HomeMy WebLinkAboutAdministrative Order 2023-05 Planned Development Zone Procedures SO
ADMINISTRATIVE ORDER 2023-05
PLANNED DEVELOPMENT ZONE PROCEDURES
WHEREAS, The City Commission adopted Ordinance 2104, receiving final adoption on
September 27, 2022, established the Planned Development Zone process through application
22133; and
WHEREAS, Ordinance 2104 includes eligibility requirements, requirement for provision of
public benefit in exchange for the flexibility provided by a Planned Development Zone, and
criteria for approval; and
WHEREAS, Ordinance 2104, codified as section 38.340.130, authorizes the City Manager
to adopt administrative procedures to implement Planned Development Zone review including
standards for evaluation of the public benefits required of a Planned Development Zone.
NOW,THEREFORE,The attached administrative manual containing methods and tools for
evaluating public benefits offered by an applicant for a Planned Development Zone is adopted
and shall remain in force until amended or repealed by administrative order of the City Manager.
Dated this l day of A71-(J/-, 2023
)tihelich, Bozeman City Manager
CITY OF BOZEMAN, MONTANA
Page 1 of 1
Planned Development Zone Administrative
Procedures Manual
Last Revised Date: August 10, 2023
Table of Contents
GeneralInformation......................................................................................................................................2
I. Purpose..............................................................................................................................................2
II. Authority...........................................................................................................................................3
III. Application Process.......................................................................................................................3
IV. Submittal Materials.......................................................................................................................3
V. General Standards for Qualifications................................................................................................3
Affordable Housing Planned Development Zone..........................................................................................4
I. Purpose..............................................................................................................................................4
II. Definitions.........................................................................................................................................4
III. Application Process.......................................................................................................................4
IV. Affordable Housing PDZ Submittal Materials................................................................................5
V. General Standards for Qualifications................................................................................................6
VI. Special Standards for Qualification...............................................................................................6
Historic Structures/Site Planned Development Zone ...................................................................................8
I. Purpose..............................................................................................................................................8
II. Definitions.........................................................................................................................................8
III. Application Process.......................................................................................................................9
IV. Submittal Materials.......................................................................................................................9
V. General Standards for Qualifications..............................................................................................10
VI. Special Standards for Qualification.........................................................................I...................11
Transfer of Development........................................................................................................................11
AdaptiveReuse........................................................................................................................................11
Large Development, Combined Benefit, and Novel Public Benefit Options Planned Development Zone.11
I. Special Standards for Qualification.................................................................................................11
II. Definitions.......................................................................................................................................12
III. Requirements..............................................................................................................................12
LargeDevelopment.............................................................................................................................12
CombinedBenefits..............................................................................................................................13
NovelPublic Benefits...........................................................................................................................13
Sustainable/Resilient Design PDZ-Water ..................................................................................................14
I. Purpose............................................................................................................................................14
II. Definitions.......................................................................................................................................14
III. Application Process..........................................................................................................................15
IV. Submittal Materials .....................................................................................................................15
V. Water Consumption Sustainable/Resilient Design Projects ...........................................................15
Outdoor Water Use Efficiency: Weather Based or Soil Moisture Based Irrigation Controller,
Rain/Freeze Sensor, Pressure Regulated Spray Sprinkler Bodies, and Multi-stream, Multi-trajectory
Nozzles.................................................................................................................................................17
Outdoor Water Use Efficiency: Subsurface Drip Irrigation for Turf and Seeded Grass Areas..............17
Outdoor Water Use Efficiency: Drought Tolerant Landscaping...........................................................17
Sustainable/Resilient Design -Average Daily Motor Vehicle Trip Generation ...........................................18
I. Strategies.........................................................................................................................................18
ll. Strategies and Submittals................................................................................................................18
Sustainable/Resilient Design Projects- Non-Renewable Energy Use.........................................................21
I. Purpose............................................................................................................................................21
II. Definitions.......................................................................................................................................21
III. Application Process.....................................................................................................................22
IV. Non-Renewable Energy Sustainable/Resilient Design Projects..................................................22
Energy Efficiency and Renewable Energy Standard: Commercial Buildings.......................................22
Commercial Building Submittal Materials...........................................................................................23
Energy Efficiency and Renewable Energy Standard: Residential Buildings.........................................25
Residential Building Submittal Materials............................................................................................25
Sustainable/Resilient Design Projects-Combined Water Consumption, Energy Use, and Motor Vehicle
TripGeneration...........................................................................................................................................27
General Information
I. Purpose
This Manual provides guidance to staff and the public in the administration of Division 38.430, Planned
Development Zone (PDZ), Bozeman Municipal Code (BMC).
This Manual sets forth the standards and criteria that must be met, as well as information that must be
provided,for a development to be reviewed under the Affordable Housing, Historic Structure, Large
Development, Combined Benefit, Novel Public Benefit, and Sustainable/Resilient options to establish a
PDZ.The standards and criteria established in this Manual ensure that approved exemption and
relaxation requests meet the intent of Ordinance 2104.
This Manual is adopted by administrative order of the City Manager. The standards of this Manual must
be reviewed no less than every five years.
II. Authority
Sec. 38.200.010, BMC recognizes that the City Commission has authority to review and require revisions
to all planned development zones. Sec. 38.430.130 authorizes the City Manager to establish
administrative procedures to implement planned development zones.This manual has been adopted by
Administrative Order by the City Manager.
III. Application Process
A PDZ zoning application must be submitted and reviewed under Sec. 38.260, BMC and Sec. 38.430.080,
BMC. It is prudent to consult with City staff on the intended public benefits prior to beginning the review
process. City staff will review applications to determine whether the required standards are adequate to
move to formal review by the City Commission.
The adoption of a PDZ is a legislative action.Therefore,the burden of demonstrating sufficient public
benefit and conformance with all applicable standards and procedures is the responsibility of the
applicant.
IV. Submittal Materials
Submittal of application materials follows standard municipal practice available at
https://www.bozeman.net/services/development-center.
A completed PDZ application is outlined in Sec. 38.220.120, BMC.Staff may require an applicant to
submit additional information in support of their application.
Application materials must specifically identify the proposed public benefit(s), demonstrate possession
of or ability to obtain required approvals to carry through the proposed public benefits, must clearly
demonstrate compliance with the criteria for approval in 38.430.090,and clearly identify all requested
changes from the chosen base zoning districts.
V. General Standards for Qualifications
38.430.040 establishes general requirements for any site to be considered as a PDZ. As a PDZ is a
legislative enactment the City Commission is the final decision maker on whether the applicant has
provided adequate information to demonstrate compliance with the requirements necessary for
approval. A decision to deny is a determination that the applicant has not met the requirements.
Affordable Housing Planned Development Zone
I. Purpose
The procedures contained in this section provide guidance to staff and the public in the administration
of Sec. 38.430.050.6, Bozeman Municipal Code (BMC), Affordable Housing Planned Development Zone
(hereinafter known as the "Affordable Housing PDZ").
The City of Bozeman has established Planned Development Zones (PDZ) as independent zoning districts,
providing flexibility for individual projects without jeopardizing predictability and uniformity to other
zoning districts.The PDZ provides a proper balance of interests, rights, and responsibilities.The public
benefits provide a superior outcome for the public health, safety, and welfare compared to prior
alternatives for a planned unit development to demonstrate public benefit.The flexibility offered with
the PDZ is proportionate to the public benefits required.
In addition, the purposed of this division is to offer incentives tailored to the levels of housing
affordability in new development and redevelopment, with greater incentives being offered to those
producing or preserving housing affordable to households earning lower percentages of the Bozeman
Area Median Income (AMI).
