HomeMy WebLinkAboutResolution 5383 Adopting and extension of services plan and report for City Innitiated AnnexationsResolution 5156 Page 1 of 2
RESOLUTION 5383
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING AN EXTENSION OF SERVICES PLAN AND REPORT FOR CITY
INITIATED ANNEXATIONS.
WHEREAS, the City of Bozeman’s Strategic Plan calls for a Well Planned City stating, “4.3
Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new
infrastructure;” and
WHEREAS, to implement goal, the Strategic Plan Section 4.3(e) then calls for the City
to “Investigate the development of new annexation policies to address long term tax fairness for public
services, locations of infrastructure, and locations for future infill and growth;” and
WHEREAS, the City Commission held a work session on city-initiated annexation on April 22,
2019 and were presented with a draft of an extension of services plan and accompanying policies on
October 28, 2019, and
WHEREAS, at the October 28, 2019 Commission meeting, the City Commission directed the City
Manager to return to the Commission with updated Extension of Services Plan and Report for
consideration and possible adoption by the Commission; and
WHEREAS, on November 9, 2021, the Commission held an additional work session on City-
initiated annexation and again confirmed its desire to move forward with adoption of this Resolution; and
WHEREAS, pursuant to Montana law, at the time the City annexes property it must also have in
place a plan for the extension of services to newly annexed property; and
WHEREAS, the City Commission determines the attached Extension of Services Plan and Report
(the “Plan”) (when used in conjunction with an addendum to the Plan that provides details on how the
extension of services will work for a specific parcel or group of parcels) meets the requirements of
Montana law and may form the basis for a City-initiated annexation.
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Resolution 5156 Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
Section 1
The City Commission hereby adopts the Extension of Services Plan and Report (the “Plan”), dated May
10, 2022 (Attachment A). In addition, for each parcel or group of parcels wherein the City initiates
annexation, as opposed to a landowner initiated annexation, the City Commission must, at the time of
annexation, adopt an addendum to the Plan (to be known as an “Area Plan”). The Area Plan must provide
additional information specific to a given area on how adequate services will be available a specific parcel
or group of parcels. The Area Plan and the Plan, when considered together, are intended to provide the
overall plan for the extension of services required by Montana law.
Section 2
This Resolution is effective upon passage and approval.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 10th day of May, 2022.
____________________________________
Cynthia L. Andrus
Mayor
ATTEST:
____________________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
___________________________
Greg Sullivan
City Attorney
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Attachment A to Resolution 5383
CITY OF BOZEMAN
EXTENSION OF SERVICES PLAN AND REPORT FOR
CITY - INITIATED ANNEXATIONS
Adopted May 10, 2022
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City of Bozeman Extension of Services Plan and Report
for City-Initiated Annexations
TABLE OF CONTENTS
INTRODUCTION 2
STATUTORY REQUIREMENTS 3
RELATIONSHIP TO THE BOZEMAN GROWTH POLICY 3
AND CITY FACILITY PLANS
MUNICIPAL PLANNING AREA 4
Economic Conditions and Trends 4
Physical Growth Trends 4
Impediments to Growth 5
Growth Stimulants 6
Prevailing Growth Patterns 7
EXTENSION OF CITY SERVICES 10
DETERMINATION OF ADEQUATE PUBLIC FACILITIES 21
POLICIES FOR CITY-INITIATED ANNEXATION OF LAND 26
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INTRODUCTION
While the City of Bozeman’s preferred method of annexation is through landowner initiated
annexation, this Extension of Services Plan and Report (the “Plan”) is the guiding plan and
report for the provision of City services in circumstances where the City initiates annexation.
The Plan serves the following objectives:
Ensure the efficient use of public infrastructure through compact, orderly, safe, and
efficient growth;
Meet Montana statutory requirements for the extension of services plan and report for
the annexation of lands into the City;
Provide policies for the extension of municipal services when the City initiates
annexation of land including identifying methods of financing and extending municipal
services and the party or parties responsible therefore; and
Provide a framework, in concert with the City’s adopted Strategic Plan, and other plans
of the City including, among others, the City of Bozeman’s Growth Policy (Community
Plan), the Wastewater Collection Facilities Plan, the Water Facility Plan, the Integrated
Water Resources Plan, the Greater Bozeman Area Transportation Master Plan, the Parks,
Recreation and Active Transportation Plan (PRAT), the City’s Stormwater Facilities
Plan, and its Fire and EMS plans, the Bozeman Climate Plan, its Drought Management
Plan, the City’s Communi5ty Engagement Initiative, as well as the City’s Economic
Development Plan.
This Plan incorporates all currently adopted and any future adopted City plans for City
infrastructure and services.
In addition, this Plan provides a general description of the procedures and requirements for City
initiated annexation of properties. As the City moves to annex specific parcels or groups of
parcels at the time of such annexation the City must adopt an area plan as an addendum to this
Plan addressing the specifics of how annexed parcels will be provided services.
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STATUTORY REQUIREMENTS
As required by Montana law, the City must demonstrate how services will be provided to areas
the City proposes to annex. Specifically, the City must provide a plan for the extension of services.
This Plan must anticipate the services needed for a minimum of five years into the future and
must include the availability of water, sewer, storm drainage, solid waste disposal, streets,
police protection and fire protection, among others.
If the City determines it is necessary to extend streets, water, sewer, or other municipal services
such as parks and recreation, lighting, tree maintenance and sidewalk/trails into an area to be
annexed, an area plan must be adopted by the City Commission that, when considered in
conjunction with this Plan, meets the requirements of 7-2-4731, MCA, and 7-2-4732, MCA. If
the area to be annexed is currently served by adequate water, sewer and streets, and if the City
determines that capital improvements are not necessary, the City must provide plans of how it
intends to provide other services, mainly police and fire protection, and solid waste disposal.
The location of the municipal growth area is determined by considering available undeveloped and
underdeveloped lands in the context of existing municipal services and the logical extension of
these services. In addition, past community growth trends, as well as existing community growth
stimulants and deterrents, are taken into consideration in projecting growth area boundaries.
The proposed growth area is the boundary of the City’s adopted growth policy.
RELATIONSHIP TO THE BOZEMAN GROWTH POLICY
AND CITY FACILITY PLANS
This Plan hereby incorporates by reference the current and future Bozeman growth policy and the
various adopted City facility and service plans, including those for fire, emergency services, and
police, including any future updates to such plans. The growth policy and the various City facility
and service plans support this Plan. The adoption and implementation of this Plan will, likewise,
assist the City in achieving the goals and objectives of the growth policy and the various facility
and service plans.
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MUNICIPAL PLANNING AREA
The municipal planning area is the projected service area in which municipal services can or may
be extended, depending upon needs and demand. Boundaries of the municipal planning area are
established based on prevailing and anticipated growth trends, with consideration given to growth
stimulants as well as growth deterrents or impediments. In establishing this area, the City considers
population and economic trends that affect community growth or decline. Trends are subject to
fluctuation and the City’s planning area looks at the long term probable outcomes, not short term
exigencies.
Economic Conditions and Trends
The City is the primary economic engine of Southwest Montana. The City’s population exceeds
53,000 people yet serves significantly more people each day as a regional service, education, and
business hub. Rapid growth of population is a long standing trend. Federal recognition of passing
the 50,000 person milestone with the 2020 census moves the City into a metropolitan community
status with many impacts to the community.
There were 29,477 more people in Gallatin County in 2020 than there were in 2010. During this
time, the City grew by nearly 16,200 people, or 43%. The City’s growth rate has routinely
exceeded that of Gallatin County as a whole over the past 20 years with annual growth rates as
high as 6%. The area's population continues to grow steadily with the potential for continued
growth over the next twenty years. Details of population and economic growth are available
through the US Decennial Census, American Community Survey, and other state and federal
agency reports.
Physical Growth Trends
In addition to the increase in population, the City has regular annexation activity increasing its
physical size. Maps showing the location and timing of annexations are available through the
City’s website. Annexations range from small annexations, such as individual properties seeking
to connect to City utilities, to parcels as large as or larger than 160 acres. Annexation occurs
throughout the City but occurs predominantly in the City’s northwest and southwest quadrants..
