HomeMy WebLinkAbout11-16-21 City Commission Meeting Agenda and PACKET MATERIALSA.Call to Order - 6:00 PM - WebEx Videoconference
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Stewart)
F.2 Authorize the Mayor to Sign a Findings of Fact and Order for the Annie Subdivision Phase 4
Preliminary Plat, Application 21201(Miller)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, November 16, 2021
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You may also send the above information via text to 406-224-3967. As always, the meeting will be
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F.3 Authorize the City Manager Sign a Montana Forest Action Plan Grant Agreement with the
Montana Department of Natural Resources and Conservation for the Bozeman Municipal
Watershed Cross-Boundary Forest Collaboration Project to Provide Funding for Phase 3 of
the Sourdough Fuels Reduction Project(Heaston)
F.4 Authorize the City Manager Sign a Forest Health Program Subaward Agreement with the
Montana Department of Natural Resources and Conservation for the Sourdough Creek Fuels
Reduction Project Campaign(Heaston)
F.5 Authorize the City Manager to Sign a Master Services Purchase Agreement and Statement of
Work with Upstate Wholesale Supply Company D/B/A “Briteâ€, to Purchase a Fully
Integrated Body-Worn Camera, Interview Room Video, Patrol Car Video, and Mobile Data
Terminal System, Including Hardware, Software, Cloud Storage and Warranty.(Klumb)
F.6 Authorize the City Manager to Sign a Professional Services Agreement with Advantage
Spraying Services Inc. to Provide Snow Removal Services for the City of Bozeman Parks and
Trails District(Kline )
F.7 Authorize the City Manager to Sign a Professional Services Agreement with Clean Slate
Group LLC. to Provide Snow Removal Services for the City of Bozeman Parks and Trails
District(Kline )
F.8 Authorize the City Manager to Sign a Task Order 7 of the Stormwater Design Professional
Services Master Task Order Agreement with DOWL, LLC for the South Tracy Stormwater
Improvements(Oliver)
F.9 Resolution 5356 Authorizing Prime Change Order 14 with Langlas and Associates for
Construction of the Bozeman Public Safety Center(Winn)
F.10 Resolution 5358 Appointing the Billings City Attorney as a Special Prosecutor in the Matter
of KB(Saverud)
F.11 Ordinance 2062 Final Adoption to Revise Language for Clarity and Consistent Application of
First Floor Required Height Standards in Five Mixed-Use and Non-Residential Zoning
Districts, and Revise Paragraph A.1 of Subchapter 4b of the Bozeman Guidelines for Historic
Preservation and the Neighborhood Conservation Overlay District. No Changes to Maximum
Height Dimensional Standards are Included with this Amendment. Revise Affected Sections
to Implement the City Commission Directed Revisions(Miller)
F.12 Ordinance 2092 Final Adoption Amending Bozeman Municipal Code Section 2.03.540
governing Gifts, Gratuities, and Favors(Giuttari)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
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and limit your comments to three minutes.
H.Special Presentation
H.1 Fifth Quarterly Report on Bozeman as an Inclusive City (Mihelich )
I.Action Items
I.1 Ordinance 2091 Provisional Adoption to Update to Accessory Dwelling Unit (ADU) Standards
 to Revise the Standards for Ground Floor ADUs in All Applicable Zoning Districts by
Requiring that Ground Floor ADUs Must Either Have Alley Access or a Pedestrian Connection
to a Sidewalk or the Adjacent Right-of-way; This amendment Will Also Revise the Standards
for all ADUs by Removing the Requirement to Provide Minimum Parking(Miller)
I.2 Ordinance 2089 Provisional Adoption Amending Chapter 38 Unified Development Code to
for Subdivision Review Procedures And Associated Development Standards Update Text
Amendment to Conform to Amended State Law and Improve Processes, Â Application
21338(Saunders)
J.Appointments
J.1 Appointments to Citizen Advisory Boards (Maas)
K.FYI / Discussion
L.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Levi Stewart, Interim Accounting Technician
Kristin Donald, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission approves payment of the claims.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until
they have been first presented to the City Commission. Claims presented to
the City Commission have been reviewed by the Finance Department to
ensure that all proper supporting documentation has been submitted, all
required departmental authorized signatures are present indicating that the
goods or services have been received and that the expenditure is within
budget, and that the account coding is correct.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
http://www.bozeman.net/government/finance/purchasing. Individual claims
in excess of $100,000: to be announced in weekly e-mail from Interim
Accounting Technician Levi Stewart.
Report compiled on: November 4, 2021
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Memorandum
REPORT TO:City Commission
FROM:Jacob Miller, Associate Planner
Martin Matsen, Director of Community Development
SUBJECT:Authorize the Mayor to Sign a Findings of Fact and Order for the Annie
Subdivision Phase 4 Preliminary Plat, Application 21201
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Authorize the Mayor to Sign a Findings of Fact and Order for the Annie
Subdivision Phase 4 Preliminary Plat, Application 21201
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The Department of Community Development received a Preliminary Plat
Application on June 2, 2021 requesting to subdivide 3.241 acres to create 20
townhouse lots, 2 multi-household lots, 1 single-household lot and 1 open
space lots. The property will have access from the continuation of Rogers
Way onto N. 25th Ave. The property is zoned R-3. After the City Commission
reviewed and considered the application materials, staff report, advisory
review board recommendations, public comment, and all the information
presented, they made individual findings and voted 5:0 to approve the
motion to approve the application. The Commission agreed that the
application met the criteria established by the Bozeman Municipal Code.
Therefore, the application was approved with conditions and applicable
code provisions outlined in these findings. The City Commission’s review,
deliberation and findings may be found under the linked minutes and
recorded video of the meetings located at this web paged filed under
October 5, 2021: https://www.bozeman.net/government/city-
commission/city-commission-video
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Approve the application with the recommended conditions; 2. Approve
the application with modifications to the recommended conditions; 3. Deny
the application based on the Commission’s findings of non-compliance with
the applicable criteria contained within the staff report; or 4. Continue the
public hearing on the application, with specific direction to staff or the
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subdivider to supply additional information or to address specific items.
FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to
deliver municipal services to the property. Impact fees will be collected at
the time of issuance of building permits for individual developments along
with City sewer and water connection fees.
Attachments:
21201 Annie Subdivision Ph. 4 PP FOF.pdf
PlatSheet1of3_07262021.pdf
PlatSheet2of3_07262021.pdf
PlatSheet3of3_07262021.pdf
Report compiled on: November 2, 2021
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21201 Findings of Fact for Annie Ph. 4 Major
Subdivision Page 1 of 23
Bozeman City Commission Findings of Fact and Order for the Annie Ph. 4
Major Subdivision Preliminary Plat 21201
Public Hearing Date:
Planning Board meeting was held Monday, September 20, 2021 at 6:00 pm. Link:
https://bozeman.granicus.com/player/clip/152?view_id=1&redirect=true
City Commission meeting was held Tuesday, October 5, 2021 at 6:00 pm via WebEx.
Link: https://bozeman.granicus.com/player/clip/158?view_id=1&redirect=true
Project Description: A major preliminary plat subdivision application of 3.241 acres that
includes 16 townhouse lots, 2 multi-household lots, 1 single-household lot, and 1 open
space lot.
Project Location: The property is legally described as Lot 1 of Annie Subdivision Ph. 3C,
Section 2, Township 2S, Range 5E.
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 21201 and move to approve the subdivision with conditions
and subject to all applicable code provisions.
Report Date: November 2, 2021
Staff Contact: Jacob Miller, Associate Planner
Karl Johnson, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
The Department of Community Development received a Preliminary Plat Application on June 2,
2021 requesting to subdivide 3.241 acres to create 20 townhouse lots, 2 multi-household lots, 1
single-household lot and 1 open space lot. The site had an existing single-household lot and shop
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 2 of 23
that have been permitted to be demolished. The property will have access from the continuation
of Rogers Way onto N. 25th Ave. The property is zoned R-3.
On September 2, 2021 the Development Review Committee (DRC) found the application
adequate for continued review and recommends the conditions and code provisions identified in
this report.
The subdivider did not request any subdivision or zoning variances with this application. The
City did not receive any written public comment on the application as of the writing of this
report.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. The Development Review
Committee (DRC) deemed the application adequate for continued review on September 2, 2021.
Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny
the subdivision application by November 10, 2021, unless there is a written extension from the
developer, not to exceed one year.
The public hearing date for the City Commission meeting was held Tuesday, October 5, 2021 at
6:00 pm via WebEx.
The City Commission met to consider the application for a preliminary plat for the subdivision
of 3.241 acres into 20 lots, including 16 townhouse lots, 2 multi-household lots, 1 single-
household lot, and 1 open space lot. There were no public comments at the hearing.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under October 5, 2021:
https://www.bozeman.net/government/city-commission/city-commission-video
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 3 of 23
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 9
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 12
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 12
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 13
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 15
Preliminary Plat Supplements ........................................................................................... 16
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 22
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 4 of 23
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 23
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 23
FISCAL EFFECTS ....................................................................................................................... 23
ATTACHMENTS ......................................................................................................................... 23
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 5 of 23
SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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21201 Findings of Fact for Annie Ph. 4 Major
Subdivision Page 6 of 23
Exhibit 2 – Community Plan 2020 Future Land Use
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21201 Findings of Fact for Annie Ph. 4 Major
Subdivision Page 7 of 23
Exhibit 3 – Current Land Use
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 8 of 23
Exhibit 4 – Preliminary Plat
Exhibit 5 – Landscaping Plan
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21201 Findings of Fact for Annie Ph. 4 Major
Subdivision Page 9 of 23
SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The final plat must conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include three (3) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County
Clerk & Recorder’s office has elected to continue the existing medium requirements of 2
mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and
Recorder will file the new Conditions of Approval sheet as the last same sized mylar
sheet in the plat set.
3. The watercourse setback must be removed from the plat prior to final plat approval.
4. The existing sewer septic system(s) must properly abandoned prior to final plat approval.
5. The applicant must complete the installation of the Rapid Rectangular Flashing Beacon
(RRFB) at the intersection of N. 25th Ave. and Durston Rd. as called for in the
Transportation Master Plan, prior to approval of Final Plat.
6. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) or special
districts. The provided draft SID waiver is acceptable. The applicant must provide a copy
of the filed SID waiver prior to Final Plat approval.
7. Due to the known high groundwater conditions in the area no basements will be permitted
with future development of the site. No crawl spaces will be permitted with future
development of the site, unless a professional engineer registered in the State of Montana
certifies that the lowest point of any proposed structure is located above the seasonal high
groundwater level and provide supporting groundwater data prior to the release of building
permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 10 of 23
system or the drainage system unless capacity is designed into the drainage system to
accept the pumped water. Water from sump pumps may not be discharged onto streets,
such as into the curb and gutters where they may create a safety hazard for pedestrians and
vehicles.
8. The responsibility of maintenance for the stormwater facilities, stormwater open space lots,
pedestrian open space lots and street frontage landscaping for the perimeter streets must be
that of the property owners’ association. Maintenance responsibility must include, all
vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way
boulevard strips along all external perimeter development streets. The property owners’
association must be responsible for levying annual assessments to provide for the
maintenance, repair, and upkeep of all perimeter street frontage landscaping and
stormwater facilities and all open space landscaping.
9. Remove General Notes 2 and 3 on the Conditions of Approval sheet. The utility easement
language is already present in the legal description and a separate easement document will
be required to clarify location and size of the easement. A separate public access easement
must be provided to grant public access over the open space lot.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.220.070. - Final plat.
a. The final plat must conform to all requirements of the Bozeman Municipal Code
and the Uniform Standards for Monumentation, Certificates of Survey, and Final
Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM)
and must be accompanied by all required documents, including certification from
the City Engineer that record drawings for public improvements were received, a
platting certificate, and all required and corrected certificates.
b. A letter from the city engineer certifying that the following documents have been
received:
i. As-built drawings, i.e., copies of final plans, profiles, grades and
specifications for public improvements, including a complete grading and
drainage plan.
c. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding
must be entered into by the weed control district and the developer. The
memorandum of understanding must be signed by the district and the developer
prior to final plat approval, and a copy of the signed document must be submitted
to the community development department with the application for final plat
approval.
d. Irrigation system as-builts. The developer must provide irrigation system as-builts,
for all irrigation installed in public rights-of-way and/or land used to meet parkland
dedication requirements, once the irrigation system is installed. The as-builts must
include the exact locations and type of lines, including accurate depth, water source,
heads, electric valves, quick couplers, drains and control box.
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 11 of 23
e. A conditions of approval sheet addressing the criteria listed in this section must be
provided with the final plat as set forth in 24.183.1107 ARM and must:
i. Be entitled "Conditions of Approval of Annie Phase 4 Subdivision with a
title block including the quarter-section, section, township, range, principal
meridian, county, and, if applicable, city or town in which the subdivision
is located.
ii. Contain any text and/or graphic representations of requirements by the
governing body for final plat approval including, but not limited to, setbacks
from streams or riparian areas, floodplain boundaries, no-build areas,
building envelopes, or the use of particular parcels.
iii. Include a certification statement by the landowner that the text and/or
graphics shown on the conditions of approval sheet(s) represent(s)
requirements by the governing body for final plat approval and that all
conditions of subdivision application have been satisfied.
iv. Include a notation stating that the information shown is current as of the
date of the certification, and that changes to any land-use restrictions or
encumbrances may be made by amendments to covenants, zoning
regulations, easements, or other documents as allowed by law or by local
regulations.
v. Include a notation stating that buyers of property should ensure that they
have obtained and reviewed all sheets of the plat and all documents recorded
and filed in conjunction with the plat, and that buyers of property are
strongly encouraged to contact the local community development
department and become informed of any limitations on the use of the
property prior to closing.
vi. List all associated recorded documents and recorded document numbers.
vii. List easements, including easements for agricultural water user facilities.
2. Sec. 38.270.030 - Completion of Improvements.
a. If it is the developer’s intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the City of
Bozeman guaranteeing the completion of all improvements in accordance with the
preliminary plat submittal information and conditions of approval. If the final plat
is filed prior to the installation of all improvements, the developer shall supply the
City of Bozeman with an acceptable method of security equal to 150 percent of
the cost of the remaining improvements.
3. Sec. 38.240.450 - Certificate of completion of non-public improvements.
a. Certificate must specifically list all installed improvements and financially
guaranteed improvements.
4. Sec. 38.410.060. - Easements.
a. All Easements indicated below must be provided on city standard easements
templates. Drafts must be prepared for review and approval by the city. Signed
hard copies of the easements must be submitted to the City prior final plat
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 12 of 23
approval. The applicant may contact the review engineer to receive standard
templates.
b. The applicant must provide a ten foot utility easement (power, gas,
communication, etc.) along the developments property frontage.
c. The applicant must provide a storm drainage easement along the proposed storm
sewer main and detention facility.
d. The final plat must provide all necessary utility easements and they must be
described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
5. Sec. 38.410.130 - Water Adequacy.
a. Subject to subsections B and C, prior to final approval by the review authority of
development occurring under this chapter or chapter 10, the applicant must offset
the entire estimated increase in annual municipal water demand attributable to the
development pursuant to subsection D.
i. Payment-in-lieu of water rights must be made for the townhouse lots prior
to final plat approval.
6. Sec. 38.410.130.C.2 - Water Adequacy.
a. Compliance with this section is deferred for the following developments until the
occurrence of future development if the applicant records a notice of restriction on
future development in a form acceptable to the review authority with the Gallatin
County Clerk and Recorder: Individual lots of a subdivision final plat planned for
future multiple-household development.
i. A note must be included in the conditions of approval sheet indicating lots
which will require future payment of cash-in-lieu of water rights upon
future development.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was adequate for
continued review and recommended approval with conditions on September 1, 2021.
Planning Board meeting was held Monday, September 20, 2021 at 6:00 pm. Link:
https://bozeman.granicus.com/player/clip/152?view_id=1&redirect=true
The City Commission’s review, deliberation and findings may be found under the linked
minutes and recorded video of the meetings located at this web paged filed under October
5, 2021.
https://www.bozeman.net/government/city-commission/city-commission-video
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 13 of 23
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board and City Commission public hearings were properly noticed in
accordance with the Bozeman Municipal Code. Based on the recommendation of the
Development Review Committee (DRC) and other applicable review agencies, as well as any
public testimony received on the matter, the City Commission will make the final decision on the
subdivider’s request.
The Department of Community Development received a preliminary plat application on June 2,
2021. The DRC reviewed the preliminary plat application and determined the submittal did not
contained detailed, supporting information that was sufficient to allow for the continued review
of the proposed subdivision on July 7, 2021.
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 14 of 23
A revised application was received on August 4, 2021. The DRC determined the application was
adequate for continued review on September 1, 2021 and recommended conditions of approval
and code corrections for the staff report.
The City scheduled public notice for this application for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Friday, September 3, 2021 for postings on Sundays,
September 5 and September 12, 2021. The applicant posted public notice on the subject property
on September 5, 2021. The applicant sent public notice to physically adjacent landowners via
certified mail, and to all other landowners of record within 200-feet of the subject property via
first class mail, on September 5, 2021. Four written public comments have been received as of
the writing of this report. Three of the public comments expressed concern over the subdivision
and the increased traffic at the intersection of North 25th Avenue and Durston Road and the
safety issues this causes for school children and pedestrians crossing Durston Road. This issue
will largely be resolved with the installation of a Rectangular Rapid Flashing Beacon at the
intersection. One public comment supported the additional density and housing diversity that the
subdivision will provide
On September 16, 2021 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement No. 4, requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities are
located within dedicated street right of ways.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat.
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 15 of 23
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture. The City of Bozeman Community Plan designates
the subject property as Urban Neighborhood designation which allows for the proposed uses.
The lot is currently vacated residential land with no significant agricultural uses.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
3) The effect on Local services
Water/Sewer – The existing water and sewer mains located in Roger’s Way will be extended
with this development and will provide adequate service to all newly constructed residential
uses.
Utilities – Utilities to serve the residential lots will be constructed with phase I and will connect
to the main extensions provided with this development. Standard 10-foot front yard utility
easements have been provided across the lots.
Streets – This project will construct the continuation and connection of Roger’s Way and
Daffodil Street through the site, completing the street grid in the area and providing a higher
level of connectivity for the existing neighborhoods. Per City Pre-Application comments, the
applicant will construct a Rapid Rectangular Flashing Beacon (RRFB) at the intersection of N.
25th and Durston Road. The existing curb cuts along Durston will be abandoned as part of the
project. The applicant has also requested to construct the Roger’s Way at a grade of 0.43% which
is less than the minimum allowable of 0.5%. This has been reviewed by the Engineering
Division and found to be acceptable.
Police/Fire – The City’s Police and Fire emergency response area includes the subject property.
This subdivision does not impact the City’ ability to provide emergency services to the property.
Stormwater – Stormwater is proposed to be managed on-site with this development. Two
drainage basins are proposed due to the grading of Roger’s Way. A detention pond located in the
open space lot will manage stormwater from the larger (east) basin. Stormwater will convey to
the pond via curbflow and an underground pipe located within a stormwater drainage easement
between lots 9 and 10. The smaller (west) basin will allow infiltration through a low-impact
stormwater design constructed from cobble infiltration galleries adjacent to the lot. The applicant
has requested that the stormwater drain pipe that crosses Roger’s Way near the north-center
portion of the site be allowed to be buried to a minimum depth of 12 inches, as opposed to the
standard of 2 feet. This has been reviewed by the Engineering Division and found to be
acceptable.
Parkland – Cash-in-lieu of parkland will be provided with this development, as determined by
the Parks Department.
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 16 of 23
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. The subdivision is
zoned for residential development and is surrounded by adjacent residentially zoned properties
that are fully developed. There are no known endangered or significant wildlife populations on
the property.
6) The effect on Public health and safety
With the recommended Conditions of Approval and required plat corrections, the subdivision
will not significantly impact public health and safety. The intent of the regulations in Chapter 38
of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The
DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in
compliance with the title. This staff report notes all other conditions deemed necessary to ensure
compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-
608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community
Development reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
This report includes findings to justify the recommended site-specific Conditions of Approval for
reasonable mitigation of impacts from the proposed minor subdivision.
Preliminary Plat Supplements
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on February 10, 2021 and no variances were requested. The applicant requested and was
granted waivers for Wildlife, Historical Features, Agriculture, and Neighborhood Center Plan.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.220.060.A.1 – Surface water
This subdivision will not significantly impact surface water. An existing stream runs near the
eastern boundary of the property and will be protected by a 50’ watercourse setback.
38.220.060.A.2 - Floodplains
No mapped 100-year floodplains impact the subject property. A floodplain was mapped with
Phase 3C of the subdivision and is well within the 50’ watercourse setback. No construction
within or near the floodplain will occur.
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 17 of 23
38.220.060.A.3 - Groundwater
A geotechnical site evaluation was completed in March 2021 and included seven test pits, the
majority of which remained dry, indicating there are no issues due to deep groundwater, however
a condition of approval will restrict the construction of basements.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities
identified on site.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. A waiver for wildlife was granted during
the Pre-Application process.
38.220.060.A.7 - Historical Features
This subdivision will not significantly impact historic features. A waiver for historical features
was granted during the Pre-Application process.
38.220.060.A.8 - Agriculture
This subdivision will not impact agriculture. A waiver for agriculture was granted during the
Pre-Application process.
38.220.060.A.89 - Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
38.220.060.A.10 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations.
38.220.060.A.111 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.12 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development and the existing neighborhoods by
completing the street grid in the area. The extension of Roger’s Way to N. 25th will give this
proposed development quick access to Durston Rd., a minor arterial classified street. A traffic
impact study was waived by Engineering upon reviewing a trip generation analysis provided by
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 18 of 23
the applicant. The peak hour trips for the proposed development are shown to be that there would
be 4 trips entering the development and 12 trips exiting during AM peak-hours, and 12 trips
entering and 8 trips exiting during peak-hour trips. This proposed subdivision will include City
standard sidewalks along Roger’s Way, increasing the pedestrian connectivity in the area as
whole.
38.220.060.A.13 - Utilities
This subdivision will not significantly impact existing utilities. See discussion above under
primary review criteria. The applicant will extend existing public water/wastewater mains
through Roger’s Way to support the proposed development. The applicant has received
confirmation of future service from Northwestern Energy and internet providers.
38.220.060.A.14 - Educational Facilities
This subdivision will not significantly impact educational facilities. The applicant has contacted
the Director of Facilities for the Bozeman Public Schools who has indicated that the
development will not significantly impact enrollment.
38.220.060.A.15 - Land Use
The subdivision will not significantly impact land use. The proposed subdivision will create 16
townhouse lots, 2 multi-household lots, one single-household lot, and 1 open space lots.
38.220.060.A.16 - Parks and Recreation Facilities
This proposed subdivision will be required to provide cash-in-lieu of parkland as determined by
the Parks Department. Because this is an infill development of only 3.24 acres, there is not
adequate land within the subject property to accommodate a new park. There are several parks in
the area that are within a 10 minute walk from the proposed development; Harvest Creek Park
which is part of a large north-south trail system that has connectivity throughout the west side of
Bozeman, and Kirk Park which features baseball diamonds, large open fields and a skate park.
38.220.060.A.17 - Neighborhood Center Plan
The subdivision was granted a waiver neighborhood center plan during Pre-Application review
for the project because this project will not be providing a neighborhood center due to the
relatively small size of the development area.
38.220.060.A.18 - Lighting Plan
This subdivision will not significantly impact lighting. The applicant conducted an evaluation of
the existing lighting along Durston Rd. which was reviewed by Engineering and determined that
no additional lighting is required.
38.220.060.A.19 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be
created with this development.
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 19 of 23
38.220.060.A.20 - Affordable Housing
The City’s Legal Division has advised that due to the state’s adoption of HB 259 related to
inclusionary zoning, the City will not enforce the requirements for affordable housing cash in
lieu as originally required during the preliminary plat and as reflected in the findings of fact. The
affordable housing plan and plat notes related to affordable housing and cash in lieu have been
removed from this application or will be eliminated prior to final plat.
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to
evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to
determine whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on October 5, 2021 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, clarified unresolved issues and summarized the public comment submitted to
the City prior to the public hearing.
D. The applicant, WGM Group, acknowledged understanding and agreement with the
recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on June 8, 2021
and received one comment voicing opposition to the project. The public comment may be
found under the linked minutes and recorded video of the meetings located at this web
paged filed under October 5, 2021:
https://www.bozeman.net/government/city-commission/city-commission-video
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section
Chapter 38, BMC, and considering all matters of record presented with the application
and during the public comment period defined by Chapter 38, BMC, the City
Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before them regarding this
application, the City Commission makes the following decision.
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 20 of 23
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 3 of this report. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justify the
conditions imposed on this development to ensure that the final site plan and subsequent
construction complies with all applicable regulations, and all applicable criteria of
Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by
the City Commission, by following the procedures of Section 76-3-625, MCA. The
preliminary approval of this single phased major subdivision shall be effective for two (2)
years from the date of the signed Findings of Fact and Order approval. At the end of this
period the City may, at the request of the subdivider, grant an extension to its approval by
the Community Development Director for a period of mutually agreed upon time.
DATED this ______ day of ___________, 2021
BOZEMAN CITY COMMISSION
____________________________
Cindy Andrus
Mayor
ATTEST
_______________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
___________________________
GREG SULLIVAN
City Attorney
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 21 of 23
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-3, Residential Medium Density District. The intent of the R-3
residential medium density district is to provide for the development of one- to five-household
residential structures near service facilities within the city.
Adopted Growth Policy Designation:
The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single
type of housing are discouraged. In limited instances, an area may develop at a lower gross
density due to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations, churches, schools,
and some neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to occur
within municipal boundaries. This may require annexation prior to development.
This proposed subdivision is well-suited to implement the Urban Neighborhood by providing
lots that will support a variety of housing types including townhouses, multi-household, and
single household units in an existing developed residential area that is predominantly detached
single-household units. The townhouse and multi-household lots will support construction of
“missing middle” housing which is contemplated throughout the Bozeman Community Plan
2020. The proposed subdivision is also located in a central area with relatively quick access to a
variety of goods and services.
The growth policy encourages development to be walkable, which is defined in the glossary as:
Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
With the complexity of features needed to create a walkable environment, no one site is likely to
provide all the needed elements. The additional density will help provide for element two with
potential for additional persons in the area.
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 22 of 23
The site has a Walk Score of 60, a Transit score of 24, and a Bike Score of 58. Average walk
score for the city as a whole is 48 out of 100. These values are provided by Walk Score, a private
organization which presents information on real estate and transportation through
walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an
indication of safety or continuity of services or routes. Scores are influenced by proximity of
housing, transit, and services and expected ability, as determined by the algorithm, to meet basic
needs without using a car. This site is an infill development, surrounded by existing residential
uses with complimentary uses such as schools, parks, grocery stores, and employment
opportunities within a relatively short distance. There are no adopted development standards
relating to the walk score.
The proposed development is roughly 0.4 miles to Kirk Park, which provides a variety of
recreational opportunities from sports fields, baseball/softball diamonds and a skate park.
Harvest Creek Park, which is part of a larger predominantly north-south oriented trail system that
connects to many prominent parks on the west side of Bozeman, including the Bozeman Pond
and Gallatin Regional Park is roughly 0.2 miles away. The closest grocery store is the Town &
Country Foods on N. 19th avenue which is roughly 0.7 miles from the proposed development.
The two closest schools are the Emily Dickinson School and Summit School which are both
within a half-mile from the proposed development. The Streamline Yellowline has a stop on
Durston Rd. and Hunter’s Way which is rough 0.3 miles away from the proposed development.
There are also a variety of office uses along N. 19th, a relatively short distance from the proposed
development which may provide employment opportunities nearby.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.1 Promote housing diversity, including missing middle housing
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
N-1.11 Enable a gradual and predictable increase in density in developed area over time
N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household)
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, WGM Group, 109 E. Main St., Ste. B, Bozeman,
MT 59715, representing the property owner Russell Hosner, LLC, 7003 Jackson Creek Road,
Bozeman, MT 59715.
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21201 Finding of Fact for Annie Ph. 4 Major Subdivision Page 23 of 23
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
hearing per BMC 38.220.420, The City scheduled public notice for this application on
September 4, 2021 for publication in the legal advertisements section of the Bozeman Daily
Chronicle on Sunday, September 5 and Sunday, September 12, 2021. The applicant posted
public notice on the subject property on September 5, 2021. The City sent public notice to
physically adjacent landowners via certified mail, and to all other landowners of record within
200-feet of the subject property via first class mail, on September 5, 2021.
Four public comments were received by the time this report was compiled. The main themes of
the comments were concern regarding existing trees and the traffic volume and crossing dangers
at the intersection of 25th and Durston. All public comments can be viewed at the link below.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Russell Hosner, LLC, 7003 Jackson Creek Road, Bozeman, MT 59715
Applicant: WGM Group, 109 E. Main St., Ste. B, Bozeman, MT 59715
Representative: WGM Group, 109 E. Main St., Ste. B, Bozeman, MT 59715
Report By: Jacob Miller, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #21201, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-201
Public Comment:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=254916&dbid=0&repo=BOZEMAN&cr
=1
29
ANNIE SUBDIVISION, PHASE 4VICINITY MAPWGMGROUPWWW.WGMGROUP.COMNOWNER/SUBDIVIDER30
ZONING:R-3ZONING:R-4ZONING:R-3ZONING:R-3ZONING:R-3ZONING:R-3LEGEND-EXISTINGLEGEND-PROPOSEDAREASBASIS OF BEARINGSANNIE SUBDIVISION, PHASE 4ZONINGWGMGROUPWWW.WGMGROUP.COMNSITE ADDRESSLEGAL DESCRIPTIONVERTICAL DATUM31
ANNIE SUBDIVISION, PHASE 4WGMGROUPWWW.WGMGROUP.COM32
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Engineer
Anna Rosenberry, Assistant City Manager
Scott Shirley, Interim Public Works Director
SUBJECT:Authorize the City Manager Sign a Montana Forest Action Plan Grant
Agreement with the Montana Department of Natural Resources and
Conservation for the Bozeman Municipal Watershed Cross-Boundary Forest
Collaboration Project to Provide Funding for Phase 3 of the Sourdough Fuels
Reduction Project
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager Sign a Montana Forest Action Plan Grant
Agreement with the Montana Department of Natural Resources and
Conservation for the Bozeman Municipal Watershed Cross-Boundary Forest
Collaboration Project to Provide Funding for Phase 3 of the Sourdough Fuels
Reduction Project.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The Montana Department of Natural Resources and Conservation has
awarded the City of Bozeman $111,384 through the Montana Forest Action
Plan grant program to conduct fuels management activities on City-owned
land in the Sourdough Creek municipal watershed. The grant agreement is
attached to this memo.
The grant will be used by the City to fund Phase 3 of the Sourdough Fuels
Project, which calls for hand-crew treatment of fuels located on City owned
land surrounding the Sourdough municipal water supply intake. Slash
generated with large diameter fuels removal under Phases 1 and 2 of the
Sourdough Fuels Project will be hand piled during Phase 3. Phase 3 work
will also include treatment of small diameter ladder fuels and some dead
and down timber by cutting and piling these fuel types on approximately 200
acres of land that was not treated under Phases 1 and 2. Piles will be
allowed to cure until dry and then burned when conditions are suitable. This
Phase 3 work is anticipated to occur during the 2022 operating season.
Burning may extend into 2023 if a burning window does not materialize next
year.
33
The grant application for this project was prepared in collaboration with the
Custer Gallatin National Forest. The Forest was awarded $238,493 for
similar small diameter fuels treatments for its Bozeman Municipal
Watershed fuels project.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The grant provides $111,384 of funding and will be used to fund Phase 3 of
the Sourdough Fuels Reduction Project. The grant reduces the total amount
of local funding through the water enterprise fund necessary to complete
the overall Sourdough Fuels Reduction Project.
Attachments:
MT Forest Action Plant Grant Agmt - Bozeman
Report compiled on: November 1, 2021
34
FY 2022 Grant Agreement Page 1 of 9
MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
MONTANA FOREST ACTION PLAN - GRANT AGREEMENT
Bozeman Municipal Watershed Cross-Boundary Forest Collaboration Project
This Grant Agreement (Agreement) is accepted by City of Bozeman, hereinafter referred to as
the “Grantee,” Federal ID No 81-6001238, DUNS# 083705293, and represented by
Jeff Mihelich, City Manager, PO Box 1230, Bozeman, Montana 59771-1230, telephone
(406) 582-2306, according to the following terms and conditions.
This Agreement, awarded and administered by the Montana Department of Natural Resources
and Conservation (DNRC), is consistent with the policies, procedures, and objectives of the
State of Montana, DNRC, Forestry Division.
SECTION 1. PURPOSE. The purpose of this Agreement is to establish mutually agreeable
terms and conditions, specifications, and requirements to grant funds to the Grantee to reduce
the potential severity of wildfire, reduce impacts to municipal drinking water supply
infrastructure, reduce the risk to existing development in the WUI, mitigate the risk of high
intensity wildfires, improve public and firefighter safety in the Bozeman municipal watershed.
The purpose of the grant program is to accelerate the pace and scale of forest management in
order to reduce wildland fire hazards, improve forest health, and enhance economic productivity
on Montana’s forested lands. The approved project proposal and the addendum to the project
proposal for this grant are attached as Appendix A and Appendix D respectively and are
incorporated herein by reference.
FOR DNRC USE ONLY
Agreement # ACT-21-011C
Maximum amount under this Agreement: $111,384.00 Amendment # N/A
Source of Funds Approved by
State of Montana: Fire Suppression Fund Fiscal LP
Legal MP
Program WF
Division SC
Fund Subclass Org Percent Amount Expiration Amendment
02847 555SU 5017421 100% $111,384.00 See Sect. 2 N/A
Workers Comp X N/A Attached Exempt Will be forwarded
35
FY 2022 Grant Agreement Page 2 of 9
SECTION 2. TERM. This Agreement is effective on the date of last signature. The Grantee
shall have until September 30, 2023, to complete the project and work described in Section 4,
Project Scope. The DNRC may, pursuant to Section 18, Agreement Renewal, grant an
extension for completion upon request and showing of good cause by the Grantee. Good cause
is defined as external factors preventing the Grantee from completing the work, including but not
limited to, wildland fire, extensive and prolonged inoperable weather conditions, forest closure,
the assignment of employees or a contractor to the suppression of a wildland fire, or variations
in project scope and/or landowner participation. A request for extension must be submitted in
writing thirty (30) days prior to the termination date if an extension is to be considered by DNRC.
SECTION 3. DNRC's ROLE. The DNRC is administering Grant funds to ensure that the funds
are used according to the intent and procedures of the State of Montana, DNRC, Forestry
Division under the authority of MCA 76-13-150. The DNRC will monitor project expenditures to
assure payment eligibility. DNRC assumes no responsibility for the Grantee's obligation to
faithfully perform the tasks and activities required by this Agreement. The DNRC assumes no
responsibility for verifying the right of the Grantee to conduct project activities on properties
identified in Appendix A, the approved project proposal. The Grantee is responsible for
obtaining all appropriate permissions or permits to conduct activities. The technical specialist for
the project is identified in Section 21. Principal Contacts. The roles and responsibilities of the
technical specialist shall include but are not limited to, providing technical assistance to the
Grantee to achieve intended outcomes of the project; conducting reviews of project plans,
activities, and accomplishments upon request of Grantee or as often as deemed necessary by
the DNRC; and assisting the Grantee in complying with Montana’s Forest Practices Laws and
voluntary Best Management Practices in the course of carrying out project activities. The
Grantee may contact the DNRC's Project Manager for guidance related to administration of the
terms of this Agreement. All requests for information and assistance shall be submitted to the
technical specialist, DNRC project manager or his designee.
SECTION 4. PROJECT SCOPE. (a) The Grantee must use the proceeds provided pursuant to
this Agreement to perform allowable activities under the Program. The key outcomes of the
Agreement are completion of 178 acres of fuels reduction work through non-commercial
timber thinning and piling and slash abatement.
(b) Supporting Documents/attachments: The approved project proposal submitted for the
complete cross-boundary project, Appendix A, describes the specific subset of activities to be
performed by Grantee and the expected completion dates. Funding will not be provided if the
requirements outlined in Appendix A are not fulfilled. In the event content in Appendix A, the
original proposal, or Appendix D, the addendum to the project proposal differs from or is in
conflict with terms presented elsewhere in the Agreement, the Agreement text takes
precedence.
SECTION 5. PROJECT BUDGET. Grant funds are allocated to the following budget
categories:
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
36
FY 2022 Grant Agreement Page 3 of 9
Project Funding Summary:
Grantee salary/wages/benefits $0
Operating Expenses $0
Payments to Landowners (Beneficiaries) $0
Contracted Services $111,384
Subtotal – Direct Costs $111,384
Indirect Costs (0.0%) $0
Total Grant Amount $111,384
Match Required (15% additional to be met
under ACT-21-011B.) $0
Total Project Funding under this Agreement: $111,384
This Agreement requires a match equal to the Total Grant Amount x 15%, in addition to the
Total Grant Amount, in the form of cash contribution or in-kind services directly related to the
project. Match required will be met by the cross-boundary project partner under a separate
Agreement working on the same project objectives. Claimed match must be sufficiently
documented to show compliance with requirements and to demonstrate how it supports the
project. DNRC will determine whether match documentation submitted is adequate and may
require additional documentation before approval. Additional cash or in-kind contributions, not
listed in the Project Funding Summary table, may also be contributed to the project and
considered additional leverage for purposes of project reporting.
The indirect cost rate is shown above, expressed as a percentage of indirect costs to direct
costs. Unless the rate has been formalized in a Negotiated Indirect Cost Rate Agreement
(NICRA) between the Grantee and its cognizant federal agency, the rate shown above is hereby
approved by the DNRC for the term of this Agreement and may not be changed except via
written amendment.
The Grantee may transfer up to ten percent (10%) of the total Agreement amount between
budget categories as needed to complete the project. The Grantee must notify DNRC of such
transfers. Transfers between budget categories in excess of ten percent (10%) of the
Agreement amount must be requested by the Grantee, approved by DNRC, and documented in
an amendment to the Agreement.
If an approved project under the Agreement requires travel, approved travel expenses, mileage,
per diem, lodging, will be reimbursed at state rates and in accordance with state travel policy for
Employee Travel at the time travel occurs. Any travel expenses incurred above state rates or
outside of policy will be the sole responsibility of the Grantee. The Montana Department of
Administration maintains current state travel policy on the webpage:
https://doa.mt.gov/employee-travel.
Total payment for all purposes under this Agreement shall not exceed One Hundred Eleven
Thousand Three Hundred Eighty-Four and no/100 Dollars ($111,384.00).
When procuring goods or services under the Agreement, the Grantee shall follow all applicable
procurement procedures as required by the Grantee Organization’s internal written policies. At a
minimum, procurement procedures must ensure that the Grantee 1) avoids unnecessary or
duplicative purchases, 2) conducts some form of cost/price analysis for every procurement
37
FY 2022 Grant Agreement Page 4 of 9
transaction, 3) encourages open competition among vendors, and 4) avoid conflicts of interest
in procurement decisions. In the absence of internal written policies, the Grantee shall seek
guidance on procurement procedures from DNRC Project Manager.
SECTION 6. AVAILABILITY OF GRANT FUNDS. The Grantee acknowledges and
understands that Agreement funds become available based on State of Montana legislative
appropriations to DNRC. Costs incurred by the Grantee prior to the last signature on this
Agreement are not eligible for reimbursement but may be counted as match funds upon prior
written approval by DNRC.
The commitment by the DNRC to expend money is contingent upon the DNRC receiving funds
from the State of Montana Fire Suppression Fund. No liability shall accrue to the DNRC or its
officials in the event such funds are not appropriated or allotted as authorized by the legislature.
DNRC may, at its sole discretion, issue a temporary stop-work order, reduce the scope of
project activities, or terminate this Agreement if available funding is reduced for any reason. The
DNRC will provide the Grantee at least 10 days’ notice for a stop-work order and at least 30
days’ notice if termination of this Agreement is determined to be necessary due to unavailability
of funds. Until DNRC notifies Grantee that obligated funds are unavailable, DNRC will continue
to comply with the terms of this Agreement, including the disbursement of funds for eligible
expenses incurred by Grantee up to the specified date and time of termination provided in a
written notice.
SECTION 7. GRANT DISBURSEMENTS. The Grantee shall submit claims for disbursement of
Grant funds to the DNRC liaison using the “Request for Disbursement of DNRC Grant Funds /
Financial Status Report” (Request) form, attached hereto as Appendix C and incorporated
herein by reference. Documentation of reimbursable costs incurred must be submitted with the
disbursement requests. Documentation may include but is not limited to itemized receipts,
vendor invoices, inspection certificates, financial reports that clearly show expenditures, payroll
records, copies of checks, bank statements, and other forms of proof of payment. DNRC will
determine whether documentation submitted adequately supports the disbursement request and
may require additional documentation before approving payment. The DNRC shall verify the
claims and check them against the Reports required in Section 8 and the Budget provided in
Section 5. The DNRC will disburse Grant funds to the Grantee only upon DNRC’s review and
approval of the documentation submitted by the Grantee. Reimbursement of Grantee
expenditures shall only be made for expenses included in the Budget provided in Section 5 and
that are clearly and accurately supported by the Grantee's records. The DNRC may conduct an
inspection of project progress, as described in Section 10, before a disbursement is approved.
Grantee should seek timely reimbursement of claimed costs incurred under this Agreement. A
minimum of one Request must be submitted annually to the DNRC. The annual period begins
on the Agreement date of last signature. In the event no reimbursable costs are incurred in an
annual period, a Request for zero dollars ($0.00) listing current grant balances must be
submitted to the DNRC. Request for final disbursement of grant funds is due thirty (30) days
following the Agreement termination date.
The DNRC may withhold up to ten percent (10%) of the total authorized Grant amount until the
project tasks outlined in Section 4, all slash abatement, all required inspections, and the Final
Report required by Section 8 are completed and approved by the DNRC.
The DNRC may determine the method of submission for disbursement requests. Methods may
include requiring paper versions by US Mail, e-mail or state FTP portal transmission for
38
FY 2022 Grant Agreement Page 5 of 9
electronic versions, or entry in a registered Grantee account in a grant management system. If
a required submission method changes during the term of the Agreement, the DNRC will
provide thirty (30) days’ notice.
SECTION 8. REPORTS. Quarterly progress reports for the periods ending each March, June,
September and December shall be submitted to the DNRC during the term of the Agreement.
Reports will provide status information for each project implementation objective. Status
information will include, at a minimum, the percentage complete, costs incurred, funds
remaining and projected completion date. The Grantee shall report on total project costs
including those funded by the Grantee and other matching funds. Significant problems
encountered shall be noted and necessary scope and/or timeline modifications requested. The
quarterly report template is provided in Appendix B and is incorporated herein by reference.
Quarterly reports must be submitted to the DNRC by the last day of the next month following the
close of the quarterly period. The first quarter closes September 30, 2021, and the report is
due on or before October 31, 2021. No claims for disbursements shall be honored by DNRC if
the quarterly report has not been approved or if there is a delinquent report.
A final report, using the Appendix B Quarterly Report format, that details the project completion,
results, accomplishments and financial status shall be submitted to DNRC by the Grantee for
approval upon project completion. Final disbursement of Agreement funds is contingent upon
DNRC’s receipt and approval of the final report.
The DNRC shall, if necessary, provide the Grantee with further instructions regarding the
required reporting format and other specific reporting requirements when such requirements are
mandated by the State of Montana. These new reporting requirements will be provided in
writing to Grantee and will be added to the terms of this Agreement via an amendment should
Grantee and the DNRC agree to those terms. The foregoing notwithstanding, Grantee must
comply with the terms of any future reporting requirements that do not differ materially from
those required by this Agreement.
The DNRC may determine the method of submission for all reports. Methods may include
requiring paper versions by US Mail, e-mail or state FTP portal transmission for electronic
versions, or entry in a registered Grantee account in a grant management system. If a required
submission method changes during the term of the Agreement, the DNRC will provide thirty (30)
days’ notice.
SECTION 9. RECORDS AND AUDITS. The Grantee must maintain appropriate and adequate
records showing complete entries of all receipts, disbursements and other transactions relating
to this Agreement for five (5) years after the later of either the final Agreement payment, or the
termination or the expiration of this Agreement. The DNRC, the Montana Legislative Audit
Division or the Montana Legislative Fiscal Division may, at any reasonable time, audit all
records, reports and other documents that the Grantee maintains under or during the course of
this Agreement to ensure compliance with its terms and conditions.
SECTION 10. PROJECT MONITORING AND ACCESS FOR INSPECTION AND
MONITORING. DNRC retains the right to make periodic inspections of the grant-funded project
area to determine that the requirements of the Agreement are being met. If the Grantee fails to
meet the requirements of the Agreement, the Grantee shall correct the deficiencies to meet
DNRC approval before any disbursements are made. Inspections shall occur as often as
deemed necessary by DNRC. Inspections may be required to certify work completed by the
39
FY 2022 Grant Agreement Page 6 of 9
Grantee before disbursement is made by DNRC. Inspections may include review of the
adequacy of records and accounts. The Grantee may request inspection by DNRC for
disbursement purposes or to clarify Agreement requirements.
The Grantee shall accommodate requests for DNRC access to the site and records with due
consideration for safety, private property rights, and convenience of everyone involved.
SECTION 11. EMPLOYMENT STATUS AND WORKER'S COMPENSATION. The DNRC is not
an owner or general contractor for the project and the DNRC does not control the work activities
or work-site of the Grantee or any contractors that might be engaged by the Grantee for
completion of the project. The Grantee is independent from and is not an employee, officer or
agent of the DNRC. The Grantee, its employees and contractors, are not covered by the
Workers' Compensation laws applicable to the DNRC as an employer. The Grantee is
responsible for making sure that it and its employees are covered by Workers’ Compensation
Insurance and that its contractors are in compliance with the coverage provisions of the
Workers’ Compensation Act.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS. All work performed under this
Agreement must fully comply with all applicable federal, state, and local laws, rules, and
regulations, including but not limited to, the Montana Human Rights Act, the Civil Rights Act of
1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and
Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting by the Grantee
subjects subcontractors to the same provision. In accordance with 49-3-207, MCA, the Grantee
agrees that the hiring of persons to perform this Agreement will be made on the basis of merit
and qualifications and without discrimination based upon race, color, religion, creed, political
ideas, sex, age, marital status, physical or mental disability, or national origin of the persons
performing this Agreement. It shall be the Grantee's responsibility to obtain all permits, licenses
or authorizations that might be required from government authorities for completion of the
project. Procurement of labor, services, supplies, materials and equipment shall be conducted
according to applicable federal, state and local statutes. DNRC’s signature on this Agreement
does not guarantee the approval or issuance of any permits, licenses or any other form of
authorization to take action for which Grantee must apply with DNRC or any other government
entity and submit to DNRC to fulfill the terms of this Agreement.
SECTION 13. AGENCY RECOGNITION REQUIREMENTS. Use of Agency Insignia. Grantee
shall request in writing and receive written permission from DNRC before using the DNRC
insignia on any published media, such as a webpage, printed publication or audiovisual
production.
Public Notices. Grantee is encouraged to give public notice of the receipt of this award of
State of Montana grant funds and, from time to time, to announce progress and
accomplishments. Press releases or other public notices should include a statement
substantially as follows: “The funding for this project is derived in full or in part from an award of
State of Montana funds through the Montana Department of Natural Resources and
Conservation, Forestry Division.”
Acknowledgment in Publications, Audiovisuals, and Electronic Media. Grantee shall
acknowledge DNRC support as appropriate in any publications, audiovisuals, and electronic
media developed as a result of this award of State of Montana grant funds.
40
FY 2022 Grant Agreement Page 7 of 9
SECTION 14. COPYRIGHT - GOVERNMENT RIGHT TO USE. Any graphic or audio-visual
material developed under this Agreement may be copyrighted with the proviso that the State of
Montana will have a royalty-free, nonexclusive, and irrevocable right to produce, publish or
otherwise use, and authorize others to use the work for state government purposes. The
Grantee must notify DNRC in writing when any patent rights arise from, or are purchased with,
funds awarded under this Agreement.
SECTION 15. FAILURE TO COMPLY. If the Grantee fails to comply with the terms and
conditions of this Agreement, the DNRC may terminate this Agreement, refuse additional
disbursements of grant funds, and take legal action to recover disbursed grant funds. Such
termination will become a consideration in any future application for grants under the authority
of the DNRC Forestry Division.
SECTION 16. ASSIGNMENT AND AMENDMENT. The Grantee may not assign or transfer any
portion of this Agreement without DNRC’s express written consent. Amendments will be in
writing, signed by both parties, and attached as an integral component of this Agreement. This
Agreement may be terminated by the mutual written consent of both parties. If this Agreement is
terminated prior to the date specified in Section 2, the Grantee may not submit claims for
reimbursement beyond the mutually agreed to termination date and final disbursement period.
SECTION 17. MONTANA LAW AND VENUE. Any action or judicial proceeding for
enforcement of the terms of this Grant shall be instituted only in the courts of Montana and shall
be governed by the laws of Montana. Venue shall be in the First Judicial District, Lewis and
Clark County, Montana.
SECTION 18, AGREEMENT RENEWAL. The Agreement may, upon mutual agreement
between the parties and according to the terms of the existing contract, be extended.
SECTION 19. INDEMNITY AND LIABILITY (HOLD HARMLESS / INDEMNIFICATION).
Grantee agrees to be financially responsible for any audit exception or other financial loss
to the DNRC and the State of Montana which occurs due to the negligence, intentional
acts, or failure by Grantee and/or its agents, employees, subcontractors, or
representatives to comply with the terms of this Agreement.
Grantee hereby agrees to defend, indemnify, and hold harmless the DNRC and the State
of Montana and its agents from and against any and all claims, demands, or actions for
damages to property or injury to persons or other damage to persons or entities arising out
of, or resulting from the performance of this Agreement or the results of this Agreement,
provided such damage to property or injury to persons is due to the negligent act or
omission, recklessness, or intentional misconduct of Grantee or any of its employees. This
Agreement is not intended to relieve a liable party of financial or legal responsibility.
SECTION 20. INSURANCE REQUIREMENTS. General Requirements. The Grantee shall
maintain for the duration of this Agreement, at its cost and expense, insurance against claims
for injuries to persons or damages to property, including liability, which may arise from or in
connection with the performance of the work by the Grantee, agents, employees,
representatives, assigns, or contractors. This insurance shall cover such claims as may be
caused by any negligent act or omission.
41
FY 2022 Grant Agreement Page 8 of 9
Specific Requirements for Commercial General Liability. The Grantee shall purchase and
maintain occurrence coverage with combined single limits for bodily injury, personal injury, and
property damage of $750,000 per occurrence and $1,500,000 aggregate per year to cover such
claims as may be caused by any act, omission, or negligence of the Grantee or its officers,
agents, representatives, assigns or contractors.
SECTION 21. PRINCIPAL CONTACTS. As of Agreement execution, the principal contacts are
as follows:
DNRC Project Manager Contact DNRC Technical Specialist
Name: Wyatt Frampton
Title: Forest Action Plan Project Manager
Address: 2705 Spurgin Road
City, State, Zip: Missoula, MT 59804
Telephone: 406-542-4355
Email: WFrampton@mt.gov
Name: Roger Ziesak
Title: Forest Practices Program Manager
Address: 2705 Spurgin Road
City, State, Zip: Missoula, MT 59804
Telephone: 406-542-4388
Email: rziesak@mt.gov
DNRC Administrative Contact
Name: Lorie Palm
Title: Grants and Agreements Specialist
Address: 2705 Spurgin Road
City, State, Zip: Missoula, MT 59804
Telephone: 406-542-4205
Email: lpalm@mt.gov
Grantee Representative
Name: Jeff Mihelich
Title: City Manager
Address: PO Box 1230
City, State, Zip: Bozeman, MT 59771-1230
Telephone: 406-582-2306
Email:
Grantee Project Manager Contact Grantee Administrative Contact
Name: Brian Heaston
Title: Senior Engineer
Address: PO Box 1230
City, State, Zip: Bozeman, MT 59771-1230
Telephone: 406-582-2282
Email: bheaston@bozeman.net
Name: Kristin Donald
Title: Finance Director
Address: PO Box 1230
City, State, Zip: Bozeman, MT 59771-1230
Telephone: 406-582-2318
Email:
42
FY 2022 Grant Agreement Page 9 of 9
This Agreement consists of pages 1 – 9 plus the following appendices:
• Appendix A [approved project proposal]
• Appendix B [quarterly report template]
• Appendix C [reimbursement request form]
• Appendix D [addendum to the project proposal].
The Grantee hereby accepts this Agreement according to the above terms and conditions.
By:
Date Grantee Authorized Representative
Printed name
Date DNRC Authorized Representative
Printed name
Date DNRC Director
Printed name
43
Appendix A
44
Appendix A
45
Appendix A
46
Appendix A
47
Appendix A
48
Appendix A
49
Appendix A
50
Appendix A
51
Appendix A
52
Appendix A
53
Appendix A
54
Appendix A
55
Appendix A
Budget Superseded See Appendix D for Budget56
Appendix A
57
Appendix A
58
Appendix A
59
Appendix A
60
Appendix A
61
Appendix A
62
Appendix A
63
FOREST ACTION PLAN GRANT
QUARTERLY REPORT
GRANT NUMBER:______________________________________________________________
PROJECT NAME:_______________________________________________________________
LOCATION OF CURRENT WORK: __________________________________________________
REPORT FOR: 1st 2nd 3rd 4th Quarter DATE: _______________________
PERCENT OF PROJECT COMPLETE: ___________TOTAL PROJECT ACRES COMPLETED: ________
PROVIDE A BRIEF SUMMARY OF THE WORK ACCOMPLISHED IN THE LAST THREE MONTHS:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
INDICATE WHAT WORK HAS BEEN PREVIOUSLY APPROVED BY DNRC AND WHAT IS READY FOR
INSPECTION:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
INDICATE WHICH GRANT PARTNERS HAVE BEEN ACTIVE IN THE LAST THREE MONTHS:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
IDENTIFY CONTRACTORS AND APPROXIMATE NUMBER OF PEOPLE WHO ARE ACTIVELY
WORKING ON THE PROJECT:
______________________________________________________________________________
______________________________________________________________________________
ADDITIONAL INFORMATION YOU WOULD LIKE TO SHARE:
______________________________________________________________________________
______________________________________________________________________________
IF POINT-OF-CONTACT HAS CHANGED PLEASE PROVIDE THE NAME(S) AND CONTACT
INFO:_________________________________________________________________________
______________________________________________________________________________
Appendix B
64
Grant Agreement Number / Project Name
From (mm/dd/yy):To (mm/dd/yy):
Direct Costs:
Grantee Salary/Wages/Benefits $0.00
Operating Expenses $0.00
Payments to Landowners (Beneficiaries)$0.00
Contracted Services $0.00
SubTotal $0.00 $0.00 $0.00 $0.00 $0.00
Indirect Costs:$0.00
TOTAL $0.00 $0.00 $0.00 $0.00 $0.00
Date
Grant balance
remaining
(after this request)
Cumulative match
expenses to date
(if applicable)
Request for Disbursement of DNRC Grant Funds / Financial Status Report
Request for Reimbursement
Grantee Name
Period covered by this request:
Request for Advance
Grantee Representative / Preparer's Signature
Total Grant Budget
by category
(from grant agreement)
Funds received from
DNRC
(before this request)
Disbursement
amount
requested
Revised Aug 2015
Appendix C
65
From:Cota, Melanie - FS
To:Frampton, Wyatt
Subject:[EXTERNAL] RE: FAP - BMW Project
Date:Tuesday, March 30, 2021 5:33:45 PM
Attachments:image002.png
image003.png
image004.png
image005.png
BMW UPDATED PROJECT BUDGET.March2021docx.docx
Hi Wyatt,
Please see attached revised budget for the BMW Project to reflect the 350k grant award. In talking
with the City, we think it would be the cleanest to do two separate agreements with DNRC if that is
acceptable. The FS may be able to start some work this FY21, depending on when the agreement is
finalized and if we can get an extension on our contacting deadlines. The City is not able to start
their portion of the work until FY22 due to other contract work this summer/fall for BMW. I updated
this in the deliverables. Please let me know if you need anything further at the moment and we look
forward to working with you! Thanks again!
Melanie
Melanie Cota
West Zone Implementation Coordinator
Forest Service
Custer Gallatin National Forest, Bozeman
and Hebgen Lake Ranger Districts
p: 406-522-2539
melanie.cota@usda.gov
3710 Fallon St, C
Bozeman, MT 59718
www.fs.fed.us [fs.fed.us]
[usda.gov] [twitter.com]
[facebook.com]
Caring for the land and serving people
From: Frampton, Wyatt <WFrampton@mt.gov>
Sent: Monday, March 29, 2021 2:37 PM
To: Cota, Melanie - FS <Melanie.Cota@usda.gov>
Subject: FAP - BMW Project
Hey Melanie!
I have you as the contact for the Bozeman municipal watershed project. I’d like to talk with you
about a few next steps we need to get started on so that we can get our grant agreement
generated. Please give me a call at your earliest convenience.
Appendix D
66
Thanks!
Wyatt
Wyatt Frampton |Montana DNRC | Forest Action Plan Project Manager | 406-890-8471
This electronic message contains information generated by the USDA solely for the intended
recipients. Any unauthorized interception of this message or the use or disclosure of the
information it contains may violate the law and subject the violator to civil or criminal
penalties. If you believe you have received this message in error, please notify the sender and
delete the email immediately.
Appendix D
67
Bozeman Municipal Watershed Project Updated Budget and Deliverables March 30th, 2021
PROJECT BUDGET: (complete tables)
Budget Table 1: Funding for Activities
Activity Ownership Unites
(e.g. acres)
Cost/Unit Total Cost
Non-commercial
thinning/piling
USFS 382.2 acres $624/ac $238,492.80
Non-commercial
thinning/piling
City of Bozeman 178.5 acres $624/ac $111,384.00
Budget Table 2: Expenses
Funds Requested Match Total
Employee
Salary/Wages/Benefits
USFS
$400,000
confirmed
match and
City
$270,000
pending
match
$400,000.00
Supplies $123.20
Travel
Payments to
Landowners
(Beneficiaries)
Contractual Costs (incl.
contract labor)
$349,876.80 $811,512.30 $1,311,336.30
Other Costs (Specify)
Indirect Costs (rate:
xx.xx%) (up to 10%
unless NICRA)
Total $350,000 560.7 acres $1,711,336.30
Total Request: $350,000
Please briefly describe the details of how the grant funds will be spent for each budget
category. (500 words)
Appendix D
68
Bozeman Municipal Watershed Project Updated Budget and Deliverables March 30th, 2021
Grant funds would be spent on contract thinning and piling or masticating of generally small
diameter and dead and down fuels. The USFS has existing pre-priced contracts for hand work
and existing contracts for machine work where prices are bid. Prices were derived assuming hand
treatment and an average cost was applied for all acres based upon a subset of already surveyed
units. Some units will have lower or higher costs per acre. Machine piling or masticating will be
utilized when it can meet objectives/constraints and is more cost effective. The USFS costs of
admin, layout, and burning of fuels are already covered in house. The additional funding for
supplies would go towards the BMW communication strategy for outreach and education on the
project.
DELIVERABLES: (250 words)
Describe in narrative the activities to be completed and how this work will be accomplished.
Activities: The collaborative project with the City of Bozeman would together treat 5,330 acres.
This includes 4,700 acres on USFS System Lands and 638 acres on the City of Bozeman
Lands. Project activities funded by this grant would include non-commercial thinning and piling on
382.2 acres of NFS lands and 178.5 acres of City of Bozeman lands. Additional acres are to be
treated on both ownerships using other available funds and timber sale revenues.
How: These activities would be achieved by utilizing contractors to complete work by hand or
machine based upon the most economically available option and environmental limitations. Most
work is expected to be done by hand. Follow up treatments of prescribed burning will occur
as needed and conditions allow and be funded by other means. Thinning and piling treatments are
expected to begin in the first funding year and conclude in the second. Prescribed fire treatments
will begin in the second funding year and continue as needed and conditions allow.
In the table below list the expected annual accomplishments and outcomes for this project (e.g.
number of acres treated, number of homes protected, estimated MMBF of wood for
forest products, jobs created, etc.)
Year Deliverable
1 The USFS is hoping to award funding to contract for hand thinning/piling in FY
21, for a total of 104.8 acres. This is dependent on timing of agreement and
granting of extension of contract deadlines.
2 178.5 acres treated by City of Bozeman thinning/piling by contract, and 382.2
acres (dependent on FY21 acres completed) USFS thinning/piling by way of
contract
3 Reporting on a semi-annual basis describing project accomplishments and how
funds are being utilized. A final report will be submitted stating how the funds
were used and the outcomes that were achieved.
Appendix D
69
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Engineer
Scott Shirley, Interim Director of Public Works
Anna Rosenberry, Assistant City Manager
SUBJECT:Authorize the City Manager Sign a Forest Health Program Subaward
Agreement with the Montana Department of Natural Resources and
Conservation for the Sourdough Creek Fuels Reduction Project Campaign
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager Sign a Forest Health Program Subaward
Agreement with the Montana Department of Natural Resources and
Conservation for the Sourdough Creek Fuels Reduction Project Campaign.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Montana Department of Natural Resources and Conservation has awarded
the City of Bozeman $20,000 through its Forest Health Program. The funding
is available to reimburse the City’s contracted education/outreach campaign
activities related to the Sourdough Fuels Reduction Project.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The grant provides $20,000 to reimburse contracted public relations services
for the Sourdough Fuels Reduction Project.
Attachments:
Sourdough OE Campaign Grant Agmt
Report compiled on: November 4, 2021
70
FY22 – DNRC Forestry Subaward
Page 1 of 8
FOREST HEALTH PROGRAM SUBAWARD AGREEMENT
Sourdough Creek Fuels Reduction - Project Campaign
This Subaward Agreement (Subaward) is accepted by City of Bozeman, hereinafter referred to
as the “Subrecipient,” Federal ID No. 81-601238, DUNS# 083705293, and represented by
Brian Heaston, Project Engineer, PO Box 1230, Bozeman, Montana 59771-1230, telephone
(406) 582-2280, according to the following terms and conditions.
This Subaward, awarded and administered by the Montana Department of Natural Resources
and Conservation (DNRC), is consistent with the policies, procedures and objectives of the
Cooperative Forestry Assistance Act of 1978, Public Law 95-313, as amended. This Subaward
is awarded under federal grant #20-DG-11010000-024, Consolidated Payments Grant, executed
on 06/29/2020, from the United States Department of Agriculture (USDA) – Forest Service
(USFS) and Catalog of Federal Domestic Assistance (CFDA) number 10.664, “Cooperative
Forestry Assistance.”
SECTION 1. PURPOSE. The purpose of this Subaward is to establish mutually agreeable terms
and conditions, specifications, and requirements to grant funds to the Subrecipient for the
purpose of activities that increase public understanding of the importance of active, sustainable
cross-boundary forest management that aims to reduce wildfire risks and increase forest health
across the landscape/watersheds containing City of Bozeman’s municipal water source and
infrastructure. Basis for this subaward is Forest Health Management Program which is
administered through a partnership with the USFS and the DNRC. Permissible projects are
those on non-federal lands. Projects can include any/all of the following: community/citizen
education, wildland fire prevention programs, and monitoring.
FOR DNRC USE ONLY
Subaward # FHE-21-101
Maximum amount under this Subaward Agreement: $20,000.00 Amendment # N/A
Source of Funds Approved by
USDA FS Grant # 20-DG-11010000-024; CFDA # 10.664 Program EW
Fiscal LP
Legal MP
Fund Subclass Org Percent Amount Expiration Amendment
03283 555YS 50479 100% $20,000.00 See Sect. 2 N/A
Workers Comp: X N/A Attached Exempt Will be forwarded
DocuSign Envelope ID: E2F03E8C-0A39-4050-84EB-BB8CC2D55169
In Process
71
FY22 – DNRC Forestry Subaward
Page 2 of 8
SECTION 2. TERM. This Subaward is effective on the date of last signature. The Subrecipient
shall have until May 31, 2023 to complete the project and work described in Section 4, Project
Scope. The DNRC may, pursuant to Section 18, Agreement Extension, grant an extension for
completion upon request and showing of good cause by the Subrecipient. Good cause is
defined as external factors preventing the Subrecipient from completing the work, including, but
not limited to, pandemic, inadequate staff, delays experienced by federal, other collaborative
partners or contractors, or prolonged inoperable weather conditions. A request for extension
must be submitted in writing no less than thirty (30) days prior to the termination date if an
extension is to be considered by the DNRC.
SECTION 3. DNRC's ROLE. The DNRC is administering grant funds awarded by the USFS to
ensure that the funds are used according to the intent and procedures of the Forest Health
Grant Program. The DNRC will monitor project expenditures to assure payment eligibility. The
DNRC assumes no responsibility for the Subrecipient's obligation to faithfully perform the tasks
and activities required by this Subaward. The DNRC assumes no responsibility for verifying the
right of the Subrecipient to conduct project activities. The Subrecipient is responsible for
obtaining all appropriate permissions to conduct activities. The Subrecipient may contact the
DNRC's liaison Erik Warrington, at (406) 542-4303, 2705 Spurgin Road, Missoula, Montana
59804 for guidance related to administration of the terms of this Subaward. All requests for
information and assistance shall be submitted to the DNRC liaison or his designee.
SECTION 4. PROJECT SCOPE. (a) The Subrecipient must use the proceeds provided
pursuant to this Subaward to perform allowable activities under the Program.
The key outcomes of the project are the support of landowner and community outreach
and engagement; development and promotion of media and material content which
educates the audience on the important role healthy forests, intact watersheds, and fire
adapted communities. The audience includes the general public, civic leaders, land
management agencies, as well as targeted materials for adjacent private forest
landowners, and recreation users of the municipal watershed trail systems.
The project will utilize contracted professional services for campaign coordination and
media development. Media content may include but is not limited to audio, visual, print,
and social. The campaign is anticipated to run before, during, and up to the completion
of the City of Bozeman’s Sourdough Creek Fuels Reduction Project.
SECTION 5. PROJECT BUDGET. Subaward funds are allocated to the following budget
categories:
Project Funding Summary:
Direct Costs
Subrecipient salary/wages/benefits $0
Operating Expenses $0
Contracted Services $20,000
Subtotal – Direct Costs $20,000
Indirect Costs (0.0%) $0
Total Subaward Amount $20,000
Match Required (none) $0
Total Project Funding: $20,000
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No match is required for this Subaward.
The indirect cost rate is shown above, expressed as a percentage of indirect costs to direct
costs. Unless the rate has been formalized in a Negotiated Indirect Cost Rate Agreement
(NICRA) between the Subrecipient and its cognizant federal agency, the rate shown above is
hereby approved by the DNRC for the term of this Subaward and may not be changed except
via written amendment.
Total payment for all purposes under this Subaward shall not exceed Twenty Thousand and
no/100 Dollars ($20,000.00).
Subrecipient shall follow all applicable procurement procedures as required in Section 12,
Compliance with Applicable Laws, and the applicable Federal Office of Management and
Budget (OMB) in the Code of Federal Regulations (CFR) 2 CFR 200 §§ 200.317 – 200.326.
SECTION 6. AVAILABILITY OF SUBAWARD FUNDS. The Subrecipient acknowledges and
understands that Subaward funds become available based on federal awards to DNRC. Costs
incurred by the Subrecipient on or after May 1, 2021 may be, upon approval by the DNRC,
eligible for reimbursement or may be counted as match funds.
The commitment by the DNRC to expend money is contingent upon the DNRC receiving funds
under the Cooperative Forestry Assistance Act of 1978, Public Law 95-313, as amended. No
liability shall accrue to the DNRC or its officials in the event such funds are not appropriated or
issued as authorized under this legislation. The DNRC may, at its sole discretion, issue a
temporary stop-work order, reduce the scope of project activities, or terminate this Subaward if
appropriated funding is reduced or unavailable for any reason. The DNRC will provide
Subrecipient at least 10 days’ notice for a stop-work order and at least 30 days’ notice if a
reduction in scope or termination is determined to be necessary due to unavailability of funds.
Until the DNRC notifies Subrecipient that obligated funds are unavailable, the DNRC will
continue to comply with the terms of this Subaward, including the disbursement of funds for
eligible expenses incurred by Subrecipient up to the specified date and time provided in a
written notice.
SECTION 7. DISBURSEMENTS. Subrecipient shall submit claims for disbursement of
Subaward funds to the DNRC liaison, using the “Request for Disbursement of DNRC Grant
Funds / Financial Status Report” (Request) form, attached hereto as Appendix D and
incorporated herein by reference. Documentation of reimbursable costs incurred and paid must
be submitted with the request. Documentation may include, but is not limited to, itemized
receipts, vendor invoices, inspection certificates, transaction ledgers or other financial reports
that clearly show expenditures, payroll records, copies of checks, bank statements, and other
forms of proof of payment. The DNRC will determine whether documentation submitted
adequately supports the disbursement request and may require additional documentation
before approving payment. Reimbursement of Subrecipient’s expenditures will only be made for
expenses included in the Project Budget in Section 5, that are clearly and accurately supported
by the Subrecipient's records.
Subrecipient should seek timely reimbursement of claimed costs incurred under this Subaward.
A minimum of one Request must be submitted annually to the DNRC. The annual period begins
on the Subaward date of last signature. In the event no reimbursable costs are incurred in an
annual period, a Request for zero dollars ($0.00) listing current subaward balances must be
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submitted to the DNRC. Request for final disbursement of Subaward funds is due 30 days
following the subaward termination date.
The DNRC may determine the method of submission for disbursement requests. Methods may
include requiring paper versions by US Mail, e-mail or state FTP portal transmission for
electronic versions, or entry in a registered Subrecipient account in a grant management
system. If a required submission method changes during the term of the Subaward, the DNRC
will provide thirty (30) days’ notice.
The DNRC may withhold up to ten percent (10%) of the total authorized subaward amount until
both the project tasks (outlined in Section 1 and Section 4) and the Final Report (required by
Section 8) are completed by the Subrecipient and approved by the DNRC.
SECTION 8. REPORTS. The Subrecipient shall immediately notify the DNRC of developments
that have a significant impact on the activities supported under this Subaward. Notification must
be given in the case of problems, delays or adverse conditions that materially impair the ability
of the Subrecipient to meet the objectives of the Subaward. The notification must include a
statement on action taken or contemplated, and any assistance needed to resolve the situation
including requests for scope and/or timeline modifications as provided for below in Section 16,
Assignment and Amendment.