The Affordable Housing PDZ alleviates the reduction in the land supply available to accommodate future
affordable housing development that would result if most or all the available residential land is used
solely for the benefit of households that are able to afford market-rate housing.
II. Definitions
"Area Median Income (AMI)" is a term that generally refers to median incomes published annually for
counties or metropolitan areas by the U.S. Department of Housing and Urban Development(HUD).AMI
varies by household size. AMI is used to set income and rent limits for housing programs statutorily
linked to HUD income limits.
III. Application Process
A PDZ zoning application must be submitted and reviewed under Sec. 38.260, BMC and Sec. 38.430.080,
BMC. It is recommended that prior submittal of the pre-application review,the applicant meet with the
Community Housing Program Manager. City staff will review applications on a case-by-case basis when
determining whether the required standards are adequate to move to formal review by the City
Commission.
An eligible Affordable Housing PDZ may request an adjustment or waiver of any non-procedural
provision if that adjustment will contribute to achieving the preservation or production of housing at a
lower cost than would otherwise be possible under the reference base zoning district.
The City Commission has the authority to review and require revisions to all development proposals.The
purpose of this review is to: 1) prevent demonstrable adverse impacts of the development upon public
safety, health, or general welfare, or to provide for its mitigation; 2)to protect public investment in
roads, drainage facilities, sewage facilities, and water facilities; 3) to conserve the value of adjoining
buildings or property; and 4)to ensure that the applicable regulations of the City are upheld.
IV. Affordable Housing PDZ Submittal Materials
A completed PDZ application is outlined in Sec. 38.220.120, BMC. In addition, specific to the Affordable
Housing PDZ, the application must include the submittal requirements for certificate of appropriateness,
Sec. 38.220.090, BMC when located in a historic area and any alternative to design standards are
proposed.The application must also discuss how it advances the Bozeman Community Plan (2020).
To qualify for low-income affordable home incentives, developers must provide with their application an
Affordable Housing Plan that includes the information required by this manual.The review authority
may approve the Affordable Housing Plan if they find that it includes the information required for the
City to confirm compliance with the standards and criteria in the Affordable Housing PDZ.
Affordable Housing Plan Application must contain a detailed overview of the project in narrative format.
The narrative must include a response to each criterion and include supporting documentation to
include a description of the affordable housing elements of the project.The information required is as
follows:
1. The total number of affordable homes, and market-rate homes in the proposed development.
2. The table in 38.430.050 to be applied to the Affordable Housing Plan.
3. The number of bedrooms in each proposed low-income affordable home, and market rate home
in the development.
4. Whether each affordable home will be offered for rental of for sale.
5. The location of affordable lots or units in the development.
6. The applicable AMI and maximum rental or sales price applicable to each home.
7. A description of the requested incentives from section 38.430.050.
8. Any other information that is reasonably necessary to evaluate the compliance of the Affordable
Housing Plan with the requirements of the PDZ.
If the construction is phased the developer must provide the following information:
1. The required information may include specific commitments for the first phase of development
and estimates for later phases of development, provided the combination of committed and
estimated low-income affordable homes in the development equals or exceeds the minimum
required to qualify for the incentives requested.
2. As the number of low-income affordable homes for each later phase is finalized,the developer
must submit an update to the Affordable Housing Plan including or updating the information
required in this section.The review authority shall review and approve, approve with conditions,
or deny the update using the criteria in this section.
The development standards for the Affordable Homes are as follows:
1. The number of affordable homes must meet or exceed the minimum standards needed to
qualify for the applicable incentives in section 38.430.050.
2. The mix of bedrooms per unit of the market-rate homes in the development.
3. Access to shared amenities and services by residents of the affordable homes must be the same
as to those in the market-rate homes in the development.
4. If the development is to be constructed in phases, and the developer has requested affordable
housing incentives, at least 75 percent of the dwelling units in each phase must be affordable
homes, unless the City has received adequate legal or financial assurance that any shortfall
during earlier phases will be constructed before approval of the final phase of development.
An approved Affordable Housing Plan is a binding contract between the developer and the developer's
successors in interest to the lot or dwelling and must be included in a separate written agreement
between the developer and the City or incorporated into another recorded document in which the
developer is required to implement the Affordable Housing Plan.
Upon site plan approval, prior to building permit issuance, the applicant agrees to record an abstract or
summary thereof, and restrictive covenants which will run with the land and will continue in effect with
respect to the entire property notwithstanding any partition or division of the property.
If the applicant requests additional assistance (e.g., Low-Income Housing Tax Credits, Tax Increment
Financing, or subsidy from any other program or revolving loan fund)the City may require additional
covenants to contain the supplementary restrictions.
V. General Standards for Qualifications
Bozeman's Affordable Housing Program aims to provide safe, decent, and affordable housing to
individuals and families with low to moderate incomes. The program collaborates with local housing
organizations to address the community's housing needs.
This manual provides guidelines and information for the Affordable Housing Program in Bozeman,
Montana. It outlines eligibility criteria, the application process, housing options, rent and affordability.
The program sets income limits based on the area's median income. Applicants must meet the income
requirements to qualify for an Affordable Housing PDZ. The specific income limits are updated annually
and can be obtained from the Department of Housing and Urban Development.
The City of Bozeman has established PDZ as an independent zoning district, providing flexibility for
individual projects without jeopardizing predictability and uniformity to other zoning districts. The PDZ
ordinance provides a proper balance of interests, rights, and responsibilities.The public benefits provided
by the PDZ must provide a superior outcome for the public health, safety, and welfare compared to
alternatives using standards in code for a planned unit development to demonstrate public benefit. The
flexibility offered with the planned development zones is proportionate to the public benefits required.
The purpose of the Planned Development Zone district is to provide a general structure and plan for
specific properties to ensure flexibility and innovation that:
1. Create distinct neighborhoods with quality urban design and mutually supportive uses; and
2. Support implementation of community plans and goals, including but not limited to the City's
adopted growth policy; and
3. Provide community benefits through the creation of affordable housing, inclusion of
environmentally sustainable design features, and retention of historic structures; and
4. Protect and promote the health, safety, and general welfare of the community.
VI. Special Standards for Qualification
An application for rezoning to an Affordable Housing PDZ may only be accepted for review by the City if
the review authority determines that the application complies with the following general criterion along
with the Affordable Housing PDZ criteria. An Affordable Housing PDZ application must predominantly
include residential dwelling units and must propose:
1. That all parcels on which single household detached dwelling units will be constructed are
permitted to construct any accessory dwelling unit either within the primary building or in a
freestanding accessory building in compliance with the provisions; and
2. The following amounts and levels of affordability in table 38.430.050.
Each renter or purchaser of an affordable homes must meet the following standards for a period of at
least 30 years from initial occupancy of the home:
1. Must occupy the affordable home as their primary residence.
2. Must meet the definition of a Household in section 38.700.090.
3. Covenants running with the land to encumber the property for a minimum of 30 years.
4. Must comply with the income restrictions applicable to the type of home:
a. Income verification for rental units must be performed every two years, and income
verification for owner-occupied units must be performed at the time of purchase, based
on standards approved by the U.S. Department of Housing and Urban Development.
Verification must be performed by an independent third party approved by the City to
help determine eligible buyers/renters or otherwise ensure that the requirements of an
AH PDZ are being met.
b. If the project is subject to income restrictions different from those in section 38.430.050
as a condition of participation in a state or federal housing program or receipt of state
or federal financing assistance,the renter or purchaser must comply with those
alternative income restrictions, as verified by standards and methods used by the
applicable state or federal program.