As for future annexations, the City has seen development using up the City’s undeveloped property
reserve that was created in the 2000s. The City expects additional properties will seek annexation
as the development potential of property with municipal services is higher than without them.
Property owners seeking additional development have, historically, voluntarily approached the
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City seeking annexation. The City does not generally extend its utility services outside of its
boundaries.
As new development is proposed in areas contiguous to or wholly surrounded by the City new
development or redevelopment is generally required to connect to municipal water and sewer.
When this occurs, utility extensions must be in accordance with City standards and annexation is
generally required prior to receiving service. The location and schedule for such development is
driven by private demand and cannot be predicted in detail at this time. The City’s future land use
map from the Bozeman growth policy depicts areas where future urban development is expected.
There exist certain influencing factors that can either stimulate or impede the physical growth of
the City. In conjunction with the ability to provide services, these influencing factors must also be
considered in the establishment of future service and growth area boundaries.
Impediments to Growth
Identified impediments to growth in and around Bozeman are water supply, access or capacity in
sanitary sewers, lands of agricultural significance, large tracts of land under public ownership,
soils unsuitable for development, seasonally high groundwater, and steep slopes, among others.
The existence of certain types of soils renders some areas of the valley more expensive for urban
development because of low bearing strength requiring additional investments for stable roads and
building foundations. Although some soils may be unfavorable for development, most
disadvantages can be overcome through engineering solutions and construction techniques. It
should be noted that while the disadvantages of these soils can be overcome, such circumstances
will likely result in added expense to the public, in providing services such as streets, sewer and
water service, and storm drainage, and to the property owner, in terms of construction and
engineering costs.
The State of Montana owns large areas of land within and adjacent to the City. Some properties
are held for research purposes for the Montana University System or are designated school trust
lands. The MSU properties are primarily located on the bench in the Southeast quadrant of the
municipal planning area, main campus, and adjacent research facilities along College Street. As
the purpose of these properties is not for profit, the extension of infrastructure through these areas
is more difficult than typically experienced on private property. The City and Montana State
University work together on many infrastructure issues to enable the continued expansion of the
City and university.
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Seasonally high ground water is found frequently in the northwest and southwest quadrants. High
ground water impacts the ability to accommodate on-site sewage disposal systems. Ground water
levels are elevated by irrigation facilities and practices. Also, expensive construction techniques
are required in many locations throughout the City area to build stable, long lasting roads.
Slopes generally exceeding twenty five percent (25%) are considered a potential impediment to
urban development. Development on such slopes, including buildings, roads, driveways and other
improvements, can have significant impacts on existing drainage patterns, riparian vegetation,
wildlife, adjacent (particularly downhill) properties, and the existing natural scenic qualities of the
community. While the City is generally situated on the valley floor, instances of steep slopes occur
along the Peet’s Hill ridge and in the northeast quadrant with the Story Hills and Bridger Mountain
range foothills.
The Gallatin Valley is at the top of its drainage system, and therefore, water supply is of high
quality while limited in quantity. The City has an active program developing and protecting its
water supply and the rights to use it. The City actively pursues development of water resources,
conservation of water, and integrated strategies to maintain an adequate supply for its continued
growth. The adopted Integrated Water Resources Plan and Drought Management Plan looks at
long-term needs and trends to help maintain an adequate water supply.
The City actively invests in sanitary sewer upgrades each year. Sanitary sewer upgrades are
completed to expand the service area of the City, replace old and aging pipes, and to increase pipe
sizes and associated capacity. The City maintains a hydraulic model to understand available
capacity in the sanitary sewer system and direct capital plan investments. Some capacity
limitations exist in the system that are addressed as growth demands improvements to the system.
Low density, subdivisions not annexed to the City impede the logical and cost effective extensions
of municipal water and sewer systems. Retrofitting such development is expensive and often
opposed by residents. Avoidance of such development is therefore prudent to avoid impediments
to municipal growth. The City’s growth policy promotes protection of rural lands around the
perimeter of the City and limits development of these lands until the time when large projects with
the ability to extend City infrastructure are ready for development.
Growth Stimulants
Growth stimulants are forces exerted upon a city that may cause or encourage a city to grow in a
particular direction. Growth stimulants may be physical factors such as a scenic environment or a
proximity to services and/or utilities. A desirous quality of life or a strong economy can also
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stimulate the growth of a city. The physical beauty of the Gallatin Valley, Bozeman’s strong
economic reputation, and its perceived quality of life has spurred substantial growth over the past
20 years. It is expected that the growth of the area will continue due to its appealing life style,
strong economy, proximity to excellent recreation, and ready access to Bozeman Yellowstone
International Airport.
Prevailing Growth Patterns
Bozeman has been expanding in all directions. This includes redevelopment and intensification of
existing municipal areas. Multiple large buildings have been constructed or are under construction
in the Downtown and along N. 7th Avenue. Accessory Dwelling Units are being added to many
lots in the core of the community. Few areas within the City remain undeveloped.
The character of the surrounding areas into which the City is expanding are distinct. In order to
describe the nature of these areas more easily, the following discussion divides the city into four
quadrants with a center point at the intersection of Main Street and 19th Avenue. The prevailing
growth patterns in the Bozeman area, and the probable growth stimulants associated therewith,
follow:
Northeast Projected Growth Area
The area of this quadrant is generally flat and incorporates some of the original town-site area. The
mix of land uses shows substantial areas of residential, institutional, and industrial users. At the
outer eastern edges of this quadrant the land rises into the Story Hills and Bridger Mountain range.
The East Gallatin River crosses this area as does Interstate 90. Both of these are limits on the street
grid and influence the placement of water and sewer mains. Expansion of the City is expected but
is likely the least expansive of any of the four quadrants due to the degree of slopes in the outer
area. Growth of population and expansion of incorporated land in the area is possible. There are
several unannexed wholly surrounded areas and unannexed areas that receive municipal fire
service. There is potential for additional development within the wholly surrounded areas.
Municipal water and sewer are in near proximity to some of the wholly surrounded areas.
The City recognizes there are no overwhelming barriers that would impede the physical growth of
the City during the next five years. There are known needs for expansion of water and sewer
services that are described in the facility plans.
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Southeast Projected Growth Area
The area of this quadrant is generally moderately sloped and incorporates some of the original
town-site area. Bozeman Creek crosses this portion of the community. A large ridge on the eastern
side divides this area into two. The western area is mostly developed down to Kagy Blvd with
Montana State University and Downtown being the two most notable destinations. South of Kagy
Boulevard lies large open areas suitable for urban development. There are several large rural
subdivisions in this area. East of the ridge is Bozeman Health’s main campus and residential areas.
There is substantial land remaining for development east of the ridge. There are several suburban
developments in this area primarily utilizing individual water and sewer systems. There are several
wholly surrounded areas in this quadrant. These are located primarily along the Kagy Boulevard
corridor.
It is recognized that there are no overwhelming barriers that would impede the physical growth of
the City during the next five years. There are known needs for expansion of water and sewer
services which are described in the facility plans. The City is presently expanding water storage
capacity at its water treatment plant which will improve water pressure to this area.
Southwest Projected Growth Area
The area of this quadrant is quite flat and has the fewest topographic features which might restrict
expansion of the City. Large sections of this quadrant are presently outside of the City. Large
university landholdings restricted extension of municipal utilities for many years. With services
now made available, development is occurring along the S. 19th corridor and beginning to occur
south of Huffine Lane. Areas north of Huffine Lane have been annexed and infilling since the late
1970’s. There are several small residential unannexed inholdings within this quadrant and one
large existing and planned commercial area. High groundwater is prevalent in this quadrant,
especially south of Huffine Lane with many small spring creeks. There are continuing agricultural
operations in this area and very low density residential development scattered throughout it.
The City recognizes there are no overwhelming barriers that would impede the physical growth of
the City during the next five years. There are known needs for expansion of water and sewer
services that are described in the facility plans. The City is presently expanding water storage
capacity at its water treatment plant that will improve water pressure to this area. The City is also
constructing new infrastructure that will expand sewer capacity to serve this area.