Quarterly progress reports for the periods ending each March, June, September and
December must be submitted to the DNRC during the term of this Subaward. Reports will
provide status information for each project implementation objective. Project status information
will include, at a minimum, the percentage completed, costs incurred, funds remaining, and
projected completion date. The Subrecipient shall report on total project costs, including grant-
funded costs, Subrecipient-provided match, and match provided by other sources.
Quarterly reports must be submitted to the DNRC by the last day of the next month following the
close of the quarterly period. The first quarter closes December 31, 2021, and the report is
due on or before January 31, 2022. The first quarterly should include all activities under this
Subaward project to-date. The DNRC will review reports for completeness and accuracy, and
will notify the Subrecipient if changes are necessary. No claims for disbursements will be
honored by the DNRC until complete, accurate quarterly reports have been submitted by the
Subrecipient. A suggested Quarterly Report format is attached hereto as Appendix B and
incorporated herein by reference.
A Final Report that details the project status, results, accomplishments, and financial status will
be submitted to the DNRC by the Subrecipient for approval upon project completion. Final
reports are due 30 days following the subaward termination date.
Final disbursement of Subaward funds is contingent upon the DNRC’s receipt and approval of
the Final Report. A suggested Final Report format is attached hereto as Appendix C and
incorporated herein by reference.
The DNRC may determine the method of submission for all Quarterly and Final reports.
Methods may include requiring paper versions by US Mail, e-mail or state FTP portal
transmission for electronic versions, or entry in a registered Subrecipient account in a grant
management system. If a required submission method changes during the term of the
Subaward, the DNRC will provide thirty (30) days’ notice.
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SECTION 9. RECORDS AND AUDITS. The Subrecipient must maintain appropriate and
adequate records showing complete entries of all receipts, disbursements, and other
transactions relating to this Subaward for three (3) years after the later of either the final
Subaward payment or the termination or expiration of this Subaward. The DNRC, the Montana
Legislative Audit Division, or the Montana Legislative Fiscal Division may, at any reasonable
time, audit all records, reports, and other documents that the Subrecipient maintains under or
during the course of this Subaward to ensure compliance with its terms and conditions.
SECTION 10. PROJECT MONITORING AND ACCESS FOR INSPECTION AND
MONITORING. The DNRC or its agents may monitor and inspect all phases and aspects of the
Subrecipient’s performance to determine compliance with this Subaward, including the
adequacy of records and accounts. The Subrecipient shall accommodate requests for the
DNRC access to the site and records with due consideration for safety, private property rights,
and convenience of everyone involved.
SECTION 11. EMPLOYMENT STATUS AND WORKER'S COMPENSATION. The DNRC is not
an owner or general contractor for the project. The DNRC does not control the work activities or
worksite of the Subrecipient or any contractors that might be engaged by the Subrecipient for
completion of the project. The Subrecipient is independent from and is not an employee, officer,
or agent of the DNRC. The Subrecipient, its employees and contractors, are not covered by the
DNRC’s Workers' Compensation Insurance. The Subrecipient is responsible for making sure
that it and its employees are covered by Workers’ Compensation Insurance and that its
contractors are in compliance with the coverage provisions of the Workers’ Compensation Act.
The Subrecipient shall ensure that all employees complete the I-9 form to certify they are
eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a).
Subrecipient shall comply with regulations regarding certification and retention of the completed
forms.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS. The Subrecipient must comply with
the requirements of the Federal Office of Management and Budget (OMB) guidance in subparts
A through F of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, And
Audit Requirements For Federal Awards, as adopted and supplemented by the USDA in 2 CFR
Part 400. These regulations are available online at the following website: www.ecfr.gov.
Subrecipient certifies that it will abide by all certifications and assurances set forth in USDA
Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility & Voluntary
Exclusion Lower Tier Covered Transactions,” this form having been signed, attached hereto as
Appendix A, and incorporated herein by reference. Per the terms of the federal award, the
Subrecipient shall also require all second-tier subrecipients and contractors who will be paid
with subaward funds to sign form AD-1048, and subrecipient shall keep completed forms on file.
If the amount of this contract, sub-contract, or sub-grant is in excess of $100,000, the
Subrecipient will comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40
CFR part 15).
All work performed under this Subaward must fully comply with all applicable federal, state, and
local laws, rules, and regulations, including but not limited to, the Montana Human Rights Act,
the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities
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Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or subcontracting
by the Subrecipient subjects subcontractors to the same provision. In accordance with 49-3-
207, MCA, the Subrecipient agrees that the hiring of persons to perform this Subaward will be
made on the basis of merit and qualifications and without discrimination based upon race, color,
religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national
origin of the persons performing this Subaward. It shall be the Subrecipient's responsibility to
obtain all permits, licenses, or authorizations that might be required from government authorities
for completion of the project. Procurement of labor, services, supplies, materials and equipment
shall be conducted according to applicable federal, state, and local statutes. The DNRC’s
signature on this Subaward does not guarantee the approval or issuance of any permits,
licenses, or any other form of authorization to take action for which Subrecipient must apply with
the DNRC or any other government entity and submit to the DNRC to fulfill the terms of this
Subaward.
TRAFFICKING IN PERSONS. Subrecipients under this award and the Subrecipient’s
employees may not: (1) Engage in severe forms of trafficking in persons during the period of
time that the award is in effect; (2) Procure a commercial sex act during the period of time that
the award is in effect; or (3) Use forced labor in performance of the award or subawards under
the award.
NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL
MATERIAL. The Subrecipient shall include the following statement, in full, in any printed
audiovisual material, or electronic media for public distribution developed or printed with any
Federal funding.
In accordance with Federal law and U.S. Department of Agriculture policy, this
institution is prohibited from discriminating on the basis of race, color, national origin,
sex, age, or disability. (Not all prohibited bases apply to all programs.)
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights,
Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC
20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity
provider and employer.
If the material is too small to permit the full statement to be included, the material must at
minimum, include the following statement, in print size no smaller than the text:
“This institution is an equal opportunity provider.”
SECTION 13. AGENCY RECOGNITION REQUIREMENTS
Use of Agency Insignia. Subrecipient shall request in writing permission from the USFS
Northern Region and receive written permission from the USFS before using the USFS insignia
on any published media, such as a webpage, printed publication, or audiovisual production.
Subrecipient shall request in writing and receive written permission from the DNRC before using
the DNRC insignia on any published media, such as a webpage, printed publication, or
audiovisual production.
Public Notices. Subrecipient is encouraged to give public notice of the receipt of this subaward
of federal grant funds and, from time to time, to announce progress and accomplishments.
Press releases or other public notices should include and all notices of funding opportunities or
solicitation for project participants must include a statement substantially as follows: “The
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funding for this project is derived in full [or in part] from a federal award of the U.S. Forest
Service, Department of Agriculture, subawarded by the Montana Department of Natural
Resources and Conservation, Forestry Division.”
Acknowledgment in Publications, Audiovisuals, and Electronic Media. Subrecipient shall
acknowledge USFS and DNRC support as appropriate in any publications, audiovisuals, and
electronic media developed as a result of this subaward of USFS grant funds. Follow direction in
USDA Supplemental 2 CFR 415.2.
SECTION 14. COPYRIGHTING AND GOVERNMENT RIGHT TO USE. Subrecipient is granted
sole and exclusive right to copyright any publications developed as a result of this award. The
State of Montana and the USFS reserve a royalty-free, nonexclusive, and irrevocable right to
reproduce, publish, or otherwise use, and to authorize others to use the work for government
purposes. This provision includes any right of copyright to which Subrecipient purchases
ownership with any federal contributions. No original text or graphics produced by the State of
Montana or the USFS shall be copyrighted.
SECTION 15. FAILURE TO COMPLY. If the Subrecipient fails to comply with the terms and
conditions of this Subaward, the DNRC may terminate this Subaward and refuse additional
disbursements of subaward funds and take legal action to recover disbursed subaward funds.
Such termination will become a consideration in the DNRC’s evaluation of future applications for
subawards.
SECTION 16. ASSIGNMENT AND AMENDMENT. The Subrecipient may not assign or transfer
any portion of this Subaward without the DNRC’s express written consent. Amendments will be
in writing, signed by both parties, and attached as an integral component of this Subaward. This
Subaward may be terminated by the mutual written consent of both parties. If this Subaward is
terminated, the Subrecipient may not submit claims for reimbursement for costs incurred
beyond the mutually agreed to termination date.
SECTION 17. MONTANA LAW AND VENUE. Any action or judicial proceeding for enforcement
of the terms of this Subaward shall be instituted only in the courts of Montana and shall be
governed by the laws of Montana. Venue shall be in the First Judicial District, Lewis and Clark
County, Montana.
SECTION 18. AGREEMENT EXTENSION. This Subaward may, upon mutual written
agreement between the parties and according to its terms, be extended.
SECTION 19. INDEMNITY AND LIABILITY (HOLD HARMLESS / INDEMNIFICATION).
Subrecipient agrees to be financially responsible for any audit exception or other financial
loss to the DNRC and the State of Montana which occurs due to the negligence,
intentional acts, or failure by Subrecipient and/or its agents, employees, subcontractors, or
representatives to comply with the terms of this Subaward.
Subrecipient hereby agrees to defend, indemnify, and hold harmless the DNRC and the
State of Montana and its agents from and against any and all claims, demands, or actions
for damages to property or injury to persons or other damage to persons or entities arising
out of, or resulting from the performance of this Subaward or the results of this Subaward,
provided such damage to property or injury to persons is due to the negligent act or
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omission, recklessness, or intentional misconduct of Subrecipient or any of its employees.
This Subaward is not intended to relieve a liable party of financial or legal responsibility.
SECTION 20. INSURANCE REQUIREMENTS. General Requirements. The Subrecipient shall
maintain for the duration of this Subaward, at its cost and expense, insurance against claims for
injuries to persons or damages to property, including liability, which may arise from or in
connection with the performance of the work by the Subrecipient, agents, employees,
representatives, assigns, or contractors. This insurance shall cover such claims as may be
caused by any negligent act or omission.
Specific Requirements for Commercial General Liability. The Subrecipient shall purchase and
maintain occurrence coverage with combined single limits for bodily injury, personal injury, and
property damage of $750,000 per occurrence and $1,500,000 aggregate per year to cover such
claims as may be caused by any act, omission, or negligence of the Subrecipient or its officers,
agents, representatives, assigns or contractors.
This Subaward consists of pages 1 – 8, plus the following appendices:
• Appendix A [Form AD-1048]
• Appendix B [Quarterly Report Format]
• Appendix C [Final Report Format]
• Appendix D [Request for Disbursement Form].
The Subrecipient hereby accepts this Subaward according to the above terms and conditions.
__________________ By: ______________________________________________
Date Subrecipient or Subrecipient’s Authorized Representative
_____________________________________________
Printed Name
__________________ By: ______________________________________________
Date DNRC Authorized Representative
______________________________________________
Printed Name
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Brian Heaston
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This form is available electronically. Form Approved – OMB No. 0505-0027
Expiration Date: 04/30/2022
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion AD-1048
Lower Tier Covered Transactions
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations
implementing Executive Order 12549, Debarment and Suspension, and 2 C.F.R. §§ 180.300, 180.335, Participants' responsibilities. The regulations were
amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of
Agriculture agency offering the proposed covered transaction.
According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to
complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information . The provisions of appropriate criminal and
civil fraud privacy, and other statutes may be applicable to the information provided.
(Read instructions on page two before completing certification.)
A.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency;
B.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME
NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)
SIGNATURE(S) DATE
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and
institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or
incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact
the responsible agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program
information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint
(https://www.ascr.usda.gov/filing-program-discrimination-complaint-usda-customer) and at any USDA office or write a letter addressed to USDA and provide in the letter all of the
information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442.
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City of Bozeman FHE-21-101
Brian Heaston
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Instructions for Certification
(1)By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in
accordance with these instructions.
(2)The certification in this clause is a material representation of fact upon which reliance was placed when this transaction wa s
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification , in
addition to other remedies available to the Federal Government, the department or agency with which this transaction originat ed
may pursue available remedies, including suspension or debarment.
(3)The prospective lower tier participant shall provide immediate written notice to the person(s) to which this proposal is subm itted if
at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
(4)The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "per son,"
"primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set o ut
in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You
may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
(5)The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be en tered into,
it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineli gible,
or voluntarily excluded from participation in this covered transaction, unless authorized by the department or a gency with which
this transaction originated.
(6)The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certif ication
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
(7)A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determin es the eligibility of its
principals. Each participant may, but is not required to, check the System for Award Management (SAM) database.
(8)Nothing contained in the foregoing shall be construed to require establishment of a syste m of records to render in good faith the
certification required by this clause. The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
(9)Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded fr om
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or debarment.
Form AD-1048 (REV 12/18)
Page 2 of 2
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QUARTERLY REPORT FOR SUBAWARD AGREEMENT NUMBER: xxx - xx - xxx
Reporting period: Select Quarter , Select Year
Agreement termination date: Click to enter/select date
List Outreach Activities # Educational Programs
Completed
This Quarter this quarter this quarter
Enter Narrative Here. A narrative describing project progress, process, challenges, and other pertinent
information is required. If project includes multiple geographic areas, please provide a detailed
description of where project accomplishments occurred (e.g., 20 acres and 10 property assessments
completed in Gold Creek, 1 community meeting held in Potomac, etc.). Include before/after photos and
other representative information to support narrative.
Enter Summary Here. A summary of a monitoring review held with DNRC staff member, as applicable.
Appendix B
SUBAWARD AGREEMENT
SUGGESTED QUARTERLY REPORT FORMAT
Enter Name of Organization Here
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Subaward Agreement
FINAL REPORT FORMAT
Title Page:
1. Subrecipient’s name, address & telephone numbers.
2.Name, address, and telephone numbers of others who may be contacted concerning the
project if the primary contacts are not available.
3.Funding: Total project cost and amount of subaward.
Introduction:
Describe the project history, project location, and the purpose of the project.
Discussion and Results:
1.Document that project goals, objectives, and tasks identified in the Subaward have been
completed. Copy the project goals, objectives, and tasks verbatim. After listing each
goal, object, and task, document that they were completed. If any were not completed,
explain why. It is very important that you provide evidence that the agreement was
completed as agreed to in Section 4 of the Subaward, Project Scope.
2.Summarize any problems encountered and solutions adopted. What would you do
differently?
Public Benefits:
List the anticipated overall public benefits of the project as stated in the grant application. Were
these benefits realized? If not, explain why not.
Subaward Administration & Project Costs:
1. Budget
Include a summary of how the monies were spent by budget category and source of
funding. Was the project completed according to budget? Explain any cost overruns or
savings. Discuss any unbudgeted expenses that arose over the course of the project.
2.Matching Funds
Identify the matching funds that were to be spent according to the Subaward. Document
that these funds were spent. If not all matching funds were spent, explain why.
Appendix C
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Grant Agreement Number / Project Name
From (mm/dd/yy):To (mm/dd/yy):
Direct Costs:
Subrecipient Salary/Wages/Benefits $0.00
Operating Expenses $0.00
Payments to Landowners (Beneficiaries)$0.00
Contracted Services $0.00
SubTotal $0.00 $0.00 $0.00 $0.00 $0.00
Indirect Costs:$0.00
TOTAL $0.00 $0.00 $0.00 $0.00 $0.00
Date
Grant balance
remaining
(after this request)
Cumulative match
expenses to date
(if applicable)
Request for Disbursement of DNRC Grant Funds / Financial Status Report
Request for Reimbursement
Grantee Name
Period covered by this request:
Request for Advance
Grantee Representative / Preparer's Signature
Total Grant Budget
by category
(from grant agreement)
Funds received from
DNRC
(before this request)
Disbursement
amount
requested
Revised Aug 2015
Appendix D
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Certificate Of Completion
Envelope Id: E2F03E8C0A39405084EBBB8CC2D55169 Status: Sent
Subject: Please use included link to DocuSign DNRC agreement FHE-21-101
Source Envelope:
Document Pages: 13 Signatures: 0 Envelope Originator:
Certificate Pages: 4 Initials: 0 Lorie Palm
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1539 11th Avenue
Helena, MT 59601
lpalm@mt.gov
IP Address: 161.7.39.7
Record Tracking
Status: Original
11/4/2021 9:37:47 AM
Holder: Lorie Palm
lpalm@mt.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Montana Dept of Natural Resources &
Conservation
Location: DocuSign
Signer Events Signature Timestamp
Brian Heaston
bheaston@bozeman.net
Security Level: Email, Account Authentication
(None)
Sent: 11/4/2021 9:48:33 AM
Viewed: 11/4/2021 10:16:11 AM
Electronic Record and Signature Disclosure:
Accepted: 11/4/2021 10:16:11 AM
ID: dbdda3c0-4603-485d-a8c2-83379a3e8b00
Erik Warrington
ewarrington@mt.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/29/2021 8:57:36 AM
ID: 1d0f45d7-f9d7-4908-88b1-129d2b219653
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/4/2021 9:48:33 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Montana Dept of Natural Resources & Conservation (we, us or Company)
may be required by law to provide to you certain written notices or disclosures. Described below
are the terms and conditions for providing to you such notices and disclosures electronically
through the DocuSign system. Please read the information below carefully and thoroughly, and if
you can access this information electronically to your satisfaction and agree to this Electronic
Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the
check-box next to ‘I agree to use electronic records and signatures’ before clicking
‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 11/13/2020 9:32:35 PM
Parties agreed to: Brian Heaston, Erik Warrington
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Montana Dept of Natural Resources & Conservation:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: kgermaine@mt.gov
To advise Montana Dept of Natural Resources & Conservation of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at kgermaine@mt.gov and in the
body of such request you must state: your previous email address, your new email address. We
do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Montana Dept of Natural Resources & Conservation
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to kgermaine@mt.gov and in the body of
such request you must state your email address, full name, mailing address, and telephone
number. We will bill you for any fees at that time, if any.
To withdraw your consent with Montana Dept of Natural Resources & Conservation
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to kgermaine@mt.gov and in the body of such request you must state your
email, full name, mailing address, and telephone number. We do not need any other information
from you to withdraw consent.. The consequences of your withdrawing consent for online
documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Montana Dept of Natural Resources & Conservation as
described above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations, acknowledgements, and other documents that are required to
be provided or made available to you by Montana Dept of Natural Resources &
Conservation during the course of your relationship with Montana Dept of Natural
Resources & Conservation.
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Memorandum
REPORT TO:City Commission
FROM:Jeff Mihelich, City Manager
Cory Klumb, Police Captain
SUBJECT:Authorize the City Manager to Sign a Master Services Purchase Agreement
and Statement of Work with Upstate Wholesale Supply Company D/B/A
“Brite”, to Purchase a Fully Integrated Body-Worn Camera, Interview Room
Video, Patrol Car Video, and Mobile Data Terminal System, Including
Hardware, Software, Cloud Storage and Warranty.
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Master Services Purchase Agreement
and Statement of Work with Upstate Wholesale Supply Company D/B/A
“Brite”, to Purchase a Fully Integrated Body-Worn Camera, Interview Room
Video, Patrol Car Video, and Mobile Data Terminal System, Including
Hardware, Software, Cloud Storage and Warranty.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The Bozeman Police Department is committed to transparency to the
citizens of Bozeman. Body-worn cameras (BWCs) are an important
technological tool and will assist the department by improving evidentiary
outcomes, increasing transparency, and enhancing the safety of the public
and officers. Additionally, the BWC system purchase follows through on the
City Manager’s recommendation in the 2020 Bozeman Inclusive City Report.
While the BPD currently utilizes patrol car video and audio, there are
proximal and storage limitations to the system. BWCs will fill this gap. Proper
implementation and administration of a BWC system requires compatibility
throughout the entire video network. This means that video and audio that
is captured needs to seamlessly integrate with patrol car video, mobile data
terminals, and the Bozeman Public Safety Center interview rooms to
maximize efficiency through proper case and records management.
Pursuant to a Request for Proposals issued in 2020, t he Bozeman Police
Department and City of Bozeman IT Department conducted a
comprehensive search by evaluating several vendors, weighing the ability of
their products to effectively meet these needs with the overall costs.
Through this RFP, we have tentatively entered into a purchase agreement
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with Brite for the purchase of the Getac suite of products. Getac is a
company with over 25 years of rugged computing history with a history of
reliable products, service and warranties. We are confident that Brite/Getac
will meet our needs for many years. Below is breakdown of costs associated
with the system:
FY22 - Getac Video In-Car systems:
24 vehicles; Installation, training, cloud storage, 5 year warranty - $240,547
FY 22-23 –7 interview room cameras at BPSC, with installation, cloud storage
and 4 year warranty - $42,829
FY23 – 60 Body-worn cameras, with cloud storage, docks, installation and 4
year warranty - $146,972
FY24-FY26 – Unlimited Cloud storage and software maintenance - $201,000
(67K per year).
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Patrol car video systems are within the department’s existing FY22 Capital
Improvement Plan budget allocations. Subsequent costs are included in the
Police Department’s future Capital Improvement Plan.
Attachments:
Brite Statement of Work.pdf
Brite Master Services Purchase Agreement.pdf
Report compiled on: November 9, 2021
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MASTER SERVICES AGREEMENT
(Professional Services, BRITEPROTECT, BRITESTAR)
This Master Services Agreement (the “MSA”) is effective as of the 5th day of November, 2021 (the “Effective Date”)
between Upstate Wholesale Supply Company, Inc. D/B/A Brite ("Brite"), a New York corporation having a principal
place of business at 7647 Main Street, Victor, NY 14564, on behalf of itself and its affiliates and the City of Bozeman,
Montana (“Customer”), a self-governing municipal corporation organized and existing under its Charter and the laws
of the State of Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, on behalf of itself, its
subsidiaries, and affiliates. Brite and Customer are individually referred to as a “Party” and collectively as the
“Parties”.
1. SERVICES/STATEMENTS OF WORK. Brite shall provide Customer with certain professional services,
managed IT services and/or managed security services (the “Work”) as specified on each executed Statement of
Work. On and subject to the terms and conditions of this MSA and each executed Statement of Work, Brite shall
perform and deliver the Work, and Customer shall accept and pay for the Work as described in each executed
Statement of Work. Each Statement of Work shall be signed by the authorized signatory of each Party. Each
Statement of Work shall be referenced by date and shall be deemed to be incorporated into this MSA. In the event of
a conflict between the terms of this MSA and any Statement of Work entered into after the Effective Date of this
MSA, the terms of the Statement of Work shall govern.
2. TERM. This MSA shall be effective the Effective Date and, unless sooner terminated as provided herein,
this MSA shall continue for five (5) years (the “Initial Term”). Upon expiration of the Initial Term, this MSA shall
continue a month to month basis (the “Renewal Term” and collectively with the Initial Term, the “Term”), terminable
by either Party on thirty (30) days prior writ ten notice to the other Party. This MSA shall continue to apply to any
Statement of Work in effect beyond the expiration of this MSA.
3. CHARGES. Brite shall submit to Customer periodic invoices for the Work rendered. Unless contrary
payment terms are specified in the applicable Statement of Work, (i) monthly recurring charges for subscription
services shall be billed in advance of the service period and non-recurring charges shall be billed in arrears; and (ii)
the entire amount of such invoices shall be paid within thirty (30) days from the invoice date (the “Due Date”). A
late charge equal to the lesser of 1.5% per month or the maximum amount permitted under applicable law shall be
paid on any invoice past due until such delinquent invoice is paid. All invoices and payments shall be in U.S. dollars.
If amounts due under the Invoice are not paid by the Due Date, Brite may, at its option, upon ten (10) days written
notice, immediately suspend all Work under all Statement(s) of Work until payment is received in full (including
without limitation suspension of access to any Licensed Software) and/or, upon thirty (30) days written notice,
terminate all Statement(s) of Work for breach. Customer shall use all commercially reasonable efforts to notify Brite
of any objection within thirty (30) calendar days of the invoice date, identifying the reasons there for in writing and
timely paying that portion of the invoice not in dispute. Invoices will be considered acceptable to Customer if no such
objections are made with 180 days of the invoice date. The rates for Work do not include any federal, state, county,
local, or other taxes howsoever designated and whether levied or based upon such charges, this MSA, or any other
service supplied hereunder (“Taxes”).
Unless otherwise specified in a Statement of Work, Customer shall reimburse Brite for all reasonable travel and living
expenses incurred by Brite in the course of performing any Work under this MSA, in accordance with the Customer’s
travel policies which the Customer shall provide to Brite p rior to the commencement of any Work. Customer shall
reimburse Brite for all pre-approved third party charges for software, hardware or other materials procured by Brite
for Customer, which equipment shall, upon payment for the same to Brite, becomes the p roperty of the Customer.
4. CONFIDENTIALITY AND SECURITY
A. During the Term of this MSA and anytime thereafter, the receiving Party (“Recipient”) shall not, without the
prior written consent of the disclosing Party (“Disclosing Party”), use, exploit, reveal or disclose any
information that which the Disclosing Party designates as being confidential or which, under the
circumstances surrounding disclosure, the Recipient knows or has reason to know should be treated as
confidential, including but not limited to financial or customer data, the processing system, programs, files,
specifications, drawings, sketches, models, samples, tools or other data, oral, written or otherwise or any
information relating to the Disclosing Party’s business, customers or confidential affairs of the Disclosing
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Party (“Information”); provided that (i) the Information may be disclosed to such of Recipient’s or
Recipient’s affiliate companies’ employees and contractors who have a need to know for the purpose of
fulfilling Recipient’s obligations under this MSA, and (ii) this MSA and the Information may be disclosed
to either of the Party’s respective outside auditors, financial advisors, lenders, attorneys or professional
advisors on a need to know basis with respect to any financing, audit or other engagement of such Party’s
professional advisors. Recipient shall advise any such individuals that the Information is confidential and
that by receiving such information such individuals are agreeing to be bound by the terms of this Section 4
(“Confidentiality”) and are agreeing not to use such information for any purpose other than described herein .
Without the Disclosing Party’s prior written consent, Recipient shall not, and shall direct such individuals
not to, disclose the Information in whole or in part, except to the extent compelled by law .
B. The provisions of this Section 4 shall not apply to information of the Disclosing Party which: (i) is or
becomes through no fault of the Recipient part of the public domain; (ii) was already known to the Recipient
at the time of disclosure as evidenced by written documents; (iii) was independently developed by the
Recipient without reference to or use of information received from the Disclosing Party; or (iv) is rightfully
obtained by the Recipient from a third party outside of this MSA. The Recipient acknowledges that all
information of the Disclosing Party shall be and remain the property of the Disclosing Party. The Recipient
shall return to the Disclosing Party all documents received from the Disclosing Party promptly after a request
by the Disclosing Party.
C. The Recipient shall protect the information of the Disclosing Party with the same degree of care as the
Recipient employs for the protection of the Recipient's own trade secrets and confidential information (but
in no event shall such care be less than that which is commercially reasonable). In furtherance thereof, the
Recipient shall establish and maintain commercially reasonable administrative, physical and technical
safeguards to protect against the unauthorized access, use or disclosure of the other Par ty’s Information.
Each Party agrees to promptly notify the other Party of any unauthorized use or disclosure of the Information
and to provide assistance to such other Party, and its licensors, in the investigation and prosecution of such
unauthorized use and disclosure.
D. It is further understood and agreed that money damages may not be a sufficient remedy for any breach of
Recipient’s obligations under this Section 4 (“Confidentiality”) by Recipient, or any employees, contractors
or advisors under Recipient’s supervision and that the Disclosing Party shall be entitled to seek specific
injunctive relief as a remedy for any such breach. Such remedy shall not be deemed to be the exclusive
remedy for the breach of obligations under this Section 4 (“Confiden tiality”) but shall be in addition to all
other available legal or equitable remedies.
E. If the Parties have previously executed a Nondisclosure Agreement then the terms and conditions of such
Nondisclosure Agreement are hereby incorporated into this MSA by reference. To the extent that there is a
conflict between the terms and conditions of this MSA and such Nondisclosure Agreement, the more
restrictive terms and conditions shall apply.
5. LIMITATION OF LIABILITY. Neither Customer nor Brite shall be liable to the other Party or to any
third party for any lost profits; any loss of business; any cost of replacement services; or any indirect, consequential,
incidental, or special losses or damages of any kind or nature whatsoever, howsoever cau sed, including without
limitation loss of equipment, or software. The Parties agree that the terms in this Limitation of Liability section
represent a reasonable allocation of risk given the nature of the Work to be provided hereunder. The sole and exclusive
remedy of Brite and of Customer for any claim, loss, or damages in any way related to, or arising out of, this MSA or
any Work provided or anticipated to be provided hereunder shall be limited to such Party's actual, direct damages.
The limitations expressed in this section shall not preclude either Party from seeking injunctive relief.
6. WARRANTY. Brite represents and warrants to Customer that it shall perform the Work using personnel of
required skill, experience and qualifications and in a professional and workmanlike manner in accordance with
generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations
under this MSA. Nothing in this MSA (including any Statement of Work) or any materials provided to Customer by
Brite in connection with the Work shall be construed as a promise or guarantee as to the outcome of the Work. Brite
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makes no warranties for any third-party equipment, software and the like furnished by Brite and such warranties shall
be limited to those warranties provided by the third-party equipment manufacturers and the software licensors.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 6, BRITE MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WORK AND EXPLICITLY DISCLAIMS
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT (WHETHER OR NOT BRITE KNOWS, HAS REASON TO KNOW, HAS BEEN
ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO
ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING.
7. COMPLIANCE WITH LAW. Each Party is responsible for ensuring that all materials and information
provided to the other Party to be used in connection with the Work under this MSA, and the Work provided under this
MSA, shall comply with all applicable laws and regulations in the jurisdictions in which the Work is provided
hereunder. Each Party will be responsible for compliance with all laws, rules, and regulations involving, but not
limited to, employment of labor, hours of labor, working conditions, payment of wages, and payment of taxes, such
as unemployment, Social Security, and other payroll taxes, including applicable contributions from such persons when
required by law. In accordance with data privacy laws and regulations applicable to this MSA, which may include,
but not be limited to, the Gramm-Leach-Bliley Act (“GLBA”) and the Health Insurance Portability and Accountability
Act (“HIPAA”), Brite shall not disclose or permit access to or use the non-public personal information of Customer
or its customers made available by Customer to Brite for any purposes other than those specifically required to fulfill
Brite’s contractual obligations with Customer. Further Brite represents that it shall lawfully protect data considered
confidential criminal justice information under applicable law. Brite represents it will store all data in the United
States.
8. INDEMNIFICATION. Brite shall release, indemnify and hold harmless, and defend Customer and its
respective employees, officers, and directors from and against any and all claims, damages, losses, liabilities, actions,
proceedings (whether legal or administrative), demands, and expenses (including but not limited to reasonable
attorneys' fees) threatened, asserted or filed by a third party against Customer (the “Claims”), but only to the extent
that such Claims (i) result from or in any way related to the negligent, reckless, or intentional misconduct of Brite, its
employees, subcontractors, agents, and/or those that it is legally liable for in connection to the Work; (ii) relate to any
personal injury or damage to property resulting from the negligence or willful misconduct of the Brite, its employees,
subcontractors, agents and/or those that it is legally liable for in connection with the Work; or (iii) are based upon any
claim that any materials supplied by Brite(including without limitation the Information) and used by Customer for its
intended purpose and in accordance with the terms of this MSA infringes any copyright, trade secret or other
proprietary right of any third party, provided that the provisions of the foregoing subsection (ii) shall not apply with
respect to any third party software or equipment installed by Brite for Customer or distributed or sub -licensed to
Customer by Brite as an agent or distributor or reseller of the licensor of such software or the equipment.
The obligations of this Section 8 are contingent upon Customer (i) giving the Brite prompt written notice of any such
claim; (ii) allowing Birte to control the defense and related settlement negotiations; and (iii) providing reasonable
cooperation, at Brite’s expense, in the defense and all related settlement negotiations. Brite shall not enter into any
agreement which results in liability to Customer without its prior written consent, which consent (or lack thereof) shall
not be unreasonably delayed, except for liabilities for monetary damages to be paid by Brite. The obligations of this
Section 8 shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would
otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce
any common-law or statutory rights of Customer as indemnitee(s) which would otherwise exist as to such
indemnitee(s).
Brite’s indemnity under this Section shall be without regard to and without any right to contribution from any
insurance maintained by Customer. Should Customer be required to bring an action against Brite to assert its right to
defense or indemnification under this MSA or under Brite’s applicable insurance policies required below, Customer
shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines Brite was obligated to defend the claim(s) or was
obligated to indemnify Customer for a claim(s) or any portion(s) thereof. In the event of an action filed against
Customer resulting from the Customer’s performance under this MSA, Customer may elect to represent itself and
incur all costs and expenses of suit.
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Brite also waives any and all claims and recourse against Customer, including the right of contribution for loss or
damage to person or property arising from, growing out of, or in any way connected with or incident to the performance
of this MSA except “responsibility for [Customer’s] own fraud, for willful injury to the person or property of another,
or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
9. ASSIGNMENT. This MSA may not be enlarged, modified or altered except by written agreement signed
by both parties hereto. Brite may not subcontract or assign Brite’s rights, including the right to compensation or duties
arising hereunder, without the prior written consent of the Customer. Any subcontractor or assignee will be bound by
all of the terms and conditions of this MSA. Neither Party may assign the MSA (including any Statement of Work)
without the prior written consent of the other Party, which consent shall not be unreasonably withheld, delayed or
conditioned, to any entity affiliated with, controlling, controlled by or under common control with such Party, provided
that such assignee affirmatively assumes in writing the obligations of the assigning Party hereunder.
10. FORCE MAJEURE. No Party shall be liable for any default or delay in the performance of its obligations
under the MSA, excluding obligations for the payment of any invoices, if and to the extent the default or delay is
caused, directly or indirectly, by fire, flood, elements of nature, acts of God, acts of war, terrorism or civil unrest, or
any other similar unforeseeable cause beyond the reasonable control of the Party. In such event, the non-performing
Party is excused from further performance for as long as such circumstances prevail and the Party continues to use
commercially reasonable efforts to recommence performance. Any Party so delayed shall promptly notify the other
and describe the circumstances causing the delay.
For the avoidance of doubt, each Party understands and agrees that this contract is being entered into during a period
of a COVID-19 pandemic and while each Party shall use all reasonable efforts to mitigate delays, the timing of
deliverables under this agreement may be impacted by COVID-19 events.
11. LICENSED SOFTWARE AND INTELLECTUAL PROPERTY. To the extent that the Work includes
the license of software for the Customer’s use during the Term (either on a licensed basis or through a software for
services application) (collectively the “Licensed Software”), the Name and Version of the Licensed Software, the
Name of the Licensor (the “Licensor”) and the number of Permitted Users shall be specified on the applicable
Statement of Work. As applicable to any Licensed Software specified on a Statement of Work, Brite, (as the Licensor
or the sub-licensor), hereby grants to Customer a non-exclusive, limited, revocable, non-transferable license to allow
the Permitted Users to use the Licensed Software for its intended purposes, and, as applicable, in accordance with any
end user license terms and conditions of the Licensor (the “EULA”) Customer may not, nor permit any third party to,
copy the Licensed Software; modify, translate or otherwise create derivative works of the Licensed Software , or;
reverse-engineer the Licensed Software. Customer understands and agrees that no title to the Licensed Software, or
any improvement, modification or enhancement thereto, shall pass to the Customer under this MSA. Customer’s
rights in the Licensed Software are limited to the limited license expressly granted herein. As between the Customer
and Brite, Brite exclusively owns all intellectual property rights, title and interest in any ideas, concepts, know-how,
documentation or techniques Brite provides under this MSA, and all technology available on the Brite servers and
equipment (other than those components which ar e licensed from others). Brite shall have the right to use the
techniques, methodologies, tools, ideas and other know-how gained during the performance of the Work in the
furtherance of its own business and to perfect all intellectual property rights related thereto, subject to Brite’s
obligations of confidentiality as set forth in Section 4 hereof with respect to the Customer’s Information.
Notwithstanding any other provision of this MSA to the contrary, including the provisions of Section 17 (Dispute
Resolution), Brite and/or its Licensors shall be entitled to pursue any and all remedies ava ilable at law or in equity in
the event of a breach or threatened breach by Customer of the provisions of this Section 11 and/or the EULA, including
preliminary and permanent injunctions.
12. APPLICABLE LAW AND BINDING EFFECT. This MSA shall be governed by and construed in
accordance with the laws of the State of Montana and shall inure to the benefit of and be binding upon the parties
hereto and their heirs, personal representatives, successors, and permitted assigns. Subject to the provisions of Section
16 (“Dispute Resolution”), the forum for any action brought under or arising out of this MSA shall be the federal or
state courts of Gallatin County, Montana.
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13. TERMINATION. Notwithstanding the provisions regarding the term of this MSA set forth in Section 2
above, and in addition to the parties' rights of termination specifically provided elsewhere in this MSA, the following
shall apply:
A. Except during the term of any Statement(s) of Work, this MSA may be terminated by either Party for
convenience on thirty (30) days advance written notice to the other Party, subject to payment of all
amounts due for Work rendered prior to termination.
B. In the event that one Party breaches any material obligation under this MSA or any Statement(s) of Work
(other than payment obligations, which are governed by Section 3 above), the aggrieved Party shall give
the breaching Party written notice of the breach and request that the breach be cured ("Cure Notice"). If
the breaching Party fails to implement a reasonable corrective action plan and take reasonable action
steps to accomplish the plan within thirty (30) days of receipt of the Cure Notice (or such other mutually
agreed upon time), the aggrieved Party shall have the right to terminate this MSA and any or all
applicable Statement(s) of Work immediately upon providing written notice to the breaching Party. The
aggrieved Party shall have the sole discretion to determine whether the aforementioned corrective action
plan and action steps are reasonable. If Brite’s performance of its obligations are prevented or delayed
by any act or omission of Customer or its agents, subcontra ctors, consultants or employees, Brite shall
not be deemed in breach of its obligations under this MSA.
C. A Party may, at its option, terminate this MSA effective immediately upon written notice upon the
occurrence of an "Insolvency Event of Default" (as defined below) with respect to the other Party. The
occurrence of any one or more of the following events shall constitute an "Insolvency Event of Default":
the other Party admits in writing its inability to pay its debts generally or makes a general ass ignment
for the benefit of creditors; any affirmative act of insolvency by the other Party or the filing by or against
the other Party (which is not dismissed within ninety (90) days) of any petition or action under any
bankruptcy, reorganization, insolvency arrangement, liquidation, or dissolution; or the subjection of a
material part of the other Party's property to any levy, seizure, assignment or sale for or by any creditor.
D. In the event of termination of this MSA and/or any Statement(s) of Work by Brite for Customer’s
uncured breach, or by Customer for its convenience, Customer shall pay Brite the ETF, if any, specified
in the applicable Statement(s) of Work, which ETF shall be due and payable on the termination date.
E. Upon termination of any Statement(s) of Work, Customer shall discontinue its use of any Licensed
Software and return all equipment provided by Brite for Customer’s use in connection with the Work.
Customer’s rights to any Brite Information or the Licensed Software shall immediately terminate.
14. NONDISCRIMINATION AND EQUAL PAY: Brite agrees that all hiring by Brite of persons performing
this MSA shall be on the basis of merit and qualificatio ns. Brite will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti -discrimination laws, regulations, and contracts.
Brite will not refuse employment to a person, bar a person from employment, or d iscriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political
ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, p hysical or
mental disability, except when the reasonable demands of the position require an age, physical or mental disability,
marital status or sex distinction. Brite shall be subject to and comply with Title VI of the Civil Rights Act of 1964;
Section 140, Title 2, United States Code, and all regulations promulgated thereunder.
Brite represents it is, and for the term of this MSA will be, in compliance with the requirements of the Equal Pay Act
of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Brite must report to Customer any violations of
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the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Brite shall require these nondiscrimination terms of its subcontractors providing services under this Agreement.
15. NOTICE. All notices and other communications under this MSA shall be in writing and addressed by
name and address to the Party intended as follows:
To Brite: with a copy to:
Point of Contact Justin Smith
President & COO
Brite
7647 Main Street
Victor, NY 14564
Fax: 585-758-0237
To Customer: with a copy to:
Point of Contact Cory Klumb
Detective Captain, Bozeman Police Department
City of Bozeman
121 North Rouse
P.O. Box 1230
Bozeman, MT 59771
Fax:
or at such other address as a Party hereto may designate by written notice. Notice shall be deemed duly given (i) when
delivered in person; (ii) upon confirmation of a facsimile transmission to the intended recipient; (iii) upon delivery of
electronic mail to the host email system of the intended recipient; or (iv) upon delivery by registered or certified U.S.
mail, return receipt requested, postage prepaid, or by other prepaid delivery service offering proof of delivery.
16. DISPUTE RESOLUTION. In the event of a dispute between the Parties, Customer and Brite agree to
attempt a process of informal dispute resolution involving escalation within each Party’s management organizations.
Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in
negotiated settlement discussions. If the Parties are unable to resolve disputes through informal means or mediation,
the any dispute, controversy, or claim arising out of or relating to this MSA, or the breach, termination, or invalidity thereof
(whether in tort, contract, statute or otherwise) in a court of competent jurisdiction in compliance with the Applicable Law
provisions of this MSA.
17. NO EXCLUSIVE AGREEMENT. Unless otherwise explicitly stated in an applicable Statement of Work,
nothing in this MSA or any Statement of Work shall be deemed to grant to Brite an exclusive right or privilege to
provide any Work to Customer or any Customer affiliate. Customer acknowledges that Brite provides a variety of
services to other parties, and agrees that nothing in this MSA or any Statement of Work shall be deemed or construed
to prevent Brite from (i) providing work or services to any other party, or (ii) developing for itself, or for others,
materials that may be or are competitive to those produced as a result of the Work provided under this MSA, subject
to Brite’s confidentiality obligations with respect to Customer Information in accordance with the provisions of
Section 4 (“Confidentiality”) hereof.
18. PUBLICITY. Customer agrees that as further consideration for the Work, Brite may use the Customer’s
name in Brite’s marketing and promotional materials (including listing the Customer as a customer of Brite on the
Brite website), provided that Brite restricts such usage to identification of the Customer as a customer of Brite and
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makes no representation about the quality, quantity or type of work performed by Brite without the Customer’s written
consent.
19. INSURANCE. Brite agrees to carry, at its sole expense, insurance coverage through insurance companies
duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by Brite in Section 8, as specified in Exhibit A of this MSA. Customer shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s and
Automobile Liability policies. Prior to or contemporaneously with the execution of this MSA, Brite shall furnish
Customer certificates of the insurance required under this Section.
20. RELATIONSHIP OF THE PARTIES. Neither the making of this MSA nor the performance of provisions
of this MSA or any Work shall be construed to constitute either Party hereto as an agent, employee or legal
representative of the other Party for any purpose, nor shall this MSA be deemed to establish a joint venture or
partnership between the Parties. Neither Party shall have any right or authority to create any obligation, warranty,
representation or responsibility, express or implied, on behalf of the other Party, nor to bind the other Party in any
manner whatsoever. The relationship of Brite to Customer under this MSA shall be deemed to be that of an
independent contractor.
21. INVALID PROVISION. The invalidity or unenforceability of any term or provision of this MSA or the
nonapplication of any such term or provision to any person or circumstance shall not impair or affect the remainder
of this MSA, and the remaining terms and provisions hereto shall not be invalidated, but shall remain in full force and
effect and shall be construed as if such invalid unenforceable, or nonapplicable provisions were omitted.
22. WAIVER OR MODIFICATION. No waiver or modification of this MSA or of any covenant, condition
or limitation herein contained shall be valid unless in writing and duly executed by the Party to be charged therewith.
Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding or
litigation between the parties arising out of or affecting this MSA, or the rights or obligations of any Party hereunder,
unless such waiver or modification is in writing and duly executed as aforesaid . The provisions of this paragraph may
not be waived except as herein set forth.
23. SURVIVAL OF RIGHTS AND OBLIGATION. The provisions of Sections 4 (Confidentiality), 5
(Limitation of Liability), 6 (Warranty), 8 (Indemnification), 11 (Intellectual Property), 12 (Applicable Law), 13 (E)
(Termination Damages),, 16 (Dispute Resolution) and 20 (Relationship of the Parties) shall survive the termination or
expiration of this MSA.
24. NO THIRD-PARTY BENEFICIARIES. This MSA is for the sole benefit of the Parties hereto and their
respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon
any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason
of these Terms.
25. COUNTERPARTS. This MSA (including any Statement of Work) may be executed in multiple original,
facsimile or electronic counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same instrument.
26. ENTIRE AGREEMENT. This MSA constitutes the entire agreement of the parties hereto with respect to
the subject matter of this MSA and except as specifically stated herein, supersedes any and all prior negotiations,
understanding and agreements with respect hereto. Section and paragraph headings used throughout this MSA are for
reference and convenience and in no way define, limit or describe the scope or intent of this MSA or affect its
provisions.
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IN WITNESS WHEREOF, the parties hereto have caused this MSA to be executed by their duly authorized
representatives as of the day and year first above written.
UPSTATE WHOLESALE SUPPLY, INC. City of Bozeman, Montana
D/B/A BRITE
By: By:
Print Name: Print Name: Jeff Mihelich
Title: Title: City Manager
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EXHIBIT A
Insurance Requirements
Commercial General Liability Insurance - Including Products and Completed Operations with coverage at least
equivalent to the following except standard industry exclusions are permitted.
Bodily Injury and Property Damage: $1,000,000 per occurrence
Personal Injury: $1,000,000
General Aggregate: $2,000,000
The policy shall include an Additional Insured Endorsement including Customer as an Additional Insured for liability
arising out of this MSA including ongoing operations, products liability and completed operations. This insurance
shall be primary and not seek contribution from any other insurance or self -insurance available to Customer or its
affiliates.
Automobile Liability Insurance - Including owned, leased and non-owned vehicles with coverage at least equivalent
to the following:
Bodily Injury and Property Damage: $1,000,000 per occurrence
This insurance shall be primary and not seek contribution from any other insurance or self -insurance available to
Customer or its affiliates.
Workers’ Compensation and Employers’ Liability -
Workers’ Compensation - Statutory
Employers’ Liability - $1,000,000 per person; $2,000,000 annual aggregate
Crime Insurance – Including employee dishonesty coverage with an endorsement to provide third party
fidelity coverage.
Limit Each Occurrence: $1,000,000
Umbrella Liability – This policy shall provide an additional limit over Commercial General Liability
Insurance, Auto Liability Insurance and Employers’ Liability with coverage at least as broad as the
aforementioned underlying policies, including with respect to any additional insured status.
Limit: $3,000,000
Professional/Errors & Omissions Liability Insurance – This policy shall cover errors or omissions related to the
projects undertaken through this MSA including but not limited to claims for the loss or misuse of personal
information, infringement of copyright, trade dress or other intellectual property and damage to Customer’s network
or data. If written on a claims-made basis, this policy must remain in effect for thirty six (36) months after the
conclusion of the work described herein.
Annual Aggregate Limit: $3,000,000
Cyber Liability Insurance – This policy may be independent or specifically covered in the General Liability
Insurance policy and shall cover data breaches and cyberattacks.
Limit $1,000,000 per occurrence
Technology Errors & Omissions Insurance – This policy shall cover errors or omissions related to the technology
recommended, implemented and deployed through this MSA. This policy may be independent or specifically
covered in a broad cyber liability insurance policy.
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Annual Aggregate Limit: $1,000,000
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Memorandum
REPORT TO:City Commission
FROM:
Luke Kline, Parks and Recreation Contracts Coordinator
Mitch Overton, Parks and Recreation Department Director
Chuck Winn, Assistant City Manager
SUBJECT:
Authorize the City Manager to Sign a Professional Services Agreement with
Advantage Spraying Services Inc. to Provide Snow Removal Services for the
City of Bozeman Parks and Trails District
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with
Advantage Spraying Services Inc. to provide Snow Removal Services for the
City of Bozeman Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:
The City of Bozeman Parks and Recreation Department conducted a request
for proposals process to solicit and acquire professional snow removal
services required to maintain parks grounds and landscape areas in the
newly established City of Bozeman Parks and Trails Special District.
On October 7, 2021 the City received three proposal responses submitted by
qualified vendors to provide the Snow Removal Services. After careful
evaluation of the proposal criteria and required scope of services requested,
Advantage Spraying Services Inc. was determined to be a qualified,
responsive, responsible vendor. Advantage Spraying Services Inc. has
reputable experience providing services for the City Bozeman with an established
ability to accomplish the snow removal services as requested.
The selected contractor Advantage Spraying Services Inc. will complete the
services as defined the attached Professional Services Agreement and
described there in as Exhibit A: Scope of Services P&TD Snow Removal
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Services and Exhibit B: P&TD Snow Removal Services Advantage Land Care.
UNRESOLVED ISSUES:None.
ALTERNATIVES:
As suggested by the City Commission.FISCAL EFFECTS:
Funding is currently allocated for this work within the FY21 and FY22 approved
budget for the Parks and Trails District Maintenance Fund of the Parks and Recreation
Department.
Attachments:
Professional Service Agreement Snow Removal Services
Advantage Spraying Services Inc.pdf
Report compiled on: October 20, 2021
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of November, 2021
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Advantage Spraying Services Inc., 144 Wildcat Way,
Bozeman MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred
to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date unless
earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services in Exhibit A. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified and attached hereto as
Exhibit B . Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City, and
will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
5.Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
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a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
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In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
Professional Services Agreement for Advantage Spraying Services Inc.
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damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
Professional Services Agreement for Advantage Spraying Services Inc.
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In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
•Workers’ Compensation – statutory;
•Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
•Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
•Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
•Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
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to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
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be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Luke Kline, Contracts Coordinator or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Patrick Doran or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
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designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
131
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
Professional Services Agreement for Advantage Spraying Services Inc.
Page 9 of 12
132
Professional Services Agreement for Advantage Spraying Services Inc.
Page 10 of 12
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
133
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than three years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Professional Services Agreement for Advantage Spraying Services Inc.
Page 11 of 12
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Professional Services Agreement for Advantage Spraying Services Inc.
Page 12 of 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
135
Page 1 of 23
REQUEST FOR PROPOSAL (RFP)
PARKS & TRAILS DISTRICT SNOW REMOVAL SERVICES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
September 2021
Exhibit A
136
I.INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from qualified contractors to provide snow
and ice removal services for the Parks and Recreation Department.
The Owner intends to enter into a contract with the selected firm that will include snow and ice
removal services on an “as-needed” basis beginning October 15, 2021 through April 30, 2022.
Work is to be completed within 24 hours of notification from the Parks and Recreation
Superintendent.
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II.PROJECT BACKGROUND AND DESCRIPTION
On May 5, 2020, the City of Bozeman approved the Bozeman Parks and Trails Special District
(District). With the endorsement of Bozeman resident’s the District granted the City
authorization to conduct annual levy assessments for funding to maintain and operate all of the
City owned parks and trails. To accomplish the District objectives the City has developed a
multi-year Parks and Trails District implementation plan designed to achieve steady calculated
increases in level of service standards and sustainable maintenance practices in all City Parks.
On July 1, 2020, the City’s Parks and Recreation Department assumed full responsibility for all
of the District’s designated park properties including the addition of 217 acres of park land
located within subdivision parks previously maintained by home owners/community
associations. To address the requirements for all maintenance, operations, capital and deferred
maintenance needed in the new District the City will establish contracts for professional
services with qualified contractors.
The City of Bozeman is seeking proposals from contractors to perform grounds and landscape
maintenance for parks, trails and amenities within the District. Contractor will provide services
to ensure that City landscapes are effectively and efficiently maintained for the benefit of the
city and its residents. The selected contractor will begin snow removal services in October 2021
and continue services through the completion of the winter season at the end of April 2022.
Exhibit A
137
The routine services will be conducted for approximately a 28 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
The City of Bozeman Parks and Recreation Department is in need of a contractor to remove
snow and ice from sidewalks and park areas within the Bozeman city limits. Snow removal will
be performed on an “as needed” schedule during 2021-2022 winter season.
The scope of services includes:
1.The Contractor is to perform snow and ice removal of sidewalks, pedestrian crossings
any other areas as determined by the Parks Superintendent. Services shall be
completed through various methods such as, but not limited to: chipping, ice melts,
blowing, shoveling, plowing, etc.
2.The Contractor shall use equipment no wider than the sidewalk which is being cleaned.
Equipment shall be of a weight that will not damage the sidewalk or adjacent property.
The contractor shall maintain his operation within the public right of way.
3.Snow and ice must be completely removed from the sidewalks before payment will be
made to the contractor and shall not be moved into streets. If salt or other chemicals
are used to loosen ice, only the minimum amount of salt or other chemicals will be
used to adequately perform this function and the contractor shall refrain from
depositing any resulting salt/ice mixture onto private property, grassed, or landscaped
area.
4.Snow and ice removal shall commence within twenty-four (24) hours after notice by the
City is given to the contractor. The Contractor may be required to work on any day of
the week, including holidays.
Other related services may be requested on an as needed basis. Locations may be added or
removed from the contract at any time. The final scope of services may change and will be
contained in a professional services agreement to be executed by the City and the selected
Contractor.
IV.PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as listed in this RFP and
should identify the item to which the responses applies.
Proposal shall provide the following information, include, at a minimum, the following items:
Exhibit A
138
1.An executive summary not exceeding two pages which summarizes key points of the
proposal and which is signed by an officer of the firm who is responsible for committing
the firm’s resources.
2.A narrative describing the contractor’s qualifications as they relate to the Scope of
Services, including the contractor’s availability of staffing to perform the tasks and
response times for work requests submitted by the City Parks and Recreation
Department.
3.Provide a quote for fixed per hour rate for services listed within Scope of Services. Cost
must include and define all equipment, labor, materials provided and description for all
service provided at fixed per hour rate.
4.Provide a quote for fixed per hour rate for additional services available if not listed in
the scope of services. Include description of all equipment, labor and materials provided
at fixed per hour cost. Provide additional information is needed to describe all services.
5.Contractor shall include any current industry professional certifications, relevant
expertise or experience, three (3) references for similar completed work and work
previously/currently being performed for the City of Bozeman.
Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
V.TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFQ Sunday, September 19, 2021
Sunday, September 26, 2021
Deadline for receipt of proposals No later than 2 PM, MST, October 7, 2021
Evaluation of proposals TBD
Interviews (if necessary) and Selection of
consultants
TBD
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by October 7th at 2PM MST. It is
the sole responsibility of the proposing party to ensure that proposals are received prior to the
closing time as late submittals will not be accepted and will be returned unopened. All
proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net.
Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
Exhibit A
139
PDF file will be allowed per response. The subject line of the transmittal email shall clearly
identify the RFP title, company name and due date/time. File sizes greater than 25MB in size
may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
VI.AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 2 PM MST on September 30th, 2021.
VII.CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, agenda@bozeman.net
Questions relating to scope of services should be directed to: Luke Kline, Contracts
Coordinator, lkline@bozeman.net , and (406) 582-2290.
VIII.SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX.SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• [10 points] Executive Summary
•[60 points] Qualifications of the Firm for Scope of Services; Cost
•[30 points] Related Experience with Similar Projects
Exhibit A
140
X.FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Appendix B.
XI.CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A.This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B.The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C.The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D.The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E.The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F.This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
Exhibit A
141
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G.The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H.Projects under any contract are subject to the availability of funds.
XII.NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
XIII.MISCELLANEOUS
A.No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B.No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C.Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
Exhibit A
142
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D.Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E.Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F.Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV.ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
END OF RFP
Exhibit A
143
Executive Summary
Advantage LandCare is a large HOA, commercial, and residential snow removal company. A large
grouping of our customers are located within the City of Bozeman. Our mission is to provide our
customers with a professional snow removal service, and to exceed the expectations of our customers.
At Advantage LandCare, we have been providing snow removal services for commercial accounts,
residential homeowners, and large HOA’s within the City of Bozeman since 2008. Our approach to these
projects is to provide a timely and high level of service on these properties. We do this by extensive
training of our employees, as well as purchasing and maintaining proper equipment to handle projects
of this size.
We require a professional appearance from our staff, and keep our equipment in proper working order
at all times. This is done by providing year-round salaried positions to our employees, proper
equipment, as well as consistent upkeep and repair of our snow removal equipment. As owners we
handle all maintenance duties to keep our equipment running smoothly throughout the winter season.
Safety training for our employees, as well as proper personal protective equipment is also provided for
their use at all times. Snow removal services from Advantage LandCare operate from November 1st
through March 31st. However, we are available before and after those dates if requested.
Patrick Doran
Steve Lee
Exhibit B
144
Contractor Narrative
Advantage Landcare has been providing snow removal within the city of Bozeman since 2008. Before
that Patrick Doran & Steve Lee (owners) were working for a local company providing snow removal for
the previous 6 years. As owners of the company, we are directly involved with our snow removal
operations during every event. We consider snow removal to be an emergency service, and because of
that it must be completed in a consistent, timely, and professional manner. Our services include
residential, commercial, and large HOA snow removal from parking lots & sidewalks. We also offer ice
melt services on parking lots and sidewalks at our client’s request.
At Advantage Landcare we are consistently providing training to our employees, as well as offering
advancement within our company. Labor shortages in Bozeman have been a challenge throughout the
past year. However, we have been able to remain fully staffed throughout these challenging times. We
accomplish this through advertising, and offering competitive wages with benefits to our employees.
Exhibit B
145
Scope Of Services
Following Is A List Services With An Hourly Rate For These Services.
•Snow Plowing From Sidewalks & Pedestrian Cross Walk Ramps: $125.00 Per Hour
•Snow Blowing From Sidewalks & Pedestrian Cross Walk Ramps: $125.00 Per Hour
•Ice Melt Services On Sidewalks & Pedestrian Cross Walk Ramps: $65.00 Per Bag Of Ice Melt
Applied. Price Includes Labor & Materials.
•Chipping Of Ice From Sidewalks & Pedestrian Cross Walk Ramps: $50.00 Per Hour
Following Is A List Of Equipment Advantage Landcare Uses For Sidewalk Snow & Ice Removal.
•(2) Ventrac 4500 Z’s with snow plow, broom, & snow blower.
•(3) Boss Snowrators with plow
•(1) Bobcat Toolcat with plow & blower
•(2) ATV’s with plow
•(10) Walk behind snow blowers
•(1) Walk behind push spreader
City Of Bozeman Accounts That Advantage Landcare Can Provide Service For
•Any accounts in zone 1 that we are currently providing landscape maintenance on.
Exhibit B
146
Professional References
Kevin Black - Account Manager for Cook Development
(406)579-0560 kblack@cookdevelopmentmt.com
Kathi Thorsen – Property Manager/Owner Legacy Properties
(406)577-1470 kathi@bozemanlegacy.com
Tom White or Luke Kline – City Of Bozeman Parks Department
TWhite@bozeman.net
lkline@bozeman.net
Exhibit B
147
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
�uo-J'-.� L�s:.N----L..(name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer's employees and to all subcontracts.
In addition, �\�R.._ L�c.� (name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices"
website, https://wayback.archive-it.org/499/20210701223409/https:/equalpay.mt.gov/, or
equivalent "best practices publication and has read the material.
���'\)o,°">, \J �c�-\�\€.-s,�\-
Name and title of person authorized to sign on behalf of submitter
Exhibit B
148
Memorandum
REPORT TO:City Commission
FROM:Luke Kline, Parks and Recreation Contracts Coordinator
Mitch Overton, Parks and Recreation Department Director
Chuck Winn, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Clean
Slate Group LLC. to Provide Snow Removal Services for the City of Bozeman Parks and
Trails District
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with Clean
Slate Group LLC. to provide Snow Removal Services for the City of Bozeman Parks and
Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:
The City of Bozeman Parks and Recreation Department conducted a request
for proposals process to solicit and acquire professional snow removal
services required maintain parks grounds and landscape areas in the newly
established City of Bozeman Parks and Trails Special District.
On October 7, 2021 the City received three proposal responses submitted by
qualified vendors to provide the Snow Removal Services. After careful
evaluation of the proposal criteria and required scope of services requested,
Clean Slate Group LLC. was determined to be a qualified, responsive and
responsible vendor. The Clean Slate Group LLC. has a demonstrated history
of providing services including park maintenance, graffiti removal and
sanitation services to the City Bozeman since 2011. The Clean Slate Group
LLC. snow removal division is capable of providing a diverse assortment of
equipment, tools, materials and staff to complete snow removal tasks as
requested by the City.
The selected contractor Clean Slate Group LLC. will complete the services as
defined the attached Professional Services Agreement and described there
in as Exhibit A: Scope of Services P&TD Snow Removal Services and Exhibit B:
149
P&TD Snow Removal Services Clean Slate Group LLC.
UNRESOLVED ISSUES:None.
ALTERNATIVES:
As suggested by the City Commission.FISCAL EFFECTS:
Funding is currently allocated for this work within the FY21 and FY22
approved budget for the Parks and Trails District Maintenance Fund of the
Parks and Recreation Department.
Attachments:
Professional Service Agreement Snow Removal Services Clean
Slate Group LLC..pdf
Report compiled on: October 21, 2021
150
Professional Services Agreement for Clean Slate Group LLC.
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of November, 2021
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Clean Slate Group LLC., 34 Outlier Way, Bozeman,
MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date unless
earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services in Exhibit A. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified and attached hereto as
Exhibit B. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City, and
will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
5.Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
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Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
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agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
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limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
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opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
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nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Luke Kline, Contracts Coordinator or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Ryan Rickert or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
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and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17.Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
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in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
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31.Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than three years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Page 1 of 23
REQUEST FOR PROPOSAL (RFP)
PARKS & TRAILS DISTRICT SNOW REMOVAL SERVICES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
September 2021
Exhibit A
162
I.INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from qualified contractors to provide snow
and ice removal services for the Parks and Recreation Department.
The Owner intends to enter into a contract with the selected firm that will include snow and ice
removal services on an “as-needed” basis beginning October 15, 2021 through April 30, 2022.
Work is to be completed within 24 hours of notification from the Parks and Recreation
Superintendent.
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II.PROJECT BACKGROUND AND DESCRIPTION
On May 5, 2020, the City of Bozeman approved the Bozeman Parks and Trails Special District
(District). With the endorsement of Bozeman resident’s the District granted the City
authorization to conduct annual levy assessments for funding to maintain and operate all of the
City owned parks and trails. To accomplish the District objectives the City has developed a
multi-year Parks and Trails District implementation plan designed to achieve steady calculated
increases in level of service standards and sustainable maintenance practices in all City Parks.
On July 1, 2020, the City’s Parks and Recreation Department assumed full responsibility for all
of the District’s designated park properties including the addition of 217 acres of park land
located within subdivision parks previously maintained by home owners/community
associations. To address the requirements for all maintenance, operations, capital and deferred
maintenance needed in the new District the City will establish contracts for professional
services with qualified contractors.
The City of Bozeman is seeking proposals from contractors to perform grounds and landscape
maintenance for parks, trails and amenities within the District. Contractor will provide services
to ensure that City landscapes are effectively and efficiently maintained for the benefit of the
city and its residents. The selected contractor will begin snow removal services in October 2021
and continue services through the completion of the winter season at the end of April 2022.
Exhibit A
163
The routine services will be conducted for approximately a 28 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
The City of Bozeman Parks and Recreation Department is in need of a contractor to remove
snow and ice from sidewalks and park areas within the Bozeman city limits. Snow removal will
be performed on an “as needed” schedule during 2021-2022 winter season.
The scope of services includes:
1.The Contractor is to perform snow and ice removal of sidewalks, pedestrian crossings
any other areas as determined by the Parks Superintendent. Services shall be
completed through various methods such as, but not limited to: chipping, ice melts,
blowing, shoveling, plowing, etc.
2.The Contractor shall use equipment no wider than the sidewalk which is being cleaned.
Equipment shall be of a weight that will not damage the sidewalk or adjacent property.
The contractor shall maintain his operation within the public right of way.
3.Snow and ice must be completely removed from the sidewalks before payment will be
made to the contractor and shall not be moved into streets. If salt or other chemicals
are used to loosen ice, only the minimum amount of salt or other chemicals will be
used to adequately perform this function and the contractor shall refrain from
depositing any resulting salt/ice mixture onto private property, grassed, or landscaped
area.
4.Snow and ice removal shall commence within twenty-four (24) hours after notice by the
City is given to the contractor. The Contractor may be required to work on any day of
the week, including holidays.
Other related services may be requested on an as needed basis. Locations may be added or
removed from the contract at any time. The final scope of services may change and will be
contained in a professional services agreement to be executed by the City and the selected
Contractor.
IV.PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as listed in this RFP and
should identify the item to which the responses applies.
Proposal shall provide the following information, include, at a minimum, the following items:
Exhibit A
164
1.An executive summary not exceeding two pages which summarizes key points of the
proposal and which is signed by an officer of the firm who is responsible for committing
the firm’s resources.
2.A narrative describing the contractor’s qualifications as they relate to the Scope of
Services, including the contractor’s availability of staffing to perform the tasks and
response times for work requests submitted by the City Parks and Recreation
Department.
3.Provide a quote for fixed per hour rate for services listed within Scope of Services. Cost
must include and define all equipment, labor, materials provided and description for all
service provided at fixed per hour rate.
4.Provide a quote for fixed per hour rate for additional services available if not listed in
the scope of services. Include description of all equipment, labor and materials provided
at fixed per hour cost. Provide additional information is needed to describe all services.
5.Contractor shall include any current industry professional certifications, relevant
expertise or experience, three (3) references for similar completed work and work
previously/currently being performed for the City of Bozeman.
Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
V.TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFQ Sunday, September 19, 2021
Sunday, September 26, 2021
Deadline for receipt of proposals No later than 2 PM, MST, October 7, 2021
Evaluation of proposals TBD
Interviews (if necessary) and Selection of
consultants
TBD
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by October 7th at 2PM MST. It is
the sole responsibility of the proposing party to ensure that proposals are received prior to the
closing time as late submittals will not be accepted and will be returned unopened. All
proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net.
Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
Exhibit A
165
PDF file will be allowed per response. The subject line of the transmittal email shall clearly
identify the RFP title, company name and due date/time. File sizes greater than 25MB in size
may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
VI.AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 2 PM MST on September 30th, 2021.
VII.CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, agenda@bozeman.net
Questions relating to scope of services should be directed to: Luke Kline, Contracts
Coordinator, lkline@bozeman.net , and (406) 582-2290.
VIII.SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX.SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• [10 points] Executive Summary
•[60 points] Qualifications of the Firm for Scope of Services; Cost
•[30 points] Related Experience with Similar Projects
Exhibit A
166
X.FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Appendix B.
XI.CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A.This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B.The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C.The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D.The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E.The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F.This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
Exhibit A
167
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G.The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H.Projects under any contract are subject to the availability of funds.
XII.NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
XIII.MISCELLANEOUS
A.No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B.No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C.Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
Exhibit A
168
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D.Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E.Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F.Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV.ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
END OF RFP
Exhibit A
169
Clean Slate Group
34 Outlier Way Bozeman, MT 59718
28 September 2021
2021/2022 Parks & Trails District Snow Removal Services Contract Proposal
The City of Bozeman is seeking proposals from firms to provide snow and ice removal services
on an "as needed" basis for the City of Bozeman Parks and Recreation Department beginning on
October 15, 2021 and ending April 30th, 2022. Clean Slate Group (CSG) understands that our
services will be conducted routinely, as needed, for approximately 28 weeks in total or a 7 month
period ( or anytime of the year, because 'it's Montana after all!'). CSG understands that a contract
proposal does not enter the City of Bozeman into an agreement to pay any expenses incurred in
preparation of this response to proposal. CSG also understands that the City of Bozeman reserves
the right to accept or reject this proposal if it is in their best interest to do so. CSG understands
and agrees that we will operate under the laws set out by the State of Montana and the City of
Bozeman, including but not limited to applicable wage rates, payments, gross receipts taxes,
equal opportunity employment, safety, non-discrimination, etc. Additionally, the entire CSG
team understands that at the end of the day, you have your word and your name. Each of us
takes great pride in working hard, being honorable and representing ourselves & our clients well.
With CSG, you will get a courteous crew of hard working individuals that know how to be
professional at all times and be a value-add wherever they go.
CSG agrees to the following: snow and ice removal of sidewalks, pedestrian crossings and any
other areas determined by the Parks Superintendent. We agree that our services shall be
completed through the means of chipping, ice melts, blowing, shoveling, and plowing. CSG
agrees to use equipment no wider than the sidewalk which is being cleaned, and the equipment
used shall be of a weight that will not damage the sidewalk or adjacent property. CSG agrees to
the terms of snow and ice being completely and properly removed before any payment will be
made by the city. CSG also agrees to use the minimum amount of salt or ice melt necessary to
complete the task of breaking up ice, to insure landscaping or private prope1iy is not damaged.
CSG also agrees that snow removal will be completed within twenty-four hours after notice by
the city is given. CSG understands that work may have to be completed during the weekends and
even holidays if needed.
Ryan Ricke1i
Founder/President
Clean Slate Group, LLC
Exhibit B
170
CSG has a dedicated crew of 5 employees for snow removal throughout the winter and spring
months, as well as for gopher mitigation, dog station & park trash maintenance, etc throughout
the year. We operate our snow removal division with an assmirnent of different equipment and
tools. Our equipment includes, but is not limited to:
•2020 Canarn Outlander four wheeler with a 54" adjustable blade snowplow•12' equipment trailer
•2 walk behind snow blowers
•Snow shovels, ice chippers, misc handheld snow removal equipment
Upon acceptance of this proposal, CSG has a pending purchase of a 2021 Bobcat 5600 To olcat
with: snow brush, snow plow, and material spreader, as well as a 2021 Titan 20' equipment
trailer.
For the services laid out in this proposal CSG charges $70.00 per man hour. This charge reflects
the cost to CSG for all of the following: payroll for fair labor wages, fuel costs, insurance,
equipment maintenance costs, consumables (ice melts and brines), and general overhead costs. In
CSG's experience of doing snow removal at high priority parks like Peets Hill we have found it
advantageous to deploy multiple employees at one location to get projects done quickly, prior to
significant foot traffic and to the highest quality possible. This charge is for CSG's general snow
removal services.
For the additional snow and ice removal services or any miscellaneous services, which include
but are not limited to, hand shoveling handicap access ramps, breaking up ice dams and other ice
hazards, widening paths and brooming sidewalks upon arrival of To ol cat, spraying beet based
brines where salt or sand are unacceptable, and custom snow removal work (hand shoveling
ce1iain areas where machinery will not work). CSG's hourly rate remains $70.00 dollar an hour
fee. This charge is representative to the costs of: consumables overhead, fuel, equipment
maintenance and equipment overhead. CSG takes these additional snow and ice removal
services very seriously and we try to take care of them with the utmost expediency, so we may
deploy as many employees as necessaiy to resolve these issues and get the job site back to
normal.