5. Must not, if the affordable home is purchased, sell the home for a price higher than the original
sales price of the home plus a compounded increase of 2.5%for each year the purchaser owns
the home.
The developer must record in the offices of the Gallatin County Clerk and Recorder, simultaneously with
the recording of the deed of conveyance, a restrictive covenant, deed of trust of other legal instrument,
approved by the City Attorney,that obligates all owners or renters of the property to comply with the
provisions of the Affordable Housing PDZ.The covenants will run with the land to encumber the
property for a minimum of 30 years.
The developer may satisfy this requirement by contracting with a third party to monitor and enforce the
conditions in the PDZ through a written agreement approved by the City Attorney. The developer may
change the third-party contractor with written approval by the City.
Minimum Maximum Percentage of AMI Duration
Percentage Rental For-Sale
of Homes Dwellings Dwellings
(Includes
Condominiums)
Type of Housing
Single-Household =>10% 80%of AM 120%of AM =>30 Years
Detached Dwelling
Single-Household =>10% 80%of AM 120%of AM =>30 Years
Attached Dwelling
Multi-Household =>10% 80%of AM 120%of AM =>30 Years
Dwelling
Historic Structures/Site Planned Development Zone
I. Purpose
The procedures contained in this Manual provide guidance to staff and the public in the administration
of Sec. 38.430.050.13, Bozeman Municipal Code (BMC), Historic Structure/Site Planned Development
Zone (hereinafter known as the "Historic Structures/Site PDZ"). The intent of the Historic
Structures/Site PDZ is to encourage the preservation and restoration of historic structures and sites.
This Manual sets forth the standards and criteria that must be met, as well as information that must be
provided, for a development to be reviewed under the Historic Structures/Size PDZ.The standards and
criteria established in this Manual ensure that approved exemption and relaxation requests meet the
intent of Ordinance 2104.
II. Definitions
"Adaptive reuse" means the development of a new use for an older building or for a building originally
designed for a special or specific purpose.
"Contributing structure" means a building, structure, site, feature, or object within a local or National
Register Historic District that contributes to the documented historic character of the district.
"Conservation Easement" means a legal mechanism such as a covenant or restriction that protects
properties that have historic, architectural, or archaeological significance and can be used to preserve
the structure or site.
"Historic site" means the location of a significant event, a prehistoric or historic occupation or activity
where the location itself possesses significant historic, cultural or archaeological value.The value of a
site must be based on the ability of the site to meet the eligibility requirements for historical significance
as described by the National Register of Historic Places and as approved by the city.The most recent
National Register Criteria for Evaluation as published by the U.S. Department of the Interior, National
Park Service (NPS) are the basis for determining whether a property is eligible for historical significance
when a new or updated evaluation is prepared.
"Historic structure" means any building or structure that is, (1) listed in the State or National Register of
Historic Places; (2) designated as a historic property under local or state designation law or survey; (3)
certified as a contributing resource within a National Register listed or locally designated historic district;
or (4) eligible, as determined by the City of Bozeman,to be listed on the National or State Register of
Historic Places either individually or as a contributing building to an existing historic district.The most
recent National Register Criteria for Evaluation as published by the U.S. Department of the Interior,
National Park Service are the basis for determining whether a property is eligible for historical
significance when a new or updated evaluation is prepared.
"Landmark" means a site, structure or object designated as a "landmark" pursuant to the procedures
prescribed in division 38.340 of this chapter,that is worthy of preservation, restoration or rehabilitation
because of its historic land planning or architectural significance and officially recognized through listing
in the National Register of Historic Places. A landmark is subject to all neighborhood conservation
overlay district procedures and requirements.
"Non-contributing structure" means a building, structure, or site that does not contribute to the
character of the district.
"Secretary of Interior Standards" are the historic preservation principles classified by the National Park
Service that include four distinct approaches to the treatment of historic properties—preservation,
rehabilitation, restoration, and reconstruction.
III. Application Process
A PDZ zoning application must be submitted and reviewed under Sec. 38.260, BMC and Sec. 38.430.080,
BMC. It is recommended that prior to submittal of the pre-application review,the applicant meet with
the Historic Preservation Officer. City staff will review applications to determine whether the required
standards are adequate to move to formal review by the City Commission.
The State Historic Preservation Office (SHPO) may be consulted during the review of any National
Register nominations or inventory forms that are submitted. If deemed appropriate by city staff, the
Historic Preservation Advisory Board (HPAB) may be consulted, particularly if the application proposes
demolition or significant alteration to a site or buildings.
IV. Submittal Materials
A completed PDZ application is outlined in Sec. 38.220.120, BMC. In addition, specific to the Historic
Structure/Site PDZ,the application must include the submittal requirements for certificate of
appropriateness,Sec. 38.220.090, BMC, when located in a historic area.The application must also
discuss how it advances the Bozeman Community Plan (2020).
Any historic resource inventory form(s) affiliated with the structure or site less than five (5)years old
must be updated. The survey and inventory form must be conducted by a professional with the
requisite professional qualification standards for History,Archaeology or Architectural History, as
established by the National Park Service.The most current Architectural & Engineering Record Form or
Cultural Site Record Form from the Montana SHPO must be used.
The Historic Structure/Site PDZ submittal must also include a preservation plan.This plan must include
design guidelines that addresses preservation and redevelopment to help retain the historic character
of structure(s) or site and an operations and maintenance plan for the structure(s) and site.The plan
must identify those characteristics which create or contribute to the character of the structure or site as
well as which characteristics are proposed to be the distinguishing features of the proposed planned
development zone. Staff may require an applicant to submit additional information in support of their
application.
V. General Standards for Qualifications
The structure/site must qualify or be considered eligible as historic. See eligibility requirements of the
National Park Service (NPS) Secretary of Interior Standards under the National Register Criteria for
Evaluation. The structure or site must be older than 50 years old and maintain some level of historic
integrity.
The application must include a historic resource inventory form from the State Historic Preservation
Office (SHPO).The structure/site does not need to have final approval from the NPS, but preliminary
approval from the SHPO is required to submit the application.The structure/site must receive final
approval prior to the final adoption of the PDZ.
The City is working on a local landmark program that will have separate guidelines and standards for
qualification as a historic structure/site. If the structure/site does not qualify under the National Register
and the local landmark program has not been adopted yet,the applicant can work with the Historic
Preservation Officer to develop other acceptable options to satisfy the intent of the PDZ ordinance to
highlight and protect historic structures and sites. e.
Protection Measures
Placing a structure/site on the National Register does not provide assurance that it won't be neglected,
damaged, and threatened with demolition. In order to ensure the longevity of the historic resource, a
conservation/preservation easement must be recorded on the deed and filed with the City of Bozeman
and State Historic Preservation Office. Additional information on these easements can be found here.
Alternative protection measures may be appropriate on a case-by-case basis and can be proposed by
the applicant and evaluated by the Historic Preservation Officer.The ultimate goal of any protection
measure is to place restrictions on the development or changes to the property and "runs with the land"
thereby binding all future owners to protect and maintain the historic character of the property.
Demolition Standards
If the project proposes demolition of a structure on site that is older than 45 years old,the City will
consider the potential adverse impacts the demolition has to the historic significance of the site and any
diminution in historic value.The following are required with the application.
• Historic Resource Inventory—for buildings over 45 years old, a historic resource inventory is
required to determine eligibility.
• Photographs—current photographs and historic photographs, if available.
• Feasibility Study—this study must illustrate an economic and structural assessment
justifying the need for demolition for all properties contributing to the defined historic
characteristics documented in the Preservation Plan.
• Replacement design—the PDZ application must include conceptual drawings (i.e.
architectural plans) of any replacement building demonstrating continuity of historic
character consistent with the Preservation Plan.