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Northwest Projected Growth Area
This quadrant has seen the greatest amount of growth over the past 15 years. Several very large
annexations have been building out. The City along with private developers has invested heavily
in major transportation and sewer service improvements in this area that have facilitated growth.
Development in this area is primarily residential and institutional with substantial capacity for
commercial development to occur. This quadrant has the greatest number of unannexed
inholdings. Most of these inholdings are residential development but several have potential for
substantial intensification of use. The construction of Bozeman Gallatin High School, the Sports
Park, and Billing Clinic Hospital support an expectation of substantial additional growth in this
area.
The greatest restriction on development in this area is sewer services. The City constructed the
Davis Lift Station and the Norton East Ranch Interceptor to support construction of the new high
school and hospital. This construction will also open considerable capacity for additional
annexation and development.
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EXTENSION OF CITY SERVICES
The City’s growth policy and its facility and service plans (along with its Strategic Plan) seek
compact, orderly and efficient municipal growth. In addition, all plans support infill development
as well as outward expansion. Doing so minimizes the expenditure of municipal funds and ensures
such funds are used in the most efficient and rational manner. To implement the goals and
objectives of the growth policy and various facility and service plans, the City develops and
continually implements plans for the extension of municipal services through its capital-planning
program. When extending services into annexed areas, the City must identify the services available
and the manner in which the City will provide those services to the annexed area. In doing so, the
City identifies those responsible for extending services and the methods of financing such
extensions.
Initially, because of the extensive urban development in unannexed areas within and adjacent to
the City boundaries, roads and water and sewer mains are already in place through or beside many
areas where annexation may occur.
The facilities and services, which the City considers for extension into the future growth areas of
the City, include streets, sanitary sewer, storm sewer, water, police protection, fire protection, and
solid waste collection, among others. Generally, many of these services must be provided
concurrent with annexation.
In areas where services or facilities do not exist, it is generally the responsibility of a property
owner developing property to construct and pay for facilities such as roads, sewer, stormwater,
and water (for domestic and fire suppression). The City then will provide the services that use such
facilities, such as police and fire protection, solid waste collection, and water and wastewater
treatment. In areas that are currently developed, the City may, based on its growth policy and
facility and service plans, and in compliance with its adopted regulations, allow developed
properties to continue to use existing facilities such as on-site water wells and septic systems.
The City in cooperation with property owners must generally provide services concurrently with
development of the property. As such, for undeveloped areas, the City may allow a property owner
to defer the development of certain facilities until future development as long as basic services
such as police and fire are provided to the property. For example, if undeveloped property is
annexed anticipating future development, the City may not require development of additional
facilities for the property upon annexation as long as basic services can be provided at the time of
annexation.
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For developed areas, the City may authorize the use of existing facilities at the time of annexation
as long as such facilities can provide adequate services. For example, if the City annexes an
existing neighborhood with established streets and water and wastewater facilities, the City may,
depending on the condition of the facilities, authorize the continued use of such facilities as long
as the facilities are adequate to serve the property. As such, under this example, property owners
may continue to use on-site septic systems and wells and roads even though roads may not have
been built to current City standards and the City rarely if ever authorizes wells and septic systems
for domestic services. At the time of future development or when those services have outlived their
useful life or failed, these facilities must be upgraded to City standards.
This remainder of this section addresses the various types of facilities and services and, in
conjunction with the policies described below, the City’s plan for how each will be provided at the
time of annexation.
Streets
The transportation network within and around the City plays a significant role in the physical
development and growth of the City. This network of streets, roads and highways is designed to
form a system that not only provides efficient internal circulation, but also facilitates through
traffic. Since streets serve two basic functions, moving traffic and providing access to abutting
lands, the City, through its adopted transportation plan, classifies each street for the specific
function or combination of functions that it serves. This functional classification system forms the
basis for planning, designing, constructing, maintaining and operating the street system. Street
classification is also used as an equitable and practical method of allocating responsibility for street
and road construction expenditures. For these reasons urban streets are generally designed and
developed in a hierarchy comprised of the following types:
Major Arterials
A major arterial is described in the City’s adopted transportation plan. Generally, it is a road or
highway with moderate to high speeds and traffic volumes. Major arterials provide access to the
regional transportation network, and move traffic within the City. Access to abutting lands is
limited.
Minor Arterials
A minor arterial is also described in the City’s adopted transportation plan. Generally, it is a road
with moderate speeds designed to collect or move traffic from one major part of the City to another
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or to move traffic to and from the major arterial system.
Collector Streets
A collector street is a secondary or intermediate street with moderate speeds and moderate
volumes. Such streets would collect local traffic from neighborhoods and carry it to adjacent
neighborhoods or transfer the traffic to the arterial system. Such streets would typically serve a
neighborhood or local area.
Local Streets
These are minor streets intended to serve individual sites, homes, buildings or lots. Local streets
either feed into collectors or provide direct access to much of the land within the City.
As noted above, arterial and collector streets within Bozeman are listed according to functional
classification in the City’s adopted transportation plan. The transportation plan and the street
reconstruction priority ratings, prepared by the City Engineering staff, have been developed as a
tool for scheduling reconstruction, overlays and preventative maintenance for public streets,
excluding State and Federal highways, in the projected urban area. The City’s street system
includes approximately 294 miles of streets and alleys.
The transportation plan and supplemental staff analysis identify priority projects for the street
systems, which, if implemented, result in a benefit to existing traffic system performance. The
proposed improvements will also serve future development needs as urban development expands
into the adjacent rural areas surrounding Bozeman. The transportation plan, in addition to
identifying deficiencies and recommending improvements, identifies potential funding sources.
The top priority projects identified in the transportation plan involve, for the most part, either
arterials or collectors. All proposed developments that impact the existing or proposed street
network may be subject to conditions of approval intended to mitigate impacts. It is generally the
responsibility of a landowner to provide streets built to City standards, including curbs, gutters,
sidewalks, boulevards, street signs, streetlights and street trees. Standards for such improvements
are contained in the City of Bozeman's Unified Development Code, the City's Design Standards
and Specifications Policy, and the City of Bozeman Modifications to Montana Public Works
Standard Specifications. The policy section of this plan supports these requirements.
The City may authorize developed areas to be served by the existing street network even though
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such network does not meet current standards.
The City levies an arterial & collector street assessment to provide for construction and
maintenance of arterial and collector streets, according to the City’s adopted capital plans.
Currently, the assessment is $0.006408 per square foot of property area for all properties. The
assessment is limited to a maximum of 15,000 square feet for single-household residential
properties, a maximum 15,000 square feet for undeveloped commercial properties, and a
maximum of one quarter of the total area for properties zoned public lands and institutions. This
assessment is subject to change depending on priorities for capital improvements.
Street Maintenance
The City maintains, sweeps, and plows most streets which have been dedicated to the public within
the City, while the Montana Department of Transportation maintains and plows its highways
through the City totaling approximately 23 miles of roads. The County Road Department also
maintains and plows approximately nine miles and several segments of roads in the City that are
under County jurisdiction as adjacent land has been annexed. However, generally, County roads
will be incorporated into the City system as annexation occurs.
To address maintenance of City maintained streets, the City levies a street assessment. This
assessment provides for snow removal and deicing, asphalt patching and overlays, and street
sweeping. Currently, the assessment is $0.028924 per square foot of property area for all
properties. The assessment is limited to a maximum of 15,000 square feet for single-household
residential properties, a maximum 15,000 square feet for undeveloped commercial properties, and
a maximum of one quarter of the total area for properties zoned public lands and institutions. As
with the arterial and collector assessment, the street maintenance assessment is subject to change
depending on priorities for capital improvements.
Some neighborhoods and homeowners associations elect to manage additional snow removal on
their own, to achieve a higher level of service than the City can provide. In certain circumstances,
the City may require or authorize such private service of local streets. In addition, there exist streets
within the City that have not been dedicated to the public. The City does not generally maintain
these. For streets in areas proposed for annexation, homeowners may continue to be responsible
for maintenance of streets and street right-of-way for streets that have never been previously
dedicated to the public. The City may consider accepting dedication and the resulting maintenance
responsibilities. The manner in which this will be addressed will be discussed in an Area Plan.
