HomeMy WebLinkAbout08-28-25 Public Comment - L. McLane, Gallatin Watershed Council, Re_ UDC Aquatic Resource Submittal MaterialsFrom:Lilly McLane
To:Bozeman Public Comment; Terry Cunningham; Jennifer Madgic; morrison.joseph.w@gmail.com; Chris Saunders
Cc:Holly Hill; Katherine Berry
Subject:[EXTERNAL]Re: UDC Aquatic Resource Submittal Materials
Date:Thursday, August 28, 2025 1:05:29 PM
Attachments:25.08.28 City of Bozeman Commission Public Comment - submittal requirements.pdf
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Thank you for the opportunity to clarify our comments from the UDC Worksession on August
19th and to respond to the discussion by city staff and commissioners.
Please see our attached letter, which includes a list of specific submittal requirements for eachstage of the land review process, based on the heading provided in the staff memo, and an
annotated PDF of Division 38.220. - Applications and Noticing.
Sincerely,The Gallatin Watershed Council
--
Lilly McLane, Watershed Restoration DirectorGallatin Watershed Council
http://gallatinwatershedcouncil.org Cell: 410.371.8221
To: Bozeman City Commission
From: Gallatin Watershed Council
Date: August 27, 2025
Re: Request to provide a list of items you believe should be required earlier in the land review process
Dear Commissioners,
Thank you for the opportunity to clarify our comments from the UDC Worksession on August 19th and
to respond to the discussion by city staff and commissioners.
At that meeting, staff asked whether Bozeman is collecting enough information during development
review to evaluate adopted natural resource criteria and standards. Our main point is not that more
information needs to be collected, but that the way submittal requirements are presented in the Code
is often unclear. We have provided specific recommendations where we think the Code could be more
explicit, benefit from more consistent and clearly defined terminology, and/or be consolidated with
similar reporting materials.
Differences in understanding may arise because staff see the day-to-day process, while we rely on what
is explicitly written in the Code. For example, staff may be requesting a wetland delineation at
pre-application, yet the Code appears to require only a topographic sketch.
We hope an outside perspective is useful: if we are confused, others may be too. GWC staff and our
partners have spent considerable time reading and trying to understand the submittal requirements
outlined in the UDC. In general, we find them to be well-intentioned but confusing, duplicative, and
somewhat haphazard. Wouldn’t it be helpful if they were intuitive and straightforward? Ideally, the
UDC is a clear communication tool so that anyone–a developer, a new planning staff member, a busy
commissioner, and an engaged member of the public–knows exactly what is required, when.
To support this, we have attached:
● A list of specific submittal requirements for each stage of the land review process, based on the
heading provided in the staff memo (Attachment A)
● An annotated PDF of Division 38.220. - Applications and Noticing. (Attachment B)
Thank you for your attention to these comments, and for your ongoing work to ensure Bozeman’s
development review process protects the community’s natural resources.
Sincerely,
The Gallatin Watershed Council
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
Attachment A
Subdivision Review and Approval
Pre-Application (Sec. 38.220.030.)
1. Require the submission of an aquatic resource delineation report at pre-application.
➢ City staff stated during the Commission hearing on August 19th that an aquatic resource
delineation is required at the pre-application stage. From reading the code, it is our
understanding that an aquatic resource delineation is not required until the preliminary plat
stage, where it is first mentioned under Sec. 38.220.060. - Documentation of compliance with
adopted standards. A. 1.
➢ An aquatic resources delineation is the official term used by the US Army Corps of Engineers
for a highly standardized way of cataloging streams, wetlands, and ditches on a site, as
defined under Sec.38.22.130. Submittal materials for regulated activities in wetlands A. 1.
However, this section does not specify when in the development review process this
documentation is due.
➢ Requiring the delineation at pre-application would allow significant site constraints to be
identified early, ensuring that impact avoidance is prioritized from the outset. At this stage,
developers are already submitting their Subdivision Layout, Development Plan, and Parks
Concept Plan. Ideally, the delineation should occur before time and money are invested in
these elements; at a minimum, it should be required alongside them, rather than afterward.
2. Standardize terminology for mapping aquatic resources and consolidate reporting requirements.
➢ Sec. 38.220.030. - Subdivision pre-application submittal materials requests that developers
map and describe aquatic resources in multiple places (Topographic Features, Parks and
Recreation Facilities, Wildlife, Agricultural Water User Facilities), but terminology is
inconsistent: “watercourses,” “drainage channels,” “areas of seasonal ponding,” “marsh
areas,” “wetlands,” “critical lands,” “riparian areas,” “streams,” “fish and wildlife resources,” and
“agricultural water user facilities.”
➢ All of these features are documented in an aquatic resource delineation. Therefore, the report
should be required as the first step and then referenced in all subsequent submittal materials.
➢ For all instances that request the mapping of aquatic resources, use the phrase “delineated
wetland and watercourse boundaries consistent with the aquatic resource report.”
➢ Wherever possible, consolidate mapping and description requirements related to aquatic
resources during the pre-application phase.
3. Require a narrative of potential impacts to natural resources, including intentions to avoid, minimize,
and mitigate those impacts.
➢ This is essentially already required during pre-application under “Wildlife.” It is also required
under Sec.38.22.130. Submittal materials for regulated activities in wetlands, which details
reporting requirements for impact minimization and mitigation for wetlands, although this
section does not specify when this documentation is due.
➢ To the extent possible, consolidate potential impact reporting requirements during the
pre-application phase.
Preliminary Plat (Sec. 38.220.040. and Sec. 38.220.060.)
4. Standardize terminology for mapping aquatic resources and consolidate reporting requirements
➢ Similar to the pre-application submittal requirements, Sec. 38.220.040. - Subdivision
preliminary plat and Sec. 38.220.060. - Documentation of compliance with adopted standards
requests that developers map and describe aquatic resources in multiple places (Surface
Water, Geology; soils; slopes, Vegetation, Wildlife, and Agricultural water user facilities) but
terminology is inconsistent: "natural water systems,” “artificial water systems,” “wetlands,”
“hydric soils,” streambank or shoreline vegetation,” “critical areas,” “key wildlife areas,” and
“waterfowl nesting areas.”
➢ All of these features are documented in an aquatic resource delineation. Therefore, the report
should be required at pre-application and then referenced in all subsequent submittal
materials.
➢ For all instances that request the mapping of aquatic resources, use the phrase “delineated
wetland and watercourse boundaries consistent with the aquatic resource report.”
➢ Wherever possible, consolidate mapping and description requirements related to aquatic
resources during the preliminary plat phase.
5. Require a wetland and watercourse setback planting plan
➢ There is some overlap in planting/landscape plan requirements throughout the Code. Ensure
there is no unnecessary duplication in these reporting requirements, and align the various
planting plans to the extent possible:
● Sec. 38.220.070. - Final plat asks for a Landscape Plan, Parks Planting Plan, and
Noxious weed management and revegetation plan.
● Sec. 38.220.080. - Site plan submittal requirements requires an applicant to map
“Landscape and irrigation” and provide “a revegetation and grading plan showing how
disturbed areas will be revegetated…”
● Sec. 38.220.100. - Submittal requirements for landscape and irrigation plans requires a
host of stuff at different stages of the development process.
● Sec.38.220.130. Submittal materials for regulated activities in wetlands requires a
planting schedule, but does not specify when it is due.
● Sec. 38.410.100. - Watercourse setback requires a watercourse setback planting plan to
be “reviewed and approved by the community development department prior to the
commencement of development or site preparation.”
6. Require an aquatic resource risk assessment when stream or wetland code relaxations are
proposed.
➢ The purpose is to create a scientifically robust process for quantifying adverse impacts and
assessing if, when, and where a variance/deviation/departure should be allowed.
➢ At the August 19th Commission work session, staff noted that an aquatic resource delineation
report already includes an ecological functional assessment. This is a ranking system for how
well a wetland is providing pollution removal, habitat, water storage, etc. in its current
condition, and is specifically required under Sec.38.22.130. Submittal materials for regulated
activities in wetlands. A. 1.
➢ Sec.38.22.130. Submittal materials for regulated activities in wetlands. A. 2. does require
mapping of proposed impacts, but does not specify when this submission is due.
➢ An aquatic resource risk assessment would supplement these existing elements and tie them
together into a report. It quantifies proposed impacts by comparing the functional value of the
streams and wetlands in a reasonably restored state, given the surrounding land use and
existing infrastructure constraints (resource potential), to the proposed conditions of the
developed site.
➢ Variances and deviations are outside the scope of the Wetland and Watercourse Code update
and need to be addressed here.
➢ Ensure consistency and/or consolidate submittal materials pertaining to natural resource
impact minimization and mitigation. This type of information is asked for several times in the
Preliminary Plat stage, including for proposed “water body alteration” and “protective
measures” for vegetation and wildlife.
➢ For a more detailed discussion of an aquatic resource risk assessment, please see the Policy
Memo on Streams and Wetlands in the UDC, previously submitted by the Gallatin Water
Collaborative.
Final Plat (Sec. 38.220.070.)
7. Standardize terminology for mapping aquatic resources and consolidate reporting requirements
(see #2)
8. If adverse impacts are determined in the aquatic resource risk assessment, submit an aquatic
resource mitigation plan, per Sec.38.22.130. Submittal materials for regulated activities in wetlands.
A. 3.
9. Require the submission of written consent from the holder of the canal or ditch easement in the
event the development proposes to interfere with the ditch easement in any way.
➢ Staff mentioned on August 19th that written approval from a ditch company is required, but we
cannot find this is stated in the Code.
➢ MCA 70-17-112 specifies that “Interference With Canal Or Ditch Easements is Prohibited”
unless “the holder of the canal or ditch easement consents in writing to the encroachment or
impairment.” Match the language used in the UDC with MCA and require the submission of
written consent before subdivision approval.
➢ Final plat does require that easements for agricultural water user facilities be listed. The
requirements of agricultural water user facilities are outlined in Sec. 38.410.060. - Easements,
but the submission of written consent is not mentioned.
➢ See Gallatin County Subdivision Regulations, Appendix K: Commonly Required Conditions Of
Approval And Covenants, B. “Conditions And Covenants Related To Water Conveyance
Facilities” for additional requirements for agricultural water user facilities at the final plat stage.
Plan Review and Approval
Concept Plan Review (Sec. 38.220.110.)
10. Require the submission of an aquatic resource delineation report (see #1)
➢ There are several elements outlined in Sec. 38.220.110. - Sketch plan submittal requirements
that should be informed by the accurate location of streams and wetlands and be pre-empted
by an official aquatic resource delineation, including the location of “street and alley frontages
with names, street trees, water and sewer service locations, sidewalks, parking location and
size, and location of all structures.”
11. Standardize terminology for mapping aquatic resources (see #2)
Site Plan Review (Sec. 38.220.080.)
12. Standardize terminology for mapping aquatic resources (see #2)
➢ Sec. 38.220.080. - Site plan submittal requirements requests that developers map “surface
water, including: Holding ponds, streams, and irrigation ditches; Watercourses, water bodies,
and wetlands.”
➢ These features are documented in an aquatic resource delineation. Therefore, the report
should be required at conceptual review, then referenced in all subsequent submittal
materials.