• Salvage Plan—if the structure is considered historic and materials are planned to be
salvaged or incorporated into the new construction, a plan must be included detailing this.
VI. Special Standards for Qualification
Sites that contain historic structures often don't conform to current zoning standards or are
underutilized based on current development standards. In the interest of supporting historic
preservation and other community goals such as affordable housing and sustainability, a PDZ can
present an opportunity to make a building and site more compatible with current zoning standards
while preserving aspects of the historic resource.
Transfer of Development
The purpose of transfer of development is to allow additional density on other parts of the property to
direct new development away from historic sites or historic structures to protect them.There are two
options for transfer of development.
Option A: Transfer of Development Capacity
Transfer of Development Capacity is the ability to move the allowable density based on the identified
base zoning to another part of the subject property.
Option B: Transfer of Development Rights
Transfer of Development Rights can be used at a different location that is associated with the project or
property owner but is not on the same site as the historic site or historic structure.
Adaptive Reuse
Changing an existing building into a new use might not meet the underlying base zoning. An adaptive
reuse can expand uses allowed in the PDZ in order to achieve preserving the historic structure or site.
These structures might be considered non-conforming to zoning codes or do not meet current building
code regulations, however,the PDZ process allows the flexibility to maintain the structures while further
developing the site.An applicant can choose different criteria or standards to develop the site when
using the adaptive reuse provision.
Adaptive reuse projects may also qualify for tax incentive programs at the federal or state level. Reach
out to the Historic Preservation Officer for more details.
Large Development, Combined Benefit, and Novel Public Benefit
Options Planned Development Zone
I. Special Standards for Qualification
38.430.050 establishes specific requirements for the Large Development, Combined Benefits, and Novel
Public Benefits PDZ options. Additional explanation of qualifications follows.This section address three
of the public benefit alternatives established in 38.430.050,those being: D—Large Development; E—
Combined Benefits; and F—Novel Public Benefits.
The intent of:
Large Development is for sites greater than 10 acres and providing public benefits and amenities
over and above those which would be required for compliance with standards of law and
proportionate to the scope of flexibility sought through the PDZ process; and advances adopted
at least five community goals and objectives.
Combined Benefits provides a mechanism for a PDZ to provide a mix of public benefits drawing
from alternatives for affordable housing, sustainability, large development, or historic
preservation.
Novel Public Benefits provides the alternative for an applicant to propose public benefits
identified in community planning documents but not prioritized by the specific public benefit
options established in 38.430.The scope is wide to identify benefits but scrutiny of proposals is
high.
II. Definitions
"Public Infrastructure" means municipal facilities, or other public agency facilities individually authorized
with a PDZ, to support land use including transportation, water, sewer, stormwater, library, fire, police,
and parks.
"Public Amenities" means creation or enhancement of a natural or created feature that enhances its
function and aesthetic qualities, provides comfort to the user, and improves convenience and
enjoyment.
III. Requirements
Large Development
Large development must include a contiguous area of not less than 10 acres.
Large development requires the applicant to declare whether or not housing is to be included in the
proposed uses. If housing is included then the affordability requirements of 38.430.050.A apply. If the
applicant includes housing as an allowed use in the PDZ but does not specify location or quantity in
detail, the applicant must provide a detailed description of how compliance with housing requirements
will be satisfied and enforced in a legally sufficient manner moving forward through individual
development projects within the PDZ.
Large development requires the applicant to provide public infrastructure or public amenities above and
beyond those required for regulatory compliance. Demonstration of implementation must specifically
tie the identified infrastructure or amenity to identified discrete elements of the proposed PDZ, describe
the timing and actions necessary for implementation and how any necessary approvals or permits have
been or will be obtained, and identify those portions of the proposed discrete elements required for
compliance with minimum regulatory requirements and that portion which is over and above the
minimum. Conclusory statements without supporting evidence are not sufficient to meet this
requirement.
Examples of amenities include but are not limited to: enhancement of natural habitats or protection and
preservation of open spaces above such protections required under any law; public gathering and
performance spaces; community gardens. Amenity proposals must focus on the place making principles
of Access and Linkages, Comfort and Image, Uses and Activities, and Sociability. Public access and
provision for the on-going maintenance of a feature are key elements of a public amenity.
Large development requires the applicant to demonstrate implementation of at least five community
goals and objectives. Such goals and objectives may be drawn from any adopted and active facility plan,
growth policy, or similar document. Page 19 of the Bozeman Community Plan 2020 has a listing of
documents which may qualify as of the adoption of the plan. If any listed document is updated then the
most current version is what must be used. Demonstration of implementation must specifically tie the
identified goal or objective to identified discrete elements of the proposed PDZ, identify how the
discrete element implements the goal or objective, describe the timing and actions necessary for
implementation and how any necessary approvals or permits have been or will be obtained, and identify
those portions of the proposed discrete elements required for compliance with minimum regulatory
requirements and that portion which is over and above the minimum. Conclusory statements without
supporting evidence are not sufficient to meet this requirement.
Waivers or adjustments in standards must result in reduction in cost of housing creation or preservation
if housing is included in the PDZ.
Combined Benefits
The Combined Benefits blends portions of the affordable housing, historic preservation, sustainability,
and large development PDZ options. At least half of the requirements of affordable housing must be
provided and the remaining public benefit may be any mix or proportion of historic preservation,
sustainability, or large development. See the manuals for the proposed types of benefits for further
information on those requirements.
Novel Public Benefits
The City Commission has established as priority public benefits affordable housing, historic preservation,
sustainability and large developments in association with PDZ.The Novel Public Benefit PDZ option
allows the applicant to propose an alternative outside the four priority areas.
The applicant must draw from at least three of the City's adopted documents in assembling their
proposal.This requirement ensures that the chosen focus of the PDZ is materially beneficial to the
community and incorporates community priorities.The applicant may draw from any adopted and
active facility plan,growth policy, or similar document. Page 19 of the Bozeman Community Plan 2020
has a listing of documents which may qualify as of the adoption of the plan. If any listed document is
updated then the most current version is what must be used. Goals and objectives related to affordable
housing, historic preservation, sustainability and large developments are disqualified from use for a
Novel Public Benefits submittal. Demonstration of implementation of the identified goals and objectives
must:
• Specifically tie the identified goal or objective to identified discrete elements of the proposed
PDZ,
• Identify how the discrete element implements the goal or objective,
• Describe the timing and actions necessary for implementation and how any necessary approvals
or permits have been or will be obtained, and
• Identify those portions of the proposed discrete elements required for compliance with
minimum regulatory requirements and that portion which is over and above the minimum.
Conclusory statements without substantial supporting evidence are not sufficient to meet this
requirement.
The Novel Public Benefit is expected to see limited application and will require an extraordinary effort
from the applicant.The review process places heavy emphasis on the growth policy as the primary land
use related statement of policy for the City.
Sustainable/Resilient Design PDZ - Water
I. Purpose
The procedures contained in this Manual provide guidance to staff and the public in the administration
of Sec. 38.430.050.C, Bozeman Municipal Code (BMC), Sustainable/Resilient Design PDZ Requirements,
(hereinafter known as the "Requirements"). The intent of the Requirements is to encourage the
implementation of sustainable and resilient design practices into Planned Development Zoning projects
as they relate to water consumption, non-renewable energy use, and average daily motor vehicle trip
generation.
Sec. 38.430.050.C, BMC, recognizes that a reduction in water consumption, non-renewable energy use,
and average daily motor vehicle trip generation, and that a combination of reductions in water and
energy resource consumption and trip generation in new development projects could be utilized to
achieve long term city goals related to water conservation, sustainability, and transportation.