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Sanitary Sewer/Wastewater Treatment
A sewerage system is a network of sewers used to collect the liquid wastes of a city for subsequent
treatment. The location and capacity of main sewer lines and treatment plants are a factor in
determining both the density and location of development within a community. Generally, the
design of main sewer lines and plant capacity is reflective of anticipated land uses and population
projections of a predetermined service area.
In contrast to a pressurized water distribution system, sewage is primarily collected by a gravity
flow system, wherein sewer lines are laid out in a manner as to flow continually downhill. Where
grades are insufficient to provide gravity flow, pumping of the sewage becomes necessary. Adding
pump stations to the system correspondingly adds expense and maintenance needs and is generally
discouraged. The City Water & Sewer Division currently maintains more than 246 miles of gravity
sewer mains, 4,959 manholes, and twelve lift stations. As the land area of the City expands, the
collection system likewise expands.
The City operates a mechanical wastewater treatment plant with secondary treatment and
biological nutrient removal. The plant is located on the northwest edge of the city on Springhill
Road. The treatment plant is designed to accommodate a flow of approximately 8.5 million gallons
per day (mgd). A plant of this capacity is able to serve a population of approximately 66,000. The
treatment plant is designed to facilitate future expansion. The plant is currently treating an average
of approximately five mgd of effluent. The City’s wastewater treatment plant provides a higher
degree of treatment and therefore better protection of public health and a clean environment than
is provided by on-site septic systems.
High groundwater infiltration and storm runoff inflow has a significant negative impact on the
City's collection and treatment systems. Infiltration and inflow are extraneous waters that can enter
the sewer system and thus reduce the sewage carrying capacity of the sewer, pump station and
treatment systems. As the amount of infiltration and inflow is reduced through improvements to
infrastructure, the ability of the plant to serve a larger population is increased. Much of the storm
runoff inflow has been eliminated through the ongoing construction of underground storm
drainage facilities, elimination of cross-connected stormwater catch basins and disconnection of
roof drains from sanitary sewer lines. Storm drainage is being improved as the City's stormwater
capital plan is implemented.
The design of new sewage collection systems must meet the current requirements of the Montana
Department of Environmental Quality, the Montana Public Works Standard Specifications, the
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City's Design Standards and Specifications Policy, and the City of Bozeman Modifications to the
Montana Public Works Standard Specifications, and the policies for extending services described
in this plan.
Residential neighborhoods utilizing on-site sewage disposal systems may be found throughout the
Bozeman sewer service area, both inside and outside the City limits. Over the next 15 to 20 years,
many of these neighborhoods will eventually undertake the extension of City sewer mains as
higher density development is desired and as on-site disposal systems outlive their useful life. The
location and schedule for such improvements will be driven by private demand and cannot be
predicted in detail at this time.
In accordance with the City of Bozeman Design Standards and Specifications Policy and
Modifications to the Montana Public Works Standard Specifications (MPWSS), future
development projects throughout the Bozeman sewer service area must prepare detailed
engineering studies to identify appropriate locations and design criteria for sewer mains and lift
stations. Consideration will be given to individual development goals, as well as the long range,
overall needs of the surrounding area and the sewage collection/treatment system as a whole.
The City may authorize developed areas proposed for annexation to be served by existing onsite
septic systems even though such systems may not be constructed to current regulatory standards.
Such systems must be abandoned and the Property must connect to the City’s sanitary sewer if
property redevelops or the systems fail.
Storm Water Management
Storm water runoff is the water flowing over the surface of the ground as a result of a rainfall or
snow melt. The primary goals in the management of storm water runoff are to minimize hazards
to life and property and to provide treatment of runoff before it enters streams and rivers. This is
accomplished by using storm sewers, detention, and treatment systems to collect, carry, detain,
and treat surface water and ultimately discharge that water to a natural water course or body of
water in such a way as to prevent flooding and the resultant damage.
The City’s stormwater collection system consists of a variety of infrastructure facilities that collect
urban runoff and either treat stormwater on site or convey it to local waterways, such as Bozeman
Creek, Bridger Creek, the East Gallatin River, and numerous small spring creeks. Currently,
system components include over 107 miles of underground pipe, 3,675 inlets, 1,625 utility holes,
and 629 individual discharge points spread across the City. In areas built post-1980, there are 519
surface and subsurface stormwater facilities that act as flood and water quality controls. The
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majority of these facilities are owned and operated by property owner associations or private
parties. As the land area of the City expands, this system likewise expands.
As new streets are constructed, and as existing streets are improved, storm drainage infrastructure
is likewise installed or improved. Those persons developing property have the responsibility to
convey storm water from their property to an appropriate point of treatment and disposal. The
quantity and rate of runoff from a developed piece of property should not exceed that which would
occur had the property remained undeveloped. In instances where developing property cannot be
drained to an appropriate point of disposal, storm water must be detained and handled on site.
The City may recognize developed areas proposed for annexation may be served by existing
stormwater systems even though such systems do not meet current standards.
Water
The City must ensure dwellings and business have access to safe, potable and palatable water for
the needs of the City’s domestic, institutional, industrial and commercial consumers. The City
must also ensure adequate water exists to meet firefighting needs.
The City provides domestic water from the Hyalite/Sourdough Water Treatment Plant and the
Lyman Spring Water System. The present supply capacity is approximately 22 million gallons per
day (mgd), and the peak demand periods of late summer are approximately 9 mgd. The maximum
day demand has been observed at approximately 12 mgd.
Water storage tanks are used to equalize pressure throughout the 303-mile long distribution system
and to provide emergency supply in case of an interruption of power, a failure of pumping
equipment, or to provide water for firefighting. This system also provides the flow necessary to
meet peak demands. The amount and location of stored water represents a key component of the
water system's ability to deliver water for the purpose of fire suppression. The city currently
utilizes four storage tanks with a total capacity of 16.6 million gallons. Under the requirements of
the Safe Drinking Water Act, the City tests the water supply for a wide variety of contaminants on
a regular basis. Extensive testing for microorganisms, disinfection byproducts, disinfectants,
inorganic chemicals, organic chemicals, and radionuclides has shown that Bozeman's water is of
the highest quality.
The City’s water facility and service plan guides the extension of water mains into areas of growth
as and when development occurs. The plan is based on the objective of providing adequate water
flow to meet household, commercial, industrial and irrigation demands, while meeting fire
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protection needs as well. The distribution system must be able to deliver water in sufficient
quantity to all residents and businesses at all times. Ideally, a water distribution is of a grid layout
with supply and storage facilities strategically located to equalize pressure during periods of heavy
usage. Dead-end lines should be avoided and reduce the number of customers who would be out
of water during periods of line repair.
The provision of water for firefighting purposes is as important as, and as consumptive as, that
required for domestic and commercial uses, and must be considered when evaluating transmission,
storage and distribution facilities.
For the City to provide water for domestic and commercial uses and fire protection services
through the City’s water treatment and distribution system the City must continue to address its
legal access to its sources of water. The City invests in securing and maintain its legal access to
water guides by its Integrated Water Resources Plan and its employees make ongoing efforts to
protect existing water rights and obtain new water rights. The most important priority for the City
to ensure long-term availability of water is through water conservation. These efforts will continue.
The City may authorize developed areas proposed for annexation to be served by the existing wells
even though the use of wells does not meet current standards. Such systems must be abandoned or
used solely for irrigation if property redevelops or if a property owner must connect to the City’s
water system.
Solid Waste Management
Solid waste collection, recycling, and disposal services are provided within the City by both the
City and private haulers subject to the provisions of Chapter 32 of the Bozeman Municipal
Code. Refuse collected within city limits is transported to the Logan landfill located approximately
27 miles west of Bozeman. All properties within the City must use a solid waste collection service.
Recycling services are also available.
The City provides weekly residential pick-up of refuse, while businesses receive, if needed,
multiple pick-ups each week. The City utilizes an automated side-arm loader for collection and
transportation of garbage to the landfill. The City also supports recycling efforts with residential
pick-up. The demand for solid waste collection is typically proportionate to the size of the
community. Therefore, as the City of Bozeman accepts annexations, its solid waste service area
will increase as well. The City recognizes the provisions of 7-2-4736, MCA in regards to solid
waste collection services.