➢ For all instances that request the mapping of aquatic resources, use the phrase “delineated
wetland and watercourse boundaries consistent with the aquatic resource report.”
13. Require a wetland and watercourse setback planting plan (see #5)
14. Require an aquatic resource risk assessment when stream or wetland impacts or code relaxations
are proposed (see #6)
15. If adverse impacts are determined in the aquatic resource risk assessment, submit an aquatic
resource mitigation plan (see # 8)
16. Require the submission of written consent from the holder of the canal or ditch easement in the
event the development proposes to interfere with the ditch easement in any way (see #9)
Other
Landscape and Irrigation
17. Ensure consistency in planting/landscape plan requirements throughout the Code (see #5)
Submittal materials for regulated activities in wetlands
18. Ensure required submittal materials outlined in this section are linked to the stages of development
review and there is consistency across the Code.
Submittal materials for variances
19. Require an aquatic resource risk assessment when stream or wetland impacts or code relaxations
are proposed (see #6)
Covenants
20. See Gallatin County Subdivision Regulations, Appendix K: Commonly Required Conditions Of
Approval And Covenants, B. “Conditions And Covenants Related To Water Conveyance Facilities”
Noticing requirements for application processing
21. Include noticing to ditch users
PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 2. - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
DIVISION 38.220. APPLICATIONS AND NOTICING
Bozeman, Montana, Code of Ordinances Created: 2025-07-21 14:19:54 [EST]
(Supp. No. 14)
Page 1 of 51
DIVISION 38.220. APPLICATIONS AND NOTICING
Part 1. Submittal Materials and Requirements
Sec. 38.220.010. Submittal materials and requirements.
All applications must be submitted on official forms prescribed by the community development department.
The application must be accompanied by the appropriate fee and development plans showing sufficient
information for the approval authority to determine whether the proposed development will meet the
development requirements of the city. Supplemental material may be required, depending on the application
type. The format, size, and number of submittal materials is established by the director of community
development.
Sec. 38.220.020. Streambed, streambank and/or wetlands permits.
A. The developer must provide the community development department with a copy of all required streambed,
streambank or wetlands permits, or written notification from the appropriate agency that a permit is not
required, prior to the commencement of any work on the site and/or final plat approval, whichever is
sooner. These permits include but are not limited to:
1. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection Bureau,
Fisheries Division, Montana Fish, Wildlife and Parks.
2. Stormwater discharge general permit. Administered by the water quality bureau, state department of
environmental quality.
3. Montana Natural Streambed and Land Preservation Act (310 Permit). Administered by the board of
supervisors, county conservation district.
4. Montana Floodplain and Floodway Management Act (Floodplain Development Permit). Administered
by the city engineering department.
5. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and the U.S.
Environmental Protection Agency.
6. Federal Rivers and Harbors Act (Section 10 Permit). Administered by the U.S. Army Corps of Engineers.
7. Short-term Water Quality Standard for Turbidity (318 Authorization). Administered by state
department of environmental quality.
8. Montana Land-Use License or Easement on Navigable Waters. Administered by the state department
of natural resources and conservation.
9. Montana Water Use Act (Water Right Permit and Change Authorization). Administered by the water rights bureau, state department of natural resources and conservation.
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Sec. 38.220.030. Subdivision pre-application submittal materials.
A. The pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries,
dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey required
for the preliminary plat and must include:
1. Sketch map. A sketch map showing:
a. The names of adjoining subdivisions and numbers of adjoining certificates of survey, along with
adjacent lot and tract lines.
b. Location, name, width and owner of existing or proposed streets, roads and easements within
the proposed subdivision; existing streets, roads and easements within adjacent subdivisions and
tracts; and the name of street or road that provides access from the nearest public street or road
to the proposed subdivision.
c. Location of all existing structures, including buildings, railroads, power lines towers, and
improvements inside and within 100 feet of the proposed subdivision.
d. The zoning proposed for the subdivision, if a change is contemplated and if an adjacent PUD is in
place or proposed.
2. Topographic features. Topographic features of the proposed subdivision and adjacent subdivisions and
tracts, including:
Embankments, watercourses, drainage channels, areas of seasonal water ponding, areas within the
designated floodway, marsh areas, wetlands, rock outcrops, wooded areas, noxious weeds and areas
of active faults. Include copies of any permits listed in section 38.220.020 that have been obtained for
the project.
3. Utilities. The existing and proposed utilities located on and adjacent to the proposed subdivision
including:
a. Location, size and depth of sanitary and storm sewers, water mains and gas lines.
b. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and
storage facilities.
c. Water source for irrigation and general areas to be landscaped and irrigated, including but not
limited to collector and arterial street rights-of-way and open space.
4. Subdivision layout. The proposed layout of the subdivision showing the approximate:
a. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for each
block, tract and lot.
b. Street location, right-of-way width, and name.
c. Easement location, width and purpose.
d. Sites to be dedicated or reserved as park, common open space or other public areas, with
boundaries, dimensions and areas.
e. Sites for commercial centers, churches, schools, industrial areas, multi-household units,
manufactured housing community and uses other than single-household residences.
5. Development plan. An overall development plan indicating future development of the remainder of the
tract, if the tract is to be developed in phases.
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6. Name and location. A title block indicating the proposed name, quarter-section, section, township,
range, principal meridian and county of subdivision.
7. Notations. Scale, north arrow, name and addresses of owners and developers, and date of preparation.
8. Variances. A list of variance requests which will be submitted with the application for preliminary plat
application.
9. Waivers. A list of waivers requested from the requirements of section 38.220.060 must be submitted
with the pre-application and an explanation of why such information is not relevant or was previously
provided.
10. Parks and recreation facilities. The following information must be provided for all land proposed to
meet parkland dedication requirements:
a. Park concept plan, including:
(1) Site plan for the entire property; and
(2) The zoning and ownership for adjacent properties; and
(3) The location of any critical lands (wetlands, riparian areas, streams, etc.); and
(4) General description of land, including size, terrain, details of location and history, water
features, and proposed activities; and
(5) Description of trails or other recreational features proposed to connect the proposed park
area to other park or open space areas.
b. If the applicant intends to request approval of cash-in-lieu, a response to the cash-in-lieu review
factors established by resolution of the city commission.
11. Affordable housing. Describe any intended use of division 38.380 for creation of affordable housing
with the subdivision.
12. Wildlife. Describe key wildlife habitat issues that may be associated with proposed subdivision. Describe how the subdivision will consider fish and wildlife resources in the course of project design.
Describe subdivision early planning suggestions from local FWP field biologists at FWP regional offices.
This description should consider the following:
a. The species of fish and wildlife designated as species of concern, that use all or part of the project
planning area (proposed subdivision site plus a one-half-mile radius around it) on a year-round,
seasonal, or periodic basis.
b. The proposed subdivision's potential impacts on wildlife and wildlife habitat, both during
construction and at full build-out, taking any applicable fish and wildlife habitat standards into
account.
13. Waivers of right to protest. Include copies of or the recorded document numbers of all existing waivers
of right to protest special improvement districts or maintenance districts which are applicable to the
property proposed to be subdivided.
14. Water rights. Describe how the proposed subdivision intends to satisfy section 38.410.130. Provide
documentation of all water rights appurtenant to the proposed subdivision; e.g. previous payment-in-
lieu of water rights, groundwater certificates, statements of claim, provisional permits, decreed rights,
canal or water users association shares etc.
15. Agricultural water user facilities. Identify the location of all agricultural water user facilities and the
contact information for the facility user/representative per 38.360.280.
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(Ord. No. 2089, § 6, 12-7-2021; Ord. No. 2155, § 3, 5-14-2024)
Sec. 38.220.040. Subdivision preliminary plat.
A. The preliminary plat must be legibly drawn as specified in the application form provided by the community
development department. Where accurate information is required, surveying and engineering data must be
prepared under the supervision of a registered engineer or registered land surveyor, licensed in the state, as
their respective licensing laws allow. The plat submittal must include the following:
1. Pre-application information. All information required with the pre-application plan, as outlined in
section 38.220.030.
2. Subdivision information. Name and location of the subdivision, scale, scale bar, north arrow, date of
preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use
of each lot, if other than for single-household.
3. Subdivision map. Map of entire subdivision as specified on the application form provided by the
community development department.
4. Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements; the width of the
right-of-way, grades and curvature of each; existing and proposed road and street names; and
proposed location of intersections for any subdivision requiring access to arterial or collector streets.
5. Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of adjoining
certificates of survey.
6. Adjoining owners. Names and addresses of record owners of lots and tracts immediately adjoining the
proposed subdivision.
7. Perimeter survey. A survey of the exterior boundaries of the platted tract with bearings, distances, and
curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline
or a body of water, the bearings and distances of a closing meander traverse must be given.
8. Section corner. The approximate location of all section corners or legal subdivision corners of sections
pertinent to the subdivision boundary.
9. Phased improvements. If the required improvements are to be completed in phases after the final plat
is filed, the approximate area of each phase must be shown on the plat. If a phase depends on
improvements not included within the geographic area of a phase, or if timing of construction of
improvements is separate from the timing of construction of that phase, those improvements and
associated phases must be identified.
10. Contours. Ground contours must be provided for the tract according to the following requirements:
Table 38.220.040
Where the average slope is: Contour intervals must be:
Under 10 percent 2 feet (if all lots are over one acre in size, five feet
intervals may be used)
Between 10 and 15 percent 5 feet
Greater than 15 percent 10 feet
11. Waivers. List of waivers granted from the requirements of section 38.220.060 during the pre-
application process must be submitted with the preliminary plat application.
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12. Request for exemption from department of environmental quality review. If the developer is proposing
to request an exemption from the department of environmental quality for infrastructure plan and
specification review, the preliminary plat application must include a written request from the
developer's professional engineer, licensed in the state, that indicates the intent to request the
exemption, and details the extent of water, sewer and stormwater infrastructure that will be
completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be
submitted with the written request.
13. Sanitation information. When the subdivision does not qualify for the certification established in
section 38.240.170 the subdivider must provide the information regarding sanitation set forth in MCA
76-3-622.
B. The following information must be submitted along with the preliminary plat.
1. Area map. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and
roads.
2. Non-compliance with standards.
a. Variances. Provide a written statement describing any requested subdivision variance and the
facts of hardship upon which the request is based (refer to division 38.250 of this chapter).
b. All others. Provide a written statement: describing any intended departure, deviation,
modification, non-compliance or alternative compliance to any standard applicable to a subdivision review; providing a BMC citation to the authority authorizing the non-compliance;
and providing the applicable criteria of review.
3. Noticing materials required by section 38.220.420.
4. Documents and certificates. Draft copy of the following documents, and certificates to be printed on or
to accompany the preliminary plat:
a. Covenants, restrictions and articles of incorporation for the property owners' association if
covenants are proposed to ensure compliance with regulatory standards.
b. Encroachment permits or a letter indicating intention to issue a permit where new streets,
easements, rights-of-way or drive aisles intersect state, county or city highways, streets or roads.
c. A draft of such other appropriate certificates.
d. Provision for maintenance of all streets (including emergency access), open spaces to meet
requirements of division 38.420 or section 38.410.040, storm water facilities, and other
improvements not dedicated to the public.
