continues the review process, including revisions, until the project is ready for approval.
i. A staff report or approval letter is to be drafted by the planner for Director or designee digital signature. Approval review email must be sent to the Director or designee during the final review and approval of the project.
j. The planner sends digitally signed approval letter to the applicant’s team: Owner, applicant, representative.
k. Planner cleans up digital file and logs time into Naviline prior to project final.
3. Inadequate applications and applications that have not been noticed.
a. This is for applications where a first or second round of DRC comments have already been issued.
b. Applicants must use form RC for resubmittal. RC forms and revised materials will be accepted via Bozeman Cloud link provided by Planning Division to application representative.
c. If the project requires Planning Board, Zoning Commission, or City Commission review, the applicant will receive a schedule letter and Acknowledgement of Application Processing Delays form for project review and approval.
d. The planner cleans up digital file and logs time into Naviline prior to project status set to RV pending revision.
e. If application type is not restricted by the COVID-19 emergency RC forms will be accepted via Bozeman Cloud link provided by Planning Division to application representative.
f. The assigned planner will continue review of the application until final decision.
g. Review continues according to our regular process through adequacy and noticing.
h. Final plan sets may not be collected/stamped until the City/Planning Division reopens to the public.
i. A staff report is to be drafted by the planner for Director or designee digital signature. Approval review email must be sent to the Director or designee during the final review and approval of the project.
j. Final approval letter and a copy of the digitally signed staff report can be emailed to the applicant’s team: Owner, applicant, representative.
k. Planner cleans up digital file and logs time into Naviline prior to project final.
4. Adequate and notice completed applications.
a. The assigned planner will continue review of the application until final decision.
b. RC forms will be accepted via Bozeman Cloud link provided by Planning Division to application representative.
c. Final plan sets may not be collected/stamped until the City/Planning Division reopens to the public.
d. A staff report is to be drafted by the planner for Director or designee digital signature. Approval review email must be sent to the Director or designee during the final review and approval of the project.
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e. Final approval letter and a copy of the digitally signed staff report can be emailed to the applicant’s team: Owner, applicant, representative.
f. Planner cleans up digital file and logs time into Naviline prior to project final.
Bozeman Cloud Project Intake Process
1. Applicant emails planningtech@bozeman.net with signed A1 form and a list of all persons and emails who will
be uploading files.
2. Community Development Technicians assign a project number, create a project in Naviline, and create a folder in the Bozeman Cloud with limited function to upload only on the shared link and with a 7 day expiration date.
3. The Community Development Technician emails applicant and identified others the link to the shared folder and includes a project application number. The technician will send an acknowledgement of processing delays form
(CVA) if it is an applicable project type that may be subject to delays. The Bozeman Cloud Upload Link is live
for 7 calendar days. All staff communication on the application submittal is to the identified applicant.
4. The applicant uploads files in the required standard formats and organization as outlined in the PLS form. After
completing the application upload, the applicant sends an email to Planningtech@bozeman.net informing the City that all upload is complete.
5. The Community Development Technician checks the uploaded files for acceptability, verifies the submittal of the
CVA form, verifies the project type, and calculates the fee.
6. If the application is acceptable, the Community Development Technician will send the applicant an email with
the required application fee that is due, the application number, and a time to coordinate a call for the
Technician to receive payment over the phone. The Community Development Technician calls applicant and enters payment via credit card system. The applicant can choose to mail a check instead.
7. If the application needs revisions, the Community Development Technician sends corrections to applicant via email. The applicant must make the required corrections to the application and inform staff when the corrections
are ready for review. The Community Development Technician will create a revisions folder under the initial
individual project intake folder and emails link to applicant, the link is live for 7 calendar days.
8. Applicant emails Planningtech@bozeman.net to inform the City when they have completed uploading revisions.
9. The procedures for revisions and corrections via an RC form follows the same procedures except for the payment process.
10. No paper plans or documents are submitted at initial application. If original documents or full size plans are
required in the review process they may be submitted via the document transfer procedures outlined in a separate document.