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Fire Protection
Fire protection is dependent upon the size and type of fire protection work force, availability of
adequate water, type of equipment and the response time involved.
The Bozeman Fire Department currently consists of 50 paid personnel, of which 49 are sworn
uniformed fire rescue personnel and one civilian support staff. The City levies property taxes to
pay for fire protection services.
To provide fire protection within the city, the City must develop and maintain adequate firefighting
apparatus, equipment, housing, personnel, and facilities. Mutual aid between the Bozeman Fire
Department and departments outside the City, including Central Valley, Hyalite, and Fort Ellis
Fire Departments, provide resources that can be requested by any of the departments if additional
assistance is needed.
Currently, the City of Bozeman has an insurance class rating of “2”. The department was last
reevaluated in 2017 by the Insurance Services Office (ISO). ISO collects data for more than
48,000 communities and fire districts throughout the country. This data is then analyzed using a
proprietary Fire Suppression Rating Schedule. This analysis then results in a Public Protection
Classification score between 1 and 10 for the community, with Class 1 representing "superior
property fire protection" and Class 10 indicating that an area does not meet the minimum criteria
set by the ISO.
Currently, hydrant locations in the City could be considered adequate in most areas. The Utilities
Department and Fire Department work together to identify needs and install new fire hydrants in
developed areas that are served by City owned water mains of sufficient capacity to deliver fire
flows. At the time of annexation, the City determines how to provide fire protection services; in
circumstances of annexation of developed properties, the City may use existing facilities to provide
service.
Law Enforcement
Police services and public safety are vital components of the essential services the City provides
to all residents and visitors to the city. The Bozeman Police Department is currently authorized
for sixty seven sworn police officers, two part-time police officers, three special services security
officers, two animal control officers, one crash investigator, six information specialists, one
evidence technician, one digital forensic analyst, one fleet maintenance staffer and a number of
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volunteers. The primary service area is within the city limits of Bozeman. The department also
participates in shared teams that work both inside and outside the city limits such as the city-county
Special Response Team, the Missouri River Drug Task Force and the Montana Internet Crimes
Against Children Task Force.
The Bozeman Police Department is responsible for public safety services for all persons who live,
work and play within the City. In addition to Bozeman residents, the service demands on the
department are also largely influenced by Montana State University student and staff populations,
as well as the county residents living outside the city limits that come to Bozeman to work, shop,
dine, or recreate. The department’s service population also includes visitors that travel through or
stay in Bozeman.
These factors obviously affect the numbers of calls for service the department responds to. Other
factors that influence the department’s workload are the number, frequency and location of
criminal activity, motor vehicle crashes and general calls for assistance. As is the case with all
departments within the City, the community’s current rate of growth has the largest impact on the
delivery of public safety services. As the City grows both geographically and in population, it is
necessary to continue to staff and resource the police department accordingly.
For the annexation of property, law enforcement services are provided at the time of annexation.
Parks and Recreation
The City provides maintained, publically accessible, parks and trails to all residents and
community members. The City’s Park and Recreation Department currently maintains 44 park
spaces consisting of pocket parks, neighborhood parks, special use parks and community parks.
The Department manages and maintains all associated infrastructure within these park spaces (i.e.
irrigation systems, pavilions, restrooms, bridges, play structures, etc…). The Parks Division of
the Department also maintains 61.7 miles of trail and path within the City for transportation and
recreation. Many neighborhood parks and trails throughout the City are maintained by
homeowners associations.
The Department also provides a myriad of recreation and aquatic services to the public of all ages.
Under the Department’s cost of service plan, cost recovery is subsidized by the City for some age
groups and specific programs resulting in resident discounts.
The Department services are tracked for time, equipment and materials allowing the Department
to forecast future costs of potential annexations. The City generally maintains public parks and
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trails currently in existence at time of annexation at the current standard. Recreational services
would be extended to residents of newly annexed property at the current resident rate. Finally, all
public park and street trees are added to the City tree inventory and maintained as a part of the
City’s urban forestry management program.
The Forestry Division of the Department manages and maintains over 24,000 street, park and
cemetery trees. Forestry also provides and installs at least 175 trees annually in public right-of-
way at a subsidized cost to the adjacent property owner. Forestry utilizes a Forestry Management
Plan and Emerald Ash Borer Course of Action Plan as master plans in the urban forest management
of the City. The City will maintain trees in public parks and rights-of-way at the time property is
annexed.
As of the date of this Plan, the City of Bozeman levies a tree maintenance assessment on properties
within the City. Currently, the assessment is $0.003548 per square foot of property area for all
properties. The assessment is limited to a maximum of 15,000 square feet for single-family
residential properties, a maximum 15,000 square feet for undeveloped commercial properties, and
a maximum of one quarter of the total area for properties zoned public lands and institutions.
Residents and property owners within areas proposed for annexation must recognize assessments
are subject to change on an annual basis.
Other City Services
In addition to the above, the City provides other facilities and services such as Library, sidewalk
maintenance, weed abatement, etc. As the City annexes land, these facilities and services will be
available to residents and owners of annexed property.
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DETERMINATION OF ADEQUATE PUBLIC FACILITIES AND SERVICES
Montana law requires, at the time of annexation that certain basic services be adequate for the
property being served. These services include police and fire protection, streets and street
maintenance, solid waste collection and wastewater collection and treatment, and the
provision of potable water. As such, this section provides a discussion on the facilities and
services required to be addressed by Montana law. The City may provide these services at the
time of annexation or the services may be provided by other entities. For example, the City
may annex a property and, through its own services, provide police and fire protection and
make its solid waste services available. The collection of solid waste may also be provided by
private companies. Likewise, the City may determine land proposed for annexation is
adequately served by existing on-site wastewater and water services such as septic tanks and
wells.
This section provides general guidance on the factors the City will consider when analyzing
whether existing facilities, infrastructure, or services are adequate to provide basic services to
a property proposed for annexation.
The City recognizes areas proposed for annexation may have developed under different
standards than are required currently in the City for new development. For example, a
neighborhood may have developed when the requirement for paved streets with concrete curb
and gutter and sidewalks did not exist. Likewise, a neighborhood may have developed where
centralized water and wastewater collection systems were not required to be constructed or
available to the property. Even though these types of neighborhoods do not meet current City
development standards, (i.e. the standards required if the neighborhood were permitted today)
the City may nonetheless determine these facilities such as streets and wastewater collection
to be adequate as those facilities continue to serve the needs of the owners or residents of the
properties.
In general, adequate means sufficient for a specific need or requirement or of a quality that is
acceptable. The City must determine, for each area that is proposed for annexation, whether
the services necessary for a property are, at the time of annexation, sufficient to meet the needs
of the residents. This analysis will be conducted in the Area Plan serving as an addendum to
this Plan that must be developed for each area proposed for annexation. As such, the analysis
of whether the services are sufficient to meet the needs of the residents (i.e. are adequate) will
be done on a case by case basis as each area will have different infrastructure and facility
needs.
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In doing so, the City will analyze certain factors which are described herein.
Streets
For streets, an important consideration for the City to consider in determining whether existing
streets are adequate is whether the streets, as they exist at the time of annexation, can provide
legal and physical access to the property for its residents and access for mail and delivery
services. In addition, another critical consideration is whether the streets can provide access
for emergency vehicles for police, fire, and emergency medical response. Other
considerations include whether the streets can provide access for solid waste collection. As
noted above, the City may annex property even if the street is not constructed to the current
standard for new development; there exist currently areas within the City that developed prior
to modern standards and the City recognizes these existing areas are adequate.
The City determines whether a street is adequate for these purposes and in doing so the City
recognizes streets vary in their quality – from streets with deferred maintenance to newly
constructed streets – and that streets of varying quality may still be adequate to serve the adjacent
properties.
Street maintenance
The City recognizes, as noted above, at the time of annexation, the City will assume
maintenance of newly annexed streets where the street and its accompanying right-of-way
have been dedicated to the public. As such, if the City annexes property with a street and its
right-of-way that has been dedicated to the public the City must maintain the streets providing
access to the property regardless of whether the street meets current City standards. In
circumstances where the street and its right-of-way has not been previously dedicated to the
public the City may consider accepting a dedication at the time of annexation; if not, the
owners of the street may continue to be responsible for maintenance. The manner in which
maintenance responsibilities will occur after annexation will be addressed in an Area Plan.