5. Street profile sheets. Profile sheets for street grades greater than five percent.
6. Landscaping and irrigation.
a. Proof of compliance with water conservation standards outlined in the most recent version of the
City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and
sections 38.550.050.D. and 38.550.070 of this Code.
7. Application and fee. Completed preliminary plat application form, with the original signatures of all
owners of record or their authorized representatives, and the required review fee. If an authorized
representative signs on behalf of an owner of record, a copy of the authorization must be provided.
(Ord. No. 2048, § 1, 9-17-2020; Ord. No. 2089, § 7, 12-7-2021; Ord. No. 2155, § 4, 5-14-2024)
Editor's note(s)—See the editor's note to § 38.220.050.
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Sec. 38.220.050. Reserved.
Ord. No. 2089, § 7, Dec. 7, 2021, renumbered § 38.220.050, preliminary plat supplements required for all
subdivisions, as subsection 38.220.040.B. The historical notations have been retained with the amended
provisions for reference purposes.
Sec. 38.220.060. Documentation of compliance with adopted standards.
A. The following information must be provided with all subdivision preliminary plat applications in order to
document compliance with adopted development standards unless waived by the development review
committee during the pre-application process per section 38.240.110. The developer must include
documentation of any waivers granted by the city after the pre-application review. Additional relevant and
reasonable information may be required to adequately assess whether the proposed subdivision complies
with this chapter, the Montana Subdivision and Platting Act, and other applicable standards.
1. Surface water.
a. Mapping. Locate on a plat overlay or sketch map all surface waters and the delineated floodplain
which may affect or be affected by the proposed subdivision including:
(1) Natural water systems such as natural streams, creeks, stream/ditches, drainages,
waterways, gullies, ravines or washes in which water flows either continuously or
intermittently and has a definite channel, bed and banks.
(2) Artificial water systems such as canals, ditches, ditch/streams, aqueducts, reservoirs,
irrigation or drainage systems.
b. Description.
(1) Describe all surface waters which may affect or be affected by the proposed subdivision
including name, approximate size, present use and time of year when water is present.
(2) Describe proximity of proposed construction (such as buildings, sewer systems, streets) to
surface waters.
c. Water body alteration. Describe any existing or proposed streambank or shoreline alterations or
any proposed construction or modification of lake beds, watercourses or irrigation ditches.
Provide information on location, extent, type and purpose of alteration. Provide a revised
floodplain analysis report, in compliance with article 6 of this chapter, as appropriate.
d. Wetlands. If the subdivision contains wetlands, as defined in section 38.700.210 of this chapter,
then a delineation of the wetland meeting standards of division 38.610 must be provided and the
location of existing and proposed modifications to wetlands must be shown on an overlay of the
proposed plat.
e. Permits. Include copies of any permits listed in section 38.41.020 that have been obtained for the
project.
2. Floodplains. A floodplain analysis report must be submitted with the preliminary plat in compliance
with division 38.600 of this chapter.
3. Groundwater.
a. Depth. Establish the seasonal minimum and maximum depth to the water table, dates on which
these depths were determined, and the location and depth of all known aquifers which may be
affected by the proposed subdivision. The high water table must be determined from tests taken
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during the period of major concern as specified in writing by the county environmental health
department. Specific locations for test holes may also be determined by the county
environmental health department.
b. Steps to avoid degradation. Describe any steps necessary to avoid the degradation of
groundwater and groundwater recharge areas.
4. Geology; soils; slopes.
a. Geologic hazards. Identify geologic hazards affecting the proposed subdivision which could result
in property damage or personal injury due to rock falls or slides; landslides, mud or snow; surface
subsidence (i.e., settling or sinking); or seismic activity.
b. Protective measures. Explain what measures will be taken to prevent or materially lessen the
danger of future property damage or injury due to any of the hazards referred to in subsection
A.4.a of this section.
c. Unusual features. Provide a statement describing any unusual soil, topographic or geologic
conditions on the property which limit the capability for building or excavation using ordinary
and reasonable construction techniques. The statement should address conditions such as
shallow bedrock, high water table, unstable or expansive soil conditions, and slope. On a map,
identify any slopes in excess of 15 percent grade.
d. Soils map. The subdivision must be overlaid on the county soil survey maps obtained from the Natural Resource and Conservation Service (NRCS). The maps are 1:24,000 in scale. These maps
may be copied without permission. However, enlargement of these maps could cause
misunderstanding of the detail of mapping. Soils were mapped using a minimum delineation of
five acres, and these soils reports were intended to alert developers to possible problems and the
need for a more detailed on-site investigation. The developer must provide the following soil
reports, which can be obtained from the NRCS:
(1) The physical properties and engineering indexes for each soil type;
(2) Soil limitations for utilities, building and site development, and water features for each soil
type;
(3) Hydric soils report for each soil type. If hydric soils are present, the developer must provide
a wetlands investigation by a certified consultant, per division 38.610; and
(4) The developer must provide any special design methods planned to overcome the above
limitations.
e. Cuts and fills. Describe the location and amount of any cut or fill three or more feet in depth.
These cuts and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are
necessary, describe any plans to prevent erosion and to promote revegetation such as
replacement of topsoil and grading.
5. Vegetation.
a. Vegetation map. On a plat overlay identify critical plant communities such as stream bank or
shoreline vegetation; vegetation on steep, unstable slopes; and vegetation on soils highly
susceptible to wind or water erosion.
b. Protective measures. Describe measures to preserve trees and critical plant communities (e.g.,
design and location of streets, lots and open spaces).
c. Noxious weed management and revegetation plan. Noxious weeds must be controlled in all
developments as directed by the county weed control district (district) in accordance with the
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Montana County Noxious Weed Control Act (MCA 7-22-21). The developer must have any
noxious weeds identified and their location mapped by a person with experience in weed
management and knowledgeable in weed identification. A noxious weed management and
revegetation plan approved by the district for control of noxious weeds must be submitted with
the preliminary plat application. This plan must ensure the control of noxious weeds upon
preliminary plat approval and the revegetation of any land disturbed during the construction of
subdivision improvements.
6. Wildlife.
a. Species. Describe any endangered species or species of concern which use the area affected by
the proposed subdivision.
b. Critical areas. Identify on a plat overlay of the proposed subdivision any known critical, significant
or "key" wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare
or endangered species or wetlands.
c. Public access. Describe the effects on public access to public lands, trails, hunting or fishing areas.
d. Protective measures. Describe any proposed measures to protect or enhance wildlife habitat or
to minimize degradation (e.g., keeping building and streets back from shorelines, setting aside
wetlands as undeveloped open space).
e. Discussion of impact; documentation. The developer must discuss the impact of the proposed development on fish and wildlife with the state department of fish, wildlife and Parks (FWP).
With the preliminary plat application, the developer must provide written documentation from
FWP that:
(1) Verifies that FWP has reviewed the proposed plat;
(2) Lists any FWP recommendations; and
(3) Outlines any mitigation planned to overcome adverse impacts.
7. Agriculture. When a proposed development is adjacent to land used for agricultural production.
a. What measures will be taken, if any, to control family pets.
b. Fencing of agricultural land. Describe any existing fence lines around the development boundary
which protect agricultural lands under an ownership other than of the developer, and describe
any measure which will be taken to ensure that the owners of the development will share with
the owner of the agricultural lands in the continued maintenance of the fence.
8. Agricultural water user facilities.
a. Type, description, ownership and users of facilities per sections 38.360.280 and 38.410.060.
b. Written documentation demonstrating active use of facilities, for example the delivery of non-
potable water supplies for irrigation, conversion to stormwater facilities, or other use. If a facility
is not being actively used nor intended to be used in the future, include a written plan for
discontinuance including all documentation required pursuant to Montana Law.
c. Describe any proposed realignment. All realignments must comply with all relevant requirements
of Montana law.
d. Information from the owner(s) of the facility concerning the proposed use or discontinuance of
the facility.
9. Water and sewer. Provide an engineering design report and/or other documentation demonstrating
that adequate water distribution systems and capacity, and sewage collection and disposal systems
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and capacity, exists or will be provided to serve the proposed subdivision consistent with the city's
adopted design standards and chapter 40.
a. Water rights. Describe how the proposed subdivision intends to satisfy section 38.410.130.
Provide documentation of all water rights appurtenant to the proposed subdivision; e.g. previous
estimates or actual payment-in-lieu of water rights, certified well logs, decrees or adjudications,
etc.
b. The information needed to demonstrate proposed compliance with division 38.270. Special care
is needed when concurrent construction is proposed.
10. Stormwater management. A stormwater management plan meeting the requirements of section
40.04.700 and the city's adopted stormwater master plan.
11. Streets, roads and alleys.
a. Description. Describe any proposed new public or private streets, roads or alley, or substantial
improvements of existing public or private streets, roads or alleys. The developer must
demonstrate that the land to be subdivided has access onto a legal street and the future streets
will be consistent with the city's adopted design standards, article 34.4, the long range
transportation plan, and other relevant standards
b. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and pedestrian pathways,
lanes or routes to be developed with the development.
c. Access to arterial. Discuss whether any of the individual lots or tracts have access directly to
arterial streets or roads, and if so, the reason access was not provided by means of a street
within the subdivision and how the access complies with section 38.400.090.
d. Modification of existing streets, roads or alleys. Explain any proposed closure or modification of
existing streets, roads or alleys.
e. Dust. Describe provisions considered for dust control on alleys.
f. Pollution and erosion. Explain how street, road and alley maintenance will be provided to meet
the department of environmental quality guidelines for prevention of water pollution and
erosion and who is proposed to provide the required maintenance.
g. Traffic generation. Discuss how much daily traffic will be generated on existing local and
neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the
following information:
(1) The report format must be as follows:
(a) Trip generation, using the Institute of Transportation Engineers Trip Generation
Manual;
(b) Trip distribution;
(c) Traffic assignment;
(d) Capacity analysis;
(e) Evaluation; and
(f) Recommended access plan, including access points, modifications, and any
mitigation techniques if level of service does not meet level of service standard.
(2) The report must include the following information:
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(a) Land use and trip generation in the form of a table of each type of land use, the
number of units or square footage, as appropriate, the trip rates used (daily
and peak) and resulting trip generation.
(b) Traffic graphics, which show:
(i) A.M. peak hour site traffic;
(ii) P.M. peak hour site traffic;
(iii) A.M. peak hour total traffic;
(iv) P.M. peak hour total traffic; and
(v) Total daily traffic (with site-generated traffic shown separately).
(c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour capacity
analysis provided for:
(i) All major drive accesses that intersect collector or arterial streets or
roads; and
(ii) All arterial-arterial, collector-collector and arterial-collector intersections
within one-half mile of the site, or as required by the city engineer during
the pre-application review, concept plan review, or informal project
review.
(d) For two-way stop controlled intersections, analysis of whether the intersection would satisfy signalization warrants if the two-way stop control was removed.
h. Capacity. Indicate the levels of service (before and after development) of existing and proposed
streets and roads, including appropriate intersections, to safely handle any increased traffic.