This Manual sets forth the standards and criteria that must be met, as well as information that must be
provided, for the City to approve a Sustainable/Resilient Design PDZ Application.The standards and
criteria established in this Manual ensure that approved Sustainable/Resilient Design PDZ Applications
meet the intent of Ordinance 2104.
II. Definitions
"Baseline water demand" means the calculated or estimated demand of a particular water use type or
end use prior to the implementation of water efficiency project(s).
"Drought tolerant grass seed mix" means a seed mix that is intended as an alternative to high water use
turfgrass, including but not limited to fescue blends that have a plant factor of 0.6 or less.
"Drought tolerant landscaping" means landscaping that has a plant factor of 0.3 or less.
"Industry best practice" means the exercise of that degree of skill, knowledge, diligence, prudence and
foresight which would reasonably and ordinarily be expected from a skilled and experienced landscape
and/or irrigation professional responsible for designing and installing water efficient landscapes and
irrigation systems.
"Irrigable area" means the total landscaped area that could receive water from an irrigation system.
"Low volume drip irrigation" means the application of irrigation water at low pressure through a system
of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers.
"Overhead spray irrigation" means irrigation systems that apply water to landscape by sprinklers or
spray nozzles through the air.
"Plant factor" means a factor that when multiplied by the reference evapotranspiration (ETo), estimates
the amount of water used by a given plant species.
"Subsurface drip irrigation" means a low-pressure, high efficiency irrigation system that uses buried drip
tubes, drip tape, or drip matting to meet plant water needs and reduce evaporation from the soil
surface while increasing irrigation distribution efficiency.
"Turf' means grass and the surface layer of earth held together by its roots, including but not limited to
cool season lawn grasses which have a plant factor of 0.8 or more.
"Water use efficiency project" means the installation of high efficiency indoor water-using fixtures,
appliances, products, and low water use landscaping and/or high efficiency irrigation products that each
result in an estimated indoor or outdoor water demand reduction of 25%.
III, Application Process
A PDZ zoning application must be submitted and reviewed under Sec. 38.260, BMC and Sec. 38.430.080,
BMC. It is recommended that prior submittal of the pre-application review,the applicant meet with the
Water Conservation Manager. City staff will review applications on a case-by-case basis when
determining whether the required standards are adequate to move to formal review by the City
Commission.
IV. Submittal Materials
A completed PDZ application is outlined in Sec. 38.220.120, BMC. In addition, specific to the
Sustainability/Water Conservation area the application must include detailed materials necessary to
enable evaluation of water use reductions.The application also needs to mention how it advances the
Bozeman Community Plan (2020).
V. Water Consumption Sustainable/Resilient Design Projects
For the purposes of implementing Sec. 38.430.050.C, BMC the installation of high efficiency water-using
fixtures, appliances, products, low water use landscaping and high efficiency irrigation products
exceeding applicable federal, state, and local minimum water use efficiency standards are assumed to
reduce baseline water demand of the proposed development by 25%, as outlined in this section.
An applicant must implement one indoor water use efficiency project and one outdoor water use
efficiency project in order to receive approval for a Water Consumption Sustainable/Resilient Design
PDZ Application.
Indoor Water Use Efficiency: Residential
For the purposes of implementing Sec. 38.430.050.C, BMC,the installation of high efficiency fixtures
listed below are assumed to reduce total residential baseline indoor water demand by 25%.1
• WaterSense° labeled high efficiency toilets
• WaterSense° labeled high efficiency bathroom faucets with a flow rate of 1.0 gallons per minute
or less
• WaterSense° labeled high efficiency showerheads with flow rate of 1.5 gallons per minute or
less
• CEE Tier° 1, 2, or 3 rated high efficiency clothes washers
• Energy Star' labeled dishwashers
In order to achieve the 25% indoor water demand reduction, all residential toilets, bathroom faucets,
showerheads, clothes washers and dishwashers installed in the development must meet the standards
outlined above.
Demand reductions outlined above represent reductions achievable for indoor residential water usage
only.
Due to on-going industry-driven efficiency improvements for the products listed above, alternative
indoor water efficiency projects not outlined in this section may be proposed in order to meet the
requirements for a Sustainable/Resilient Design PDZ. The City and Applicant will work together to
identify appropriate savings assumptions for each project based on baseline water demand of the
development, end uses within the development, industry standards, and achievable savings
documented in other communities for comparable projects.
Indoor Water Use Efficiency: Commercial
For the purposes of implementing Sec. 38.430.050.C, BMC,the installation of high efficiency fixtures
listed below are assumed to reduce total commercial baseline indoor water demand by 25%.3
• WaterSense® labeled high efficiency toilets
• WaterSense° labeled high efficiency urinals with a flow of 0.125 gallons per flush or less
• WaterSense® labeled high efficiency bathroom faucets with a flow rate of 0.5 gallons per minute
or less
• WaterSense° labeled high efficiency showerheads with flow rate of 1.5 gallons per minute or
less
• CEE Tier® 1, 2, or 3 rated high efficiency residential clothes washers
• Energy Star° labeled high efficiency commercial clothes washers
• WaterSense° labeled pre rinse spray valves with flow rate of 1.2 gallons per minute or less
• Energy Star° labeled dishwashers
• Energy Star' labeled air-cooled commercial ice machine
• Energy Star® labeled commercial steam cookers
• Energy Star' labeled commercial combination ovens
In order to achieve the 25% indoor water demand reduction, all commercial toilets, urinals, bathroom
faucets, showerheads, clothes washers, pre-rinse spray valves, dishwashers, ice machines, steam
cookers, and combination ovens installed in the development must meet the standards outlined
above. If any of the products are being leased, a lease agreement must demonstrate that the product(s)
meet requirements listed above.
Demand reductions outlined above represent reductions achievable for indoor commercial water usage
only.
Due to the wide variety of commercial use types, alternative indoor water efficiency projects not
outlined in this section may be proposed in order to meet the requirements for a Sustainable/Resilient
Design PDZ. The City and Applicant will work together to identify appropriate savings assumptions for
each project based on baseline water demand of the development, end uses within the development,
industry standards, and achievable savings documented in other communities for comparable projects.
Outdoor Water Use Efficiency: Weather Based or Soil Moisture Based Irrigation Controller,
Rain/Freeze Sensor, Pressure Regulated Spray Sprinkler Bodies, and Multi-stream, Multi-
trajectory Nozzles
For the purposes of implementing Sec. 38.430.050.C, BMC,the installation of high efficiency irrigation
products listed below are assumed to reduce total baseline outdoor water demand by 25%:
• WaterSense° labeled weather or soil moisture-based irrigation controller;
o All controller settings must accurately reflect irrigation zone, site and system conditions,
o Advanced efficiency settings must be decreased from the manufacturer's default of 100%to
at least 75%(if applicable),
o Baseline schedule settings programmed to operate within the permanent outdoor watering
restrictions (if applicable),and
• Rain/freeze sensor; and
• WaterSense° labeled spray sprinkler bodies; and
• Multi-stream, multi-trajectory rotating nozzles;
o Must have a precipitation rate of 1.0"/minute or less.
Outdoor Water Use Efficiency: Subsurface Drip Irrigation for Turf and Seeded Grass Areas
For the purposes of implementing Sec. 38.430.050.C, BMC,the installation of subsurface drip irrigation
for all turfgrass and other seeded grass areas is assumed to reduce total baseline outdoor water demand
by 25%.
• The irrigation system must be designed and installed to achieve maximum efficiency standards
based on industry best practice.
• Overhead spray irrigation may be used for turf establishment only.