CSG has had a long history of working for the City of Bozeman with a variety of site services,
including graffiti removal and prevention since November of 2011. During the 2020 to 2021
snow season, CSG spent 107 hours doing snow removal for the City of Bozeman Pmks and Rec
at Arrow Dog Park and Burke/Peet' s Hill Park walking u·ail. CSG has multiple contracts with the
city for gopher abatement work, dog station maintenance, and the sanitization of bathrooms for
City of Bozeman parks. We provide snow removal, graffiti removal/prevention and gopher
abatement setvices to multiple private companies throughout the city. References for this prior
work can be contacted bel ow.
•Thorn White at City of Bozeman Parks ( 406)-579-633 l or twhite@bozernan.net
•Chris Leonard at Bridger Ops: ( 406)-539-9862 or chris@bridgerops.com
•Irene Dahl at Dahl Funeral Horne: (406)-586-5298 or irene@dahlcmes.com
Additional Professional Ce1iifications CSG and its employees hold:
Montana Department of Agriculture, Commercial Pesticide Applicator Licence # 106369-12
Exhibit B
171
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
-G \ e,CU') �\ Gtte, bYajf LL(; (name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer's employees and to all subcontracts.
In additi�n, c\oo;Yl �\c�te;Gv-ovr LLG (name of entity submitting} hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act}, and has visited the State of Montana Equal Pay for Equal Work "best practices"
website, https://wayback.archive-it.org/499/20210701223409/https:/egualpay.mt.gov/, or
equivalent "best practices publication and has read the material.
of person authorized to sign on behalf of submitter
Exhibit B
172
Memorandum
REPORT TO:City Commission
FROM:Adam Oliver, Stormwater Program Manager
Scott Shirley, Interim Director of Public Works
Jeff Mihelich, City Manager
SUBJECT:Authorize the City Manager to Sign a Task Order 7 of the Stormwater Design
Professional Services Master Task Order Agreement with DOWL, LLC for the
South Tracy Stormwater Improvements
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Task Order 7 of the Stormwater Design
Professional Services Master Task Order Agreement with DOWL, LLC for the
South Tracy Stormwater Improvements.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:In 2019, the Stormwater Division (Division) advertised a Request for
Qualifications for on-call engineering services. The Division selected DOWL,
LLC (Consultant), negotiated a three-year task order based Professional
Services Agreement (PSA), and delivered the PSA to the Commission on
September 16, 2019, for approval. The Division hires the Consultant as
projects arise, and funding is available. Attached is Task Order 7 of the
governing PSA, ready for the Commission’s consideration.
Task Order 7 contracts with the Consultant for the design and construction
oversight necessary to complete the South Tracy Stormwater Improvements
(Project). The Project is preventative and includes the rehabilitation of
approximately 750 feet of degraded stormwater pipelines. One segment is
along Tracy Ave. between Babcock and Mendenhall. The other is at South
Tracy Ave. and Cleveland St., running east in an easement. The pipes are
around 100 years old and are deteriorating. A failure in the existing system
could result in flooding, road collapse, and costly repairs.
The Division completes portions of this work in-house to reduce project
costs; however, some aspects are outside the Division’s capacity. Services
also minimize risk when construction-related issues arise in the field and
provide insurance that the City receives a quality infrastructure product.
UNRESOLVED ISSUES:None
173
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:The Commission approved Historic Pipe and Infrastructure Replacement
Program with the FY22 City Budget ($280,000 STDM04).
Payments for services provided will be on a time and material basis, not to
exceed $79,700. Staff reviewed Task Order 7 and found its contained scope
and budget to be commensurate with the proposed services.
Attachments:
TO 07 South Tracy Stormwater Scope of Services.pdf
Professional Services Master Task Order Agreement.pdf
Report compiled on: November 4, 2021
174
Page 1
Task Order #07
Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
Introduction
The City of Bozeman (City) Stormwater Division has identified two (2) stormwater collection pipelines in need of
replacement due to their age, hydraulic capacity, and upstream development/improvements in the contributing
drainage basin. The storm drain replacement projects are part of the City’s Stormwater Capital Improvement Plan
and are further described below:
South Tracy Ave - Cleveland Street
The City would like to replace approximately 230 feet of 18-inch diameter vitrified clay storm drain pipe
located within City right-of-way and a utility easement on private property east of the South Tracy Avenue
and Cleveland Street intersection. The primary driver of the project is to replace the aging storm drain
pipe prior to the redevelopment of the private property parcel (918 South Tracy Ave.), and future
downstream stormwater improvements.
South Tracy Ave. – Babcock to Main Street
The City has identified approximately 580 feet of 12-inch diameter vitrified clay storm drain within South
Tracy Avenue from East Babcock Street to the alleyway north of East Main Street as deteriorated and a
hydraulic constraint in the stormwater collection system. In 2018, the storm drain main south of East
Babcock Street (upstream) was replaced with 18-inch diameter PVC pipe, and a stormwater treatment
unit was installed near the alleyway north of East Main Street (downstream). Additionally, a 2019 video
inspection of the 12-inch storm drain revealed pipe deflection (squashed pipe) which could lead to failure
of the brittle vitrified clay pipe. The City would like to replace the 580 feet of 12-inch diameter storm drain
with consideration to using a trenchless means of construction.
The following scope of services for the above described projects will generally consist of topographical surveys,
preliminary design recommendations for sizing and construction methods, permitting, development of
construction documents, and construction administration services. A detailed description of engineering services
is identified in the subsequent sections. It is assumed that the City of Bozeman will provide Project Management
throughout the duration of the projects and will be responsible for the following tasks:
Bidding and Contract Negotiations
Hosting the Pre-bid and Pre-construction Meetings
Reviewing Construction Schedules
Providing Public Outreach and Coordination with Property Owners
Acquiring necessary project easements
Administering Recommended Change Orders and Work Change Directives
Processing Applications for Payment
Managing the Construction Contract and Related Disputes (as needed)
Issuing Notice of Substantial and Final Project Completion
Providing other Non-Technical General Construction Administration Tasks
175
Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
Page 2
DOWL will provide the following project design and construction administration services for the proposed
Projects.
Scope of Services (Basic Services)
The below tasks will be completed for both proposed storm drain replacement projects unless specified otherwise
in the project task description. Project invoices will be delivered electronically to the City’s Project Manager
monthly for processing and payment. Invoicing will track each project separately on the same invoice and will
include services completed for the invoiced period, monthly charges, total spent, and amount remaining.
Task 1. Preliminary Project Design
1. Complete the following specific tasks related to the preliminary design of the 2021 South Tracy
Stormwater Improvements project:
a. Task 100 – Project Management, Quality Control, and Design Review Meeting(s): Perform general
project management tasks, including job setup, contracting, internal quality control procedures,
project planning, scheduling, and coordination calls and meetings related to Task 1.
b. Task 110 – Utility Locates and Survey: Survey base mapping will be developed for the two (2)
project corridors. Services performed under this task will include requesting utility locates, survey
of utilities, and topographic survey of the project vicinity. DOWL will develop and submit a utility
locate request and will survey the locations of utilities within the project corridor. Rim elevation
survey and measure-downs to pipe inverts will be completed to document existing pipe elevations
and sizes of the stormwater, sanitary sewer and water infrastructure. The survey will be
completed in NAD83 state plane coordinates and using the vertical datum NAVD88. DOWL will
notify the City of Bozeman in advance of the utility locates and survey to obtain permission to
enter private property in the vicinity of the project.
c. Task 120 – Preliminary Design: DOWL will evaluate the existing hydraulic capacity based on the
collected field data obtained in Task 110 of sections of the storm drain proposed for improvement,
in addition to the upstream and downstream reaches. DOWL will provide recommendations to
the City for the means of pipe replacement construction, i.e. traditional trench and replacement
or in situ trenchless pipeline replacement. The sizing of the replacement storm drains will be
based on a balance of required sizing based on previously completed stormwater modeling
studies and practical solutions based on site-specific project constraints. Additional hydrologic
modeling of the contributing stormwater basins will not be completed for pipe sizing
recommendations.
2. The following project deliverables will be provided to the City for review and comment. DOWL will provide
digital PDF copies of all deliverables. It is assumed that review comments will be received from the City
within 14 days of receipt of each review set described below.
a. Technical Memorandum of design assumptions, recommended construction methods, project
exhibit(s), and a preliminary engineer’s estimate of probable construction cost.
3. Design Review Meeting: A design review meeting will be conducted after the Technical Memorandum
submittals to review the project recommendations and discuss City comments. It is assumed that the
design review meeting will be held virtually via teleconference or Microsoft Teams.
176
Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
Page 3
Task 2. Construction Documents
1. Complete the following specific tasks related to project design and development of the 2021 South Tracy
Stormwater Improvements project construction documents. The project tasks listed below will be
completed for each project separately unless otherwise noted.
a. Task 200 – Project Management, Quality Control, and Design Review Meeting(s): Perform general
project management tasks, internal quality control procedure, project planning, scheduling, and
coordination calls and meetings related to Task 2.
b. Task 210 – Construction Drawings: DOWL will develop construction drawings for the proposed
storm drain improvements, with two (2) sets of construction drawings describing each project.
The project construction drawings will generally consist of the following:
Table 1 – Preliminary Sheet Index
Drawing No. Drawing Description
G00 Cover Sheet
G01 General Notes, Legend, Abbreviations, Survey Control
C01 Existing Conditions
C02 Overall Project Site Improvements Map
C03 Stormwater Pipeline Plan and Profile
D01 Standard Details
c. Task 220 – Construction Specifications: Project specifications will be based upon the Montana
Public Works Standard Specifications, Sixth Edition (April 2010) and the City of Bozeman
Modifications to Montana Public Works Standard Specifications, Sixth Edition, March 21, 2011,
and Addenda No. 1 through No. 3.
i. Project specific conditions and construction constraints will be outlined in a separate
Summary of Work to detail the work description, identify work sequence restrictions,
bypass pumping operation, work schedule, etc.
ii. Additionally, DOWL will provide a draft advertisement for bidding, itemized bid schedule,
measurement and payment, and standalone modifications to Montana Public Works
Standard Specifications as necessary.
d. Task 230 – Engineers’ Estimate of Probable Construction Cost: DOWL will develop an engineers’
opinion of probable construction cost for the project to assist the City with project planning and
budgeting.
e. Task 240 – Montana Department of Transportation Permitting and Coordination: The South Tracy
Ave. – Babcock to Main Street pipeline will require permitting and coordination with the Montana
Department of Transportation (MDT). DOWL will complete the required permitting on behalf of
the City. For the purpose of budgeting, a total of 25-manhours are assumed for the completion
of this task and all associated permit fees will be paid by the Owner.
2. The following project deliverables will be provided to the City for review and comment including review
by legal counsel or other advisors as appropriate. Each project will have separate submittal intended to
provide the City with flexibility for bidding the project independent of each other and on separate
construction schedules. DOWL will provide digital PDF copies of all deliverables unless otherwise noted
177
Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
Page 4
below. It is assumed that review comments will be received from the City within 14 days of receipt of each
review set described below.
a. 95% complete set of construction drawings and technical specifications, and engineer’s estimate
of probable construction cost, for each project (2).
b. Project Manual consisting of issued for construction (100%) project drawings and technical
specifications necessary for bidding and construction of the proposed projects, for each project
(2).
3. Design Review Meeting: A design review meeting will be conducted after the 95% submittal to review the
project and discuss City comments. It is assumed that the design review meeting will be held virtually via
teleconference or Microsoft Teams.
Task 3. Assistance During Bidding and Contract Award
1. Task 300 – Assist the city in advertising for and obtaining bid proposals for the Work.
a. Assist the City with bidding documents for the City to post and manage through QuestCDN.
b. Assist the City in providing clarifications to Contractor questions during bidding.
c. Assist in developing addenda as appropriate to clarify, correct, or change the bidding documents.
One addendum is assumed following the pre-bid meeting to distribute meeting minutes and provide
formal answers to any questions posed/answered at the pre-bid meeting. The City will post
addendum(s) to Quest for Planholder distribution.
2. Task 310 – Assist in preparing an agenda and participate in a Pre-bid meeting to summarize the project for
interested bidders and gather questions for clarifications via addendum, if needed. It is assumed that the
City will be responsible for bid opening, certified bid tab, assembly of insurance, bonds, agreements, and
additional documents to finalize the bidding process and award the contract.
Task 4. Construction Administration
Upon successful completion of the bidding, negotiating and project construction award, and upon written
authorization from the City, DOWL shall:
1. Task 400 – General Administration of Construction Contract: DOWL with the City, act as the Owner’s
representative as provided in the Construction Contract. The extent and limitations of the duties,
responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified,
except as Engineer may otherwise agree in writing. All of Owner’s instructions to Contractor will be issued
through the Engineer, which shall have authority to act on behalf of the Owner in dealings with the
Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise
provided in writing.
2. Task 410 – Pre-Construction Conference: Participate in a Pre-Construction Conference prior to
commencement of Work at the Site.
3. Task 420 – Shop Drawings and Samples: Review and approve or take other appropriate action in respect
to Shop Drawings and Samples and other information that Contractor is required to submit, but only for
conformance with the information provided in the Contract Documents and compatibility with the design
concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such
178
Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
Page 5
reviews and approvals or other action will not extend to means, methods, techniques, sequences, or
procedures of construction or to safety precautions and programs incident thereto.
a. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or-equal”
materials and equipment proposed by Contractor, but subject to the Additional Services
provisions of Attachment 1.
4. Task 430 – Visits to Site and Observation of Construction: In connection with observations of Contractor’s
Work while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer
deems necessary, to observe as an experienced and qualified design professional the progress of
Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project
Representative, if any, are not intended to be exhaustive or to extend to every aspect of
Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress
beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract
Documents, but rather are to be limited to spot checking, selective sampling, and similar methods
of general observation of the Work based on Engineer’s exercise of professional judgment, as
assisted by the Resident Project Representative, if any. Based on information obtained during
such visits and observations, Engineer will determine in general if the Work is proceeding in
accordance with the Contract Documents, and Engineer shall keep Owner informed of the
progress of the Work.
b. The purpose of Engineer’s visits to, and representation by the Resident Project Representative, if
any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities
assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the
exercise of Engineer’s efforts as an experienced and qualified design professional, to provide
Owner a greater degree of confidence that the completed Work will conform in general to the
Contract Documents and that Contractor has implemented and maintained the integrity of the
design concept of the completed Project as a functioning whole as indicated in the Contract
Documents. Engineer shall not, during such visits or as a result of such observations of
Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall
Engineer have authority over or responsibility for the means, methods, techniques, sequences, or
procedures of construction selected or used by Contractor, for security or safety at the Site, for
safety precautions and programs incident to Contractor’s Work, nor for any failure of Contractor
to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the
Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes
responsibility for any Contractor’s failure to furnish or perform the Work in accordance with the
Contract Documents.
c. For the purpose of budgeting, a total of two (2) engineer site visits are assumed for each project.
5. Task 440 – Quality Assurance: It is assumed that the Contractor will complete Quality Control testing as
specified and required in the project specifications. DOWL will assist the City of Bozeman in reviewing the
Contractor’s quality control test results, including compaction and leak detection testing. For the purpose
of budgeting, a total of 5 manhours are assumed for each project to complete of this task.
6. Task(s) 450 – Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes
that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not
produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of
the design concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
179
Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
Page 6
7. Task(s) 450 – Clarifications, Interpretations, Field Orders: Issue necessary clarifications and interpretations
of the Contract Documents as appropriate to the orderly completion of Contractor’s work. Such
clarifications and interpretations will be consistent with the intent of and reasonably inferable from the
Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field
orders authorizing minor variations in the Work from the requirements of the Contract Documents.
8. Task(s) 450 – Change Orders and Work Change Directives: Recommend change orders and work change
directives to Owner, as appropriate, and prepare change orders and work change directives as required.
9. Task(s) 460 – Substantial Completion: Promptly after notice from Contractor that Contractor considers the
entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to
determine if the Work is substantially complete. If after considering any objections of Owner, Engineer
considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion
to Owner for final processing.
10. Task(s) 460 – Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if
the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final
payment to Contractor.
11. Task 450 – Post Construction Activities:
a. Record Drawings: DOWL will develop record drawings incorporating any field changes or updates
to as-recorded information.
b. Post Construction Walk-through(s): DOWL, together with the City of Bozeman, will visit the
Project to observe any apparent defects in the Work, assist City in consultations and discussions
with Contractor concerning correction of any such defects, and make recommendations as to
replacement or correction of defective Work, if any.
c. Warranty Walk-through: DOWL, together with the City of Bozeman, will participate in a Two-Year
Warranty Walk-through inspection of the Project to observe any apparent defects in the Work,
assist the City in consultations and discussions with Contractor concerning correction of any such
defects, and make recommendations as to replacement or correction of defective Work, if
needed.
Task 5. Construction Inspection
1. Task 500 – Resident Project Representative (RPR)
a. Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive
observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth
in Attachment 3. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s
responsibilities or authority except as expressly set forth in Attachment3.
b. Duration of Construction Phase and Timing/Number of RPRs Expected Site Visits: The Construction
Phase will commence with the execution of the first Construction Contract for the Project or any
part thereof and will terminate upon written recommendation by Engineer for final payment to
Contractor(s). Subject to the provisions of Attachment 1, Engineer shall be entitled to an equitable
increase in compensation if Construction Phase services (including Resident Project
Representative services, if any) are required after the original date for completion and readiness
for final payment of Contractor as set forth herein or in the Construction Contract.
i. South Tracy Ave. – Cleveland Street: The anticipated duration of on-site construction
activities is estimated at a maximum of 30 calendar days. RPR services are as indicated in
180
Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
Page 7
Attachment 3. DOWL will provide RPR services for the following construction
activities/milestones.
1. Meet with Contractor on-site to discuss project schedule and observe initial
construction actives (1 site visit)
2. Observe bypass pumping operation (1 site visit)
3. Observe Cleveland Street excavation (1 site visit)
4. Observe stormwater main replacement and flowable fill backfill within Cleveland
Street (4-site visits)
5. Observe manhole subgrade, pipe connections, and backfill (2 site visits)
6. Observe connection to existing (1 site visit)
7. Observe placement of pavement and restoration (1 site visit)
8. Post construction activities (1 site visits)
ii. South Tracy Ave – Babcock to Main: The anticipated duration of on-site construction
activities is estimated at a maximum of 60 calendar days. RPR services are as indicated in
Attachment 3. DOWL will provide RPR services for the following construction
activities/milestones.
1. Meet with Contractor on-site to discuss project schedule, layout, and initial
construction activities (1 site visit)
2. Observe traffic control and public safety measures (1 site visit)
3. Observe Babcock Street excavation (1 site visit)
4. Observe stormwater main replacement and flowable fill backfill (6-site visits)
5. Observe manholes subgrade, pipe connections, and backfill (2 site visits)
6. Observe connections to existing (2 site visit)
7. Observe placement of paving and concrete (2 site visit)
8. Post construction activities (2 site visits)
iii. To facilitate public communication and coordination with DOWL within a normal workday
duration, it is proposed for consideration to require construction working hours from 8
A.M. to 5 P.M. MDT will require the construction of the stormwater main across Main
Street to be completed during the night. RPR service will be completed during alternative
working hours for this section of the pipeline improvements only.
c. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any
Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing
any of the Work, for safety or security at the Site, or for safety precautions and programs incident
to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be
responsible for the failure of any Contractor to perform or furnish the Work in accordance with
the Contract Documents.
Compensation
1. Basic Services: Table 2 and 3 outline DOWL’s estimated fee for the proposed Scope of Services. Given the
variable nature of the services potentially required, it is anticipated that this task order will be managed
on a Time and Materials basis. The distribution of fees between individual tasks may be altered to be
consistent with the services actually rendered, but the total compensation will not be exceeded without
prior written consent of the City of Bozeman.
Table 2 – Task Order #07 Compensation – Cleveland Street
181
Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
Page 8
Task Description Estimated Fee
Task 1 – Preliminary Project Design $ 5,600.00
Task 2 – Project Design and Construction Documents $ 7,700.00
Task 3 – Assistance During Bidding and Contract Award $ 3,200.00
Task 4 –Construction Administration $ 6,800.00
Estimated Total Fee – Cleveland Street $ 23,300.00
Table 3 – Task Order #07 Compensation – Babcock to Main
Task Description Estimated Fee
Task 1 – Preliminary Project Design $ 10,000.00
Task 2 – Project Design and Construction Documents $ 15,800.00
Task 3 – Assistance During Bidding and Contract Award $ 3,200.00
Task 4 –Construction Administration $ 9,100.00
Estimated Total Fee – Babcock to Main $ 38,100.00
2. Resident Project Representative – Standard Hourly Rates
a. Owner shall pay Engineer for Resident Project Representative Basic Services as follows:
i. Resident Project Representative Services: For services of Engineer’s Resident Project
Representative under Task 5 of this Exhibit A, an amount equal to the cumulative hours
charged to the Project by each class of Engineer’s personnel times Standard Hourly
Rates for each applicable billing class at the rates set forth in Attachment 2 to this
Exhibit A for all Resident Project Representative services performed on the Project, plus
related Reimbursable Expenses and Engineer’s Consultant’s charges, if any.
1. South Tracy Ave – Cleveland Street: The total compensation under this
Paragraph is estimated to be $6,400.00 based upon periodic RPR services at the
key construction activities described above over a 30-calendar day construction
schedule.
2. South Tracy Ave – Babcock to Main Streets: The total compensation under this
Paragraph is estimated to be $11,900.00 based upon periodic RPR services at
the key construction activities described above over a 60-calendar day
construction schedule.
b. Compensation for Reimbursable Expenses:
i. For those Reimbursable Expenses that are not accounted for in the compensation for
Basic Services under 2.a.i. Resident Project Representative Services above, and are
directly related to the provision of Resident Project Representative Basic Services,
Owner shall pay Engineer at the rates set forth in Attachment 2 to this Exhibit A.
3. Additional Services – Standard Hourly Rates
a. Owner shall pay Engineer for Additional Services, if any, as follows:
182
Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
Page 9
i. For services of Engineer’s personnel engaged directly on the Project pursuant to
Attachment 1, Additional Services Requiring Owner’s Written Authorization of
Exhibit A, an amount equal to that separately negotiated for the Additional Services
based on the nature of the required Additional Services.
ii. For services of Engineer’s personnel engaged directly on the Project pursuant to
Attachment 1 Additional Services Not Requiring Owner’s Written Authorization an
amount equal to the cumulative hours charged to the Project by each class of
Engineer’s personnel times Standard Hourly Rates for each applicable billing class,
plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any.
b. Other Provisions Concerning Payment of Additional Services:
i. Whenever Engineer is entitled to compensation for the charges of Engineer’s
Consultants, those charges shall be the amounts billed by Engineer’s Consultants to
Engineer times a factor of 1.10.
ii. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the
related internal expenses actually incurred or allocated by Engineer, plus all invoiced
external Reimbursable Expenses allocable to such Additional Services, the latter
multiplied by a factor of 1.10.
183
Attachment 1 to Exhibit A
Professional Services Contract
June 2021 Page 1 of 3
This is Attachment 1, consisting of 3 pages,
referred to in and part of the Exhibit A Task
Order 07 of the Agreement between
Owner and DOWL for Professional
Services dated September 16, 2019.
Project No:
Additional Services
1.01 Additional Services Requiring Owner’s Written Authorization
A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional
Services of the types listed below.
1. Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans, or advances in
connection with the Project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effects on the design requirements
for the Project of any such statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over the
anticipated environmental impact of the Project.
2. Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by
Owner or others.
3. Services resulting from significant changes in the scope, extent, or character of the
portions of the Project designed or specified by Engineer or its design requirements
including, but not limited to, changes in size, complexity, Owner’s schedule,
character of construction, or method of financing; and revising previously accepted
studies, reports, Drawings, Specifications, or Contract Documents when such
revisions are required by changes in Laws and Regulations enacted subsequent to
the Effective Date or are due to any other causes beyond Engineer’s control.
4. Services resulting from Owner’s request to evaluate additional Study and Report
Phase alternative solutions beyond those identified in Exhibit A Basic Services, if
any.
5. Services required as a result of Owner’s providing incomplete or incorrect Project
information to Engineer.
6. Providing renderings or models for Owner’s use.
7. Undertaking investigations and studies including, but not limited to, detailed
consideration of operations, maintenance, and overhead expenses; the preparation of
financial feasibility and cash flow studies, rate schedules, and appraisals; assistance
in obtaining financing for the Project; evaluating processes available for licensing,
and assisting Owner in obtaining process licensing; detailed quantity surveys of
materials, equipment, and labor; and audits or inventories required in connection
with construction performed by Owner.
184
Attachment 1 to Exhibit A
Professional Services Contract
June 2021 Page 2 of 3
8. Furnishing services of Consultants for other than Exhibit A Basic Services.
9. Services attributable to more prime construction contracts than specified in Exhibit
A, Basic Services, if any.
10. If not required as part of Basic Services defined in Exhibit A, preparing for,
coordinating with, participating in and responding to structured independent review
processes, including, but not limited to, construction management, cost estimating,
project peer review, value engineering, and constructability review requested by
Owner; and performing or furnishing services required to revise studies, reports,
Drawings, Specifications, or other Bidding Documents as a result of such review
processes.
11. If not required as part of Basic Services defined in Exhibit A above, preparing
additional Bidding Documents or Contract Documents for alternate bids or prices
requested by Owner for the Work or a portion thereof.
12. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for
construction, materials, equipment, or services.
13. Providing construction surveys and staking to enable Contractor to perform its work
other than as required under Exhibit A, Basic Services, including any type of
property surveys or related engineering services needed for the transfer of interests
in real property; and providing other special field surveys.
14. Providing Construction Phase services beyond the original date for completion and
readiness for final payment of Contractor.
15. Providing assistance in responding to the presence of any Constituent of Concern at
the Site, in compliance with current Laws and Regulations.
16. If not required as part of Basic Services defined in Exhibit A, preparing Record
Drawings showing appropriate record information based on Project annotated record
documents received from Contractor, and furnishing such Record Drawings to
Owner.
17. If not required as part of Basic Services defined in Exhibit A, preparation of
operation and maintenance manuals.
18. Preparing to serve or serving as a consultant or witness for Owner in any litigation,
arbitration, or other dispute resolution process related to the Project.
19. Providing more extensive services required to enable Engineer to issue notices or
certifications requested by Owner other than those required under Exhibit A, Basic
Services.
20. If not required as part of Basic Services defined in Exhibit A, assistance in
connection with the adjusting of Project equipment and systems.
21. If not required as part of Basic Services defined in Exhibit A, assistance to Owner in
training Owner’s staff to operate and maintain Project equipment and systems.
185
Attachment 1 to Exhibit A
Professional Services Contract
June 2021 Page 3 of 3
22. If not required as part of Basic Services defined in Exhibit A, assistance to Owner in
developing procedures for (a) control of the operation and maintenance of Project
equipment and systems, and (b) related record-keeping.
23. If not required as part of Basic Services defined in Exhibit A, overtime work
requiring higher than regular rates.
24. Other services performed or furnished by Engineer not otherwise provided for in this
Agreement.
1.02 Additional Services Not Requiring Owner’s Written Authorization
A. Engineer shall advise Owner in advance that Engineer will immediately commence to
perform or furnish the Additional Services of the types listed below. For such Additional
Services, Engineer need not request or obtain specific advance written authorization from
Owner. Engineer shall cease performing or furnishing such Additional Services upon
receipt of written notice from Owner.
25. Additional or extended services during construction made necessary by (1)
emergencies or acts of God endangering the Work (advance notice not required), (2)
the presence at the Site of any Constituent of Concern or items of historical or
cultural significance, (3) Work damaged by fire or other cause during construction,
(4) a significant amount of defective, neglected, or delayed work by Contractor,
(5) acceleration of the progress schedule involving services beyond normal working
hours, or (6) default by Contractor.
26. Services (other than Basic Services during the Post-Construction Phase) in
connection with any partial utilization of any part of the Work by Owner prior to
Substantial Completion.
27. Evaluating an unreasonable claim or an excessive number of claims submitted by
Contractor or others in connection with the Work.
28. Services during the Construction Phase rendered after the original date for
completion of the Work referred to above.
29. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate
submissions by Contractor.
186
This is Attachment 2, consisting of 4 pages,
referred to in and part of the Exhibit A Task
Order 07 of the Agreement between
Owner and DOWL for Professional
Services dated September 16, 2019.
Project No:
DOWL Montana Fee Schedule
187
Effective July 4, 2021 Until Further Notice 1 | Page MONTANA FEE SCHEDULE
Personnel Billing Rates
Personnel are identified on our invoices by name and/or labor category.
Description Rate Description Rate
Accounting Manager $160
Accounting Technician $95
Administrative Assistant $65
Administrative Manager $100
Biologist I $105
Biologist II $115
Biologist III $125
Biologist IV $135
Biologist V $180
CAD Drafter I $80
CAD Drafter II $95
CAD Drafter III $105
CAD Drafter IV $115
CAD Drafter V $125
Civil and Transportation Designer $100
Contract Administrator I $135
Contract Administrator II $160
Corporate Development Manager $195
Crew Chief I $95
Crew Chief II $105
Crew Chief III $110
Crew Chief IV $120
Crew Chief V $130
Cultural Resources Specialist I $95
Cultural Resources Specialist II $115
Cultural Resources Specialist III $120
Cultural Resources Specialist IV $155
Cultural Resources Specialist V $170
Document Production Supervisor $125
Engineer I $105
Engineer II $115
Engineer III $130
Engineer IV $150
Engineer V $170
Engineer VI $180
Engineer VII $190
Engineer VIII $200
Engineer IX $225
Engineer X $240
Engineering Technician I $75
Engineering Technician II $90
Engineering Technician III $100
Engineering Technician IV $115
Engineering Technician V $130
Engineering Technician VI $150
Environmental Specialist I $95
Environmental Specialist II $110
Environmental Specialist III $115
Environmental Specialist IV $125
Environmental Specialist V $130
Environmental Specialist VI $165
Environmental Specialist VII $185
Environmental Specialist VIII $200
Environmental Specialist IX $220
Environmental Specialist X $240
Field Project Representative I $90
Field Project Representative II $100
Field Project Representative III $130
Field Project Representative IV $145
Geologist I $110
Geologist II $120
Geologist III $130
Geologist IV $150
Geologist V $180
GIS Coordinator $145
GIS Manager $155
GIS Specialist $95
GIS Technician $80
188
Effective July 4, 2021 Until Further Notice 2 | Page
Graphics Designer $105
Intern I $60
Intern II $80
Laboratory Manager $100
Laboratory Supervisor $80
Landscape Architect I $105
Landscape Architect II $120
Landscape Architect III $135
Landscape Architect IV $150
Landscape Architect V $165
Landscape Architect VI $175
Landscape Architect VII $185
Landscape Designer $90
Landscape Planner $110
Lead Materials Technician $90
Marketing & Administrative Manager $195
Marketing Assistant $80
Marketing Coordinator $100
Materials Manager $105
Materials Technician $65
Materials Technician II $75
Planner I $95
Planner II $120
Planner III $130
Planner IV $150
Planner V $165
Planner VI $175
Planner VII $185
Planner VIII $200
Planner IX $215
Planner X $255
Planning Technician $85
Professional Land Surveyor I $95
Professional Land Surveyor II $105
Professional Land Surveyor III $115
Professional Land Surveyor IV $125
Professional Land Surveyor V $135
Professional Land Surveyor VI $140
Professional Land Surveyor VII $150
Professional Land Surveyor VIII $160
Professional Land Surveyor IX $185
Professional Land Surveyor X $195
Professional Land Surveyor XI $210
Project Administrator $110
Project Assistant I $90
Project Assistant II $105
Project Controller $140
Project Manager I $135
Project Manager II $150
Project Manager III $165
Project Manager IV $180
Project Manager V $195
Project Manager VI $210
Project Manager VII $225
Proposal Manager $115
Public Involvement Assistant $90
Public Involvement Coordinator $130
Public Involvement Planner $110
Public Involvement Program Manager $175
Real Estate Services Manager $155
Right of Way Agent I $100
Right of Way Agent II $115
Right of Way Agent III $130
Right of Way Agent IV $145
Right of Way Agent V $160
Right of Way Agent VI $190
Right of Way Assistant $90
Risk Manager $175
Senior CAD Drafter $145
Senior Civil and Transportation Designer $145
Senior Manager I $215
Senior Manager II $235
Senior Manager III $245
Senior Manager IV $280
Senior Manager V $290
Senior Manager VI $310
Senior Materials Technician $95
Senior Proposal Manager $175
Survey Crew Surveyor I $65
Survey Crew Surveyor II $75
189
Effective July 4, 2021 Until Further Notice 3 | Page
Survey Crew Surveyor III $85
Survey Crew Surveyor IV $95
Survey Crew Surveyor V $105
Survey Technician -- Supervisor $130
Survey Technician I $65
Survey Technician II $70
Survey Technician III $75
Survey Technician IV $90
Survey Technician V $95
Survey Technician VI $105
Survey Technician VII $120
Survey Technician VIII $130
Survey Technician IX $145
Systems Administrator $130
Technical Coordinator $155
Survey Crews
One-Person Survey Crew = $135/hour One-Person Survey Crew GPS/ Robotics = $155/hour Two-Person Survey Crew = $190/hour Two-Person Survey Crew GPS/ Robotics = $200/hour Two-Person Survey Crew (PLS + LSIT) = $235/hour Three-Person Survey Crew = $275/hour
Travel, Mileage, & Miscellaneous
Lodging = Cost per night Airfare = Cost Vehicle Usage – Passenger Cars = 0.85/mile Vehicle Usage – Trucks & SUV’s = 1.05/mile Printing/Supplies/Phone/Fax/Postage = Note 3 In-House Usage Charges = Note 4
Per Diem
Unless otherwise specified contractually, per diem will be billed when travel is more than 50 miles from the office during a
meal allowance period of three or more consecutive hours or involves an overnight stay. The three meal allowance periods
are breakfast (midnight to 10 am), lunch (10 am – 3 pm) and dinner (3 pm to midnight).
Breakfast Lunch Dinner Incidentals GSA Per Diem Rate
Billings $13.00 $14.00 $23.00 $5.00 $55.00
Bozeman $14.00 $16.00 $26.00 $5.00 $61.00
Butte $13.00 $14.00 $23.00 $5.00 $55.00
Helena $16.00 $17.00 $28.00 $5.00 $66.00
All other cities not listed above, please use the following link: https://www.gsa.gov/travel/plan-book/per-diem-rates
Please use the following link for the meal breakdown: https://www.gsa.gov/travel/plan-book/per-diem-rates/meals-
and-incidental-expenses-mie-breakdown
190
Effective July 4, 2021 Until Further Notice 4 | Page
Notes
1. DOWL’s Professional Services Fee Schedule is subject to adjustment each year or at the end of a contract period,
whichever is appropriate. Should adjustments be anticipated or required, such adjustments will not affect existing
contracts without prior agreement between Client and DOWL.
2. Straight-time rates are given. Multiply by 1.5 for overtime rates. Overtime rates will be applied at the rate prescribed
by applicable state law.
3. Direct reimbursable expenses such as travel, freight, subcontractors, and request beyond those requests considered
reasonable by the Project Manager for phone/fax/postage, office supplies, reproduction and photography, and
laboratory analysis will be billed at cost plus the negotiated markup.
4. In-house equipment usage charges or specialized software/equipment that are not separately stated on the fee
schedule will be negotiated at rates deemed fair and reasonable.
5. Late charges will be assessed on the unpaid balance of all accounts not paid within 30 days of the billing date, at a
rate of 1.0 percent per month (12% per year).
191
Attachment 3 to Exhibit A
Professional Services Contract
June 2021 Page 1 of 5
This is Attachment 3, consisting of 5 pages,
referred to in and part of the Exhibit A Task
Order 07 of the Agreement between
Owner and DOWL for Professional
Services dated September 16, 2019.
Project No:
Duties, Responsibilities, and Limitations of Authority of Resident Project
Representative
Task 5 – Construction Inspection of Exhibit A to the Agreement is supplemented to include
the following agreement of the parties:
1.01 Resident Project Representative
A. Engineer shall furnish a Resident Project Representative (“RPR”) to assist Engineer
in observing progress and quality of the Work. The RPR may provide full time
representation or may provide representation to a lesser degree.
B. Through RPR's observations of Contractor’s work in progress and field checks of
materials and equipment, Engineer shall endeavor to provide further protection for
Owner against defects and deficiencies in the Work. However, Engineer shall not,
during such RPR field checks or as a result of such RPR observations of Contractor’s
work in progress, supervise, direct, or have control over Contractor’s Work, nor
shall Engineer (including the RPR) have authority over or responsibility for the
means, methods, techniques, sequences, or procedures of construction selected or
used by any contractor, for security or safety at the Site, for safety precautions and
programs incident to any contractor’s work in progress, or for any failure of a
contractor to comply with Laws and Regulations applicable to such contractor’s
performing and furnishing of its work. The Engineer (including RPR) neither
guarantees the performances of any contractor nor assumes responsibility for
Contractor’s failure to furnish and perform the Work in accordance with the
Contract Documents. In addition, the specific terms set forth in Task 4 of Exhibit
A of the Agreement are applicable.
C. The duties and responsibilities of the RPR are as follows:
1. General: RPR is Engineer’s representative at the Site, will act as directed by
and under the supervision of Engineer, and will confer with Engineer
regarding RPR’s actions. RPR’s dealings in matters pertaining to the
Contractor’s work in progress shall in general be with Engineer and
Contractor. RPR’s dealings with Subcontractors shall only be through or
with the full knowledge and approval of Contractor. RPR shall generally
communicate with Owner only with the knowledge of and under the direction
of Engineer.
192
Attachment 3 to Exhibit A
Professional Services Contract
June 2021 Page 2 of 5
2. Schedules: Review the progress schedule, schedule of Shop Drawing and
Sample submittals, and schedule of values prepared by Contractor and
consult with Engineer concerning acceptability.
3. Conferences and Meetings: Attend meetings with Contractor, such as
preconstruction conferences, progress meetings, job conferences and other
project-related meetings, and prepare and circulate copies of minutes thereof.
4. Liaison:
a. Serve as Engineer’s liaison with Contractor. Working principally
through Contractor’s authorized representative or designee, assist in
providing information regarding the intent of the Contract Documents.
b. Assist Engineer in serving as Owner’s liaison with Contractor when
Contractor’s operations affect Owner’s on-Site operations.
c. Assist in obtaining from Owner additional details or information, when
required for proper execution of the Work.
5. Interpretation of Contract Documents: Report to Engineer when
clarifications and interpretations of the Contract Documents are needed and
transmit to Contractor clarifications and interpretations as issued by
Engineer.
6. Shop Drawings and Samples:
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples which are furnished at the Site by Contractor, and notify
Engineer of availability of Samples for examination.
c. Advise Engineer and Contractor of the commencement of any portion of
the Work requiring a Shop Drawing or Sample submittal for which RPR
believes that the submittal has not been approved by Engineer.
7. Modifications: Consider and evaluate Contractor’s suggestions for
modifications in Drawings or Specifications and report such suggestions,
together with RPR’s recommendations, to Engineer. Transmit to Contractor
in writing decisions as issued by Engineer.
8. Review of Work and Rejection of Defective Work:
a. Conduct on-Site observations of Contractor’s work in progress to assist
Engineer in determining if the Work is in general proceeding in
accordance with the Contract Documents.
193
Attachment 3 to Exhibit A
Professional Services Contract
June 2021 Page 3 of 5
b. Report to Engineer whenever RPR believes that any part of Contractor’s
work in progress will not produce a completed Project that conforms
generally to the Contract Documents or will imperil the integrity of the
design concept of the completed Project as a functioning whole as
indicated in the Contract Documents, or has been damaged, or does not
meet the requirements of any inspection, test or approval required to be
made; and advise Engineer of that part of work in progress that RPR
believes should be corrected or rejected or should be uncovered for
observation, or requires special testing, inspection, or approval.
9. Inspections, Tests, and System Start-ups:
a. Consult with Engineer in advance of scheduled inspections, tests, and
systems start-ups.
b. Verify that tests, equipment, and systems start-ups and operating and
maintenance training are conducted in the presence of appropriate
Owner’s personnel, and that Contractor maintains adequate records
thereof.
c. Observe, record, and report to Engineer appropriate details relative to the
test procedures and systems start-ups.
d. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these
inspections, and report to Engineer.
10. Records:
a. Maintain at the Site orderly files for correspondence, reports of job
conferences, reproductions of original Contract Documents including all
change orders, field orders, work change directives, addenda, additional
Drawings issued subsequent to the execution of the Construction
Contract, Engineer’s clarifications and interpretations of the Contract
Documents, progress reports, Shop Drawing and Sample submittals
received from and delivered to Contractor, and other Project-related
documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor’s
hours on the Site, weather conditions, data relative to questions of change
orders, field orders, work change directives, or changed conditions, Site
visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures;
and send copies to Engineer.
c. Record names, addresses, fax numbers, e-mail addresses, web site
locations, and telephone numbers of all Contractors, Subcontractors, and
major Suppliers of materials and equipment.
194
Attachment 3 to Exhibit A
Professional Services Contract
June 2021 Page 4 of 5
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work, furnish original set of all RPR Project
documentation to Engineer.
11. Reports:
a. Furnish to Engineer periodic reports as required of progress of the Work
and of Contractor’s compliance with the progress schedule and schedule
of Shop Drawing and Sample submittals.
b. Draft and recommend to Engineer proposed change orders, work change
directives, and field orders. Obtain backup material from Contractor.
c. Furnish to Engineer and Owner copies of all inspection, test, and system
start-up reports.
d. Immediately notify Engineer of the occurrence of any Site accidents,
emergencies, acts of God endangering the Work, damage to property by
fire or other causes, or the discovery of any Constituent of Concern.
12. Payment Requests: Review applications for payment with Contractor for
compliance with the established procedure for their submission and forward
with recommendations to Engineer, noting particularly the relationship of the
payment requested to the schedule of values, Work completed, and materials
and equipment delivered at the Site but not incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals: During the course of the
Work, verify that materials and equipment certificates, operation and
maintenance manuals and other data required by the Contract Documents to
be assembled and furnished by Contractor are applicable to the items actually
installed and in accordance with the Contract Documents, and have these
documents delivered to Engineer for review and forwarding to Owner prior
to payment for that part of the Work.
14. Completion:
a. Participate in visits to the Project to determine Substantial Completion,
assist in the determination of Substantial Completion and the preparation
of lists of items to be completed or corrected.
b. Participate in a final visit to the Project in the company of Engineer,
Owner, and Contractor, and prepare a final list of items to be completed
and deficiencies to be remedied.
c. Observe whether all items on the final list have been completed or
corrected and make recommendations to Engineer concerning
acceptance.
195
Attachment 3 to Exhibit A
Professional Services Contract
June 2021 Page 5 of 5
D. Resident Project Representative shall not:
1. Authorize any deviation from the Contract Documents or substitution of
materials or equipment (including “or-equal” items).
2. Exceed limitations of Engineer’s authority as set forth in this Agreement.
3. Undertake any of the responsibilities of Contractor, Subcontractors or
Suppliers.
4. Advise on, issue directions relative to, or assume control over any aspect of
the means, methods, techniques, sequences or procedures of Contractor’s
work.
5. Advise on, issue directions regarding, or assume control over security or
safety practices, precautions, and programs in connection with the activities
or operations of Owner or Contractor.
6. Participate in specialized field or laboratory tests or inspections conducted
off-site by others except as specifically authorized by Engineer.
7. Accept shop drawing or sample submittals from anyone other than
Contractor.
8. Authorize Owner to occupy the Project in whole or in part.
196
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208
Memorandum
REPORT TO:City Commission
FROM:Chuck Winn, Assistant City Manager
SUBJECT:Resolution 5356 Authorizing Prime Change Order 14 with Langlas and
Associates for Construction of the Bozeman Public Safety Center
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5356, Authorizing Prime Change Order 14 with Langlas
and Associates for Construction of the Bozeman Public Safety Center.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum
Price Amendment for Construction of the Bozeman Public Safety Center as a
part of the General Construction/Construction Manager agreement. This
amendment contains provisions for altering the conditions of the agreement
as authorized by the owner (City) to include additional work totaling
$77,287.46. The majority of these additional costs includes the purchase and
installation of specialized interview room video and sound equipment that
will integrate with our records management, and in-car video and future
body-worn camera systems. The Safety Center budget contains both owner
and contractor contingencies to address unforeseen conditions, scope gaps,
and owner requested changes. While every reasonable attempt was made to
include everything in the original project plans and specs, projects of this size
and complexity require changes during construction. The changes included
in this request are reasonable and are within existing contingency amounts
and overall project budget as authorized by the City Commission
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:The net amount of Change Order 14 is within the approved contingency
amounts and authorized project budget.
Attachments:
Resolution_5356 CO14.docx
BPSC Job No. 19426 Prime CO 14 signed STL.pdf
209
Report compiled on: November 5, 2021
210
Version April 2020
RESOLUTION 5356
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
WHEREAS,the City Commission did, on July 27, 2020, authorize award of the
Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety
Center with Langlas and Associates; and
WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such
alterations for modification of the specifications and/or plans of the contract be made by resolution;
and
WHEREAS, it has become necessary in the prosecution of the work to make alterations
and modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the proposed modifications and/or alternates to the GMP Amendment for
Construction of the Bozeman Public Safety Center, as contained in Change Order #14, attached
hereto, be and the same are hereby approved; and the City Manager is hereby authorized and
directed to execute the contract change order for and on behalf of the City; and the City Clerk is
authorized and directed to attest such signature.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 16th day of November, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
211
Version April 2020
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
212
213
Memorandum
REPORT TO:City Commission
FROM:Anna Saverud, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Resolution 5358 Appointing the Billings City Attorney as a Special Prosecutor
in the Matter of KB
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Move to adopt Resolution 5358, A Resolution Appointing the Billings City
Attorney as a Special Prosecutor in the Matter of KB.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The City Attorney requests the Commission, pursuant to its authority under
the Bozeman City Charter and Sec. 7-4-4605, MCA, appoint Gina Dahl, the
Billings City Attorney or her designee as special prosecutor in the matter of
KB. The purpose of the appointment is to avoid the appearance of a conflict
of interest with the Bozeman City Attorney's Office. The Billings City
Attorney has agreed to accept the appointment in this case.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:No fee will be charged for the prosecution of this case by the Billings City
Attorney's Office. However, the City of Bozeman will reimburse costs of
prosecution including costs of travel at the standard rate for mileage.
Attachments:
Resolution 5358 Appointing Special Prosecutor in Matter of
KB.pdf
Report compiled on: November 8, 2021
214
Page 1 of 1
COMMISSION RESOLUTION NO. 5358
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPOINTING THE BILLINGS CITY ATTORNEY TO ACT AS A
SPECIAL PROSECUTOR IN THE MATTER OF KB.
WHEREAS, the Bozeman City Attorney requests the Bozeman City Commission, pursuant to its
authority under the Bozeman City Charter and §7-4-4605, MCA, to appoint Gina Dahl, the Billings City
Attorney, or her designee, as a special prosecutor in the matter of KB to avoid the appearance of a conflict of
interest with the Bozeman City Attorney’s Office; and
WHEREAS, the City of Bozeman will reimburse the City of Billings for costs; and
WHEREAS, the Billings City Attorney’s Office has declared it agrees to accept the appointment and
does so pursuant to the authority established in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that:
1. Gina Dahl, the Billings City Attorney, or her designee, is hereby appointed to act as a special prosecutor
in the matter of KB, Cause No. TK-21-02567. The appointment is effective immediately.
2. No fee will be charged by the Billings City Attorney’s Office. However, the City of Bozeman will
reimburse the City of Billings for any costs related to the prosecution including costs of travel at the
standard rate for mileage.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 16th day of November, 2021.
___________________________________
CYNTHIA l. ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
Bozeman City Attorney
215
Memorandum
REPORT TO:City Commission
FROM:Jacob Miller, Associate Planner
Chris Saunders, Community Development Manager
Martin Matsen, Director of Community Development
SUBJECT:Ordinance 2062 Final Adoption to Revise Language for Clarity and Consistent
Application of First Floor Required Height Standards in Five Mixed-Use and
Non-Residential Zoning Districts, and Revise Paragraph A.1 of Subchapter 4b
of the Bozeman Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay District. No Changes to Maximum Height Dimensional
Standards are Included with this Amendment. Revise Affected Sections to
Implement the City Commission Directed Revisions
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final adoption of Ordinance 2062, the Building Heights Part 1 Text
Amendment.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:This text amendment revises language for clarity and consistent application
of first floor required height standards in five non-residential zoning districts,
and revises paragraph a.1 of subchapter 4b of the Bozeman Guidelines for
Historic Preservation and the Neighborhood Conservation Overlay District.
No changes to maximum height dimensional standards are included with this
amendment. Revise affected sections to implement the revisions. At the
public hearing, the City Commission directed a change in wording in
response to public comment. That change caused a need to adjust additional
sections for consistency in wording throughout Chapter 38 of the municipal
code. This text amendment has been modified to reflect direction received
from public comment and the City Commission meeting held on December
15, 2020. The ordinance was provisionally adopted on December 15, 2020.
Staff determined that the changes were not significant enough to justify
separate findings and therefore the staff report from December 15th stands
as originally presented to the City Commission. Due to the changes and after
discussion with City legal staff it was decided it was appropriate to have the
City Commission again provisionally adopt the revised amendment. This text
216
amendment was again provisionally adopted by City Commission at the
meeting held on January 26, 2021.
This amendment has been revised since the provisional adoption on January
26, 2021 based on input from the public. City staff allowed an outside
consultant an opportunity to make recommendations for changes. They
were unable to complete a report for recommendations in a timely manner
and therefore staff has made appropriate changes based on the input
received to date. The changes to the amendment remove the requirement
that apartment buildings have a ground floor to floor height of 15'.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As Identified by City Commission.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this amendment.
Attachments:
20147 Building Height amendments Ordinance 2062 V2.pdf
Report compiled on: November 2, 2021
217
Page 1 of 13
ORDINANCE NO. 2062
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO CHANGE THE
FLOOR TO CEILING HEIGHT STANDARD TO FLOOR TO FLOOR HEIGHT BY
AMENDING TABLE 38.320.050 (TABLE OF FORM AND INTENSITY STANDARDS —
NON-RESIDENTIAL AND OTHER MIXED -USE DISTRICTS), AMENDING 38.330.010
– UMU DISTRICT – SPECIAL STANDARDS, TABLE 38.510.030.B (STOREFRONT
BLOCK FRONTAGE STANDARDS), 38.510.030.M.2.e., AND REVISING PARAGRAPH
A.1 OF SUBCHAPTER 4B OF THE BOZEMAN GUIDELINES FOR HISTORIC
PRESERVATION AND THE NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT RELATED TO FLOOR TO FLOOR HEIGHT AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, City is committed to reviewing and improving the Unified Development
Code; and
WHEREAS, the City has developed a platform to submit revisions to the Unified
Development Code to improve overall functionality and ease of use; and
WHEREAS, it has been identified that Table 38.320.050 and the related footnotes do not
address certain elements of the content related to floor-to-ceiling height with adequate clarity; and
WHEREAS, it has been identified that the terminology, floor-to-floor height is a widely
accepted industry standard; and
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Ordinance 2062, Building Height Clarification Revisions
Page 2 of 13
WHEREAS, 38.110.010, BMC, adopts the “Guidelines for historic preservation and
neighborhood conservation overlay district” by reference; and
WHEREAS, it is in the interests of the City and public welfare to revise the Bozeman
Municipal Code to provide clarifying language and increase the ease of use of the UDC.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Table 38.320.050 – Table of Form and Intensity Standards – Non-Residential and
Other Mixed-Use Districts, of the Bozeman Municipal Code be amended as follows:
Standard Zones
Commercial Zoning Districts UMU Industrial Zoning Districts PLI NEHMU
B-1 B-2 B-2M B-3 BP M-1 M-2
Lot and floor area standards
Minimum lot
area (square
feet)
(38.320.020.A)
5,000 — - - — 43,560 7,500 — — 5,0001
Minimum lot
width (feet)
(38.320.020.A)
50 100 — — — 150 75 100 — 50
Maximum lot
coverage
(38.320.020.C)
100% 100% 100% 100% 100%4 60% 100% 100% - 40%—
100%5
Minimum
floor area
ratio
(38.320.020.C)
— — — — 0.50 — — — — —
Building height standards (feet) (38.320.020.E)
Minimum
building
height
— — — — 226 — — — — —
Maximum
building
height
Variable8 55/709 6010 50 50 — 50
Minimum
floor to floor
ceiling height
13
1521
13
1521
13
1521
13
1521
13
1521
— — — — —
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Ordinance 2062, Building Height Clarification Revisions
Page 3 of 13
Roof pitch <
3:12
40 507 427
Roof pitch
3:12 or >
45 607 487
Minimum setback (feet) (38.320.020.F)
Front Setback Front setback provisions are set forth in the block frontage standards in division 38.510.
Setback to an
individual
garage
oriented to
the street
— 20 20 20 — — — — — 20
Rear Setback 10 10 1013 015 0 2017 3 3 012 3
Side Setback 514 514 514 015 0 1517, 14 314 314 012 3
Side or Rear
Setback
Adjacent to
Alley
5 5 5 5 5 5 5 5 5
Parking &
loading areas
(feet)
Note15 Note15
Front
Setback
Note11 Note11 Note11 Note11 Note11 Note11 Note11 Note11
Rear
Setback
1016 1016 516 017 - — —
Side
Setback
816 816 516 017 - - -
Garages and special parking standards
Residential
Garages
— Note18 Note18 Note18 — — — — — Note18
Special
Parking
Standards
Note19,
20
Note19,
20
Note19, 20 Note20 Note19,
20
Note20 Note19,20 Note19,20 Note20
Notes:
1. The lot area must provide all required setback areas and off-street parking and loading.
Lot area per dwelling must not be less than 5,000 square feet per detached single -
household dwelling and 3,000 square feet per attached dwelling. Lot area per each
dwelling used to satisfy the requirements of division 38.380 must not be less than 2,700
square feet per detached single-household dwelling and 2,500 square feet per attached
dwelling.
2. Reserved.
3. Reserved.
4. In the UMU district, the footprint of individual buildings must not exceed 45,000 square
feet.
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Ordinance 2062, Building Height Clarification Revisions
Page 4 of 13
5. The maximum lot coverage must be 40 percent for principally residential uses or 100
percent for principally non-residential uses.
6. Buildings within a development or each phase of a multi-phased development must
have varying heights achieved through the use of multiple stories.
7. B-2 height exceptions:
a. Maximum height may be increased by up to a maximum of 50 percent when the
zoning district is implementing a regional commercial and services growth policy
land use designation.
b. Maximum height otherwise cumulatively allowed by this section may be increased
by 30 percent through the approval of a conditional use permit, but only when the
additional height is a specifically identified purpose of the review.
8. B-2M height limits:
a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet
(whichever is less), provided the top floor of five-story buildings within 30 feet of
the front property line feature has a stepback of at least ten feet from the front face
of the building.
b. For buildings designed for single purpose residential use: Four stories or 50 feet (whichever
is less).
c. An area, not to exceed a total of ten percent of the floor area which is located at street
level, may extend above the maximum building height by up to 12 feet.
9. Maximum building height in the B-3 district must be 55 feet in the district core area and 70
feet outside of the core area.
10. Maximum building height may be increased by up to but not more than an additional 25
feet when structured parking is provided per section 38.330.040.E.2, and whe n determined to
be in compliance with the review criteria of 38.230.100.
11. Front setback provisions are set forth in the block frontage standards in division 38.510
and in 38.350.070.
12. In the PLI district, there is no setback requirement except when a lot is adjacent to
another district. The setbacks then must be the same as those in the adjacent district. The
setback requirements of RS must be interpreted as those of R -1.
13. The minimum rear setback is five feet for accessory buildings.
14. Zero lot lines are allowed per 38.350.050.B.
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Ordinance 2062, Building Height Clarification Revisions
Page 5 of 13
15. All vehicle entrances into garages must be no closer than 20 feet to a property line, unless
explicitly authorized otherwise under this chapter.
16. Side and rear setbacks for parking may be allowed to be zero feet when coordinated
parking arrangements between adjacent properties are provided.
17. Rear and side setbacks adjacent to alleys must be at least five feet.
18. Garage location standards: for single to four-household uses, see 38.350.070.
19. This chapter provides opportunities for parking requirements to be met by shared and
off-site parking as allowed by division 38.540 of this chapter.
20. Non-residential and multi-household developments are subject to the block frontage
standards of division 38.510.
21. Floor-to-floor height is defined as the height between each floor plate in a building
measured from the top of the ground floor to the top of the floor above. This standard applies
to non-residential buildings, and mixed use buildings, except for residential portions of mixed-
use buildings.
Section 2
That 38.330.010 – UMU district – Special Standards of the Bozeman Municipal Code be amended
as follows with the remaining elements of the section to remain as presently written:
E. Building standards.
1. Building design. See division 38.520 for applicable standards for all development types.
2. Floor-to-floor heights and floor area of ground-floor space.
a. All commercial floor space provided on the ground floor of a mixed-use building
must have a minimum floor-to-ceiling height of 13 feet.
b. All commercial floor space provided on the ground floor of a mixed-use building
must contain the following minimum floor area:
(1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots
with street frontage of less than 50 feet; or
(2) At least 20 percent of the lot area on lots with street frontage of 50 feet or more.
3. Street-level openings on parking structures must be limited to those necessary for retail
store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and
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Ordinance 2062, Building Height Clarification Revisions
Page 6 of 13
elevator lobbies. Parking structures adjacent to streets must have architectural detailing
such as, but not limited to, standard size masonry units such as brick, divided openings
to give the appearance of windows, and other techniques to provide an interesting and
human-scaled appearance on the story adjacent to the sidewalk.
Section 3
That Table 38.530.010.B – Storefront block frontage standards, of the Bozeman Municipal Code be
amended as follows:
Table 38.510.030.B
Storefront block frontage standards
Element Standards( refers to departure
opportunities, see subsection
38.510.030 below)
Examples & Notes
Ground floor
Land use
Non-residential uses specified in
38.310.040, except for lobbies
associated with residential or
hotel/motel uses on upper floors.
Floor to ceiling
floor height of
ground floor
13 15' minimum (applies to new
buildings only).
Non-residential
space depth
20' minimum (applies to new
buildings only).
Building
placement
Required at front property line/back
edge of sidewalk. Additional setbacks
are allowed for widened sidewalk or
pedestrian-oriented space
(38.520.060.D).
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Building
entrances
Must face the street. For corner
buildings, entrances may face the
street corner.
Façade
transparency
At least 60% of ground floor between
30" and 10' above the sidewalk for
primary facades and 40% of ground
floor between 30" and 10' above the
sidewalk for secondary facades.
Display windows may count for up to
50% of the transparency requirement
provided they are at least 30" in
depth to allow for changeable
displays. Tack-on display cases do not
qualify as transparent window areas.
Window area that is glazed over or
covered in any manner that
obscures visibility into the
storefront space shall not count as
transparent window area.
Weather
protection
Weather protection with 8-15'
vertical clearance at least 5' in
average depth along at least 60% of
façade. Retractable awnings may be
used to meet these requirements.
Parking location
Also see division
38.540 of this
division for
related parking
requirements
New surface and structured parking
areas (ground floor) must be placed
to the side or rear of structures and
are limited to 60' of street frontage.
Provide a 6' minimum buffer of
landscaping between the street and
off street parking areas meeting the
performance standards of division
38.550.
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Ordinance 2062, Building Height Clarification Revisions
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Sidewalk width
12 feet minimum between curb edge
and storefront (area includes
clear/buffer zone with street trees).
Setbacks and utility easements must
also be considered and may result in
a larger minimum sidewalk width.
Section 4
That 38.510.030.M, Structured parking facility development standards, of the Bozeman Municipal
Code be amended as follows:
[M. Structured parking facility development standards.] [3]
1. All above ground structured parking facilities must conform to the design standards
herein and the designated block frontage in section 38.510.030. In the event of a conflict
between block frontage standards and the standards of this section, the stand ards of
this section will govern. Exceptions:
a. Single-household dwellings and individual townhouse and multi-household units
with physically separated individual drive aisles. Physical separation is provided
when at least one of these options are provided: Individual garage doors for each
interior parking space; a vegetated planter not less than four feet in width between
the parking spaces in the driveway area; or a wall not less than four feet in height
and length, is provided between the parking area in the driveway and dividing the
garage entrance; and
b. For development in the R-5 and B-2M districts, the applicable structured parking
provisions in division 38.500 (Block Frontage Standards) take precedence over any
conflicting provisions of division 38.340 or related standards in this section.
2. Building standards.
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Ordinance 2062, Building Height Clarification Revisions
Page 9 of 13
a. Intent: To promote an active and diverse streetscape, parking structures should be
located behind buildings in the interior of blocks or below grade. Parking garages
that front streets must line the parking garage at the street level with an active use.
(1) Street designs accommodate on street parking and pedestrian mobility. Parking
lots and garages rarely front the streets, and are typically relegated to the rear of
the lot and the center of blocks.
(2) Parking garages should be located in the interior of blocks. Parking garages that
front onto streets must provide a lining of retail, office, or residential use at the
street level along the entire street frontage.
b. In all districts, all commercial floor space wrapping must provide a minimum 20 foot
depth of habitable and conditioned space as defined by the most currently adopted
IBC.
c. In all districts, commercial space depth will be considered where the applicant can
successfully demonstrate the proposed alternative design and configuration of the
space is viable for a variety of permitted commercial uses.
d. In all districts, residential active use areas must be 12 feet in depth, except for riser
room, trash areas and other functional uses that must face the street.
e. In all districts, all commercial floor space wrapping a parking structure on the
ground floor must have a minimum floor to ceiling floor height of 13 15 feet.
f. Structured parking facilities must provide transparency along at least 50 percent of
the linear length of the building's façade. This may be achieved with windows,
displays, building lobbies, building entrances, display windows, or windows
affording views into the building. This requirement applies to both frontages of a
building located on a corner lot.
(1) The bottom edge of any window or product display window used to satisfy the
transparency standard of this subsection B.3 may not be more than four feet above
the adjacent sidewalk.
(2) Product display windows used to satisfy these requirements must have a minimum
height of four feet and be internally lighted.
g. Street-level openings on parking structures must be limited to those necessary for
retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to
stairs and elevator lobbies. Parking structures adjacent to streets must have
architectural detailing such as, but not limited to, standard size masonry units such
as brick, divided openings to give the appearance of windows, and other techniques
to provide an interesting and human-scaled appearance on the story adjacent to
the sidewalk.
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Ordinance 2062, Building Height Clarification Revisions
Page 10 of 13
h. Buildings must be articulated with modules, architectural detailing, individual floors
visually expressed in the façade, and rhythm and pattern of openings and surfaces
must be human-scale.
i. Buildings must be oriented to the adjacent public or private street.
j. If an alley is adjacent to site, access must be taken from that alley. Access to a street
may be considered by the review authority.
k. A pedestrian safety plan is required for all parking facilities with more than 100
parking spaces and must be reviewed and approved by the city engineer. The city
engineer may request a pedestrian safety plan for parking facilities with less than
100 parking spaces.
l. Parking entrance(s) may not account for more than 25 percent of entire building
façade.
m. Parking entrance(s) must not be located central to the building façade.
Section 5
That paragraph A.1 of Subchapter 4B of the Bozeman Guidelines For Historic Preservation And
The Neighborhood Conservation Overlay District be amended as follows with all other portions
remain unchanged:
1. Provide density to meet the goals and objectives of the Downtown Bozeman Improvement
Plan.
• Floor area ratio for any new construction project shall be a minimum of 1.0 FAR.
Lower FAR ratios are acceptable with renovation or remodeling of existing structures.
• Floor-to-floor heights for commercial and mixed use buildings ground floors shall be
designed to accommodate a variety of current and future uses and must comply with
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Ordinance 2062, Building Height Clarification Revisions
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Table 38.320.050 of the municipal code. The first floor level of new commercial and
mixed use buildings shall maintain a minimum floor-to-floor height of 15 feet.
• Ground floor residential uses are exempt from the 15-foot floor-to-floor height
requirements but developers are encouraged to consider taller first floors to provide
flexibility for a variety of uses over time.
Section 6
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 7
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All o ther
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 8
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
228
Ordinance 2062, Building Height Clarification Revisions
Page 12 of 13
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 9
Codification.
This Ordinance shall be codified as indicated in Sections 1-4.
Section 10
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
229
Ordinance 2062, Building Height Clarification Revisions
Page 13 of 13
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___ day of ________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is ______________, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
230
Memorandum
REPORT TO:City Commission
FROM:Jennifer A. Giuttari, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Ordinance 2092 Final Adoption Amending Bozeman Municipal Code Section
2.03.540 governing Gifts, Gratuities, and Favors
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to finally adopt Ordinance 2092.
STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture
that reinforces ethical behavior, exercises transparency and maintains the
community’s trust.
BACKGROUND:On October 26, 2021, the City Commission provisionally adopted Ordinance
2092. As part of its provisional adoption, the Commission approved having
City Staff review the Ordinance and amend the language, if appropriate in
Section 2.03.540(A) BMC.
UNRESOLVED ISSUES:City staff reviewed Ordinance 2092 and per the Deputy Mayor's
recommendation during the October 26, 2021 Commission Meeting, made
the following changes to subsection(A) of the Ordinance's proposed
language:
Legislative Intent. The intent of this section is to further implement the
declaration of policy set forth in 2.03.460 and establish specific standards of
conduct related to gifts, gratuities, and favors that are provided to a person
because of a person's employment or official position with the city. Further,
this section ensures City employees and public officers are not influenced in
the performance of their work by outside persons or entities in a manner
that entices the employee to shift their commitment and dedication away
from public service to their own personal interests or the interests of an
outside entity or person. These standards recognize legitimate governmental
interests exist that allow an employee or official to accept a gift, gratuity or
favor in limited circumstances without such acceptance being considered the
use of public office for private gain. These interests include, but are not
limited to, establishing effective relationships with citizens, acceptance of
professional and community awards for public service, and attending public
events in an official capacity. At the same time, these standards make it clear
that each public officer and employee holds such office or employment as a
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public trust.
During this review, City staff noticed three other minor, grammatical typos
and made the necessary changes. No other changes were made.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Attachments:
Ordinance 2092.pdf
Report compiled on: October 27, 2021
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Ordinance 2092
Page 1 of 5
ORDINANCE 2092
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING BOZEMAN MUNICIPAL CODE SECTION 2.03.540 (GIFTS,
GRATUITIES, AND FAVORS).
WHEREAS, local government officials and employees hold positions of public trust, and
therefore must act independently, impartially, and responsibly to ensure the proper operation of
local government; and
WHEREAS, the proposed amendments are consistent with and uphold the Bozeman City
Charter’s prohibition on the use of public office for private gain at Sec. 7.01; and
WHEREAS, the proposed amendments are consistent with and uphold the Declaration of
Policy of the Code of Ethics at 2.03.460, BMC; and
WHEREAS, 2.03.540, BMC “establish[es] specific standards or conduct related to gifts,
gratuities, and favors that are provide to a person because of the a person’s employment or official
position with the city” and the proposed amendments are consistent with and uphold these
standards and legislative intent; and
WHEREAS, over the past two years, the City Attorney’s Office and the Board of Ethics
have repeatedly addressed questions requiring further interpretation of 2.03.540, BMC which
necessitates an amendment of the Code of Ethics.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 2.03.540, Bozeman Municipal Code, is amended as follows:
Sec. 2.03.540. Gifts, gratuities and favors.
A. Legislative Intent. The intent of this section is to further implement the declaration of policy
set forth in 2.03.460 and establish specific standards of conduct related to gifts, gratuities,
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Ordinance No. 2092, (Amending the Gifts, Gratuities, and Favors Subsection in the Code of
Ethics)
Page 2 of 5
and favors that are provided to a person because of a person's employment or official
position with the city. Further, this section ensures City employees are not influenced in the
performance of their work by outside persons or entities in a manner that entices the
employee or public officers to shift their commitment and dedication away from public
service to their own personal interests or the interests of an outside entity or person. These
standards recognize legitimate governmental interests exist that allow an employee or
official to accept a gift, gratuity or favor in limited circumstances without such acceptance
being considered the use of public office for private gain. These interests include, but are
not limited to, establishing effective relationships with citizens, acceptance of professional
and community awards for public service, and attending public events in an official
capacity. At the same time, these standards make it clear that each public officer and
employee holds such office or employment as a public trust.
B. No official or employee shall accept a gift, gratuity, or favor from any person or entity:
1. That would tend improperly to influence a reasonable person in the person's position to
depart from the faithful and impartial discharge of the person's public duties;
2. That the person knows or that a reasonable person in that position should know under
the circumstances is primarily for the purpose of rewarding the person for official
action taken; or
3. Has a value of $100.00 or more for an individual.
C. An employee or official may accept a gift, gratuity, or favor that has a value greater than
$25.00 but less than $100.00 for an individual only if such gift, gratuity or favor:
1. Complies with 2.03.540.B.1 and 2; and
2. Is provided incidental to and in conjunction with a public event where the official or
employee's attendance is in fulfillment of their official duties.
D. 1. An employee or official may accept a gift, gratuity, or favor that has a value greater than
$25.00 but less than $100.00 for an individual only if such gift, gratuity or favor that
complies with 2.03.540.B.1 and 2 and is provided incidental to and in conjunction with a
public event where the official or employee's attendance is in fulfillment of their official
duties.
2. An employee or official may accept payment or reimbursement from a person or entity
for necessary expenses such as travel, lodging, meals, and registration fees in excess of
$100.00 if the expense is incurred while representing the city and the reimbursement
would not violate 2.03.540.B.1 and 2. Reimbursement or payment for educational
activities in excess of $100.00 is permissible if the payment or reimbursement does not
place or appear to place the official or employee under obligation, clearly serves the
public good, and is not lavish or extravagant.
E. Upon the acceptance of a gift, gratuity, favor or award pursuant to 2.03.540.C, the recipient
shall file a disclosure statement with the board of ethics. Such disclosure statement shall
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Ordinance No. 2092, (Amending the Gifts, Gratuities, and Favors Subsection in the Code of
Ethics)
Page 3 of 5
indicate the gift, its estimated value, the person or entity making the gift, the relationship to
the employee or official, and the date of the gift. The disclosure statement is a public record.