Describe any anticipated increased maintenance that will be necessary due to increased traffic
and who will pay the cost of maintenance.
i. Traffic calming. Detailed drawings of any proposed traffic calming installations, including
locations and turning radius templates.
j. The information needed to demonstrate proposed compliance with division 38.270. Special care
is needed when concurrent construction is proposed.
12. Non-municipal utilities. The developer must submit a copy of the subdivision plat to all relevant utility
companies. With the preliminary plat, the developer must provide written documentation of the
following:
a. Affected utilities. Indicate which affected utilities the subdivision plat has been submitted to for
review, and include a copy of responses.
b. The developer must provide a written statement from the utility companies that the proposed
subdivision can be provided with service.
c. Non-municipal utility locations shall be coordinated with locations of municipal utilities.
13. Land use.
a. Indicate the proposed use and number of lots or spaces in each:
(1) Residential area, single-household;
(2) Residential area, multiple-household. Types of multiple-household structures and numbers
of each (e.g., two or four unit structures);
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(3) Condominium (number of units);
(4) Recreational vehicle park;
(5) Commercial or industrial; and
(6) Other (please describe).
14. Parks and recreation facilities. The following information must be provided for all land used to meet
parkland dedication requirements:
a. Park plan. A park plan, including:
(1) Site plan with one-foot contour topographic survey for the entire property; showing
proposed developer installed improvements on the initial park plan and proposed future
improvements on the future park plan, and phasing proposed if any, exact product
specifications are not required;
(2) Drainage areas;
(3) Utilities within, serving, and adjacent to the property;
(4) Existing or proposed utility easements within the property;
(5) The location of any critical lands (wetlands, riparian areas, streams, etc.) and location of
watercourse setbacks and any permits from non-city agencies required to execute the
proposed plan;
(6) Park conceptual landscaping plan, prepared by a qualified landscape professional in accordance with section 38.220.100 unless the parks department has adopted an alternate
plan standard, showing the location and specific types and species of plants, shrubs, trees
as well as grass seed mixes;
(7) General description of land, including size, terrain, details of location and history, water
features, and proposed activities;
(8) Trail design and construction showing compliance with adopted city standards and trail
classifications;
(9) Appropriate sections from the design guidelines for city parks;
(10) Cost estimate, installation phasing and responsibility, and maintenance plan tasks and
responsibility for custom features or atypical designs;
(11) If playground equipment will be provided with initial installation by the subdivider,
information including the manufacturer, installation data and specifications, installer, type
of fall zone surfacing and age group intended for use; otherwise a general identification of
proposed function;
(12) Soils information and analysis;
(13) A description of how the proposed park plan is consistent with the goals of the city's
current long range plan for parks;
(14) A description of how the proposed park will meet the recreational needs of the residents of
the development;
(15) The proposed manner of providing irrigation to the park including water source, amount of
water expected to be consumed annually, and proposed manner of transfer of water
facilities and rights to the city; and
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(16) A phase I environmental assessment of the area proposed to be transferred to the city or
property owner's association.
b. Irrigation information.
(1) Irrigation system design compliant with requirements outlined in the most recent version
of the City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual; and
(2) If an existing well will be used for irrigation, a certified well log must be submitted showing
depth of well, gpm, pump type and size, voltage, water rights, etc.
c. Phasing. If improvements will be phased, a phasing plan must be provided including proposed
financing methods and responsibilities.
d. Cash-in-lieu and improvements-in-lieu. If the development includes a proposal for cash-in-lieu or
improvements-in-lieu of park a specific justification responding to the review factors established
by resolution of the city commission. If improvements-in-lieu are proposed specific costs of
proposed improvements and costs to install must be provided.
15. Neighborhood center plan. A neighborhood center plan must be prepared and submitted for all
subdivisions containing a neighborhood center.
16. Lighting plan. The following lighting information must be submitted for all development where lighting
is proposed other than within the street right-of-way:
a. Proposed fixture locations, types, source of power, and demonstration of compliance with city
lighting standards.
b. When requested by the city, the applicant must also submit a visual-impact plan that
demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to
retain the city's character.
c. Post-approval alterations to lighting plans or intended substitutions for approved lighting must
only be made after city review and approval.
17. Miscellaneous.
a. Public lands. Describe how the subdivision will affect access to any public lands. Where public
lands are adjacent to or within 200 feet of the proposed development, describe present and
anticipated uses for those lands (e.g., open space, recreation, etc.), and how public access will be
preserved/enhanced.
b. Hazards. Describe any health or safety hazards on or near the subdivision, such as mining activity
or potential subsidence, high pressure gas lines, dilapidated structures or high voltage power
lines. Any such conditions must be accurately described and their origin and location identified.
List any provisions that will be made to mitigate these hazards. Also describe any on-site or off-
site land uses creating a nuisance.
c. Wildlands-urban interface. Describe the subdivision's location within or proximity to the
wildlands-urban interface (WUI) and ember zone designated by the most recent city-adopted
hazard mitigation plan. Describe any hazard from the subdivision's proximity to the WUI. List any
provisions that will be used to mitigate these hazards and reduce structure ignitability.
18. Affordable housing. Describe how the subdivision will integrate with division 38.380. The description
must be of adequate detail to clearly identify those lots complying with division 38.380 requirements
and to make the obligations placed on the affected lots readily understandable.
a. On all lots intended to comply with division 38.380, the building envelope must be depicted.
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19. A description of how the proposed subdivision advances the adopted growth policy.
(Ord. No. 2089, § 8, 12-7-2021; Ord. No. 2155, § 5, 5-14-2024)
Sec. 38.220.070. Final plat.
A. The following materials must be provided with each application for final plat approval. Materials must be
provided in the number of copies and form established by the director of community development.
1. The developer must submit with the application for final plat review and approval, a written narrative
stating how each of the conditions of preliminary plat approval and noted code provisions or other
demonstrations of compliance with standards have been satisfactorily addressed. This narrative must
be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in
the submittal.
2. A letter from the city engineer certifying that the following documents have been received:
a. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public
improvements, including a complete grading and drainage plan; and/or
b. Approved and executed concurrent construction plan or improvements agreement.
c. Copy of the state highway access or encroachment permit where a street created by the plat will
intersect with a state highway.
3. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding must be entered
into by the weed control district and the developer. The memorandum of understanding must be
signed by the district and the developer prior to final plat approval, and a copy of the signed document
must be submitted to the community development department with the application for final plat
approval.
4. Final park plan. For all land used to meet parkland dedication requirements, a final park plan must be
submitted to the city for review and approval prior to final plat. The final park plan must include all of
the information listed in section 38.220.060.A.14 and must include evidence of compliance with the
installation requirements of division 38.270. The final park plan irrigation system must comply with
requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual.
5. Landscape and irrigation plans.
a. Rights-of-way. For all collector and arterial rights-of-way land proposed to be landscaped and
irrigated, a detailed landscape and irrigation plan must be submitted for review and approval
prior to final plat or installation, whichever occurs first. The detailed landscape and irrigation plan
must comply with water conservation standards outlined in the most recent version of the City of
Bozeman Landscape and Irrigation Performance and Design Standards Manual and 38.550.050.D
and 38.550.070, and must comply with the installation requirements of division 38.270.
b. Open space. For all open space land proposed to be landscaped and irrigated, a final landscape
and irrigation plan must be submitted for review and approval prior to final plat or installation,
whichever occurs first. The detailed landscape and irrigation plan must comply with water
conservation standards outlined in the most recent version of the City of Bozeman Landscape
and Irrigation Performance and Design Standards Manual, 38.550.070, and must comply with the
installation requirements of division 38.270.
6. Irrigation system record drawings. The developer must provide irrigation system as-builts, for all
irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements,
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once the irrigation system is installed. The record drawings must, at a minimum, include the exact
locations and type of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box.
7. Affordable housing. If the plat has used the provisions of division 38.380, the developer must provide a
description of how the subdivision has complied with division 38.380. The description must be of
adequate detail to clearly identify those lots designated as subject to division 38.380 compliance
requirements and to make the obligations placed on the affected lots readily understandable.
8. Conditions of approval. A sheet(s) of the plat depicting conformance with subdivision application
approval must be submitted as set forth in 24.183.1107 ARM as may be amended and as required by
the county clerk and recorder, and must:
a. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including
the quarter-section, section, township, range, principal meridian, county, and, if applicable, city
or town in which the subdivision is located.
b. Contain any text and/or graphic representations of requirements by the governing body for final
plat approval including, but not limited to, setbacks from streams or riparian areas, floodplain
boundaries, no-build areas, building envelopes, or the use of particular parcels.
c. Include a certification statement by the landowner that the text and/or graphics shown on the
conditions of approval sheet(s) represent(s) requirements by the governing body for final plat
approval and that all conditions of subdivision application have been satisfied.
d. Include a notation stating that the information shown is current as of the date of the
certification, and that changes to any land-use restrictions or encumbrances may be made by
amendments to covenants, zoning regulations, easements, or other documents as allowed by law
or by local regulations.
e. Include a notation stating that buyers of property should ensure that they have obtained and
reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat,
and that buyers of property are strongly encouraged to contact the local community
development department and become informed of any limitations on the use of the property
prior to closing.
f. List all associated recorded documents and recorded document numbers.
g. Include a tabulation of parkland credit for the entire subdivision and attributed to each lot.
h. Include a tabulation of open space.
i. List easements, including easements for agricultural water user facilities.
j. Include a notation stating that topsoil depth and topsoil quality requirements must be met on all
future subdivided lots prior to installation of landscaping and irrigation, as outlined in the most
recent version of the City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual.
9. Documents. The following documents must accompany the final plat:
a. A subdivision guarantee per MCA 76-3-612;
b. Any covenants or deed restrictions relating to the subdivision;
c. The security required pursuant to section 38.270.060, securing the future construction of any
remaining private or public improvements to be installed;
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d. Unless otherwise provided in this chapter, copies of final plans, profiles, grades, and
specifications for improvements, including a complete grading and drainage plan, with the
certification of a professional engineer that all required improvements which have been installed
are in conformance with the attached plans. The subdivider must file copies of final plans,
profiles, grades, and specifications for improvements, including a complete grading and drainage
plan, with the certification of a professional engineer that all required improvements which have
been installed are in conformance with the attached plans, with the city engineering division, and
the city parks department. A statement must be included on the conditions of approval sheet
stating where the plans can be obtained;
e. If a street, alley, avenue, road, or highway created by the plat will intersect with a state or federal
right-of-way, a copy of the access or encroachment permit;
f. A subdivision guarantee for any off-site land intended to satisfy park dedication requirements.
The subdivision guarantee must be dated no earlier than 30 calendar days prior to submittal;
g. Any deeds and real estate transfer certificate, or other documents for transfer of land and/or
improvements to the city or the property owners' association or other entity;
h. Any deeds or documents for transfer of water rights; including but not limited to all required
state department of natural resources and conservation documentation, e.g. ownership update
form, permit, groundwater certificate and/or change authorization; and
i. Any other documents satisfying subdivision application approval required by the governing body
to be filed or recorded.