If the area proposed for annexation is currently included in a Rural Improvement District (RID)
established by Gallatin County, the implications of annexation on a property owner’s RID
payments (if any) will be discussed in the Area Plan.
Wastewater Treatment/Sanitary Sewer
Montana law recognizes domestic and commercial wastewater may be treated in several ways.
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These methods include centralized wastewater collection and treatment systems such as
provided by the City through its sanitary sewer collection system and its Water Reclamation
Facility (WRF). Other systems recognized by Montana law as being adequate to treat
wastewater include on-site septic systems. Currently, there are locations within the City that
are served by septic systems; as such, like streets that are not built to current City standards,
the City recognizes septic systems can be an adequate, although not preferred, method to treat
wastewater.
While the City’s preference is for a property to connect to the City’s wastewater collection
and treatment system the City also recognizes the significant costs to property owners in doing
so; as a result, the City may consider existing on-site septic systems as adequate to serve the
needs of the property. Factors the City will consider in an Area Plan include, primarily,
whether property owners have indicated to the City their septic system is failing. The City
may consider other factors including the age of septic systems within an area proposed for
annexation but absent direct evidence a property’s septic is failing, the City may consider
existing on-site treatment systems as continuing to be adequate.
The City also recognizes that it must determine, in each Area Plan, whether sufficient capacity
exists in the City’s wastewater collection system and at its WRF to handle wastewater from
the properties proposed for annexation should those properties decide, after annexation, to
connect to the City’s system.
For the purposes of determining adequacy for annexation, if a property is located within 200
feet of an existing sanitary sewer main the City may consider existing on-site wastewater
treatment systems adequate regardless of other factors.
Solid Waste Collection
The City requires all property within the City to subscribe to solid waste collection services
either through the City’s Solid Waste Division or through a private entity. Subject to the
provisions of Chapter 32 of the Bozeman Municipal Code and Title 75 of the Montana Code
Annotated, these services will be available to all properties proposed for annexation.
Water
As with wastewater collection and treatment, Montana law recognizes water for domestic and
commercial uses may be provided through centralized systems or through individual on-site
wells. Currently, there are locations within the City that are served by wells; as such, like
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streets that are not built to current City standards, the City recognizes wells may be an
adequate source of potable water.
While the City’s preference is property connect to its centralized water system it also
recognizes the significant costs to property owners in doing so; as a result, the City may
consider existing on-site wells as adequate to serve the needs of the property. Factors the City
will consider in an Area Plan include, primarily, whether properties proposed for annexation
have physical and legal access to water and have indicated to the City the potable water system
is not able to be used. Absent direct evidence a property’s well is not able to be used, the City
may consider the existence of a well as adequate for the supply of potable water.
Some properties proposed for annexation may currently be served by a community water
supply system. Prior to annexation of these properties, the City will analyze whether such
existing water systems have significant deferred maintenance or any outstanding water quality
or other violations of law; if so, the City may determine such facilities are not adequate. If
such facilities are determined to be in compliance with existing State requirements, the City
may consider such facilities as adequate. In such a case, the City may annex such properties
allowing such centralized systems to continue to operate under its existing management and
oversight structure.
The City also recognizes that it must determine, in each Area Plan, whether sufficient capacity
exists in the City’s water treatment facilities to provide potable water to the properties
proposed for annexation should those properties decide, after annexation, to connect to the
City’s system. Finally, the City must also analyze whether the City’s water rights are sufficient
to ensure it has the legal authority to use the water that is physically available
Fire Protection
As noted above, at the time of annexation, the City must determine how to provide fire protection
services to areas proposed for annexation. The City will do so in the Area Plan. If property is
already developed at the time of annexation, the City may determine existing facilities are adequate
to provide service. As with other services, not all locations within the City have fire hydrants
installed to standards new development is required to meet. Factors the City must consider in
analyzing whether the City can provide adequate fire protection services include but are not limited
to: (i) the availability of mutual aid from another fire protection agency; (ii) the proximity of
existing hydrant systems with adequate flow and pressure; (iii) if known, the fire protection status
of buildings that may exist on the property proposed for annexation (e.g., sprinkler systems); (iv)
response times; and (v) physical access. Notwithstanding the above, the City may consider existing
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facilities adequate for fire protection even if the nearest fire hydrant is further from a property than
existing city development standards require.
Law Enforcement
Currently, the City considers its law enforcement services sufficient to serve most property
proposed for annexation. The City recognizes that with significant growth in calls for service from
newly annexed areas the City may need to increase its capacity to handle increased calls for service
through additional officers and additional capital investments to support the work of the officers.
In each Area Plan, the City must analyze at the time of annexation, whether law enforcement
services are adequate to meet the demands of the properties proposed for annexation and, if not,
the additional resources the City must develop at the time of or prior to annexation to adequately
respond to increased calls for service.
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POLICIES FOR CITY INITIATED ANNEXATION OF LAND AND PLAN FOR THE
EXTENSION OF SERVICES
The policies in this section apply to City initiated annexations including annexation of property
wholly surrounded by the City. The City may adopt additional policies, amend these policies, or
replace them in their entirety as the City considers the annexation of specific areas. In doing so,
the City will adopt an Area Plan as an addenda to this Plan. This Plan contains general policies
and plans for how the City will extend services and facilities to areas proposed for annexation and
how the costs and expenses of extending such services and facilities will be borne by property
owners, the City, all property owners and residents in the City, or a combination of the above.
Again, area plans, in the form of addenda to this Plan, will contain supplemental provisions for the
extension of services to the specific area proposed to be annexed.
1. Public Involvement in City Initiated Annexations. After the City Commission directs the
City Manager to investigate the feasibility of annexing a certain area, and prior to the
initiation of formal annexation proceedings, the City Manager must establish a community
engagement plan including residents and owners of areas impacted by the proposed
annexation. As part of the plan for engagement, the City Manager must, prior to submission
to the City Commission of a resolution of intent to annex a parcel or group of parcels:
a. Establish a project page on the City’s website with all pertinent information
regarding the proposed annexation.
b. Mail to all property owners as shown in the records of the Gallatin County Clerk
and Recorder and to all physical addresses within the area proposed for annexation
a notice of engagement opportunities to discuss the proposal. The City Manager
must conduct engagement at least one month prior to submitting a proposed
resolution of intent to the City Commission.
c. As a part of the engagement opportunities staff must make available the draft Area
Plan with the contents required in this Plan, provide estimates of the general tax
and assessment charges applicable to the properties upon annexation, and provide
documentation which describes the services and facilities the City will extend and
which facilities and services the City Manager proposes to determine adequate to
remain until connection or development of the property.
d. If the City proposes to annex property and require the construction of infrastructure
at the time of annexation, the City’s area plan must identify the nature and extent
of the infrastructure proposed to be constructed, the anticipated costs to property
owners and to the City, and the method of financing the infrastructure.
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e. Provide the owners and residents a description of the procedures to be used for
annexation, the opportunities for the public to be involved in the process, and the
estimated timeline for the annexation process.
2. Public Engagement as Protest Not Available. As protest of annexation is not available to
property wholly surrounded by the City (see 7-2-4502, MCA), the City will seek the active
participation and engagement of all property owners and residents in an area wholly
surrounded by the City that is proposed for annexation. If the City proposes in an Area Plan
to install capital improvements at the time of annexation, the City must, in the Area Plan,
provide for a methodology for the property owners to vote on the capital improvements
pursuant to 7-2-4733, MCA.
3. Existing Roads, Wells, and Septic Services. As a general policy, the City will allow existing
services such as existing roads, stormwater, domestic and irrigation water supply, and
sanitary sewer such as on-site septic, to remain servicing the property unless such facilities
or services are deemed inadequate by the City. To assist in its determination, the City may
consult with the Gallatin City-County Health Department or the Montana Department of
Environmental Quality.