Page 1 of 1 3-26-20
Transfer of Original Documents via Dropbox to the Planning Division during COVID-19
1. The City of Bozeman Planning Division offices are closed to the public.
2. The following documents may be delivered to the City via a dropbox at the Alfred Stiff Building at the applicant’s risk: original easements, original improvements agreements, mylars and similar documents, original letters of credit, original parking agreements, and other legal documents related to development review.
3. The drop box is located on the south side (parking lot) side of the Alfred Stiff Building at 20 E. Olive Street under the building entrance awning.
4. You may leave documents in the dropbox at any time. The boxes will be picked up and brought inside the building on Tuesdays and Thursdays at 5pm. A new box will be placed out at that time.
5. Each item packet must include a cover letter clearly outlining which project the documents are related by providing the application file number and the project planner’s name clearly shown and a date that the documents were placed in the dropbox.
6. The applicant and representative must email the project planner a description of what was dropped off and when. The planner will confirm with the applicant when the item has been received, within 48 hours of pick up on Tuesdays and Thursdays.
7. There will be a 24 hour delay between when the city removes the paper documents from the dropbox and 72 hour delay for mylar items for processing in order to limit transmission of the COVID-19 coronavirus.
8. The city asks that all applicants and representatives practice the hygiene and protocols as recommended by the CDC for the COVID 19 emergency in order to limit virus transmission.
Page 1 of 1 3-26-20
Planning Division Occupancy Inspections and Review during COVID-19
1. Field inspections will continue as normal as possible, but planners are required to limit contact with people on the jobsite.
2. We are asking that contractors email a notice for occupancy inspection to planningtech@bozeman.net at the same time as you make a request to the Building Division. Please include the project number and title in the subject line. Remember that any occupancy requires all required work to be fully completed or financially guaranteed. If you know you won’t have everything finished please start the paperwork for an improvements agreement application early. The planner will reach out to your designated contact to schedule an inspection.
3. The planner will email you their inspection findings. If there are corrections that you have questions about, you’ll need to discuss them with the planner by phone or email. At this time, the planner is not permitted to discuss these items face to face.
4. We ask that you make sure that you are ready for the inspection before you finalize a schedule with the planner. This includes submittal of the required letters of certification from the required design professionals, e.g. architects, landscape architects, civil engineers.
5. If you need an improvements agreement, give yourself plenty of time. The delay in repeated corrections and reinspections will be worse than the cost of over-guaranteeing a few items. The application for the improvements agreement must clearly identify those items to be guaranteed and the individual and total costs.
N2
Notice Declaration Page 1 of 2 Revision Date 4-8-20 Required Forms: N1, N2, N3
NOTICING DECLARATION This declaration is required to be completed for all projects requiring notice. APPLICATION Name: ______________________________________Type: ______________________________ File No: _________________ NOTICE POST DATE AND PHOTOGRAPHS The project notice board was posted on the project site per the notice instructions on: Month ___________________________Day ______________________________Year _________________________. Two photographs of the notice board(s) posted on site are provided below (insert .pdf photos in the space provided below) NOTICE PHOTOGRAPHS
NOTICE MAIL DATE The project mail notice was prepared according to the notice instructions and placed into the US Mail on: Month ___________________________Day ______________________________Year _________________________. DECLARATION I, _____________________________________________, hereby certify that the notice board was posted on site and the project notice was mailed to all adjoining property owners (including all condominium owners, within 200 feet of the property) located at ________________________________________________________ on the dates specified above. I verify that the site was posted and the project notice was mailed according to the dates noted on this form. I declare under penalty of perjury and under the laws of the state of Montana, that the foregoing is true and correct. ___________________________________________________ Date: __________________________________ Signature
Notice Declaration Page 2 of 2 Revision Date 4-8-20 Required Forms: N1, N2, N3
________________________________________________________ Printed Name _________________________________________________________ Address CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771
phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net
N3
Notice Instructions Page 1 of 2 Revision Date 03-30-20 Required Forms: N1, N2, N3
NOTICING INSTRUCTIONS The applicant is responsible for posting the project site and mailing a notice per the requirements of the Bozeman Municipal Code (BMC). Public noticing for comment periods or hearings and associated application information, timing, type, and location is required by law per BMC Chapter 38.220. The following instructions are to be followed for project noticing. POSTING THE NOTICE ON THE SITE What is the post notice?