10. For non-public improvements, the developer must provide certification by the architect, landscape
architect, engineer or other applicable professional that all improvements, including, but not limited
to, landscaping, irrigation, ADA accessibility requirements, private infrastructure, and other required elements were installed in accordance with the approved plans and specifications, or plat as applicable,
unless a waiver of certification in whole or part is explicitly approved by the DRC.
(Ord. No. 2089, § 9, 12-7-2021; Ord. No. 2155, § 6, 5-14-2024)
Sec. 38.220.080. Site plan submittal requirements.
A. Applications for all site plan approvals must be submitted to the community development department on
forms provided by the community development director.
1. General information.
a. Complete, signed application including the following:
(1) Name of project/development;
(2) Location of project/development by street address and legal description;
(3) Name and mailing address of developer and owner;
(4) Name and mailing address of engineer/architect, landscape architect, irrigation designer,
and/or planner;
(5) Listing of specific land uses being proposed; and
(6) A statement signed by the owner of the proposed development of their intent to comply
with the requirements of this Code and any conditions considered necessary by the
approval body;
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b. Location map, including area within one-half mile of the site;
c. List of names and addresses of property owners' according to division 38.220 of this chapter;
d. For all developments, excluding sketch and reuse/further development, a construction route map
must be provided showing how materials and heavy equipment will travel to and from the site.
The route must avoid, where possible, local or minor collector streets or streets where
construction traffic would disrupt neighborhood residential character or pose a threat to public
health and safety.
2. Site plan information. The following information is required whenever the requested information
pertains to zoning or other regulatory requirements of this chapter, existing conditions on-site or
conditions on-site which would result from the proposed development:
a. Boundary line of property with dimensions;
b. Date of plan preparation and changes;
c. North point indicator;
d. Suggested scale of one inch to 20 feet, but not less than one inch to 100 feet;
e. Parcel and site coverage information:
(1) Parcel size in gross acres and square feet;
(2) Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio,
FAR), with a breakdown by land use; and
(3) Location, percentage of parcel and total site, and square footage for the following:
(a) Existing and proposed buildings and structures;
(b) Driveway and parking;
(c) Open space and/or landscaped area, recreational use areas, public and
semipublic land, parks, school sites, etc.; and
(d) Public street right-of-way;
f. Total number, type and density per type of dwelling units, and total net and gross residential
density and density per residential parcel;
g. Location, identification and dimension of the following existing and proposed data, on-site and to
a distance of 100 feet (200 feet for PUDs) outside site plan boundary, exclusive of public rights-
of-way, unless otherwise stated:
(1) Topographic contours at a minimum interval of two feet, or as determined by the
community development director;
(2) Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent
to major arterial streets where the distances must be 200 feet;
(3) On-site streets and rights-of-way;
(4) Ingress and egress points;
(5) Traffic flow on-site;
(6) Traffic flow off-site;
(7) Utilities and utility rights-of-way or easements:
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(a) Electric;
(b) Natural gas;
(c) Telephone, cable TV, optic fiber, and similar utilities;
(d) Water; and
(e) Sewer (sanitary, treated effluent and storm);
(8) Surface water, including:
(a) Holding ponds, streams and irrigation ditches;
(b) Watercourses, water bodies and wetlands;
(c) Floodplains as designated on the federal insurance rate map or that may
otherwise be identified as lying within a 100-year floodplain through additional
floodplain delineation, engineering analysis, topographic survey or other
objective and factual basis; and
(d) A floodplain analysis report in compliance with article 6 of this chapter if not
previously provided with subdivision review;
(9) Grading and drainage plan, including provisions for on-site retention/detention and water
quality improvement facilities as required by the engineering department, or in compliance
with any adopted storm drainage ordinance or best management practices manual
adopted by the city;
(a) All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways,
reservoirs, etc., which may be incorporated into the storm drainage system for
the property must be designated:
(i) The name of the drainageway (where appropriate);
(ii) The downstream conditions (developed, available drainageways, etc.); and
(iii) Any downstream restrictions;
(10) Significant rock outcroppings, slopes of greater than 15 percent or other significant
topographic features;
(11) Sidewalks, walkways, drive aisles, loading areas and docks, bikeways, including typical
details and interrelationships with vehicular circulation system, indicating proposed
treatment of points of conflict, a statement requiring lot accesses to be built to the
standard contained in this section, the city design standards and specifications policy, and
the city modifications to state public works standard specifications;
(12) Provision for handicapped accessibility, including, but not limited to, wheelchair ramps,
parking spaces, handrails and curb cuts, including construction details and the applicant's
certification of ADA compliance;
(13) Fences and walls, including typical details;
(14) Exterior signs;
(15) Exterior refuse collection areas, including typical details;
(16) A site plan, complete with all structures, parking spaces, building entrances, traffic areas
(both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent
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uses, containing a layout of all proposed fixtures by location and type. The materials
required in section 38.220.060.A.18, if not previously provided;
(17) Curb, asphalt section and drive approach construction details;
(18) Landscaping and irrigation (detailed plan showing plantings, irrigation layout, and other
relevant information as required in section 38.220.100);
(19) Unique natural features, significant wildlife areas and vegetative cover, including existing
trees and shrubs having a diameter greater than two and one-half inches, by species;
(20) Snow storage areas;
(21) Location of city limit boundaries, and boundaries of Gallatin County's Bozeman Area Zoning
Jurisdiction, within or near the development;
(22) Existing zoning within 200 feet of the site;
(23) Historic, cultural and archaeological resources, describe and map any designated historic
structures or districts, and archaeological or cultural sites; and
(24) Major public facilities, including schools, parks, trails, etc.;
h. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks,
compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of
employee and nonemployee parking spaces, existing and proposed, and total square footage of
each;
i. The information required by section 38.220.060.A.12, subject to the following exceptions:
(1) Such information was previously provided through a subdivision review process; or
(2) The provision of such information was waived in writing during subdivision review of the
land to be developed; or
(3) The provision of such information is waived in writing by the city engineer prior to submittal of a preliminary site plan application; or
(4) The application for site plan approval involves the redevelopment of property located
within the city's established neighborhood conservation overlay district. In such cases, the
city may require the property owner to sign a waiver of right to protest creation of a special
improvement district, or other form of agreement, assuring participation, on a fair share,
pro-rata basis, in future improvements to intersections in the vicinity of the development
proposal; or
(5) The application for site plan approval involves the adaptive reuse of an existing building,
regardless of its location within the city, or the redevelopment of a property located within
one of the city's urban renewal districts. In cases where an existing building or complex of
buildings is to be torn down and replaced with a larger building or complex of buildings, the
city engineer may require the information described in section 38.220.060.A.12 to evaluate
the additional traffic impacts resulting from development of the larger building or complex
of buildings;
j. Building design information (on-site):
(1) Building heights and elevations of all exterior walls of the building or structure;
(2) Height above mean sea level of the elevation of the lowest floor and location of lot outfall
when the structure is proposed to be located in a floodway or floodplain area;
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(3) Floor plans depicting location and dimensions of all proposed uses and activities; and
(4) All on-site utilities and mechanical equipment;
k. Description and mapping of soils existing on the site, accompanied by analysis as to the suitability
of such soils for the intended construction. Soil in proposed landscaping areas must comply with
requirements outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual;
l. Temporary facilities plan showing the location of all temporary model homes, sales offices and/or
construction facilities, including temporary signs and parking facilities;
m. Unless already provided through a previous subdivision review, a noxious weed control plan
complying with section 38.220.050; and
n. Drafts of applicable supplementary documents as set forth in division 38.220 of this chapter;
o. The information necessary to complete the determination of density change and parkland
provision required by section 38.420.020.B, unless such information was previously determined
by the city to be inapplicable and written confirmation is provided to the applicant prior to
submittal of a preliminary site plan application. If a new park will be created by the development
the park plan materials of section 38.220.060.A.16, must be provided;
p. Affordable housing. Describe how the site plan will satisfy any requirements of division 38.380
which have either been established for that lot through the subdivision process or if no subdivision has previously occurred are applicable to a site plan. The description must be of
adequate detail to clearly identify those lots and dwellings designated as subject to division
38.380 compliance requirements and to make the obligations placed on the affected lots and
dwellings readily understandable;
q. Phased site plans:
(1) A phasing plan showing the location of phase boundaries and that each phase will be fully
functional if subsequent phases are not completed;
(2) A utilities plan showing that each phase will be able to be fully functional if subsequent
phases are not completed;
(3) A revegetation and grading plan showing how disturbed areas will be revegetated to
control weeds and site grading and drainage control will be maintained as phased
construction proceeds;
(4) If the applicant intends for multiple phases to be under construction simultaneously,
evidence of financial commitment from the project lender for the completion of all phases
to be undertaken at once. Evidence of financial commitment may be provided at the time
the building permits for the multiple phases are sought.
r. When section 38.420.020 requires parkland dedication in association with a site plan, and cash-
in-lieu of parkland will not be provided, the materials required by section 38.220.060.A.16.
(Ord. No. 2155, § 7, 5-14-2024)
Sec. 38.220.090. Certificates of appropriateness; additional application requirements, review
procedures and review criteria.
A. Submittal requirements for certificates of appropriateness. All development proposals requiring certificates
of appropriateness (e.g., located in a neighborhood conservation district or historic property/structure) must
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submit the following information in addition to any sketch plan, site plan or special development submittal
requirements for the proposal:
1. Neighborhood conservation overlay district and historic property/structures. Certain information must
be provided to the appropriate review authority to review prior to granting or denying a certificate of
appropriateness. The extent of documentation to be submitted on any project is dictated by the scope
of the planned alteration and the information reasonably necessary for the appropriate review
authority to make its determination. At a minimum, the following items must be included in the
submission:
a. Completed application on form provided by the community development department;
b. One current picture of each elevation of each structure planned to be altered and such additional
pictures of the specific elements of the structure or property to be altered that will clearly
express the nature and extent of change planned. Except when otherwise recommended, no
more than eight pictures may be submitted and all pictures must be mounted on letter-size
sheets and clearly annotated with the property address, elevation direction (N, S, E, W) and
relevant information;
c. Sketch plan or site plan information, as per section 38.230.070 or 38.230.080;
d. Historical information, including available data such as pictures, plans, authenticated verbal
records and similar research documentation that may be relevant to the planned alteration;
e. Materials and color schemes to be used;
f. Plans, sketches, pictures, specifications and other data that will clearly express the applicant's
proposed alterations;
g. A schedule of planned actions that will lead to the completed alterations;
h. Description of any applicant-requested deviation and a narrative explanation as to how the requested deviation will encourage restoration and rehabilitation activity that will contribute to
the overall historic character of the community;
i. An illustration showing all internal and external elements of a structure to be removed or altered
by a project. All elements to be removed or altered, and to what extent, must be clearly
identified and must include those elements to be removed and reinstalled;
j. If demolition of a historic structure, as defined in article 7 of this chapter, is proposed a structural
analysis and cost estimates indicating the costs of repair and/or rehabilitation to bring the
structure to a habitable condition as established by the applicable technical codes in Article
10.02, versus the costs of demolition and redevelopment. Analysis must include cost estimates
from more than one general contractor for the work. The cost comparison is between the cost to
rehabilitate the structure to a condition which meets the building code standard for occupancy
and demolition and construction of a new structure of the same type and scale to building code
standards.
k. If a building is claimed to be unsafe evidence to support that claim;
l. For any nonconforming structure, an analysis of demolition to determine whether the threshold
for loss of protected nonconforming status per section 38.280.040.B has been met or surpassed;
and
m. Such other information as may be required by the community development department.