F. A gift, gratuity, or favor does not include:
1. Items or services provided an employee or official in their private capacity and without
relationship to their employment or official position:
2. A prize received upon a random drawing at an event where the official or employee
attends in their capacity as an employee or official, the drawing is open to all attendees,
and receipt of the prize does not place the official or employee under obligation;
3. An award publically presented to an employee or official in recognition of public
service; and
4. Compensation for officiating at a ceremony.;
5. Benefits provided by the City as an employer beyond salary and medical-related
benefits, and which are available to all City employees;
6. Discounts on goods or services, or other benefits provided by a labor union to its
members who are employees of the City if:
i. the benefit is generally available throughout the state or the country to the
same category of union member; and
ii. the benefit is not offered to influence an employee to depart from the
faithful and impartial discharge of a person’s public duties or to reward the person for
official action taken;
7. Discounts on good or services or other benefits provided by an employee’s
professional organization if:
i. the benefit is generally available throughout the state or the country to the
same category of professional organization member; and
ii. the benefit is not offered to influence an employee to depart from the
faithful and impartial discharge of a person’s public duties or to reward the person for
official action taken; and
8. Educational scholarships provided by a private entity affiliated with the City or with an
employee’s labor union or professional organization, including but not limited to a
private corporation, foundation, and non-profit organization, to an employee because
of their professional status or category if:
i. the benefit is not offered to influence an employee to depart from the
faithful and impartial discharge of a person’s public duties or to reward the person for
official action taken; and
ii. the City does not purchase goods or services from the private entity.
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Ordinance No. 2092, (Amending the Gifts, Gratuities, and Favors Subsection in the Code of
Ethics)
Page 4 of 5
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 2092, (Amending the Gifts, Gratuities, and Favors Subsection in the Code of
Ethics)
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Jeff Mihelich, City Manager
Anna Rosenberry, Assistant City Manager
Jim Veltkamp, Chief of Police
Cassandra Tozer, Human Resources Director
Melody Mileur, Communications and Engagement Manager
Dani Hess, Community Engagement Coordinator
SUBJECT:Fifth Quarterly Report on Bozeman as an Inclusive City
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:None
STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity
through policies and public awareness.
BACKGROUND:On July 22, 2020 the City Commission was presented with the “Bozeman as
an Inclusive City Review of Policies.” This internal review presented 24
actions items describing how the City could continue to strive toward a more
equitable and inclusive organization and community. As a part of the report
City staff will be providing the City Commission with quarterly updates on
the progress made on the actions outlined in the report. This is the fifth
quarterly report on this topic to come before the Commission.
The report includes detailed updates on completed and in progress/ongoing
actions as well as a timeline and budget for each action in the report. To
view previous quarterly reports visit the City’s website
www.bozeman.net/equityandinclusion
Some key highlights from the report include:
The Community Roundtable on Equity and Inclusion on October 25th
that brought over 120 people together to discus the Equity Indicators
Report, listen to story, and identify actions for moving forward.
Recently completed training by the City Commission on foundations of
equity
Steps toward evaluating diversity and inclusion on the City's advisory
boards as a part of the recent board consolidation effort
UNRESOLVED ISSUES:None
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ALTERNATIVES:None
FISCAL EFFECTS:None
Attachments:
Inclusive City Report November 2021.pdf
Report compiled on: November 9, 2021
239
1
NOVEMBER 16, 2021
City of Bozeman
Inclusive City Project Team
Inclusive City
Quarterly Report
November 2021
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City Manager Update
In July of 2020, staff came before the City Commission with the Inclusive City report. This internal report has 24
actions describing how we can continue to strive towards a more equitable and inclusive organization and
community.
This is the City’s fifth quarterly report. We continue to remain dedicated to this work and I’m proud of the
progress we are seeing across our organization. We now have 17 of our actions in progress or complete! Of
course, the work is never done. As we look towards developing an equity action plan there will be more to do.
To view all previous reports visit our website at www.bozeman.net/equityandinclusion. This report includes a
list of completed actions along with updates on newly completed items, updates on actions that are in
progress, and a detailed timeline and associated budget for all actions. Words matter in this work, and it’s
important to point out that many of these items may never be “complete” but will be “ongoing” efforts that
the City is dedicated to incorporating as a part of routine work.
This fall was a busy season for several projects within the Inclusive City report. The Equity Indicators Project
was finalized this fall giving us clear data points on which we can measure our progress as a community. The
entire report is available on our website www.bozeman.net/equityandinclusion and we expect our live
dashboard to be up this winter!
After an extensive and intentional planning effort the Community Roundtable on Equity and Inclusion was a
success! The event was attended by over 120 community members and combined real life stories with the data
of our new equity indicators. We’d like to thank the many partners who attended and especially our planning
team including folks from Montana State University, Bozeman Health, Montana Racial Equity Project and
Bozeman School District 7. The roundtable helped strengthen and grow relationships across Bozeman and we
are excited to take this momentum into the next year.
Finally, the entire City Commission as well as some of our top leaders in City staff attended a four hour long
course on the foundations of equity. Training remains one of our top priorities and we are thrilled to deliver
core training to some of our key decision makers at the City.
In the simplest terms, our goal is to ensure that every resident, visitor, and City of
Bozeman employee feels welcomed and valued, and can thrive no matter their race,
identity, or life circumstance. – Jeff Mihelich
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Completed Actions
For further detail on completed actions please review previous reports on
our website at www.bozeman.net/equityandinclusion
City Manager Recommendations
1. Provide a quarterly progress report to the City Commission and interested
stakeholders
The next report will be delivered in February 2021.
4. Sponsor a Diversity, Equity and Inclusion Summit with community partners such as
Montana State University, HRDC, and Montana Racial Equity Project
The Community Roundtable on Equity & Inclusion was hosted in partnership with the Montana State University
Office of Diversity & Inclusion, Montana Racial Equity Project, Bozeman School District, and Bozeman Health.
The 2.5 hour virtual event took place on Monday, October 25th and was attended by over 120 community
members and leaders of organizations addressing our community’s most pressing needs. The planning
committee took steps to create a welcoming and inclusive space by co-creating and delivering a land
acknowledgement, establishing group agreements for participation in discussion, and providing language
access for Spanish speakers through live interpretation, and accommodating the needs of people with low or
no vision or hearing.
The event covered the data with a presentation of equity indicators, made space for the voices of three local
storytellers who shared their lived experiences, and sparked discussion among attendees about how we can all
contribute to closing the gaps in our community. Out of these facilitated discussions, we gathered input,
listened to people’s experiences, and exchanged contact information. We are excited to maintain momentum,
strengthen existing relationships, and build new ones as we take the next steps together.
The event closed by asking participants to commit to taking action in their organizations or personal lives
through continued learning about inequity and injustice, contributing to the work being done by local
organizations to correct inequities, and participate in the City of Bozeman’s upcoming efforts to develop a
Diversity, Equity & Inclusion plan. Participants were directed to the city’s website to stay informed and engaged
as we lay the groundwork for a Diversity, Equity & Inclusion plan in the coming year.
6. Become a member of the Government Alliance on Race and Equity (GARE)
The City of Bozeman was accepted into GARE in November 2020. Bozeman is now the first organization from
Montana to be a part of GARE! As a part of the City’s membership there are opportunities to learn from leaders
in the space as well as share successes. Several staff have already completed the GARE Foundations training
course “Advancing Racial Equity: The Role of Government” and are utilizing the network to ensure the City’s
actions are in line with best practices.
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Diversity, Inclusion and interaction with Minorities – Bozeman
Police Department
2. Augment existing policies and update to “Bias-free Policing”
The Bozeman Police Department has reviewed its existing policies against the model policy of “Bias-Free
Policing” and updated the department’s existing policies where necessary to be in line with this national best
practice (See Appendix A.) The final policy has now replaced the prior policy and staff have completed a
training program which highlighted the changes and the key points.
Use of Force – Bozeman Police Department
1. Policy Changes
The Bozeman Police Department has made revisions to the current policy which includes providing additional
policy direction concerning de-escalation and use of force. The goal of the updates is to address community
concerns and provide clarity for officers. As a result, a new and updated “Use of Force” policy (see Appendix B)
has been finalized and approved. The updated policy has been implemented and staff have completed a
training program to familiarize them with the changes.
Citizen Appeal Process – Bozeman Police Department
2. Clearly distinguish inquiries from complaints
After distinguishing inquiries from complaints, Bozeman Police Department staff began the lengthy process of
formulating workflow stemming from each category, which has now also been completed. The workflow clearly
separates and defines “inquiries,” “minor complaints,” and “major complaints.” After that, it distinguishes
which major complaints will require an administrative investigation and which will require an external
investigation.
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In Progress Actions
City Manager Recommendations
2. Identify anti-discrimination, implicit bias and systemic racism training for elected
officials and department heads.
In September the Bozeman City Commission as well as Directors and City Management participated in a four
hour foundational diversity, equity and inclusion training through The Equity Project. This voluntary,
interactive, virtual training provided an opportunity for all elected officials to receive a basic level course ahead
of implementation of the REAL program.
The project Training Team continues to work with National League of Cities’ Race, Equity And Leadership (REAL)
training program as the partner to deliver REAL 100: Normalizing Racial Equity in Local Government Training to
city staff, including elected officials and department heads. It is very important that everyone in our
organization, regardless of position, has the opportunity to experience this base-line training. The process
includes an employee assessment that will take place leading into the training that will assist in identifying
follow-up training needs after this 100-level course. Staff are currently putting together the questions for the
pre-training assessment that will go out to all employees.
5. Accelerate the implementation of body worn cameras for the Bozeman Police
Department.
After having selected Getac Video Solutions as the new vendor for patrol car video systems, interview room
video systems, and body worn cameras, the Bozeman Police Department installed a test patrol car video
system this summer. Having a system installed and being tested on a daily basis has allowed the department to
fix any issues and ensure complete integration with the new digital evidence management system. In addition,
plans have been finalized to have this system installed in the interview rooms in the new Bozeman Public Safety
Center. As of this report, the Bozeman Police Department and Bozeman City Attorney’s Office are still working
to finalize a contract with Getac Video Solutions. During this quarter, payment options were closely considered
and the departments’ Capital Improvement Project funding requests were adjusted. Once the contract is
finalized, the process of migrating all patrol car video systems to this vendor will begin, hopefully this coming
quarter. In addition, we have tentative plans to put together a community engagement process this winter, in
anticipation of beginning use of the body cameras next year.
3. Develop a City Equity and Inclusion Plan to engage stakeholders and identify gaps
community wide and to implement policies that help all persons in Bozeman thrive
regardless of economic, racial, cultural, or gender identity.
City staff finalized the Equity Indicators Report this fall and continue to focus on getting data sharing
agreements executed with partner organizations. An online platform will be developed to share live indicators
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and is anticipated to launch this winter. The data is intended to inform conversations on how the city can take
action to address these needs and close the gaps together as a community.
The first steps to develop an equity action plan are expected to start early 2022.
Anti-discrimination
1. Implement additional training for all city staff.
As mentioned above under City Manager’s Recommendation Action 2, The project Training Team continues to
work with National League of Cities’ Race, Equity And Leadership (REAL) training program as the partner to
deliver REAL 100: Normalizing Racial Equity in Local Government Training to city staff, including elected
officials and department heads. It is very important that everyone in our organization, regardless of position,
has the opportunity to experience this base-line training. The process includes an employee assessment that
will take place leading into the training that will assist in identifying follow-up training needs after this 100-level
course. Staff are currently putting together the questions for the pre-training assessment that will go out to all
employees.
In June of 2021, the City Commission intentionally earmarked approximately $61,000 for the Bozeman Police
Department to use to increase training in the areas of implicit bias and de-escalation. During this quarter, the
Bozeman Police Department utilized those funds to purchase a virtual reality training simulator. Rather than
spending the funds on one-time training, the purchase of this system will allow the department to conduct
ongoing training on these issues. In addition, the system will be used to offer training to other City employees,
train new officers on a wide variety of topics, and during events such as the Citizen’s Police Academy.
Training Date Completed Length # Staff Trained Comments
Workplace
Diversity
Started December
2020, Ongoing
1 hour 98.2% of all
employees
Cultural diversity can strengthen an
organization’s values and enhance
community awareness. Due to our
country’s rapid growth and ever-
changing diverse populations,
organizations are realizing strength in
the marketplace is linked to their ability
to attract a culturally diverse workforce.
Unfortunately, discrimination still
occurs on many levels. The goals of this
program are to promote awareness and
encourage acceptance, describe
strategies to create a positive and
accepting work environment, and to
highlight the steps to take should
discrimination occur in the workplace.
GARE
Foundations
Advancing
Racial
Started December
2020, Ongoing
6 hours 7 This course provides an introduction to
the role, responsibilities and
opportunities for government to
advance racial equity. Participants gain
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Equity: The
Role of
Government
awareness of the history of race and of
implicit and explicit bias and individual,
institutional, and structural racism and
how it impacts the workplace. The
course also focuses on normalizing
racial equity as a core value with clear
definitions of key terminology,
operationalizing racial equity via new
policies and institutional practices, and
organizing, both internally and in
partnership with other institutions and
the community. Participants also
become skilled at identifying and
addressing institutional and structural
racism.
3. Review employee performance appraisal system
The City’s Human Resources department is working with managers, supervisors and represented employee
groups to seek input on a new approach to performance evaluation. The new approach will have an emphasis
on coaching and development and will aim to facilitate timely, reliable and valuable feedback for all employees.
Once input has been received by staff the program will be reviewed and approved by City Management before
being launched with employees in the “non-represented” category and MFPE union.
4. Review best practice recommendations, including the THRIVE index and the
Municipal Equality index
City staff had initial discussions on the City’s current scores in the THRIVE index (Appendix C) and the Municipal
Equality Index (Appendix D.) Based on the City’s scores from 2019, the team has identified several key areas
where additional progress can be made:
1. THRIVE Index: We believe that we may be able to improve our Paid Parental Leave policies to assist
employees. The Human Resources Department is researching the issue and will make
recommendations to the City Manager within the coming months.
2. Municipal Equality Index: The City has submitted feedback to MEI for any changes to our 2021 score.
We expect a final scorecard to come out at the end of the year.
6. Evaluate Diversity and Inclusion on Advisory Boards
The City Commission recently took action to consolidate many of the City’s Citizen Advisory Boards. As a part of
the consolidation process the City Commission prioritized diversity, equity and inclusion in the new structure.
At the direction of the Commission the City developed a voluntary survey to gather baseline information from
the existing Citizen Advisory Board members. Upon the appointment of the new consolidated boards, the same
survey tool will be distributed to gain a second data point. All data will be compiled in the aggregate and begins
the formal tracking of diversity on the boards.
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The results from those who responded to the initial survey show that people of color are underrepresented on
advisory boards. The City also collected voluntary demographic data on gender, sexual orientation, age,
disability, and whether board members are renters or homeowners.
Diversity, inclusion and interaction with minorities – Bozeman
Police Department
1. Training
This item will be an ongoing effort by the Bozeman Police Department to explore additional training
opportunities on topics including recognizing implicit bias, anti-racial profiling and Bias-Free policing.
Training Date Completed Length # Staff Trained Comments
Implicit Bias November 2020 2.5 hours 64 (all officers) Officers completed an online
course intended to help them
understand how implicit bias
impacts actions and decisions.
The course examined the
relationship between
unconscious and implicit bias,
addressed illicit bias and how it
affects decision making, and
discussed the importance of
communicating effectively.
Use of Force
1. Training
This item will be an ongoing effort by the Bozeman Police Department to incorporate more communication and
de-escalation, scenario-based, in-service trainings for officers. Staff will also evaluate and consider additional
training programs on topics that include communication, de-escalation, intervention, recognizing force
mitigation opportunities, use of force decision-making and more.
Training Date Completed Length # Staff
Trained
Comments
Decision Making November 2020 2 hours 64 (all
officers)
Officers attended a training regarding
making good decisions during critical
incidents. This training included the science
behind why poor decisions are sometimes
made, the inherent “fight or flight” response
and how to overcome it, and how to remain
calm and think critically during high-stress
incidents.
De-escalation,
Intervention, and
Force Mitigation
January 2021 2 hours 62 (all
officers)
Officers completed an online course
focusing on “De-Escalation, Intervention,
and Force Mitigation.” After defining each
term, the training discussed the importance
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of focusing on a “guardian” mindset,
described a variety of factors involved in
human interaction, and explored techniques
for lowering emotions to change behavior in
volatile situations.
Situational
Awareness for
Force Usage
Training
May, 2021 2 hours 40 After participating in a live scenario that
obviously required force, officers were
placed in a slightly altered scenario that did
not require force. Scenarios were intended
to train officers to individually assess each
situation, utilize good communication skills,
recognize potential danger versus lethal
danger, and focus on de-escalating
whenever possible.
Force Mitigation September,
2021
2 hours 64 (all) Every year, all officers must certify in a
variety of “less lethal” options, all designed
to mitigate the amount of force used during
an encounter. During each training cycle,
officers must complete a written or verbal
test, practice with the tool, then complete a
scenario that includes communicating with
the individual in an attempt to avoid force,
then deciding whether that tool is
appropriate for the scenario.
Communication
and De-escalation
October, 2021 3 hours 6 (newly
hired
officers)
As part of their initial training, all new
officers hired this quarter attended a 3 hour
class on communication and verbal de-
escalation tactics. This course includes
examining the topic of “communication”
from both legal and best-practice
perspectives and ways to verbally de-
escalate situations.
Crisis Negotiations
Course
November, 2021 40
hours
3
(officers)
Three current officers attended a 40 hour
course focused on communicating
effectively with those in a variety of crises,
with the common goal always being to avoid
using any type of force to resolve the
situation.
Crisis Negotiations
Conference
November, 2021 16
hours
3
(officers)
Three different current officers attended a
2 day course which included classes on a
variety of crisis negotiations topics. The
conference and all included course again
center on decreasing the need for any force.
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Citizen Appeal Process
1. Create a stand-alone citizen complaint policy.3. Refine the complaint investigative
process.
These action items are interconnected and, for the sake of this report, are considered dependent upon each
other. After distinguishing inquiries from complaints, staff began the lengthy process of formulating workflow
stemming from each category, which has now also been completed. The workflow clearly separates and defines
“inquiries,” “minor complaints,” and “major complaints.” After that, it distinguishes which major complaints
will require an administrative investigation and which will require an external investigation. The overall citizen
complaint policy has now also been completed, a policy which will be included when the department soon
begins publically publishing all policies. The “complaint form” which will begin each complaint process is now
also being finalized and will also be made available to the public. Discussions are still ongoing regarding the
citizen’s appeal process, including who will conduct the review and how a review will be requested.
249
11
Bozeman as an Inclusive City Report – Actions, Budget, Timeline
Green = Complete
Yellow = In progress or Ongoing
Red = Not yet started
City Manager Recommendations
Based on the review of our existing policies, procedures, training protocols and best practices the City Manager
recommends the following actions:
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. PROVIDE A QUARTERLY PROGRESS
REPORT TO THE CITY COMMISSION
AND INTERESTED STAKEHOLDERS
CITY MANAGER’S
OFFICE
IMMEDIATELY - FIRST
REPORT NOVEMBER
2020
$0
2. IDENTIFY ANTI-DISCRIMINATION,
IMPLICIT BIAS AND SYSTEMIC RACISM
TRAINING FOR ELECTED OFFICIALS
AND DEPARTMENT HEADS
HUMAN
RESOURCES/CITY
MANAGER’S OFFICE
DEVELOP 12-MONTH
TRAINING PROGRAM
BY DECEMBER 2020
$53, 745 (PAID FOR
THROUGH GRANT)
3. DEVELOP A CITY DIVERSITY,
EQUITY AND INCLUSION PLAN TO
ENGAGE STAKEHOLDERS AND
IDENTIFY GAPS COMMUNITY WIDE
AND TO IMPLEMENT POLICIES THAT
HELP ALL PERSONS IN BOZEMAN
THRIVE REGARDLESS OF ECONOMIC,
RACIAL, CULTURAL, OR GENDER
IDENTITY
CITY MANAGER’S
OFFICE
18 MONTHS UNKNOWN
4. SPONSOR A D IVERSITY, EQUITY
AND INCLUSION SUMMIT WITH
COMMUNITY PARTNERS SUCH AS
MONTANA STATE UNIVERSITY,
HRDC, AND MONTANA RACIAL
EQUITY PROJECT
CITY MANAGER’S
OFFICE
2021 UNKNOWN
5. ACCELERATE THE
IMPLEMENTATION OF BODY WORN
CAMERAS FOR THE BOZEMAN POLICE
DEPARTMENT
BOZEMAN POLICE
DEPARTMENT
BPD WILL HAVE
RECOMMENDATION
ON TIMELINE AS A
PART OF THE
UPCOMING CAPITAL
IMPROVEMENT
PLANNING PROCESS
AND WILL MAKE
RECOMMENDATIONS
ON FISCAL YEAR.
BPD WILL HAVE COST
ESTIMATES AS A PART
OF THE UPCOMING
CAPITAL
IMPROVEMENT
PLANNING PROCESS.
250
12
6. BECOME A MEMBER OF THE
GOVERNMENT ALLIANCE ON RACE
AND E QUITY
CITY MANAGER’S
OFFICE
IMMEDIATELY $1,000 ANNUALLY
251
13
Overall Diversity for the Organization
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. MAKE DIVERSITY A FORMAL
AND HIGH PRIORITY FOR THE
ORGANIZATION
The City will communicate its
commitment to diversity to all
city staff and significantly
increase formal training for
supervisors and employees on
implicit bias. The City will
review and adjust its employee
performance appraisal system
to ensure consistency of
evaluations and non-
discrimination.
CITY MANAGER HOLD ALL CITY STAFF
MEETING AND PASS
ADMINISTRATIVE
ORDER
$0
252
14
Anti-discrimination
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. IMPLEMENT ADDITIONAL
TRAINING FOR ALL CITY STAFF
HUMAN R ESOURCES LMS “WORKPLACE
DIVERSITY” DEPLOYED
TO ALL EMPLOYEES BY
DECEMBER.
ESTABLISH A 12
MONTH TRAINING
CALENDAR FOR ALL
EMPLOYEES BY
MARCH 2021
WE HAVE A SYSTEM
WITH THESE TYPES OF
TRAININGS INCLUDED
BUT MAY NEED
FUNDING FOR IN
PERSON TRAINING
The City will consider more
frequent and additional trainings
including trainings on “Inclusion
in the Workplace” and “Implicit
Bias”
2. EMPLOYEE ENGAGEMENT
SURVEYS
HUMAN R ESOURCES MOVED TO SPRING
2022
$0
The City will engage employees
annually to gauge inclusion and
engagement in the workplace to
measure the success of other
efforts by the City.
3. EMPLOYEE PERFORMANCE
APPRAISAL SYSTEM
HUMAN R ESOURCES FY22 $0
The City will review its employee
performance appraisal system
and provide updates with greater
consideration to fairness and
inclusion.
4. REVIEW BEST PRACTICE
RECOMMENDATIONS, INCLUDING
THE THRIVE INDEX AND THE
MUNICIPAL EQUALITY INDEX
HUMAN
RESOURCES/CITY
MANAGER’S OFFICE
INITIAL MEETING
WITH CITY MANAGER
TO REVIEW THESE
PROGRAM ELEMENTS
IN JANUARY 2021
$0 FOR INITIAL
REVIEW.
IMPLEMENTING NEW
ELEMENTS MAY
REQUIRE FUNDING.
The City will review the best
practices of the THRIVE index
and the Human Rights
Campaign’s Municipality Equality
index and consider City policies
that may need additional updates
to meet these best practices.
5. REVIEW HOW THE CITY HANDLES
ANONYMOUS COMPLAINTS (ETHICS
ORDINANCE)
CITY MANAGER’S
OFFICE
2022 $0
253
15
The City will review the current
policies within the ethics
ordinance that requires
complainants to give their name
before complaints are given a
complaint investigation status.
The review will consider the
failures of the policy to meet the
needs of the victim and should
be updated to reflect those
needs.
6. EVALUATE DIVERSITY &
INCLUSION ON ADVISORY BOARDS
CITY CLERK’S OFFICE SUMMER 2021 $0
The City will conduct an
evaluation of City Advisory
Boards to determine how or if
the City tracks diversity on these
boards and consider systems that
could be implemented to support
diversity and inclusion in these
spaces.
254
16
Diversity, inclusion and interaction with minorities – Bozeman Police
Department
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT
FISCAL YEAR)
1. ADD FUTURE TRAININGS POLICE DEPARTMENT
The Bozeman Police
Department will explore
additional training opportunities
on topics including recognizing
implicit bias, anti-racial
profiling, and Bias-Free Policing.
IMPLICIT BIAS TRAINING
(ONLINE) (2.5 HR)
NOVEMBER
2020
$3,400
2. AUGMENT EXISTING POLICIES
AND UPDATE TO “BIAS-FREE
POLICING”
POLICE DEPARTMENT
The Bozeman Police
Department will review its
existing policies against the
model policy of “Bias-Free
Policing” and update existing
policies where necessary to be
in line with this national best
practice.
COMPLETED AND
TRAINING
IMPLEMENTED
$0
3. BROADEN COMMUNITY
O UTREACH EVENTS
The Bozeman Police
Department will give continued
consideration to broadening
community outreach events to
interact with more Montana
State University groups as well
as other community groups.
POLICE DEPARTMENT TO BE
DETERMINED
DEPENDENT
UPON
PANDEMIC-
RELATED
RESTRICTIONS
N/A
255
17
Hiring Practices - Overall
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. CONTINUED EFFORTS TO REACH
OUR BEST PRACTICES
The City will continue to evaluate
and improve its efforts to achieve
our best practices in hiring and
recruitment. This includes
improving our results for
candidates and evaluating the
impacts of turnover.
HUMAN R ESOURCES APRIL 2021 MAY NEED MINIMAL
AMOUNTS FOR JOB
POSTINGS TO NICHE
GROUPS.
2. UPDATE HIRING PRACTICES
POLICY
HUMAN R ESOURCES 2021-2022 $0
The City will update the hiring
practices manual to reflect current
practices and further efforts for
diversity. The City will also train
supervisors to the hiring practices
and hold supervisors accountable
for not following hiring practices.
3. REVIEW AND UPDATE THE
LANGUAGE AND IMAGES USED FOR
ADVERTISING POSITIONS
HUMAN R ESOURCES 2021 $20,000
The City will review the language
and images used for recruiting and
advertising open city positions to
specialized groups. Language and
images should take into
consideration literal and visual
differences in varied applicant
pools.
WORK WITH A
CONSULT TO DEVELOP
NEW VISUAL AND
WRITTEN MATERIALS
256
18
Use of Force
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. POLICY CHANGES
The Bozeman Police
Department will make revisions
to the current BPD policy and
provide additional policy
direction concerning de-
escalation and use of force.
These updates hope to address
community concerns and
provide clarity for officers.
POLICE DEPARTMENT COMPLETE AND
TRAINING
IMPLEMENTED
$0
2. FUTURE TRAININGS POLICE DEPARTMENT
The Bozeman Police Department
will incorporate more
communication and de-escalation
scenario-based in-service
trainings for officers. They will
also evaluate and consider
additional training programs on
topics that include
communication, de-escalation,
intervention, recognizing force
mitigation opportunities, use of
force decision-making, and
others.
DECISION MAKING (IN
PERSON FOR
OFFICERS) (2 HR)
NOVEMBER 2020 $0
DE-ESCALATION AND
FORCE MITIGATION
(ONLINE FOR ALL
OFFICERS) (2 HR)
FALL 2020 $3,400
DE-ESCALATION
SCENARIOS (IN
PERSON FOR
OFFICERS) (2 HR)
MAY, 2021 $0
FORCE MITIGATION OCTO BER, 2021 $0
257
19
COMMUNICATION
AND DE-ESCALATION
OCTOBER, 2021 $0
CRISIS N EGOTIATIONS NOVEMBER, 2021
258
20
Citizen Appeal Process – Bozeman Police Department
ACTION ITEM LEAD DEPARTMENT TIMELINE FOR
IMPLEMENTATION
BUDGET (ESTIMATE IF
AVAILABLE, NOTE IF
ALREADY BUDGETED
FOR AND WHAT FISCAL
YEAR)
1. CREATE A STAND-ALONE CITIZEN
COMPLAINT POLICY
The Bozeman Police Department
will create a stand-alone Citizen
Complaint Policy that will be
available on the City’s website
with clear instructions on how to
file a complaint, the complaint
investigation process, timeline for
response, and steps for further
engagement after an outcome
has been determined.
POLICE DEPARTMENT SPRING 2021 $0
2. CLEARLY DISTINGUISH INQUIRIES
FROM COMPLAINTS
The Bozeman Police Department
will create a process, including
defining the terms “inquiry” and
“complaint” to clearly distinguish
inquiries from complaints
requiring an investigation and
create a system for documenting
inquiries.
POLICE DEPARTMENT SPRING 2021 $0
3. REFINE THE COMPLAINT
INVESTIGATIVE PROCESS
The Bozeman Police Department
will review and update the
Complaint Investigative Process
to establish a clear timeframe for
notification and follow-up within
24 hours with a complainant. The
Bozeman Police Department will
also explore options for
developing an appeal process for
citizens that are unsatisfied with
the outcome of a complaint
investigation.
POLICE DEPARTMENT SPRING 2021 $0
259
Memorandum
REPORT TO:City Commission
FROM:Jacob Miller, Associate Planner
Chris Saunders, Community Development Manager
Martin Matsen, Director of Community Development
SUBJECT:Ordinance 2091 Provisional Adoption to Update to Accessory Dwelling Unit
(ADU) Standards to Revise the Standards for Ground Floor ADUs in All
Applicable Zoning Districts by Requiring that Ground Floor ADUs Must Either
Have Alley Access or a Pedestrian Connection to a Sidewalk or the Adjacent
Right-of-way; This amendment Will Also Revise the Standards for all ADUs by
Removing the Requirement to Provide Minimum Parking
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21-100 and move to
provisionally adopt Ordinance 2091, Update on Ground Floor Accessory
Dwelling Units Text Amendment
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The current standards for ground floor ADUs require that they have alley
access. It has been asserted through a submission to the UDC Community
Platform that this requirement is overly restrictive and is likely limiting the
construction of ADUs. This requirement was also identified in the Bozeman
Code Audit to Create and Preserve Housing as limiting construction of ADUs.
The Bozeman Community Plan 2020 (BDC 2020) clearly states in Goal N-1.4
that the City should “Promote development of accessory dwelling units
(ADUs)”. The second part of this amendment which will remove the
minimum parking requirement of one off-street space for ADUs is also
supported with Goal N-1.4 and the previously mentioned code audit.
Building off-street parking can be expensive and in some cases not physically
possible due to site constraints. The intent of these updates are to facilitate
construction of ADUs.
UNRESOLVED ISSUES:None
ALTERNATIVES:Recommend alternate language
260
FISCAL EFFECTS:No specific changes to budgeted City funds has been identified.
Attachments:
Ordinance 2091 Update to Accessory Dwelling Unit (ADU)
Standards SR.pdf
Ordinance 2091 Update to ADU Standards Ordinance.pdf
Report compiled on: November 3, 2021
261
Page 1 of 9
21-100 Staff Report for the Update to Accessory Dwelling Unit (ADU)
Standards , Ordinance 2 091
Public Hearings : Zoning Commission meeting was held on Monday, October 25, 2021.
Link : https://bozeman.granicus.com/player/clip/170?view_id=1&redirect=true
City Commission meeting is on Tuesday, November 16, 2021.
Project Description : This proposed text amendment will revise the standards for ground
floor ADUs in all applicable zoning districts by requiring that ground floor ADUs
must either have alley access or a pedestrian connection to a sidewalk or the adjacent
right -of-way. This amendment will also revise the standards for all ADUs by
removing the requirement to provide minimum parking.
Project Location: Applicable City-wide in all areas zoned as R-S, R -1, R -2, R-3, R-4, R-5.
Recommendation: Meets standards for approval.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff re port for application 21-100 and
move to recommend approv al of Ordinance 2091, Update to Accessory Dwelling
Unit Standards Text Amendment.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 21-100 and
move to provisionally adopt Ordinance 2 091, Update on Ground Floor Accessory
Dwelling Units Text Amendment
Report : November 3 , 2021
Staff Contact: Jacob Miller, Associate Planner
Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
None.
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Staff Report for the Update to Accessory Dwelling Unit Standards, Ordinance 2091
Page 2 of 9
Project Summary
It is the goal of the City’s to continually improve the UDC by updating standards to facilitate
housing construction and recognizing the need to evolve as a City that is experiencing
unprecedented growth. Chapter 38, the Unified Development Code, of the Bozeman
Municipal Code provides the zoning standards for development within the City and is
divided into Articles that provide regulations regarding specific aspect of development.
Article 3 states zoning specific land use regulations, including standards related to ground
floor ADUs. This amendment proposes to revise the standards for ground floor ADUs in all
applicable zoning districts by requiring that ground floor ADUs must either have alley access
or a pedestrian connection to a sidewalk or adjacent right-of-way. This amendment will also
revise the standards for all ADUs by removing the requirement to provide a minimum
amount of parking.
The current standards for ground floor ADUs require that they have alley access. It has been
asserted through a submission to the UDC Community Platform that this requirement is
overly restrictive and is likely limiting the construction of ADUs. This requirement was also
identified in the Bozeman Code Audit to Create and Preserve Housing as limiting
construction of ADUs. The Bozeman Community Plan 2020 (BDC 2020) clearly states in
Goal N-1.4 that the City should “Promote development of accessory dwelling units (ADUs)”.
The second part of this amendment which will remove the minimum parking requirement of
one off-street space for ADUs is also supported with Goal N-1.4 and the previously
mentioned code audit. Building off-street parking can be expensive and in some cases not
physically possible due to site constraints. The intent of these updates are to facilitate
construction of ADUs.
There has been one written public comment received as of the writing of this report.
Strategic Plan
4.1 Informed Conversation on Growth
Continue developing an in-depth understanding of how Bozeman is growing and changing
and proactively address change in a balanced and coordinated manner.
b) Develop and Align Infill Policies - Develop, adopt and align city policies for infill
and redevelopment, economic development and public infrastructure.
4.4 Vibrant Downtown, Districts & Centers
Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and
neighborhood centers – including higher densities and intensification of use in these key
areas
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Staff Report for the Update to Accessory Dwelling Unit Standards, Ordinance 2091
Page 3 of 9
Zoning Commission
The Zoning Commission was held on October 25, 2021. Link:
https://bozeman.granicus.com/player/clip/170?view_id=1&redirect=true
Alternatives
1. Provisional adoption of the ordinance;
2. Provisional adoption of the ordinance with modifications to the recommended ordinance;
3. Denial of the ordinance based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Strategic Plan ...................................................................................................................... 2
Zoning Commission ............................................................................................................ 3
Alternatives ......................................................................................................................... 3
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 7
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ................ 7
APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 8
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF .............................. 8
FISCAL EFFECTS ................................................................................................................... 8
ATTACHMENTS ..................................................................................................................... 8
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SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted.
The Zoning Commission held a public hearing on this amendment on October 25, 2021, at 6
p.m. and will forwarded a recommendation of approval to the City Commission on the Zone
Text amendment.
The City Commission will hold a public hearing on the zone map amendment on November
16, 2021, at 6 p.m.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone text amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone text amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The BDC 2020 contains several goals, objectives, and actions that are directly
supportive of these amendments, including promoting housing diversity, promoting
development of ADUs, increasing density in developed areas, and supporting small floor
plans, among others.
“N-1.1 Promote housing diversity, including missing middle housing.”
“N-1.4 Promote development of accessory dwelling units (ADUs).”
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Staff Report for the Update to Accessory Dwelling Unit Standards, Ordinance 2091
Page 5 of 9
“N-1.11 Enable a gradual and predictable increase in density in developed areas over time.”
“N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially
through mechanisms such as density bonuses.”
The proposed edits are intended to make building ADUs easier and less expensive to
construct, and more available to property owners that previously wouldn’t have been able to
build them due to site constraints. Increasing housing, especially smaller scale units, is
supported throughout the BCP 2020 (growth policy).
B. Secure safety from fire and other dangers.
Yes. The City has adopted a variety of standards to address this criterion. These include but
are not limited to the construction standards of the building code, floodplain controls, and
storm water management. The proposed amendments do not modify those standards.
Therefore, the code as a whole continues to satisfy this criterion.
C. Promote public health, public safety, and general welfare.
Yes. Removing regulatory barriers for the development of ADUs will increase the likelihood
that they are constructed and will make it more accessible for homeowners that want to build
them. This can provide the homeowners with additional income as a rental or provide a home
for family members to age in place. Facilitating the construction of more ADUs will also
increase the supply of rental housing which is considered a benefit for the community as a
whole.
D. Facilitate the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements.
Neutral. ADUs are an accessory use and therefore any provision of transportation, water
sewerage, schools, parks and other public requirements would be the result of the principle
use, which generally speaking would be single-household residential developments. ADUs
themselves do not require dedication or construction of any public facilities.
E. Reasonable provision of adequate light and air.
Neutral. The proposed changes will not affect the reasonable provision of adequate light and
air. Setbacks, height limits, and other related standards are not changed with this amendment.
F. The effect on motorized and non-motorized transportation systems.
Yes. ADUs are a moderate form of infill development and are generally built in areas that
have existing motorized and non-motorized transportation systems. They would not require
additional facilities to support their construction and when applied incrementally in an infill
situation are not expected to create capacity overages on existing facilities. New large scale
development will need to consider the additional potential demand from newly available
ADU options during utility and transportation sizing. The removal of the minimum parking
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Staff Report for the Update to Accessory Dwelling Unit Standards, Ordinance 2091
Page 6 of 9
requirement can lead to construction of ADUs that do not have parking spaces for their
unique use. This may cause increased use of on-street parking. The number of such ADUs is
unknown and the impacts cannot be quantified at this time. On-street parking for meeting
parking needs of residential development is explicitly allowed in 38.540.050. The City has
exempted from mitigation of parks and water rights when only one additional home is added
to a site. This exemption also applies to ADUs with or without this amendment. The
expectation is that incremental additions of ADU will have a minimal cumulative impact.
This expectation should be periodically evaluated. If the exemption is used broadly the
cumulative impact may be larger than expected.
G. Promotion of compatible urban growth.
Yes. The proposed changes will promote compatible urban growth by enabling moderate
infill development and gentle increases to density in already developed areas. ADUs are
compatible with and permitted uses in all of the zoning districts identified in this report.
H. Character of the district.
Yes. The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the City's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The affected districts that ADUs can be built on are all residentially zoned districts that
generally have existing developments. ADUs are small in nature, located in the rear of a lot ,
and are subject to existing design and size standards which is expected to mitigate any
compatibility issues that they might incur. The City expects one form of housing to be
compatible in use when adjacent to another form of housing when the City’s standards are met.
I. Peculiar suitability for particular uses.
Neutral. No changes to allowed uses in zoning districts happen with this amendment. ADUs
are already allowed in all of the affected zoning districts.
J. Conserving the value of buildings.
Neutral. This code update only applies to new construction.
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Page 7 of 9
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. ADUs are only allowed in the residentially zoned districts which have been identified in
this report. This amendment does not change where ADUs can be built.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The City has created the UDC Community Platform in which members of the community can
submit ideas for code changes. These submission are evaluated against criteria which are listed
on the webpage and against currently adopted plans and recommendations. The City received a
submission requesting to remove the requirement that ground floor ADUs must have alley access
which would allow for more properties the ability to construct ADUs. Promoting the
development of ADUs is specifically identified as a goal in the BCP 2020 and therefore City
staff found it prudent to include this amendment in the Fall 2021 code updates.
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The City recently underwent a code audit called, “Bozeman Code Audit to Create and Preserve
Housing,” which identified the ADU standards as being overly restrictive and decreased the
chances that they would be constructed. The audit recommended removing the requirement that
ADUs must have alley access and the requirement that ADUs must provide one off-street
parking space. Removing the off-street parking space requirement will decrease the costs of
building ADUs and will make it easier for property owners to build them.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle as required and contained all required elements.
Notice was provided at least 15 days before the Zoning Commission public hearing, and not
more than 45 days prior to the City Commission public hearing. Hearing dates are on the first
page of this report.
One public comment has been received at the writing of this report. The comment applauded
the City’s efforts to increasing housing supply, specifically smaller, more affordable units
which ADUs represent.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Jacob Miller, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2091 – Accessory Dwelling Unit Standards Update
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Page 1 of 5
ORDINANCE NO. 2091
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO TO AMEND THE
REQUIREMENT THAT GROUND FLOOR ACCESSORY DWELLING UNITS MUST
HAVE ALLEY ACCESS BY REQUIRING THAT GROUND FLOOR ACCESSORY
DWELLING UNITS (ADUs) MUST EITHER HAVE ALLEY ACCESS OR A
PEDESTRIAN CONNECTION TO A SIDEWALK OR ADJACENT RIGHT OF WAY
AND REMOVE THE REQUIREMENT TO PROVIDE MINIMUM PARKING FOR ADUs
BY AMENDING 38.360.040 (ADU USE TABLE IN RESIDENTIAL ZONING DISTRICTS)
AND TABLE 38.540.050-1.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, City is committed to reviewing and improving the Unified Development
Code; and
WHEREAS, the City has developed a platform to submit revisions to the Unified
Development Code to improve overall functionality and ease of use; and
WHEREAS, the City is committed to facilitating the construction of new housing by
reviewing and revising zoning requirements; and
WHEREAS, the City received a submission on the UDC Community Platform that
suggested that the alley-access requirement for ADUs is too restrictive; and
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WHEREAS, a recent code audit has identified that removing the parking requirement may
increase the chances of new construction of accessory dwelling units; and
WHEREAS, the Bozeman Community Plan 2020 encourages the construction of
accessory dwelling units and diverse housing types.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That 38.360.040 (ADU Use Table In Residential Zoning Districts), of the Bozeman Municipal Code be amended
as follows with all other portions remaining unchanged:
Occupancy limit 2 persons
Deviations No
# of ADU per lot One
Location ADU's are permitted above accessory buildings and on the ground floor.
Ground floor ADUs require alley access or pedestrian connection to a
sidewalk or the adjacent right-of-way.
Parking requirement In addition to the parking required for the principal residence, one paved
off-street parking space is required for the exclusive use of the ADU. The
parking provided must be located on the lot and may not utilize the on -
street parking provisions of division 38.540 of this chapter. ADUs are not
subject to minimum parking requirements. If parking is provided it must
conform to all applicable standards.
Unit size In no case may an ADU be larger than 600 square feet or have more than
a single bedroom. The method of calculating the maximum ADU square
footage will be "living area" defined as "all floor area exclusive of areas
with a sloped ceiling less than three feet in height, stairwells, and exterior
decks." Bedrooms, living rooms, kitchens, casework, interior walls,
hallways, closets, bathrooms, and any other living space must be included
in the maximum square footage calculation.
Design requirements Detached ADUs, including second story additions on detached garages
may be approved only if found compatible and consistent with the
existing character and fabric of the neighborhood. The review authority
must consider placement and size of windows, decks, balconies, fencing,
landscape screening, and height and massing of the structure to minimize
impacts to adjacent properties.
Height limit Notwithstanding the limitations in section 38.360.030.G, a detached ADU
may exceed the height of the principal building but may not exceed 22
feet in height.
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Garage conversions Garages may not be converted for use as ADUs unless all required parking
for all uses on the lot is otherwise provided prior to conversion. However,
ADUs may be placed above garages except where otherwise noted.
Minimum standards or "no
guarantee"
A permit for an ADU will not be granted unless the lot has been
configured to accept an ADU with adequate lot area, utility services, and
compliance with setbacks and height standards.
Section 2
That Table 38.540.050-1 of the Bozeman Municipal Code be amended as follows with all other
portions remaining unchanged:
Table 38.540.050-1
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Lodginghouse 0.75 spaces per person of approved capacity
Efficiency unit 1.25 (1.0 in R-5)
One-bedroom 1.5 (1.25 in R-5)
Two-bedroom 2 (1.75 in R-5)
Three-bedroom 3 (2.5 in R-5)
Dwellings with more than three bedrooms 4 (3 in R-5)
Group homes and community residential facilities 0.75 spaces per person of approved capacity1
Bed and breakfast 1 space/rental unit
Manufactured home 2
All types of dwellings within the B-3 district 1
Group living /cooperative
household/fraternity/sorority
1 space per resident1
Transitional and emergency housing 0.25 spaces per person of approved capacity1, 2
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
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Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall be codified as indicated in Sections 1-2.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___ day of ________, 20__.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is ______________, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
275
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT:Ordinance 2089 Provisional Adoption Amending Chapter 38 Unified
Development Code to for Subdivision Review Procedures And Associated
Development Standards Update Text Amendment to Conform to Amended
State Law and Improve Processes, Application 21338
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public
comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21338, and move to
provisionally adopt Ordinance 2089.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The State Legislature passed six amendments to the Subdivision and Platting
Act in the 2021 legislative session. The City is required to have regulations to
review subdivisions. Those regulations must conform to state law. The City
must update its regulations accordingly. These amendments change the way
the City reviews subdivisions. The amendments are written to balance of
interests between right to know and participate, property rights and
responsibilities, and the other directives of the state laws. In support of
additional efforts to support housing creation, the amendments have been
drafted to remove information deemed unnecessary as data availability has
increased through online tools, clarify the subdivision review process, and
take advantage of state authorized reductions in review criteria and
processes. Because the City has adopted unified standards that apply to both
subdivision and zoning based development review the Zoning Commission
also participated in review.
Two versions of the proposed ordinance are included. The first in order is
the official draft upon which the City Commission will vote. The 2nd is the
exact same text but includes colored text editing marks and commentary to
help the reader understand what has been added and subtracted and for
what reasons.
276
UNRESOLVED ISSUES:None.
ALTERNATIVES:See attached staff report.
FISCAL EFFECTS:None.
Attachments:
21338 CC Staff Report.pdf
Revised Text for Subdivision Process - Provisional Adoption
draft 11-1-2021.pdf
Revised Text for Subdivision Process - Color Markup
Provisional Adoption draft 11-1-2021.pdf
Report compiled on: November 4, 2021
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21338 Staff Report for the Subdivision Review Procedures Update Text
Amendment, Ordinance 2089
Public Hearings:
Planning Board – October 18, 2021.
Zoning Commission – October 25, 2021.
City Commission – November 16, 2021.
Project Description: Update the City of Bozeman (City) regulations for review of
subdivisions to conform to the Montana Subdivision and Platting Act, recently
updated by the State Legislature. See Appendix A for the detailed description.
Project Location: Revision to the text is applicable City-wide.
Recommendation: Meets standards for approval.
Planning Board Motion: Having reviewed and considered the staff report, draft ordinance,
public comment, and all information presented, I hereby adopt except as provided
below the findings presented in the staff report for application 21338. I dissent from
the finding that the proposed amendments are wholly in accordance with the growth
policy in as much as they terminate the City's inclusionary housing ordinance. I find
that this termination is inconsistent with the City's adopted growth policy in
particular goal N-1.1 which states an objective of the policy is to "promote housing
diversity" I nonetheless move to recommend approval of Ordinance 2089..
Zoning Commission Motion: Having reviewed and considered the staff report, draft
ordinance, public comment, and all information presented, I hereby adopt the
findings presented in the staff report for application 21338 and move to recommend
approval of Ordinance 2089.
Recommended City Commission Recommended Motion: Having reviewed and
considered the staff report, draft ordinance, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application
21338, and move to provisionally adopt Ordinance 2089.
Report: November 4, 2021
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
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EXECUTIVE SUMMARY
This report is based on the analysis of required elements of state law regarding subdivision
review and public comment received to date.
Unresolved Issues
None.
Project Summary
These amendments change the way the City reviews subdivisions. The City is required to
have regulations to review subdivisions. Those regulations must conform to state law. The
State Legislature made multiple amendments to the Subdivision and Platting Act in 2021.
Therefore, the City must update its regulations accordingly.
The amendments have been drafted to strike a balance of interests between right to know and
participate, property rights and responsibilities, and the directives of the revised state laws. In
support of additional efforts to support housing creation, the amendments have been drafted
to remove information deemed unnecessary as data availability has increased through online
tools, clarify the subdivision review process, and take advantage of state authorized
reductions in review criteria and processes.
Some elements of the amendments also affect projects reviewed through zoning processes.
See Appendix A for a summary of the amendments and the attached draft Ordinance 2089
for the exact proposed text. These amendments are applicable across the entire city.
The text of the ordinance was updated after the Planning Board and Zoning Commission
public hearings to address continued review of the statutes and draft ordinance language.
Two versions of the draft ordinance are attached. The formal draft all in black text and a
color markup draft including comment bubbles to help the reader identify location and nature
of changes.
Strategic Plan
4.1 Informed Conversation on Growth
Continue developing an in-depth understanding of how Bozeman is growing and
changing and proactively address change in a balanced and coordinated manner.
4.2 High Quality Urban Approach
Continue to support high-quality planning, ranging from building design to neighborhood
layouts, while pursuing urban approaches to issues such as multimodal transportation,
infill, density, connected trails and parks, and walkable neighborhoods.
4.3 Strategic Infrastructure Choices
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Prioritize long-term investment and maintenance for existing and new infrastructure.
Planning Board
The Bozeman Planning Board held a public hearing on October 18, 2021 at 6:00 p.m. using
WebEx. The Planning Board has a specific statutory responsibility to consider subdivisions
and subdivision regulations and will be considering all the components of draft ordinance
2089. The video recording and draft minutes of the meeting are available online at
https://bozeman.granicus.com/player/clip/167?view_id=1&redirect=true.
No public comments were submitted regarding the proposed ordinance 2089. The Planning
Board discussion focused on changes to notice and impact on participation, differences
between the various subdivision processes, the complexity of the overall issues, and need to
conform to state law.
The Planning Board voted 6-0 to recommend approval with an amended motion noting that
the proposed ordinance did not comply with Objective N-1.1 of the Bozeman Community
Plan 2020 regarding diversity of housing due to the state prohibiting application of 38.380
regarding affordable housing.
Zoning Commission
The Bozeman Zoning Commission held a public hearing on October 25, 2021 at 6:00 p.m.
using WebEx. The scope of the Zoning Commission review is more limited for this
amendment and specifically focuses on Sections 3-5, 10, 11, and 22-24 of Ordinance 2089.
The video recording and draft minutes of the meeting are available online at
https://bozeman.granicus.com/player/clip/170?view_id=1&redirect=true.
No public comment was received at the Zoning Commission public hearing. The Zoning
Commission voted 5-0 in favor of recommendation of approval.
Alternatives
1. Deny the ordinance based on findings of non-compliance with the applicable criteria
contained within the staff report;
2. Adopt the ordinance with directed amendments; or
3. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Strategic Plan ...................................................................................................................... 2
Planning Board.................................................................................................................... 3
Zoning Commission ............................................................................................................ 3
Alternatives ......................................................................................................................... 3
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) .............. 5
Section 76-3-102, MCA (Subdivision Purposes)................................................................ 7
Section 76-3-501, MCA (Subdivision Purposes)................................................................ 9
SECTION 6 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS..................... 11
Spot Zoning Criteria ......................................................................................................... 14
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 14
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 15
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 17
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 17
FISCAL EFFECTS ................................................................................................................. 17
ATTACHMENTS ................................................................................................................... 17
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff recommends approval
as proposed.
The Planning Board held a public hearing on these amendments on October 18, 2021.
The Zoning Commission held a public hearing on these amendments on October 25, 2021.
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The City Commission will hold a public hearing on the text amendment on November 16, 2021
at 6:00 p.m.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria. As an amendment is a legislative action, the
Commission has broad latitude to determine a policy direction but must be consistent with the
criteria.
The existing development review processes and standards were previously found to satisfy all of
the following criteria during earlier reviews. The focus of this report is only on the amendments
proposed. Where a finding of Neutral is presented it represents that the criteria is either not
applicable to the proposed amendments or that the change does not materially advance or detract
from compliance. Therefore, a finding of Neutral is not an indication of a deficiency in the
proposed amendments or the existing standards.
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations)
1. Subdivision regulations adopted after a growth policy has been adopted must be
made in accordance with the growth policy.
Criterion met. The proposed amendments are made in accordance with the adopted growth
policy - the Bozeman Community Plan 2020 (BCP 2020). No conflicts with the goals and
objectives of the Bozeman Community Plan have been identified.
State law requires a growth policy to describe how the community will consider the primary
review criteria of 76-3-608(3) for subdivision review. This is on pages 68-70 of the BCP
2020. Agricultural uses are generally expected to transition out with conversion to urban
uses. This makes some water user facilities unnecessary with development and those can be
removed using the proper procedures. However, some agricultural water user facilities will
continue to operate in the short and long term and must be protected and maintained. Water
may be carried many miles from the diversion point to its place of use. Therefore, the
impacts of development on agricultural water user facilities and water rights may be far away
from where the water is put to use. Ditch and water right owners have property rights in
agricultural water user facilities and statutory rights to protect those property rights. The BCP
2020 recognizes this and calls for protection of such rights.
Theme 7 of Chapter 2 addresses cooperation and coordination with other agencies. It calls for
several actions including
RC-1.5 Implement the Triangle Community Plan in coordination between Bozeman,
Belgrade, and Gallatin County.
Several policies of the Triangle Community Plan address ditches including but not limited to:
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POLICY 4.9.2 Rights of way and easements associated with the ditches and canals must
be recognized and protected.
POLICY 4.9.7 Encourage coordination between developers and ditch owners to minimize
or eliminate the number of times irrigation infrastructure must be crossed.
POLICY 4.9.8 Refine development review processes to provide for oversight after
approval and throughout construction in coordination with adjacent ditch or canal
company to ensure the standards are met.
Section 4.9 – Ditches and Canals, of the Triangle Community Plan presents a shared
priority to protect ditches and canals when appropriate to support the continued
functionality of the facilities. These facilities are an essential element of the agricultural
heritage of the community which is an important part of community identity and
character.
POLICY 4.9.13 Use subdivision review regulations to recognize and protect rights of
way and maintenance easement rights for irrigation ditches and canals.
BCP 2020 - RC-3.6 Develop shared information on development processes.
The revisions to the code in Section 22 and 24 of the ordinance addressing ditches is
coordinated with the requirements of Gallatin County to provide consistency across
jurisdictional boundaries, ensure that those holding water rights or ownership of agricultural
water user facilities are included in the subdivision review process, and supports compliance
with state law regarding ditches and other agricultural water user facilities. The Association
of Gallatin Agricultural Irrigators was notified of this amendment process and invited to
comment and participate in the process.
R-1.1 Be reflective: use past experience to inform future decisions.
The City processes many subdivision applications each year. The experience with those
applications has guided clarifications and other improvements included in these amendments.
R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to
changing circumstances.
The City is responsive in these amendments to changing state laws, evolution in land use and
how it affects and is affected by agricultural water user facilities, and changing methods to
receive and distribute information.
At the Planning Board public hearing, the Board found that Objective N-1.1 was not met
with the ordinance.
N-1.1 Promote housing diversity, including missing middle housing.
They found that the state prohibition enacted by House Bill 259 which blocks use of Section
38.380 of the municipal code for affordable housing by the 2021 Montana Legislature caused
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the ordinance’s provisions removing requirements for affordable housing to be contrary to
the stated Objective from the growth policy.
Section 76-3-102, MCA (Subdivision Purposes)
2. Promote the public health, safety, and general welfare by regulating the
subdivision of land.
Criterion is met. The proposed regulations promote the public health, safety, and general
welfare by requiring compliance with the Montana Subdivision and Platting Act. The City’s
adopted standards for land development which apply to the subdivision process ensure
adequate emergency services, access to utilities, and other features which support this
criterion.
Further, the proposed edits continue to provide for installation of infrastructure necessary for
public health and safety, such as sanitary sewer, water, stormwater, streets and sidewalks in
conjunction with development of commercial and residential projects. The regulations
require identification and avoidance of development of land where it is not suitable.
Section 76-3-501 MCA requires the City to create and adopt subdivision regulations. Section
76-3-504 identifies what must be included in those regulations. Numerous sections of state
law relating to subdivisions were amended by the Legislature in the 2021 session. The City is
updating its regulations in response to those changes. All the proposed edits in draft
Ordinance 2089 are implementing improvements to the subdivision related processes and
standards. Some standards apply to both subdivision and zoning authority based land
development.
The City has received applications for 47 preliminary plats and 53 final plats in the past five
years. The City is using its extensive experience in subdivision review to make
improvements to the subdivision process locally in addition to the state required changes
through these amendments. See also Zoning Criteria B and C. The criterion is met.
3. Prevent the overcrowding of land.
Neutral. Overcrowding is the condition arising from more intensity of use than the property
and infrastructure is capable of supporting. T\he proposed regulations do not address the
underlying analysis of whether a proposed land use is the appropriate intensity of use. The
City’s standards regarding appropriate intensity of use are established through the City’s
zoning districts which are not changed with these amendments. The necessary infrastructure
to support development must still be provided in a timely manner and in sufficient quantity to
address needs of the development. Section 8 of the ordinance requires demonstration of
compliance with standards including the infrastructure needed to prevent overcrowding.
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4. Lessen congestion in the streets and highways.
Neutral. The proposed amendments do not change the existing standards which address this
criterion. Adequate information to demonstrate compliance with adopted standards must still
be presented as part of application submittals. The City’s transportation master plan and
implementing capital improvements program address needed expansions and improvements.
Local improvements will continue to be required for individual subdivisions as currently is
required.
5. Provide adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements.
Yes. The existing regulations set forth process and standards by which a development
ensures required water supply, sanitary sewer, streets, stormwater, parks, etc. are provided.
Compliance with those requirements is required as part of the submittal requirements for
subdivision application. Construction follows approval of a preliminary plat and generally is
completed before the final plat is approved.
The standards for agricultural water user facilities (e.g. ditches) are being updated.
Agricultural water user facilities are often located adjacent to streets or cross parks. Contact,
consultation, and coordination with the water right and agricultural water user facility owners
avoids conflicts and ensures minimal impact to both agricultural water user facilities and
other infrastructure.
The regulations have no impact on providing adequate light and air. See also Zoning Criteria
D and E. The criterion is met.
6. Require development in harmony with the natural environment.
Neutral. The proposed amendments do not specifically address this issue. The existing
standards for protection of water courses, wetlands, etc. are not modified. Revisions are made
to data submittal requirements. As more information becomes readily available online on
demand the specific information for an individual application can become more focused on
essential material unique to that site. The proposed amendments do reduce required
information to be submitted with individual subdivision applications. Due to the increased
general availability of information, the reduction in application specific submittal material
will not negatively affect this criterion.
7. Protect the rights of property owners.
Criterion is met. Article 2, Section 3 of the Montana Constitution recognizes that land owners
have both property rights and associated responsibilities. The proposed amendments protect
the rights of property owners by providing a uniform process and standards for subdivisions
which is consistent with state law.
The owners of water rights and agricultural water user facilities have property rights in those
items. The revised provisions for water rights and agricultural water user facilities in the
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newly proposed Section 38.360.280 and revised 38.410.060 ensures that affected persons are
contacted and have an opportunity to participate in the review process to protect their
property interests. This section completes the necessary regulatory elements in generally
applicable standards to address the primary review criteria for subdivisions.
8. Require uniform monumentation of land subdivisions and transferring interests
in real property by reference to a plat or certificate of survey.
Neutral. The proposed amendments do not alter the standards previously found adequate to
address this requirement.
Section 76-3-501, MCA (Subdivision Purposes)
This section requires local governments to adopt regulations that reasonably provide for:
9. Orderly development within the jurisdictional area.
Criterion is met. Section 76-3-616 and Section 1 of Senate Bill 161 (soon to be published as
76-3-623) both share the premise that if generally applicable regulations are in effect, often
established through zoning, then review of a subdivision should primarily focus on
compliance with the established regulations. The City has over time established standards
addressing most of the subdivision primary review criteria created in 76-3-608 MCA. The
proposed amendments do not modify the standards for layout of parks, streets, or other
elements of order. The amendments are primarily focused on review processes. Additional
standards are being created for water rights and agricultural water user facilities and
coordination with owners, see ordinance section 22 and 24. These additional standards will
further support orderly development through early contact with affected parties and
providing opportunities to avoid or address conflicts earlier in the review process.
10. Coordination of roads within subdivided land with other roads, both existing
and planned.
Neutral. The proposed amendments do not alter the existing standards or planned locations
for road placement or expansion. New subdivisions will continue to be required to coordinate
the development of roads servicing the development with the overall street grid of the City,
both existing and planned. See also Zoning Criterion F.
11. Dedication of land for roadways and for public utility easements.
Neutral. The proposed amendments do not alter the existing standards for the width or
planned locations for road placement or expansion. New subdivisions will continue to be
required to coordinate the development of roads servicing the development with the overall
street grid of the City, both existing and planned. Configuration of easements for public
utilities such as water or sewer are not changing. Sections 16 and 17 among other sections
amends the certificates which are included on final plats. These certificates are an important
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part of documenting and completion of dedications of land and easements for roads and
public utilities. See also Zoning Criterion F
12. Improvement of roads.
Neutral. The proposed amendments do not alter the existing standards for road
improvements New subdivisions will continue to be required to coordinate the development
of roads servicing the development with the overall street grid of the City, both existing and
planned. Most detailed construction standards are now and will continue to be included in the
Design and Specifications created by the Engineering Division. See also Zoning Criterion F
13. Provision of adequate open spaces for travel, light, air and recreation.
Criteria is met. The regulations simplify the review process for public parks. Additional
responsibilities are being delegated from City Commission to the Director of Parks. This is
expected to shorten review and approval times for the delegated duties, such as approval of
final park plans. The amendments also move certain review responsibilities from the
Recreation and Parks Advisory Board to the Parks Department staff. This is consistent with
the recent restructuring of advisory boards and an increased focus on policy development
rather than operational activities. Sections 25-27 of the proposed ordinance enact these
transfers of responsibility. See Ordinance 2089 for revisions.
Standards for lights and air are generally established by the Building Code and Zoning
regulations for individual lots. No changes are proposed affecting the amount of land to be
set aside for public parks.
14. Adequate transportation, water and drainage.
Neutral. City standards for the referenced infrastructure is unchanged by the proposed
amendments. See comments in Subdivision Criteria 10-13. See also Zoning Criteria D and
F.
15. Regulation of sanitary facilities, subject to section 76-3-511, MCA.
Neutral. The proposed amendments do not modify the regulations in place to ensure
adequate sanitary facilities to serve the development are installed in accordance with City
standards. The City has not established standards greater than state regulations or guidelines
that would be affected by 76-3-511. See also Zoning Criterion D.
16. Avoidance or minimization of congestion.
Neutral. See responses to Criterion 3 and 4, and 10-14 above. As noted above, the proposed
amendments are primarily focused on the process to review subdivision applications. These
processes do not in themselves address this criterion.
17. Avoidance of subdivision which would involve unnecessary environmental
degradation and the avoidance of danger or injury to health, safety, or welfare by
reason of natural hazard or the lack of water, drainage, access, transportation, or other
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public services or would necessitate an excessive expenditure of public funds for the
supply of such services.
Criterion is met. The proposed regulation ensures that adequate water, drainage, street
system, sidewalks, and other necessary infrastructure will be installed to City standards. The
expanded requirements relating to water rights and agricultural water user facilities helps
avoid unintentional flooding caused by removal or damage to the ditch system. Such flooding
can be widespread. Some ditches also serve as stormwater channels and if damaged can
interfere with proper drainage of developed and undeveloped areas.
See also Zoning Criteria A, D, and F. The criterion is met.
SECTION 6 - ZONE AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
The existing development review processes and standards were previously found to satisfy
all of the following criteria during earlier reviews. The focus of this report is only on the
amendments proposed. Where a finding of Neutral is presented it represents that the criteria
is either not applicable to the proposed amendments or that the change does not materially
advance or detract from compliance. Therefore, a finding of Neutral is not an indication of a
deficiency in the proposed amendments or the existing standards.
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Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion is met. State law requires a growth policy to describe how the community will
consider the primary review criteria of 76-3-608(3) for subdivision review. This is on pages
68-70 of the BCP 2020. Agricultural uses are generally expected to transition out with
conversion to urban uses. This makes some agricultural water user facilities unnecessary.
However, some will continue to operate and need to be protected and maintained.
Agricultural water user facilities and water owners have property rights in agricultural water
user facilities and statutory rights to protect those property rights. The BCP 2020 recognizes
this and calls for protection of such rights.
The proposed amendments in Sections 22 and 24 of the ordinance propose specific language
to address the protection and coordination with the owners and beneficiaries of ditches and
water rights. The proposed standards are applicable to both subdivision and zoning based
review processes. See also the discussion in Subdivision Criterion 1 above.
B. Secure safety from fire and other dangers.
Criterion is met. As noted in Criteria A and 17 above, the City expects the improved
coordination with water right holders and agricultural water user facilities owners to improve
safety. The other standards already in place for fire and other protection remain in place and
will continue to protect the public.
C. Promote public health, public safety, and general welfare.
Criterion is met. The existing standards addressing this criterion remain in place. See also
responses to Criteria A, B, 2, 5, 14, and 17 above.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Criterion is met. The City conducts extensive planning for municipal transportation, water,
sewer, parks, and other facilities and services provided by the City. The adopted plans allow
the City to consider existing conditions and identify enhancements needed to provide
additional service needed by new development. The City implements these plans through its
capital improvements program that identifies individual projects, project construction
scheduling, and financing of construction. As stated in the subdivision review criteria above,
the existing standards regarding provision of infrastructure for these services will not change.
The focus of the amendments is primarily on subdivision review processes. These include
improvements on the process for submitting park related information and approval of park
plans. Mitigation of impacts of new development on parks and recreation is required in MCA
76-3-621.
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E. Reasonable provision of adequate light and air.
Neutral. The proposed amendments do not alter existing standards for setbacks, open space,
park dedication, or other related issues. The standards previously adopted to address this
criterion remain in place.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The City conducts extensive planning for municipal transportation, trails, and parks
related to this criterion and services provided by the City. The adopted plans allow the City
to consider existing conditions and identify enhancements needed to provide additional
service needed by new development. The proposed amendments do not alter these plans or
associated standards. The subdivision process does require applicants to demonstrate
compliance with the adopted standards. Therefore, the impacts on transportation should be
minimal from these amendments.
G. Promotion of compatible urban growth.
Criterion is met. As the City expands it interacts with adjacent agricultural uses. Agricultural
operations are often dependent on irrigation and most irrigation in the area is provided by
ditches. The proposed amendments in Sections 22 and 24, as discussed above, protect the
interests of irrigators and water right holders. There are also adopted provisions to support
the removal of ditches when they no longer are required thereby avoiding conflicts with new
construction.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. Other standards addressing compatibility are not being modified
through these amendments. Compliance with City standards is generally considered adequate
to avoid negative impacts of development.
H. Character of the district.
Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the
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purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the text and not the zoning map. The amended text is affecting review
procedures for subdivision. Therefore, no element of this amendment modifies the standards
of any zoning district. The character of the districts as created by those standards remains
intact. The zoning related elements in Sections 3-5, 10, 11, and 22-24 of Ordinance 2089
address review processes or standards for agricultural water user facilities that will not modify
the character of districts.
I. Peculiar suitability for particular uses.
Neutral. The proposed amendments are not changing the zoning map or the uses allowed
within zoning districts. Therefore, no detailed analysis regarding this criterion can be
performed. The analysis as required in Subdivision Criterion 17 remains in place and will be
performed with each subdivision. This existing process will address this criterion.
J. Conserving the value of buildings.
Neutral. The proposed amendments are not changing the zoning map or the uses allowed
within zoning districts. No standard is being created which will reduce allowed building
areas or otherwise restrict the development capacity of a specific property.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Neutral. The zoning map and future land use map of the growth policy identify areas where
specific uses are generally appropriate. However, both occur at a coarse level of detail and do
not authorize construction. The subdivision review process provides more detailed analysis
and documentation that the uses authorized by the zoning can actually be supported with
existing or expanded infrastructure. The amendments do not change this outcome.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
proposed amendments do not alter the zoning map in any way. Therefore, no analysis of spot
zoning criteria is provided.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
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The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The City is required to adopt regulations to review the subdivision of land. The subdivision
process sets the essential framework of a community with streets, parks, and lots being laid out.
These decisions have impacts measured in centuries as well as affecting the community in the
near term.
The laws of the State of Montana place many requirements on what must be included in
subdivision regulations. Restricted time frames for review, noticing to the public, protection of
property rights, public safety, and many other subjects are addressed. The 2021 Legislature
passed six bills modifying the subdivision review process. The City must update its regulations
accordingly.
A broad theme in recent legislative actions is that if an issue can be addressed through a
generally applicable rule, such as zoning, that is preferred over many site specific analyses
unique to an individual subdivision regulation. The City adopted a Unified Development Code in
2003 to accomplish coordination and lessen the complexity inherent in the very complex issues
and requirements of land development. Many standards apply to both subdivision and zoning
based review processes. The proposed amendments continue this process. Some elements of this
amendment package apply to both zoning and subdivision project reviews.
Specific edits with these amendments are:
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1. The City is removing language which simply repeats state law in local ordinance.
Instead, a reference to the applicable state law is provided instead. This shortens text
length, and ensures that review of requirements is always directly linked to the most
current state requirements.
2. The City is updating references to state law and local ordinances which have
changed since the prior code amendments.
3. The City is clarifying who bears the responsibility to demonstrate compliance with
adopted standards, when that compliance must be shown, and by whom.
4. The delegation of some current City Commission steps in review processes to
specified staff positions. This is expected to reduce review time, ensure the agencies
most affected by decisions are participating in the decisions, and strengthen
consistency with other review processes. An example is the Director of Parks and
Recreation having responsibility to approve finalized park plans.
5. Updating submittal requirements for subdivisions to remove unneeded information
from individual applications as new information sources have become available, limit
information supplied to that most relevant to the subdivision process, and ensure all
needed information is provided.
6. Updating public notice provisions to conform to changed requirements for
subdivision review processes. Due to the changes in state law and the local
ordinances there will be fewer public hearings on subdivisions. The change from
public hearings to public meetings changes how notices are published and the timing
for notices. Depending on the specific review procedure, the duration of notice may
be the same as at present or may be reduced. However, there will still be
opportunities for public notice and comment on subdivisions.
7. Changing the subdivision preliminary plat review process to meet revised state
laws for expedited subdivision review and newly applicable review processes. These
revisions change the review process to rely more on compliance with generally
applicable regulations rather than project specific conditions of approval, changes
most public hearings to public meetings, and shortens review time for some
subdivisions. The Planning Board will likely no longer conduct any public hearings
on subdivisions. Some review processes for subdivisions will be shortened.
8. Updating required certificates for final plats for additional clarity and revisions for
City signatories.
9. Revised process and standards for agricultural water user facilities (e.g. ditches and
canals). This amendment enables the City to invoke 76-3-616 MCA which simplifies
the subdivision review process by providing for all subdivision primary review
criteria to be addressed with generally applicable regulations.
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APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle as required and contained all required elements.
Notice was provided at least 15 days before the Planning Board public hearing, and not more
than 45 days prior to the City Commission public hearing. Notice was published in the
Bozeman Daily Chronicle on 10/3/2021, 10/10/2021, 10/17/2021, and 11/7/2021. The City
exceeded the required notice provision. Hearing dates are on the first page of this report.
Public hearings were held by the Planning Board and Zoning Commission as noted above.
