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MONTANA | WASHINGTON | IDAHO | NORTH DAKOTA | PENNSYLVANIA
406.586.0277
tdhengineering.com
234 East Babcock Street
Suite 3
Bozeman, MT 59715
03/09/2022
City of Bozeman
Attn: Diane Tolhurst
20 East Olive Street #202
Bozeman, MT 59715
RE: EASTLAKE SUBDIVISION – FINAL PLAT CITY OF BOZEMAN PROJECT NO. 21017
Dear Diane,
We are submitting final plat documents in conjunction with a concurrent construction plan
request for the Eastlake Professional Subdivision. The Subdivision review fee for final plat
of the 4 lot development amounts to $2,337. We will remit payment following acceptance of
submittal materials. Please see responses below that address final plat requirements and
recommended conditions of approval.
Section 1 - Required Final Plat Documents
1. A letter from the City Engineer certifying:
a. As-Built drawings have been received;
Response: We are requesting concurrent construction for this project and as-
builts will be provided upon completion of financially secured improvements.
b. Approved and Executed concurrent construction plan or improvements
agreement;
Response: We are requesting concurrent construction for this project
concurrently with final plat submittal. An improvements agreement has been
included with the concurrent construction plan request.
c. Copy of the state highway access or encroachment permit will intersect with state
highway;
Response: This item is not applicable to the Eastlake project.
2. Noxious Weed MOU.
Response: A memorandum of understanding has been entered into by the Weed Control
District and the Developer. A copy of the signed document is included in the final plat
submittal documents.
3. Final Park Plan
Response: This item is not applicable to the Eastlake project.
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4. Irrigation System As-Builts
Response: We are requesting concurrent construction for this project and as-builts will
be provided upon completion of financially secured improvements.
5. Affordable Housing
a. Response: This item is not applicable to the Eastlake project.
6. Conditions of Approval
Response: Conditions of approval that are applicable to the project are included
in the final plat. Easements have been drafted and delivered to the City. Recorded
document numbers will be added to the plat upon final plat approval.
7. Documents that must Accompany Final Plat
a. Subdivision Guarantee
Response: A Subdivision guarantee has been granted by First American Title
Company (No. 5010500-952052-BZ). The guarantee is included in the submittal
documents.
b. Subdivision Covenants or deed restrictions
Response: Drafted covenants have been prepared for the Subdivision and will be
finalized in conjunction with completion of the improvement’s agreement. Drafted
covenants are included in the submittal documents.
c. Financial Security
Response: An improvements agreement for 150 percent of the cost of public
improvements has been prepared for review and approval and is included in the
concurrent construction plan documents. The security will be obtained upon
approval of the plan.
d. Copies of Final Plans
Response: Infrastructure plan approval has been obtained from the city of
Bozeman. The approval letter is included in the appendix of the concurrent
construction plan. Final approved plans will be provided upon completion of
financially secured improvements.
e. Copies of Access/Encroachment Permits (Federal Highways)
Response: There are no federal highways adjacent to this project.
f. Subdivision Guarantee for off-site lands
Response: This item is not applicable to the Eastlake project.
g. Real estate transfer certificates
Response: This item is not applicable to the Eastlake project.
h. Water Rights transfer documents
Response: This item is not applicable to the Eastlake project.
i. Any other documents to satisfy Subdivision Application approval.
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Response: Additional items are provided Under Section 2 to address preliminary
plat conditions of Approval. Items that are inherent to the final plat document are
not included in section 2. Likewise, items that pertain to city design standards (i.e.
Street Improvements, Access Requirements, etc.) have been addressed in the
approved plans and are excluded from section 2.
8. Professional Certification of Non-Public Improvements
Response: We are requesting concurrent construction for this project and
professional certification stating that all non-public improvements were provided
in accordance with approved plans and specifications will be provided upon
inspection and completion of financially secured improvements.
Section 2 – Preliminary Plat 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.
Response: Applicant acknowledges requirement to meet local and state codes.
2. The existing 10 foot utility easement must be released prior to final plat and cannot be
shown on the final plat.
Response: Applicant acknowledges requirement to release and reconvey the area
devoted for the 10’ utility easement. A signed document has been delivered to the City
engineer for review and approval. The draft form is included in the submittal documents.
3. If not already filed for the subject site, 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)
Response: Draft SID waiver forms are included in the submittal. The applicant will
execute waivers following concurrent construction plan approval.
4. The proposed project falls within the Bozeman Solvent Site boundary. The property is
underlain by an aquifer contaminated with perchloroethylene (PCE). No irrigation wells
may be installed on this property and any excavation and dewatering will required
additional construction oversite. Please contact the Montana Department of
Environmental Quality for additional information on construction requirements within the
solvent site.
Response: The applicant has already coordinated the work with the Montana DEQ, and
a groundwater discharge permit (MTG071090) has been issued for the project.
Applicable permits are included in the submittal documents.
5. All public easements must be recorded on the City’s standard template.
Response: Easement documents have been prepared using the City’s standard
templates. The documents have been signed by the owner and hardcopies have been
delivered to the City engineer for review and approval. Draft easement documents are
included in the submittal documents for reference.
6. The project is reliant upon completion of offsite water and sewer infrastructure associated
with the Billings Clinic Project.
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Response: The city completed a site visit to inspect adjacent infrastructure completed
under the Billings Clinic Project on January 12th 2022. The city engineer can verify this
condition has been met.
7. Mail Delivery.
Response: An offsite location has been designated for mail delivery within the
subdivision as shown on the approved MSP.
8. Administration of Regulations.
Response: All applicable permits have been obtained for the project. Copies of agency
approvals are included in the submittal documents.
9. The property owner must enter into an improvements agreement to ensure the installation
of required infrastructure and other applicable improvements, to be secured by any
security for securities found in section 38.270.080.
Response: An improvements agreement for 150 percent of the cost of public
improvements has been prepared for review and approval and is included in the
concurrent construction plan documents. The security will be obtained upon approval of
the plan.
10. Approval of final engineering design, including location and grade, for any public
infrastructure must be obtained from the Montana Department of Environmental Quality
prior to issuance of any building permit for the development.
Response: As-built drawings will be submitted to the MTDEQ upon inspection and
completion of financially secured improvements to obtain agency approval.
11. The developer must provide and maintain hazard and commercial general liability
insurance.
Response: The developers insurance certificates are included in the submittal
documents.
Please contact me with any questions you may have regarding final plat submittal
alex.edwards@tdhengineering.com.
Sincerely,
____________________
Alex Edwards, PE
Civil Engineer
TD&H ENGINEERING