2. It is further suggested that the applicant seek comments from the neighborhood or area.
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Sec. 38.220.100. Submittal requirements for landscape and irrigation plans.
A. Landscape and irrigation requirements apply to a lot or site subject to plan review and approval outlined in
division 38.230 of this chapter. A separate landscape and irrigation plan must be submitted as part of the site
plan application. The landscape and irrigation plan must comply with requirements outlined in the most
recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
B. Preparation of landscape plan. Landscape plans must be signed by one of the following qualified landscape
professionals:
1. A state-registered landscape architect;
2. An individual with a degree in landscape design and two years of professional design experience in the
state; or
3. An individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and at
least five years of professional landscape design experience, of which two years have been in the state.
C. Preparation of an irrigation plan. Irrigation plans must be signed by one of the following qualified irrigation
professionals:
1. A state-registered landscape architect with irrigation credentials;
2. A certified irrigation designer;
3. A licensed or certified irrigation contractor; or
4. An individual with the requisite skills and experience to design an irrigation system. The director may
establish standards for the types of skills and experience required to qualify under this subsection.
D. Contents of landscape plan. A landscape plan required pursuant to this chapter must contain the following:
1. Property and project information:
a. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property
owner and the person preparing the plan;
b. Location of existing boundary lines and dimensions of the lot;
c. Approximate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100-year floodplain; the approximate location of significant drainage features;
and the location and size of existing and proposed streets and alleys, utility easements, utility
lines, drive aisles and sidewalks on the lot and/or adjacent to the lot;
d. Project name, street address, and lot and block description;
e. Location, height and material of proposed screening and fencing (with berms to be delineated by
one foot contours);
f. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer
strips;
g. Complete illustration of landscaping and screening to be provided in or near off-street parking
and loading areas, including information as to the amount (in square feet) of landscape area to
be provided internal to parking areas and the number and location of required off-street parking
and loading spaces;
h. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water
features;
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i. Location of street vision triangles on the lot (if applicable);
j. Designated snow removal storage areas;
k. Location of pavement, curbs, sidewalks and gutters;
l. Show location of existing and/or proposed drainage facilities which are to be used for drainage
control;
m. Existing and proposed grade;
n. Planting plan for watercourse buffers, per section 38.410.100, if not previously provided through
subdivision review; and
o. Front and side elevations of buildings, fences and walls with height dimensions if not otherwise
provided by the application. Show open stairways and other projections from exterior building
walls.
2. Plant material and soil information:
a. A landscape plan required pursuant to this chapter must include plant material and soil
information requirements outlined in the most recent version of the City of Bozeman Landscape
and Irrigation Performance and Design Standards Manual.
E. Contents of irrigation plan. An irrigation plan required pursuant to this chapter must contain the information
listed in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual.
(Ord. No. 2029, § 1, 12-18-2019; Ord. No. 2155, § 8, 5-14-2024)
Sec. 38.220.110. Sketch plan submittal requirements.
A sketch plan must be drawn to scale and in sufficient detail to demonstrate compliance with the
requirements of this chapter. Sketch plans must be oriented with north at the top of the page and must also show
site boundaries, street and alley frontages with names, street trees, water and sewer service locations, sidewalks,
parking location and size, and location of all structures with distances to the nearest inch or nearest tenth of foot
between buildings and from buildings to property lines.
The landscape and irrigation for a lot or site subject to sketch plan submittal requirements must comply with
applicable requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual.
A Building Permit Landscape and Irrigation Self-Certification Form, as outlined in the most recent version of
the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual must be submitted with
an application for a building permit unless a waiver of certification in whole or part is explicitly approved by the
review authority.
(Ord. No. 2155, § 9, 5-14-2024)
Sec. 38.220.120. Planned development zone general plan and final plan submittal
requirements.
The following information must be presented in a PDZ general development plan for the entire property in
an application for a PDZ rezoning, unless the review authority determines that one or more of the items is not
necessary in light of the size, location, availability of existing services, or information already available to the city
related to the proposed development:
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A. An application form and required application fee;
B. One or more map or drawings showing (1) the existing conditions on-site and within 200 feet of the
project boundary, and (2) the proposed final conditions for each of the following at a concept level of
detail. Final plans, studies, and engineering detail will be required with applications for final
development plans;
1. Site boundaries (with dimensions and legal description);
2. Site topography (including existing features to be retained);
3. Watercourses, wetlands, agricultural water user facilities, irrigation facilities, and floodplain
boundaries;
3. General land uses, including maximum number and unit type of dwelling units and maximum
gross floor area of non-residential land uses for each portion of the property;
4. General lot and street network and access points to arterial and collector streets and current
transit facilities and routes;
5. General locations of trails, bicycle paths, and pedestrian ways;
6. General location of parks and open space network;
7. General landscaping plan for public areas, property boundaries, and proposed street frontages;
8. General storm drainage retention/detention areas, and stormwater design plan;
9. General locations of major water and sewer line locations and utility easements; and
10. General phasing sequence and boundaries;
C. A map identifying a reference base district for each portion of the PDZ property, and a narrative
explanation of any standards in each respective reference base district requested by the applicant that
are to be adjusted or waived in that area, the extent of adjustment or waiver requested, and any non-
standard uses proposed to be included;
D. Acknowledgement that any reference base district standards or other standard not explicitly modified
by the PDZ is subject to change if the reference base district is amended;
E. If phasing of development is proposed, a separate phasing plan with phases clearly identified;
F. An explanation of the proposed land use and development density or intensity for each portion of the
site and a calculation of each proposed land use as a percent of total site area; and
G. Any additional information needed to confirm that the application meets the eligibility requirements in
section 38.430.050.A through E for the type of PDZ being requested, as determined by the review
authority.
H. The general or final plan must include revised documents necessary to demonstrate how the general
and final plan addresses previous review comments and conditions of approval of the general plan and
a written narrative stating how each of the conditions of approval and noted code provisions or other
demonstrations of compliance with standards have been satisfactorily addressed. This narrative must
be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in
the submittal.
I. The final plan must clearly identify the standards established through the PDZ that differ from the
reference base district. The final plan must acknowledge in writing that any reference base district
standard not explicitly established through the PDZ is subject to amendment and revision as the
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reference base district is amended. If the base district is later removed from the municipal code the
city will apply the district which by the city's determination is the most similar district.
(Ord. No. 2104, § 5, 9-27-2022)
Ord. No. 2104, § 5, adopted Sep. 27, 2022, amended § 38.220.010, and in so doing changed the title of said section
from planned unit development submittal requirements to read as set out herein.
Sec. 38.220.130. Submittal materials for regulated activities in wetlands.
A. All parties applying for activity permits proposing action affecting federal, state or city regulated wetlands,
watercourses and/or buffers within the city limits must submit the following information:
1. A wetland and watercourse delineation report must be submitted to the city for all projects, if aquatic
resources are present. When required to determine applicability and scope of wetland location and
function the delineation shall go beyond the bound-ary of the property. If no aquatic resources are
present, a letter must be submitted to the city stating that there are no water resources within the
subject property.
a. This wetland and watercourse delineation report must include, but not be limited to, the
following:
(1) Wetland and watercourse descriptions;
(2) Functional assessment, as determined by a state-accepted functional assessment method,
i.e., Montana Department of Transportation (Berglund and McEldowney 2008 as amended)
or Montana Department of Environmental Quality (Apfelbeck and Farris 2005 as amended);
(3) Wetland types, as determined by a state-accepted functional assessment method (i.e.,
Cowardin et al 1979 as amended);
(4) Wetland acreages (by a licensed surveyor);
(5) Maps with property boundaries, wetland and watercourse boundaries and acreages; and
(6) Wetland data forms (U.S. Army Corps of Engineers data forms).
2. If activities are planned in and/or adjacent to aquatic resources the following information is required:
a. A site plan which shows the property boundary; delineated wetland and watercourse
boundaries; buffer boundaries; and all existing and proposed structures, roads, trails, and
easements. The site plan will include a table of existing wetland functional ratings and acreage,
required buffers and acreage, and linear feet of all watercourses and ditches.
(1) All direct impacts to wetlands, watercourses, and buffers must be highlighted and
summarized in a table on the site plan. The water resource and buffer summary table must
include wetland/watercourse identification number; corresponding buffer width and
acreage; total site, wetland, watercourse, ditch, and buffer acreages; jurisdictional status;
impacts to all water resources and buffers; and, mitigation types and acreages.
(2) All indirect impacts (e.g., shading from boardwalks or public utility well drawdown) must be
summarized in the document.
b. A map with all proposed mitigation areas and their required buffers. The map must include a
table of mitigation wetland type and acreage and required buffers and acreage and a description
of the functional unit gain of the wetland mitigation (as determined by a state-accepted
functional assessment method).
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c. The source, type and method of transport and disposal of any fill material to be used, and
certification that the placement of fill material will not violate any applicable state or federal
statutes and regulations as listed in section 38.220.020.
d. Copies of the following:
(1) Any Clean Water Act (CWA) section 404 and 401 permits;
(2) Any MT 301 permits;
(3) Any floodplain determinations for the proposed site known to the applicant;
(4) Any other applications, state or federal, for wetlands permits regarding the proposed site;
(5) Any U.S. Army Corps of Engineers jurisdictional determinations regarding wetlands on the
proposed and adjacent site; and
(6) If relevant, any Montana state joint applications for the proposed project site.
e. A completed wetland review checklist.
3. If in the preparation or review of the required submittal materials it is determined that there are
unavoidable impacts to wetlands and/or watercourses that will require a Federal Clean Water Act
permit, then the following information must be submitted to the city for all federal jurisdictional and
city-regulated wetlands (see section 38.700.210 for definition) in a compensatory mitigation report:
a. The descriptive narrative must include, at a minimum:
(1) The name and contact information of the applicant; the name, qualifications, and contact information for the primary author of the compensatory mitigation report; a description of
the proposal; summary of the direct and indirect impacts and proposed mitigation concept;
identification of all the local, state, and federal wetland/stream-related permit required for
the project; and, a vicinity map for the project.
(2) A description of the existing wetland, watercourse and buffer areas that will be impacted including area based on professional surveys; dominant vegetation; and functional
assessments and wetland ratings for the entire wetland and the portions proposed to be
impacted.
(3) An assessment of the potential changes in wetland hydroperiod for the proposed project
and how the design has been modified to avoid, minimize or reduce impacts to the wetland
hydroperiod.
(4) A description of the proposed conceptual mitigation actions for wetland, watercourse and
buffer areas. Provide specifications (including buffers) for all proposed mitigation for
wetland/watercourse/buffer impacts. Include a map with all proposed mitigation areas and
their required buffers.