Outdoor Water Use Efficiency: Drought Tolerant Landscaping
For the purposes of implementing Sec. 38.430.050.C, BMC,the installation of drought tolerant
landscaping that exceeds 80%of the total irrigable area is assumed to reduce total baseline outdoor
water demand by 25%.
• Drought tolerant landscaping must be approved by the City of Bozeman Water Conservation
Division.
• The irrigation system must be designed and installed to achieve maximum efficiency standards
based on industry best practice.
• Low volume drip irrigation must be installed in the drought tolerant landscaped area. Overhead
spray irrigation is not permitted in the drought tolerant landscaped area.
• Drought tolerant grass seed mix, if used, must be irrigated with subsurface drip irrigation.
o Overhead spray irrigation may be used for establishment only.
Demand reductions outlined above represent reductions achievable for outdoor water usage only.
Due to the varying uses of outdoor landscapes, alternative outdoor water efficiency projects not
outlined in this section may be proposed in order to meet the requirements for a Sustainable/Resilient
Design PDZ. The City and Applicant will work together to identify appropriate savings assumptions for
each project based on outdoor water demand of the development, industry standards, and achievable
savings documented in other communities for comparable projects.
Sustainable/Resilient Design - Average Daily Motor Vehicle Trip
Generation
i. Strategies
Applicants can utilize many strategies and best practices to achieve a 25% reduction in trips
generated from their development and in addition can work with the city to implement
innovative and progressive practices that lead to this reduction and a reduction in the impact of
the new development on existing transportation systems and other factors identified in the City's
growth policy.The three (3) strategies listed below are acceptable options for meeting the intent
of the PDZ requirements.These three (3) strategies are not inclusive of all the potential solutions
for achieving the 25% reduction.The third strategy permits a combination of the prior two or
other strategies, as presented by the applicant and to be reviewed by City Staff.
1. Transportation Demand Management Plan—Developer may draft a
Transportation Demand Management Plan that demonstrates a 25% reduction of trips
generated in the developed area; or
2. Permit Parking—Implement a permitted paid parking system within
developments that are commercial or mixed use in nature; or
3. Other strategies- Utilize a combination of other TDM, mobility, or transportation
strategies to achieve the 25% reduction in trip generation.The proposed strategies will
be evaluated by City of Bozeman Staff.
11. Strategies and Submittals
Strategy 1:Transportation Demand Management Plan
By developing a Transportation Demand Management(TDM) Plan applicants can ensure that
impacts from new development are not only mitigated by planned programs and physical
improvements but also integrate better into a community-wide system of active transportation
and mobility infrastructure that will ultimately benefit the residents or users of the proposed
development. TDM Plans are to be crafted for review and approval by City of Bozeman Planning
and Engineering Staff.This strategy requires development proposal to meet "Required Elements"
and "Additional Elements" as outlined below.
1. Required Elements (all elements to be executed)
• TDM Plan Administrator—Onsite plan administrator to manage the development
and transition of the TDM Plan to the future management organization of the
development.This administrator will communicate plan needs throughout review and
development of the project.
• Marketing plan—A plan developed by the development team during review and
approval for review by the City of Bozeman and for use during the build out of the
development as a tool for communicating the intent of the TDM Plan and how it
enhances the development for future occupants and users.
• Performance Metrics/Monitoring—Annual monitoring reports of the TDM Plan
to City of Bozeman Staff for the purpose of evaluating efficacy of the plan and usefulness
for long-term use.
2. Additional Elements (choose a minimum of three of the following elements)
• Prioritized parking for carpool vehicles,vanpools, or shared vehicles. Prioritized
parking ensures that those using more active means of vehicle travel can park closer to
the building entrances and destinations.This type of parking does not take precedent
over ADA parking required in the project.ADA parking must be provided as dictated in
other regulations and guiding documents.
• Paved separated shared use path facilities within the development to ensure
connectivity to required or existing facilities off-site or adjacent to the site; or
• Provide short-term, covered personal transportation device parking for at least
15 percent of potential building or site occupants; short term bicycle parking should be
proximate and easy to use and available to all users of the development; parking areas
shall be distributed equally around the site to efficiently serve residents and visitors but
no greater than 100 feet from any main entry to a building.
• Provide long-term personal transportation device storage for five (5) percent of
building or site occupancy for commercial and commercial portions of multi-use projects
and 15 percent for residential projects. Long-term bike storage places a high value on
security and weather protection and thus should be secure (limited access), in a covered
structure or placed interior to a building. Long-term parking should be placed within 100
feet of functional entries if located on the exterior of the building. At least four bicycle
parking spaces should be installed at minimum. Long-term storage areas are also ideal
places to place charging stations for electric devices.
• Provide a high-quality Bike Repair Station, including pump, near at least one of
the bike parking areas.
• For commercial and multi-use developments, provide single occupancy shower
and five (5) lockers for active transportation users for the first 100 occupants of the
building or site and then an additional single occupancy shower facility and one (1) locker
for every 150 occupants thereafter.These facilities significantly enhance user/staff
convenience when active transportation modes are their main way to reach their
workplace.
• Provide adequate year-round maintenance and access to active transportation
facilities with equal priority as given to vehicular facilities, including but not limited to
snow removal, crack sealing, pothole patching,tree root mitigation, seal coat, and
overlay if necessary for damage and wear out. If an HOA management company is tasked
with maintenance, it should be communicated that certain expectations for maintenance
exist and should be accommodated into the future.
Submittal requirements for all options:
• PDZ application documents as outlined in the UDC.
• A Trip Generation memo at the time of conceptual review or pre-application.
• A Traffic Impact Study that includes a narrative describing the number of trips
generated by the new development at the time of formal review or preliminary plat.
• A narrative describing the plan to implement proposed project enhancements
and how they collectively mitigate the impact of trips generated from the project.
Physical plans for implementation, including details commensurate with the level
of detail required by planning review of the PDZ.
Strategy 2: Permit Parking
Permitted and paid parking management systems help offset the real long-term maintenance
costs for parking facilities. Permitted and paid parking systems can act as an incentive to reduce
vehicular trips.
Submittal requirements:
• PDZ application documents as outlined in the UDC.
• A Trip Generation memo at the time of conceptual review or pre-application.
• A Traffic Impact Study that includes a narrative describing the number of trips
generated by the new development at the time of formal review or preliminary plat.
A comprehensive parking management plan outlining the details of the permit
system and long-term administration of the plan.
Strategy 3: Other Strategies
Utilize a combination of Strategy 1 and/or 2 and other TDM, mobility, or transportation strategies
to achieve the 25% reduction in trip generation.The proposed strategies will be evaluated by City
of Bozeman Staff.
Submittal requirements:To be determined by City staff at time of concept review.
Sustainable/Resilient Design Projects - Non-Renewable Energy Use
I. Purpose
It is the intent of the City through the use of the Planned Development Zoning (PDZ) to encourage
efficiency and innovation in the built environment that reduces the use of non-renewable energy for
public benefit through energy efficiency and on-site renewable energy.A 25% reduction in non-
renewable energy may be achieved through one or a combination of the following categories:
1. Commercial Buildings
i. Energy Efficiency
ii. On-site Renewable Energy
2. Residential Buildings
i. Energy Efficiency
ii. On-site Renewable Energy
II. Definitions
"Climate zone" means a geographical region based on climatic criteria as specified in the 2021
International Energy Conservation Code.
"Commercial building" means all buildings that are not included in the definition of"residential
building".
"Energy analysis" means a method for estimating the annual energy use of the proposed design and
standard reference design based on estimates of energy use.
