HomeMy WebLinkAbout011 Appendix E - Concurrent Construction DRAFT
April 25, 2022
City of Bozeman
121 North Rouse Avenue
Bozeman, Montana 59715
Subject: Concurrent Construction – West Park Neighborhood
To Whom It May Concern,
In accordance with UDC Sections 38.270.030.D, please accept this document as a plan for concurrent
construction of site and building improvements, including sewer, water, and streets, for West Park
Neighborhood The applicant is requesting that building permit issuance may be allowed prior to the
completion of the required infrastructure as outlined herein.
The current site owners will develop the site in its entirety to create a diverse neighborhood. The
Concurrent Construction Plan is outlined below:
1. The city will have an opportunity to review and approve future proposed development
through a site plan review or planned unit development;
a. The city will have an opportunity to review and approve future site development via Site
Plans.
2. 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 or
securities found in section 38.270.080. If a financial security is used, the amount will be
determined by the city and in an amount not less than 150 percent of the cost of the
improvements verified against city publicly bid unit prices, where such are available. If no
publicly bid unit prices are available, any cost estimate acceptable to the city may be used.
The security must be in the name of the city and must be at least six months longer than the
time of performance required by the improvements agreement;
a. The developer will enter into an improvements agreement to ensure the installation of
required infrastructure and other applicable improvements, to be secured by a financial
guarantee in an amount to be determined by the city, with said guarantee to be in the
name of the city.
3. Improvements must be complete within two years of the date of the improvements
agreement;
a. The applicant acknowledges that improvements will be required to be complete within
town years of the improvements agreement.
4. Approval of the final engineering design, including location and grade, for any public
infrastructure must be obtained from the engineering department, and the Montana
Department of Environmental Quality when applicable, prior to issuance of any building
permit for the development;
a. The applicant acknowledges approval of the final engineering design, including location
and grade, for any public infrastructure must be obtained from the engineering
department, and the Montana Department of Environmental Quality when applicable,
will be required prior to issuance of any building permit for the development.
5. Building permits may be issued incrementally, dependent upon the status of installation of
the infrastructure improvements. All building construction within the development must
cease until required phases of infrastructure improvements as described in the improvements
agreement have been completed, and inspected and accepted by the city;
a. The developer understands that building permits may be issued incrementally,
dependent upon the status of installation of the infrastructure improvements. The
developer further acknowledges that all building construction within the development
must cease until required phases of infrastructure improvements have been completed,
and inspected and accepted by the city.
6. The developer must provide and maintain hazard and commercial general liability insurance.
Insurance policies must not be cancelled without at least 45 days prior notice to the city. The
commercial general liability policy must name the city as an additional insured. The developer
must furnish evidence, satisfactory to the city, of all such policies and the effective dates
thereof.
a. The developer will provide and maintain hazard and commercial general liability
insurance. The developer acknowledges that such insurance policies must not be
cancelled without at least 45 days prior notice to the city. The commercial general
liability policy will name the city as an additional insured.
7. The developer must recognize, acknowledge and assume the increased risk of loss because
certain public services do not exist at the site;
a. The developer recognizes, acknowledges, and assumes the increased risk of loss
because certain public services do not exist at the site.
8. If public funds or other third-party funding will be used to fund all or part of the installation of
infrastructure, the improvements agreement between the developer and the city must
identify the type or types of predetermined infrastructure funding. Public or third-party
funding may include, but is not limited to reimbursement, payment up front, creation of a
special improvements district, or grants;
a. Should public funds or other third-party funding be used to fund all or part of the
installation of infrastructure, the developer acknowledges that the improvements
agreement between the developer and the city must identify the type or types of
predetermined infrastructure funding.
9. No occupancy of any structures or commencement of any use constructed or proposed within
the boundaries of the development will be allowed until required infrastructure
improvements have been completed, inspected, and accepted by the city, and a certificate of
occupancy has been issued.
No occupancy of structures or commencement of any use is allowed when such action would
constitute a safety hazard in the opinion of the city;
a. The developer acknowledges that no occupancy of any structures constructed or
proposed within the boundaries of the development will be allowed until required
infrastructure improvements have been completed, inspected, and accepted by the city,
and a certificate of occupancy has been issued.
Further, the developer understands no occupancy of structures must occur when such
action would constitute a safety hazard in the opinion of the city.
10. The developer must enter into an agreement with the city to address the provision of any
services on an interim basis during construction, if deemed appropriate;
a. If necessary, the developer will enter into an agreement with the city to address the
provision of any services on an interim basis during construction.
11. The developer must execute a hold harmless and indemnification agreement indemnifying,
defending and holding harmless the city, its employees, agents and assigns from and against
any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or
arising out of the issuance of a building permit under this section;
a. The developer will execute a hold harmless and indemnification agreement
indemnifying, defending and holding harmless the city, its employees, agents and
assigns from and against any and all liabilities, loss, claims, causes of action, judgments
and damages resulting from or arising out of the issuance of a building permit under this
section. A draft of this agreement has been included in this application.
12. The developer must pay for any extraordinary costs associated with the project which the city
may identify, including, but not limited to, additional staff hours to oversee the planning,
engineering and construction of the project and infrastructure improvements, inspection of
the infrastructure improvements and any extraordinary administrative costs;
a. The developer will pay for any extraordinary costs associated with the project which the
city may identify, including, but not limited to, additional staff hours to oversee the
planning, engineering and construction of the project and infrastructure improvements,
inspection of the infrastructure improvements and any extraordinary administrative
cost.
13. The development must be under the control of a single developer and all work must be under
the supervision of a single general contractor. The developer and general contractor must
agree that there must be no third-party builders until required infrastructure improvements
have been completed, and inspected and accepted by the city; and
a. The development will be under the control of a single ownership group and all work will
be under the supervision of a single general contractor. The developer and general
contractor agree that there will be no third-party builders until required infrastructure
improvements have been completed, inspected, and accepted by the city.
14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing
all requirements of this section, must be submitted for review and approval of the community
development director in consultation with the city engineer and with a recommendation from
the development review committee.
a. This item is understood. A draft concurrent construction plan was submitted with this
application. a final version will be prepared following the preliminary plat approval.
Thank you for considering this concurrent construction request for the West Park Neighborhood
Project.
Sincerely,
Tyler Steinway, AICP Candidate
Urban Planner