(5) An assessment of existing conditions in the zone of the proposed mitigation including
vegetation community structure and composition, existing hydroperiod, existing soil
conditions, and existing wetland functions.
(6) Field data that was collected to document the existing conditions of the proposed
mitigation sites and on which the future hydrologic and soil conditions of the mitigation
wetlands are based (e.g., hydrologic conditions: piezometer data, staff/crest gage data,
hydrologic modeling, visual observations; soil conditions: data from hand-dug or
mechanical soil pits or boring results). The applicant may not rely on soil survey data for
establishing existing conditions.
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(7) A planting schedule by proposed community type and hydrologic regime, size and type of
plant material to be installed, spacing of plants, "typical" clustering patterns, total number
of each species by community type, timing of installation, nutrient requirements, watering
schedule, weed control, and where appropriate measures to protect plants from
destruction. Native species must comprise 80 percent of the plants installed or seeded
within the mitigation site. Any irrigation installed in these areas must comply with
requirements outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
(8) The mitigation monitoring plan must include a period of not less than three years, and
establish the responsibility for long-term removal of invasive vegetation.
(9) Wetland mitigation performance criteria (measurable standards reflective of expected
development goals established for each year after the mitigation site is established, i.e., "At
the end of three years there will be an 80 percent survival of the planted shrubs and
trees.") for mitigation wetlands and buffers, a monitoring schedule, reporting requirements
to the city, and maintenance schedule and actions for each year of monitoring.
(10) Contingency plans which clearly define course of action or corrective measures needed if
performance criteria are not met.
b. The scaled plan sheets for the compensatory mitigation must contain, at a minimum:
(1) Existing wetland and buffer surveyed edges; proposed areas of wetland and buffer impacts;
and, location of proposed wetland and buffer compensation action.
(2) Surveyed topography at one- to two-foot contour intervals in the zone of the proposed
compensation actions if any grading activity is proposed in the compensation area. Provide
existing and proposed mitigation design cross section for the wetland and/or buffer
compensation areas.
(3) Required wetland buffers for existing wetlands and proposed mitigation areas;
c. A discussion of ongoing management practices that will protect and maintain the nonimpacted
and mitigation wetland, watercourse and buffer areas in perpetuity.
(Ord. No. 2155, § 10, 5-14-2024)
Sec. 38.220.140. Submittal materials for appeals of administrative project decisions.
A. All appeals of administrative project decisions must include:
1. Name and address of the appellant;
2. The legal description, street address, and project number of the property involved in the appeal;
3. A description of the project that is the subject of the appeal;
4. Evidence that the appellant is an aggrieved person as defined in section 38.700.020;
5. Noticing materials required by section 38.220.420;
6. Required appeal filing fee; and
7. The specific grounds and allegations for the appeal, and evidence necessary to support and justify a
decision other than as determined by the administrative review authority.
(Ord. No. 2048, § 2, 9-17-2020)
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Sec. 38.220.150. Administrative interpretation appeals.
A. All appeals of administrative interpretations must include:
1. Name and address of the applicant;
2. The legal description and street address, and project number of the property, if any, involved in the
appeal;
3. A description of the property, if any, that is the subject of the interpretation appeal including:
a. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of
utilities, as applicable;
b. Location of all existing and proposed buildings; and
c. Drive accesses, drive aisles, access roads, parking spaces, off-street loading areas and sidewalks
as applicable;
4. The names and addresses of the owners of the property and any other persons having a legal interest
therein;
5. Noticing materials required by section 38.220.420;
6. Required filing fee; and
7. Evidence to prove that the decision or action of the official for which an appeal is made was incorrect
or in violation of the terms of this chapter.
(Ord. No. 2048, § 3, 9-17-2020)
Sec. 38.220.160. Submittal materials for variances.
A. An application for a variance must be accompanied by a development plan showing such information as the
community development director may reasonably require for purposes of this chapter. The plans must
contain sufficient information for the commission to make a proper decision on the matter. The request
must state the exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for
a variance. In all cases, the application must include, and will not be deemed filed until all of the following is
submitted:
1. Name and address of the applicant;
2. The legal description of the property involved in the request for variance, including the street address,
if any, of the property;
3. The names and addresses of the owners of the property and any other persons having a legal interest
therein;
4. Noticing materials required by section 38.220.420;
5. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of
utilities, as applicable;
6. Location of all existing and proposed buildings;
7. Drive accesses, drive aisles, access roads, parking spaces, off-street loading areas and sidewalks as
applicable;
8. A clear description of the variance requested and the reasons for the request;
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9. Written justification supporting the criteria of section 38.250.070.C.1, 2, 3 and, when applicable, 4;
10. Evidence satisfactory to the review authority of the ability and intention of the applicant to proceed
with actual construction work in accordance with said plans within six months after issuance of permit;
and
11. Required filing fee.
(Ord. No. 2048, § 4, 9-17-2020)
Sec. 38.220.170. Submittal materials for telecommunications.
A. The following information must be submitted for review of wireless facilities as applicable. Failure to provide
required materials will result in a determination that the application is incomplete and the application will
not be processed.
1. Submittal materials.
Table 38.220.170
Telecommunication Submittal Materials Micro-scale Small-scale Large-scale
A detailed written description of how the applicant has
complied with, or will comply with, the applicable standards of this chapter.
X X X
An accurate photo simulation of the site with the proposed
facility in place. The simulation must be to scale, and depict all
planned and expected antennae, including collocation of other
carriers, on the facility. Landscaping which is not existing or proposed on the accompanying site plan may not be included
in the simulation unless it exists on adjoining properties;
X X X
A statement of whether the proposed facility is exempt or
nonexempt from environmental review under the Rules of the
FCC;
X X X
If the facility is claimed to be exempt, a detailed and specific
citation to the Rules of the FCC indicating the section which
details the relevant exemption provisions must be included. If
the facility is not exempt from environmental review, a copy of
the environmental review must be provided with the
application, and the approval from the FCC for the site must
be provided to the city prior to the final site plan approval;
and
If the facility is claimed to be exempt from environmental
review, a statement must be provided, under oath and
notarized, that the proposed or existing facility does or will
comply with FCC radio frequency emission guidelines for both
general population/ uncontrolled exposures and
occupational/controlled exposures as defined in the FCC rules.
The provision of false information will result in the immediate
revocation of permits or approvals granted upon the basis of
the false information and the cessation of operation of the
offending facilities;
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When the applicant is a wireless service provider, proof that
the applicant is licensed by the FCC to provide the wireless
communication services that the proposed facility is designed
to support, or that licensing by the FCC is not required;
X X X
A report providing a description of the large scale wireless
facility with technical reasons and justification for its design
and placement;
X
A description of the maximum capacity of the large scale
wireless facility as proposed and how the facility can be
retrofitted or modified to accommodate changing user needs;
X
Documentation establishing the structural integrity for the
large scale wireless facility's proposed use including
documented loading calculations for wind, snow and seismic
forces under circumstances of maximum capacity loading
prepared by a professional structural engineer licensed to
practice in the state. Loading criteria will be those set forth in
the edition of the International Building Code most recently
adopted by the city; and
X
A statement of how the collocation requirements of section
38.370.040.B are met.
X
2. In addition to the materials required above, for all large scale wireless facilities 50 feet or greater in
height, the applicant must submit:
a. Propagation studies for the users of the proposed facility, including existing service coverage
maps and whether the placement of the new site will require relocations of existing facilities, or a
description of how and why the proposed site and facility size is required to provide service that
is otherwise unavailable or substantially inadequate or is required for the introduction of a new
service;
b. A statement of intent of how collocation on the facility will be addressed;
c. A statement of willingness to allow collocation at reasonable and customary rates by all
technically feasible providers up to the structural capacity of the tower;
d. An inventory of all surrounding buildings or other structures greater than 50 feet in height within
a radius of one mile of the proposed location with a listing of height and suitability for hosting the
proposed users of the large scale wireless facility;
e. An applicant must demonstrate in writing that there are no available openings on existing
facilities which are feasible and that a new structure is necessary. Such demonstration must
address the criteria in section 38.370.040.B;
f. A detailed explanation of how the large scale wireless facility will be maintained and how the
maintenance and operations of the large scale wireless facility will be transferred to a third party
should the applicant no longer retain ownership. Unless otherwise approved by the city, the
responsibility of maintenance and operations must transfer to the owner of the underlying
property;
g. An explanation of how the applicant will provide a financial security for the removal of the large
scale wireless facility in the event that it no longer serves telecommunications carriers. The
financial guarantee must be 150 percent of the estimated cost of facility removal and must be
acceptable to the city; and
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h. A large scale wireless facility may be reviewed as a multiple phase project and be constructed
over time as provided for in section 38.370.040. An applicant intending to construct a new large
scale wireless facility must provide letters of intent adequate to meet the requirements for leases
set forth in section 38.370.040.B.
Sec. 38.220.180. Submittal materials for regulated flood hazard areas.
A. Applicable submittal materials required under section 38.600.150, Flood hazard evaluation, and section
38.600.170, Subdivision and plan review and approval, must be provided.
(Ord. No. 2057, § 2, 3-9-2021)
Part 2. Supplementary Documents
Sec. 38.220.300. General.
When required, the supplementary documents described in this division, must be submitted in draft form
with the preliminary plat or plan, and signed and notarized with the final plat or plan. The proper notary block
must be used.
Sec. 38.220.310. Property owners' association.
A. The city must approve the governing documents or amendments to the governing documents of a
subdivision or other development if as part of the approval the city required the governing documents to
include provisions that directly and materially address a condition of approval or other adopted standards
related to the development including but not limited to section 38.270.090.
B. When applicable. If the review authority determines a common area or open space, facility, or any other
infrastructure is to be created or constructed as part of the development and such common area or open
space, facility, or infrastructure is required to be either owned by or maintained by the property owners'
association the developer must provide supplemental documents, as applicable, that (i) transfer ownership
of common area, facility, or infrastructure to the property owners' association; (ii) provide for the perpetual maintenance of common area, facility, or infrastructure by the property owners' association; and (iii) identify
if access to the common area open space or facility is available to the public or is restricted to the members
of the property owners' association. Property owners' association bylaws or the declaration of covenants,
conditions and restrictions must be prepared and recorded with the final plat or plan.
C. Bylaws or covenants, conditions and restrictions contents. The items listed below are required to be included
in the property owners' association bylaws or declaration of covenants, conditions and restrictions and must
be clearly identified within the documents. The covenants must at a minimum, provide:
1. The property owners' association will be formed before any properties are sold.
2. Membership is automatic and mandatory for each property or unit buyer and any subsequent buyer.
3. Means of enforcing the covenants, and of receiving and processing complaints.
4. Common area and facilities must be perpetually reserved.
5. The association is responsible for liability insurance, any applicable tax assessments and the
maintenance of any common area or facilities.
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6. Property or unit owners must pay a pro rata share of the cost of any common expenses, with any
assessment charged by the association becoming a lien where necessary on individual parcels.
7. The association may adjust the assessment to meet changed needs.
8. The conditions and timing of the transfer of ownership and control of common areas and facilities from
the declarant to the association.
9. The permission of the city commission is required before the association can be dissolved or the
boundaries altered.