"Energy Rating Index(ERI)" means a performance path that gives the option of complying with the 2021
IECC by meeting a target ERI score through a wide range of performance options with some mandatory
code requirements.The ERI score is a numerical score where 100 is equivalent to the 2006 IECC and 0 is
equivalent to a net-zero energy home. Each integer value on the scale represents a 1%change in the
total energy use of the rated design relative to the total energy of the ERI reference design.
"Energy simulation tool" means an approved software program or calculation-based methodology that
projects the annual energy use of a building.
"Energy Utilization Intensity(EUI)" means the site energy for either the baseline building or the
proposed building divided by the gross conditioned floor area plus any semi-heated floor area of the
building. For the baseline building,the EUI can be divided between regulated energy use and
unregulated energy use.
"Home Certification Organizations (HCOs) are independent organizations recognized by the
Environmental Protection Agency to implement an Energy Star certification program based on the
Energy Star Residential New Construction program requirements for site-built single-family and
multifamily homes and apartments when an Energy Rating Index (ERI) is used. Energy Rating Companies
(e.g. rater companies and providers) providing third-party verification for these compliance paths are
required to operate under an HCO.
"IECC" means the 2021 International Energy Conservation Code, published by the International Code
Council, Inc.
"Non-renewable energy" means fossil energy sources, including but not limited to oil, propane, coal, and
natural gas.
"On-site renewable energy system" means a renewable energy system located within the Planned
Development Zone.
"Proposed design" means a description of the proposed building used to estimate annual energy use for
determining compliance based on total building performance.
"Qualified Individual" is an individual not related to the Owner who is an engineer or contractor licensed
in the State of Montana. The qualified individual must demonstrate in writing to the owner that
he/she/they has the requisite qualifications to provide the certification or to perform the inspection and
testing required for the certification.
"Renewable energy system" means photovoltaic, solar thermal, geothermal energy, and wind systems
used to generate energy.
"Residential building" means a building containing dwellings and subject to the International Residential
Code or International Building Code as applicable.
"Standard reference design" means a version of the proposed design that meets the minimum
requirements of the code and is used to determine the maximum annual energy use requirement for
compliance based on total building performance.
III. Application Process
An application must follow the application process outlined in the Planned Development Zoning (PDZ).
In order to qualify for a PDZ with an emphasis on Sustainability, Non-Renewable Energy,the
development must be reviewed against the development standards established in the UDC and all
applicable building codes adopted by the State of Montana and the City of Bozeman Building Division.
It is recommended that prior to the pre-application review, the applicant meet with the City of
Bozeman's Sustainability Division and Building Division. City staff will review applications on a case-by-
case basis when determining whether the required standards are adequate to move to formal review by
the City Commission.
IV. Non-Renewable Energy Sustainable/Resilient Design Projects
Energy Efficiency and Renewable Energy Standard: Commercial Buildings
For the purposes of implementing Sec. 38.430.050.C, BMC,the non-renewable energy criteria for
commercial buildings may be achieved by certifying that the installation of the building envelope; the
heating, cooling,ventilation, and hot-water systems; and/or the interior lighting systems; and/or on-site
renewable energy systems, of the proposed design will reduce the total annual energy and power use by
25% in comparison to a reference design building.
Computer modeling must be used to compare two virtual buildings.The first virtual building is the
reference building.The reference building is identical to the proposed building except that the interior
lighting systems; heating, cooling,ventilation, hot water systems; and building envelope meet only the
minimum requirements as set by the most recent American Society of Heating, Refrigerating, and Air
Conditioning Engineers (ASHRAE) Standard 90.1. affirmed no later than the date that is 2 years before
the date that construction of the project begins, or the date the construction permit of the proposed
building. If the computer modeling indicates that the proposed building's total annual energy and power
usage are less than the reference building's total annual energy and power use by 25%or more,the
project is eligible for the Non-Renewable Energy Sustainable/Resilient Design.
Where multiple building types are identified within the PDZ, models should be created to demonstrate
the target percent reduction for each building type.Where the applicant proposes a combination of
more than two public benefits within the Sustainable/Resilient Design criteria, or other categories
eligible under the PDZ,the applicant may propose a percentage reduction that is less than 25%.
Commercial Building Submittal Materials
The non-renewable energy criteria for commercial buildings require four submittal phases:
1) PDZ Application—Identify intended methods to meet 25% reduction target and written
commitment to complete
2) Zoning or subdivision entitlement application—identify intended methods to meet 25%
reduction target, expected size of building(s) in sq. ft., location and type of intended on-site
renewable energy system if any, and written commitment to complete
3) Building design submittal -identify intended method to meet 25% reduction target, provide
modeling and energy analysis, identified construction methods, and written commitment to
complete
4) Post-installation verification and certification
Application
A completed PDZ application is outlined in Sec. 38.220.120, BMC. In addition, specific to the
Sustainability/Non-renewable Energy option the application must include a detailed narrative of the
anticipated energy modeling, energy conservation measures, and renewable energy systems that will be
included in the building design and construction.The target energy reduction for each building will be
identified within the application materials.The application also needs to mention how the measures
advance the Bozeman Community Plan (2020) and as updated.
Building Design Submittal':
1) Square footage of the building(s).
2) Architectural documents used to determine the square footage of the building.
3) Anticipated date of occupancy.
4) Computer modeling—energy model input and output files for proposed and reference buildings.
For a list of approved modeling software,visit the Qualified Software for Calculating Commercial
Building Tax Deductions.
1 Submittal requirements are intended to align with the Internal Revenue Service 179D Energy Efficient
Commercial Buildings Deduction.Applicants claiming the IRS 179D deduction are advised to independently verify
all current eligibility and submittal requirements. Renewable energy systems are not eligible under IRS 179D but
may be eligible under Section 48 Investment Tax Credit.
a. The energy analysis will minimally include all assumptions around building occupancy, hours
of operation, and temperature settings.
5) Technical specifications and drawings required by the designer of the project.
6) The amount of reduction in total annual energy and power use for each building type. Energy
efficiency and on-site renewable energy reductions must be identified as separate reductions.
7) The annual production of an on-site renewable energy system may be estimated using PV Watts
or an approved energy simulation tool.The submittal will include the percentage of the
building's energy consumption to be provided by an on-site renewable energy system.
a. Sample system details for solar photovoltaics (PV):
i. DC System Size (kW) and System Output (kWh/year)
ii. Approximate Nominal Efficiency
iii. Array Type (fixed,tracking,two-axis tracking)
iv. Tilt angle (deg)
v. Azimuth angle (deg)
b. Sample calculation:
i. A proposed 50,000 ft2 building with a modeled Energy Use Intensity of 52
kBtu/ft2/year and a 50kW PV system with a generating output of 62,274
kWh/year would calculate the percent reduction in non-renewable energy as:
0 62,274 kWh/year= 212,529 kBtu/year
• 212,529/50,000 ft2=4.3 kBtu/ft2/year
• 52—4.3 = 47.8 kBtu/ft2/year
• ((52—47.8)/52) x 100= 8.2%
• 8.2%= reduction in non-renewable energy from an on-site
renewable energy system
Post-installation Verification
Prior to receiving a Certificate of Occupancy(COO), the applicant will submit the following Certification
to demonstrate and verify that the energy efficiency measures and the reduction in total annual energy
and power use are achieved.
1) Qualified Individual
a. Name, address, and telephone number of the qualified individual.
2) Building Address
a. Address of the building to which the certification applies.
3) Qualifying Property
a. A statement by the qualified individual describing the energy efficiency and renewable
energy measures.
4) Amount of Reduction
a. A statement by the qualified individual specifying the reduction in total annual energy and
power use.
