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Home My WebLink AboutOrdinance 01- 1533, Amend §§ 16.16.070, 16.22.030 and 16.22.040, subdivisions ORDINANCE NO. 1533 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 16.16.070.A, 16.22.030.B, AND 16.22.040.A, PROVIDING THAT THE SUBDIVISION REGULA TIONS ALLOW THE CONCURRENT INST ALLA TION OF INFRASTRUCTURE IMPROVEMENTS AND CONSTRUCTION OF A SPECIFIC PROJECT UNDER SPECIFIED CIRCUMSTANCES, AND SETTING THE PARAMETERS THEREFOR. WHEREAS, the City Commission has adopted subdivision regulations for the City of Bozeman pursuant to Section 76-3-501, Montana Code Annotated; and WHEREAS, the provisions of the subdivision regulations require the installation of water and sewer services and streets prior to the issuance of a building permit; and WHEREAS, the City can continue to protect the public safety, health and welfare by allowing, under specified circumstances, the concurrent installation of infrastructure improvements and construction of a specific project; and WHEREAS, the requirement for a comprehensive plan for planned unit developments and traditional neighborhood developments assures a high degree of design coordination and supports the level of scrutiny necessary to allow the concurrent installation of infrastructure improvements and construction of a specific project. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman. Montana: Section 1 That Subsection A of Section 16.16.070 of the Bozeman Municipal Code be amended so that Section 16.16.070.A. shall read as follows: "16.16.070 PA VING REQUIREMENTS A. Within City Limits: All streets within the subdivision shall be built to the paved standards in these Regulations, unless a variance is granted. or unless they are within a Planned Unit Development and these requirements have been modified through that process. The city street section shall include standard curb and gutter, paving, suitable grading, and an adequate storm water system. 1. TiminQ Requirements: a) All streets shall be paved prior to the issuance of a building permit for any lot within the subdivision qQI~~~'::::::p~ffl~:rl\~~, pr9ygjg~,'!9d!QPixiH~pm~9~pr9pgiil~:,,:g99Yrr!On~~::j::~~~:~~[::[::t.~~ .1tIIJAlilil~l\tlllllll,""1 ~1~::f3D~::.i'l:Q:3(jH3:@:~~::::andU:z:l: """""""""',.,.............................,.,,................................. .................. ..."""""""".",."...."....,....,.....,...""".." ..,',',',',',',',',','.',',','..,'....,'...','...'.' ,',', ....,. ....... 'N.',',',',',',',',',', b) The subdivider shall meet one of the following requirements for completion of paving. The option SHALL be specified in the preliminary plat submittal. ( 1 ) The subdivision streets shall be paved prior to final plat approval; or (2) The subdivider shall enter into an Improvements Agreement guaranteeing the completion of the paving, curb, gutter, sidewalk, storm drainage, or other street infrastructure improvements not yet completed. The Improvements Agreement shall be financially guaranteed, as explained in Chapter 16.22. However, at a minimum, the Plans and Specifications for the street improvements must be approved by the City Engineer prior to final plat approval. Building permits will not be issued until the final paving is completed and accepted by the ..............................................................."""""".""""""""...................... ............................................................ J9ggg~QAgn:HJ::mj!i!g~ 0 r" (3) The subdivider may request that street improvements be guaranteed by the creation of a Special Improvements District (SID). If a Special Improvements District (SID) is formed for the improvements, the SID bonds must be sold before the final plat can be filed. SIDs shall not be permitted for the installation of subdivision water and sewer improvements. Building permits will not be issued until the final paving is completed and accepted by the City of Bozemanq~m~ii,@Jn~bll,.i~~ prPM!q9:~::::~9r:::::'ltt:':'qft!~19p:m:ijB~:j~r~ij:~~~J.~:::::,g99Yrrjn9. _Jlltl'IIIII'lllt~ .............................................................................."""""."".,.,.,...,........".,....... ... , , . ..... ...,,,...,,.........,,,,,,,,,,..,,,,,,.,,,,.,,............... Section 2 That Subsection B of Section 16.22.030 of the Bozeman Municipal Code be amended so that Subsection 16.22.030.B. shall read as follows: - 2 - -------------- n_________ - __ - ___ _n___ "16.22.030 COMPLETION OF IMPROVEMENTS B. Comoletion Time: Construction of all subdivision improvements, as approved by the City Engineer or County Road Office, shall be completed prior to construction of any buildings on new lots within the subdivision. This requirement may be modified by the appropriate governing body's reviewing engineer for streets where dictated by circumstances, and where acceptable improvement security for the ultimate development of the streets is provided. However, under no circumstances shall the required gravel courses be waived. - 3 - Section 3 That Subsection A of Section 16.22.040 of the Bozeman Municipal Code be amended so that Section 16.22.040.A. shall read as follows: "16.22.040 IMPROVEMENTS AGREEMENTS. A. ~ 4 . ~98gg,g~Q,~;~~nqg. The improvements in a prior increment must be completed or tt'lepaymel11:0rgl.U3rantee of payment for costs of the improvements incurred in a prior increment must be satisfied before development of future increments. If an Improvements Agreement is filed with the final subdivision plat to secure infrastructure improvements, a separate document shall be filed with the final plat that clearly states that building permits will not be issued until all water and sewer infrastructure and street gravel courses are installed and accepted. All improvements agreements shall meet the following standards:" Section 4 Repealer. All City ordinances and parts thereof in conflict herewith are hereby superseded by this ordinance. Section 5 Savings Provision. This ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 6 Severability. If any provision of this ordinance is declared unconstitutional. or the applicability thereof to any person or circumstance is held invalid. the constitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby. Section 7 Effective Date. This ordinance shall be in full force and effect on March 8. 2001. PASSED by the City Commission of the City of Bozeman. Montana, on first reading at a regular session thereof held on the 16th day of January 2001. MARt::::u~~r ATTEST: 9~ y~ ROBIN L. SULLIVAN Clerk of the Commission - 5 - ------- --- PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on the 5th day of February 2001. MARC~~~Or ATTEST: ~oi~ R IN L. SULLIVAN Clerk of the Commission - 6 - NOTICE OF PUBLIC MEETING BEFORE BOZEMAN PLANNING BOARD AND PUBLIC HEARING BEFORE BOZEMAN CITY COMMISSION FOR AMENDMENTS TO SUBDNISION REGULA nON ORDINANCE TEXT NOTICE IS HEREBY GNEN of a public meeting to be held before the BOZEMAN CITY PLANNING BOARD on Thursday, February 1, 2001 at 7:30 p.m. in the Commission Room City Hall, 411 East Main, Bozeman, Montana. and a public hearing before the BOZEMAN CITY COMMISSION on Monday, February 5, 2000, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main, Bozeman, Montana. The purpose of the public hearings is to consider amendments to the text of Title 16, Subdivisions, ofthe Bozeman Municipal Code, as requested by the Bozeman City Commission and represented by Bozeman City Manager's Office. The Proposed Ordinance would: Allow the concurrent installation of infrastructure improvements and construction of a specific project under specified circumstances, and setting the parameters therefor Public testimony will be taken at the planning board meeting and the public hearing before the City Commission. Written comments may be submitted to the City Manager's office, P.O. Box 1230, Bozeman, MT 59771-1230. Copies of the proposed ordinance may be obtained from the City Manager's office or Clerk of the Commission, 411 E. Main Street, 582-2306. For those who require accommodations for disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2305 (voice) , 582-2301 (TDD). SUBMITTED 01112/01 for publication on TUESDAY, 01116/01, DISPLAY AD PUBLICATION. PLEASE SEND AFFIDAVIT TO CITY MANAGER.