10. Regular maintenance program for items included in section 38.270.090.A and any other common area
and facilities and that the association is responsible for the maintenance program.
D. If the property owners' association fails to install or maintain improvements according to approved plans, the
city may, at its option, complete construction of improvements and/or maintain improvements in
compliance with section 38.220.320 and division 38.270 of this chapter. The city's representative,
contractors and engineers have the right to enter upon the property and perform such work, and the
property owners' association must permit and secure any additional permission required to enable them to
do so. The city will bill the property owners' association for any costs associated with the installation or
maintenance of improvements.
E. For a multiphase project, the property owners' association must be created for the entire project with the
first phase.
F. To ensure continued maintenance of common areas and facilities, and on-going fulfillment of all obligations
no property may be removed from the property owners' association without prior approval by the city
commission.
(Ord. No. 2089, § 10, 12-7-2021)
Sec. 38.220.320. Covenants.
A. The city may require covenants to be recorded with the final plat or condominium when it is determined
they are necessary for the protection of the public health, safety and general welfare and compliance with
conditions of approval or compliance with standards including but not limited to section 38.270.090. All
covenants run with the land. If the covenants are not marked or noted on the final subdivision plat or other
final approval document, they must be contained in a separate instrument which must be recorded with the
final plat or prior to final approval of other applications. The covenants may be required to include, but are
not limited to, the following provisions:
1. That all county declared noxious weeds will be controlled as required in MCA title 7, chapter 22, part
21.
2. A section addressing agricultural uses of neighboring properties in the following form: "Lot owners and
residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept
and are aware that standard agricultural and farming practices can result in dust, animal odors and
noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy
equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the
evening."
3. That all fences bordering agricultural lands must be maintained by the landowners in accordance with
MCA tit. 70, ch. 16, pt. 2, title 81, chapter 4, part 1, or other relevant state law.
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4. That any covenant which is required as a condition of the preliminary plat approval or other
development may not be amended or revoked without the mutual consent of the owners in
accordance with the amendment procedures in the covenants, and the city.
5. Common area and facility maintenance plan. The developer must submit a legal instrument setting
forth a plan consistent with section 38.270.090 providing for the permanent care and maintenance of
common areas and facilities. The same must be submitted to the city attorney and must not be
accepted by the city until approved as to legal form and effect. Common areas and facilities must be
deeded to a property owners' association, and the applicant must record the proposed documents
governing the association at the time of final plat filing. Creation of a special maintenance district
satisfies this requirement.
6. Common area and facility maintenance guarantee and process. In the event the organization or any
successor organization established to own and maintain common areas and facilities, must at any time
fail to maintain the common areas or facilities in reasonable order and condition in accordance with
the approved plan, the city may cause written notice to be served upon such organization or upon the
owners of property in the development. The written notice must set forth the manner in which the
common areas or facilities have failed to be maintained in reasonable condition. In addition, the notice
must include the demand that the deficiencies noted be cured within 30 days thereafter and must
state the date and place of a public meeting to be held within 14 days of the notice. At the time of public meeting, the city commission may modify the terms of the original notice as to deficiencies and
may extend the time within which the same may be cured. If the deficiencies set forth in the original
notice or modifications are not cured within the time set, the city may enter upon such common
facilities and maintain the same for a period of one year, in order to preserve the taxable values of
properties within the development and to prevent the common facilities from becoming a public
nuisance. Such entry and maintenance must not vest in the public any right to use the common
facilities not dedicated to public use. Before the one year period expires, the commission must, upon
its own initiative or upon written request of the organization theretofore responsible for maintenance,
call a public meeting and give notice of such meeting to the organization responsible for maintenance
or the property owners' of the development. At the meeting, the organization responsible for
maintenance and/or the residents of the development may show cause why maintenance by the city
should not be continued for a succeeding year. If the city commission determines that it is not
necessary for the city to continue such maintenance, the city must cease such maintenance at the time
established by the city commission. Otherwise the city must continue maintenance for the next succeeding year subject to a similar meeting and determination at the end of each year thereafter.
a. The cost of maintenance by the city must be a lien against the common facilities of the
development and the private properties within the development. The city commission must have
the right to make assessments against properties in the development on the same basis that the
organization responsible for maintenance of the facilities could make such assessments. Any
unpaid assessment must be a lien against the property responsible for the same, enforceable the
same as a mortgage against such property. The city may further foreclose its lien on the common
facility by certifying the same to the county treasurer for collection as in the case of collection of
general property taxes.
b. Should the property owners' association request that the city assume permanent responsibility
for maintenance of facilities, all facilities must be brought to city standards prior to the city
assuming responsibility. The assumption of responsibility must be by action of the city
commission and all costs to bring facilities to city standards must be the responsibility of the
property owners' association. The city may create special financing mechanisms so that those
properties within the area affected by the property owners' association continue to bear the
costs of maintenance.
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c. The city must assume permanent responsibility for maintenance of public areas and facilities
when a dedicated funding mechanism is adopted.
7. Guarantee for open space preservation. Open space shown on the approved final plan or in the
approved plat application must not be used for the construction of any structures not shown on the
final plan.
8. Covenants and condominium declaration documents must require condominiums to be assigned street
addresses in compliance with chapter 10, article 7 BMC. Addressing must not use X or other generic
statements. Draft documents submitted for review prior to final approval must include correct
addresses.
9. Stormwater facilities maintenance as required by chapter 40 article 4 BMC.
B. Landscaping and irrigation requirements included in private covenants must comply with this Code and the
most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual.
(Ord. No. 2089, § 10, 12-7-2021; Ord. No. 2155, § 11, 5-14-2024)
Part 3. Noticing
Sec. 38.220.400. Purpose.
It is the intent of sections 38.220.400 through 38.220.430 to provide for adequate notice of governmental
actions to those affected by such actions. Notice is required in order for citizens to participate in decision making
which affects their interests and provides opportunity to receive information pertinent to an application that
would not otherwise be available to the decision maker. In establishing standards for providing such notice, the
need for expeditious processing of applications is also recognized.
Sec. 38.220.410. Contents of notice.
A. The following elements must be included in notices issued pursuant to this chapter:
1. Address of the property, or its location by approximate distances from the nearest major street
intersections, or other description to identify the affected property;
2. Legal description of the property;
3. The number, date, time and place of scheduled public hearings or the date of any final public comment
deadline;
4. A description of how and where additional information regarding the action may be obtained including
the address and phone number of the city; and
5. A brief description of the subject of the notice.
B. Mailed and posted notices required for applications specific to individual sites must also include a map of the
area of the development so as to indicate its general location and proximity to surrounding properties.
C. The following additional elements must be included in all notices required for text amendments to this
chapter:
1. A summary explanation of the intent of the change, with reference to the exact text being available for
public review.
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(Ord. No. 2124, § 7, 10-18-2022)
Sec. 38.220.420. Notice requirements for application processing.
A. The following minimum standards for timing, location of noticing area and type of notice must be provided.
1. Noticing provisions are cumulative with the maximum combination of noticing requirements being
provided. When more than one newspaper notice is required, only one of the required publication
dates must fall within the minimum and maximum days required. Newspaper publications for public
hearings follow the requirements of MCA 7-1-4127 in addition to the requirements of Table
38.220.420.
2. Distance in Table 38.220.420 is the distance from the exterior property boundary of the site to all or
part of another parcel of land whose owners must be notified of a governmental action. This distance
includes the width of a right-of-way or other public ownership.
3. Notice must be provided not less than 15 or more than 45 calendar days prior to the close of the public
comment period or public hearing unless otherwise specified in this chapter.
4. Mail by first class or certified mail is to all landowners within 200 feet.
5. For all developments in Table 38.220.040 which require mailed notice, the applicant must provide a list of names and addresses of all property owners, including names and addresses of owners of individual
condominiums, wholly or partially within 200 feet of the site. The list must be drawn from the most
current known property owners of record as shown in the records of the county clerk and recorder's
office. Where certified mail is required separate mailing labels may also be required.
6. The community development director will establish procedures for mailing notice.
7. The applicant is responsible for mailing notice. The city will provide the notice to the applicant for
duplication not less than four days prior to the notice period. The notice must be distributed such that
notices are submitted to the United States Postal Service at least two days before the beginning of the
notice period. The return address on the envelopes must be the mailing address established by the
community development director.
B. If for some reason a required property owner fails to receive mail notification of a scheduled public hearing
or other public comment opportunity, or if one or more of the required posted signs in the area or on the
site for which the public hearing or other public comment opportunity is being held is inadvertently moved
through no fault of the city, this in no way invalidates the legal notice requirements of the scheduled public
hearing or other public comment opportunity.
C. Notice may also be provided to property owners' in any additional area that may be substantially impacted
by an application as determined by the community development director. The community development
director may use other means in addition to posting, mailing, or publication to provide notice.
D. Notice is not required for final plans and final plats.
Table 38.220.420
Minimum standards for timing, location of noticing area and type of notice.
Application Distance Notice Type
Text amendment NA Newspaper
Zone Map Amendment—rezoning, with annexation, or
as planned development zone
200 Newspaper, post on-site,
mail 1st class
Zone Map Amendment—Resulting from ordinance
changes
None Newspaper
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Variance—Floodplain and zoning 200 Newspaper, post on-site,
mail 1st class
Noticing for 76-2-402, MCA claims None Newspaper, post on-site
Deviation 200 Newspaper, post on-site,
mail 1st class
Appeals of Administrative Project Decisions 200 Newspaper, post on-site,
mail 1st class
Appeals of Administrative Interpretations None Newspaper
Sketch plan/reuse/change in use/further development None None
Sketch plans for adding dwellings in the neighborhood
conservation overlay district, demolition of historic
structures as defined in article 7 of this chapter, or
modification of wetlands.
None Post on-site
Informal/concept plan None None
Preliminary site plan and master site plan 200 Post on-site, mail 1st
class
Special Use Permit 200 Newspaper, post on-site,
mail 1st class
Floodplain permit 200 Newspaper, mail 1st class
Certificate Of Appropriateness None None
Subdivision exemption None None
Subdivision subject to 76-3-616 MCA including
subdivision or other variances
200 Post on-site, mail 1st
class
Subdivision subject to 76-3-623 MCA 200 Newspaper, post on-site,
certified mail to adjacent
owners, mail 1st class all
others
Notice of violation per 38.200.160 None Certified mail to landowner
(Ord. No. 2014, § 1, 6-3-2019; Ord. No. 2048, § 5, 9-17-2020; Ord. No. 2089, § 11, 12-7-2021; Ord. No. 2104, § 6, 9-
27-2022; Ord. No. 2124, § 8, 10-18-2022)
Sec. 38.220.430. Notice of city approval within neighborhood conservation.
In order to inform adjacent property owners' and residents that an application within an overlay district has
been approved by the city, any site approved for construction or alterations within an overlay district must be
posted with a notice supplied by the community development department. The notice must be posted in a
conspicuous place on the site before any construction begins and may be removed when the project is
substantially complete. The notice must specify the name of the owner of record, the address of the property, a
description of the scope of work approved and the date of city approval.
DIVISION 38.230. PLAN REVIEW