5) Post-Installation Verification
a. A statement by the qualified individual asserting that field inspections of the building have
been completed and confirms that the energy efficiency measures have been placed in
service and that the building will meet the energy savings targets contained in the design
plans and specifications.
b. A statement by the qualified individual asserting that the field inspections were performed
in accordance with inspection and testing procedures specified under IRS 179D Commercial
Buildings Energy Efficiency Tax Deduction guidance published by the Department of Energy.
6) Owner Notification
a. A statement that the building owner has received an explanation of the energy efficiency
features of the building and its projected annual energy use.
7) Qualified Computer Software
a. A statement that qualified computer software was used to calculate total annual energy and
power use.The statement must identify the software used.
8) List of Components of Energy Efficiency/Renewable Energy and Annual Energy Use Projections
a. A list identifying the components of the interior lighting systems; heating, cooling,
ventilation, and hot water systems, renewable energy systems; and building envelope
installed on or in the building; the energy efficiency and renewable energy features of the
building; and its projected annual energy use.
9) Penalty of Perjury Statement
a. A declaration, applicable to the certification and any accompanying documents,signed by
the qualified individual, in the following form:
"Under penalties of perjury, I declare that I have examined this certification, including
accompanying documents, and to the best of my knowledge and belief, the facts presented
in support of this certification are true, correct, and complete."
Energy Efficiency and Renewable Energy Standard: Residential Buildings
For the purposes of implementing Sec. 38.430.050.C, BMC,the non-renewable energy criteria for
residential buildings may be achieved by applying the 2021 IECC Energy Rating Index (ERI) Compliance
Alternative or the Department of Energy (DOE) Zero Energy Ready Home PrograM2.
Under these options, the standard reference design for single-family residential buildings is a maximum
Energy Rating Index of 54,without an on-site renewable energy system, in Bozeman's Climate Zone 6.
Each ERI point reduction is recognized as a 1% reduction in non-renewable energy with the certification
of an approved third-party inspector or rater. For reference, Appendix RC, Zero Energy Residential
Building Provisions in the 2021 IECC identifies an ERI of 46 in Climate Zone 6 as the minimum level of
efficiency, without an on-site renewable energy system, needed to achieve Zero Energy ready
residential construction.
Applicants pursuing the DOE Zero Energy Ready Home program may identify a custom ERI target based
on the applicable single household or multihousehold program requirements with the certification of an
approved third-party inspector or rater.Where multiple building types are identified within the PDZ,
models should be created to demonstrate the target percent reduction for each building type. Where
the applicant proposes a combination of more than two public benefits within the Sustainable/Resilient
Design criteria, or other categories eligible under the PDZ,the applicant may propose a percentage
reduction that is less than 25%.
Residential Building Submittal Materials
The Sustainability/Non-renewable Energy option for residential buildings requires three submittal
phases:
2 Applicants are responsible for identifying the appropriate version of the Zero Energy Ready Home Certification
program to be eligible for the New Ener9y Efficient Home Tax Credit found in section 45L of the Internal Revenue
Code.
1) PDZ Application—Identify intended methods to meet 25% reduction target and written
commitment to complete
2) Zoning or subdivision entitlement application—identify intended methods to meet 25%
reduction target,type of proposed homes, location and type of intended on-site renewable
energy system if any, and written commitment to complete
3) Building design submittal -identify intended method to meet 25% reduction target, provide
modeling and energy analysis, identified construction methods, and written commitment to
complete
4) Post-installation verification and certification
Application
A completed PDZ application is outlined in Sec. 38.220.120, BMC. In addition, specific to the
Sustainability/Non-renewable Energy option include a narrative of the anticipated residential building
energy efficiency measures and any on-site renewable energy systems that will be included in the
building design and construction. The application will specify that verification of compliance will be
completed by an approved third-party inspection agency in accordance with Section R105.4. and/or a
Zero Energy Ready Home Program approved rater or another qualified third party operating under a
Home Certification Organization (HCO).The target energy reduction for each building will be identified
within the application materials.The application also needs to describe how the measures advance the
Bozeman Community Plan (2020) and as updated.
Building Design Submittal
1) The application must specify a compliance path through Section R406 Energy Rating Index
Compliance Alternative and/or the Zero Energy Ready Home Program.
2) Identify an approved third-party inspection agency in accordance with IECC Section R105.4 and,
if applicable, an approved verifier for third-party inspections under the DOE Zero Energy Ready
Home National Program Requirements.This party must be a rater that is working under the
oversight of an EPA-recognized Home Certification Organization (HCO).
3) Compliance based on the Energy Rating Index Compliance Alternative must conform to the
criteria established in the 2021 IECC Section R406.1 through R406.7.6, including R406.3.2 where
on-site renewable energy systems may be included.
4) Compliance based on the DOE Zero Energy Ready Home National Program Requirements
requires the following documentation:
a. The ERI of the DOE Zero Energy Ready Home "Target Home" for single household or
"Dwelling Design" for multihousehold
b. The size modification factor.
c. Complete ERI software calculations for a preferred set of energy measures and verify
resulting ERI at or below DOE Zero Energy Ready Home "Target Home" for single household
or"Dwelling Design" for multihousehold ERI, modified, as required, for house size.
d. A narrative describing the on-site renewable energy system with the installed capacity (kW)
annual energy production (kWh/year) of the proposed design using PV Watts or an
approved energy simulation tool. Submit the adjusted ERI based on the annual energy
production of the renewable energy system.The energy analysis will be provided by an
approved third-party rater. Each ERI point reduction from on-site renewable energy systems
is recognized as a 1% reduction in non-renewable energy use.'
e. Verification that all requirements have been met using an approved "verifier", referring to
the person completing the third-party inspections required for qualification.This party must
be a rater that is working under the oversight of an EPA-recognized Home Certification
Organization (HCO).
f. Identify the target percent reduction of non-renewable energy. Both pathways for
residential compliance will use an ERI of 54 as the standard reference design from the 2021
IECC Table R406.5 Maximum Energy Rating Index,then subtract the percent reduction of
the proposed design, and repeat the calculation for each residential building type within the
PDZ.
i. Sample calculation:
• A standard reference design ERI of 54
• 54-10%=44ERI
• An ERI proposed design of 44 represents a 10% reduction of non-renewable
energy
Post-installation Verification
Prior to receiving a Certificate of Occupancy(COO),the applicant will submit compliance verification that
all residential buildings within the PDZ were constructed using measures that resulted in an ERI at or
below the proposed design or the DOE Zero Energy Ready Home "Target Home" for single household or
"Dwelling Design" for multihousehold ERI, as previously submitted.
The third-party inspector or rater must certify that all requirements have been met and provide
documentation that the energy measures and the reduction in total annual energy use were achieved.
Sustainable/Resilient Design Projects - Combined Water Consumption,
Energy Use, and Motor Vehicle Trip Generation
An applicant may receive approval for a Sustainable/Resilient Design PDZ by combining water efficiency
projects. In order to be considered for approval of a combined water consumption, energy use, and
motor vehicle trip generation Sustainable/Resilient Design PDZ Application,the City and Applicant will
work together to identify water, energy, and transportation demand reductions achievable through the
implementation of a combination of the projects listed above. Demand reduction assumptions
achievable for each project may be based on baseline demands of the development, industry standards,
and achievable demand reductions documented in other communities for comparable projects.The
methods and requirements for identified sustainable measures are the beginning point for developing a
combined approach.
' Note that on-site renewable energy generation may not be used to qualify a home for the
DOE Zero Energy Ready Home Target Home ERI requirements but can be used to achieve
additional ERI score reductions needed for homes larger than the Benchmark Home.