No oral or written public comment has been received as of the writing of this report.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2089
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ORDINANCE 2089
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTION 38.100.040 INTENT AND PURPOSE OF CHAPTER
TO REFERENCE STATE LAW, AMENDING SECTION 38.100.070 CONDITIONS OF
APPROVAL TO CLARIFY WHEN CONDITIONS OF APPROVAL APPLY, AMENDING
SECTION 38.100.080 COMPLIANCE WITH REGULATIONS REQUIRED TO CLARIFY
OBLIGATIONS, AMENDING SECTION 38.200.010 REVIEW AUTHORITY TO
UPDATE RESPONSIBILITIES FOR REVIEW OF DEVELOPMENT ACTIONS,
AMENDING SECTION 38.220.030 SUBDIVISION PRE-APPLICATION PLAN TO
REVISE SUBMITTAL MATERIALS FOR SUDIVISION PRE-APPLICATIONS,
AMENDING SECTION 38.220.040 SUBDIVISION PRELIMINARY PLAT TO REVISE
SUBMITTAL MATERIALS FOR SUBDIVISION PRELIMINARY PLATS AND
DELETING AND RESERVING SECTION HEADER 38.240.050, AMENDING SECTION
38.220.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS TO
CHANGE TITLE AND REVISE REQUIRED MATERIAL FOR SUBMISSION,
AMENDING SECTION 38.220.070 FINAL PLAT TO REVISE APPLICATION
MATERIALS TO BE SUBMITTED WITH A FINAL PLAT, AMENDING DIVISION
38.220 PART 2 TO REVISE THE SUBMITTAL AND REVIEW OF SUPPLEMENTARY
DOCUMENTS, AMENDING SECTION 38.220.420 NOTICE REQUIREMENTS FOR
APPLICATION PROCESSING TO REMOVE FOOTNOTES, REVISE NOTICING
PROCEDURES FOR SUBDIVISIONS, AMENDING DIVISION 38.240 PART ONE TO
INCORPORATE STATE LAW REFERENCES, AMENDING DIVISION 38.240 PART 2
TO REVISE REVIEW PROCEDURES TO COMPLY WITH REVISIONS TO STATE
LAW AND REORGANIZE FOR CLARITY, AMENDING DIVISION 38.240 PART 3
LAND SUBDIVISIONS CREATED BY RENT OR LEASE TO REMOVE LANGUAGE NO
LONGER REQUIRED IN STATUTE, AMENDING SECTION 38.240.300 DIVISIONS OF
LAND ENTIRELY EXEMPT FROM THE REQUIREMENTS OF THIS CHAPTER
PERTAINING TO SUBDIVISIONS AND THE STATE SUBDIVISION AND PLATTING
ACT TO INCLUDE NEW STATE RESTRICTION ON COURT ORDERED DIVISIONS
OF LAND, AMENDING SECTION 38.240.410 TO CLARIFY WHEN CERTIFICATE OF
DEDICATION OR CONSENT ARE USED WITH A FINAL PLAT, AMENDING
SECTION 38.240.450 TO CHANGE THE SIGNATORY ON THE CERTIFICATE OF
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COMPLETION OF IMPROVEMENTS TO THE CITY ENGINEER, AMENDING
SECTION 38.240.460 TO CLARIFY THE INTENT AND SIGNATORY FOR THE
CERTIFICATE ACCEPTING DEDICATIONS TO THE CITY, AMENDING SECTION
38.240.470 TO REVISE THE SIGNATORY FOR THE CERTIFICATE
ACKNOWLEDGING EXCLUSION FROM REVIEW FOR SANTIATION, AMENDING
SECTION 38.240.500 TO CLARIFY THE CERTIFICATE FOR USE OF THE
CERTIFICATE FOR EXEMPTION FOR CERTAIN APPLICATIONS FROM REVIEW
AS A SUBDIVISION, AMENDING SECTION 38.240.530 TO REVISE THE SIGNATORY
FOR THE CITY ON THE CERTIFICATE, CREATE SECTION 38.240.540
CERTIFICATE OF GOVERNING BODY FOR APPROVAL OF A SUBDIVISION PLAT,
AMENDING SECTION 38.250.080 SUBDIVISION VARIANCES TO CLARIFY THAT A
PUBLIC HEARING IS NOT HELD ON SUBDIVISION VARIANCES, CREATE
SECTION 38.360.280 AGRICULTURAL WATER USER FACILITIES, AMENDING
SECTION 38.400.020 TO REVISE CROSS REFERENCE, AMENDING SECTION
38.410.060 TO REVISE REQUIREMENTS FOR AGRICULTURAL WATER USER
FACILITIES, AMENDING SECTION 38.410.020 TO REVISE REVIEW PROCESS FOR
NEIGHBORHOOD CENTERS, AMENDING SECTION 38.420.050 TO REVISE REVIEW
PROCESS FOR SITING PARKS, AMENDING SECTION 38.420.080 TO REVISE
REVIEW PROCESS FOR DETERMINATION OF PARK CHARACTERISTICTS
PROPOSED WITH NEW DEVELOMPENT; AND PROVIDING AN EFFECTIVE DATE,
APPLICATION 21338.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, after proper notice, the Bozeman Planning Board held a public hearing on
October 18, 2021 to receive and review all written and oral testimony on the proposed
amendments; and
WHEREAS, the Bozeman Planning Board recommended to the Bozeman City
Commission that application No. 21338, be approved as proposed; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on October 25, 2021 to receive and review all written and oral testimony on the proposed
amendments; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 21338, be approved as proposed; and
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WHEREAS, after proper notice, the City Commission held its public hearing on
November 16, 2021, to receive and review all written and oral testimony on the proposed
amendment to the subdivision regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated §§ 76-3-102 and 76-3-501, and found
that the proposed amendments would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City has adopted land development and use standards to protect public health,
safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102,
76-2-304, 76-3-102, and 76-3-501.
2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020),
by Resolution 5133 to establish policies for development of the community.
3. Zoning and subdivision regulations must be in accordance with the adopted growth
policy.
4. The 2021 Montana Legislature passed multiple bills revising the requirements for the
subdivision review process.
5. The City of Bozeman restructured its advisory boards on August 10, 2021 assigning
duties and consolidating responsibilities to improve public engagement, consistency of process,
and effectiveness and such advisory boards are referenced in the subdivision related regulations
and therefore the regulations need to be updated to reflect the new boards structure.
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6. A staff report analyzing the required criteria for an amendment to the City’s
regulations for subdivision review, including accordance to the Bozeman Community Plan 2020,
and required contents for local subdivision regulations has found that the required criteria of
Montana Code Annotated §§ 76-1-606, 76-3-102, and 76-3-501 are satisfied.
7. A staff report analyzing the required criteria for an amendment to the City’s
regulations for zoning review, including accordance to the Bozeman Community Plan 2020, and
required criteria for zoning regulations has found that the required criteria of Montana Code
Annotated §§ 76-1-304 are satisfied.
8. The required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the applicable materials and provide
comment.
9. The City Commission considered the application materials, staff analysis and report,
Planning Board recommendation, Zoning Commission recommendation, all submitted public
comment, and all other relevant information.
10. The City Commission determines that, as set forth in the staff report and
incorporating the staff findings as part of their decision, the required criteria for approval of this
ordinance have been satisfied.
11. The City Commission determines that the ordinance provides a proper balance of
interests, rights, and responsibilities of all parties affected by the ordinance.
12 The City Commission determines that the zoning provisions of Chapter 38, Unified
Development Code, contain all necessary elements of MCA 76-8-107, and therefore the state
provisions for Buildings for Lease or Rent are not applicable per MCA 76-8-103.
13. The City Commission determines that the adopted growth policy, Bozeman
Community Plan 2020, and the zoning provisions of Chapter 38, Unified Development Code,
contain all necessary elements to meet the requirements of MCA 76-3-616, and therefore
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subdivisions not including zoning variances are exempt from public hearings and therefore the
noticing provisions for subdivisions require revision.
13. The City Commission determines that MCA 76-3-623 establishes new procedural
requirements for certain subdivisions which must be incorporated into local subdivision review
procedures.
Section 2
That Section 38.100.040 of the Bozeman Municipal Code be amended as follows:
Sec. 38.100.040. Intent and purpose of chapter.
A. The intent of this unified development chapter is to protect the public health, safety and
general welfare; to recognize and balance the various rights and responsibilities relating to
land ownership, use, and development identified in the United States and State of Montana
constitutions, and statutory and common law; to implement the city's adopted growth
policy; and to meet the requirements of state law.
B. It is the purpose of these regulations to promote the public health, safety and general
welfare, including the purposes for subdivision and zoning in MCA 76-1-102, 76-1-606, 76-
2-304, 76-3-102, and 76-3-501 as may be amended from time to time. Further, it is the
purpose of these regulations to exercise to the fullest extent the authority of the City’s
Charter, utility, and all other powers. by: preventing the creation of private or public
nuisances caused by noncompliance with the standards and procedures of this chapter;
regulating the subdivision, development and use of land; preventing the overcrowding of
land; lessening congestion in the streets and highways; being in accord with the growth
policy; providing adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements; requiring development in
harmony with the natural environment; promoting preservation of open space; promoting
development approaches that minimize costs to local citizens and that promote the effective
and efficient provision of public services; securing safety from fire, panic, and other
dangers; protecting the rights of property owners'; requiring uniform monumentation of land
subdivisions and transferring interests in real property by reference to a plat or certificate of
survey (MCA 76-3-102).
It is further the purpose of these regulations to: consider the character of the district and its
peculiar suitability for particular uses, conserving the value of buildings, and encouraging the
most appropriate use of land throughout the jurisdictional area (MCA 76-2-304).
C. Further, to support the purposes of MCA 76-2-304 and 76-3-102, these regulations are
intended to promote and to provide for the:
1. Orderly development of the city;
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2. Coordination of streets within subdivided land with other streets and roads, both
existing and planned;
3. Dedication of land for streets and roadways and for public utility easements;
4. Improvement of streets;
5. Adequate open spaces for travel, light, air and recreation;
6. Adequate transportation, water, drainage and sanitary facilities;
7. Minimization of unnecessary congestion;
8. Avoidance of unnecessary environmental degradation;
9. Encouragement of subdivision development in harmony with the natural environment;
10. Avoidance of danger or injury to health, safety or general welfare by reason of natural
hazard or the lack of water, sewer, drainage, access, transportation or other public
services;
11. Avoidance of excessive expenditure of public funds for the provision of public
services;
12. Manner and form of making and filing of plats for subdivided lands;
13. Administration of these regulations, by defining the powers and the duties of approving
authorities, including procedures for the review and approval of all subdivision plats;
14. Division of the city into districts with uniformly applicable standards for development
within each district;
15. Standards for the development and use of land;
16. Procedures for the review and approval for the development and use of land; and
17. Establishment of all other requirements necessary to meet the purposes of this chapter.
D. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to
implement the goals and objectives of the city's adopted growth policy.
C. This chapter has been evaluated for compliance with the growth policy as part of the
process to adopt this chapter, and has been found to comply with the growth policy.
Section 3
That Section 38.100.070 of the Bozeman Municipal Code be amended as follows:
Sec. 38.100.070. Conditions of approval.
A. Regulation of the subdivision and development of land, and the attachment of reasonable
conditions to land subdivided or developed, or a use undertaken, is an exercise of valid
police power delegated by the state to the city. Persons undertaking the subdivision,
development or use of land have the duty of complying with reasonable conditions for
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design, dedication, improvement and restrictive use of the land so as to conform to the
physical and economic development of the city, and to the safety and general welfare of the
future lot owners and of the community at large. Such conditions may require compliance
with more than the minimum standards established by this chapter.
B. Conditions of approval may not be added after final action to grant preliminary approval to
a proposed subdivision or other development unless:
1. The conditions are necessary to correct inaccurate or incomplete information provided
with an application, which error is discovered after the original approval action; and
2. The project is not completed within the time period provided in the approval or by this
chapter; or
3. The requirement is part of an improvements agreement and security for completion of
required improvements prior to filing a final plat or other development.
However, should the owner seek material modifications (e.g., changes to the intent, nature,
or scope of a subdivision or development, or necessary improvements) to a previously
approved subdivision, development or condition of approval, the entire application must be
considered to be again opened for review and additional conditions may be applied.
Modifications of conditions of approval must be reviewed through the same process as the
original application. Final action includes the resolution of any appeals. The provisions of
section 38.240.150 38.240.130.A.5.h may also apply to revisions of conditions for
preliminary plats.
C. Mandatory cCompliance with the explicit termsrequirements and procedures of this chapter
or other duly adopted applicable law, standard, or procedure whether adopted by the City or
other authority does not constitute a conditions of approval and is not affected by the
limitations of subsection B of this section or other limitations on conditions of approval.
Section 4
That Section 38.100.080 of the Bozeman Municipal Code be amended as follows:
Sec. 38.100.080. Compliance with regulations required.
A. No land may hereafter be subdivided, used or occupied, and no building, structure or part
thereof may hereafter be erected, constructed, reconstructed, moved or structurally altered,
and no development may commence unless it is in conformity with all of the regulations
herein specified for the district in which it is located. It is the obligation of the person
proposing the development to demonstrate compliance with all applicable standards and
regulations.
B. To the extent reasonable, all city-owned land is subject to applicable regulations of the
underlying zoning district.
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Section 5
That Section 38.200.010 of the Bozeman Municipal Code be amended as follows:
Sec. 38.200.010. Review authority.
A. The city commission has the authorityright to review and require revisions to all
development proposals subject to this chapter, and delegates that authority in certain
circumstances as set forth below. The purpose of this review is to prevent demonstrable
adverse impacts of the development upon public safety, health or general welfare, or to
provide for its mitigation; to protect public investments in roads, drainage facilities, sewage
facilities, water facilities, and other facilities; to conserve the value of adjoining buildings
and/or property; to protect the character of the city; to protect the right of use of property;
advance the purposes and standards of this chapter and the adopted growth policy; and to
ensure that the applicable regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the
following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this
chapter;
b. Amendments to the text of this chapter or amendment to the zoning map;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu
for development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two
years;
e. Planned unit development preliminary plans and major amendments to planned
unit developments;
f. Appeals from administrative interpretations and final project review decisions;
g. Approval of preliminary park master plans when associated with a development
for which the City Commission is the review authority;
h. Large scale retail per section 38.360.160;
i. Exceptions to installation of bikeways and boulevard trails per section
38.400.110.E;
j. Conditional use permits when no board of adjustment is established;
k. More than two deviations or where deviation is for more than 20 percent of
standard;
l. Amendments to text or zoning map per division 38.260.
2. The city commission conducts public hearing for applications under 76-2-402, MCA.
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B. The community development director must, upon recommendation from the applicable
advisory bodies approve, approve with conditions or deny all applications subject to this
chapter except those listed below. Decisions of the community development director are
subject to the appeal provisions of division 38.250 of this chapter.
1. Projects excluded from community development director review:
a. Those applications specifically reserved to another approval authority as stated in
this section;
b. Development of city property which does not conform to all standards of this
chapter;
c. Any application involving variances from this chapter;
2. Exception. The city commission may, by an affirmative, simple majority vote of its
members at a regularly scheduled meeting reclaim to itself the final approval of a
development application normally subject to the approval of the community
development director. The vote must occur prior to the action of the community
development director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of
adjustment must, upon recommendation from the applicable advisory bodies approve,
approve with conditions or deny those applications specifically delegated to it by the city
commission. Decisions of the BOA are subject to the appeal provisions of division 38.250
of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at
a regularly scheduled meeting reclaim to itself the final approval of a development
normally subject to the approval of the board of adjustment. The vote must occur prior
to the action of the board of adjustment.
D. The city engineer must review and upon recommendation from the applicable advisory
bodies as needed approve, approve with conditions or deny the following site elements and
processes:
1. Site access and storm water for reuse and further development per section
38.230.160.B;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
3. The placement of private utility easements within public rights-of-way owned or
controlled by the city;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
6. Exceptions to storm water controls per section 38.410.080;
7. All modifications or proposed standards in section 38.400.010 except
subparagraphsection 38.400.010.A.1, Relation to undeveloped areas;
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8. Plans and specifications for public infrastructure and infrastructure to be granted to the
public per sections 38.400.060 Street improvement standards paragraphs. A and B.1—
3;
9. Alternate curb return radii per section subparagraph 38.400.090.C.3;
10. Locations and modifications to drive accesses to public streets per sections paragraphs
38.400.090.G and H;
11. Street improvement standards and modifications departures therefrom per section
38.400.060;
12. Departures for street vision triangles per section 38.400.100;
13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing
per section paragraphs 38.540.020.D, F and J;
14. Protection of landscaped areas per section paragraph 38.550.050.H;
15. All actions required of the flood plain administrator per article 6 of this chapter;
16. Modifications in required completion time for subdivision improvements per section
subparagraph 38.270.030.B.1;
17. The use of a financial guarantee for paving of streets per section paragraph
38.270.060.CB;
18. The waiver of required information per subparagraph section 38.220.080.A.2.i(3);
19. Requirement for a traffic impact analysis and determination of its contents per section
subparagraph 38.220.120.A.2.c(5);
20. Specifications and modifications therefrom for paving of streets and parking areas;
21. Designation of street classifications for collectors and arterials not shown in the long
range transportation plan; and
22. Alternate parking angles for surface and structured parking stall configurations listed in
Table 38.540.020. All other numeric standards apply.
23. Exceptions or modifications to installation of bikeways and boulevard trails per section
38.400.110.E;
E. The director of public works must review and upon recommendation from the
applicable advisory bodies as needed approve, approve with conditions or deny the
following development elements and processes:
1. Waiver of the requirement to extend water, sewer, and streets to the perimeter of
property being developed per section 38.410.070;
2. Provision of water rights as authorized in section 38.410.130;
3. Subject to section 38.400.060, exceptions to the level of service standards established
in section 38.400.060.B.4;
4. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and
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5. Acceptable alternative sidewalk design or materials per section 38.400.080.
F. The director of parks and recreation must review, and as needed approve, approve with
conditions or deny the following development elements and processes:
1. Ddetermine the classification of recreation pathwaystrails per section 38.420.110.D.
2. Approve final park plans.
3. Approve preliminary park plans when a development is subject to approval by the
Director of Community Development
4. Approval of calculations of cash-in-lieu of parkland amounts for development of
property when:
a. the initial dedication of land per 38.420.020 has been provided;
b. money to be paid is to address mitigation of recreation impacts above the
minimum land dedication; and
c. a park master plan has been approved for the park servicing the land to be
developed.
G. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable
advisory bodies to review and to make recommendations to the review authority regarding
development proposals. Under this section, when advisory boards review and make
recommendations to the review authority they act in a quasi-judicial capacity.
Recommendations do not constitute votes of approval or denial.
H. The city commission or its designated representatives may require the applicant to design
the proposed development to reasonably minimize potentially significant adverse impacts
identified through the review required by these regulations. The city commission or its
designated representatives may not unreasonably restrict a landowner's ability to develop
land, but it is recognized that in some instances the unmitigated impacts of a proposed
development may be unacceptable and will preclude approval of the development as
submitted. Recognizing that the standards of this chapter are minimum requirements and the
public health, safety, and general welfare may be best served by exceeding those
minimums, the city commission or community development director may require as a
condition of approval mitigation exceeding the minimums of this chapter.
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Section 6
That Section 38.220.030 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.030. Subdivision pre-application submittal materialsplan.
A. The pre-application plan may be a freehand sketch, legibly drawn, showing approximate
boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a
topographic survey required for the preliminary plat and must include:
1. Sketch map. A sketch map showing:
a. The names of adjoining subdivisions and numbers of adjoining certificates of
survey, along with adjacent lot and tract lines.
b. Location, name, width and owner of existing or proposed streets, roads and
easements within the proposed subdivision; existing streets, roads and easements
within adjacent subdivisions and tracts; and the name of street or road that
provides access from the nearest public street or road to the proposed subdivision.
c. Location of all existing structures, including buildings, railroads, power lines
towers, and improvements inside and within 100 feet of the proposed subdivision.
d. Zoning classification within the proposed subdivision and adjacent to it. The
zoning proposed for the subdivision, if a change is contemplated and if an
adjacent PUD is in place or proposed.
2. Topographic features. Topographic features of the proposed subdivision and adjacent
subdivisions and tracts, including:
a. A current U.S. Geological Survey topographic map at the largest scale available
with the subdivision clearly outlined.
b. Embankments, watercourses, drainage channels, areas of seasonal water ponding,
areas within the designated floodway, marsh areas, wetlands, rock outcrops,
wooded areas, noxious weeds and areas of active faults. Include copies of any
permits listed in section 38.220.020 that have been obtained for the project.
3. Utilities. The existing and proposed utilities located on and adjacent to the proposed
subdivision including:
a. Location, size and depth of sanitary and storm sewers, water mains and gas lines.
b. Location of fire hydrants, electric lines, telephone lines, sewage and water
treatment, and storage facilities.
4. Subdivision layout. The proposed layout of the subdivision showing the approximate:
a. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and
areas for each block, tract and lot.
b. Street location, right-of-way width, and name.
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c. Easement location, width and purpose.
d. Sites to be dedicated or reserved as park, common open space or other public
areas, with boundaries, dimensions and areas.
e. Sites for commercial centers, churches, schools, industrial areas, multi-household
units, manufactured housing community and uses other than single-household
residences.
5. Development plan. An overall development plan indicating future development of the
remainder of the tract, if the tract is to be developed in phases.
6. Name and location. A title block indicating the proposed name, quarter-section,
section, township, range, principal meridian and county of subdivision.
7. Notations. Scale, north arrow, name and addresses of owners and developers, and date
of preparation.
8. Variances. A list of variance requests which will be submitted with the application for
preliminary plat application.
9. Waivers. A list of waivers requested from the requirements of section 38.220.060 must
be submitted with the pre-application and an explanation of why such information is
not relevant or was previously provided.. The DRC is responsible for granting waivers,
and the community development department staff must notify the developer in writing
of any waivers granted from section 38.220.060 after the pre-application meeting or
plan review.
10. Parks and recreation facilities. The following information must be provided for all land
proposed to meet parkland dedication requirements:
a. Park concept plan, including:
(1) Site plan for the entire property; and
(2) The zoning and ownership for adjacent properties; and
(3) The location of any critical lands (wetlands, riparian areas, streams, etc.); and
(4) General description of land, including size, terrain, details of location and
history, water features, and proposed activities; and
(5) Description of trails or other recreational features proposed to connect the
proposed park area to other park or open space areas.
b. If the applicant intends to request approval of cash-in-lieu, a response to the cash-
in-lieu review factors established by resolution of the city commission.
12. Affordable housing. Describe how the subdivision proposes to satisfy the requirements
of division 38.380. Describe any intended use of 38.380 for creation of affordable
housing with the subdivision.
13. Wildlife. Describe key wildlife habitat issues that may be associated with proposed
subdivision. Describe how the subdivision will consider fish and wildlife resources in
the course of project design. Describe subdivision early planning suggestions from
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local FWP field biologists at FWP regional offices. This description should consider
the following:
a. The species of fish and wildlife, including those designated as species of concern,
that use all or part of the project planning area (proposed subdivision site plus a
one-half-mile radius around it) on a year-round, seasonal, or periodic basis.
b. Existing vegetation, aquatic habitats, and wildlife habitats in the project planning
area (e.g., water bodies and their associated riparian habitat, big game winter
range, native grassland or shrub land habitats, areas used by black or grizzly
bears).
c. The proposed subdivision's potential impacts on wildlife and wildlife habitat, both
during construction and at full build-out, taking any applicable fish and wildlife
habitat standards into account.
14. Waivers of right to protest. Include copies of or the recorded document numbers of all
existing waivers of right to protest special improvement districts or maintenance
districts which are applicable to the property proposed to be subdivided.
15. Water rights. Describe how the proposed subdivision intends to satisfy section
38.410.130. Provide documentation of all water rights appurtenant to the proposed
subdivision; e.g. previous payment-in-lieu of water rights, groundwater certificates,
statements of claim, provisional permits, decreed rights, canal or water users
association shares etc.
16. Agricultural water user facilities. Identify the location of all agricultural water user
facilities and the contact information for the facility user/representative per 38.360.280.
Section 7
That Section 38.220.040 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.040. Subdivision preliminary plat.
A. The preliminary plat must be legibly drawn as specified in the application form provided by
the community development department. Where accurate information is required, surveying
and engineering data must be prepared under the supervision of a registered engineer or
registered land surveyor, licensed in the state, as their respective licensing laws allow. The
plat submittal must include the following:
1. Pre-application information. All information required with the pre-application plan, as
outlined in section 38.220.030.
2. Subdivision information. Name and location of the subdivision, scale, scale bar, north
arrow, date of preparation, lots and blocks (designated by number), the dimensions and
area of each lot, and the use of each lot, if other than for single-household.
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23. Subdivision map. Map of entire subdivision as specified on the application form
provided by the community development department.
34. Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements;
the width of the right-of-way, grades and curvature of each; existing and proposed road
and street names; and proposed location of intersections for any subdivision requiring
access to arterial or collector streets.
45. Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of
adjoining certificates of survey.
56. Adjoining owners. Names and addresses of record owners of lots and tracts
immediately adjoining the proposed subdivision.
67. Perimeter survey. An approximate survey of the exterior boundaries of the platted tract
with bearings, distances, and curve data indicated outside of the boundary lines. When
the plat is bounded by an irregular shoreline or a body of water, the bearings and
distances of a closing meander traverse must be given.
78. Section corner. The approximate location of all section corners or legal subdivision
corners of sections pertinent to the subdivision boundary.
89. Phased improvements. If the required improvements are to be completed in phases
after the final plat is filed, the approximate area of each phase must be shown on the
plat. If a phase depends on improvements not included within the geographic area of a
phase, or if timing of construction of improvements is separate from the timing of
construction of that phase, those improvements and associated phases must be
identified.
910. Contours. Ground contours must be provided for the tract according to the following
requirements:
Table 38.220.040
Where the average slope is: Contour intervals must be:
Under 10 percent 2 feet (if all lots are over one acre in size, five
feet intervals may be used)
Between 10 and 15 percent 5 feet
Greater than 15 percent 10 feet
1110. Waivers. List of waivers granted from the requirements of section 38.220.060
during the pre-application process must be submitted with the preliminary plat
application.
1211. Request for exemption from department of environmental quality review. If the
developer is proposing to request an exemption from the department of environmental
quality for infrastructure plan and specification review, the preliminary plat application
must include a written request from the developer's professional engineer, licensed in
the state, that indicates the intent to request the exemption, and details the extent of
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water, sewer and stormwater infrastructure that will be completed prior to final plat
approval. A detailed preliminary stormwater drainage plan must also be submitted with
the written request.
13. Sanitation information. When the subdivision does not qualify for the certification
established in section 38.240.170 the subdivider must provide the information
regarding sanitation set forth in MCA 76-3-622.
Sec. 38.220.050. Preliminary plat supplements required for all subdivisions.
AB. The following supplemental information must be submitted along with the preliminary plat.
1. Area map. A map showing all adjacent sections of land, subdivision, certificates of
survey, streets and roads.
2. Subdivision map. Map of entire subdivision as specified on the application form
provided by the community development department.
32.Non-compliance with standards. Provide a written response to:
a. Variances. Provide Aa written statement describing any requested subdivision
variance and the facts of hardship upon which the request is based (refer to division
38.250 of this chapter).
b. All others. Provide Aa written statement: describing any intended departure,
deviation, modification, non-compliance or alternative compliance to any standard
applicable to a subdivision review;, providing a BMC citation to the authority
authorizing the by which such non-compliance; is authorized by BMC citation, and
providing the applicable criteria of review.
34. Noticing materials required by section 38.220.420.
45. Documents and certificates. Draft copy of the following documents, and certificates to
be printed on or to accompany the preliminary plat:
a. Covenants, restrictions and articles of incorporation for the property owners'
association if covenants are proposed to ensure compliance with regulatory
standards.
b. Encroachment permits or a letter indicating intention to issue a permit where new
streets, easements, rights-of-way or drive aisles intersect state, county or city
highways, streets or roads.
c. A letter of approval or preliminary approval from the city where a zoning change
is necessary.
cd. A draft of such other appropriate certificates.
de. Provision for maintenance of all streets (including emergency access), parks open
spaces to meet requirements of 38.420 or 38.410.040or otherwise, storm water
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facilities, and other required improvements if not dedicated to the public, or if
private.
56. Street profile sheets. Profile sheets for street grades greater than five percent.
67. Application and fee. Completed preliminary plat application form, with the original
signatures of all owners of record or their authorized representatives, and the required
review fee. If an authorized representative signs on behalf of an owner of record, a
copy of the authorization must be provided.
8. Noxious weed management and revegetation plan. Noxious weeds must be controlled
in all developments as directed by the county weed control district (district) in
accordance with the Montana County Noxious Weed Control Act (MCA 7-22-21). The
developer must have any noxious weeds identified and their location mapped by a
person with experience in weed management and knowledgeable in weed
identification. A noxious weed management and revegetation plan approved by the
district for control of noxious weeds must be submitted with the preliminary plat
application. This plan must ensure the control of noxious weeds upon preliminary plat
approval and the revegetation of any land disturbed during the construction of
subdivision improvements.
9. Sanitation information. When the subdivision does not qualify for the certification
established in section 38.240.100 the subdivider must provide the information
regarding sanitation set forth in MCA 76-3-622.
Section 8
That section 38.220.060 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.060. Additional subdivision preliminary plat supplements Documentation of
compliance with adopted standards.
A. The following list of preliminary plat application supplements information must also be
provided for with all subdivisions preliminary plat applications in order to document
compliance with adopted development standards unless waived by the development review
committee during the pre-application process per 38.240.110. The developer must include
documentation of any waivers granted by the city after the pre-application meeting or plan
review. Additional relevant and reasonable information may be required to adequately
assess whether the proposed subdivision complies with this chapter, and the Montana
Subdivision and Platting Act, and other applicable standards. The need for additional
information is determined during the pre-application process.
1. Surface water.
a. Mapping. Locate on a plat overlay or sketch map all surface waters and the
delineated floodplain which may affect or be affected by the proposed subdivision
including:
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(1) Natural water systems such as natural streams, creeks, stream/ditches,
drainages, waterways, gullies, ravines or washes in which water flows either
continuously or intermittently and has a definite channel, bed and banks.
(2) Artificial water systems such as canals, ditches, ditch/streams, aqueducts,
reservoirs, irrigation or drainage systems.
b. Description.
(1) Describe all surface waters which may affect or be affected by the proposed
subdivision including name, approximate size, present use and time of year
when water is present.
(2) Describe proximity of proposed construction (such as buildings, sewer
systems, streets) to surface waters.
c. Water body alteration. Describe any existing or proposed streambank or shoreline
alterations or any proposed construction or modification of lake beds,
watercourses or irrigation ditches. Provide information on location, extent, type
and purpose of alteration. Provide a revised floodplain analysis report, in
compliance with article 6 of this chapter, as appropriate.
d. Wetlands. If the subdivision contains wetlands, as defined in section 38.700.210
of this chapter, then a delineation of the wetland meeting standards of Division
38.610 must be provided and the location of existing and proposed modifications
to wetlands must be shown on an overlay of the proposed plat. must be shown on
the preliminary and final plats.
e. Permits. Include copies of any permits listed in section 38.41.020 that have been
obtained for the project.
2. Floodplains. A floodplain analysis report must be submitted with the preliminary plat
in compliance with Division 38.600 article 6 of this chapter.
3. Groundwater.
a. Depth. Establish the seasonal minimum and maximum depth to the water table,
dates on which these depths were determined, and the location and depth of all
known aquifers which may be affected by the proposed subdivision. The high
water table must be determined from tests taken during the period of major
concern as specified in writing by the county environmental health department.
Specific locations for test holes may also be determined by the county
environmental health department.
b. Steps to avoid degradation. Describe any steps necessary to avoid the degradation
of groundwater and groundwater recharge areas.
4. Geology; soils; slopes.
a. Geologic hazards. Identify geologic hazards affecting the proposed subdivision
which could result in property damage or personal injury due to rock falls or
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slides; landslides, mud or snow; surface subsidence (i.e., settling or sinking); or
seismic activity.
b. Protective measures. Explain what measures will be taken to prevent or materially
lessen the danger of future property damage or injury due to any of the hazards
referred to in subsection A.4.a of this section.
c. Unusual features. Provide a statement describing any unusual soil, topographic or
geologic conditions on the property which limit the capability for building or
excavation using ordinary and reasonable construction techniques. The statement
should address conditions such as shallow bedrock, high water table, unstable or
expansive soil conditions, and slope. On a map, identify any slopes in excess of
15 percent grade.
d. Soils map. The subdivision must be overlaid on the county soil survey maps
obtained from the Natural Resource and Conservation Service (NRCS). The maps
are 1:24,000 in scale. These maps may be copied without permission. However,
enlargement of these maps could cause misunderstanding of the detail of
mapping. Soils were mapped using a minimum delineation of five acres, and these
soils reports were intended to alert developers to possible problems and the need
for a more detailed on-site investigation. The developer must provide the
following soil reports, which can be obtained from the NRCS:
(1) The physical properties and engineering indexes for each soil type;
(2) Soil limitations for utilities, building and site development, and water
features for each soil type;
(3) Hydric soils report for each soil type. If hydric soils are present, the
developer must provide a wetlands investigation by a certified consultant,
using the current Federal Manual for Identifying and Delineating
Jurisdictional Wetlandsper Division 38.610; and
(4) The developer must provide any special design methods planned to
overcome the above limitations.
e. Cuts and fills. Describe the location and amount of any cut or fill three or more
feet in depth. These cuts and fills should be indicated on a plat overlay or sketch
map. Where cuts or fills are necessary, describe any plans to prevent erosion and
to promote revegetation such as replacement of topsoil and grading.
5. Vegetation.
a. Vegetation map. On a plat overlay or sketch map :
(1) Indicate the distribution of the major vegetation types such as marsh,
grassland, shrub, coniferous forest, deciduous forest or mixed forest.
(2) Iidentify critical plant communities such as stream bank or shoreline
vegetation; vegetation on steep, unstable slopes; and vegetation on soils
highly susceptible to wind or water erosion.
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b. Protective measures. Describe measures to preserve trees and critical plant
communities (e.g., design and location of streets, lots and open spaces).
c. Noxious weed management and revegetation plan. Noxious weeds must be
controlled in all developments as directed by the county weed control district
(district) in accordance with the Montana County Noxious Weed Control Act
(MCA 7-22-21). The developer must have any noxious weeds identified and their
location mapped by a person with experience in weed management and
knowledgeable in weed identification. A noxious weed management and
revegetation plan approved by the district for control of noxious weeds must be
submitted with the preliminary plat application. This plan must ensure the control
of noxious weeds upon preliminary plat approval and the revegetation of any land
disturbed during the construction of subdivision improvements.
6. Wildlife.
a. Species. Describe any endangered species or species of concern fish and wildlife
which use the area affected by the proposed subdivision.
b. Critical areas. Identify on a plat overlay or sketch map of the proposed
subdivision any known critical, significant or "key" wildlife areas, such as big
game winter range, waterfowl nesting areas, habitat for rare or endangered species
or wetlands.
c. Pets/human activity. Describe the expected effects of pets and human activity on
wildlife.
cd. Public access. Describe the effects on public access to public lands, trails, hunting
or fishing areas.
de. Protective measures. Describe any proposed measures to protect or enhance
wildlife habitat or to minimize degradation (e.g., keeping building and streets
back from shorelines, setting aside wetlands marshland as undeveloped open
space).
ef. Discussion of impact; documentation. The developer must discuss the impact of
the proposed development on fish and wildlife with the state department of fish,
wildlife and Parks (FWP). With the preliminary plat application, the developer
must provide written documentation from FWP that:
(1) Verifies that FWP has reviewed the proposed plat;
(2) Lists any FWP recommendations; and
(3) Outlines any mitigation planned to overcome any adverse impacts.
7. Historical features.
a. Affected areas. Describe and locate on a plat overlay or sketch map any known or
possible historic, paleontological, archaeological, or cultural sites, structures, or
objects which may be affected by the proposed subdivision.
b. Protective measures. Describe any plans to protect such sites or properties.
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c. Procedures. Describe procedures to be followed if any historic, paleontological,
archaeological, cultural sites, structures or object are found on site during site
preparation and construction.
d. Discussion of impact; documentation. The developer must discuss the impact of
the proposed development on any historic features, and the need for inventory,
study and/or preservation with the state historic preservation office (SHPO). The
developer must provide written documentation from SHPO that:
(1) Verifies that SHPO has reviewed the proposed plat;
(2) Lists any SHPO recommendations;
(3) Outlines any plans for inventory, study, and/or preservation; and
(4) Describes any mitigation planned to overcome any adverse impacts.
e. Preparation of information. Information on historical sites must be prepared by a
qualified professional, including persons with a professional or educational
background in history, architectural history, archaeology, art history, historic
preservation, anthropology and cultural resource management.
78. Agriculture. When a proposed development is adjacent to land used for agricultural
production.
a. Number of acres in production and type of production.
b. Agricultural operations in the vicinity, and other uses of land in the general
vicinity.
c. The productivity of the land.
d. Whether or not the property is part of a viable farm unit, and whether the property
was under production during the last regular season.
ea. What measures will be taken, if any, to control family pets.
fb. Fencing of agricultural land. Describe any existing fence lines around the
subdivision development boundary which protect agricultural lands under an
ownership other than of the developer, and describe any measure which will be
taken to ensure that the owners of the subdivision development will share with the
owner of the agricultural lands in the continued maintenance of the fence.
89. Agricultural water user facilities.
a. Type, description, ownership and users of facilities per 38.360.280 and
38.410.060.
b. Written documentation demonstrating active use of facilities, for example the
delivery of non-potable water supplies for irrigation, conversion to stormwater
facilities, or other use. If a facility is not being actively used nor intended to be
used in the future, include a written plan for discontinuance including all
documentation required pursuant to Montana Law.
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c. Describe any proposed realignment. All realignments must comply with all
relevant requirements of Montana law.
d. Information from the owner(s) of the facility concerning the proposed use or
discontinuance of the facility.
910. Water and sewer. Provide an engineering design report and/or other documentation
demonstrating that adequate water distribution systems and capacity, and sewage
collection and disposal systems and capacity, exists or will be provided to serve the
proposed subdivision consistent with the City’s adopted design standards and Chapter
40.
a. Water rights. Describe how the proposed subdivision intends to satisfy section
38.410.130. Provide documentation of all water rights appurtenant to the proposed
subdivision; e.g. previous estimates or actual payment-in-lieu of water rights,
certified well logs, decrees or adjudications, etc.
b. The information needed to demonstrate proposed compliance with 38.270. Special
care is needed when concurrent construction is proposed.
1011. Stormwater management. A stormwater management plan meeting the
requirements of section 40.04.700 and the city's adopted stormwater master plan.
1112. Streets, roads and alleys.
a. Description. Describe any proposed new public or private streets, roads or alley,
or substantial improvements of existing public or private streets, roads or alleys.
The developer must demonstrate that the land to be subdivided has access onto a
legal street and the future streets will be consistent with the City’s adopted design
standards, Article 34.4, the long range transportation plan, and other relevant
standards.
b. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and
pedestrian pathways, lanes or routes to be developed with the development.
cb. Access to arterial. Discuss whether any of the individual lots or tracts have access
directly to arterial streets or roads, and if so, the reason access was not provided
by means of a street within the subdivision and how the access complies with
section 38.400.090.
dc. Modification of existing streets, roads or alleys. Explain any proposed closure or
modification of existing streets, roads or alleys.
ed. Dust. Describe provisions considered for dust control on alleys.
fe. Pollution and erosion. Explain how street, road and alley maintenance will be
provided to meet the department of environmental quality guidelines for
prevention of water pollution and erosion and who is proposed to provide the
required maintenance.
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gf. Traffic generation. Discuss how much daily traffic will be generated on existing
local and neighborhood streets, roads and alleys, when the subdivision is fully
developed, and provide the following information:
(1) The report format must be as follows:
(a) Trip generation, using the Institute of Transportation Engineers
Trip Generation Manual;
(b) Trip distribution;
(c) Traffic assignment;
(d) Capacity analysis;
(e) Evaluation; and
(f) Recommended access plan, including access points, modifications,
and any mitigation techniques if level of service does not meet
level of service standard.
(2) The report must include the following information:
(a) Land use and trip generation in the form of a table of each type of
land use, the number of units or square footage, as appropriate, the
trip rates used (daily and peak) and resulting trip generation.
(b) Traffic graphics, which show:
(i) A.M. peak hour site traffic;
(ii) P.M. peak hour site traffic;
(iii) A.M. peak hour total traffic;
(iv) P.M. peak hour total traffic; and
(v) Total daily traffic (with site-generated traffic shown
separately).
(c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour
capacity analysis provided for:
(i) All major drive accesses that intersect collector or arterial
streets or roads; and
(ii) All arterial-arterial, collector-collector and arterial-collector
intersections within one-half mile of the site, or as required by
the city engineer during the pre-application review, concept
plan review, or informal project review.
(d) For two-way stop controlled intersections, analysis of whether the
intersection would satisfy signalization warrants if the two-way
stop control was removed.
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hg. Capacity. Indicate the levels of service (before and after development) of existing
and proposed streets and roads, including appropriate intersections, to safely
handle any increased traffic. Describe any anticipated increased maintenance that
will be necessary due to increased traffic and who will pay the cost of
maintenance.
h. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and
pedestrian pathways, lanes or routes to be developed with the development.
i. Traffic calming. Detailed drawings of any proposed traffic calming installations,
including locations and turning radius templates.
j. The information needed to demonstrate proposed compliance with 38.270. Special
care is needed when concurrent construction is proposed.
1213. Non-Municipal Utilities. The developer must submit a copy of the subdivision
plat to all relevant utility companies. With the preliminary plat, the developer must
provide written documentation of the following:
a. Affected utilities. Indicate which affected utilities the subdivision plat has been
submitted to for review, and include a copy of responses.
b. Include a description of:
(1) The method of furnishing electric, natural gas, cable TV, internet or telephone
service, where provided.
(2) Estimated timing of each utility installation.
(3) The developer must provide a written statement from the utility companies that
the proposed subdivision can be provided with service.
c. Non-municipal utility locations shall be coordinated with locations of municipal
utilities.
14. Educational facilities. With the preliminary plat, provide a written statement from the
administrator of the appropriate school system indicating whether the increased
enrollment can be accommodated by the present personnel and facilities and by the
existing school bus system.
1315. Land use.
a. Indicate the proposed use and number of lots or spaces in each:
(1) Residential area, single-household;
(2) Residential area, multiple-household. Types of multiple-household structures
and numbers of each (e.g., two or four unit structures);
(3) Planned unit development (number of units);
(34) Condominium (number of units);
(5) Manufactured housing community (number of units);
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(46) Recreational vehicle park;
(57) Commercial or industrial; and
(68) Other (please describe).
1416. Parks and recreation facilities. The following information must be provided for all
land used to meet parkland dedication requirements:
a. Park plan. A park plan, including:
(1) Site plan with one-foot contour topographic survey for the entire property;
showing proposed developer installed improvements on the initial park plan
and proposed future improvements on the future park plan, and phasing
proposed if any, exact product specifications are not required;
(2) Drainage areas;
(3) Utilities within, serving, and adjacent to the property;
(4) The zoning and ownership for adjacent properties; Existing or proposed
utility easements within the property;
(5) The location of any critical lands (wetlands, riparian areas, streams, etc.) and
location of watercourse setbacks and any permits from non-city agencies
required to execute the proposed plan;
(6) Park conceptual landscaping plan, prepared by a qualified landscape
professional in accordance with section 38.220.100 unless the parks
department has adopted an alternate plan standard, showing the location and
specific types and species of plants, shrubs, trees as well as grass seed mixes
and the irrigation system including but not limited to identification of water
source, points of connection, mains, laterals, valves, zones, and sprinkler
heads;
(7) General description of land, including size, terrain, details of location and
history, water features, and proposed activities;
(8) Trail design and construction showing compliance with adopted city
standards and trail classifications;
(9) The requirement for approval of the final park plan by the review authority
with a recommendation from the city recreation and parks advisory board
prior to any site work;
(10) The requirement for a preconstruction meeting prior to any site work;
(911) Appropriate sections from the design guidelines for city parks;
(102) Cost estimate, installation phasing and responsibility, and maintenance
plan tasks and responsibility for custom features or atypical designsall
improvements;
(113) If playground equipment will be provided with initial installation by the
subdivider, information including the manufacturer, installation data and
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specifications, installer, type of fall zone surfacing and age group intended
for use; otherwise a general identification of proposed function;
(124) Soils information and analysis;
(135) A description of how the proposed park plan is consistent with the goals of
the city's current long range parks plan for parks;
(146) A description of how the proposed park will meet the recreational needs of
the residents of the development;
(157) The proposed manner of providing irrigation to the park including water
source, amount of water expected to be consumed annually, and proposed
manner of transfer of water facilities and rights to the city; and
(168) A phase I environmental assessment of the area proposed to be transferred
to the city or property owner's association.
b. Park maintenance.
(1) Maintenance information, including levels of maintenance, a maintenance
schedule, and responsible parties;
(2) Weed control plan, including responsible parties; and
(3) Plan for garbage collection, snow removal and leaf removal including
responsible parties.
bc. Irrigation information.
(1) An irrigation system map generally showing the locations and types of lines,
including depth, water source, heads, electric valves, quick couplers, drains
and control box; and
(2) If a well will be used for irrigation, a certified well log must be submitted
showing depth of well, gpm, pump type and size, voltage, water rights, etc.
cd. Phasing. If improvements will be phased, a phasing plan must be provided
including proposed financing methods and responsibilities.
de. Cash-in-lieu and Improvements-in-lieu. If the development includes a proposal for
cash-in-lieu or improvements-in-lieu of park a specific justification responding to
the cash- in-lieu review factors established by resolution of the city commission.
If improvements-in-lieu are proposed specific costs of proposed improvements
and costs to install must be provided.
1517. Neighborhood center plan. A neighborhood center plan must be prepared and
submitted for all subdivisions containing a neighborhood center.
1618. Lighting plan. The following subdivision lighting information must be submitted
for all new subdivisions development where lighting is proposed other than within the
street right of way:
a. For subdivision applications where lighting is required or proposed, l ighting
plans must be submitted to the city for review and approval, and must include:
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(1) Isofootcandle plots for individual fixture installations, and ten-foot by ten-
foot illuminance-grid plots for multifixture installations, which demonstrate
compliance with the intensity and uniformity requirements as set forth in this
chapter.
(2) Description of the proposed equipment, including fixture manufacturer's
cutsheets, photometrics, glare reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details and mounting methods.
(3) The lighting plan must be prepared, and certified for compliance with the
city's design requirements and illumination standards, by a qualified lighting
professional. Qualified lighting professionals include electrical engineers,
architects, lighting designers and manufacturers representatives.
(4) Lighting calculations may include only the illuminated areas; areas occupied
by buildings or other nonlighted areas must be excluded from calculations.
Proposed fixture locations, types, source of power, and demonstration of
compliance with city lighting standards.
b. When requested by the city, the applicant must also submit a visual-impact plan
that demonstrates appropriate steps have been taken to mitigate on-site and off-
site glare and to retain the city's character.
c. Post-approval alterations to lighting plans or intended substitutions for approved
lighting must only be made after city review and approval.
1719. Miscellaneous.
a. Public lands. Describe how the subdivision will affect access to any public lands.
Where public lands are adjacent to or within 200 feet of the proposed
development, describe present and anticipated uses for those lands (e.g., open
space, recreation, etc.), and how public access will be preserved/enhanced.
b. Hazards. Describe any health or safety hazards on or near the subdivision, such as
mining activity or potential subsidence, high pressure gas lines, dilapidated
structures or high voltage power lines. Any such conditions must be accurately
described and their origin and location identified. List any provisions that will be
made to mitigate these hazards. Also describe any on-site or off-site land uses
creating a nuisance.
c. Wildlands-urban interface. Describe the subdivision's location within or proximity
to the wildlands-urban interface (WUI) and ember zone designated by the most
recent city-adopted hazard mitigation plan. Describe any hazard from the
subdivision's proximity to the WUI. List any provisions that will be used to
mitigate these hazards and reduce structure ignitability.
1820. Affordable housing. Describe how the subdivision will integrate with satisfy the
requirements of division 38.380. The description must be of adequate detail to clearly
identify those lots complying withdesignated as subject to division 38.380 compliance
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requirements and to make the obligations placed on the affected lots readily
understandable.
a. On all lots intended to comply with be used to satisfy the requirements of division
38.380, the allowable building envelope must be depicted.
19. A description of how the proposed subdivision advances the adopted growth policy.
Section 9
That Section 38.220.070 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.070. Final plat.
A. The following materials must be provided with each application for final plat approval.
Materials must be provided in the number of copies and form established by the director of
community development.
1. The developer must submit with the application for final plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions or other demonstrations of compliance with standards have been
satisfactorily addressed. This narrative must be in sufficient detail to direct the
reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
21. A letter from the city engineer certifying that the following documents have been
received:
a. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for
public improvements, including a complete grading and drainage plan; and/or
b. Approved and executed concurrent construction plan or improvements agreement.
bc. Copy of the state highway access or encroachment permit where a street created
by the plat will intersect with a state highway.
32. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding
must be entered into by the weed control district and the developer. The memorandum
of understanding must be signed by the district and the developer prior to final plat
approval, and a copy of the signed document must be submitted to the community
development department with the application for final plat approval.
43. Final park plan. For all land used to meet parkland dedication requirements, a final
park plan must be submitted to the city for review and approval prior to final plat. The
final park plan must include all of the information listed in section 38.220.060.A.1516
and must include evidence of compliance with the installation requirements of division
38.270.
54. Irrigation system as-builts. The developer must provide irrigation system as-builts, for
all irrigation installed in public rights-of-way and/or land used to meet parkland
dedication requirements, once the irrigation system is installed. The as-builts must
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include the exact locations and type of lines, including accurate depth, water source,
heads, electric valves, quick couplers, drains and control box.
65. Affordable housing. If the plat has used the provisions of division 38.380, Tthe
developer must provide a description of how the subdivision has complied with
division 38.380. The description must be of adequate detail to clearly identify those
lots designated as subject to division 38.380 compliance requirements and to make the
obligations placed on the affected lots readily understandable.
76. Conditions of approval. A sheet(s) of the plat depicting conformance with subdivision
application approval must be submitted as set forth in 24.183.1107 ARM as may be
amended and as required by the county clerk and recorder, and must:
a. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title
block including the quarter-section, section, township, range, principal meridian,
county, and, if applicable, city or town in which the subdivision is located.
b. Contain any text and/or graphic representations of requirements by the governing
body for final plat approval including, but not limited to, setbacks from streams or
riparian areas, floodplain boundaries, no-build areas, building envelopes, or the
use of particular parcels.
c. Include a certification statement by the landowner that the text and/or graphics
shown on the conditions of approval sheet(s) represent(s) requirements by the
governing body for final plat approval and that all conditions of subdivision
application have been satisfied.
d. Include a notation stating that the information shown is current as of the date of
the certification, and that changes to any land-use restrictions or encumbrances
may be made by amendments to covenants, zoning regulations, easements, or
other documents as allowed by law or by local regulations.
e. Include a notation stating that buyers of property should ensure that they have
obtained and reviewed all sheets of the plat and all documents recorded and filed
in conjunction with the plat, and that buyers of property are strongly encouraged
to contact the local community development department and become informed of
any limitations on the use of the property prior to closing.
f. List all associated recorded documents and recorded document numbers.
g. Include a tabulation of parkland credit for the entire subdivision and attributed to
each lot.
h. Include a tabulation of open space.
i. List easements, including easements for agricultural water user facilities.
87. Documents. The following documents must accompany the final plat:
a. A title report or certificate of a title abstractorsubdivision guarantee per MCA 76-
3-612;
b. Any covenants or deed restrictions relating to the subdivision;
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c. The security required pursuant to section 38.270.060, securing the future
construction of any remaining private or public improvements to be installed;
d. Unless otherwise provided in this chapter, copies of final plans, profiles, grades,
and specifications for improvements, including a complete grading and drainage
plan, with the certification of a professional engineer that all required
improvements which have been installed are in conformance with the attached
plans. The subdivider must file copies of final plans, profiles, grades, and
specifications for improvements, including a complete grading and drainage plan,
with the certification of a professional engineer that all required improvements
which have been installed are in conformance with the attached plans, with the
city engineering division, of the department of public works and the city parks
department. A statement must be included on the conditions of approval sheet
stating where the plans can be obtained;
e. If a street, alley, avenue, road, or highway created by the plat will intersect with a
state or federal right-of-way, a copy of the access or encroachment permit;
f. A title report or certificate of a title abstractor subdivision guarantee for any off-
site land intended to satisfy park dedication requirements. The subdivision
guarantee must be dated no earlier than 30 calendar days prior to submittal.;
g. Any deeds and real estate transfer certificate, or other documents for transfer of
land and/or improvements to the city or the property owners' association or other
entity;
h. Any deeds or documents for transfer of water rights; including but not limited to
all required state department of natural resources and conservation documentation,
e.g. ownership update form, permit, groundwater certificate and/or change
authorization; and
i. Any other documents satisfying subdivision application approval required by the
governing body to be filed or recorded.
9. For non-public improvements, the developer must provide certification by the
architect, landscape architect, engineer or other applicable professional that all
improvements, including, but not limited to, landscaping, ADA accessibility
requirements, private infrastructure, and other required elements were installed in
accordance with the approved plans and specifications, or plat as applicable, unless a
waiver of certification in whole or part is explicitly approved by the DRC.
8. The developer must submit with the application for final plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed. This narrative must be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note,
covenant, etc. in the submittal.
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Section 10
That Division 38.220 Part 2 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.300. General.
When required, the supplementary documents described in this division, must be submitted
in draft form with the preliminary plat or plan, and signed and notarized with the final plat or
plan. The proper notary block must be used.
Sec. 38.220.310. Property owners' association.
A. The City must approve the governing documents or amendments to the governing
documents of a subdivision or other development if as part of the approval the city required
the governing documents to include provisions that directly and materially address a
condition of approval or other adopted standards related to the development including but
not limited to 38.270.090.
BA. When ApplicableGeneral. If the review authority determines a common area or open space,
facility, or any other infrastructure is to be created or constructed as part of the development
and such common area or open space, facility, or infrastructure is required to be either
owned by or maintained by the property owners' association the developer must provide
supplemental documents, as applicable, that (i) transfer ownership of common area, facility,
or infrastructure to the property owners' association; (ii) provide for the perpetual
maintenance of common area, facility, or infrastructure by the property owners' association;
and (iii) identify if access to the common area open space or facility is available to the
public or is restricted to the members of the property owners' association. Property owners'
association bylaws or the declaration of covenants, conditions and restrictions must be
prepared and recorded with the final plat or plan.
CB. Bylaws or covenants, conditions and restrictions contents. The items listed below are
required to be included in the property owners' association bylaws or declaration of
covenants, conditions and restrictions and must be clearly identified within the documents.
The covenants must at a minimum, provide:
1. The property owners' association will be formed before any properties are sold.
2. Membership is automatic and mandatory for each property or unit buyer and any
subsequent buyer.
3. Means of enforcing the covenants, and of receiving and processing complaints.
4. Common area and facilities must be perpetually reserved.
5. The association is responsible for liability insurance, any applicable tax assessments
and the maintenance of any common area or facilities.
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6. Property or unit owners must pay a pro rata share of the cost of any common expenses,
with any assessment charged by the association becoming a lien where necessary on
individual parcels.
7. The association may adjust the assessment to meet changed needs.
8. The conditions and timing of the transfer of ownership and control of common areas
and facilities from the declarant to the association.
9. The permission of the city commission is required before the association can be
dissolved or the boundaries altered.
10. Regular maintenance program for items included in section 38.270.090.A and any
other common area and facilities and that the association is responsible for the
maintenance program.
DC. If the property owners' association fails to install or maintain improvements according to
approved plans, the city may, at its option, complete construction of improvements and/or
maintain improvements in compliance with section 38.220.320200 and division 38.270 of
this chapter. The city's representative, contractors and engineers must have the right to enter
upon the property and perform such work, and the property owners' association must permit
and secure any additional permission required to enable them to do so. The city will bill the
property owners' association for any costs associated with the installation or maintenance of
improvements.
D. For a multiphase project, the property owners' association must be created for the entire
project with the first phase.
E. To ensure continued maintenance of common areas and facilities, and on-going fulfillment
of all obligations no property may be removed from the property owners' association
without prior approval by the city commission.
Sec. 38.220.320. Covenants.
A. The city may require covenants to be recorded with the final plat or condominium when it is
determined they are necessary for the protection of the public health, safety and general
welfare and compliance with conditions of approval or compliance with standards including
but not limited to 38.270.090. Review of covenants must comply with section
38.240.150.A.3. All covenants must be considered to run with the land. If the covenants are
not marked or noted on the final subdivision plat or other final approval document, they
must be contained in a separate instrument which must be recorded with the final plat or
prior to final approval of other applications. The covenants may be required to include, but
are not limited to, the following provisions:
1. That all county declared noxious weeds will be controlled as required in MCA Title 7,
Chapter 22, Part 21.
2. A section addressing agricultural uses of neighboring properties in the following form:
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"Lot owners and residents of the subdivision are informed that adjacent uses may be
agricultural. Lot owners accept and are aware that standard agricultural and farming
practices can result in dust, animal odors and noise, smoke, flies, and machinery noise.
Standard agricultural practices feature the use of heavy equipment, chemical sprays
and the use of machinery early in the morning and sometimes late into the evening."
3. That all fences bordering agricultural lands must be maintained by the landowners in
accordance with MCA Title 70 Chapter 16 Part 2, Title 81 Chapter 4 Part 1, or other
relevant state law.
4. That any covenant which is required as a condition of the preliminary plat approval or
other development and required by the city commission may not be amended or
revoked without the mutual consent of the owners in accordance with the amendment
procedures in the covenants, and the city commission.
5. Common area and facility maintenance plan. The developer must submit a legal
instrument setting forth a plan consistent with 38.270.090 providing for the permanent
care and maintenance of common areas and facilities. The same must be submitted to
the city attorney and must not be accepted by the city until approved as to legal form
and effect. Common areas and facilities must be deeded to a property owners'
association and, the applicant must record the proposed documents governing the
association at the time of final plat filing. Creation of a special maintenance district
satisfies this requirement.
6. Common area and facility maintenance guarantee and process. In the event the
organization or any successor organization established to own and maintain common
areas and facilities, must at any time fail to maintain the common areas or facilities in
reasonable order and condition in accordance with the approved plan, the city may
cause written notice to be served upon such organization or upon the owners of
property in the development. The written notice must set forth the manner in which the
common areas or facilities have failed to be maintained in reasonable condition. In
addition, the notice must include the demand that the deficiencies noted be cured
within 30 days thereafter and must state the date and place of a public meeting to be
held within 14 days of the notice. At the time of public meeting, the city commission
may modify the terms of the original notice as to deficiencies and may extend the time
within which the same may be cured. If the deficiencies set forth in the original notice
or modifications are not cured within the time set, the city may enter upon such
common facilities and maintain the same for a period of one year, in order to preserve
the taxable values of properties within the development and to prevent the common
facilities from becoming a public nuisance. Such entry and maintenance must not vest
in the public any right to use the common facilities not dedicated to public use. Before
the one year period expires, the commission must, upon its own initiative or upon
written request of the organization theretofore responsible for maintenance, call a
public meeting and give notice of such meeting to the organization responsible for
maintenance or the property owners' of the development. At the meeting, the
organization responsible for maintenance and/or the residents of the development may
show cause why maintenance by the city should not be continued for a succeeding
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year. If the city commission determines that it is not necessary for the city to continue
such maintenance, the city must cease such maintenance at the time established by the
city commission. Otherwise the city must continue maintenance for the next
succeeding year subject to a similar meeting and determination at the end of each year
thereafter.
a. The cost of maintenance by the city must be a lien against the common facilities
of the development and the private properties within the development. The city
commission must have the right to make assessments against properties in the
development on the same basis that the organization responsible for maintenance
of the facilities could make such assessments. Any unpaid assessment must be a
lien against the property responsible for the same, enforceable the same as a
mortgage against such property. The city may further foreclose its lien on the
common facility by certifying the same to the county treasurer for collection as in
the case of collection of general property taxes.
b. Should the property owners' association request that the city assume permanent
responsibility for maintenance of facilities, all facilities must be brought to city
standards prior to the city assuming responsibility. The assumption of
responsibility must be by action of the city commission and all costs to bring
facilities to city standards must be the responsibility of the property owners'
association. The city may create special financing mechanisms so that those
properties within the area affected by the property owners' association continue to
bear the costs of maintenance.
c. The city must assume permanent responsibility for maintenance of public areas
and facilities when a dedicated funding mechanism is adopted.
7. Guarantee for open space preservation. Open space shown on the approved final plan
or in the approved plat application must not be used for the construction of any
structures not shown on the final plan.
8. Covenants may not contain provisions which inhibit compliance with the requirements
of division 38.380, for those developments subject to division 38.380. Some examples
are: privately required minimum home or lot sizes which cannot be met.
89. Covenants and condominium declaration documents must require condominiums to be
assigned street addresses in compliance with chapter 10, article 7 BMC. Addressing
must not use X or other generic statements. Draft documents submitted for review
prior to final approval must include correct addresses.
910. Stormwater facilities maintenance as required by chapter 40 article 4 BMC.
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Section 11
That Section 38.220.420 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.420. Notice requirements for application processing.
A. The following minimum standards for timing, location of noticing area and type of notice
must be provided.
1. Noticing provisions are cumulative with the maximum combination of noticing
requirements being provided. When more than one newspaper notice is required, only
one of the required publication dates must fall within the minimum and maximum days
required. Newspaper publications for public hearings follow the requirements of MCA
7-1-4127 in addition to the requirements of Table 38.220.420.
2. Distance in Table 38.220.420 is the distance from the exterior property boundary of the
site to all or part of another parcel of land whose owners must be notified of a
governmental action. This distance includes the width of a right-of-way or other public
ownership.
3. Notice must be provided not less than 15 or more than 45 calendar days prior to the
close of the public comment period or public hearing unless otherwise specified in this
chapter.
4. Mail by first class or certified mail is to all landowners within 200 feet.
5. For all developments in Table 38.220.040 which require mailed notice, the applicant
must provide a list of names and addresses of all property owners, including names and
addresses of owners of individual condominiums, wholly or partially within 200 feet of
the site. The list must be drawn from the most current known property owners of
record as shown in the records of the county clerk and recorder's office. Where
certified mail is required separate mailing labels may also be required.
6. The community development director will establish procedures for mailing notice.
7. The applicant is responsible for mailing notice. The city will provide the notice to the
applicant for duplication not less than four days prior to the notice period. The notice
must be distributed such that notices are submitted to the United States Postal Service
at least two days before the beginning of the notice period. The return address on the
envelopes must be the mailing address established by the community development
director.
B. If for some reason a required property owner fails to receive mail notification of a scheduled
public hearing or other public comment opportunity, or if one or more of the required
posted signs in the area or on the site for which the public hearing or other public comment
opportunity is being held is inadvertently moved through no fault of the city, this in no way
invalidates the legal notice requirements of the scheduled public hearing or other public
comment opportunity.
C. Notice may also be provided to property owners' in any additional area that may be
substantially impacted by an application the proposed change or use as determined by the
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community development director. The community development director may use other
means in addition to posting, mailing, or publication to provide notice.
D. Notice is not required for final plans and final plats.
D. 1. For all developments in Table 38.220.040 which require mailed notice, the applicant must
provide a list of names and addresses of all property owners, including names and addresses of
owners of individual condominiums, wholly or partially within 200 feet of the site. The list must
be drawn from the most current known property owners of record as shown in the records of the
county clerk and recorder's office. Where certified mail is required separate mailing labels may
also be required.
2. The community development director will establish procedures for mailing notice.
3. The applicant is responsible for mailing notice. The city will provide the notice to the
applicant for duplication not less than four days prior to the notice period. The notice must
be distributed such that notices are submitted to the United States Postal Service at least two
days before the beginning of the notice period. The return address on the envelopes must be
the mailing address established by the community development director.
Table 38.220.420
Minimum standards for timing, location of noticing area and type of notice.
Application Minimum
Days12
Maximum
Days12
Distance1 Notice Type
Text amendment 15 45 NA Newspaper
once
Zone Map Amendment2 -
rezoning or with annexation
15 45 200 Newspaper
once, post
on-site, mail
1st class
Zone Map AAmendment2 -
Resulting from ordinance
changes
15 45 None Newspaper
once
ZMA2 - Annexation w/
initial zoning
15 45 None Newspaper
once, post
on-site, mail
1st class
Variance -– Floodplain and,
zoning, and subdivision
15 45 200 Newspaper
once (zoning
2 times),
post on-site,
mail 1st
class
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Noticing for 76-2-402, MCA
claims
15 45 None Newspaper 2
times, post
on-site
Deviation 15 45 200 Newspaper 2
times, post
on-site, mail
1st class
Appeals of Administrative
Project Decisions3
15 45 2003 Newspaper 2
times, post
on-site, mail
1st class
Appeals of Administrative
Interpretations
None Newspaper
Sketch plan/reuse/change in
use/further development
None None None None
Sketch plans for adding
dwellings in the
neighborhood conservation
overlay district, demolition
of historic structures as
defined in article 7 of this
chapter, or modification of
wetlands. Sketch plan4
15 45 None Post on-site
Informal/concept plan None None None None
Preliminary site plan and
master site plan
15 45 200 Post on-site,
mail 1st
class
Preliminary Planned Unit
Development5
15 45 200 Newspaper 2
times, post
on-site, mail
1st class
Preliminary Conditional Use
Permit6 / Special Use
Permit13
15 45 200 Newspaper 2
times, post
on-site, mail
1st class
Floodplain permit 15 45 200 Newspaper,
mail 1st
class
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Certificate Of
Appropriateness7
None None None None
Final site plan None None None None
Final PUD plan None None None None
Final CUP plan None None None None
Subdivision exemption None None None None
Subdivision subject to 76-3-
616 including subdivision
variances
200 Post on-site,
mail 1st
class
Subdivision subject to 76-3-
623 including subdivision
variances
200 Newspaper ,
post on-site,
certified
mail to
adjacent
owners,
mail 1st
class all
others
1st minor subdivision
without variance -
preliminary plat/ Extensions
of subdivision approvals
beyond two years
15 45 200 Mail 1st
class
1st minor subdivision with
variance/2nd minor/major
subdivision/expedited
subdivision - Preliminary
plat
15 (Planning
Board)
45(Commission) 200 Newspaper8 ,
post on-site,
mail 1st
class9 ,
certified
mail10
Final plat None None None None
Notice of violation per
38.200.16011
15 45 None Post on-site,
cCertified
mail to
landowner
Notes:
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1. The distance from the exterior property boundary of the site to all or part of another
parcel of land whose owners must be notified of a governmental action. This distance
includes the width of a right-of-way or other public ownership.
2. Zone map amendment, division 38.260 of this chapter.
3. Posting and mailing only applies to appeals taken from actions to approve, approve
with conditions or deny a development proposal and not to appeals of administrative
interpretations.
4. Sketch plans for adding dwellings in the neighborhood conservation overlay district,
demolition of historic structures as defined in article 7 of this chapter, or modification
of wetlands.
5. Planned unit development, division 38.430 of this chapter.
6. Conditional use permit, division 38.230 of this chapter.
7. Certificate of appropriateness, division 38.340 of this chapter.
8. When newspaper notice is required the notice must be published in a newspaper of
general circulation. reserved
9. Mail by first class to all landowners within 200 feet except those subject to certified
mail. When a condominium includes land within the 200 foot distance all owners in the
condominium are included in the noticing, not only those units within 200 feet.
10. Certified mail must be sent to recorded purchasers under contract for deed in addition
to owners of physically contiguous property and the subdivider. reserved
11. Notices of violation subject to section 38.200.160.
12. Days prior to the close of the public comment period or public hearing unless
otherwise specified in this chapter.
13. Special use permit, section 38.230.120 of this chapter.
Section 12
That Division 38.240 Part 1 of the Bozeman Municipal Code be amended as follows:
DIVISION 38.240. SUBDIVISION PROCEDURES
Part 1. Subdivision and Platting Administrative Procedures
Sec. 38.240.010. Transfers of title.
A. Unless the plat is located in an area where the state or the city does not have jurisdiction, no
transfer of title may occur except as allowed in MCA 76-3-301, 76-3-302, and 76-3-303.
every final subdivision plat must be filed for record with the county clerk and recorder
before title to the subdivided land can be sold or transferred in any manner. After a
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preliminary subdivision plat has been approved or conditionally approved, the developer
may enter into contracts to sell lots in the proposed subdivision if all of the following
conditions are met:
1. Under the terms of the contracts, the purchasers of lots in the proposed subdivision
must make any payments to an escrow agent which must be a bank or savings and loan
association chartered to do business in the state;
2. Under the terms of the contracts and the escrow agreement, the payments made by
purchasers of lots in the proposed subdivision may not be distributed by the escrow
agent to the developer until the final plat of the subdivision is filed and of record with
the county clerk and recorder;
3. The contracts and the escrow agreement provide that if the final plat of the proposed
subdivision is not filed with the county clerk and recorder within two years of the
preliminary plat approval, the escrow agent must immediately refund to each purchaser
any payment made under the contract;
4. The county treasurer has certified that no real property taxes and special assessments
assessed and levied on the land to be divided are delinquent; and
5. The contracts must contain the following language conspicuously set out therein: "The
real property which is the subject hereof has not been finally platted, and until a final
plat identifying the property has been filed with the county clerk and recorder, title to
the property cannot be transferred in any manner."
B. Unless the plat is located in an area where the state or the city does not have jurisdiction, the
county clerk and recorder may not record any instrument that purports to transfer title to a
parcel or tract of land that is required to be surveyed by the Montana Subdivision and
Platting Act (MCA 76-3-101 et seq.) unless the required certificate of survey or subdivision
plat has been filed with the county clerk and recorder and the instrument of transfer
describes the parcel or tract by reference to the filed certificate or plat. This provision does
not apply if the parcel or tract to be transferred was created before July 1, 1973, and the
instrument of transfer for the parcel or tract includes a reference to a previously recorded
instrument of transfer or is accompanied by documents that, if recorded, would otherwise
satisfy the requirements of this subsection B. The reference or document must demonstrate
that the parcel or tract existed before July 1, 1973. However, these references or documents
do not constitute a legal description of the property and may not be substituted for a legal
description of the property.
Sec. 38.240.020. Effect of recording complying plat.