4. City to Document Condition of Existing Facilities and Services. At the time of annexation,
the City must document existing facilities and services and describe the sewer and water
services, roads, and other facilities and services necessary to serve the inhabitants of the
annexed area. This includes analyzing existing City facility and service plans and
describing, if known, the planned location of parks and trails and City utilities. The City
must include this description in an area Plan addendum to this Plan containing the
components described below. The addendum for a certain area, once adopted, is a
supplement to this Plan.
5. Determination of Adequate Facilities and Services. At the time of annexation, based upon
the description of existing services and facilities, the City must determine whether the same
are adequate to provide service to the annexing land or whether the same must be improved
or developed. This analysis must examine the capacities of the City’s water treatment and
water reclamation facilities, sewer and water mains serving or that could serve the land,
whether police and fire protection can be provided, the condition of existing roads, and
stormwater facilities, the availability of solid waste, etc. The City may require new
facilities to serve the annexed property or the City may determine adequate capacity is
available in existing facilities to serve the land without requiring improvements or
extensions of facilities and thus allow the land to continue to use existing facilities. This
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determination will be made for each facility and service. Notwithstanding the above, if a
property is located within 200 feet of an existing City sanitary sewer main, the City may,
regardless of the condition of on-site wastewater treatment of such a property, consider the
provision of wastewater treatment facilities to the property to be adequate based on the
proximity of the wastewater main.
6.No Annexation Unless Adequate Facilities and Services Exist. The City will not annex land
unless there is at the time of annexation adequate water, sewer, fire, police, solid waste,
and streets to accommodate the existing demands from the land to be annexed. The City
may determine existing onsite water and wastewater treatment systems are adequate to
serve the property. As such, if the City initiates annexation it has determined adequate
water, sewer, fire, police, solid waste, streets can be made available or already exist to serve
the land to be annexed.
7.City Not to Establish New Funding Sources; Exception. Unless otherwise determined by
the City Commission, the City will not establish new or special funding sources to provide
facilities or services to property proposed for annexation. The City Commission may
determine to establish new or special funding sources.
8.City Discretion to Assist in Financing Extension of Services. In cases where a property
annexes to address wastewater or potable water supply issues, the property owner must pay
for the extension of the facilities necessary to serve the property. For all annexations, upon
the request of property owners, the City may assist in creating financing tools for the
property owner(s). In doing so, the City may agree to assist the property owner(s) by
financing the costs of improvements over years through financing tools such as special
improvement districts, special purpose districts, payback districts (late-comer agreements),
or location specific assessments.
9.Payback Districts/ Durston Road and West Babcock Street Improvement Annexation
Areas. The City has from time to time created “payback districts” which require properties
annexing into the City or connecting to certain infrastructure located within a payback
district to participate in the costs of prior investments for the extension of sewer, water, or
transportation infrastructure. These include payback districts established to pay the City
for the City’s investments or to pay a private party for a portion of the private party’s
oversizing of infrastructure. The City, recognizing the extension of services by private
parties may benefit others, may create a payback district requiring, upon certain conditions,
the later payment by properties connecting to sewer or water mains or roads, to the parties
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paying the costs of such extensions of services. The City may establish criteria and policies
for the creation of payback districts.
Specifically, pursuant to Resolution 4359, the City Commission created the Durston Road
Improvement Annexation Area and the West Babcock Street Improvement Annexation
Area. At the time of a City-initiated annexation, for properties located within the Durston
Road and West Babcock Annexation Areas because the City is the beneficiary of the
payback the City will not require property owners to pay the financial contribution required
by Section 5 of Resolution 4359 at the time of annexation. However, pursuant to Section 6
of Resolution 4359, upon further development of any property within the Durston Road
and West Babcock Street Annexation Areas, and only for such time prior to the expiration
of the payback as stated in Sections 9 and 10 of Resolution 4359, financial contribution
will be due at the time of further development.
For payback districts where a party other than the City paid for the initial capital investment
and the City consented to create a payback district and attempt to require as a condition of
future development latecomers within a payback district pay the original land developer,
the City will not require property owners to contribute financially to the payback at the
time of a City-initiated annexation but may do so upon further development of the property
or connection to services subject to the payback agreement.
If paybacks are required the City must address the methodology in the Area Plan.
10. City Not to Extend Sewer or Water Mains or Roads. Generally, unless otherwise noted in
an Area Plan, the City will not pay for the extension of sewer or water mains or roads for
the annexed area because the need for any such extensions will be initiated and driven by
private demand and therefore cannot be predicted by the City.
11. Private Demand Pays for New Facilities. Generally, unless otherwise noted in an Area
Plan, construction of any new water or sewer mains or roads will be paid for by the private
party desiring development or connection to existing sewer and/or water facilities or roads.
The City’s policy regarding the extension of water and sewer mains being driven by private
demand requires an owner of real property developing land to pay or guarantee payment
for part or all of the costs of extending capital facilities related to public health and safety,
including but not limited to public roads, sewer lines, water supply lines, and storm drains.
At the time of future development, facilities necessary to serve the property will be
evaluated with the corresponding development application pursuant to City requirements
including the City’s Unified Development Code.
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12. City to Assume Right of Way and Maintenance of Existing Roads. The City will assume all
maintenance responsibilities for public roads within an annexed area unless otherwise
requested by the property owners. Property owners associations who have historically
maintained roads prior to annexation may continue to maintain such roads; the City intends
to conduct its basic maintenance programs of snowplowing, grading, etc. to ensure such
roads are adequate for the intended uses. The Area Plan must set forth the scope of the
City’s maintenance including how weeds within the right-of-way will be controlled.
13. Prediction of Location of New Development. Although the City plans for the future location
of sewer and water mains, roads and other facilities, private parties seeking development
or connection to City services generally initiate and drive development or connection. As
such, the City cannot predict the specific timing or the exact location of new sewer and
water mains, roads and other facilities. Unless otherwise noted in an Area Plan, the City
does not intend to extend new sewer or water mains, roads, or other facilities into the areas
to be annexed until such time as the demand of private development requires such
extension.
14. City May Extend Facilities to Annexed Areas. Although the construction of new roads,
sewer and water mains, and other facilities are generally initiated by private demand, in
some cases the same may be initiated by the City. In cases where the City’s adopted
transportation plan calls for extensions of arterial and collector streets, or the City’s
Wastewater Collection Facilities Plan or Water Facilities Plan calls for construction of
sewer and water mains, the City may extend such infrastructure and, at the time of future
development but not at the time of annexation, require property owners within the annexed
area to pay a local share of such extensions. The City may establish payback or latecomer
districts or other financing methods to implement the above.
15. Consent to Annexation Required for Continued Sewer and Water Service in Areas Not Yet
Annexed. Except for instances where the City must connect a property to sewer and/or
water service pursuant to a regulatory requirement imposed upon the City or where the
City determines to connect a property for any reason, the City may, at any time, require a
property owner’s consent to annexation as a condition of continued sewer and/or water
service. When the City determines to require such consent from a particular property
owner, the City may notify the property owner, in writing, that the City seeks such consent,
and that if such consent is not given, the City will require that the property owner
discontinue receiving sewer and/or water service. If the property owner has not, within ten
(10) days, made firm written arrangements to discontinue sewer and water service, then the
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City shall be entitled to treat the property owner as having consented to annexation of the
property upon expiration of such 10-day period. If the property owner consents to
annexation (by failing to make arrangements to disconnect the service), then the City shall
be entitled to disregard any protest that such property owner makes to a proposed
annexation of his or her property.
16. City Services Available Upon Request. After annexation, parcels within annexed areas that
are not currently receiving City sewer/water may connect to City services at any time by
paying for the costs of connection to such services including any necessary extension of
sewer or water mains or other necessary infrastructure.
17. City Commission to Determine Zoning Designation. At the time of annexation, the City
will determine, based on an analysis of the City’s adopted growth policy, required legal
criteria, and public comment including comment from property owners within the annexed
area, the zoning that will be applicable to the annexed land. The City must follow a zone
map amendment process concurrent with the annexation process so that zoning is effective
simultaneously with annexation.