► The notice is posted via a notice sign board that is weather proof and that is available in two sizes that will be provided by the City depending on project size. ► Two notice boards may be provided depending on project size and location.
► The project planner will determine the notice board size and number of notice boards to be provided. How to obtain the notice?
► The city prepares and provides the notice board(s) to be picked up by the applicant/representative at the Stiff Building. You will receive an email that the notice is available for pickup. ► The project applicant/representative is responsible for picking up the notice board(s) underneath the entrance awning on the south side (parking lot side) of the Alfred Stiff Building at 20 E. Olive Street. When to post? ► The date that the notice must be posted on site is identified on the notice as the post-to-site date.
► You must post the notice(s) on the site by the end of business hours on ______________________________________________. How to post notice?
► The notice board(s) can be affixed to a stake (metal, wood, etc.), fence, exterior of building or window on primary façade, etc. using durable material that meets the visibility criteria below. ► Do not attach the sign to utility poles or other objects not owned by the applicant.
► The applicant/representative is responsible for providing the posting materials.
Where to post?
► On the property (not in the public right-of-way), no more than 15’ behind the property boundary.
► Visible from the primary public right-of-way, ideally at the corner of the most highly trafficked intersection. ► For this project post the notice(s) signs:__________________________________________________________________________________________ ► The signs must be posted at an adequate height so as to be visible around landscaping, snow, ditches, berms, etc.
► City staff will verify the notice location(s) during project site visit(s).
What else is required?
► The applicant/representative must verify the posting date and take two pictures of the notice(s) posted on site to be placed in the N2 Form, Declaration of Notice and return that completed form to the city within three days of posting. ► Email the pdf of the N2 form to the project planner who contacted you regarding your notice sign availability. ► The notice boards must be removed and returned to the city no later than one month following the project decision. Return the signs to the location where you picked them up.
► Update your project schedule to include sign retrieval. MAILING A NOTICE What is the mail notice?
► The mail notice is an 8½” x 11” color sheet of paper with a legal notice prepared by the city on one side and project information provided by the applicant on the other. ► Notices are mailed to adjoining property owners of the project site. ► The notice list of adjoining property owners is provided by the applicant with the N1 notice requirements form.
Zone Text Amendment Required Materials ZTA Page 2 of 2 Revision Date 1-05-16 Required Forms: A1 Recommended Forms: Required Forms:
How to obtain the notice to be mailed? ► The project planner will email a color pdf document that includes the notice to the applicant/representative at the same time that a notice board is ready for pickup.
When to mail?
► The date that the notice must be mailed to adjoining property owners is identified on the notice as the notice mail date.
► The applicant/representative is responsible for preparing and mailing the notice by the notice mail date. ► The prepared envelopes including the project notice must be placed in the US Mail by the end of business on notice mail date.
How to mail?
► The applicant/representative is responsible to provide the envelopes addressed to each adjoining property owner as required in the N1 form, and include the city’s return mail address on each envelope: City of Bozeman PO Box 1230 Bozeman, MT 59771, and postage.
► The applicant/representative is responsible to print the notices in color and two sided to include both the notice and project information. ► The applicant is responsible to insert the notice into the envelopes and mail by the required notice mail date on the notice. ► If certified mail is required for subdivisions, the applicant/representative is responsible to complete certified mailings for all contiguous property owners to the subdivision. The city’s return mail address above must be provided on the certified mailing along with the city’s subdivision file number. Where to mail? ► The postage paid envelopes are accepted at any US Post Office or can be picked up by your Postal carrier. What else is required?
► The applicant/representative must verify the mail date and certify that the notice was mailed in the N2 Form, which includes a Declaration of Notice. Return that form to the city within three days of mailing. ► Email the pdf of the completed N2 form to the project planner who emailed you the notice. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771
phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net