The recording of any plat made in compliance with the Montana Subdivision and Platting
Act (MCA 76-3-101 et seq.) has the effects established in MCA 76-3-304. serves to establish the
identity of all lands shown on and being a part of such plat. Where lands are conveyed by
reference to a plat, the plat itself or any copy of the plat, properly certified by the county clerk
and recorder as being a true copy thereof, must be regarded as incorporated into the instrument
of conveyance and must be received in evidence in all courts of this state.
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Sec. 38.240.030. Correction of errors, amendments or vacation of recorded final plats.
A. Correction of errors. Correction of errors by private parties that, in the opinion of the city,
will not materially alter the plat may be made by the submission of a corrected final plat for
the city's approval per 38.240.160. The plat may be filed under the procedures for first
minor subdivision plats. The plat must be entitled "amended plat of the (name of
subdivision) subdivision," and the reason for the correction must be stated on the face of the
plat.
B. Material alterations. Amendments that materially alter the final plat, or any portion thereof,
must be made by the filing of an amended plat showing all alterations. The amended plat
must be approved by the city under the major or minor subdivision review procedure as if it
were a new application, as is appropriate. Prior to such approval, the amended plat must be
reviewed by the community development department. The city may not approve an
amendment which will place the plat in nonconformance with any applicable the standards
contained herein unless a public hearing is held on the plat and a written variance from the
standards approved issued pursuant to the procedures contained herein for such variances is
granted. The plat must be entitled "amended plat of (the name) subdivision," and the reason
for the amendment must be stated on the face of the plat.
C. Vacating recorded plats. Any plat prepared and recorded as provided by this chapter may be
vacated, in whole or in part, as provided by MCA 76-3-305. by MCA 7-5-2501, 7-5-2502,
7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the
city, or the district court, as provided in MCA 7-5-2502, must determine to which properties
the title to the streets and alleys of the vacated portions must revert. The city, or the district
court, as provided in MCA 7-5-2502, must take into consideration the previous platting; the
manner in which the right-of-way was originally dedicated, granted or conveyed; the
reasons stated in the petition requesting the vacation; the parties requesting the vacation;
and any agreements between the adjacent property owners' regarding the use of the vacated
area. The title to the streets and alleys of the vacated portions may revert to one or more of
the owners of the properties within the platted area adjacent to the vacated portions.
1. Utility easements. When any poleline, pipeline or any other public or private facility is
located in a vacated street or alley at the time of the reversion of the title to the vacated
street or alley, the owner of the public or private utility facility has an easement over
the vacated land to continue the operation and maintenance of the public or private
utility facility.
Sec. 38.240.040. Correction of recorded plat by governing body.
When a recorded plat does not definitely show the location or size of lots or blocks, or the
location or width of any street or alley, the city may at its own expense cause a new and correct
survey and plat to be made and recorded in the office of the county clerk and recorder. The
corrected plat must, to the extent possible, follow the plan of the original survey and plat. The
surveyor making the resurvey must endorse the corrected plat referring to the original plat, and
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noting the defect existing therein and the corrections made.Under the circumstances set in MCA
76-3-614 the City Commission may require correction of a recorded plat.
Sec. 38.240.050. Disposition of water rights.
A. When a subdivision creates parcels with lot sizes averaging less than five acres, the
developer must address disposition of water rights as required in MCA 76-3-504.:
1. Reserve all or a portion of the appropriation water rights owned by the owner of the
land to be subdivided and transfer the water rights to a single entity for use by the
landowners within the subdivision who have a legal right to the water and reserve and
sever any remaining surface water rights from the land;
2. If the land to be subdivided is subject to a contract or interest in a public or private
entity formed to provide the use of a water right on the subdivision lots, establish a
landowner's water use agreement administered through a single entity that specifies
administration and the rights and responsibilities of landowners within the subdivision
who have a legal right and access to the water; or
3. Reserve and sever all surface water rights from the land proposed for subdivision.
Section 13
That Division 38.240 Part 2 of the Bozeman Municipal Code be amended as follows:
DIVISION 38.240. SUBDIVISION PROCEDURES
Part 2. Review Procedures for Subdivisions
Sec. 38.240.100. General review procedure.
Every plat of subdivision must be reviewed, approved by the City Commission and filed for
record with the county clerk and recorder in accordance with the procedures contained herein
before title to the subdivided land can be sold or transferred in any manner. The applicant must
identify the review procedure they intend to use as part of the initial application for preliminary
plat. When determining the number of lots in a subdivision all created parcels including park and
utility lots count towards the total number of lots. Subdivisions containing six or more lots are
considered major subdivisions. A subdivision containing five or fewer lots, in which proper
access to all lots is provided and in which no land is to be dedicated to public use for parks and
playgrounds, is a minor subdivision.
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Subdivision
Type
Pre-
application
Review
Required
Element and
Sufficiency
Review
Required
Preliminary
Plat Review
Period After
Sufficiency
Public
Hearing Held
By
Review
Authority
Expedited Subdivision per 76-3-623
All Type Yes Yes 35 working
days
City
Commission
City
Commission
Subdivisions Subject to 76-3-616
1st Minor Yes Yes 35 working
days
None City
Commission
2nd or
Subsequent
Minor
Yes Yes 60 working
days
None City
Commission
Major – 6-50
lots
Yes Yes 60 working
days
None City
Commission
Major >50
lots
Yes Yes 80 working
days
None City
Commission
Phased Development Per 76-3-617 MCA
Any Type Yes Yes 30 working
days
City
Commission
City
Commission
Sec. 38.240.110. Presubmittal meeting and pPre-application plan review.
A. The purpose of a pre-application plan review is to discuss this chapter and these other
applicable standards, to familiarize the developer with the standards, goals and objectives of
applicable plans, regulations and ordinances, and to discuss the proposed subdivision as it
relates to these matters.
1. Minor All subdivisions. Prior to the submittal of a subdivision application for a minor
subdivision, the developer must submit an application for subdivision pre-application
review.
2. Major subdivisions. Prior to the submittal of a subdivision application for a major
subdivision, the developer must submit an application for subdivision pre-application
review. The developer is encouraged to have a presubmittal meeting with the
community development department prior to submitting a subdivision pre-application.
23. Pre-application plan review. For subdivision pre-application review, the developer
must submit a complete application for pre-application plan review, the appropriate
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review fee, and copies of all required pre-application information as set forth in section
38.220.030.
a. Community development department City review. The community development
department coordinates the review within the City and with outside agencies. must
review the pre-application plan and advise the developer as to whether the plans
and data meet the goals and objectives of applicable plans and this chapter.
(1) Agency review. The community development department will distribute the
pre-application information to appropriate county and city departments and
state and federal agencies for review and written comment. All written
comments received from various agencies, along with the community
development department's comments regarding whether the plans and data
meet the standards, goals and objectives of applicable plans, ordinances, and
this chapter, and for informational purposes identification of local
regulations, state laws, and growth policy provisions that may apply to the
subdivision process, will be forwarded to the applicant to aid in the
preparation of the subdivision application. The community development
department must provide a list of the public utilities, agencies of government,
and other parties who may be contacted and their timeframes for comment
on the subdivision application. The comments collected by the community
development department must be provided in person or by letter to the
subdivider or their agent within 30 working days of a complete application
being received by the city. The 30 working day review period is met if the
letter is dated, signed and placed in the outgoing mail within the 30 working
day review period.
(2). The applicant may request a waiver from information required to be
submitted with a preliminary plat. In order to be granted a waiver the
applicant must include with the submission of the subdivision pre-
application a written statement describing the requested waiver and the
reasons upon which the request is based. All waivers must be initially
identified with the pre-application stage of review. The DRC is responsible
for granting waivers, and the community development department staff must
notify the developer in writing of any waivers granted from section
38.220.060 after the pre-application review. Information not waived at the
time of pre-application must be provided with the preliminary plat
application.
(32) Time for review. The community development department must review the
pre-application plan and within 30 working days advise the developer as to
whether the plans and data meet the goals and objectives of applicable plans
and this chapter. Every effort must be made by the community development
department to obtain department and agency comment within this time
period.
b. Optional planning board review. If the developer so wishes, the developer may
request in writing that the planning board review pre-application plans. The letter
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of request and additional copies of the pre-application materials are required for
this optional review.
(1) The request must be received at least 320 working days prior to the planning
board meeting at which it is to be considered. The application will be
submitted to the planning board at their next available meeting. A copy of
the approved minutes of the planning board meeting will be forwarded to the
developer. Comments are advisory and are not binding or limiting on the
City’s review of any subsequent subdivision application.
c. Time for follow-up submittal. A complete subdivision preliminary plat application
must be submitted to the community development department within one calendar
year of the date the planning office dates, signs and places the letter in the
outgoing mail or sends the letter via electronically mail.
d. The property owner will not receive No formal written notification on the
acceptability or adequacy of a subdivision pre-application plan submittal is
provided. Written comments as to applicability of standards, requested waivers,
required corrections, and procedures will be provided at the conclusion of the
review. Written comments may be provided electronically.
Sec. 38.240.120. Concurrent Montana Subdivision and Platting Act and Sanitation and
Subdivision Act review.
For Sanitation and Subdivision Act review, the developer has the option of submitting a
state department of environmental quality (DEQ)/local government joint application form in the
place of a preliminary plat application form, and to request concurrent subdivision review by the
state department of environmental quality and the city, pursuant to MCA 76-4-129. Subdivisions
granted the exemption from sanitation review authorized in MCA 76-4-127 do not need to use
this provision.
Sec. 38.240.130. Preliminary plat – All Subdivisions Agency Review.
A. After the requirement for a pre-application review has been satisfied, the developer may
submit a subdivision application within one year of the date of the city's written comments
as required by section 38.240.110.A.3.a(2). Subdivision applications must be submitted,
along with the appropriate review fee and all required subdivision application information
as set forth in division 38.220 of this chapter to the community development department and
must conform to the requirements of this chapter. The preliminary plat must be prepared by
a surveyor licensed to practice in the state.
1. Acceptability and adequacy Element and sufficiency review of application. The City
shall complete the review for required elements and sufficiency as required in MCA
76-3-604. The working days specified in 76-3-604 are met if the written
communication is dated and placed in the outgoing US mail, or sent electronically,
within the required time. The time limits in subsections 1.a and b of this section apply
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to each successive submittal of the application until a determination is made that the
application contains the required materials and is adequate for review and the
subdivider or their agent is notified.
a. The community development department must review a subdivision application
within five working days of receipt of the application and applicable fee. A
subdivision application is considered to be received on the date of delivery to the
reviewing agency if it is accompanied by the applicable review fee. An
application is acceptable only if it contains all of the information required by this
chapter. If the application is unacceptable, the application, and a written
explanation of why the application is unacceptable will be returned to the
subdivider. If the application is acceptable the subdivider must be so notified. The
property owner may designate in writing another party to receive notifications
regarding acceptability. The five working day review period is met if the letter is
dated, signed and placed in the outgoing mail within the five working day review
period. If the applicant chooses to withdraw the application, the applicant may
request a refund if procedures for such have been created in the administrative
manual adopted by the director of community development. Subsequent
resubmittal must require payment of a review fee as if it were a new application.
b. After the application is deemed acceptable it must be reviewed for adequacy. The
review for adequacy must be conducted by the appropriate agency with expertise
in the subject matter. The adequacy review period begins on the next working day
after the date that the community development department determines the
application is acceptable and sends the required notice to the subdivider; and must
be completed within not more than 15 working days. The 15 working day review
period is met if the letter is dated, signed and placed in the outgoing mail within
the 15 working day review period. If the application is inadequate, a written
explanation of why the application is inadequate will be returned to the
subdivider. If the application is adequate the subdivider must be so notified. The
property owner may designate in writing another party to receive notifications
regarding adequacy.
(1) The City must notify the applicant if required information is missing from the
application. In the event the missing information is not received by the city and
the applicant has not provided an alternate schedule for timely submittal of the
required information within 15 30 working days of notification to the subdivider
of inadequacy, the City may declare the application unreviewable and terminate
the review. all application materials except the city's file record copy must be
returned to the subdivider or their representative. Subsequent resubmittal will
require payment of a review fee as if it were a new application.
(12) A determination that an application is adequate does not restrict the city from
requesting additional information during the subdivision review process. A
determination of adequacy establishes the applicable review criteria as
specified in section 38.200.080.A.
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c. At the time of the pre-application review, Tthe DRC may grant reasonable
waivers from submittal of application materials required by these regulations
where it is found that these regulations allow a waiver to be requested and
granted. If in the opinion of the final approval authority the waived materials are
necessary for proper review of the development, the materials must be provided
before review is completed.
2. Review by affected agencies. After an application is deemed acceptable, the community
development department may submit copiesprovide the contents of the preliminary plat
and supplementary information to relevant public utilities and public agencies for
review and comment, and for major subdivisions to the planning board for its advice
pertaining to the approval or denial of the subdivision application. Review by public
agencies or utilities must not delay the city commission's consideration of the
subdivision application beyond the statutorily specified review period. If the
community development department must request review by a public utility, agency of
government, and other parties regarding the subdivision application that was not
identified during the pre-application review the community development department
must notify the subdivider.
38.240.140 Subdivision Notice and Public Comment
A. All subdivisions require notice and opportunity for public comment. Not all
subdivisions require a public hearing. Notice of subdivision is provided as required in
38.220 Part 3.
a1. Public testimony. All written public comment received at or prior to a public hearing or
during a public comment period must be incorporated into the written record of the
review. Minutes or a recording must be taken of verbal comment received during any
public hearing or public meeting.
23. Planning board review. At a regularly noticed public meetinghearing, the planning
board must reviews all major subdivision applications as identified in 38.240.100,
together with required supplementary plans and information, and determines whether
the plat is in compliance with the city's growth policy. The planning board must hold a
public hearing on all major subdivisions. Pursuant to MCA 76-1-107, the planning
board has delegated its review of all minor subdivisions from a tract of record to the
community development director.
a. Public testimony. All written public comment received at or prior to a public
hearing must be incorporated into the written record of the review. Minutes must
be taken of verbal comment received during the public hearing or public meeting
before the planning board and must be incorporated into the written record of the
review. Copies of the minutes and written comments must be included in any
recommendation made to the city commission by the planning board.
b. Planning board recommendation. Within ten working days of their review, the
planning board must submit in writing to the city commission its advice
regarding compliance with the city's growth policy, and a recommendation for
approval, conditional approval or denial of the subdivision application.
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3. If an applicant proposes a phased subdivision per 76-3-617 MCA additional public
notice and hearing consistent with 76-3-617 MCA must be conducted.
4. Community development director review. The community development director must
review all minor subdivision applications, together with required supplementary plans
and information, and determine whether the plat is in compliance with the city's growth
policy. The community development director must make a written recommendation
including a summary of the agency review and analysis of the review criteria
established in this chapter and a recommendation for approval, conditional approval or
denial of the subdivision application.
a. Public testimony. All written public comment received during the community
development director's review must be incorporated into the written record of the
review. Copies of written comments must be included in any recommendation
made to the city commission by the community development director.
5.38.240.150 City commission review and action.
A. The city commission must review and take action on all proposed subdivisions.
1a. The following general review requirements for a public hearing or a public
meeting, and for statutory review periods, per 38.240.100 must be met.:
2. The city commission must determine whether public comments or documents
presented at or prior to the City Commission’s consideration of a plat constitutes
new information as required in MCA 76-3-615.
(1) First minor subdivision created from a tract of record. The city commission
must consider the subdivision application and the community development
director's recommendation during a regular public meeting of the
commission. The city commission, when legal and physical access is
provided to all lots must approve, conditionally approve or deny the
subdivision application of a first minor subdivision within 35 working days
of the determination that the application is adequate, unless there is a written
extension from the developer for a period not to exceed one year from the
date the application was determined to be adequate. A minor subdivision
must be reviewed as a second or subsequent minor subdivision if the tract
has been previously subdivided or created by a subdivision; or the tract has
descended from a tract of record which has previously been divided by
exemption or other means into 6 or more tracts of record since July 1, 1973.
3. (a) Variance requests for minor subdivisions. If the developer of a minor
subdivision is requesting a variance from any requirement of this chapter, the
procedures of section 38.250.080 must be followed except that a public
hearing must not be held.
(2) Subdivisions eligible for summary review. The city commission must
consider the application and the community development director's
recommendation during a regular public meeting of the commission. The city
commission must approve, conditionally approve or deny a proposed
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subdivision that is eligible for summary review within 35 working days of
determination that the application is adequate, unless there is a written
extension from the developer. TheA written extension to the required review
period may not exceed one year. Minor subdivisions are eligible for
summary review if the plat has been approved by the state department of
environmental quality whenever approval is required by MCA 76-4-101 et
seq.
(3) Second or subsequent minor subdivision created from a tract of record. For
the second or subsequent minor subdivision created from a tract of record,
the city commission must hold a public hearing on the subdivision
application. The city commission must approve, conditionally approve or
deny the subdivision application of a second or subsequent minor
subdivision within 60 working days of the determination that the application
is adequate for review, unless there is a written extension from the developer,
not to exceed one year from the date the application was determined to be
adequate.
(4) Major subdivisions. For a major subdivision, the city commission must hold
a public hearing on the subdivision application. The city commission must
approve, conditionally approve or deny the subdivision application within 60
working days of the determination that the application is adequate for review
if the subdivision has less than 50 lots, and within 80 working days of the
determination that the application is adequate for review if the subdivision
has 50 or more lots, unless there is a written extension from the developer,
not to exceed one year from the date the application was determined to be
adequate.
(5) Public testimony. All written public comment received at a public meeting or
public hearing prior to a decision to approval, approve with conditions, or
deny a subdivision application must be incorporated into the written record
of the review. Minutes must be taken of verbal comments received during the
public hearing before the city commission and must be incorporated into the
written record of the review maintained by the city.
(6) New and credible information. The city commission must determine whether
public comments or documents presented to the city commission at a public
hearing regarding a subdivision application held pursuant to section
38.240.130.A.5 constitute:
(a) Information or analysis of information that was presented at a
public hearing held pursuant to section 38.240.130.A.5 that the
public has had a reasonable opportunity to examine and on which
the public has had a reasonable opportunity to comment; or
(b) New information regarding a subdivision application that has never
been submitted as evidence or considered by either the city
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commission, planning board or by city staff at a hearing during
which the subdivision application was considered.
(c) If the city commission determines that the public comments or
documents constitute new information not previously considered at
a public hearing, the city commission may:
(i) Approve, conditionally approve, or deny the proposed
subdivision without basing its decision on the new
information if the governing body determines that the new
information is either irrelevant or not credible; or
(ii) Schedule or direct its agent or agency to schedule a
subsequent public hearing before the city commission for
consideration of only the new information that may have an
impact on the findings and conclusions that the governing
body will rely upon in making its decision on the proposed
subdivision.
(iii) In deciding whether the information is both new and credible
the city commission must consider:
(A) Whether the topic of the information has previously been
examined or available for examination at a public
hearing on the subdivision application;
(B) Whether the information is verifiable, and if applicable
developed by a person with professional competency in
the subject matter;
(C) Whether the information is relevant to a topic within the
jurisdiction of the city.
(d) If a subsequent public hearing is held to consider new and credible
information, the 60 working day review period required in section
38.240.130.A.5 is suspended and the new hearing must be noticed
and held within 45 working days of the governing body's
determination to schedule a new hearing. After the new hearing,
the otherwise applicable time limit for review resumes at the
governing body's next scheduled public meeting for which proper
notice for the public hearing on the subdivision application can be
provided. The governing body may not consider any information
regarding the subdivision application that is presented after the
hearing when making its decision to approve, conditionally
approve, or deny the proposed subdivision.
B.b. Criteria for city commission action. The basis for the city commission's decision
to approve, conditionally approve or deny the subdivision must be whether the
subdivision application, public hearing if required, planning advisory boards and
agencies advice and recommendation and additional information demonstrates
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that development of the subdivision complies with this chapter, the city's growth
policy, the Montana Subdivision and Platting Act and other adopted state and
local ordinances, including, but not limited to, applicable zoning requirements.
The city commission may not deny approval of a subdivision based solely on the
subdivision's impacts on educational services; or based solely on parcels within
the subdivision having been designated as wildland-urban interface parcels by the
most recent city-adopted hazard mitigation plan and its supporting documentation.
When deciding to approve, conditionally approve or deny a subdivision
application, the city commission must:
1.(1) Review the preliminary plat, together with required supplementary plans and
information, to determine if it meets the requirements of this chapter, the
development standards and policies of the city, the city's growth policy, the
Montana Subdivision and Platting Act, and other adopted state laws and
local ordinances, including but not limited to applicable zoning requirements.
2.(2) Consider written comments from appropriate public agencies, utilities or
other members of the public.
3.(3) Consider the following:
(a.) Relevant evidence relating to the public health, safety and welfare;
(b.) Other regulations, code provisions or policies in effect in the area
of the proposed subdivision;
(c.) The recommendation of the advisory bodies; and
(d.) Any relevant public commenttestimony.
e. Individual phases, existing conditions, and changed circumstances
for any phase reviewed under 76-3-617 MCA.
4.(4) When the subdivision does not qualify, pursuant to MCA 76-4-125(2), for
the certification established in section 38.240.170100 the city commission
may conditionally approve or deny a proposed subdivision as a result of the
water and sanitation information provided pursuant to section
38.220.050.A.9. or public comment received pursuant to MCA 76-3-604 on
the information provided pursuant to section 38.220.050. A conditional
approval or denial must be based on existing subdivision, zoning, or other
regulations that the city commission has the authority to enforce.
5.(5) The city may not approve a proposed subdivision if any of the features and
improvements, including well isolation zones, of the subdivision encroach
onto adjoining private property in a manner that is not otherwise provided for
under Title 76, chapters 3 or 4, MCA., or if the well isolation zone of any
proposed well to be drilled for the proposed subdivision encroaches onto
adjoining private property unless the owner of the private property authorizes
the encroachment. For the purposes of this section, "well isolation zone" has
the meaning provided in 76-4-102, MCA.
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c. City commission action. If the city commission denies or conditionally approves
the subdivision application, it must forward one copy of the plat to the developer
accompanied by a letter over the appropriate signature stating the reason for
disapproval or enumerating the conditions that must be met to ensure approval of
the final plat. This written statement must include:
(1) The reason for the denial or condition imposition;
(2) The evidence that justifies the denial or condition imposition; and
(3) Information regarding the appeal process for the denial or condition
imposition.
dC. Mitigation. The city commission may require the developer to design the
subdivision to reasonably minimize potentially significant adverse impacts
identified through the review required by this chapter. The city commission must
issue written findings to justify the reasonable mitigation required by this chapter.
The city commission may not unreasonably restrict a landowner's ability to
develop land, but it is recognized that in some instances the unmitigated impacts
of a proposed development may be unacceptable and will preclude approval of the
plat. When requiring mitigation under this subsection, the city commission must
consult with the developer and must give due weight and consideration to the
expressed preference of the developer.
eD. Findings of fact. Within 30 working days of the final action to approve, deny, or
approve with conditions a subdivision, the city commission must issue written
findings of fact as required in 76-3-620 that discuss and weigh the following
applicable criteria, as applicable ( pursuant to MCA 76-3-608, 76-3-616, and 76-
3-623): as well as compliance with other laws and regulations applicable to the
subdivision.
1.(1) Criteria.
a.(a) Compliance with the survey requirements of the Montana
Subdivision and Platting Act;
b.(b) Compliance with this chapter and the review process of these
regulations;
c.(c) The provision of easements to and within the subdivision for the
location and installation of any necessary utilities;
d.(d) The provision of legal and physical access to each parcel within the
subdivision and the notation of that access on the applicable plat
and any instrument transferring the parcel; and
e.(e) For major subdivisions other than expedited or otherwise exempt
subdivisions, the findings of fact must also address the effect on
agriculture, agricultural water user facilities, local services, the
natural environment, wildlife and wildlife habitat, and public
health and safety.
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(2) Required components. The written findings of fact must contain at a
minimum:
(a) Information regarding the appeal process for the denial or
imposition of conditions;
(b) The regulations and statutes used in reaching the decision to deny
or impose conditions and explains how they apply to the decision;
(c) The facts and conclusions that the governing body relied upon in
making its decision to deny or impose conditions. The documents,
testimony, or other materials that form the basis of the decision and
support the conclusions of the governing body may be incorporated
into the written findings by reference.
(3) Federal or state governmental entity input. If a federal or state governmental
entity submits a written or oral comment or an opinion regarding wildlife,
wildlife habitat, or the natural environment relating to a subdivision
application for the purpose of assisting a governing body's review, the
comment or opinion may be included in the governing body's written
statement under this section only if the comment or opinion provides
scientific information or a published study that supports the comment or
opinion. A governmental entity that is or has been involved in an effort to
acquire or assist others in acquiring an interest in the real property identified
in the subdivision application must disclose that the entity has been involved
in that effort prior to submitting a comment, an opinion, or information as
provided in this subsection.
hF. Changes to conditions after approval. Upon written request of the developer, the
city commission may amend conditions of subdivision application approval where
errors or changes beyond the control of the developer have rendered a condition
unnecessary, impossible or illegal. Changes to conditions that are not
unnecessary, impossible or illegal are subject to the provisions of section
38.100.070.
(1) The written request must be submitted to the community development
department.
(2) The written consent of all purchasers of land (via contract for deed, etc.)
must be included with the written request to amend conditions.
(3) If it is an application for a major subdivision, the city commission must
conduct a public hearing on the request. If it is an application for a minor
subdivision, the city commission must consider the request at a regularly
scheduled meeting.
(a) If a public hearing is held, public notice of the hearing must be
given in accordance with this chapter.
(4) The city commission may approve the requested change if it meets the
criteria set forth in this chapter.
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(5) The city commission must issue written findings of fact as required in this
chapter.
38.240.160. Duration of Approval
Af. Initial subdivision application approval period. Upon approving or conditionally
approving a subdivision application, the city commission must provide the
developer with a dated and signed findings of fact and order. This initial approval
must be in force for not more than:
1.(1) One calendar year for minor subdivisions;
2.(2) Two calendar years for single-phased major subdivisions; and
3.(3) Three calendar years for multi-phased major subdivisions after the date of
the findings of fact and order.
4. At the end of thise period, the city may, at the written request of the
developer, extend its approval for a mutually agreed-upon period of time.
5. Subdivisions reviewed under 76-3-617 MCA may not exceed a cumulative
period for all phases to exceed 20 years.
Bg. Extensions of preliminary plat approval period. Any mutually agreed upon
extension must be in writing and dated and signed by the subdivider or their
authorized agent and by the city commission or their authorized agent. More than
one extension may be requested for a particular subdivision. Each request is
considered on its individual merits. An extension of the subdivision approval
under this chapter does not extend other city or non-city agency approvals, e.g. for
design of infrastructure extensions, necessary to complete the project. Review
authority for extensions is established in division 38.220. When evaluating an
extension request, the city must consider:
1.(1) Changes to the development regulations since the original approval and
whether the subdivision as originally approved is substantially compliant
with the new regulations;
2.(2) Progress to date in completing the subdivision as a whole and any phases,
including maintenance of the remainder of the site in good condition;
3.(3) Phasing of the subdivision and the ability for existing development to
operate without the delayed development;
4.(4) Dependence by other development on any public infrastructure or private
improvements to be installed by the subdivision;
5.(5) Demonstrated ability of the subdivider to complete the subdivision;
6.(6) Whether mitigation for impacts of the subdivision identified during the
preliminary plat review and findings of fact and order remain relevant,
adequate, and applicable to the present circumstances of the subdivision and
community.
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h. Changes to conditions after approval. Upon written request of the developer, the
city commission may amend conditions of subdivision application approval where
it can be found that errors or changes beyond the control of the developer have
rendered a condition unnecessary, impossible or illegal. Changes to conditions
that are not unnecessary, impossible or illegal are subject to the provisions of
section 38.100.070.
(1) The written request must be submitted to the community development
department.
(2) The written consent of all purchasers of land (via contract for deed, etc.)
must be included with the written request to amend conditions.
(3) If it is an application for a major subdivision, the city commission must
conduct a public hearing on the request. If it is an application for a minor
subdivision, the city commission must consider the request at a regularly
scheduled meeting.
(a) If a public hearing is held, public notice of the hearing must be
given in accordance with this chapter.
(4) The city commission may approve the requested change if it meets the
criteria set forth in this chapter.
(5) The city commission must issue written findings of fact as required in this
chapter.
Sec. 38.240.170140. Notice of certification that water and waste services will be provided by
local government.
A. If the developer is proposing to request an exemption from the department of environmental
quality (DEQ) for infrastructure plan and specification review, the subdivision application
must include a written request from the developer's professional engineer, licensed in the
state, that indicates the intent to request the exemption, and details the extent of water,
sewer and stormwater infrastructure that will be completed prior to final plat approval. A
detailed preliminary stormwater drainage plan must also be submitted with the written
request. The director of public works must, prior to final plat approval, send notice of
certification to the DEQ per MCA 76-4-127.
1. The notice of certification must include the following:
a. The name and address of the applicant;
b. A copy of the preliminary plat included with the application for the proposed
subdivision or a final plat where a preliminary plat is not necessary;
c. The number of proposed parcels in the subdivision;
d. A copy of any applicable zoning ordinances in effect;
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e. How construction of the sewage disposal and water supply systems or extensions
will be financed;
f. Certification that the subdivision is within a jurisdictional area that has adopted a
growth policy pursuant to title 76, chapter 1, Montana Code Annotated (MCA 76-
1-101 et seq.) and a copy of the growth policy, when applicable;
g. The relative location of the subdivision to the city;
h. Certification that adequate municipal facilities for the supply of water and
disposal of sewage and solid waste are available or will be provided within the
time provided in MCA 76-3-507;
i. If water supply, sewage disposal or solid waste facilities are not municipally
owned, certification from the facility owners that adequate facilities are available;
and
j. Certification that the city commission has reviewed and approved plans to ensure
adequate stormwater drainage.
Sec. 38.240.150180. Final plat application.
A. After the conditions of preliminary approval and the requirements for the installation of
improvements have been satisfied, the developer must cause to be prepared a final plat. The
final plat must conform to the uniform standards for final subdivision plats as set forth in
24.183.1107 ARM as may be amended and to the standards required by the county clerk
and recorder. The applicant is responsible to verify that they are complying with the most
recently adopted clerk and recorder standards. Plans and data must be prepared under the
supervision of a registered surveyor, licensed in the state, as their licensing laws allow.
1. Final plat submittal. The final plat and all supplementary documents must be submitted
to the community development department at least 30 working days prior to the
expiration of subdivision application approval or any extension thereto. The submittal
must include a final plat application form, the appropriate review fee, all information
required by section 38.220.070 and a written explanation of how each of the conditions
of subdivision application approval has been satisfied.
a. The final park plan, if one is associated with the plat, must be reviewed and
approved, after a recommendation from the city recreation and parks advisory
board, prior to approval of or simultaneously with the final plat. The installation
of any park improvements to meet minimum development standards or conditions
of approval must comply with division 38.270 of this chapter.
2. County treasurer certification. A final plat will not be accepted as complete until the
county treasurer has certified that no real property taxes and special assessments
assessed and levied on the land to be subdivided are delinquent.
3. Review of abstract subdivision guarantee, deeds, and covenants.
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a. With the final plat, the developer must submit to the community development
department a certificate of a licensed title abstractorsubdivision guarantee
showing the names of the owners of record of the land to be subdivided and of
any off-site land used to satisfy parkland dedication requirements, and the names
of lienholders or claimants of record against the land, and the written consent to
the subdivision by the owners of the land, if other than the developer, and any
lienholders or claimants of record against the land. The certificate of licensed title
abstractor must be dated no earlier than 30 calendar days prior to submittal. If
necessary, the subdivision guarantee certificate must be updated so that the
subdivision guaranteecertificate is dated no earlier than 90 days prior to the city
commission's action on the final plat.
b. Covenants must be submitted to the community development department with the
final plat application. At least 30 working days prior to submission of the final
plat application to the community development department, the developer must
submit a copy of the covenants to the city attorney's office.
c. If an improvements agreement will be required per section 38.270.060 then the
proposed associated financial security must be provided for review and approval
at least 30 working days prior to submission of the final plat application for
review by the city attorney.
d. Transfer of ownership of public land, off-site land, private land, personal
property, improvements and water rights; documents required.
(1) For the transfer of real property in satisfaction of required or offered
dedications to the city, and required or offered donations or grants to the
property owners' association (POA), the subdivider or owner of the property
must submit with the application for final plat a warranty deed or other
instrument acceptable to the city attorney transferring fee simple ownership
to the city or the POA.
(2) For the transfer of personal property installed upon dedicated parkland or
city-owned open space, or POA-owned parkland or open space, the
subdivider must provide the city an instrument acceptable to the city attorney
transferring all its rights, title and interest in such improvements including all
applicable warranties to such improvements to the city or the POA.
(3) The subdivider or owner of the property must record the deed or instrument
transferring ownership or interests at the time of recording of the final plat
with the original of such deed or instrument returned to the city or POA as
applicable.
(4) For the transfer of ownership interest in water, the subdivider or owner of the
property must submit with the application for final plat a deed or other
instrument acceptable to the city attorney transferring ownership to the city
or POA, along with all required state department of natural resources and
conservation documentation, certification and authorization.
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d. Certificates.
(1) Public lands/improvements must be described in the certificate of
dedication/consent, listed in the certificate of completion, and be completed
or subject to an improvements agreement.
(2) Private lands/improvements must be described and addressed in the
certificate of donation/grant and completion of private improvements, be
completed or subject to an improvements agreement.
4. Review by the community development department. The community development
department will then review the final plat application to ascertain verify that all
conditions and requirements for final approval have been met. If all conditions and
requirements for final approval have been met, the community development
department must forward a report to the city commission for their action.
5. Final plat approval. The review authority city commission must examine every final
plat, and within 45 working days of the date of receipt of a complete final plat
application to the community development department, must approve it if it conforms
to the conditions of preliminary approval and the terms of this chapter. "Date of
receipt" means the date of delivery of all fully executed required documents to the
reviewing agency if accompanied by the applicable review fee. The city commission
must examine every final plat at a regular meeting.
A final subdivision plat is not may not be approved by the city unless all certificates,
with the exception of the director of public workscertificates to be signed by applicable
city officers and the county clerk and recorder, have been complied with, signed and
notarized and all subdivision regulations and conditions of preliminary plat approval
have been met. A final subdivision plat may not be filed with the county clerk and
recorder unless all certificates, with the exception of the county clerk and recorder,
have been complied with, signed and notarized. This shall include the certification by
the county treasurer that no real property taxes and special assessments assessed and
levied on the land to be subdivided are delinquent. A final subdivision plat may not be
approved by the review authority city commission or filed by the county clerk and
recorder unless it complies with the uniform standards for final subdivision plats as
established 24.183.1107, ARM as may be amended and as required by the Gallatin
County Clerk and Recorder.
a. If the final plat is approved, the city officer director of public service shallmust so
certify the approval in a printed certificate on the plat.
b. If the final plat is denied, the city commission shall cause a letter to be written to
the developer stating the reasons therefore.
6. Filing. The developer must file the approved, signed final plat and all other required
certificates and documents with the county clerk and recorder within 60 days of the
date of final approval.
7
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Sec. 38.240.190160. Changes to filed subdivision plats.
Changes to a filed subdivision plat must be filed with the county clerk and recorder as an
amended plat. An amended plat may not be filed unless it meets the filing requirements for a
final subdivision plat specified in these regulations.
Section 14
That Division 38.240 Part 3 of the Bozeman Municipal Code be amended as follows:
Part 3. Land DSubivisions Created by Rent or Lease and Buildings For Lease Or Rent
Sec. 38.240.200. General.
A. Land subdivisions created by rent or lease, rather than sale, refer to areas that provide
multiple spaces for manufactured homes, mobile homes or recreational camping vehicles
regardless of the size of the area or whether the spaces will be made available for rent by the
general public for a fee. The land must be owned as one parcel under single ownership,
which can include a number of persons owning the property in common. Subsequent action
to sell interests in less than the entirety of the development may necessitate review under
Parts 5 and 6 of the Montana Subdivision and Platting Act prior to any sale. Land
subdivisions created by rent or lease are not subject to this division 38.240 or the Montana
Subdivision and Platting Act if:
Rent or lease of buildings or portions of buildings otherwise subject to Title 76 Part 8, MCA
are exempt from review under 76-8 MCA since the City has adopted the necessary zoning
to apply the exemption authorized in 76-8-103, MCA.
B. Per 76-3-103(16) MCA, development for rent or lease for recreational camping vehicles or
manufactured homes, rather than sale of parcels of land is also considered a subdivision and
subject to review procedures for subdivision.
1. They are developed on property which has been subdivided in compliance with Parts 5
and 6 of the Montana Subdivision and Platting Act or which have a boundary
documented by a certificate of survey recorded after July 1, 1973; and
2. They are reviewed as a site plan, conditional use permit, or planned unit development
as described and authorized under this chapter; and
3. They comply with the adopted zoning regulations and other land development
standards adopted by the city.
B. DPHHS license. If a land subdivision by rent or lease, that will provide multiple spaces for
manufactured homes, mobile homes or recreational camping vehicles is also a
"campground," "trailer court," "work camp," or "youth camp" as defined below, the city
must not grant final approval until the developer obtains a license for the facility from the
state department of public health and human services (DPHHS) under MCA tit. 50, ch. 52.
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1. "Campground" means a parcel of land available to and principally used by the public
for camping, where persons can camp, secure tents or cabins, or park trailers for
camping and sleeping purposes.
2. "Trailer court" means a parcel of land upon which two or more spaces are available to
the public and designated for occupancy by trailers, manufactured homes or mobile
homes for use as residences. The term does not include a parcel composed of platted
lots, if each lot:
a. Is filed with the county clerk and recorder;
b. Contains only one trailer space; and
c. Is served by a public water supply system and public sewage system that meet the
requirements of rules for systems adopted pursuant to MCA tit. 75, ch. 6, pt. 1,
and that are located within the boundaries of the City of Bozeman.
3. "Work camp" means a parcel of land on which housing is provided by a person for two
or more families or individuals living separately, for the exclusive use of the
employees of the person and the families, if any, of the employees. For purposes of this
subsection, "housing" includes but is not limited to camping spaces; trailer parking
spaces; manufactured, mobile, modular or permanent barracks or structures; and any
appurtenant water supply and distribution system, sewage collection and disposal
system, solid waste collection and disposal system, or food service and dining
facilities. Housing does not include shelter provided by an employer for persons who
are employed to perform agricultural duties on a ranch or farm.
4. "Youth camp" means a parcel of land on which permanent buildings, tents or other
structures are maintained as living quarters for ten or more people and that is used
primarily for educational or recreational use by minors. The term includes any
appurtenant water supply and distribution system, sewage collection and disposal
system, solid waste collection and disposal system, or food service and dining
facilities.
C. Surveying and filing requirements exemption. Land subdivisions created by rent or lease are
exempt from the surveying and filing requirements of the Montana Subdivision and Platting
Act.
D. Buildings for lease or rent. A building or buildings created for lease or rent on a single lot is
not a subdivision of land but must be in conformance with applicable zoning regulations.
For this section "building" means a structure or a unit of a structure with a roof supported by
columns or walls for the permanent or temporary housing or enclosure of persons or
property or for the operation of a business. Except as provided in MCA 76-3-103(15) the
term includes a recreational camping vehicle, mobile home, or cell tower. The term does not
include a condominium or townhome.
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Sec. 38.240.210. Land subdivisions created by rent or lease—Procedure, submittal
requirements and review criteria.
A. Land subdivisions created by rent or lease must be submitted, reviewed and approved by the
city before any portions of the development may be rented or leased. The developer must
apply for site plan and subdivision review.
B. Site plan review. All relevant procedures, submittal requirements and review criteria
contained in division 38.230 of this chapter apply. The development must also comply with
the requirements of division 38.310 of this chapter and sections 38.360.190 and 38.360.250.
C. Subdivision review. The subdivision review procedure and review criteria for land
subdivisions created by rent or lease will depend upon the number of spaces within the
proposed development. Proposed developments containing five or fewer spaces for rent or
lease must be reviewed as minor subdivisions according to the provisions of article 2 of this
chapter and proposed developments containing six or more spaces for rent or lease must be
reviewed as major subdivisions according to the provisions of division 38.240 of this
chapter.
1. Pre-application plan. The pre-application plan must be reviewed using the procedures
contained in section 38.240.110. The submittal materials listed in section 38.220.030
must be provided.
2. Preliminary plan submittal and procedure. For land subdivisions created by rent or
lease, the developer must submit a preliminary plan in lieu of a preliminary plat, a
completed application for minor subdivision or major subdivision as appropriate, and
the materials listed in sections 38.220.050 and 38.220.060.
3. Final plan submittal and procedure. For land subdivisions created by rent or lease, the
developer must submit a final plan in lieu of a final plat, a completed final plat
application and the materials listed in section 38.220.070.
4. Supplementary materials. In addition to the submittal requirements of division 38.220
of this chapter, preliminary and final plans for land subdivisions created by rent or
lease must show the following:
a. A layout of all spaces proposed for rent or lease;
b. Location of commonly owned areas and facilities; and
c. Parks and/or recreation areas.
5. Boundary lines. All preliminary and final plans may show approximate boundary, lot,
right-of-way or other lines.
( Ord. No. 2059 , § 3, 1-26-2021)
Sec. 38.240.220. Land subdivisions created by rent or lease—Timing of improvements.
Before any portion of a land subdivision created by rent or lease can be rented or leased, all
required improvements must be installed, inspected and found compliant with the approved plan,
and where applicable accepted by the city.
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Sec. 38.240.230. Land subdivisions created by rent or lease—Filing of final plan.
Once the final plan has been approved by the city, an original copy of the approved plan
must be filed with the county clerk and recorder as a "miscellaneous" document and another
copy of the approved plan must be retained by the engineering division of the department of
public works.
Section 15
That Section 38.240.300 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.300. Divisions of land entirely exempt from the requirements of this chapter
pertaining to subdivisions and the state subdivision and platting act.
A. Unless the method of disposition is adopted for the purpose of evading this chapter or the
Montana Subdivision and Platting Act (the "Act"), the requirements of this chapter
pertaining to subdivisions and the Act may not apply to any division of land that:
1. Is created by order of any court of record in this state or by operation of law or that, in
the absence of agreement between the parties to the sale, could be created by an order
of any court in the state pursuant to the law of eminent domain (MCA 76-3-201(1)(a));
a. Before a court of record orders a division of land, the court must notify the
governing body of the pending division and allow the governing body to present
written comment on the division;
b. Lots created as described in this section that do not comply with the standards of
chapter 38, BMC are not "nonconforming" lots subject to section 38.32.030 and
are not individual buildable lots;
c. Not more than four lots can be created by order of a court of record from an
original tract or parcel.
2. Is created to provide security for mortgages, liens or trust indentures for the purpose of
construction, improvements to the land being divided, or refinancing purposes (MCA
76-3-201(1)(b));
a. This exemption applies:
i. To a division of land of any size;
ii. To a parcel that is created to provide security, however the remainder of the
tract of land is subject to the provisions of the Montana Subdivision and
Platting Act and division 38.240 of this chapter if applicable;
b. Lots created as described in this section that do not comply with the standards of
chapter 38, BMC are not "nonconforming" lots subject to section 38.280.030 and
are not individual buildable lots;
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3. Creates an interest in oil, gas, minerals or water that is severed from the surface
ownership of real property (MCA 76-3-201(1)(c));
4. Creates cemetery lots (MCA 76-3-201(1)(d));
5. Is created by the reservation of a life estate (MCA 76-3-201(1)(e));
6. Is created by lease or rental for farming and agricultural purposes (MCA 76-3-
201(1)(f));
7. Is created for rights-of-way or utility sites. A subsequent change in the use of the land
to a residential, commercial or industrial use is subject to the requirements of the
Montana Subdivision and Platting Act and division 38.240 of this chapter (MCA 76-3-
201(1)(h));
8. Is created by lease or rental of contiguous airport-related land owned by a city, county,
the state, or a municipal or regional airport authority provided that the lease or rental is
for onsite weather or air navigation facilities, the manufacture, maintenance, and
storage of aircraft, or air carrier-related activities (MCA 76-3-205(1));
9. Is state-owned land unless the division creates a second or subsequent parcel from a
single tract for sale, rent or lease for residential purposes after July 1, 1974 (MCA 76-
3-205(2)); and
10. Is created by deed, contract, lease or other conveyance executed prior to July 1, 1974
(MCA 76-3-206).
Section 16
That Section 38.240.410 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.410. Dedication or consent.
A. All plats of subdivisions must contain a certificate of dedication or certificate of consent
signed by the subdivider. In the case of corporate ownership, the proper corporation officer
must sign, a corporate notary form must be used, and the corporate seal must be affixed.
The certificate of consent is used when there are no transfers of land interests to the public.
The certificate must read as follows:
1. Certificate of dedication.
CERTIFICATE OF DEDICATION
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be
surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and
dedications, as shown by the plat hereunto included the following described tract of land to wit:
Description
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(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
The above-described tract of land is to be known and designated as (name of subdivision), City
of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys,
roads, highways, and parks, playgrounds, or public lands or other public improvements shown on
said plat are hereby granted and donated to the City of Bozeman for the public use and
enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys,
roads, highways, and parks or public lands or other public improvements dedicated to the public
are accepted for public use, but the city accepts no responsibility for maintaining the same. The
owner(s) agree(s) that the city has no obligation to maintain the lands included in all streets,
avenues, alleys, roads, highways, and parks, or public lands or other public improvements,
hereby dedicated to public use. The lands included in all streets, avenues, alleys, roads,
highways, and parks, or public lands or other public improvements dedicated to the public for
which the city accepts responsibility for maintenance include (list specific streets, avenues,
alleys, roads highways, and parks or other public lands or other public improvements).
The undersigned hereby grants unto each and every person firm or corporation, whether public
or private, providing or offering to provide telephone, electric power, gas, internet, cable
television or other similar utility or service, the right to the joint use of an easement for the
construction, maintenance, repair and removal of their lines and other facilities in, over, under
and across each area designated on this plat as "Utility Easement" to have and to hold forever.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
2. Certificate of consent.
CERTIFICATE OF CONSENT
(I), (We), the undersigned property owner(s), do hereby certify that (I), (We) caused to be
surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and
dedications, as shown by this plat hereunto included, the following described tract of land, to wit:
Description
(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
The above described tract of land is to be known and designated as (name of subdivision), City
of Bozeman, Gallatin County, Montana.
The undersigned hereby grants unto each and every person, firm of corporation, whether public
or private, providing or offering to provide telephone, electric power, gas, internet, cable
television or other similar utility or service, the right to the joint use of an easement for the
construction, maintenance, repair and removal of their lines and other facilities in, over, under
and across each area designated on this plat as "Utility Easement" to have and to hold forever.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
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Section 17
That Section 38.240.460 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.460. Acceptance of dedications Governing body.
When property or improvements are being transferred to the public this certificate is used.
The city commission’s or their designated agent must certify approval of theacceptance for
public use of improvements associated with the plat of subdivision. Said certificate must read as
follows:
CERTIFICATE OF DIRECTOR OF PUBLIC WORKSACCEPTANCE OF DEDICATIONS
I, Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying
plat has been duly examined and has found the same to conform to the law, approves it, and
hereby accepts the dedication to the City of Bozeman for the public use of any and all lands
shown on the plat as being dedicated to such use.
DATED this _______ day of _______, _______.
(Signature), Director of Public Works
Section 18
That Section 38.240.470 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.470. Exclusion from MDEQ review for sanitation.
The following certificate must be added to all subdivision plats to certify that adequate
stormwater drainage and adequate municipal facilities will be provided.
CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF
ENVIRONMENTAL QUALITY REVIEW
The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman, Montana,
a first-class municipality, and within the planning area of the Bozeman growth policy which was
adopted pursuant to MCA 76-1-601 et seq., and can be provided with adequate stormwater
drainage and adequate municipal facilities. Therefore, under the provisions of MCA 76-4-125,
this subdivision is excluded from the requirement for Montana Department of Environmental
Quality review.
DATED this _______ day of _______, _______.
(Signature), Director of Public Works
City of Bozeman, Montana
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Section 19
That Section 38.240.500 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.500. Certification of use of exemption claim.
A. The following certificates must be provided in a printed certificate on the amended plat or
certificate of survey for allowed exemptions from review as subdivisions:
1. Certificate of governing body to authorize exemption from subdivision review.
CERTIFICATE OF GOVERNING BODY – USE OF EXEMPTION
I, (Director of Community Development), do hereby certify that the accompanying
(Certificate of Survey or Amended Plat) has been duly reviewed, and has been found to
conform to the requirements of the Subdivision and Platting Act (MCA 76-3-101 et
seq.), and the Bozeman Municipal Code.
DATED this _______ day of _______, _______.
(Signature), Director of Community Development
2. Certificate of exemption. Reference to exclude the survey from state department of
environmental quality review can also be added to this certificate, as appropriate.
LANDOWNER CERTIFICATE OF EXEMPTION
(I), (We) certify that the purpose of this survey is to (state exemption), and therefore
this survey is exempt from review as a subdivision pursuant to MCA 76-3-207(1) (add
appropriate subsection).
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of surveyed property)
Section 20
That Section 38.240.540 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.540. Certificate of Governing Body
A. The city commission’s designated agent must certify approval of all plats of subdivision.
Said certificate must read as follows:
CERTIFICATE OF GOVERNING BODY APPROVING PLAT
I, Director of Community Development, City of Bozeman, Montana, do hereby certify that the
accompanying plat has been duly examined and has found the same to conform to the law and
approves it.
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DATED this _______ day of ______________________, _______.
(Signature), Director of Community Development
Section 21
That Section 38.250.080 of the Bozeman Municipal Code be amended as follows:
Sec. 38.250.080. Subdivision variances.
A. Procedure. The subdivider must provide during the pre-application process, and include
with the submission of the preliminary plat, a written statement describing the requested
variance and the facts of hardship upon which the request is based. The relevant advisory
bodies must include their findings and conclusion regarding the requested variance in its
recommendation. The city review authority must then consider each variance at the public
hearing on during their review of the preliminary plat. A public hearing may not be held on
a variance in association with a first minor subdivision.
B. Review criteria. Per MCA 76-3-506, a variance to this chapter must be based on specific
variance criteria, and may not have the effect of nullifying the intent and purpose of this
chapter. The city must not approve subdivision variances unless it makes findings based
upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
3. The variance will not cause a substantial increase in public costs; and
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
C. Variances from floodway provisions not authorized. The review authority may not, by
subdivision variance, permit subdivision for building purposes in areas located within the
floodway of a flood of 100-year frequency as defined in title 76, chapter 5, Montana Code
Annotated (MCA 76-5-101 et seq.). Any variances related to floodways must meet the
standards of 38.250.070.C.4.a.
D. Conditions. In granting subdivision variances, the review authority may require such
conditions as will, in its judgment, secure the objectives of this chapter. Any approval under
this section must be subject to the terms of the conditions designated in connection therein.
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Any conditions required must be related both in purpose and scope with the relief sought
through the variance.
E. Statement of facts. When any variance from this chapter is granted, the motion of approval
must contain a statement describing the variance and conditions upon which the issuance of
the variance is based.
F. Planned unit development. Where the standards and requirements of this chapter are
proposed to be modified through a planned unit development, the applicable process is a
deviation rather than a variance.
G. Limitations on approvals. For subdivision variances, the variance approval will be null
and void if the final plat is not filed within the time allowed for final approval by the city's
decision.
Section 22
That a new Section 38.360.280 of the Bozeman Municipal Code be created to read as follows:
Section 38.360.280 Agricultural water user facilities
A. Purpose. The purpose of this section is to recognize and protect property rights
established through water rights issued by the state of montana and the associated rights
of conveyance for agricultural water user facilities. Development of land has potential to
negatively impact such rights and function of such facilities. The state has adopted
requirements including but not limited to 70-17-112, 85-7-2211 and 85-7-2212, MCA to
protect agricultural water user facilities and prevent interference with them.
B. Notice requirements concerning agricultural water user facility:
1. Where an agricultural water user facility is present on-site, or on an adjoining
property within 100 feet of the exterior boundaries of the proposed development,
the developer must:
a. provide written notice to the applicable water users and/or agricultural water user
facility’s authorized representatives of the proposed development,
b. provide them with a copy of the proposed development layout,
c. provide a description of any anticipated adverse effects to the agricultural water
user facility,
d. provide a description of any mitigation proposed to remedy such adverse effects,
and
e. provide 45 calendar days for the water users and/or agricultural water user
facility’s authorized representatives to submit written comments.
2. Notice to the water users and/or agricultural water user facility’s authorized
representatives must be as follows.
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a. In the event the agricultural water user facility conveys water for an incorporated
or otherwise organized group of water users such as a ditch or canal company,
and the water users have officially elected or otherwise appointed a
representative or group of representatives, written notice shall be to the
agricultural water user facility’s authorized representatives.
b. In the event the agricultural water user facility conveys water for water users that
have not organized or officially elected or otherwise appointed a
representative, the developer shall give written notice to all water users.
c. In the event the agricultural water user facility conveys water in a combination of
the scenarios described in i and ii above, the Subdivider shall give written
notice to the agricultural water user facility’s authorized representatives, and
any water users not represented by the agricultural water user facility’s
authorized representatives.
d. The montana department of natural resources and conservation is the agency that
maintains the official records for water rights.
3. The pre-application or concept plan submittal shall include the names and contact
information for the water users and agricultural water user facility’s authorized
representatives that were provided with written notice, and the date they were
provided written notice; and a copy of the notice sent.
4. If the water users and/or agricultural water user facility’s authorized representatives
have provided the applicant with written comments, those comments shall be
submitted with the pre-application or concept plan submittal.
5. If there are changes to the project between the pre-application plan or concept plan
submittal and formal application stage that would result in additional impacts to the
agricultural water user facility, the developer shall comply with the notice and
documentation requirements described above to be submitted with the formal
application.
6. If the subject of this subsection was fully addressed with a previous development
review and a new application is fully in compliance with the earlier approval then
compliance with the notice provisions of this subsection is not required.
C. Persons holding water rights, agricultural water user facility owners, or their representatives
may conduct necessary maintenance such as cleaning and removal of accumulated silt,
branches, trees, sticks and other debris as well as repair or restoration activities consistent
with state law and the terms of any applicable easement or other authority.
D. Agricultural water user facilities may also be subject to 38.410.060.
Section 23
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That Section 38.400.020 of the Bozeman Municipal Code be amended as follows:
Sec. 38.400.020. Street and road dedication.
A. General. All streets or alleys within, or providing access to, the proposed development must
be dedicated to the public, be private streets to be owned and maintained by an approved
property owners' association, or, if the criteria of this section are met, be a public street
easement.
1. Public street easements. Public street easements must:
a. Be approved by the city attorney's office;
b. Be recorded in the county clerk and recorder's office; and
c. Clearly grant to the public an unrestricted right of ingress and egress from a public
street to the property to be subdivided.
2. Private streets.
a. Private streets may be required to have a public access easement if deemed
necessary by the city.
b. If a private street is proposed, the project must be reviewed as a planned unit
development. However, development proposals containing private streets are
exempt from the PUD review requirement if:
(1) A local private street is proposed and the street would comply with the city
standard right-of-way requirement of 60 feet, and the standard back-of-curb
to back-of-curb width of 31, 33 or 35 feet; or
(2) A local private street is proposed and the street would comply with the city
standard right-of-way requirement of 60 feet. The back-of-curb to back-of-
curb width may vary from city standards, provided that:
(a) A permanent funding source, such as the levying of assessments
against all properties within the development, for street
maintenance is established and the funding levels will be adequate
for all future private street maintenance; and
(b) The developer signs a waiver of right to protest the creation of
SIDs, or other perpetual legal instrument, acknowledging that the
city will not assume dedication and/or maintenance of the streets
unless the street is brought up to city standards, or the property
owners' have agreed to an assessment to fund improvements
required to bring the street up to city standards. The developer
must record the waiver, or other legal instrument, at the time of
final plat recordation, or prior to issuance of building permits if no
final plat recordation is required.
c. Documented proof of adequate funding and scheduling for maintenance of all
private streets, must be provided, subject to section 38.270.09038.220.200.
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Section 24
That Section 38.410.060 of the Bozeman Municipal Code be amended as follows:
Sec. 38.410.060. Easements.
A. Required easements. Where determined to be necessary, public and/or private easements
must be provided for private and public utilities, drainage, vehicular or pedestrian access,
etc.
1. In subdivisions, all easements must be described, dimensioned and shown on the final
plat in their true and correct location.
2. In all other developments, the proper easements documents must be prepared for
review and approval by the city, and filed at the county clerk and recorder's office. The
easement documents must be accompanied by an exhibit indicating the dimensions,
and true and correct location, of all easements.
3. No lot may be encumbered by a public or private utility easement in a way that would
decrease the amount of buildable land to less than the area required by this chapter for
the applicable zoning district.
B. Private utility easements. Private utilities include, but are not limited to, natural gas,
electricity, telephone, cable and fiber optic lines. The developer must provide private utility
easements necessary to extend private utilities to the development, and to provide for the
construction and maintenance of private utilities within the development.
1. General.
a. Building setbacks must be coordinated with all provided utility easements. If a
utility easement will be greater than the building setback required by this chapter,
a note to that effect must be placed on the final plat and/or final site plan as
appropriate.
b. Where a utility easement is to be located in an existing, dedicated right-of-way, an
encroachment permit must be obtained from the local or state street or road
department having jurisdiction.
c. If placed in a city right-of-way, easements must be in a location required by and
agreed upon in writing by all of the appropriate utility companies and the review
authority.
2. Easement size.
a. Front setback utility easements. Front setback utility easements must be ten feet
wide, and must always be provided unless written confirmation is submitted to the
community development department from all utility companies providing service
indicating that front setback easements are not needed.
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b. Rear setback utility easements. The provision of rear setback utility easements is
not mandatory unless they are required by any or all of the utility companies to
adequately serve the development. If provided, rear setback utility easements on
each lot must be six feet wide if adjacent to a public alley and ten feet if not
adjacent to a public alley.
c. Side setback utility easements. The provision of side setback utility easements is
not mandatory unless they are required by any or all of the utility companies to
adequately serve the development. If provided, the width of the side setback
utility easement must be determined on a case-by-case basis based on the needs of
the utility companies.
3. Private utility plans.
a. When the concurrent construction option will be used, based on the provisions of
section 38.270.030.D, private utility plans must be included with the preliminary
PUD submittal.
b. Private utility plans must be provided with any plans and specifications submittals
for the construction of new water, sewer or street infrastructure as specified in the
city's design standards and specifications policy.
4. No building shall be constructed that encroaches on a private utility easement unless
written approval from all utility companies is provided to the community development
department.
C. Public utility easements. Public utilities include water, sewer and stormwater facilities that
are dedicated to and maintained by the city.
1. A public utility easement must be granted for all public utility mains not located within
public street right-of-way. An easement must be at least 30 feet wide for either one or
two utility mains. An additional ten feet of width is required for each additional main
that occupies the easement. Wider easements may be required at the discretion of the
city for large utility lines.
2. Public utility easements must be provided for all meter pits and fire hydrants
maintained by the city.
3. No permanent structures shall be placed within public utility easements unless an
encroachment permit has been obtained from the city.
D. Easements for agricultural water user facilities.
1. Except as noted in subsection D.2 of this section, the developer must establish
appropriate agricultural water user facility easements that:
a. Are in locations of appropriate topographic characteristics and sufficient width to
allow the physical placement and unobstructed maintenance of active open ditches
or below ground pipelines. Easements may be required when an agricultural water
user facility is on adjacent property but an easement necessary to protect the
function of the agricultural water user facility crosses onto the property to be
developed. The easement must facilitate the delivery of water for irrigation to
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persons and lands legally entitled to the water under an appropriated water right or
permit of an irrigation district or other private or public entity formed to provide
for the use of the water right;
(1) The easements must ensure the conveyance of irrigation water through the
land to be developed to lands adjacent to or beyond the development's
boundaries in quantities and in a manner consistent with historic and legal
rights; and
(2) A minimum easement width of ten feet is required on each side of irrigation
canals and ditches.
b. Are a sufficient distance from the centerline of the agricultural water user facility
to allow for construction, repair, maintenance and inspection of the ditch or
pipeline; and
c. Prohibit the placement of structures or the planting of vegetation other than grass
within the agricultural water user facility easement without the written permission
of the facility owner.
2. The developer need not establish agricultural water user facility easements as provided
above if the following provisions were met or will be met via the subdivision or site
plan process:
a. The average lot size is one acre or less and the developer provides for disclosure,
in a manner acceptable to the review authority, that adequately notifies potential
buyers of lots that are classified as irrigated land and may continue to be assessed
for irrigation water delivery even though the water may not be deliverable; or
b. The water rights are removed or the process has been initiated to remove the water
rights from the subdivided or developed land. If the water rights have been or will
be removed from the land within the development it must be so noted with the
preliminary plat or plan submittal. If removal of water rights is not complete upon
filing of the final plat or approval of the final site plan, the developer must provide
written notification to prospective buyers of the intent to remove the water right
and must document that intent, when applicable, in agreements and legal
documents for related sales transactions.
3. The realignment or relocation of active irrigation ditches or pipelines is discouraged. If
an agricultural water user facility or points of diversions thereon are proposed to be
realigned or relocated, the developer's professional engineer must certify, prior to final
plat or final plan approval, that the water entering and exiting the realigned or relocated
agricultural water user facility is the same quality and amount of water that entered or
exited the facility prior to realignment or relocation.
4. Stormwater from a development must not be discharged to an agricultural water user
facility without written approval from the owner of the facility and corresponding
stormwater conveyance easements.
5. If the developer demonstrates that easements have been extinguished pursuant to state
law, or the holder of the easement consents in writing to the extinguishment, or the
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easement is not required per subsection D.2, the developer may remove ditch laterals
from within the subdivision.
6. If agricultural water user facility easements are required, a notice must also be recorded
with a final plat or prior to final plan approval, stating that the easements are subject to
the requirements of Section 70-17-112, MCA restricting interference with canal or
ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-
2212, MCA regarding duties and liability. The notice must include language to assure
the duties are binding upon all successors in interest and remain in effect until such
time that the agricultural water user facility is abandoned in accordance with the
requirements of Montana Law or alternative requirements are agreed to in writing by
all applicable parties. The easements must be prepared as documents separate from a
final plat but may be referenced on a final plat.
7. Any other mitigation of impacts to an agricultural water user facility identified during
development review must be coordinated with any required easement. Mitigation shall
be reasonable, based on site-specific conditions, and shall be developed with
consideration of comments received from the water users and or agricultural water user
facility’s authorized representatives.
E. Other easements. Public access easements for streets and trails must be provided in
accordance with the provisions of divisions 38.400 and 38.420 of this chapter.
Section 25
That Section 38.410.020 of the Bozeman Municipal Code be amended as follows:
Sec. 38.410.020. Neighborhood centers.
A. To provide a neighborhood focal point, all residential subdivisions or planned unit
developments that are ten net acres in size or greater, must have a neighborhood center.
Developments may be exempted from this requirement if every lot within the development
is within one-half mile of an existing neighborhood center. Generally, the center must be no
less than one acre in size. The center must be comprised of a park, square, green, plaza,
transit stop, neighborhood commercial center, civic use or any combination of these. The
following requirements apply to all neighborhood centers:
1. The geographic center point of the neighborhood center must be no further than 600
feet from the geographic center point of the development. This requirement may be
waived in the following circumstances:
a. The development would create parcels that are all non-residential;
b. The center is a neighborhood commercial center or is adjacent to a neighborhood
commercial center;
c. The site is constrained by the presence of critical lands;
d. The site is part of an approved subarea plan that shows the center in a different
location; or
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e. The topography of the site presents physical constraints on the property.
2. With the exception of civic and neighborhood commercial center uses, the developer
must install all center-related improvements as part of the required development
improvements. When a multi-phase project is developed, improvements must be
installed with each phase. Required improvements must be based on the definition of
each feature found in article 7 of this chapter, and/or city standards.
3. The neighborhood center must have frontage along 100 percent of its perimeter on
public or private streets or roads. The city may consider and approve the installation of
streets along less than 100 percent, but not less than 50 percent, of the perimeter in
accordance with section 38.420.060.
4. With the exception of civic and neighborhood commercial center buildings and
grounds, the center is considered a common area to be owned and maintained by the
property owners' or a property owners' association. The property owners' association
may establish an improvement district to collect assessments to pay for the
maintenance.
5. After receiving a recommendation from the city recreation and parks advisory board,
aAreas within neighborhood centers used for park, square, or green may count towards
parkland dedication requirements (subject to review and approval by the review
authority) if they meet the following criteria:
a. The area is predominantly open space with enhanced natural features, but may
contain amenities such as sidewalks, seating, drinking and ornamental fountains
and public art; and
b. The area provides active and/or passive recreation opportunities.
6. The neighborhood center may be used for limited stormwater retention/detention
facilities if reviewed and approved by the review authority. However, any part of the
center used for stormwater management does not count towards park dedication
requirements.
7. New neighborhood commercial centers are subject to the community design
framework master plan provisions of sections 38.210.130 and 38.510.030.L.
Section 26
That Section 38.420.050 of the Bozeman Municipal Code be amended as follows:
Sec. 38.420.050. Location.
A. General. The review authority, in consultation with the developer, recreation and parks
advisory board and parks department, and the planning board if applicable, may determine
suitable locations for parks and playgrounds. Parkland must be located on land suitable to
and supportive of the activities and functions depicted in the relevant park plan, and unless
the park plan indicates a requirement for another configuration, should be kept in a large
block.
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B. Subarea or neighborhood plans. If a subarea or neighborhood plan has been adopted for
the area, the subdivision must comply with the subarea or neighborhood plan for the location of
parks
Section 27
That Section 38.420.080 of the Bozeman Municipal Code be amended as follows:
Sec. 38.420.080. Park development.
A. General. Developers must consult any adopted citywide park plan, and with the recreation
and parks advisory boardparks department which implements the plan, to determine the
types of parks needed for the proposed development and surrounding area. Parks must be
developed in accordance with the citywide park plan and any approved park master plan. At
a minimum, all parks must be improved to the following standards by the developer, prior to
final plat or final occupancy approval as appropriate:
1. Minimum required improvements to land dedications. The subdivider must level any
park area, amend the soil, seed disturbed areas to allow mowing with turf type mowers,
and install an underground irrigation system in compliance with city standards and
specifications.
a. Parks must be seeded with drought tolerant grass seed unless approved otherwise
in writing by the park superintendent.
2. Irrigation. The developer must irrigate the park area until 50 percent of the subdivision
lots or condominium units are sold. Thereafter, the property owners' association must
be responsible for park irrigation. The property owners' association may establish an
improvement district to collect assessments to pay for irrigation.
a. Wells must be used to irrigate parkland.
B. Boundaries. The park boundary bordering all private lots must be delineated at the common
private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in
length with no less than two feet driven into the ground. Each post must be labeled with a
permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of
boundary marking may be approved by the planning or other appropriate department.
C. Sidewalks. Sidewalks, when required within the development, must be installed by the
developer at points where the park borders or crosses public or private streets.
D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be
located within public parkland, but such areas do not count towards the parkland dedication
requirement. Any stormwater ponds located on parkland must be designed, constructed
and/or added to so as to be conducive to the normal use and maintenance of the park.
Stormwater ponds may not be located on private lots. Stormwater retention or detention
ponds must be maintained by the property owners' association.
E. Clean up required. All fencing material, construction debris and other trash must be
removed from the park area.
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Section 28
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 29
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 30
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 31
Codification.
This Ordinance shall be codified as indicated in Section 2–28.
Section 32
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 2021
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2021. The effective date of this ordinance is __________, __, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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This draft ordinance is under public review. Additional changes may be made prior to
adoption. Markup in this version is in color for ease of identification. Blue text is inserted.
Red text is deleted. Some explanatory comments are provided in the side bubbles. This
version of the draft is provided to help the reader identify and understand changes.
ORDINANCE 2089
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTION 38.100.040 INTENT AND PURPOSE OF CHAPTER
TO REFERENCE STATE LAW, AMENDING SECTION 38.100.070 CONDITIONS OF
APPROVAL TO CLARIFY WHEN CONDITIONS OF APPROVAL APPLY, AMENDING
SECTION 38.100.080 COMPLIANCE WITH REGULATIONS REQUIRED TO CLARIFY
OBLIGATIONS, AMENDING SECTION 38.200.010 REVIEW AUTHORITY TO
UPDATE RESPONSIBILITIES FOR REVIEW OF DEVELOPMENT ACTIONS,
AMENDING SECTION 38.220.030 SUBDIVISION PRE-APPLICATION PLAN TO
REVISE SUBMITTAL MATERIALS FOR SUDIVISION PRE-APPLICATIONS,
AMENDING SECTION 38.220.040 SUBDIVISION PRELIMINARY PLAT TO REVISE
SUBMITTAL MATERIALS FOR SUBDIVISION PRELIMINARY PLATS AND
DELETING AND RESERVING SECTION HEADER 38.240.050, AMENDING SECTION
38.220.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS TO
CHANGE TITLE AND REVISE REQUIRED MATERIAL FOR SUBMISSION,
AMENDING SECTION 38.220.070 FINAL PLAT TO REVISE APPLICATION
MATERIALS TO BE SUBMITTED WITH A FINAL PLAT, AMENDING DIVISION
38.220 PART 2 TO REVISE THE SUBMITTAL AND REVIEW OF SUPPLEMENTARY
DOCUMENTS, AMENDING SECTION 38.220.420 NOTICE REQUIREMENTS FOR
APPLICATION PROCESSING TO REMOVE FOOTNOTES, REVISE NOTICING
PROCEDURES FOR SUBDIVISIONS, AMENDING DIVISION 38.240 PART ONE TO
INCORPORATE STATE LAW REFERENCES, AMENDING DIVISION 38.240 PART 2
TO REVISE REVIEW PROCEDURES TO COMPLY WITH REVISIONS TO STATE
LAW AND REORGANIZE FOR CLARITY, AMENDING DIVISION 38.240 PART 3
LAND SUBDIVISIONS CREATED BY RENT OR LEASE TO REMOVE LANGUAGE NO
LONGER REQUIRED IN STATUTE, AMENDING SECTION 38.240.300 DIVISIONS OF
LAND ENTIRELY EXEMPT FROM THE REQUIREMENTS OF THIS CHAPTER
PERTAINING TO SUBDIVISIONS AND THE STATE SUBDIVISION AND PLATTING
ACT TO INCLUDE NEW STATE RESTRICTION ON COURT ORDERED DIVISIONS
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OF LAND, AMENDING SECTION 38.240.410 TO CLARIFY WHEN CERTIFICATE OF
DEDICATION OR CONSENT ARE USED WITH A FINAL PLAT, AMENDING
SECTION 38.240.450 TO CHANGE THE SIGNATORY ON THE CERTIFICATE OF
COMPLETION OF IMPROVEMENTS TO THE CITY ENGINEER, AMENDING
SECTION 38.240.460 TO CLARIFY THE INTENT AND SIGNATORY FOR THE
CERTIFICATE ACCEPTING DEDICATIONS TO THE CITY, AMENDING SECTION
38.240.470 TO REVISE THE SIGNATORY FOR THE CERTIFICATE
ACKNOWLEDGING EXCLUSION FROM REVIEW FOR SANTIATION, AMENDING
SECTION 38.240.500 TO CLARIFY THE CERTIFICATE FOR USE OF THE
CERTIFICATE FOR EXEMPTION FOR CERTAIN APPLICATIONS FROM REVIEW
AS A SUBDIVISION, AMENDING SECTION 38.240.530 TO REVISE THE SIGNATORY
FOR THE CITY ON THE CERTIFICATE, CREATE SECTION 38.240.540
CERTIFICATE OF GOVERNING BODY FOR APPROVAL OF A SUBDIVISION PLAT,
AMENDING SECTION 38.250.080 SUBDIVISION VARIANCES TO CLARIFY THAT A
PUBLIC HEARING IS NOT HELD ON SUBDIVISION VARIANCES, CREATE
SECTION 38.360.280 AGRICULTURAL WATER USER FACILITIES, AMENDING
SECTION 38.400.020 TO REVISE CROSS REFERENCE, AMENDING SECTION
38.410.060 TO REVISE REQUIREMENTS FOR AGRICULTURAL WATER USER
FACILITIES, AMENDING SECTION 38.410.020 TO REVISE REVIEW PROCESS FOR
NEIGHBORHOOD CENTERS, AMENDING SECTION 38.420.050 TO REVISE REVIEW
PROCESS FOR SITING PARKS, AMENDING SECTION 38.420.080 TO REVISE
REVIEW PROCESS FOR DETERMINATION OF PARK CHARACTERISTICTS
PROPOSED WITH NEW DEVELOMPENT; AND PROVIDING AN EFFECTIVE DATE,
APPLICATION 21338.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, after proper notice, the Bozeman Planning Board held a public hearing on
October 18, 2021 to receive and review all written and oral testimony on the proposed
amendments; and
WHEREAS, the Bozeman Planning Board recommended to the Bozeman City
Commission that application No. 21338, be approved as proposed; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on October 25, 2021 to receive and review all written and oral testimony on the proposed
amendments; and
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WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 21338, be approved as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on
November 16, 2021, to receive and review all written and oral testimony on the proposed
amendment to the subdivision regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated §§ 76-3-102 and 76-3-501, and found
that the proposed amendments would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City has adopted land development and use standards to protect public health,
safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102,
76-2-304, 76-3-102, and 76-3-501.
