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HomeMy WebLinkAbout20231011 - Sustainability Advisory Board - Model HOA Covenants Work Session #2HOMEOWNERS’ ASSOCIATION (HOA) MODEL COVENANTS Sustainability Advisory Board October 11, 2023 WHAT IS AN HOA? •Organization in a subdivision, planned community, or condominium building that makes and enforces rules for the properties and residents •Become a member upon purchasing property •Covenants can be more restrictive than the zoning and codes of the city and can be inconsistent with city priorities •The City of Bozeman does not enforce covenants and cannot require any provisions within covenants •Development of model HOA covenants will provide an opportunity for newly created HOA’s to adopt language that is consistent with the City’s adopted plans (i.e. Strategic Plan, Community Plan, Affordable Housing Action Plan, Transportation Plan, and Climate Plan) IDENTIFIED CITY PRIORITIES •Water Conservation •Drought Tolerant Landscaping •Local Food •Neighborhood and Community Connectivity •Accessory Dwelling Units •Childcare •Composting and Recycling •Energy Efficiency and Renewable Energy ENERGY EFFICIENCY & RENEWABLE ENERGY Draft Covenant Language Home energy improvements such as installing solar energy systems, geothermal energy systems, and energy efficient technology such as heat pumps are encouraged. Background Advancing energy efficiency, electrification, and renewable energy production in Bozeman’s neighborhoods are important steps toward reaching the goals of the Bozeman Climate Plan. Problem HOAs may prohibit or restrict outdoor equipment installations like solar panels, outdoor HVAC units, and clotheslines due to concerns about the aesthetics. Opportunity The City of Bozeman can propose model HOA covenant language to allow flexibility for installing this type of equipment. HOA’s can also help advance energy efficiency and renewable energy by encouraging homeowners and providing information and guidance. ENERGY EFFICIENCY & RENEWABLE ENERGY Draft Covenant Language Home energy improvements such as installing solar energy systems, geothermal energy systems, and energy efficient technology such as heat pumps are encouraged. Solar Energy Systems Solar panels are permitted on all roof structures, consistent with City of Bozeman and building codes. Solar collectors shall be integrated into the overall roof design and shall be placed flush with the slope of the roof or wall of the building. Solar panels are permitted on all sides of the roof and may be visible from the public view. •The Unified Development Code permits solar in all zoning districts. Solar installations are exempt from building height restrictions and do not require mechanical screening. Solar Energy Systems ENERGY EFFICIENCY & RENEWABLE ENERGY Draft Covenant Language Outdoor heat pump units are permitted on any side of the home (front yard, backyard, side yard). Outdoor units should not obstruct parking or walkway access. When feasible, place any mechanical outdoor unit away from windows and doors of neighboring homes. Outdoor Heat Pump Units •Air-source heat pumps are an efficient electric option for home heating and cooling that are a key component for home electrification. •The installation and placement of the outdoor unit can impact the overall performance and efficiency of the heat pump, especially in colder climates. •Outdoor units should be strategically placed or protected to shield them from the prevailing wind, snow, rain, hail, and other environmental elements. ENERGY EFFICIENCY & RENEWABLE ENERGY Draft Covenant Language The installation and use of clotheslines is permitted on all lots for the purpose of drying and airing clothes and linens. When feasible, clotheslines shall be positioned in a manner that minimizes visibility from neighboring properties and the street. Clotheslines •Clotheslines or natural drying devices allow residents to save on energy bills and practice environmental stewardship. •HOA’s could also allow for clotheslines but set guidelines for placement, duration, and timing of clothesline use. Building Materials Background Sustainable materials refer to building materials that are produced, sourced, and/or used in a manner that minimizes their negative impact on the environment. There are many ways to evaluate the sustainability of building materials which creates a challenge for standardizing what qualifies as a sustainable material. Problem HOA’s are typically responsible for reviewing and approving construction/renovation plans. HOAs may also have authority over approved lighting fixtures and modifications to exterior lighting. Opportunity By incorporating sustainable materials and building practices into the design guides or design review process, HOA’s have an opportunity to advance more sustainable building practices. Building Materials Draft Covenant Language Building