18. General Laws of City Applicable Upon Annexation. Upon annexation, all laws of the City
become immediately applicable to the annexed properties. This includes, but is not limited
to, laws related to the general health, safety, and general welfare as provided for in the
Bozeman Municipal Code and to development of real property. For example, this includes
laws related to land use development, animal control and licensing, building permits,
business licensing, weed control, noise, fireworks, discrimination in housing, employment,
and public accommodation, and solid waste collection, parking, etc.
19. No Fees for Annexation Procedure. The City will not require property owners to pay
application processing fees or noticing fees for annexations initiated by the City.
20. Impact Fees Applicable. Upon annexation, the payment of impact fees pursuant to Chapter
2, Article 6, Division 9 of the Bozeman Municipal Code are applicable when property is
developed or connected to City water or sewer systems. Generally, impact fees are not due
at annexation but may become due after annexation if a property owner seeks to connect
to city sewer or water services or seek to obtain development approval including a permit
that will result in construction that will generate increased demand for services.
21. Fire Protection Services. If fire protection services in the area to be annexed have been
provided by a fire district organized under Title 7, chapter 33, part 21, MCA, the Area Plan
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must include provisions for coordinating the transfer of fire protection services to the City
and compensating the district, if necessary, for equipment and district expenses or describe
the municipality's plans to annex to the rural fire district pursuant to 7-33-4115, MCA.
22. City Not to Require Additional Right-of-Way. As required by law, the City will annex all
existing public right-of-way within or adjacent to a City initiated annexation. For City-
initiated annexations, the City cannot require a landowner to provide additional right-of-
way for municipal, public, or private utilities. If additional right-of-way is required to
connect a property to City water or sewer services the property owner may be required to
dedicate such right-of-way to the City in consideration of the City providing connection to
the sewer or water service. Notwithstanding the above, in other situations, the City may
request or negotiate with a landowner for the dedication of such rights-of-way. Nothing
herein may be deemed a waiver of the City’s power of eminent domain. Any existing
County right-of-way or easements will become City right-of-way or easements upon
annexation.
23. Policies in Place at the Time of Future Development Control. Future development of
annexed lands after annexation must comply with the City’s regulations and policies in
effect for development of real property and the extension of services at the time of the
future development.
24. City to Provide Notice to Affected Governmental Agencies. Prior to initiating formal
annexation proceedings, the City will provide notice of proposed annexations to Gallatin
County and to any fire district or fire service area providing service to the land proposed
for annexation.
25. Benefit of City Services Available Upon Annexation. Upon annexation, the benefits
available to residents of the City take effect for newly annexed residents and businesses.
This includes eligibility to vote in City elections, access to recreation facilities at resident
rates, access to City solid waste and recycling collections, access to City police and fire
protection, etc.
26. City to Prepare Maps. Prior to initiating annexation, the City must prepare maps of the
area(s) proposed to be annexed and make the same available for public viewing.
27. Improvements by Special Improvement District (SID) at Request of Affected Property
Owners. If property owners making up greater than 50% of a potential Special
Improvement District (SID) approach the City to construct new public infrastructure using
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a SID, the City will schedule the proposed improvements as allowed relative to other
projects in the City’s infrastructure capital improvements plan. Along with their request,
property owners must submit waivers of right to protest a SID for the proposed
improvements sufficient to meet the protest threshold for a SID.
28. All Property Shares in Taxation for Costs of City Services. All property within the City
shares in the tax burden for services funded through property taxes. Except for tax-exempt
property, all property within the City is subject to City imposed property taxes, which are
used to pay for general city facilities and services such as police and other criminal justice
functions, fire protection, parks and recreation, and general governmental services such as
library and business licensing. When property is annexed, it becomes subject to taxation in
the same manner as all other city properties and correspondingly shares in the costs of such
services and the benefits of such services.
29. All Property Shares in Assessments for Costs of City Services. All property within the City
shares in the assessment burden for services funded through assessments. Generally, all
property within the City is subject to certain assessments such as for arterial and collector
streets, street maintenance, tree maintenance, etc. Upon annexation, the property is subject
to City assessments in the same manner as other city property and correspondingly shares
in the costs of such services and, in return, shares in the benefits of the service.
30. Users of Utilities Pay for Services. Properties within the City connected to City sewer and
water facilities and using City solid waste collection pay for the operations of such facilities
and services pursuant to City adopted utility rates and impact fees.
31. Redevelopment or Connection to Services Requires Payment for Services. Where annexing
property does not directly connect to city sewer or water and the properties continue to use
on-site septic and/or wells, such property owners will not pay rates associated with use of
the City’s sewer and/or water facilities. However, upon redevelopment or connection to
the City’s utilities, property owners must pay impact fees (as applicable) and begin to pay
for the operational and capital costs of the services in the same manner as all other
properties in the City through the payment of water and sewer rates.
32. Area Plan as Addendum to Address Whether Extensions Are Necessary and Method of
Paying Costs. At the time of a City-initiated annexation, the City must adopt an Area Plan
as an addendum to this Plan describing whether roads, sewer, or water must be extended
or improved and if extensions or improvements are necessary to serve the annexed
property, the manner in which such extensions or improvements will be paid for. The
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addendum must indicate whether the costs of the extension of or improvements to facilities
will be borne solely by the property owner(s) and to what extent, if any, the City will
contribute to the costs of the extensions. The City may determine extensions are necessary
and that the City will not participate financially in the extensions. The City may, however,
agree to participate financially using generally applicable funds, may create financing
systems for the property owners, or a combination of any financing methods available.
33. Contents of Area Plan as an Addendum to this Plan. Prior to initiating formal annexation
procedures, the City must prepare an Area Plan as an addendum to this Plan, which will
supplement this Plan if adopted, and make the area plan available to the public. An Area
Plan must include, at a minimum:
a. Map of the boundaries of the area proposed for annexation and which shows
existing streets, major trunk water mains, sewer interceptors and outfalls, and other
utility lines and the proposed extension of the same, if any.
b. A description of the existing services to the area including how properties are
currently served for police and fire protection, solid waste collection, domestic
water supply, wastewater treatment, etc. If the County, a special district, or
improvement district currently provides services, the specific steps for the orderly
transfer of those services, developed in consultation with the entity providing the
services.
c. A plan for the future extension of facilities and services to the area. If the extension
of or improvements to public infrastructure is not required, the Area Plan must
address how other City services will be provided to the annexed property.
d. A timetable for the extension of infrastructure if the City determines the extension
of infrastructure is necessary to provide adequate service to the area at the time of
annexation. The City may indicate extensions of infrastructure or capital
improvements are not necessary or not anticipated.
e. Whether the City anticipates requiring improvements to existing infrastructure at
the time of annexation to serve the property being annexed and if so, whether the
City intends to participate financially in the costs of design and construction of such
public infrastructure. If the City determines to not participate in the costs, whether
the City will make available financing for the property owners through a special
improvement or other financing district.
f. A statement whether landowners within the area proposed for annexation have
formally requested the creation of a special improvement or purpose district to fund
the extension of sewer or water mains, streets, or stormwater infrastructure or make
improvements to roads or other facilities.
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g. A statement regarding the capacity of the City’s water treatment and water
reclamation facilities to provide service to the area at the existing density if the area
is to be connected to those systems at the time of annexation. If the area to be
annexed has the potential for redevelopment, the Area Plan must address the
manner in which the city will require future development to participate in funding
improvements to the City’s water treatment and distribution system and its
wastewater collection and treatment facilities.
h. A statement regarding the ability of the City’s police and fire departments to
provide adequate service to the area.
i. A statement regarding how the collection of solid waste will occur.
j. A statement regarding whether the City’s current water rights are adequate to
provide water to serve the properties should the properties be connected to the city’s
potable water treatment and distribution systems. This statement may recognize the
City’s ongoing efforts related to water conservation and acquiring new water rights
and securing existing rights.
k. The conclusion of the City whether the area proposed for annexation meets the
requirements of Sections 7-2-4734 and 7-2-4735, MCA.
34. Affordable Housing at the Time of Annexation. The City’s affordable housing plans and
policies will be considered in making annexation decisions and the City’s affordable
housing program, including its financial tools such as grants, are available to all city
property including newly annexed property.
#### END OF PLAN AND REPORT ####
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