2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020),
by Resolution 5133 to establish policies for development of the community.
3. Zoning and subdivision regulations must be in accordance with the adopted growth
policy.
4. The 2021 Montana Legislature passed multiple bills revising the requirements for the
subdivision review process.
5. The City of Bozeman restructured its advisory boards on August 10, 2021 assigning
duties and consolidating responsibilities to improve public engagement, consistency of process,
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and effectiveness and such advisory boards are referenced in the subdivision related regulations
and therefore the regulations need to be updated to reflect the new boards structure.
6. A staff report analyzing the required criteria for an amendment to the City’s
regulations for subdivision review, including accordance to the Bozeman Community Plan 2020,
and required contents for local subdivision regulations has found that the required criteria of
Montana Code Annotated §§ 76-1-606, 76-3-102, and 76-3-501 are satisfied.
7. A staff report analyzing the required criteria for an amendment to the City’s
regulations for zoning review, including accordance to the Bozeman Community Plan 2020, and
required criteria for zoning regulations has found that the required criteria of Montana Code
Annotated §§ 76-1-304 are satisfied.
8. The required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the applicable materials and provide
comment.
9. The City Commission considered the application materials, staff analysis and report,
Planning Board recommendation, Zoning Commission recommendation, all submitted public
comment, and all other relevant information.
10. The City Commission determines that, as set forth in the staff report and
incorporating the staff findings as part of their decision, the required criteria for approval of this
ordinance have been satisfied.
11. The City Commission determines that the ordinance provides a proper balance of
interests, rights, and responsibilities of all parties affected by the ordinance.
12 The City Commission determines that the zoning provisions of Chapter 38, Unified
Development Code, contain all necessary elements of MCA 76-8-107, and therefore the state
provisions for Buildings for Lease or Rent are not applicable per MCA 76-8-103.
13. The City Commission determines that the adopted growth policy, Bozeman
Community Plan 2020, and the zoning provisions of Chapter 38, Unified Development Code,
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contain all necessary elements to meet the requirements of MCA 76-3-616, and therefore
subdivisions not including zoning variances are exempt from public hearings and therefore the
noticing provisions for subdivisions require revision.
13. The City Commission determines that MCA 76-3-623 establishes new procedural
requirements for certain subdivisions which must be incorporated into local subdivision review
procedures.
Section 2
That Section 38.100.040 of the Bozeman Municipal Code be amended as follows:
Sec. 38.100.040. Intent and purpose of chapter.
A. The intent of this unified development chapter is to protect the public health, safety and
general welfare; to recognize and balance the various rights and responsibilities relating to
land ownership, use, and development identified in the United States and State of Montana
constitutions, and statutory and common law; to implement the city's adopted growth
policy; and to meet the requirements of state law.
B. It is the purpose of these regulations to promote the public health, safety and general
welfare, including the purposes for subdivision and zoning in MCA 76-1-102, 76-1-606, 76-
2-304, 76-3-102, and 76-3-501 as may be amended from time to time. Further, it is the
purpose of these regulations to exercise to the fullest extent the authority of the City’s
Charter, utility, and all other powers. by: preventing the creation of private or public
nuisances caused by noncompliance with the standards and procedures of this chapter;
regulating the subdivision, development and use of land; preventing the overcrowding of
land; lessening congestion in the streets and highways; being in accord with the growth
policy; providing adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements; requiring development in
harmony with the natural environment; promoting preservation of open space; promoting
development approaches that minimize costs to local citizens and that promote the effective
and efficient provision of public services; securing safety from fire, panic, and other
dangers; protecting the rights of property owners'; requiring uniform monumentation of land
subdivisions and transferring interests in real property by reference to a plat or certificate of
survey (MCA 76-3-102).
It is further the purpose of these regulations to: consider the character of the district and its
peculiar suitability for particular uses, conserving the value of buildings, and encouraging the
most appropriate use of land throughout the jurisdictional area (MCA 76-2-304).
C. Further, to support the purposes of MCA 76-2-304 and 76-3-102, these regulations are
intended to promote and to provide for the:
Commented [CS1]: As part of the amendments the City is
removing text which simply recites state law and replaces it with a
citation to the applicable section. This simplifies future updates,
ensures that everyone interested is directed to the most up to date
state standards, and simplifies the text. State law is available through
the State’s website at https://leg.mt.gov/bills/mca/index.html.
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1. Orderly development of the city;
2. Coordination of streets within subdivided land with other streets and roads, both
existing and planned;
3. Dedication of land for streets and roadways and for public utility easements;
4. Improvement of streets;
5. Adequate open spaces for travel, light, air and recreation;
6. Adequate transportation, water, drainage and sanitary facilities;
7. Minimization of unnecessary congestion;
8. Avoidance of unnecessary environmental degradation;
9. Encouragement of subdivision development in harmony with the natural environment;
10. Avoidance of danger or injury to health, safety or general welfare by reason of natural
hazard or the lack of water, sewer, drainage, access, transportation or other public
services;
11. Avoidance of excessive expenditure of public funds for the provision of public
services;
12. Manner and form of making and filing of plats for subdivided lands;
13. Administration of these regulations, by defining the powers and the duties of approving
authorities, including procedures for the review and approval of all subdivision plats;
14. Division of the city into districts with uniformly applicable standards for development
within each district;
15. Standards for the development and use of land;
16. Procedures for the review and approval for the development and use of land; and
17. Establishment of all other requirements necessary to meet the purposes of this chapter.
D. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to
implement the goals and objectives of the city's adopted growth policy.
C. This chapter has been evaluated for compliance with the growth policy as part of the
process to adopt this chapter, and has been found to comply with the growth policy.
Section 3
That Section 38.100.070 of the Bozeman Municipal Code be amended as follows:
Sec. 38.100.070. Conditions of approval.
A. Regulation of the subdivision and development of land, and the attachment of reasonable
conditions to land subdivided or developed, or a use undertaken, is an exercise of valid
police power delegated by the state to the city. Persons undertaking the subdivision,
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development or use of land have the duty of complying with reasonable conditions for
design, dedication, improvement and restrictive use of the land so as to conform to the
physical and economic development of the city, and to the safety and general welfare of the
future lot owners and of the community at large. Such conditions may require compliance
with more than the minimum standards established by this chapter.
B. Conditions of approval may not be added after final action to grant preliminary approval to
a proposed subdivision or other development unless:
1. The conditions are necessary to correct inaccurate or incomplete information provided
with an application, which error is discovered after the original approval action; and
2. The project is not completed within the time period provided in the approval or by this
chapter; or
3. The requirement is part of an improvements agreement and security for completion of
required improvements prior to filing a final plat or other development.
However, should the owner seek material modifications (e.g., changes to the intent, nature,
or scope of a subdivision or development, or necessary improvements) to a previously
approved subdivision, development or condition of approval, the entire application must be
considered to be again opened for review and additional conditions may be applied.
Modifications of conditions of approval must be reviewed through the same process as the
original application. Final action includes the resolution of any appeals. The provisions of
section 38.240.150 38.240.130.A.5.h may also apply to revisions of conditions for
preliminary plats.
C. Mandatory cCompliance with the explicit termsrequirements and procedures of this chapter
or other duly adopted applicable law, standard, or procedure whether adopted by the City or
other authority does not constitute a conditions of approval and is not affected by the
limitations of subsection B of this section or other limitations on conditions of approval.
Section 4
That Section 38.100.080 of the Bozeman Municipal Code be amended as follows:
Sec. 38.100.080. Compliance with regulations required.
A. No land may hereafter be subdivided, used or occupied, and no building, structure or part
thereof may hereafter be erected, constructed, reconstructed, moved or structurally altered,
and no development may commence unless it is in conformity with all of the regulations
herein specified for the district in which it is located. It is the obligation of the person
proposing the development to demonstrate compliance with all applicable standards and
regulations.
B. To the extent reasonable, all city-owned land is subject to applicable regulations of the
underlying zoning district.
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Section 5
That Section 38.200.010 of the Bozeman Municipal Code be amended as follows:
Sec. 38.200.010. Review authority.
A. The city commission has the authorityright to review and require revisions to all
development proposals subject to this chapter, and delegates that authority in certain
circumstances as set forth below. The purpose of this review is to prevent demonstrable
adverse impacts of the development upon public safety, health or general welfare, or to
provide for its mitigation; to protect public investments in roads, drainage facilities, sewage
facilities, water facilities, and other facilities; to conserve the value of adjoining buildings
and/or property; to protect the character of the city; to protect the right of use of property;
advance the purposes and standards of this chapter and the adopted growth policy; and to
ensure that the applicable regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the
following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this
chapter;
b. Amendments to the text of this chapter or amendment to the zoning map;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu
for development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two
years;
e. Planned unit development preliminary plans and major amendments to planned
unit developments;
f. Appeals from administrative interpretations and final project review decisions;
g. Approval of preliminary park master plans when associated with a development
for which the City Commission is the review authority;
h. Large scale retail per section 38.360.160;
i. Exceptions to installation of bikeways and boulevard trails per section
38.400.110.E;
j. Conditional use permits when no board of adjustment is established;
k. More than two deviations or where deviation is for more than 20 percent of
standard;
Commented [CS2]: Moves final park plan review to the staff
level similar to other final wrap up actions of Commission decisions,
moves review of park plans to administrative review for
administrative review projects.
Commented [CS3]: Moved to City Engineer duties due to
Commission adoption of Transportation Master Plan..
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l. Amendments to text or zoning map per division 38.260.
2. The city commission conducts public hearing for applications under 76-2-402, MCA.
B. The community development director must, upon recommendation from the applicable
advisory bodies approve, approve with conditions or deny all applications subject to this
chapter except those listed below. Decisions of the community development director are
subject to the appeal provisions of division 38.250 of this chapter.
1. Projects excluded from community development director review:
a. Those applications specifically reserved to another approval authority as stated in
this section;
b. Development of city property which does not conform to all standards of this
chapter;
c. Any application involving variances from this chapter;
2. Exception. The city commission may, by an affirmative, simple majority vote of its
members at a regularly scheduled meeting reclaim to itself the final approval of a
development application normally subject to the approval of the community
development director. The vote must occur prior to the action of the community
development director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of
adjustment must, upon recommendation from the applicable advisory bodies approve,
approve with conditions or deny those applications specifically delegated to it by the city
commission. Decisions of the BOA are subject to the appeal provisions of division 38.250
of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at
a regularly scheduled meeting reclaim to itself the final approval of a development
normally subject to the approval of the board of adjustment. The vote must occur prior
to the action of the board of adjustment.
D. The city engineer must review and upon recommendation from the applicable advisory
bodies as needed approve, approve with conditions or deny the following site elements and
processes:
1. Site access and storm water for reuse and further development per section
38.230.160.B;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
3. The placement of private utility easements within public rights-of-way owned or
controlled by the city;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
6. Exceptions to storm water controls per section 38.410.080;
Commented [CS4]: Duplicates 1.b
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7. All modifications or proposed standards in section 38.400.010 except
subparagraphsection 38.400.010.A.1, Relation to undeveloped areas;
8. Plans and specifications for public infrastructure and infrastructure to be granted to the
public per sections 38.400.060 Street improvement standards paragraphs. A and B.1—
3;
9. Alternate curb return radii per section subparagraph 38.400.090.C.3;
10. Locations and modifications to drive accesses to public streets per sections paragraphs
38.400.090.G and H;
11. Street improvement standards and modifications departures therefrom per section
38.400.060;
12. Departures for street vision triangles per section 38.400.100;
13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing
per section paragraphs 38.540.020.D, F and J;
14. Protection of landscaped areas per section paragraph 38.550.050.H;
15. All actions required of the flood plain administrator per article 6 of this chapter;
16. Modifications in required completion time for subdivision improvements per section
subparagraph 38.270.030.B.1;
17. The use of a financial guarantee for paving of streets per section paragraph
38.270.060.CB;
18. The waiver of required information per subparagraph section 38.220.080.A.2.i(3);
19. Requirement for a traffic impact analysis and determination of its contents per section
subparagraph 38.220.120.A.2.c(5);
20. Specifications and modifications therefrom for paving of streets and parking areas;
21. Designation of street classifications for collectors and arterials not shown in the long
range transportation plan; and
22. Alternate parking angles for surface and structured parking stall configurations listed in
Table 38.540.020. All other numeric standards apply.
23. Exceptions or modifications to installation of bikeways and boulevard trails per section
38.400.110.E;
E. The director of public works must review and upon recommendation from the
applicable advisory bodies as needed approve, approve with conditions or deny the
following development elements and processes:
1. Waiver of the requirement to extend water, sewer, and streets to the perimeter of
property being developed per section 38.410.070;
2. Provision of water rights as authorized in section 38.410.130;
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3. Subject to section 38.400.060, exceptions to the level of service standards established
in section 38.400.060.B.4;
4. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and
5. Acceptable alternative sidewalk design or materials per section 38.400.080.
F. The director of parks and recreation must review, and as needed approve, approve with
conditions or deny the following development elements and processes:
1. Ddetermine the classification of recreation pathwaystrails per section 38.420.110.D.
2. Approve final park plans.
3. Approve preliminary park plans when a development is subject to approval by the
Director of Community Development
4. Approval of calculations of cash-in-lieu of parkland amounts for development of
property when:
a. the initial dedication of land per 38.420.020 has been provided;
b. money to be paid is to address mitigation of recreation impacts above the
minimum land dedication; and
c. a park master plan has been approved for the park servicing the land to be
developed.
G. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable
advisory bodies to review and to make recommendations to the review authority regarding
development proposals. Under this section, when advisory boards review and make
recommendations to the review authority they act in a quasi-judicial capacity.
Recommendations do not constitute votes of approval or denial.
H. The city commission or its designated representatives may require the applicant to design
the proposed development to reasonably minimize potentially significant adverse impacts
identified through the review required by these regulations. The city commission or its
designated representatives may not unreasonably restrict a landowner's ability to develop
land, but it is recognized that in some instances the unmitigated impacts of a proposed
development may be unacceptable and will preclude approval of the development as
submitted. Recognizing that the standards of this chapter are minimum requirements and the
public health, safety, and general welfare may be best served by exceeding those
minimums, the city commission or community development director may require as a
condition of approval mitigation exceeding the minimums of this chapter.
Commented [CS5]: Keeps administrative reviews entirely
administrative.
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Section 6
That Section 38.220.030 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.030. Subdivision pre-application submittal materialsplan.
A. The pre-application plan may be a freehand sketch, legibly drawn, showing approximate
boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a
topographic survey required for the preliminary plat and must include:
1. Sketch map. A sketch map showing:
a. The names of adjoining subdivisions and numbers of adjoining certificates of
survey, along with adjacent lot and tract lines.
b. Location, name, width and owner of existing or proposed streets, roads and
easements within the proposed subdivision; existing streets, roads and easements
within adjacent subdivisions and tracts; and the name of street or road that
provides access from the nearest public street or road to the proposed subdivision.
c. Location of all existing structures, including buildings, railroads, power lines
towers, and improvements inside and within 100 feet of the proposed subdivision.
d. Zoning classification within the proposed subdivision and adjacent to it. The
zoning proposed for the subdivision, if a change is contemplated and if an
adjacent PUD is in place or proposed.
2. Topographic features. Topographic features of the proposed subdivision and adjacent
subdivisions and tracts, including:
a. A current U.S. Geological Survey topographic map at the largest scale available
with the subdivision clearly outlined.
b. Embankments, watercourses, drainage channels, areas of seasonal water ponding,
areas within the designated floodway, marsh areas, wetlands, rock outcrops,
wooded areas, noxious weeds and areas of active faults. Include copies of any
permits listed in section 38.220.020 that have been obtained for the project.
3. Utilities. The existing and proposed utilities located on and adjacent to the proposed
subdivision including:
a. Location, size and depth of sanitary and storm sewers, water mains and gas lines.
b. Location of fire hydrants, electric lines, telephone lines, sewage and water
treatment, and storage facilities.
4. Subdivision layout. The proposed layout of the subdivision showing the approximate:
a. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and
areas for each block, tract and lot.
b. Street location, right-of-way width, and name.
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c. Easement location, width and purpose.
d. Sites to be dedicated or reserved as park, common open space or other public
areas, with boundaries, dimensions and areas.
e. Sites for commercial centers, churches, schools, industrial areas, multi-household
units, manufactured housing community and uses other than single-household
residences.
5. Development plan. An overall development plan indicating future development of the
remainder of the tract, if the tract is to be developed in phases.
6. Name and location. A title block indicating the proposed name, quarter-section,
section, township, range, principal meridian and county of subdivision.
7. Notations. Scale, north arrow, name and addresses of owners and developers, and date
of preparation.
8. Variances. A list of variance requests which will be submitted with the application for
preliminary plat application.
9. Waivers. A list of waivers requested from the requirements of section 38.220.060 must
be submitted with the pre-application and an explanation of why such information is
not relevant or was previously provided.. The DRC is responsible for granting waivers,
and the community development department staff must notify the developer in writing
of any waivers granted from section 38.220.060 after the pre-application meeting or
plan review.
10. Parks and recreation facilities. The following information must be provided for all land
proposed to meet parkland dedication requirements:
a. Park concept plan, including:
(1) Site plan for the entire property; and
(2) The zoning and ownership for adjacent properties; and
(3) The location of any critical lands (wetlands, riparian areas, streams, etc.); and
(4) General description of land, including size, terrain, details of location and
history, water features, and proposed activities; and
(5) Description of trails or other recreational features proposed to connect the
proposed park area to other park or open space areas.
b. If the applicant intends to request approval of cash-in-lieu, a response to the cash-
in-lieu review factors established by resolution of the city commission.
12. Affordable housing. Describe how the subdivision proposes to satisfy the requirements
of division 38.380. Describe any intended use of 38.380 for creation of affordable
housing with the subdivision.
13. Wildlife. Describe key wildlife habitat issues that may be associated with proposed
subdivision. Describe how the subdivision will consider fish and wildlife resources in
the course of project design. Describe subdivision early planning suggestions from
Commented [CS6]: Process step should not be in submittal
requirements. 38.240.110 is the better location for the statement.
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local FWP field biologists at FWP regional offices. This description should consider
the following:
a. The species of fish and wildlife, including those designated as species of concern,
that use all or part of the project planning area (proposed subdivision site plus a
one-half-mile radius around it) on a year-round, seasonal, or periodic basis.
b. Existing vegetation, aquatic habitats, and wildlife habitats in the project planning
area (e.g., water bodies and their associated riparian habitat, big game winter
range, native grassland or shrub land habitats, areas used by black or grizzly
bears).
c. The proposed subdivision's potential impacts on wildlife and wildlife habitat, both
during construction and at full build-out, taking any applicable fish and wildlife
habitat standards into account.
14. Waivers of right to protest. Include copies of or the recorded document numbers of all
existing waivers of right to protest special improvement districts or maintenance
districts which are applicable to the property proposed to be subdivided.
15. Water rights. Describe how the proposed subdivision intends to satisfy section
38.410.130. Provide documentation of all water rights appurtenant to the proposed
subdivision; e.g. previous payment-in-lieu of water rights, groundwater certificates,
statements of claim, provisional permits, decreed rights, canal or water users
association shares etc.
16. Agricultural water user facilities. Identify the location of all agricultural water user
facilities and the contact information for the facility user/representative per 38.360.280.
Section 7
That Section 38.220.040 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.040. Subdivision preliminary plat.
A. The preliminary plat must be legibly drawn as specified in the application form provided by
the community development department. Where accurate information is required, surveying
and engineering data must be prepared under the supervision of a registered engineer or
registered land surveyor, licensed in the state, as their respective licensing laws allow. The
plat submittal must include the following:
1. Pre-application information. All information required with the pre-application plan, as
outlined in section 38.220.030.
2. Subdivision information. Name and location of the subdivision, scale, scale bar, north
arrow, date of preparation, lots and blocks (designated by number), the dimensions and
area of each lot, and the use of each lot, if other than for single-household.
Commented [CS7]: Clarify what is or is not a matter of concern
for subdivision review. Not concerned with analysis on robins for
example.
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23. Subdivision map. Map of entire subdivision as specified on the application form
provided by the community development department.
34. Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements;
the width of the right-of-way, grades and curvature of each; existing and proposed road
and street names; and proposed location of intersections for any subdivision requiring
access to arterial or collector streets.
45. Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of
adjoining certificates of survey.
56. Adjoining owners. Names and addresses of record owners of lots and tracts
immediately adjoining the proposed subdivision.
67. Perimeter survey. An approximate survey of the exterior boundaries of the platted tract
with bearings, distances, and curve data indicated outside of the boundary lines. When
the plat is bounded by an irregular shoreline or a body of water, the bearings and
distances of a closing meander traverse must be given.
78. Section corner. The approximate location of all section corners or legal subdivision
corners of sections pertinent to the subdivision boundary.
89. Phased improvements. If the required improvements are to be completed in phases
after the final plat is filed, the approximate area of each phase must be shown on the
plat. If a phase depends on improvements not included within the geographic area of a
phase, or if timing of construction of improvements is separate from the timing of
construction of that phase, those improvements and associated phases must be
identified.
910. Contours. Ground contours must be provided for the tract according to the following
requirements:
Table 38.220.040
Where the average slope is: Contour intervals must be:
Under 10 percent 2 feet (if all lots are over one acre in size, five
feet intervals may be used)
Between 10 and 15 percent 5 feet
Greater than 15 percent 10 feet
1110. Waivers. List of waivers granted from the requirements of section 38.220.060
during the pre-application process must be submitted with the preliminary plat
application.
1211. Request for exemption from department of environmental quality review. If the
developer is proposing to request an exemption from the department of environmental
quality for infrastructure plan and specification review, the preliminary plat application
must include a written request from the developer's professional engineer, licensed in
the state, that indicates the intent to request the exemption, and details the extent of
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water, sewer and stormwater infrastructure that will be completed prior to final plat
approval. A detailed preliminary stormwater drainage plan must also be submitted with
the written request.
13. Sanitation information. When the subdivision does not qualify for the certification
established in section 38.240.170 the subdivider must provide the information
regarding sanitation set forth in MCA 76-3-622.
Sec. 38.220.050. Preliminary plat supplements required for all subdivisions.
AB. The following supplemental information must be submitted along with the preliminary plat.
1. Area map. A map showing all adjacent sections of land, subdivision, certificates of
survey, streets and roads.
2. Subdivision map. Map of entire subdivision as specified on the application form
provided by the community development department.
32.Non-compliance with standards. Provide a written response to:
a. Variances. Provide Aa written statement describing any requested subdivision
variance and the facts of hardship upon which the request is based (refer to division
38.250 of this chapter).
b. All others. Provide Aa written statement: describing any intended departure,
deviation, modification, non-compliance or alternative compliance to any standard
applicable to a subdivision review;, providing a BMC citation to the authority
authorizing the by which such non-compliance; is authorized by BMC citation, and
providing the applicable criteria of review.
34. Noticing materials required by section 38.220.420.
45. Documents and certificates. Draft copy of the following documents, and certificates to
be printed on or to accompany the preliminary plat:
a. Covenants, restrictions and articles of incorporation for the property owners'
association if covenants are proposed to ensure compliance with regulatory
standards.
b. Encroachment permits or a letter indicating intention to issue a permit where new
streets, easements, rights-of-way or drive aisles intersect state, county or city
highways, streets or roads.
c. A letter of approval or preliminary approval from the city where a zoning change
is necessary.
cd. A draft of such other appropriate certificates.
de. Provision for maintenance of all streets (including emergency access), parks open
spaces to meet requirements of 38.420 or 38.410.040or otherwise, storm water
Commented [CS8]: Changes with the review process. Expedited
subdivisions may not have anything other than direct code
compliance.
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facilities, and other required improvements if not dedicated to the public, or if
private.
56. Street profile sheets. Profile sheets for street grades greater than five percent.
67. Application and fee. Completed preliminary plat application form, with the original
signatures of all owners of record or their authorized representatives, and the required
review fee. If an authorized representative signs on behalf of an owner of record, a
copy of the authorization must be provided.
8. Noxious weed management and revegetation plan. Noxious weeds must be controlled
in all developments as directed by the county weed control district (district) in
accordance with the Montana County Noxious Weed Control Act (MCA 7-22-21). The
developer must have any noxious weeds identified and their location mapped by a
person with experience in weed management and knowledgeable in weed
identification. A noxious weed management and revegetation plan approved by the
district for control of noxious weeds must be submitted with the preliminary plat
application. This plan must ensure the control of noxious weeds upon preliminary plat
approval and the revegetation of any land disturbed during the construction of
subdivision improvements.
9. Sanitation information. When the subdivision does not qualify for the certification
established in section 38.240.100 the subdivider must provide the information
regarding sanitation set forth in MCA 76-3-622.
Section 8
That section 38.220.060 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.060. Additional subdivision preliminary plat supplements Documentation of
compliance with adopted standards.
A. The following list of preliminary plat application supplements information must also be
provided for with all subdivisions preliminary plat applications in order to document
compliance with adopted development standards unless waived by the development review
committee during the pre-application process per 38.240.110. The developer must include
documentation of any waivers granted by the city after the pre-application meeting or plan
review. Additional relevant and reasonable information may be required to adequately
assess whether the proposed subdivision complies with this chapter, and the Montana
Subdivision and Platting Act, and other applicable standards. The need for additional
information is determined during the pre-application process.
1. Surface water.
a. Mapping. Locate on a plat overlay or sketch map all surface waters and the
delineated floodplain which may affect or be affected by the proposed subdivision
including:
Commented [CS9]: Same wording was relocated elsewhere.
Commented [CS10]: Enable use of simplified subdivision
review processes of 76-3-616 and Senate Bill 161.
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(1) Natural water systems such as natural streams, creeks, stream/ditches,
drainages, waterways, gullies, ravines or washes in which water flows either
continuously or intermittently and has a definite channel, bed and banks.
(2) Artificial water systems such as canals, ditches, ditch/streams, aqueducts,
reservoirs, irrigation or drainage systems.
b. Description.
(1) Describe all surface waters which may affect or be affected by the proposed
subdivision including name, approximate size, present use and time of year
when water is present.
(2) Describe proximity of proposed construction (such as buildings, sewer
systems, streets) to surface waters.
c. Water body alteration. Describe any existing or proposed streambank or shoreline
alterations or any proposed construction or modification of lake beds,
watercourses or irrigation ditches. Provide information on location, extent, type
and purpose of alteration. Provide a revised floodplain analysis report, in
compliance with article 6 of this chapter, as appropriate.
d. Wetlands. If the subdivision contains wetlands, as defined in section 38.700.210
of this chapter, then a delineation of the wetland meeting standards of Division
38.610 must be provided and the location of existing and proposed modifications
to wetlands must be shown on an overlay of the proposed plat. must be shown on
the preliminary and final plats.
e. Permits. Include copies of any permits listed in section 38.41.020 that have been
obtained for the project.
2. Floodplains. A floodplain analysis report must be submitted with the preliminary plat
in compliance with Division 38.600 article 6 of this chapter.
3. Groundwater.
a. Depth. Establish the seasonal minimum and maximum depth to the water table,
dates on which these depths were determined, and the location and depth of all
known aquifers which may be affected by the proposed subdivision. The high
water table must be determined from tests taken during the period of major
concern as specified in writing by the county environmental health department.
Specific locations for test holes may also be determined by the county
environmental health department.
b. Steps to avoid degradation. Describe any steps necessary to avoid the degradation
of groundwater and groundwater recharge areas.
4. Geology; soils; slopes.
a. Geologic hazards. Identify geologic hazards affecting the proposed subdivision
which could result in property damage or personal injury due to rock falls or
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slides; landslides, mud or snow; surface subsidence (i.e., settling or sinking); or
seismic activity.
b. Protective measures. Explain what measures will be taken to prevent or materially
lessen the danger of future property damage or injury due to any of the hazards
referred to in subsection A.4.a of this section.
c. Unusual features. Provide a statement describing any unusual soil, topographic or
geologic conditions on the property which limit the capability for building or
excavation using ordinary and reasonable construction techniques. The statement
should address conditions such as shallow bedrock, high water table, unstable or
expansive soil conditions, and slope. On a map, identify any slopes in excess of
15 percent grade.
d. Soils map. The subdivision must be overlaid on the county soil survey maps
obtained from the Natural Resource and Conservation Service (NRCS). The maps
are 1:24,000 in scale. These maps may be copied without permission. However,
enlargement of these maps could cause misunderstanding of the detail of
mapping. Soils were mapped using a minimum delineation of five acres, and these
soils reports were intended to alert developers to possible problems and the need
for a more detailed on-site investigation. The developer must provide the
following soil reports, which can be obtained from the NRCS:
(1) The physical properties and engineering indexes for each soil type;
(2) Soil limitations for utilities, building and site development, and water
features for each soil type;
(3) Hydric soils report for each soil type. If hydric soils are present, the
developer must provide a wetlands investigation by a certified consultant,
using the current Federal Manual for Identifying and Delineating
Jurisdictional Wetlandsper Division 38.610; and
(4) The developer must provide any special design methods planned to
overcome the above limitations.
e. Cuts and fills. Describe the location and amount of any cut or fill three or more
feet in depth. These cuts and fills should be indicated on a plat overlay or sketch
map. Where cuts or fills are necessary, describe any plans to prevent erosion and
to promote revegetation such as replacement of topsoil and grading.
5. Vegetation.
a. Vegetation map. On a plat overlay or sketch map :
(1) Indicate the distribution of the major vegetation types such as marsh,
grassland, shrub, coniferous forest, deciduous forest or mixed forest.
(2) Iidentify critical plant communities such as stream bank or shoreline
vegetation; vegetation on steep, unstable slopes; and vegetation on soils
highly susceptible to wind or water erosion.
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b. Protective measures. Describe measures to preserve trees and critical plant
communities (e.g., design and location of streets, lots and open spaces).
c. Noxious weed management and revegetation plan. Noxious weeds must be
controlled in all developments as directed by the county weed control district
(district) in accordance with the Montana County Noxious Weed Control Act
(MCA 7-22-21). The developer must have any noxious weeds identified and their
location mapped by a person with experience in weed management and
knowledgeable in weed identification. A noxious weed management and
revegetation plan approved by the district for control of noxious weeds must be
submitted with the preliminary plat application. This plan must ensure the control
of noxious weeds upon preliminary plat approval and the revegetation of any land
disturbed during the construction of subdivision improvements.
6. Wildlife.
a. Species. Describe any endangered species or species of concern fish and wildlife
which use the area affected by the proposed subdivision.
b. Critical areas. Identify on a plat overlay or sketch map of the proposed
subdivision any known critical, significant or "key" wildlife areas, such as big
game winter range, waterfowl nesting areas, habitat for rare or endangered species
or wetlands.
c. Pets/human activity. Describe the expected effects of pets and human activity on
wildlife.
cd. Public access. Describe the effects on public access to public lands, trails, hunting
or fishing areas.
de. Protective measures. Describe any proposed measures to protect or enhance
wildlife habitat or to minimize degradation (e.g., keeping building and streets
back from shorelines, setting aside wetlands marshland as undeveloped open
space).
ef. Discussion of impact; documentation. The developer must discuss the impact of
the proposed development on fish and wildlife with the state department of fish,
wildlife and Parks (FWP). With the preliminary plat application, the developer
must provide written documentation from FWP that:
(1) Verifies that FWP has reviewed the proposed plat;
(2) Lists any FWP recommendations; and
(3) Outlines any mitigation planned to overcome any adverse impacts.
7. Historical features.
a. Affected areas. Describe and locate on a plat overlay or sketch map any known or
possible historic, paleontological, archaeological, or cultural sites, structures, or
objects which may be affected by the proposed subdivision.
b. Protective measures. Describe any plans to protect such sites or properties.
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c. Procedures. Describe procedures to be followed if any historic, paleontological,
archaeological, cultural sites, structures or object are found on site during site
preparation and construction.
d. Discussion of impact; documentation. The developer must discuss the impact of
the proposed development on any historic features, and the need for inventory,
study and/or preservation with the state historic preservation office (SHPO). The
developer must provide written documentation from SHPO that:
(1) Verifies that SHPO has reviewed the proposed plat;
(2) Lists any SHPO recommendations;
(3) Outlines any plans for inventory, study, and/or preservation; and
(4) Describes any mitigation planned to overcome any adverse impacts.
e. Preparation of information. Information on historical sites must be prepared by a
qualified professional, including persons with a professional or educational
background in history, architectural history, archaeology, art history, historic
preservation, anthropology and cultural resource management.
78. Agriculture. When a proposed development is adjacent to land used for agricultural
production.
a. Number of acres in production and type of production.
b. Agricultural operations in the vicinity, and other uses of land in the general
vicinity.
c. The productivity of the land.
d. Whether or not the property is part of a viable farm unit, and whether the property
was under production during the last regular season.
ea. What measures will be taken, if any, to control family pets.
fb. Fencing of agricultural land. Describe any existing fence lines around the
subdivision development boundary which protect agricultural lands under an
ownership other than of the developer, and describe any measure which will be
taken to ensure that the owners of the subdivision development will share with the
owner of the agricultural lands in the continued maintenance of the fence.
89. Agricultural water user facilities.
a. Type, description, ownership and users of facilities per 38.360.280 and
38.410.060.
b. Written documentation demonstrating active use of facilities, for example the
delivery of non-potable water supplies for irrigation, conversion to stormwater
facilities, or other use. If a facility is not being actively used nor intended to be
used in the future, include a written plan for discontinuance including all
documentation required pursuant to Montana Law.
Commented [CS11]: Per Growth Policy if we annexed it it has
already been decided it was ok to take out of ag operations.
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c. Describe any proposed realignment. All realignments must comply with all
relevant requirements of Montana law.
d. Information from the owner(s) of the facility concerning the proposed use or
discontinuance of the facility.
910. Water and sewer. Provide an engineering design report and/or other documentation
demonstrating that adequate water distribution systems and capacity, and sewage
collection and disposal systems and capacity, exists or will be provided to serve the
proposed subdivision consistent with the City’s adopted design standards and Chapter
40.
a. Water rights. Describe how the proposed subdivision intends to satisfy section
38.410.130. Provide documentation of all water rights appurtenant to the proposed
subdivision; e.g. previous estimates or actual payment-in-lieu of water rights,
certified well logs, decrees or adjudications, etc.
b. The information needed to demonstrate proposed compliance with 38.270. Special
care is needed when concurrent construction is proposed.
1011. Stormwater management. A stormwater management plan meeting the
requirements of section 40.04.700 and the city's adopted stormwater master plan.
1112. Streets, roads and alleys.
a. Description. Describe any proposed new public or private streets, roads or alley,
or substantial improvements of existing public or private streets, roads or alleys.
The developer must demonstrate that the land to be subdivided has access onto a
legal street and the future streets will be consistent with the City’s adopted design
standards, Article 34.4, the long range transportation plan, and other relevant
standards.
b. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and
pedestrian pathways, lanes or routes to be developed with the development.
cb. Access to arterial. Discuss whether any of the individual lots or tracts have access
directly to arterial streets or roads, and if so, the reason access was not provided
by means of a street within the subdivision and how the access complies with
section 38.400.090.
dc. Modification of existing streets, roads or alleys. Explain any proposed closure or
modification of existing streets, roads or alleys.
ed. Dust. Describe provisions considered for dust control on alleys.
fe. Pollution and erosion. Explain how street, road and alley maintenance will be
provided to meet the department of environmental quality guidelines for
prevention of water pollution and erosion and who is proposed to provide the
required maintenance.
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gf. Traffic generation. Discuss how much daily traffic will be generated on existing
local and neighborhood streets, roads and alleys, when the subdivision is fully
developed, and provide the following information:
(1) The report format must be as follows:
(a) Trip generation, using the Institute of Transportation Engineers
Trip Generation Manual;
(b) Trip distribution;
(c) Traffic assignment;
(d) Capacity analysis;
(e) Evaluation; and
(f) Recommended access plan, including access points, modifications,
and any mitigation techniques if level of service does not meet
level of service standard.
(2) The report must include the following information:
(a) Land use and trip generation in the form of a table of each type of
land use, the number of units or square footage, as appropriate, the
trip rates used (daily and peak) and resulting trip generation.
(b) Traffic graphics, which show:
(i) A.M. peak hour site traffic;
(ii) P.M. peak hour site traffic;
(iii) A.M. peak hour total traffic;
(iv) P.M. peak hour total traffic; and
(v) Total daily traffic (with site-generated traffic shown
separately).
(c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour
capacity analysis provided for:
(i) All major drive accesses that intersect collector or arterial
streets or roads; and
(ii) All arterial-arterial, collector-collector and arterial-collector
intersections within one-half mile of the site, or as required by
the city engineer during the pre-application review, concept
plan review, or informal project review.
(d) For two-way stop controlled intersections, analysis of whether the
intersection would satisfy signalization warrants if the two-way
stop control was removed.
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hg. Capacity. Indicate the levels of service (before and after development) of existing
and proposed streets and roads, including appropriate intersections, to safely
handle any increased traffic. Describe any anticipated increased maintenance that
will be necessary due to increased traffic and who will pay the cost of
maintenance.
h. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and
pedestrian pathways, lanes or routes to be developed with the development.
i. Traffic calming. Detailed drawings of any proposed traffic calming installations,
including locations and turning radius templates.
j. The information needed to demonstrate proposed compliance with 38.270. Special
care is needed when concurrent construction is proposed.
1213. Non-Municipal Utilities. The developer must submit a copy of the subdivision
plat to all relevant utility companies. With the preliminary plat, the developer must
provide written documentation of the following:
a. Affected utilities. Indicate which affected utilities the subdivision plat has been
submitted to for review, and include a copy of responses.
b. Include a description of:
(1) The method of furnishing electric, natural gas, cable TV, internet or telephone
service, where provided.
(2) Estimated timing of each utility installation.
(3) The developer must provide a written statement from the utility companies that
the proposed subdivision can be provided with service.
c. Non-municipal utility locations shall be coordinated with locations of municipal
utilities.
14. Educational facilities. With the preliminary plat, provide a written statement from the
administrator of the appropriate school system indicating whether the increased
enrollment can be accommodated by the present personnel and facilities and by the
existing school bus system.
1315. Land use.
a. Indicate the proposed use and number of lots or spaces in each:
(1) Residential area, single-household;
(2) Residential area, multiple-household. Types of multiple-household structures
and numbers of each (e.g., two or four unit structures);
(3) Planned unit development (number of units);
(34) Condominium (number of units);
(5) Manufactured housing community (number of units);
Commented [CS12]: PUD isn’t a subdivision land use type, it is
a review process.
Commented [CS13]: Manufactured homes are another form of
single household residence.
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(46) Recreational vehicle park;
(57) Commercial or industrial; and
(68) Other (please describe).
1416. Parks and recreation facilities. The following information must be provided for all
land used to meet parkland dedication requirements:
a. Park plan. A park plan, including:
(1) Site plan with one-foot contour topographic survey for the entire property;
showing proposed developer installed improvements on the initial park plan
and proposed future improvements on the future park plan, and phasing
proposed if any, exact product specifications are not required;
(2) Drainage areas;
(3) Utilities within, serving, and adjacent to the property;
(4) The zoning and ownership for adjacent properties; Existing or proposed
utility easements within the property;
(5) The location of any critical lands (wetlands, riparian areas, streams, etc.) and
location of watercourse setbacks and any permits from non-city agencies
required to execute the proposed plan;
(6) Park conceptual landscaping plan, prepared by a qualified landscape
professional in accordance with section 38.220.100 unless the parks
department has adopted an alternate plan standard, showing the location and
specific types and species of plants, shrubs, trees as well as grass seed mixes
and the irrigation system including but not limited to identification of water
source, points of connection, mains, laterals, valves, zones, and sprinkler
heads;
(7) General description of land, including size, terrain, details of location and
history, water features, and proposed activities;
(8) Trail design and construction showing compliance with adopted city
standards and trail classifications;
(9) The requirement for approval of the final park plan by the review authority
with a recommendation from the city recreation and parks advisory board
prior to any site work;
(10) The requirement for a preconstruction meeting prior to any site work;
(911) Appropriate sections from the design guidelines for city parks;
(102) Cost estimate, installation phasing and responsibility, and maintenance
plan tasks and responsibility for custom features or atypical designsall
improvements;
(113) If playground equipment will be provided with initial installation by the
subdivider, information including the manufacturer, installation data and
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specifications, installer, type of fall zone surfacing and age group intended
for use; otherwise a general identification of proposed function;
(124) Soils information and analysis;
(135) A description of how the proposed park plan is consistent with the goals of
the city's current long range parks plan for parks;
(146) A description of how the proposed park will meet the recreational needs of
the residents of the development;
(157) The proposed manner of providing irrigation to the park including water
source, amount of water expected to be consumed annually, and proposed
manner of transfer of water facilities and rights to the city; and
(168) A phase I environmental assessment of the area proposed to be transferred
to the city or property owner's association.
b. Park maintenance.
(1) Maintenance information, including levels of maintenance, a maintenance
schedule, and responsible parties;
(2) Weed control plan, including responsible parties; and
(3) Plan for garbage collection, snow removal and leaf removal including
responsible parties.
bc. Irrigation information.
(1) An irrigation system map generally showing the locations and types of lines,
including depth, water source, heads, electric valves, quick couplers, drains
and control box; and
(2) If a well will be used for irrigation, a certified well log must be submitted
showing depth of well, gpm, pump type and size, voltage, water rights, etc.
cd. Phasing. If improvements will be phased, a phasing plan must be provided
including proposed financing methods and responsibilities.
de. Cash-in-lieu and Improvements-in-lieu. If the development includes a proposal for
cash-in-lieu or improvements-in-lieu of park a specific justification responding to
the cash- in-lieu review factors established by resolution of the city commission.
If improvements-in-lieu are proposed specific costs of proposed improvements
and costs to install must be provided.
1517. Neighborhood center plan. A neighborhood center plan must be prepared and
submitted for all subdivisions containing a neighborhood center.
1618. Lighting plan. The following subdivision lighting information must be submitted
for all new subdivisions development where lighting is proposed other than within the
street right of way:
a. For subdivision applications where lighting is required or proposed, l ighting
plans must be submitted to the city for review and approval, and must include:
Commented [CS14]: Expectation is that anything within the
ROW will be addressed through Engineering plan and specification
review later.
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(1) Isofootcandle plots for individual fixture installations, and ten-foot by ten-
foot illuminance-grid plots for multifixture installations, which demonstrate
compliance with the intensity and uniformity requirements as set forth in this
chapter.
(2) Description of the proposed equipment, including fixture manufacturer's
cutsheets, photometrics, glare reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details and mounting methods.
(3) The lighting plan must be prepared, and certified for compliance with the
city's design requirements and illumination standards, by a qualified lighting
professional. Qualified lighting professionals include electrical engineers,
architects, lighting designers and manufacturers representatives.
(4) Lighting calculations may include only the illuminated areas; areas occupied
by buildings or other nonlighted areas must be excluded from calculations.
Proposed fixture locations, types, source of power, and demonstration of
compliance with city lighting standards.
b. When requested by the city, the applicant must also submit a visual-impact plan
that demonstrates appropriate steps have been taken to mitigate on-site and off-
site glare and to retain the city's character.
c. Post-approval alterations to lighting plans or intended substitutions for approved
lighting must only be made after city review and approval.
1719. Miscellaneous.
a. Public lands. Describe how the subdivision will affect access to any public lands.
Where public lands are adjacent to or within 200 feet of the proposed
development, describe present and anticipated uses for those lands (e.g., open
space, recreation, etc.), and how public access will be preserved/enhanced.
b. Hazards. Describe any health or safety hazards on or near the subdivision, such as
mining activity or potential subsidence, high pressure gas lines, dilapidated
structures or high voltage power lines. Any such conditions must be accurately
described and their origin and location identified. List any provisions that will be
made to mitigate these hazards. Also describe any on-site or off-site land uses
creating a nuisance.
c. Wildlands-urban interface. Describe the subdivision's location within or proximity
to the wildlands-urban interface (WUI) and ember zone designated by the most
recent city-adopted hazard mitigation plan. Describe any hazard from the
subdivision's proximity to the WUI. List any provisions that will be used to
mitigate these hazards and reduce structure ignitability.
1820. Affordable housing. Describe how the subdivision will integrate with satisfy the
requirements of division 38.380. The description must be of adequate detail to clearly
identify those lots complying withdesignated as subject to division 38.380 compliance
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requirements and to make the obligations placed on the affected lots readily
understandable.
a. On all lots intended to comply with be used to satisfy the requirements of division
38.380, the allowable building envelope must be depicted.
19. A description of how the proposed subdivision advances the adopted growth policy.
Section 9
That Section 38.220.070 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.070. Final plat.
A. The following materials must be provided with each application for final plat approval.
Materials must be provided in the number of copies and form established by the director of
community development.
1. The developer must submit with the application for final plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions or other demonstrations of compliance with standards have been
satisfactorily addressed. This narrative must be in sufficient detail to direct the
reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
21. A letter from the city engineer certifying that the following documents have been
received:
a. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for
public improvements, including a complete grading and drainage plan; and/or
b. Approved and executed concurrent construction plan or improvements agreement.
bc. Copy of the state highway access or encroachment permit where a street created
by the plat will intersect with a state highway.
32. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding
must be entered into by the weed control district and the developer. The memorandum
of understanding must be signed by the district and the developer prior to final plat
approval, and a copy of the signed document must be submitted to the community
development department with the application for final plat approval.
43. Final park plan. For all land used to meet parkland dedication requirements, a final
park plan must be submitted to the city for review and approval prior to final plat. The
final park plan must include all of the information listed in section 38.220.060.A.1516
and must include evidence of compliance with the installation requirements of division
38.270.
54. Irrigation system as-builts. The developer must provide irrigation system as-builts, for
all irrigation installed in public rights-of-way and/or land used to meet parkland
dedication requirements, once the irrigation system is installed. The as-builts must
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include the exact locations and type of lines, including accurate depth, water source,
heads, electric valves, quick couplers, drains and control box.
65. Affordable housing. If the plat has used the provisions of division 38.380, Tthe
developer must provide a description of how the subdivision has complied with
division 38.380. The description must be of adequate detail to clearly identify those
lots designated as subject to division 38.380 compliance requirements and to make the
obligations placed on the affected lots readily understandable.
76. Conditions of approval. A sheet(s) of the plat depicting conformance with subdivision
application approval must be submitted as set forth in 24.183.1107 ARM as may be
amended and as required by the county clerk and recorder, and must:
a. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title
block including the quarter-section, section, township, range, principal meridian,
county, and, if applicable, city or town in which the subdivision is located.
b. Contain any text and/or graphic representations of requirements by the governing
body for final plat approval including, but not limited to, setbacks from streams or
riparian areas, floodplain boundaries, no-build areas, building envelopes, or the
use of particular parcels.
c. Include a certification statement by the landowner that the text and/or graphics
shown on the conditions of approval sheet(s) represent(s) requirements by the
governing body for final plat approval and that all conditions of subdivision
application have been satisfied.
d. Include a notation stating that the information shown is current as of the date of
the certification, and that changes to any land-use restrictions or encumbrances
may be made by amendments to covenants, zoning regulations, easements, or
other documents as allowed by law or by local regulations.
e. Include a notation stating that buyers of property should ensure that they have
obtained and reviewed all sheets of the plat and all documents recorded and filed
in conjunction with the plat, and that buyers of property are strongly encouraged
to contact the local community development department and become informed of
any limitations on the use of the property prior to closing.
f. List all associated recorded documents and recorded document numbers.
g. Include a tabulation of parkland credit for the entire subdivision and attributed to
each lot.
h. Include a tabulation of open space.
i. List easements, including easements for agricultural water user facilities.
87. Documents. The following documents must accompany the final plat:
a. A title report or certificate of a title abstractorsubdivision guarantee per MCA 76-
3-612;
b. Any covenants or deed restrictions relating to the subdivision;
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c. The security required pursuant to section 38.270.060, securing the future
construction of any remaining private or public improvements to be installed;
d. Unless otherwise provided in this chapter, copies of final plans, profiles, grades,
and specifications for improvements, including a complete grading and drainage
plan, with the certification of a professional engineer that all required
improvements which have been installed are in conformance with the attached
plans. The subdivider must file copies of final plans, profiles, grades, and
specifications for improvements, including a complete grading and drainage plan,
with the certification of a professional engineer that all required improvements
which have been installed are in conformance with the attached plans, with the
city engineering division, of the department of public works and the city parks
department. A statement must be included on the conditions of approval sheet
stating where the plans can be obtained;
e. If a street, alley, avenue, road, or highway created by the plat will intersect with a
state or federal right-of-way, a copy of the access or encroachment permit;
f. A title report or certificate of a title abstractor subdivision guarantee for any off-
site land intended to satisfy park dedication requirements. The subdivision
guarantee must be dated no earlier than 30 calendar days prior to submittal.;
g. Any deeds and real estate transfer certificate, or other documents for transfer of
land and/or improvements to the city or the property owners' association or other
entity;
h. Any deeds or documents for transfer of water rights; including but not limited to
all required state department of natural resources and conservation documentation,
e.g. ownership update form, permit, groundwater certificate and/or change
authorization; and
i. Any other documents satisfying subdivision application approval required by the
governing body to be filed or recorded.
9. For non-public improvements, the developer must provide certification by the
architect, landscape architect, engineer or other applicable professional that all
improvements, including, but not limited to, landscaping, ADA accessibility
requirements, private infrastructure, and other required elements were installed in
accordance with the approved plans and specifications, or plat as applicable, unless a
waiver of certification in whole or part is explicitly approved by the DRC.
8. The developer must submit with the application for final plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed. This narrative must be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note,
covenant, etc. in the submittal.
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Section 10
That Division 38.220 Part 2 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.300. General.
When required, the supplementary documents described in this division, must be submitted
in draft form with the preliminary plat or plan, and signed and notarized with the final plat or
plan. The proper notary block must be used.
Sec. 38.220.310. Property owners' association.
A. The City must approve the governing documents or amendments to the governing
documents of a subdivision or other development if as part of the approval the city required
the governing documents to include provisions that directly and materially address a
condition of approval or other adopted standards related to the development including but
not limited to 38.270.090.
BA. When ApplicableGeneral. If the review authority determines a common area or open space,
facility, or any other infrastructure is to be created or constructed as part of the development
and such common area or open space, facility, or infrastructure is required to be either
owned by or maintained by the property owners' association the developer must provide
supplemental documents, as applicable, that (i) transfer ownership of common area, facility,
or infrastructure to the property owners' association; (ii) provide for the perpetual
maintenance of common area, facility, or infrastructure by the property owners' association;
and (iii) identify if access to the common area open space or facility is available to the
public or is restricted to the members of the property owners' association. Property owners'
association bylaws or the declaration of covenants, conditions and restrictions must be
prepared and recorded with the final plat or plan.
CB. Bylaws or covenants, conditions and restrictions contents. The items listed below are
required to be included in the property owners' association bylaws or declaration of
covenants, conditions and restrictions and must be clearly identified within the documents.
The covenants must at a minimum, provide:
1. The property owners' association will be formed before any properties are sold.
2. Membership is automatic and mandatory for each property or unit buyer and any
subsequent buyer.
3. Means of enforcing the covenants, and of receiving and processing complaints.
4. Common area and facilities must be perpetually reserved.
5. The association is responsible for liability insurance, any applicable tax assessments
and the maintenance of any common area or facilities.
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6. Property or unit owners must pay a pro rata share of the cost of any common expenses,
with any assessment charged by the association becoming a lien where necessary on
individual parcels.
7. The association may adjust the assessment to meet changed needs.
8. The conditions and timing of the transfer of ownership and control of common areas
and facilities from the declarant to the association.
9. The permission of the city commission is required before the association can be
dissolved or the boundaries altered.
10. Regular maintenance program for items included in section 38.270.090.A and any
other common area and facilities and that the association is responsible for the
maintenance program.
DC. If the property owners' association fails to install or maintain improvements according to
approved plans, the city may, at its option, complete construction of improvements and/or
maintain improvements in compliance with section 38.220.320200 and division 38.270 of
this chapter. The city's representative, contractors and engineers must have the right to enter
upon the property and perform such work, and the property owners' association must permit
and secure any additional permission required to enable them to do so. The city will bill the
property owners' association for any costs associated with the installation or maintenance of
improvements.
D. For a multiphase project, the property owners' association must be created for the entire
project with the first phase.
E. To ensure continued maintenance of common areas and facilities, and on-going fulfillment
of all obligations no property may be removed from the property owners' association
without prior approval by the city commission.
Sec. 38.220.320. Covenants.
A. The city may require covenants to be recorded with the final plat or condominium when it is
determined they are necessary for the protection of the public health, safety and general
welfare and compliance with conditions of approval or compliance with standards including
but not limited to 38.270.090. Review of covenants must comply with section
38.240.150.A.3. All covenants must be considered to run with the land. If the covenants are
not marked or noted on the final subdivision plat or other final approval document, they
must be contained in a separate instrument which must be recorded with the final plat or
prior to final approval of other applications. The covenants may be required to include, but
are not limited to, the following provisions:
1. That all county declared noxious weeds will be controlled as required in MCA Title 7,
Chapter 22, Part 21.
2. A section addressing agricultural uses of neighboring properties in the following form:
Commented [CS15]: The state added restrictions on what the
City can control in covenants this session.
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"Lot owners and residents of the subdivision are informed that adjacent uses may be
agricultural. Lot owners accept and are aware that standard agricultural and farming
practices can result in dust, animal odors and noise, smoke, flies, and machinery noise.
Standard agricultural practices feature the use of heavy equipment, chemical sprays
and the use of machinery early in the morning and sometimes late into the evening."
3. That all fences bordering agricultural lands must be maintained by the landowners in
accordance with MCA Title 70 Chapter 16 Part 2, Title 81 Chapter 4 Part 1, or other
relevant state law.
4. That any covenant which is required as a condition of the preliminary plat approval or
other development and required by the city commission may not be amended or
revoked without the mutual consent of the owners in accordance with the amendment
procedures in the covenants, and the city commission.
5. Common area and facility maintenance plan. The developer must submit a legal
instrument setting forth a plan consistent with 38.270.090 providing for the permanent
care and maintenance of common areas and facilities. The same must be submitted to
the city attorney and must not be accepted by the city until approved as to legal form
and effect. Common areas and facilities must be deeded to a property owners'
association and, the applicant must record the proposed documents governing the
association at the time of final plat filing. Creation of a special maintenance district
satisfies this requirement.
6. Common area and facility maintenance guarantee and process. In the event the
organization or any successor organization established to own and maintain common
areas and facilities, must at any time fail to maintain the common areas or facilities in
reasonable order and condition in accordance with the approved plan, the city may
cause written notice to be served upon such organization or upon the owners of
property in the development. The written notice must set forth the manner in which the
common areas or facilities have failed to be maintained in reasonable condition. In
addition, the notice must include the demand that the deficiencies noted be cured
within 30 days thereafter and must state the date and place of a public meeting to be
held within 14 days of the notice. At the time of public meeting, the city commission
may modify the terms of the original notice as to deficiencies and may extend the time
within which the same may be cured. If the deficiencies set forth in the original notice
or modifications are not cured within the time set, the city may enter upon such
common facilities and maintain the same for a period of one year, in order to preserve
the taxable values of properties within the development and to prevent the common
facilities from becoming a public nuisance. Such entry and maintenance must not vest
in the public any right to use the common facilities not dedicated to public use. Before
the one year period expires, the commission must, upon its own initiative or upon
written request of the organization theretofore responsible for maintenance, call a
public meeting and give notice of such meeting to the organization responsible for
maintenance or the property owners' of the development. At the meeting, the
organization responsible for maintenance and/or the residents of the development may
show cause why maintenance by the city should not be continued for a succeeding
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year. If the city commission determines that it is not necessary for the city to continue
such maintenance, the city must cease such maintenance at the time established by the
city commission. Otherwise the city must continue maintenance for the next
succeeding year subject to a similar meeting and determination at the end of each year
thereafter.
a. The cost of maintenance by the city must be a lien against the common facilities
of the development and the private properties within the development. The city
commission must have the right to make assessments against properties in the
development on the same basis that the organization responsible for maintenance
of the facilities could make such assessments. Any unpaid assessment must be a
lien against the property responsible for the same, enforceable the same as a
mortgage against such property. The city may further foreclose its lien on the
common facility by certifying the same to the county treasurer for collection as in
the case of collection of general property taxes.
b. Should the property owners' association request that the city assume permanent
responsibility for maintenance of facilities, all facilities must be brought to city
standards prior to the city assuming responsibility. The assumption of
responsibility must be by action of the city commission and all costs to bring
facilities to city standards must be the responsibility of the property owners'
association. The city may create special financing mechanisms so that those
properties within the area affected by the property owners' association continue to
bear the costs of maintenance.
c. The city must assume permanent responsibility for maintenance of public areas
and facilities when a dedicated funding mechanism is adopted.
7. Guarantee for open space preservation. Open space shown on the approved final plan
or in the approved plat application must not be used for the construction of any
structures not shown on the final plan.
8. Covenants may not contain provisions which inhibit compliance with the requirements
of division 38.380, for those developments subject to division 38.380. Some examples
are: privately required minimum home or lot sizes which cannot be met.
89. Covenants and condominium declaration documents must require condominiums to be
assigned street addresses in compliance with chapter 10, article 7 BMC. Addressing
must not use X or other generic statements. Draft documents submitted for review
prior to final approval must include correct addresses.
910. Stormwater facilities maintenance as required by chapter 40 article 4 BMC.
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Section 11
That Section 38.220.420 of the Bozeman Municipal Code be amended as follows:
Sec. 38.220.420. Notice requirements for application processing.
A. The following minimum standards for timing, location of noticing area and type of notice
must be provided.
1. Noticing provisions are cumulative with the maximum combination of noticing
requirements being provided. When more than one newspaper notice is required, only
one of the required publication dates must fall within the minimum and maximum days
required. Newspaper publications for public hearings follow the requirements of MCA
7-1-4127 in addition to the requirements of Table 38.220.420.
2. Distance in Table 38.220.420 is the distance from the exterior property boundary of the
site to all or part of another parcel of land whose owners must be notified of a
governmental action. This distance includes the width of a right-of-way or other public
ownership.
3. Notice must be provided not less than 15 or more than 45 calendar days prior to the
close of the public comment period or public hearing unless otherwise specified in this
chapter.
4. Mail by first class or certified mail is to all landowners within 200 feet.
5. For all developments in Table 38.220.040 which require mailed notice, the applicant
must provide a list of names and addresses of all property owners, including names and
addresses of owners of individual condominiums, wholly or partially within 200 feet of
the site. The list must be drawn from the most current known property owners of
record as shown in the records of the county clerk and recorder's office. Where
certified mail is required separate mailing labels may also be required.
6. The community development director will establish procedures for mailing notice.
7. The applicant is responsible for mailing notice. The city will provide the notice to the
applicant for duplication not less than four days prior to the notice period. The notice
must be distributed such that notices are submitted to the United States Postal Service
at least two days before the beginning of the notice period. The return address on the
envelopes must be the mailing address established by the community development
director.
B. If for some reason a required property owner fails to receive mail notification of a scheduled
public hearing or other public comment opportunity, or if one or more of the required
posted signs in the area or on the site for which the public hearing or other public comment
opportunity is being held is inadvertently moved through no fault of the city, this in no way
invalidates the legal notice requirements of the scheduled public hearing or other public
comment opportunity.
C. Notice may also be provided to property owners' in any additional area that may be
substantially impacted by an application the proposed change or use as determined by the
Commented [CS16]: Moved from footnotes to main text.
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community development director. The community development director may use other
means in addition to posting, mailing, or publication to provide notice.
D. Notice is not required for final plans and final plats.
D. 1. For all developments in Table 38.220.040 which require mailed notice, the applicant must
provide a list of names and addresses of all property owners, including names and addresses of
owners of individual condominiums, wholly or partially within 200 feet of the site. The list must
be drawn from the most current known property owners of record as shown in the records of the
county clerk and recorder's office. Where certified mail is required separate mailing labels may
also be required.
2. The community development director will establish procedures for mailing notice.
3. The applicant is responsible for mailing notice. The city will provide the notice to the
applicant for duplication not less than four days prior to the notice period. The notice must
be distributed such that notices are submitted to the United States Postal Service at least two
days before the beginning of the notice period. The return address on the envelopes must be
the mailing address established by the community development director.
Table 38.220.420
Minimum standards for timing, location of noticing area and type of notice.
Application Minimum
Days12
Maximum
Days12
Distance1 Notice Type
Text amendment 15 45 NA Newspaper
once
Zone Map Amendment2 -
rezoning or with annexation
15 45 200 Newspaper
once, post
on-site, mail
1st class
Zone Map AAmendment2 -
Resulting from ordinance
changes
15 45 None Newspaper
once
ZMA2 - Annexation w/
initial zoning
15 45 None Newspaper
once, post
on-site, mail
1st class
Variance -– Floodplain and,
zoning, and subdivision
15 45 200 Newspaper
once (zoning
2 times),
post on-site,
mail 1st
class
Commented [CS17]: Duplicative to ZMA in general.
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Noticing for 76-2-402, MCA
claims
15 45 None Newspaper 2
times, post
on-site
Deviation 15 45 200 Newspaper 2
times, post
on-site, mail
1st class
Appeals of Administrative
Project Decisions3
15 45 2003 Newspaper 2
times, post
on-site, mail
1st class
Appeals of Administrative
Interpretations
None Newspaper
Sketch plan/reuse/change in
use/further development
None None None None
Sketch plans for adding
dwellings in the
neighborhood conservation
overlay district, demolition
of historic structures as
defined in article 7 of this
chapter, or modification of
wetlands. Sketch plan4
15 45 None Post on-site
Informal/concept plan None None None None
Preliminary site plan and
master site plan
15 45 200 Post on-site,
mail 1st
class
Preliminary Planned Unit
Development5
15 45 200 Newspaper 2
times, post
on-site, mail
1st class
Preliminary Conditional Use
Permit6 / Special Use
Permit13
15 45 200 Newspaper 2
times, post
on-site, mail
1st class
Floodplain permit 15 45 200 Newspaper,
mail 1st
class
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Certificate Of
Appropriateness7
None None None None
Final site plan None None None None
Final PUD plan None None None None
Final CUP plan None None None None
Subdivision exemption None None None None
Subdivision subject to 76-3-
616 including subdivision
variances
200 Post on-site,
mail 1st
class
Subdivision subject to 76-3-
623 including subdivision
variances
200 Newspaper ,
post on-site,
certified
mail to
adjacent
owners,
mail 1st
class all
others
1st minor subdivision
without variance -
preliminary plat/ Extensions
of subdivision approvals
beyond two years
15 45 200 Mail 1st
class
1st minor subdivision with
variance/2nd minor/major
subdivision/expedited
subdivision - Preliminary
plat
15 (Planning
Board)
45(Commission) 200 Newspaper8 ,
post on-site,
mail 1st
class9 ,
certified
mail10
Final plat None None None None
Notice of violation per
38.200.16011
15 45 None Post on-site,
cCertified
mail to
landowner
Notes:
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1. The distance from the exterior property boundary of the site to all or part of another
parcel of land whose owners must be notified of a governmental action. This distance
includes the width of a right-of-way or other public ownership.
2. Zone map amendment, division 38.260 of this chapter.
3. Posting and mailing only applies to appeals taken from actions to approve, approve
with conditions or deny a development proposal and not to appeals of administrative
interpretations.
4. Sketch plans for adding dwellings in the neighborhood conservation overlay district,
demolition of historic structures as defined in article 7 of this chapter, or modification
of wetlands.
5. Planned unit development, division 38.430 of this chapter.
6. Conditional use permit, division 38.230 of this chapter.
7. Certificate of appropriateness, division 38.340 of this chapter.
8. When newspaper notice is required the notice must be published in a newspaper of
general circulation. reserved
9. Mail by first class to all landowners within 200 feet except those subject to certified
mail. When a condominium includes land within the 200 foot distance all owners in the
condominium are included in the noticing, not only those units within 200 feet.
10. Certified mail must be sent to recorded purchasers under contract for deed in addition
to owners of physically contiguous property and the subdivider. reserved
11. Notices of violation subject to section 38.200.160.
12. Days prior to the close of the public comment period or public hearing unless
otherwise specified in this chapter.
13. Special use permit, section 38.230.120 of this chapter.
Section 12
That Division 38.240 Part 1 of the Bozeman Municipal Code be amended as follows:
DIVISION 38.240. SUBDIVISION PROCEDURES
Part 1. Subdivision and Platting Administrative Procedures
Sec. 38.240.010. Transfers of title.
A. Unless the plat is located in an area where the state or the city does not have jurisdiction, no
transfer of title may occur except as allowed in MCA 76-3-301, 76-3-302, and 76-3-303.
every final subdivision plat must be filed for record with the county clerk and recorder
before title to the subdivided land can be sold or transferred in any manner. After a
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preliminary subdivision plat has been approved or conditionally approved, the developer
may enter into contracts to sell lots in the proposed subdivision if all of the following
conditions are met:
1. Under the terms of the contracts, the purchasers of lots in the proposed subdivision
must make any payments to an escrow agent which must be a bank or savings and loan
association chartered to do business in the state;
2. Under the terms of the contracts and the escrow agreement, the payments made by
purchasers of lots in the proposed subdivision may not be distributed by the escrow
agent to the developer until the final plat of the subdivision is filed and of record with
the county clerk and recorder;
3. The contracts and the escrow agreement provide that if the final plat of the proposed
subdivision is not filed with the county clerk and recorder within two years of the
preliminary plat approval, the escrow agent must immediately refund to each purchaser
any payment made under the contract;
4. The county treasurer has certified that no real property taxes and special assessments
assessed and levied on the land to be divided are delinquent; and
5. The contracts must contain the following language conspicuously set out therein: "The
real property which is the subject hereof has not been finally platted, and until a final
plat identifying the property has been filed with the county clerk and recorder, title to
the property cannot be transferred in any manner."
B. Unless the plat is located in an area where the state or the city does not have jurisdiction, the
county clerk and recorder may not record any instrument that purports to transfer title to a
parcel or tract of land that is required to be surveyed by the Montana Subdivision and
Platting Act (MCA 76-3-101 et seq.) unless the required certificate of survey or subdivision
plat has been filed with the county clerk and recorder and the instrument of transfer
describes the parcel or tract by reference to the filed certificate or plat. This provision does
not apply if the parcel or tract to be transferred was created before July 1, 1973, and the
instrument of transfer for the parcel or tract includes a reference to a previously recorded
instrument of transfer or is accompanied by documents that, if recorded, would otherwise
satisfy the requirements of this subsection B. The reference or document must demonstrate
that the parcel or tract existed before July 1, 1973. However, these references or documents
do not constitute a legal description of the property and may not be substituted for a legal
description of the property.
Sec. 38.240.020. Effect of recording complying plat.
The recording of any plat made in compliance with the Montana Subdivision and Platting
Act (MCA 76-3-101 et seq.) has the effects established in MCA 76-3-304. serves to establish the
identity of all lands shown on and being a part of such plat. Where lands are conveyed by
reference to a plat, the plat itself or any copy of the plat, properly certified by the county clerk
and recorder as being a true copy thereof, must be regarded as incorporated into the instrument
of conveyance and must be received in evidence in all courts of this state.
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Sec. 38.240.030. Correction of errors, amendments or vacation of recorded final plats.
A. Correction of errors. Correction of errors by private parties that, in the opinion of the city,
will not materially alter the plat may be made by the submission of a corrected final plat for
the city's approval per 38.240.160. The plat may be filed under the procedures for first
minor subdivision plats. The plat must be entitled "amended plat of the (name of
subdivision) subdivision," and the reason for the correction must be stated on the face of the
plat.
B. Material alterations. Amendments that materially alter the final plat, or any portion thereof,
must be made by the filing of an amended plat showing all alterations. The amended plat
must be approved by the city under the major or minor subdivision review procedure as if it
were a new application, as is appropriate. Prior to such approval, the amended plat must be
reviewed by the community development department. The city may not approve an
amendment which will place the plat in nonconformance with any applicable the standards
contained herein unless a public hearing is held on the plat and a written variance from the
standards approved issued pursuant to the procedures contained herein for such variances is
granted. The plat must be entitled "amended plat of (the name) subdivision," and the reason
for the amendment must be stated on the face of the plat.