materials used in alterations shall be of similar or higher quality as the original improvements. The sustainability and durability of materials shall be considered during the material selection process and, where applicable, should be represented in the proposal to the Architectural Review Committee. Sustainable materials refer to building materials that are produced, sourced, and/or used in a manner that minimizes their negative impact on the environment. Attributes of sustainable materials may be characterized by: Low Embodied Carbon: Materials are manufactured, sourced, and transported in ways that minimize energy consumption, water usage, waste generation, and greenhouse gas emissions, thus reducing their overall carbon footprint from production to installation. Locally Sourced: Materials that are locally produced reduce carbon emissions associated with long-distance transportation. Energy-Efficient: Materials that can improve the energy efficiency of buildings (e.g., higher performing windows). Durable:Higher performance materials that can withstand environmental stresses, reducing the need for frequent replacements and lowering life-cycle environmental impact. Responsibly Sourced: Materials that are harvested, extracted, and/or produced using practices that promote positive environmental, social, and economic benefits (e.g., Forest Stewardship Council (FSC) Certified). Sustainable Building Materials Building Materials Draft Covenant Language All exterior lighting fixtures must be LED and achieve Dark-sky compliance by meeting the requirements and standards set forth by the International Dark-Sky Association (IDA) and City of Bozeman lighting standards. Exterior lighting fixtures should not intrude on the use or enjoyment of adjacent properties. Dark -Sky Compliant Lighting •Light pollution has far-reaching effects on our environment, wildlife, and human health and well-being. Outdoor lighting also contributes to greenhouse gas emissions and utility bills for residents by increasing energy consumption. •The City of Bozeman’s draft Unified Development Code provides standards for lighting under Division 38.560 that provide specifications in support of Dark-sky compliance. darksky.org Local Food Background The Bozeman Climate Plan recognizes the environmental and resiliency benefits of enhancing our local food system, including community gardens, home gardening, edible landscapes, season extension practices, cottage food businesses, and agriculture/gardening in public green spaces. Problem HOA’s may have provisions that limit or prevent gardens. There are often HOA gardening provisions that limit or prevent homeowners from having their own garden, chickens, greenhouses, etc. HOA’s may also prohibit or limit farm stands that sell local food. Opportunity The City of Bozeman can propose covenant language that supports food production and aligns with City codes. Local Food Draft Covenant Language Gardens Vegetable gardens are permitted in all yard areas provided that gardens do not impede or encroach upon the public right of way or obstruct parking or walkway access Greenhouses and Garden Sheds Greenhouses and garden sheds are permitted on all lots provided they comply with zoning and appurtenant regulations enacted by the City of Bozeman Urban Chickens Keeping of chickens is permitted on all lots provided they comply with regulations enacted by the City of Bozeman. Farm Stands Farm stands are accessory tables, areas, structures, or kiosks for the sale of crops, products, and/or nonfood items such as ornamental crops (i.e., flowers) are permitted on all lots provided that comply with regulations enacted by the City of Bozeman. Gardens, Greenhouses/Sheds, Chickens & Farm Stands Local Food Boulevard Considerations Considerations for Boulevards •Structures, including garden beds, cannot be in the boulevard due to snow plowing. •Generally, it is discouraged to include any woody plants in these spaces (aside from boulevard trees), due to challenges and damage from plowing. •Street vision triangle requirements must be considered, which generally requires that plants not exceed 30” in height in these areas. •Consider the types of food plants and to what extent food/foliage could work its way into the curb line and impact our storm drain infrastructure. UPCOMING PUBLIC ENGAGEMENT Model HOA / POA Covenants Join us on October 26th at the Bozeman Public Safety Center from 5:30pm to 6:30pm to share your thoughts on the topics we're tackling! The City's goal with this project is to provide sample language that new or existing homeowners and property owners associations can integrate into their covenants to align them with city priorities like water conservation, ADUs, and childcare. •Take the survey to learn more and share your thoughts •Register to join the focus group and we hope to see you there! https://engage.bozeman.net/model-covenants