C. Vacating recorded plats. Any plat prepared and recorded as provided by this chapter may be
vacated, in whole or in part, as provided by MCA 76-3-305. by MCA 7-5-2501, 7-5-2502,
7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the
city, or the district court, as provided in MCA 7-5-2502, must determine to which properties
the title to the streets and alleys of the vacated portions must revert. The city, or the district
court, as provided in MCA 7-5-2502, must take into consideration the previous platting; the
manner in which the right-of-way was originally dedicated, granted or conveyed; the
reasons stated in the petition requesting the vacation; the parties requesting the vacation;
and any agreements between the adjacent property owners' regarding the use of the vacated
area. The title to the streets and alleys of the vacated portions may revert to one or more of
the owners of the properties within the platted area adjacent to the vacated portions.
1. Utility easements. When any poleline, pipeline or any other public or private facility is
located in a vacated street or alley at the time of the reversion of the title to the vacated
street or alley, the owner of the public or private utility facility has an easement over
the vacated land to continue the operation and maintenance of the public or private
utility facility.
Sec. 38.240.040. Correction of recorded plat by governing body.
When a recorded plat does not definitely show the location or size of lots or blocks, or the
location or width of any street or alley, the city may at its own expense cause a new and correct
survey and plat to be made and recorded in the office of the county clerk and recorder. The
corrected plat must, to the extent possible, follow the plan of the original survey and plat. The
surveyor making the resurvey must endorse the corrected plat referring to the original plat, and
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noting the defect existing therein and the corrections made.Under the circumstances set in MCA
76-3-614 the City Commission may require correction of a recorded plat.
Sec. 38.240.050. Disposition of water rights.
A. When a subdivision creates parcels with lot sizes averaging less than five acres, the
developer must address disposition of water rights as required in MCA 76-3-504.:
1. Reserve all or a portion of the appropriation water rights owned by the owner of the
land to be subdivided and transfer the water rights to a single entity for use by the
landowners within the subdivision who have a legal right to the water and reserve and
sever any remaining surface water rights from the land;
2. If the land to be subdivided is subject to a contract or interest in a public or private
entity formed to provide the use of a water right on the subdivision lots, establish a
landowner's water use agreement administered through a single entity that specifies
administration and the rights and responsibilities of landowners within the subdivision
who have a legal right and access to the water; or
3. Reserve and sever all surface water rights from the land proposed for subdivision.
Section 13
That Division 38.240 Part 2 of the Bozeman Municipal Code be amended as follows:
DIVISION 38.240. SUBDIVISION PROCEDURES
Part 2. Review Procedures for Subdivisions
Sec. 38.240.100. General review procedure.
Every plat of subdivision must be reviewed, approved by the City Commission and filed for
record with the county clerk and recorder in accordance with the procedures contained herein
before title to the subdivided land can be sold or transferred in any manner. The applicant must
identify the review procedure they intend to use as part of the initial application for preliminary
plat. When determining the number of lots in a subdivision all created parcels including park and
utility lots count towards the total number of lots. Subdivisions containing six or more lots are
considered major subdivisions. A subdivision containing five or fewer lots, in which proper
access to all lots is provided and in which no land is to be dedicated to public use for parks and
playgrounds, is a minor subdivision.
Subdivision
Type
Pre-application
Review
Required
Element and
Sufficiency
Review Required
Preliminary Plat
Review Period
After Sufficiency
Public Hearing
Held By
Review
Authority
Expedited Subdivision per 76-3-623
Commented [CS18]: With the several changes and new
procedures this decision is really important as it shapes other
requirements and procedures.
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All Type Yes Yes 35 working days City Commission City Commission
Subdivisions Subject to 76-3-616
1st Minor Yes Yes 35 working days None City Commission
2nd or
Subsequent
Minor
Yes Yes 60 working days None City Commission
Major – 6-50
lots
Yes Yes 60 working days None City Commission
Major >50
lots
Yes Yes 80 working days None City Commission
Phased Development Per 76-3-617 MCA
Any Type Yes Yes 30 working days City Commission City Commission
Sec. 38.240.110. Presubmittal meeting and pPre-application plan review.
A. The purpose of a pre-application plan review is to discuss this chapter and these other
applicable standards, to familiarize the developer with the standards, goals and objectives of
applicable plans, regulations and ordinances, and to discuss the proposed subdivision as it
relates to these matters.
1. Minor All subdivisions. Prior to the submittal of a subdivision application for a minor
subdivision, the developer must submit an application for subdivision pre-application
review.
2. Major subdivisions. Prior to the submittal of a subdivision application for a major
subdivision, the developer must submit an application for subdivision pre-application
review. The developer is encouraged to have a presubmittal meeting with the
community development department prior to submitting a subdivision pre-application.
23. Pre-application plan review. For subdivision pre-application review, the developer
must submit a complete application for pre-application plan review, the appropriate
review fee, and copies of all required pre-application information as set forth in section
38.220.030.
a. Community development department City review. The community development
department coordinates the review within the City and with outside agencies. must
review the pre-application plan and advise the developer as to whether the plans
and data meet the goals and objectives of applicable plans and this chapter.
(1) Agency review. The community development department will distribute the
pre-application information to appropriate county and city departments and
state and federal agencies for review and written comment. All written
Commented [CS19]: This duty is set by state law.
Commented [CS20]: Specific requirement from 76-3-617
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comments received from various agencies, along with the community
development department's comments regarding whether the plans and data
meet the standards, goals and objectives of applicable plans, ordinances, and
this chapter, and for informational purposes identification of local
regulations, state laws, and growth policy provisions that may apply to the
subdivision process, will be forwarded to the applicant to aid in the
preparation of the subdivision application. The community development
department must provide a list of the public utilities, agencies of government,
and other parties who may be contacted and their timeframes for comment
on the subdivision application. The comments collected by the community
development department must be provided in person or by letter to the
subdivider or their agent within 30 working days of a complete application
being received by the city. The 30 working day review period is met if the
letter is dated, signed and placed in the outgoing mail within the 30 working
day review period.
(2). The applicant may request a waiver from information required to be
submitted with a preliminary plat. In order to be granted a waiver the
applicant must include with the submission of the subdivision pre-
application a written statement describing the requested waiver and the
reasons upon which the request is based. All waivers must be initially
identified with the pre-application stage of review. The DRC is responsible
for granting waivers, and the community development department staff must
notify the developer in writing of any waivers granted from section
38.220.060 after the pre-application review. Information not waived at the
time of pre-application must be provided with the preliminary plat
application.
(32) Time for review. The community development department must review the
pre-application plan and within 30 working days advise the developer as to
whether the plans and data meet the goals and objectives of applicable plans
and this chapter. Every effort must be made by the community development
department to obtain department and agency comment within this time
period.
b. Optional planning board review. If the developer so wishes, the developer may
request in writing that the planning board review pre-application plans. The letter
of request and additional copies of the pre-application materials are required for
this optional review.
(1) The request must be received at least 320 working days prior to the planning
board meeting at which it is to be considered. The application will be
submitted to the planning board at their next available meeting. A copy of
the approved minutes of the planning board meeting will be forwarded to the
developer. Comments are advisory and are not binding or limiting on the
City’s review of any subsequent subdivision application.
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c. Time for follow-up submittal. A complete subdivision preliminary plat application
must be submitted to the community development department within one calendar
year of the date the planning office dates, signs and places the letter in the
outgoing mail or sends the letter via electronically mail.
d. The property owner will not receive No formal written notification on the
acceptability or adequacy of a subdivision pre-application plan submittal is
provided. Written comments as to applicability of standards, requested waivers,
required corrections, and procedures will be provided at the conclusion of the
review. Written comments may be provided electronically.
Sec. 38.240.120. Concurrent Montana Subdivision and Platting Act and Sanitation and
Subdivision Act review.
For Sanitation and Subdivision Act review, the developer has the option of submitting a
state department of environmental quality (DEQ)/local government joint application form in the
place of a preliminary plat application form, and to request concurrent subdivision review by the
state department of environmental quality and the city, pursuant to MCA 76-4-129. Subdivisions
granted the exemption from sanitation review authorized in MCA 76-4-127 do not need to use
this provision.
Sec. 38.240.130. Preliminary plat – All Subdivisions Agency Review.
A. After the requirement for a pre-application review has been satisfied, the developer may
submit a subdivision application within one year of the date of the city's written comments
as required by section 38.240.110.A.3.a(2). Subdivision applications must be submitted,
along with the appropriate review fee and all required subdivision application information
as set forth in division 38.220 of this chapter to the community development department and
must conform to the requirements of this chapter. The preliminary plat must be prepared by
a surveyor licensed to practice in the state.
1. Acceptability and adequacy Element and sufficiency review of application. The City
shall complete the review for required elements and sufficiency as required in MCA
76-3-604. The working days specified in 76-3-604 are met if the written
communication is dated and placed in the outgoing US mail, or sent electronically,
within the required time. The time limits in subsections 1.a and b of this section apply
to each successive submittal of the application until a determination is made that the
application contains the required materials and is adequate for review and the
subdivider or their agent is notified.
a. The community development department must review a subdivision application
within five working days of receipt of the application and applicable fee. A
subdivision application is considered to be received on the date of delivery to the
reviewing agency if it is accompanied by the applicable review fee. An
application is acceptable only if it contains all of the information required by this
Commented [CS21]: Divided review process into more sections
so easier to find major steps
Commented [CS22]: This is the standard wording from state
law. Substance remains as is.
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chapter. If the application is unacceptable, the application, and a written
explanation of why the application is unacceptable will be returned to the
subdivider. If the application is acceptable the subdivider must be so notified. The
property owner may designate in writing another party to receive notifications
regarding acceptability. The five working day review period is met if the letter is
dated, signed and placed in the outgoing mail within the five working day review
period. If the applicant chooses to withdraw the application, the applicant may
request a refund if procedures for such have been created in the administrative
manual adopted by the director of community development. Subsequent
resubmittal must require payment of a review fee as if it were a new application.
b. After the application is deemed acceptable it must be reviewed for adequacy. The
review for adequacy must be conducted by the appropriate agency with expertise
in the subject matter. The adequacy review period begins on the next working day
after the date that the community development department determines the
application is acceptable and sends the required notice to the subdivider; and must
be completed within not more than 15 working days. The 15 working day review
period is met if the letter is dated, signed and placed in the outgoing mail within
the 15 working day review period. If the application is inadequate, a written
explanation of why the application is inadequate will be returned to the
subdivider. If the application is adequate the subdivider must be so notified. The
property owner may designate in writing another party to receive notifications
regarding adequacy.
(1) The City must notify the applicant if required information is missing from the
application. In the event the missing information is not received by the city and
the applicant has not provided an alternate schedule for timely submittal of the
required information within 15 30 working days of notification to the subdivider
of inadequacy, the City may declare the application unreviewable and terminate
the review. all application materials except the city's file record copy must be
returned to the subdivider or their representative. Subsequent resubmittal will
require payment of a review fee as if it were a new application.
(12) A determination that an application is adequate does not restrict the city from
requesting additional information during the subdivision review process. A
determination of adequacy establishes the applicable review criteria as
specified in section 38.200.080.A.
c. At the time of the pre-application review, Tthe DRC may grant reasonable
waivers from submittal of application materials required by these regulations
where it is found that these regulations allow a waiver to be requested and
granted. If in the opinion of the final approval authority the waived materials are
necessary for proper review of the development, the materials must be provided
before review is completed.
2. Review by affected agencies. After an application is deemed acceptable, the community
development department may submit copiesprovide the contents of the preliminary plat
and supplementary information to relevant public utilities and public agencies for
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review and comment, and for major subdivisions to the planning board for its advice
pertaining to the approval or denial of the subdivision application. Review by public
agencies or utilities must not delay the city commission's consideration of the
subdivision application beyond the statutorily specified review period. If the
community development department must request review by a public utility, agency of
government, and other parties regarding the subdivision application that was not
identified during the pre-application review the community development department
must notify the subdivider.
38.240.140 Subdivision Notice and Public Comment
A. All subdivisions require notice and opportunity for public comment. Not all
subdivisions require a public hearing. Notice of subdivision is provided as required in
38.220 Part 3.
a1. Public testimony. All written public comment received at or prior to a public hearing or
during a public comment period must be incorporated into the written record of the
review. Minutes or a recording must be taken of verbal comment received during any
public hearing or public meeting.
23. Planning board review. At a regularly noticed public meetinghearing, the planning
board must reviews all major subdivision applications as identified in 38.240.100,
together with required supplementary plans and information, and determines whether
the plat is in compliance with the city's growth policy. The planning board must hold a
public hearing on all major subdivisions. Pursuant to MCA 76-1-107, the planning
board has delegated its review of all minor subdivisions from a tract of record to the
community development director.
a. Public testimony. All written public comment received at or prior to a public
hearing must be incorporated into the written record of the review. Minutes must
be taken of verbal comment received during the public hearing or public meeting
before the planning board and must be incorporated into the written record of the
review. Copies of the minutes and written comments must be included in any
recommendation made to the city commission by the planning board.
b. Planning board recommendation. Within ten working days of their review, the
planning board must submit in writing to the city commission its advice
regarding compliance with the city's growth policy, and a recommendation for
approval, conditional approval or denial of the subdivision application.
3. If an applicant proposes a phased subdivision per 76-3-617 MCA additional public
notice and hearing consistent with 76-3-617 MCA must be conducted.
4. Community development director review. The community development director must
review all minor subdivision applications, together with required supplementary plans
and information, and determine whether the plat is in compliance with the city's growth
policy. The community development director must make a written recommendation
including a summary of the agency review and analysis of the review criteria
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established in this chapter and a recommendation for approval, conditional approval or
denial of the subdivision application.
a. Public testimony. All written public comment received during the community
development director's review must be incorporated into the written record of the
review. Copies of written comments must be included in any recommendation
made to the city commission by the community development director.
5.38.240.150 City commission review and action.
A. The city commission must review and take action on all proposed subdivisions.
1a. The following general review requirements for a public hearing or a public
meeting, and for statutory review periods, per 38.240.100 must be met.:
2. The city commission must determine whether public comments or documents
presented at or prior to the City Commission’s consideration of a plat constitutes
new information as required in MCA 76-3-615.
(1) First minor subdivision created from a tract of record. The city commission
must consider the subdivision application and the community development
director's recommendation during a regular public meeting of the
commission. The city commission, when legal and physical access is
provided to all lots must approve, conditionally approve or deny the
subdivision application of a first minor subdivision within 35 working days
of the determination that the application is adequate, unless there is a written
extension from the developer for a period not to exceed one year from the
date the application was determined to be adequate. A minor subdivision
must be reviewed as a second or subsequent minor subdivision if the tract
has been previously subdivided or created by a subdivision; or the tract has
descended from a tract of record which has previously been divided by
exemption or other means into 6 or more tracts of record since July 1, 1973.
3. (a) Variance requests for minor subdivisions. If the developer of a minor
subdivision is requesting a variance from any requirement of this chapter, the
procedures of section 38.250.080 must be followed except that a public
hearing must not be held.
(2) Subdivisions eligible for summary review. The city commission must
consider the application and the community development director's
recommendation during a regular public meeting of the commission. The city
commission must approve, conditionally approve or deny a proposed
subdivision that is eligible for summary review within 35 working days of
determination that the application is adequate, unless there is a written
extension from the developer. TheA written extension to the required review
period may not exceed one year. Minor subdivisions are eligible for
summary review if the plat has been approved by the state department of
environmental quality whenever approval is required by MCA 76-4-101 et
seq.
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(3) Second or subsequent minor subdivision created from a tract of record. For
the second or subsequent minor subdivision created from a tract of record,
the city commission must hold a public hearing on the subdivision
application. The city commission must approve, conditionally approve or
deny the subdivision application of a second or subsequent minor
subdivision within 60 working days of the determination that the application
is adequate for review, unless there is a written extension from the developer,
not to exceed one year from the date the application was determined to be
adequate.
(4) Major subdivisions. For a major subdivision, the city commission must hold
a public hearing on the subdivision application. The city commission must
approve, conditionally approve or deny the subdivision application within 60
working days of the determination that the application is adequate for review
if the subdivision has less than 50 lots, and within 80 working days of the
determination that the application is adequate for review if the subdivision
has 50 or more lots, unless there is a written extension from the developer,
not to exceed one year from the date the application was determined to be
adequate.
(5) Public testimony. All written public comment received at a public meeting or
public hearing prior to a decision to approval, approve with conditions, or
deny a subdivision application must be incorporated into the written record
of the review. Minutes must be taken of verbal comments received during the
public hearing before the city commission and must be incorporated into the
written record of the review maintained by the city.
(6) New and credible information. The city commission must determine whether
public comments or documents presented to the city commission at a public
hearing regarding a subdivision application held pursuant to section
38.240.130.A.5 constitute:
(a) Information or analysis of information that was presented at a
public hearing held pursuant to section 38.240.130.A.5 that the
public has had a reasonable opportunity to examine and on which
the public has had a reasonable opportunity to comment; or
(b) New information regarding a subdivision application that has never
been submitted as evidence or considered by either the city
commission, planning board or by city staff at a hearing during
which the subdivision application was considered.
(c) If the city commission determines that the public comments or
documents constitute new information not previously considered at
a public hearing, the city commission may:
(i) Approve, conditionally approve, or deny the proposed
subdivision without basing its decision on the new
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information if the governing body determines that the new
information is either irrelevant or not credible; or
(ii) Schedule or direct its agent or agency to schedule a
subsequent public hearing before the city commission for
consideration of only the new information that may have an
impact on the findings and conclusions that the governing
body will rely upon in making its decision on the proposed
subdivision.
(iii) In deciding whether the information is both new and credible
the city commission must consider:
(A) Whether the topic of the information has previously been
examined or available for examination at a public
hearing on the subdivision application;
(B) Whether the information is verifiable, and if applicable
developed by a person with professional competency in
the subject matter;
(C) Whether the information is relevant to a topic within the
jurisdiction of the city.
(d) If a subsequent public hearing is held to consider new and credible
information, the 60 working day review period required in section
38.240.130.A.5 is suspended and the new hearing must be noticed
and held within 45 working days of the governing body's
determination to schedule a new hearing. After the new hearing,
the otherwise applicable time limit for review resumes at the
governing body's next scheduled public meeting for which proper
notice for the public hearing on the subdivision application can be
provided. The governing body may not consider any information
regarding the subdivision application that is presented after the
hearing when making its decision to approve, conditionally
approve, or deny the proposed subdivision.
B.b. Criteria for city commission action. The basis for the city commission's decision
to approve, conditionally approve or deny the subdivision must be whether the
subdivision application, public hearing if required, planning advisory boards and
agencies advice and recommendation and additional information demonstrates
that development of the subdivision complies with this chapter, the city's growth
policy, the Montana Subdivision and Platting Act and other adopted state and
local ordinances, including, but not limited to, applicable zoning requirements.
The city commission may not deny approval of a subdivision based solely on the
subdivision's impacts on educational services; or based solely on parcels within
the subdivision having been designated as wildland-urban interface parcels by the
most recent city-adopted hazard mitigation plan and its supporting documentation. Commented [CS23]: Existing State prohibition, don’t repeat
here as it is unnecessary to restate
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When deciding to approve, conditionally approve or deny a subdivision
application, the city commission must:
1.(1) Review the preliminary plat, together with required supplementary plans and
information, to determine if it meets the requirements of this chapter, the
development standards and policies of the city, the city's growth policy, the
Montana Subdivision and Platting Act, and other adopted state laws and
local ordinances, including but not limited to applicable zoning requirements.
2.(2) Consider written comments from appropriate public agencies, utilities or
other members of the public.
3.(3) Consider the following:
(a.) Relevant evidence relating to the public health, safety and welfare;
(b.) Other regulations, code provisions or policies in effect in the area
of the proposed subdivision;
(c.) The recommendation of the advisory bodies; and
(d.) Any relevant public commenttestimony.
e. Individual phases, existing conditions, and changed circumstances
for any phase reviewed under 76-3-617 MCA.
4.(4) When the subdivision does not qualify, pursuant to MCA 76-4-125(2), for
the certification established in section 38.240.170100 the city commission
may conditionally approve or deny a proposed subdivision as a result of the
water and sanitation information provided pursuant to section
38.220.050.A.9. or public comment received pursuant to MCA 76-3-604 on
the information provided pursuant to section 38.220.050. A conditional
approval or denial must be based on existing subdivision, zoning, or other
regulations that the city commission has the authority to enforce.
5.(5) The city may not approve a proposed subdivision if any of the features and
improvements, including well isolation zones, of the subdivision encroach
onto adjoining private property in a manner that is not otherwise provided for
under Title 76, chapters 3 or 4, MCA., or if the well isolation zone of any
proposed well to be drilled for the proposed subdivision encroaches onto
adjoining private property unless the owner of the private property authorizes
the encroachment. For the purposes of this section, "well isolation zone" has
the meaning provided in 76-4-102, MCA.
c. City commission action. If the city commission denies or conditionally approves
the subdivision application, it must forward one copy of the plat to the developer
accompanied by a letter over the appropriate signature stating the reason for
disapproval or enumerating the conditions that must be met to ensure approval of
the final plat. This written statement must include:
(1) The reason for the denial or condition imposition;
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(2) The evidence that justifies the denial or condition imposition; and
(3) Information regarding the appeal process for the denial or condition
imposition.
dC. Mitigation. The city commission may require the developer to design the
subdivision to reasonably minimize potentially significant adverse impacts
identified through the review required by this chapter. The city commission must
issue written findings to justify the reasonable mitigation required by this chapter.
The city commission may not unreasonably restrict a landowner's ability to
develop land, but it is recognized that in some instances the unmitigated impacts
of a proposed development may be unacceptable and will preclude approval of the
plat. When requiring mitigation under this subsection, the city commission must
consult with the developer and must give due weight and consideration to the
expressed preference of the developer.
eD. Findings of fact. Within 30 working days of the final action to approve, deny, or
approve with conditions a subdivision, the city commission must issue written
findings of fact as required in 76-3-620 that discuss and weigh the following
applicable criteria, as applicable ( pursuant to MCA 76-3-608, 76-3-616, and 76-
3-623): as well as compliance with other laws and regulations applicable to the
subdivision.
1.(1) Criteria.
a.(a) Compliance with the survey requirements of the Montana
Subdivision and Platting Act;
b.(b) Compliance with this chapter and the review process of these
regulations;
c.(c) The provision of easements to and within the subdivision for the
location and installation of any necessary utilities;
d.(d) The provision of legal and physical access to each parcel within the
subdivision and the notation of that access on the applicable plat
and any instrument transferring the parcel; and
e.(e) For major subdivisions other than expedited or otherwise exempt
subdivisions, the findings of fact must also address the effect on
agriculture, agricultural water user facilities, local services, the
natural environment, wildlife and wildlife habitat, and public
health and safety.
(2) Required components. The written findings of fact must contain at a
minimum:
(a) Information regarding the appeal process for the denial or
imposition of conditions;
(b) The regulations and statutes used in reaching the decision to deny
or impose conditions and explains how they apply to the decision;
Commented [CS24]: Duplicates the following section D on
Findings of Fact so dispose of extra language.
Commented [CS25]: Already incorporated by earlier reference
to 76-3-620.
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(c) The facts and conclusions that the governing body relied upon in
making its decision to deny or impose conditions. The documents,
testimony, or other materials that form the basis of the decision and
support the conclusions of the governing body may be incorporated
into the written findings by reference.
(3) Federal or state governmental entity input. If a federal or state governmental
entity submits a written or oral comment or an opinion regarding wildlife,
wildlife habitat, or the natural environment relating to a subdivision
application for the purpose of assisting a governing body's review, the
comment or opinion may be included in the governing body's written
statement under this section only if the comment or opinion provides
scientific information or a published study that supports the comment or
opinion. A governmental entity that is or has been involved in an effort to
acquire or assist others in acquiring an interest in the real property identified
in the subdivision application must disclose that the entity has been involved
in that effort prior to submitting a comment, an opinion, or information as
provided in this subsection.
hF. Changes to conditions after approval. Upon written request of the developer, the
city commission may amend conditions of subdivision application approval where
errors or changes beyond the control of the developer have rendered a condition
unnecessary, impossible or illegal. Changes to conditions that are not
unnecessary, impossible or illegal are subject to the provisions of section
38.100.070.
(1) The written request must be submitted to the community development
department.
(2) The written consent of all purchasers of land (via contract for deed, etc.)
must be included with the written request to amend conditions.
(3) If it is an application for a major subdivision, the city commission must
conduct a public hearing on the request. If it is an application for a minor
subdivision, the city commission must consider the request at a regularly
scheduled meeting.
(a) If a public hearing is held, public notice of the hearing must be
given in accordance with this chapter.
(4) The city commission may approve the requested change if it meets the
criteria set forth in this chapter.
(5) The city commission must issue written findings of fact as required in this
chapter.
38.240.160. Duration of Approval
Af. Initial subdivision application approval period. Upon approving or conditionally
approving a subdivision application, the city commission must provide the
Commented [CS26]: F and g as new shared section re approval
duration
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developer with a dated and signed findings of fact and order. This initial approval
must be in force for not more than:
1.(1) One calendar year for minor subdivisions;
2.(2) Two calendar years for single-phased major subdivisions; and
3.(3) Three calendar years for multi-phased major subdivisions after the date of
the findings of fact and order.
4. At the end of thise period, the city may, at the written request of the
developer, extend its approval for a mutually agreed-upon period of time.
5. Subdivisions reviewed under 76-3-617 MCA may not exceed a cumulative
period for all phases to exceed 20 years.
Bg. Extensions of preliminary plat approval period. Any mutually agreed upon
extension must be in writing and dated and signed by the subdivider or their
authorized agent and by the city commission or their authorized agent. More than
one extension may be requested for a particular subdivision. Each request is
considered on its individual merits. An extension of the subdivision approval
under this chapter does not extend other city or non-city agency approvals, e.g. for
design of infrastructure extensions, necessary to complete the project. Review
authority for extensions is established in division 38.220. When evaluating an
extension request, the city must consider:
1.(1) Changes to the development regulations since the original approval and
whether the subdivision as originally approved is substantially compliant
with the new regulations;
2.(2) Progress to date in completing the subdivision as a whole and any phases,
including maintenance of the remainder of the site in good condition;
3.(3) Phasing of the subdivision and the ability for existing development to
operate without the delayed development;
4.(4) Dependence by other development on any public infrastructure or private
improvements to be installed by the subdivision;
5.(5) Demonstrated ability of the subdivider to complete the subdivision;
6.(6) Whether mitigation for impacts of the subdivision identified during the
preliminary plat review and findings of fact and order remain relevant,
adequate, and applicable to the present circumstances of the subdivision and
community.
h. Changes to conditions after approval. Upon written request of the developer, the
city commission may amend conditions of subdivision application approval where
it can be found that errors or changes beyond the control of the developer have
rendered a condition unnecessary, impossible or illegal. Changes to conditions
that are not unnecessary, impossible or illegal are subject to the provisions of
section 38.100.070.
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(1) The written request must be submitted to the community development
department.
(2) The written consent of all purchasers of land (via contract for deed, etc.)
must be included with the written request to amend conditions.
(3) If it is an application for a major subdivision, the city commission must
conduct a public hearing on the request. If it is an application for a minor
subdivision, the city commission must consider the request at a regularly
scheduled meeting.
(a) If a public hearing is held, public notice of the hearing must be
given in accordance with this chapter.
(4) The city commission may approve the requested change if it meets the
criteria set forth in this chapter.
(5) The city commission must issue written findings of fact as required in this
chapter.
Sec. 38.240.170140. Notice of certification that water and waste services will be provided by
local government.
A. If the developer is proposing to request an exemption from the department of environmental
quality (DEQ) for infrastructure plan and specification review, the subdivision application
must include a written request from the developer's professional engineer, licensed in the
state, that indicates the intent to request the exemption, and details the extent of water,
sewer and stormwater infrastructure that will be completed prior to final plat approval. A
detailed preliminary stormwater drainage plan must also be submitted with the written
request. The director of public works must, prior to final plat approval, send notice of
certification to the DEQ per MCA 76-4-127.
1. The notice of certification must include the following:
a. The name and address of the applicant;
b. A copy of the preliminary plat included with the application for the proposed
subdivision or a final plat where a preliminary plat is not necessary;
c. The number of proposed parcels in the subdivision;
d. A copy of any applicable zoning ordinances in effect;
e. How construction of the sewage disposal and water supply systems or extensions
will be financed;
f. Certification that the subdivision is within a jurisdictional area that has adopted a
growth policy pursuant to title 76, chapter 1, Montana Code Annotated (MCA 76-
1-101 et seq.) and a copy of the growth policy, when applicable;
g. The relative location of the subdivision to the city;
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h. Certification that adequate municipal facilities for the supply of water and
disposal of sewage and solid waste are available or will be provided within the
time provided in MCA 76-3-507;
i. If water supply, sewage disposal or solid waste facilities are not municipally
owned, certification from the facility owners that adequate facilities are available;
and
j. Certification that the city commission has reviewed and approved plans to ensure
adequate stormwater drainage.
Sec. 38.240.150180. Final plat application.
A. After the conditions of preliminary approval and the requirements for the installation of
improvements have been satisfied, the developer must cause to be prepared a final plat. The
final plat must conform to the uniform standards for final subdivision plats as set forth in
24.183.1107 ARM as may be amended and to the standards required by the county clerk
and recorder. The applicant is responsible to verify that they are complying with the most
recently adopted clerk and recorder standards. Plans and data must be prepared under the
supervision of a registered surveyor, licensed in the state, as their licensing laws allow.
1. Final plat submittal. The final plat and all supplementary documents must be submitted
to the community development department at least 30 working days prior to the
expiration of subdivision application approval or any extension thereto. The submittal
must include a final plat application form, the appropriate review fee, all information
required by section 38.220.070 and a written explanation of how each of the conditions
of subdivision application approval has been satisfied.
a. The final park plan, if one is associated with the plat, must be reviewed and
approved, after a recommendation from the city recreation and parks advisory
board, prior to approval of or simultaneously with the final plat. The installation
of any park improvements to meet minimum development standards or conditions
of approval must comply with division 38.270 of this chapter.
2. County treasurer certification. A final plat will not be accepted as complete until the
county treasurer has certified that no real property taxes and special assessments
assessed and levied on the land to be subdivided are delinquent.
3. Review of abstract subdivision guarantee, deeds, and covenants.
a. With the final plat, the developer must submit to the community development
department a certificate of a licensed title abstractorsubdivision guarantee
showing the names of the owners of record of the land to be subdivided and of
any off -site land used to satisfy parkland dedication requirements, and the names
of lienholders or claimants of record against the land, and the written consent to
the subdivision by the owners of the land, if other than the developer, and any
lienholders or claimants of record against the land. The certificate of licensed title
abstractor must be dated no earlier than 30 calendar days prior to submittal. If
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necessary, the subdivision guarantee certificate must be updated so that the
subdivision guaranteecertificate is dated no earlier than 90 days prior to the city
commission's action on the final plat.
b. Covenants must be submitted to the community development department with the
final plat application. At least 30 working days prior to submission of the final
plat application to the community development department, the developer must
submit a copy of the covenants to the city attorney's office.
c. If an improvements agreement will be required per section 38.270.060 then the
proposed associated financial security must be provided for review and approval
at least 30 working days prior to submission of the final plat application for
review by the city attorney.
d. Transfer of ownership of public land, off-site land, private land, personal
property, improvements and water rights; documents required.
(1) For the transfer of real property in satisfaction of required or offered
dedications to the city, and required or offered donations or grants to the
property owners' association (POA), the subdivider or owner of the property
must submit with the application for final plat a warranty deed or other
instrument acceptable to the city attorney transferring fee simple ownership
to the city or the POA.
(2) For the transfer of personal property installed upon dedicated parkland or
city-owned open space, or POA-owned parkland or open space, the
subdivider must provide the city an instrument acceptable to the city attorney
transferring all its rights, title and interest in such improvements including all
applicable warranties to such improvements to the city or the POA.
(3) The subdivider or owner of the property must record the deed or instrument
transferring ownership or interests at the time of recording of the final plat
with the original of such deed or instrument returned to the city or POA as
applicable.
(4) For the transfer of ownership interest in water, the subdivider or owner of the
property must submit with the application for final plat a deed or other
instrument acceptable to the city attorney transferring ownership to the city
or POA, along with all required state department of natural resources and
conservation documentation, certification and authorization.
d. Certificates.
(1) Public lands/improvements must be described in the certificate of
dedication/consent, listed in the certificate of completion, and be completed
or subject to an improvements agreement.
(2) Private lands/improvements must be described and addressed in the
certificate of donation/grant and completion of private improvements, be
completed or subject to an improvements agreement.
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4. Review by the community development department. The community development
department will then review the final plat application to ascertain verify that all
conditions and requirements for final approval have been met. If all conditions and
requirements for final approval have been met, the community development
department must forward a report to the city commission for their action.
5. Final plat approval. The review authority city commission must examine every final
plat, and within 45 working days of the date of receipt of a complete final plat
application to the community development department, must approve it if it conforms
to the conditions of preliminary approval and the terms of this chapter. "Date of
receipt" means the date of delivery of all fully executed required documents to the
reviewing agency if accompanied by the applicable review fee. The city commission
must examine every final plat at a regular meeting.
A final subdivision plat is not may not be approved by the city unless all certificates,
with the exception of the director of public workscertificates to be signed by applicable
city officers and the county clerk and recorder, have been complied with, signed and
notarized and all subdivision regulations and conditions of preliminary plat approval
have been met. A final subdivision plat may not be filed with the county clerk and
recorder unless all certificates, with the exception of the county clerk and recorder,
have been complied with, signed and notarized. This shall include the certification by
the county treasurer that no real property taxes and special assessments assessed and
levied on the land to be subdivided are delinquent. A final subdivision plat may not be
approved by the review authority city commission or filed by the county clerk and
recorder unless it complies with the uniform standards for final subdivision plats as
established 24.183.1107, ARM as may be amended and as required by the Gallatin
County Clerk and Recorder.
a. If the final plat is approved, the city officer director of public service shallmust so
certify the approval in a printed certificate on the plat.
b. If the final plat is denied, the city commission shall cause a letter to be written to
the developer stating the reasons therefore.
6. Filing. The developer must file the approved, signed final plat and all other required
certificates and documents with the county clerk and recorder within 60 days of the
date of final approval.
7
Sec. 38.240.190160. Changes to filed subdivision plats.
Changes to a filed subdivision plat must be filed with the county clerk and recorder as an
amended plat. An amended plat may not be filed unless it meets the filing requirements for a
final subdivision plat specified in these regulations.
Commented [CS27]: Duplicative language from earlier about
intake on plats.
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Section 14
That Division 38.240 Part 3 of the Bozeman Municipal Code be amended as follows:
Part 3. Land DSubivisions Created by Rent or Lease and Buildings For Lease Or Rent
Sec. 38.240.200. General.
A. Land subdivisions created by rent or lease, rather than sale, refer to areas that provide
multiple spaces for manufactured homes, mobile homes or recreational camping vehicles
regardless of the size of the area or whether the spaces will be made available for rent by the
general public for a fee. The land must be owned as one parcel under single ownership,
which can include a number of persons owning the property in common. Subsequent action
to sell interests in less than the entirety of the development may necessitate review under
Parts 5 and 6 of the Montana Subdivision and Platting Act prior to any sale. Land
subdivisions created by rent or lease are not subject to this division 38.240 or the Montana
Subdivision and Platting Act if:
Rent or lease of buildings or portions of buildings otherwise subject to Title 76 Part 8, MCA
are exempt from review under 76-8 MCA since the City has adopted the necessary zoning
to apply the exemption authorized in 76-8-103, MCA.
B. Per 76-3-103(16) MCA, development for rent or lease for recreational camping vehicles or
manufactured homes, rather than sale of parcels of land is also considered a subdivision and
subject to review procedures for subdivision.
1. They are developed on property which has been subdivided in compliance with Parts 5
and 6 of the Montana Subdivision and Platting Act or which have a boundary
documented by a certificate of survey recorded after July 1, 1973; and
2. They are reviewed as a site plan, conditional use permit, or planned unit development
as described and authorized under this chapter; and
3. They comply with the adopted zoning regulations and other land development
standards adopted by the city.
B. DPHHS license. If a land subdivision by rent or lease, that will provide multiple spaces for
manufactured homes, mobile homes or recreational camping vehicles is also a
"campground," "trailer court," "work camp," or "youth camp" as defined below, the city
must not grant final approval until the developer obtains a license for the facility from the
state department of public health and human services (DPHHS) under MCA tit. 50, ch. 52.
1. "Campground" means a parcel of land available to and principally used by the public
for camping, where persons can camp, secure tents or cabins, or park trailers for
camping and sleeping purposes.
2. "Trailer court" means a parcel of land upon which two or more spaces are available to
the public and designated for occupancy by trailers, manufactured homes or mobile
homes for use as residences. The term does not include a parcel composed of platted
lots, if each lot:
a. Is filed with the county clerk and recorder;
Commented [CS28]: It appears this process which previously
required a full review as a subdivision has been entirely replaced
with MCA 76-8 which has an exclusion for requiring subdivision
review for rent or lease for areas with our kind of detailed zoning.
Therefore, the entire Part is no longer required and can be removed
except for an appropriate reference to state law.
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b. Contains only one trailer space; and
c. Is served by a public water supply system and public sewage system that meet the
requirements of rules for systems adopted pursuant to MCA tit. 75, ch. 6, pt. 1,
and that are located within the boundaries of the City of Bozeman.
3. "Work camp" means a parcel of land on which housing is provided by a person for two
or more families or individuals living separately, for the exclusive use of the
employees of the person and the families, if any, of the employees. For purposes of this
subsection, "housing" includes but is not limited to camping spaces; trailer parking
spaces; manufactured, mobile, modular or permanent barracks or structures; and any
appurtenant water supply and distribution system, sewage collection and disposal
system, solid waste collection and disposal system, or food service and dining
facilities. Housing does not include shelter provided by an employer for persons who
are employed to perform agricultural duties on a ranch or farm.
4. "Youth camp" means a parcel of land on which permanent buildings, tents or other
structures are maintained as living quarters for ten or more people and that is used
primarily for educational or recreational use by minors. The term includes any
appurtenant water supply and distribution system, sewage collection and disposal
system, solid waste collection and disposal system, or food service and dining
facilities.
C. Surveying and filing requirements exemption. Land subdivisions created by rent or lease are
exempt from the surveying and filing requirements of the Montana Subdivision and Platting
Act.
D. Buildings for lease or rent. A building or buildings created for lease or rent on a single lot is
not a subdivision of land but must be in conformance with applicable zoning regulations.
For this section "building" means a structure or a unit of a structure with a roof supported by
columns or walls for the permanent or temporary housing or enclosure of persons or
property or for the operation of a business. Except as provided in MCA 76-3-103(15) the
term includes a recreational camping vehicle, mobile home, or cell tower. The term does not
include a condominium or townhome.
Sec. 38.240.210. Land subdivisions created by rent or lease—Procedure, submittal
requirements and review criteria.
A. Land subdivisions created by rent or lease must be submitted, reviewed and approved by the
city before any portions of the development may be rented or leased. The developer must
apply for site plan and subdivision review.
B. Site plan review. All relevant procedures, submittal requirements and review criteria
contained in division 38.230 of this chapter apply. The development must also comply with
the requirements of division 38.310 of this chapter and sections 38.360.190 and 38.360.250.
C. Subdivision review. The subdivision review procedure and review criteria for land
subdivisions created by rent or lease will depend upon the number of spaces within the
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proposed development. Proposed developments containing five or fewer spaces for rent or
lease must be reviewed as minor subdivisions according to the provisions of article 2 of this
chapter and proposed developments containing six or more spaces for rent or lease must be
reviewed as major subdivisions according to the provisions of division 38.240 of this
chapter.
1. Pre-application plan. The pre-application plan must be reviewed using the procedures
contained in section 38.240.110. The submittal materials listed in section 38.220.030
must be provided.
2. Preliminary plan submittal and procedure. For land subdivisions created by rent or
lease, the developer must submit a preliminary plan in lieu of a preliminary plat, a
completed application for minor subdivision or major subdivision as appropriate, and
the materials listed in sections 38.220.050 and 38.220.060.
3. Final plan submittal and procedure. For land subdivisions created by rent or lease, the
developer must submit a final plan in lieu of a final plat, a completed final plat
application and the materials listed in section 38.220.070.
4. Supplementary materials. In addition to the submittal requirements of division 38.220
of this chapter, preliminary and final plans for land subdivisions created by rent or
lease must show the following:
a. A layout of all spaces proposed for rent or lease;
b. Location of commonly owned areas and facilities; and
c. Parks and/or recreation areas.
5. Boundary lines. All preliminary and final plans may show approximate boundary, lot,
right-of-way or other lines.
( Ord. No. 2059 , § 3, 1-26-2021)
Sec. 38.240.220. Land subdivisions created by rent or lease—Timing of improvements.
Before any portion of a land subdivision created by rent or lease can be rented or leased, all
required improvements must be installed, inspected and found compliant with the approved plan,
and where applicable accepted by the city.
Sec. 38.240.230. Land subdivisions created by rent or lease—Filing of final plan.
Once the final plan has been approved by the city, an original copy of the approved plan
must be filed with the county clerk and recorder as a "miscellaneous" document and another
copy of the approved plan must be retained by the engineering division of the department of
public works.
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Section 15
That Section 38.240.300 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.300. Divisions of land entirely exempt from the requirements of this chapter
pertaining to subdivisions and the state subdivision and platting act.
A. Unless the method of disposition is adopted for the purpose of evading this chapter or the
Montana Subdivision and Platting Act (the "Act"), the requirements of this chapter
pertaining to subdivisions and the Act may not apply to any division of land that:
1. Is created by order of any court of record in this state or by operation of law or that, in
the absence of agreement between the parties to the sale, could be created by an order
of any court in the state pursuant to the law of eminent domain (MCA 76-3-201(1)(a));
a. Before a court of record orders a division of land, the court must notify the
governing body of the pending division and allow the governing body to present
written comment on the division;
b. Lots created as described in this section that do not comply with the standards of
chapter 38, BMC are not "nonconforming" lots subject to section 38.32.030 and
are not individual buildable lots;
c. Not more than four lots can be created by order of a court of record from an
original tract or parcel.
2. Is created to provide security for mortgages, liens or trust indentures for the purpose of
construction, improvements to the land being divided, or refinancing purposes (MCA
76-3-201(1)(b));
a. This exemption applies:
i. To a division of land of any size;
ii. To a parcel that is created to provide security, however the remainder of the
tract of land is subject to the provisions of the Montana Subdivision and
Platting Act and division 38.240 of this chapter if applicable;
b. Lots created as described in this section that do not comply with the standards of
chapter 38, BMC are not "nonconforming" lots subject to section 38.280.030 and
are not individual buildable lots;
3. Creates an interest in oil, gas, minerals or water that is severed from the surface
ownership of real property (MCA 76-3-201(1)(c));
4. Creates cemetery lots (MCA 76-3-201(1)(d));
5. Is created by the reservation of a life estate (MCA 76-3-201(1)(e));
6. Is created by lease or rental for farming and agricultural purposes (MCA 76-3-
201(1)(f));
Commented [CS29]: New limit added in from state law.
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7. Is created for rights-of-way or utility sites. A subsequent change in the use of the land
to a residential, commercial or industrial use is subject to the requirements of the
Montana Subdivision and Platting Act and division 38.240 of this chapter (MCA 76-3-
201(1)(h));
8. Is created by lease or rental of contiguous airport-related land owned by a city, county,
the state, or a municipal or regional airport authority provided that the lease or rental is
for onsite weather or air navigation facilities, the manufacture, maintenance, and
storage of aircraft, or air carrier-related activities (MCA 76-3-205(1));
9. Is state-owned land unless the division creates a second or subsequent parcel from a
single tract for sale, rent or lease for residential purposes after July 1, 1974 (MCA 76-
3-205(2)); and
10. Is created by deed, contract, lease or other conveyance executed prior to July 1, 1974
(MCA 76-3-206).
Section 16
That Section 38.240.410 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.410. Dedication or consent.
A. All plats of subdivisions must contain a certificate of dedication or certificate of consent
signed by the subdivider. In the case of corporate ownership, the proper corporation officer
must sign, a corporate notary form must be used, and the corporate seal must be affixed.
The certificate of consent is used when there are no transfers of land interests to the public.
The certificate must read as follows:
1. Certificate of dedication.
CERTIFICATE OF DEDICATION
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be
surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and
dedications, as shown by the plat hereunto included the following described tract of land to wit:
Description
(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
The above-described tract of land is to be known and designated as (name of subdivision), City
of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys,
roads, highways, and parks, playgrounds, or public lands or other public improvements shown on
said plat are hereby granted and donated to the City of Bozeman for the public use and
enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys,
roads, highways, and parks or public lands or other public improvements dedicated to the public
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are accepted for public use, but the city accepts no responsibility for maintaining the same. The
owner(s) agree(s) that the city has no obligation to maintain the lands included in all streets,
avenues, alleys, roads, highways, and parks, or public lands or other public improvements,
hereby dedicated to public use. The lands included in all streets, avenues, alleys, roads,
highways, and parks, or public lands or other public improvements dedicated to the public for
which the city accepts responsibility for maintenance include (list specific streets, avenues,
alleys, roads highways, and parks or other public lands or other public improvements).
The undersigned hereby grants unto each and every person firm or corporation, whether public
or private, providing or offering to provide telephone, electric power, gas, internet, cable
television or other similar utility or service, the right to the joint use of an easement for the
construction, maintenance, repair and removal of their lines and other facilities in, over, under
and across each area designated on this plat as "Utility Easement" to have and to hold forever.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
2. Certificate of consent.
CERTIFICATE OF CONSENT
(I), (We), the undersigned property owner(s), do hereby certify that (I), (We) caused to be
surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and
dedications, as shown by this plat hereunto included, the following described tract of land, to wit:
Description
(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
The above described tract of land is to be known and designated as (name of subdivision), City
of Bozeman, Gallatin County, Montana.
The undersigned hereby grants unto each and every person, firm of corporation, whether public
or private, providing or offering to provide telephone, electric power, gas, internet, cable
television or other similar utility or service, the right to the joint use of an easement for the
construction, maintenance, repair and removal of their lines and other facilities in, over, under
and across each area designated on this plat as "Utility Easement" to have and to hold forever.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
Section 17
That Section 38.240.460 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.460. Acceptance of dedications Governing body.
When property or improvements are being transferred to the public this certificate is used.
The city commission’s or their designated agent must certify approval of theacceptance for
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public use of improvements associated with the plat of subdivision. Said certificate must read as
follows:
CERTIFICATE OF DIRECTOR OF PUBLIC WORKSACCEPTANCE OF DEDICATIONS
I, Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying
plat has been duly examined and has found the same to conform to the law, approves it, and
hereby accepts the dedication to the City of Bozeman for the public use of any and all lands
shown on the plat as being dedicated to such use.
DATED this _______ day of _______, _______.
(Signature), Director of Public Works
Section 18
That Section 38.240.470 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.470. Exclusion from MDEQ review for sanitation.
The following certificate must be added to all subdivision plats to certify that adequate
stormwater drainage and adequate municipal facilities will be provided.
CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF
ENVIRONMENTAL QUALITY REVIEW
The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman, Montana,
a first-class municipality, and within the planning area of the Bozeman growth policy which was
adopted pursuant to MCA 76-1-601 et seq., and can be provided with adequate stormwater
drainage and adequate municipal facilities. Therefore, under the provisions of MCA 76-4-125,
this subdivision is excluded from the requirement for Montana Department of Environmental
Quality review.
DATED this _______ day of _______, _______.
(Signature), Director of Public Works
City of Bozeman, Montana
Section 19
That Section 38.240.500 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.500. Certification of use of exemption claim.
A. The following certificates must be provided in a printed certificate on the amended plat or
certificate of survey for allowed exemptions from review as subdivisions:
1. Certificate of governing body to authorize exemption from subdivision review.
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CERTIFICATE OF GOVERNING BODY – USE OF EXEMPTION
I, (Director of Community Development), do hereby certify that the accompanying
(Certificate of Survey or Amended Plat) has been duly reviewed, and has been found to
conform to the requirements of the Subdivision and Platting Act (MCA 76-3-101 et
seq.), and the Bozeman Municipal Code.
DATED this _______ day of _______, _______.
(Signature), Director of Community Development
2. Certificate of exemption. Reference to exclude the survey from state department of
environmental quality review can also be added to this certificate, as appropriate.
LANDOWNER CERTIFICATE OF EXEMPTION
(I), (We) certify that the purpose of this survey is to (state exemption), and therefore
this survey is exempt from review as a subdivision pursuant to MCA 76-3-207(1) (add
appropriate subsection).
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of surveyed property)
Section 20
That Section 38.240.540 of the Bozeman Municipal Code be amended as follows:
Sec. 38.240.540. Certificate of Governing Body
A. The city commission’s designated agent must certify approval of all plats of subdivision.
Said certificate must read as follows:
CERTIFICATE OF GOVERNING BODY APPROVING PLAT
I, Director of Community Development, City of Bozeman, Montana, do hereby certify that the
accompanying plat has been duly examined and has found the same to conform to the law and
approves it.
DATED this _______ day of ______________________, _______.
(Signature), Director of Community Development
Section 21
That Section 38.250.080 of the Bozeman Municipal Code be amended as follows:
Sec. 38.250.080. Subdivision variances.
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A. Procedure. The subdivider must provide during the pre-application process, and include
with the submission of the preliminary plat, a written statement describing the requested
variance and the facts of hardship upon which the request is based. The relevant advisory
bodies must include their findings and conclusion regarding the requested variance in its
recommendation. The city review authority must then consider each variance at the public
hearing on during their review of the preliminary plat. A public hearing may not be held on
a variance in association with a first minor subdivision.
B. Review criteria. Per MCA 76-3-506, a variance to this chapter must be based on specific
variance criteria, and may not have the effect of nullifying the intent and purpose of this
chapter. The city must not approve subdivision variances unless it makes findings based
upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
3. The variance will not cause a substantial increase in public costs; and
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
C. Variances from floodway provisions not authorized. The review authority may not, by
subdivision variance, permit subdivision for building purposes in areas located within the
floodway of a flood of 100-year frequency as defined in title 76, chapter 5, Montana Code
Annotated (MCA 76-5-101 et seq.). Any variances related to floodways must meet the
standards of 38.250.070.C.4.a.
D. Conditions. In granting subdivision variances, the review authority may require such
conditions as will, in its judgment, secure the objectives of this chapter. Any approval under
this section must be subject to the terms of the conditions designated in connection therein.
Any conditions required must be related both in purpose and scope with the relief sought
through the variance.
E. Statement of facts. When any variance from this chapter is granted, the motion of approval
must contain a statement describing the variance and conditions upon which the issuance of
the variance is based.
F. Planned unit development. Where the standards and requirements of this chapter are
proposed to be modified through a planned unit development, the applicable process is a
deviation rather than a variance.
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G. Limitations on approvals. For subdivision variances, the variance approval will be null
and void if the final plat is not filed within the time allowed for final approval by the city's
decision.
Section 22
That a new Section 38.360.280 of the Bozeman Municipal Code be created to read as follows:
Section 38.360.280 Agricultural water user facilities
A. Purpose. The purpose of this section is to recognize and protect property rights
established through water rights issued by the state of montana and the associated rights
of conveyance for agricultural water user facilities. Development of land has potential to
negatively impact such rights and function of such facilities. The state has adopted
requirements including but not limited to 70-17-112, 85-7-2211 and 85-7-2212, MCA to
protect agricultural water user facilities and prevent interference with them.
B. Notice requirements concerning agricultural water user facility:
1. Where an agricultural water user facility is present on-site, or on an adjoining
property within 100 feet of the exterior boundaries of the proposed development,
the developer must:
a. provide written notice to the applicable water users and/or agricultural water user
facility’s authorized representatives of the proposed development,
b. provide them with a copy of the proposed development layout,
c. provide a description of any anticipated adverse effects to the agricultural water
user facility,
d. provide a description of any mitigation proposed to remedy such adverse effects,
and
e. provide 45 calendar days for the water users and/or agricultural water user
facility’s authorized representatives to submit written comments.
2. Notice to the water users and/or agricultural water user facility’s authorized
representatives must be as follows.
a. In the event the agricultural water user facility conveys water for an incorporated
or otherwise organized group of water users such as a ditch or canal company,
and the water users have officially elected or otherwise appointed a
representative or group of representatives, written notice shall be to the
agricultural water user facility’s authorized representatives.
b. In the event the agricultural water user facility conveys water for water users that
have not organized or officially elected or otherwise appointed a
representative, the developer shall give written notice to all water users.
c. In the event the agricultural water user facility conveys water in a combination of
the scenarios described in i and ii above, the Subdivider shall give written
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notice to the agricultural water user facility’s authorized representatives, and
any water users not represented by the agricultural water user facility’s
authorized representatives.
d. The montana department of natural resources and conservation is the agency that
maintains the official records for water rights.
3. The pre-application or concept plan submittal shall include the names and contact
information for the water users and agricultural water user facility’s authorized
representatives that were provided with written notice, and the date they were
provided written notice; and a copy of the notice sent.
4. If the water users and/or agricultural water user facility’s authorized representatives
have provided the applicant with written comments, those comments shall be
submitted with the pre-application or concept plan submittal.
5. If there are changes to the project between the pre-application plan or concept plan
submittal and formal application stage that would result in additional impacts to the
agricultural water user facility, the developer shall comply with the notice and
documentation requirements described above to be submitted with the formal
application.
6. If the subject of this subsection was fully addressed with a previous development
review and a new application is fully in compliance with the earlier approval then
compliance with the notice provisions of this subsection is not required.
C. Persons holding water rights, agricultural water user facility owners, or their representatives
may conduct necessary maintenance such as cleaning and removal of accumulated silt,
branches, trees, sticks and other debris as well as repair or restoration activities consistent
with state law and the terms of any applicable easement or other authority.
D. Agricultural water user facilities may also be subject to 38.410.060.
Section 23
That Section 38.400.020 of the Bozeman Municipal Code be amended as follows:
Sec. 38.400.020. Street and road dedication.
A. General. All streets or alleys within, or providing access to, the proposed development must
be dedicated to the public, be private streets to be owned and maintained by an approved
property owners' association, or, if the criteria of this section are met, be a public street
easement.
1. Public street easements. Public street easements must:
a. Be approved by the city attorney's office;
b. Be recorded in the county clerk and recorder's office; and
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c. Clearly grant to the public an unrestricted right of ingress and egress from a public
street to the property to be subdivided.
2. Private streets.
a. Private streets may be required to have a public access easement if deemed
necessary by the city.
b. If a private street is proposed, the project must be reviewed as a planned unit
development. However, development proposals containing private streets are
exempt from the PUD review requirement if:
(1) A local private street is proposed and the street would comply with the city
standard right-of-way requirement of 60 feet, and the standard back-of-curb
to back-of-curb width of 31, 33 or 35 feet; or
(2) A local private street is proposed and the street would comply with the city
standard right-of-way requirement of 60 feet. The back-of-curb to back-of-
curb width may vary from city standards, provided that:
(a) A permanent funding source, such as the levying of assessments
against all properties within the development, for street
maintenance is established and the funding levels will be adequate
for all future private street maintenance; and
(b) The developer signs a waiver of right to protest the creation of
SIDs, or other perpetual legal instrument, acknowledging that the
city will not assume dedication and/or maintenance of the streets
unless the street is brought up to city standards, or the property
owners' have agreed to an assessment to fund improvements
required to bring the street up to city standards. The developer
must record the waiver, or other legal instrument, at the time of
final plat recordation, or prior to issuance of building permits if no
final plat recordation is required.
c. Documented proof of adequate funding and scheduling for maintenance of all
private streets, must be provided, subject to section 38.270.09038.220.200.
Section 24
That Section 38.410.060 of the Bozeman Municipal Code be amended as follows:
Sec. 38.410.060. Easements.
A. Required easements. Where determined to be necessary, public and/or private easements
must be provided for private and public utilities, drainage, vehicular or pedestrian access,
etc.
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1. In subdivisions, all easements must be described, dimensioned and shown on the final
plat in their true and correct location.
2. In all other developments, the proper easements documents must be prepared for
review and approval by the city, and filed at the county clerk and recorder's office. The
easement documents must be accompanied by an exhibit indicating the dimensions,
and true and correct location, of all easements.
3. No lot may be encumbered by a public or private utility easement in a way that would
decrease the amount of buildable land to less than the area required by this chapter for
the applicable zoning district.
B. Private utility easements. Private utilities include, but are not limited to, natural gas,
electricity, telephone, cable and fiber optic lines. The developer must provide private utility
easements necessary to extend private utilities to the development, and to provide for the
construction and maintenance of private utilities within the development.
1. General.
a. Building setbacks must be coordinated with all provided utility easements. If a
utility easement will be greater than the building setback required by this chapter,
a note to that effect must be placed on the final plat and/or final site plan as
appropriate.
b. Where a utility easement is to be located in an existing, dedicated right-of-way, an
encroachment permit must be obtained from the local or state street or road
department having jurisdiction.
c. If placed in a city right-of-way, easements must be in a location required by and
agreed upon in writing by all of the appropriate utility companies and the review
authority.
2. Easement size.
a. Front setback utility easements. Front setback utility easements must be ten feet
wide, and must always be provided unless written confirmation is submitted to the
community development department from all utility companies providing service
indicating that front setback easements are not needed.
b. Rear setback utility easements. The provision of rear setback utility easements is
not mandatory unless they are required by any or all of the utility companies to
adequately serve the development. If provided, rear setback utility easements on
each lot must be six feet wide if adjacent to a public alley and ten feet if not
adjacent to a public alley.
c. Side setback utility easements. The provision of side setback utility easements is
not mandatory unless they are required by any or all of the utility companies to
adequately serve the development. If provided, the width of the side setback
utility easement must be determined on a case-by-case basis based on the needs of
the utility companies.
3. Private utility plans.
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a. When the concurrent construction option will be used, based on the provisions of
section 38.270.030.D, private utility plans must be included with the preliminary
PUD submittal.
b. Private utility plans must be provided with any plans and specifications submittals
for the construction of new water, sewer or street infrastructure as specified in the
city's design standards and specifications policy.
4. No building shall be constructed that encroaches on a private utility easement unless
written approval from all utility companies is provided to the community development
department.
C. Public utility easements. Public utilities include water, sewer and stormwater facilities that
are dedicated to and maintained by the city.
1. A public utility easement must be granted for all public utility mains not located within
public street right-of-way. An easement must be at least 30 feet wide for either one or
two utility mains. An additional ten feet of width is required for each additional main
that occupies the easement. Wider easements may be required at the discretion of the
city for large utility lines.
2. Public utility easements must be provided for all meter pits and fire hydrants
maintained by the city.
3. No permanent structures shall be placed within public utility easements unless an
encroachment permit has been obtained from the city.
D. Easements for agricultural water user facilities.
1. Except as noted in subsection D.2 of this section, the developer must establish
appropriate agricultural water user facility easements that:
a. Are in locations of appropriate topographic characteristics and sufficient width to
allow the physical placement and unobstructed maintenance of active open ditches
or below ground pipelines. Easements may be required when an agricultural water
user facility is on adjacent property but an easement necessary to protect the
function of the agricultural water user facility crosses onto the property to be
developed. The easement must facilitate the delivery of water for irrigation to
persons and lands legally entitled to the water under an appropriated water right or
permit of an irrigation district or other private or public entity formed to provide
for the use of the water right;
(1) The easements must ensure the conveyance of irrigation water through the
land to be developed to lands adjacent to or beyond the development's
boundaries in quantities and in a manner consistent with historic and legal
rights; and
(2) A minimum easement width of ten feet is required on each side of irrigation
canals and ditches.
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b. Are a sufficient distance from the centerline of the agricultural water user facility
to allow for construction, repair, maintenance and inspection of the ditch or
pipeline; and
c. Prohibit the placement of structures or the planting of vegetation other than grass
within the agricultural water user facility easement without the written permission
of the facility owner.
2. The developer need not establish agricultural water user facility easements as provided
above if the following provisions were met or will be met via the subdivision or site
plan process:
a. The average lot size is one acre or less and the developer provides for disclosure,
in a manner acceptable to the review authority, that adequately notifies potential
buyers of lots that are classified as irrigated land and may continue to be assessed
for irrigation water delivery even though the water may not be deliverable; or
b. The water rights are removed or the process has been initiated to remove the water
rights from the subdivided or developed land. If the water rights have been or will
be removed from the land within the development it must be so noted with the
preliminary plat or plan submittal. If removal of water rights is not complete upon
filing of the final plat or approval of the final site plan, the developer must provide
written notification to prospective buyers of the intent to remove the water right
and must document that intent, when applicable, in agreements and legal
documents for related sales transactions.
3. The realignment or relocation of active irrigation ditches or pipelines is discouraged. If
an agricultural water user facility or points of diversions thereon are proposed to be
realigned or relocated, the developer's professional engineer must certify, prior to final
plat or final plan approval, that the water entering and exiting the realigned or relocated
agricultural water user facility is the same quality and amount of water that entered or
exited the facility prior to realignment or relocation.
4. Stormwater from a development must not be discharged to an agricultural water user
facility without written approval from the owner of the facility and corresponding
stormwater conveyance easements.
5. If the developer demonstrates that easements have been extinguished pursuant to state
law, or the holder of the easement consents in writing to the extinguishment, or the
easement is not required per subsection D.2, the developer may remove ditch laterals
from within the subdivision.
6. If agricultural water user facility easements are required, a notice must also be recorded
with a final plat or prior to final plan approval, stating that the easements are subject to
the requirements of Section 70-17-112, MCA restricting interference with canal or
ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-
2212, MCA regarding duties and liability. The notice must include language to assure
the duties are binding upon all successors in interest and remain in effect until such
time that the agricultural water user facility is abandoned in accordance with the
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requirements of Montana Law or alternative requirements are agreed to in writing by
all applicable parties. The easements must be prepared as documents separate from a
final plat but may be referenced on a final plat.
7. Any other mitigation of impacts to an agricultural water user facility identified during
development review must be coordinated with any required easement. Mitigation shall
be reasonable, based on site-specific conditions, and shall be developed with
consideration of comments received from the water users and or agricultural water user
facility’s authorized representatives.
E. Other easements. Public access easements for streets and trails must be provided in
accordance with the provisions of divisions 38.400 and 38.420 of this chapter.
Section 25
That Section 38.410.020 of the Bozeman Municipal Code be amended as follows:
Sec. 38.410.020. Neighborhood centers.
A. To provide a neighborhood focal point, all residential subdivisions or planned unit
developments that are ten net acres in size or greater, must have a neighborhood center.
Developments may be exempted from this requirement if every lot within the development
is within one-half mile of an existing neighborhood center. Generally, the center must be no
less than one acre in size. The center must be comprised of a park, square, green, plaza,
transit stop, neighborhood commercial center, civic use or any combination of these. The
following requirements apply to all neighborhood centers:
1. The geographic center point of the neighborhood center must be no further than 600
feet from the geographic center point of the development. This requirement may be
waived in the following circumstances:
a. The development would create parcels that are all non-residential;
b. The center is a neighborhood commercial center or is adjacent to a neighborhood
commercial center;
c. The site is constrained by the presence of critical lands;
d. The site is part of an approved subarea plan that shows the center in a different
location; or
e. The topography of the site presents physical constraints on the property.
2. With the exception of civic and neighborhood commercial center uses, the developer
must install all center-related improvements as part of the required development
improvements. When a multi-phase project is developed, improvements must be
installed with each phase. Required improvements must be based on the definition of
each feature found in article 7 of this chapter, and/or city standards.
3. The neighborhood center must have frontage along 100 percent of its perimeter on
public or private streets or roads. The city may consider and approve the installation of
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streets along less than 100 percent, but not less than 50 percent, of the perimeter in
accordance with section 38.420.060.
4. With the exception of civic and neighborhood commercial center buildings and
grounds, the center is considered a common area to be owned and maintained by the
property owners' or a property owners' association. The property owners' association
may establish an improvement district to collect assessments to pay for the
maintenance.
5. After receiving a recommendation from the city recreation and parks advisory board,
aAreas within neighborhood centers used for park, square, or green may count towards
parkland dedication requirements (subject to review and approval by the review
authority) if they meet the following criteria:
a. The area is predominantly open space with enhanced natural features, but may
contain amenities such as sidewalks, seating, drinking and ornamental fountains
and public art; and
b. The area provides active and/or passive recreation opportunities.
6. The neighborhood center may be used for limited stormwater retention/detention
facilities if reviewed and approved by the review authority. However, any part of the
center used for stormwater management does not count towards park dedication
requirements.
7. New neighborhood commercial centers are subject to the community design
framework master plan provisions of sections 38.210.130 and 38.510.030.L.
Section 26
That Section 38.420.050 of the Bozeman Municipal Code be amended as follows:
Sec. 38.420.050. Location.
A. General. The review authority, in consultation with the developer, recreation and parks
advisory board and parks department, and the planning board if applicable, may determine
suitable locations for parks and playgrounds. Parkland must be located on land suitable to
and supportive of the activities and functions depicted in the relevant park plan, and unless
the park plan indicates a requirement for another configuration, should be kept in a large
block.
B. Subarea or neighborhood plans. If a subarea or neighborhood plan has been adopted for
the area, the subdivision must comply with the subarea or neighborhood plan for the location of
parks
Commented [CS30]: Implementing changes in advisory boards
and removing an extra step in review to keep within required time
frames of review.
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Section 27
That Section 38.420.080 of the Bozeman Municipal Code be amended as follows:
Sec. 38.420.080. Park development.
A. General. Developers must consult any adopted citywide park plan, and with the recreation
and parks advisory boardparks department which implements the plan, to determine the
types of parks needed for the proposed development and surrounding area. Parks must be
developed in accordance with the citywide park plan and any approved park master plan. At
a minimum, all parks must be improved to the following standards by the developer, prior to
final plat or final occupancy approval as appropriate:
1. Minimum required improvements to land dedications. The subdivider must level any
park area, amend the soil, seed disturbed areas to allow mowing with turf type mowers,
and install an underground irrigation system in compliance with city standards and
specifications.
a. Parks must be seeded with drought tolerant grass seed unless approved otherwise
in writing by the park superintendent.
2. Irrigation. The developer must irrigate the park area until 50 percent of the subdivision
lots or condominium units are sold. Thereafter, the property owners' association must
be responsible for park irrigation. The property owners' association may establish an
improvement district to collect assessments to pay for irrigation.
a. Wells must be used to irrigate parkland.
B. Boundaries. The park boundary bordering all private lots must be delineated at the common
private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in
length with no less than two feet driven into the ground. Each post must be labeled with a
permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of
boundary marking may be approved by the planning or other appropriate department.
C. Sidewalks. Sidewalks, when required within the development, must be installed by the
developer at points where the park borders or crosses public or private streets.
D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be
located within public parkland, but such areas do not count towards the parkland dedication
requirement. Any stormwater ponds located on parkland must be designed, constructed
and/or added to so as to be conducive to the normal use and maintenance of the park.
Stormwater ponds may not be located on private lots. Stormwater retention or detention
ponds must be maintained by the property owners' association.
E. Clean up required. All fencing material, construction debris and other trash must be
removed from the park area.
Section 28
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Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments
Ord 2089
Page 77 of 78
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 29
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 30
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 31
Codification.
This Ordinance shall be codified as indicated in Section 2–28.
Section 32
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 2021
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Ordinance No. 2089, 2021 Legislative Session Subdivision Amendments
Ord 2089
Page 78 of 78
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2021. The effective date of this ordinance is __________, __, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
450
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Appointments to Citizen Advisory Boards
MEETING DATE:November 16, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint the following members to the associated roles and terms
as provided:
Urban Parks & Forestry Board:
Three members appointed to terms ending December 31, 2024
Alice Stanley
Anna Wearn
Thomas Cuezze
Four members appointed to terms ending December 31, 2023
Angie Kociolek as Chair
Dan Fenn as Vice-chair
Sally Rohrer
Donald Ulrich
Sustainability Board:
Three members to terms ending December 31, 2024
Emma Bode as Chair
Rebecca Kurnick as Vice-chair
Kristin Blackler
Four members to terms ending December 31, 2023
Benjamin Finegan
Isabel Shaida
Lumay Murphy
Matt Thompson
Economic Vitality Board:
Four members to terms ending December 31, 2023
Joseph Morrison
Sara Savage
Suzanne White
Craig Ogilvie
Three members to terms ending December 31, 2024
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Katy Osterloth as Chair
Danielle Rogers as Vice-chair
John Carey
Community Development Board:
One Mayoral appointment upon designation by Gallatin County Commission
to a term ending December 31, 2024
Jerry Pape
Four Mayoral appointments to terms ending December 31, 2024
Allison Bryan
Brady Ernst
John Backes
Padden Guy Murphy
One Commission appointment of a licensed architect to a term ending
December 31, 2023
Stephen Egnatz
One Commission appointment of a representative of the development
community to a term ending December 31, 2023
Nicole Olmstead as Vice-chair
One Commission appointment to a term ending December 31, 2023
Henry "Hap" Happel as Chair
Transportation Board:
One member to a term ending December 31, 2022
Bryce Gordon
Two members to terms ending December 31, 2023
Christine Roberts
Shannon Mahoney
Two members to terms ending December 31, 2024
Deejay Newell
Courtney Oyler
Two members to terms ending December 31, 2025
Kelly Pohl as Chair
Paul Reichert as Vice-chair
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The City Commission held public work sessions on February 23, May 25, and
June 22, 2021 .
On August 10, 2021, the City Commission adopted Resolution 5323 , defining
a high performing board model, and Resolutions 5326, 5327, 5328, 5329,
and 5330 approving and establishing the Transportation Board, the
Sustainability Board, the Urban Parks and Forestry Board, the Economic
Vitality Board, and the Community Development Board.
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On August 10, 2021 , the City Commission provisionally adopted Ordinance
2085 for board consolidation and finally adopted said ordinance on August
24, 2021.
The City of Bozeman accepted applications until September 30, 2021. A
panel of two City Commission members and appropriate staff determined
eligibility, screened applicants, and identified candidates for an interview
from October 4 - October 11, 2021; interviews with candidates were
conducted from October 18 - October 29, 2021.
Application materials are available for review for the Community
Development Board, the Economic Vitality Board , the Sustainability Board,
the Transportation Board, and the Urban Parks & Forestry Board .
This appointment step is the conclusion of the new board structure creation
and will empanel boards to begin meeting in December.
UNRESOLVED ISSUES:For the Community Development Board, the appointment of one member
from the City Commission membership to a term ending December 31, 2023
has yet to be determined.
ALTERNATIVES:As per City Commission.
FISCAL EFFECTS:None.
Report compiled on: November 3, 2021
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