HomeMy WebLinkAboutOrdinance 98- 1477, Adds Sections and Amends Chapter 16
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ORDINANCE NO. 1477
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY
REVISING SECTIONS 16.04.440, 16.08.040, 16.08.050, 16.10.030, 16.10.050,
16.10.070,16.12.020,16.12.040,16.14.030, 16.14.070, 16.14.090, 16.14.100,
16.14.120,16.14.130,16.16.010,16.16.070, 16.18.030, 16.18.050, 16.20.020,
16.20.030, 16.20.040, 16.22.020, 16.22.040, 16.26.020, 16.26.030, 16.26.040,
16.30.010, 16.30.060, 16.30.070 AND CHAPTER 16.38, RENUMBERING SECTION
16.20.050 TO 16.20.030 AND ADDING SECTION 16.04.335 AND CHAPTER 16.39,
AS CONTAINED IN ORDINANCE NO. 1450, WHICH ORDINANCE IS NOT CURRENTLY
CODIFIED; PROVIDING FOR REVISIONS TO CORRECT HOUSEKEEPING ERRORS IN
ORDINANCE NO. 1450; PROVIDING FOR EXTENSION OF THE REVIEW PERIOD FOR
PRELIMINARY PLA TS; PROVIDING A REVISED FORMULA FOR DETERMINING
PARKLAND REQUIREMENTS; AND ADDING THE GALLATIN COUNTY ROAD IMPACT
FEE REGULATION TO THIS CHAPTER.
WHEREAS, the City Commission did, on the 20th day of January 1998, adopt Ordinance
No. 1450, establishing new subdivision regulations for the City which comply with revisions in
the Montana Code Annotated; and
WHEREAS, needed revisions to the subdivision regulations have been identified.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that
Section 1
The Bozeman Municipal Code be amended by adding a new section to be numbered Section
16.04.335, and that such section shall read as follows:
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Section 2
The Bozeman Municipal Code be amended by amending Section 16.04.440, and that such
section shall read as follows:
" 16.04.440 Street (road) types.
For the purposes of these regulations, "street types and road types" are defined as follows:
A. Allev. A street used primarily for vehicular access to the rear of properties which
abut on and are served by public streets.
B. Arterial. A street or road having the primary function of moving traffic with emphasis
on a high level of mobility for through movement and the secondary function of
providing limited access to adjacent land. Arterial streets within City limits and
within
the City's zoning jurisdictional area generally have a minimum 90 feet wide right-of-
way and meet such other design standards as may be required by the appropriate
governing body.
Arterial roads outside City limits and outside the City's zoning
jurisdictional area shall have a minimum 80 feet wide right-of-way, and meet such
other design standards as may be required by the appropriate governing body.
Arterial streets and roads are generally located on section lines, and may be
secondary state highways.
1 . Maior Arterial.
Provides for high operating speeds and levels of service.
Principal function is movement; not
access. Serve most of the trips
entering and leaving the urban area
as well as those trips passing through
it.
2. Minor Arterial.
Interconnects with and augments major arterial system;
accommodates trips of somewhat shorter
length and slightly lower level
of service.
C. Collector. A street or road having the equally important functions of moving traffic
and providing access to adjacent land, including the principal entrance streets of
a
residential development
and streets and roads for
circulation within such a
development. Collectors are generally located on half-section lines.
1 . Maior Collector.
Within the City limits and within the City's zoning
jurisdictional area, streets that
carry more than 2,000 trips per day.
Outside the City limits and outside
the City's zoning jurisdictional area,
roads that carry more than 300 trips
per day. Major collectors have the
equally important functions of moving
traffic and providing access to
adjacent land.
2. Minor Collector.
Within the City limits and within the City's zoning
jurisdictional area, streets that
carry more than 500 trips per day, but less
than 2,000 trips per day.
Outside the City limits and outside the City's
zoning jurisdictional area, roads
that carry more than 100 trips per day but
less than 300 trips per day. Minor
collectors have the equally important
functions of providing access to
adjacent land and moving traffic.
D. Cul-de~sac. A road having only one outlet for vehicular traffic and terminating in
a
turn-around area.
E. Dead-End Street. A street having only one outlet for vehicular traffic.
F. Half-Street. A portion of the width of a street, usually along the outside perimeter
of a subdivision, where the remaining portion of the street must be located on
adjacent property.
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G. Loop. A local road
which begins and ends on the same road, generally used for
access to properties and controls traffic access to arterials or collectors.
H. Minor (Local) Streets. A
street having the primary function of serving abutting
properties, and the secondary function of moving traffic, including direct access
to
abutting properties and roads for circulations. within a development.
/. Mountainous Roads. Roads located on mountainous terrain. Mountainous terrain has
a cross slope exceeding 15 percent.
J. Primary Access.
The major access to a subdivision. The major access generally
carries the most traffic as determined by the traffic engineering study."
Section 3
The Bozeman Municipal Code be amended by amending Section 16.08.040, and that such
section shall read as follows:
"16.08.040 Preliminary plat supplements.
The following supplemental information shall be submitted with the preliminary plat.
A. Environmental Assessment, Community Imoact and Flood Hazard Evaluation: To be
submitted as required in these Regulations.
B. Area Map: A map showing all adjacent sections of land, subdivision, certificates of
survey, and roads.
C. Subdivision Mac:
Map of entire subdivision on either an 8 Y2 inch by 11 inch, 8 %
inch by 14 inch, or 11 inch by 17 inch sheet.
D. Variances: A Written statement describing the requested variance(s) and the facts
of
hardship upon which the request is based (refer to Chapter 16.30).
E. Prooerty Owners: A certified list of adjoining property owners, their mailing addresses
and property description, including property owners across public rights-of-way and/or
easements. The names and addresses shall also be provided on self-adhesive mailing
labels; one list for first minor subdivisions, and three sets of labels for all other
subdivisions.
F. Documents and Certificates:
Draft or copy of the following documents and
certificates to be printed on or accompany the preliminary plat.
1 . Covenants,
Restrictions and Articles
of Incorporation for the
Homeowners' Association.
2. Encroachment permits or a letter
indicating intention to issue a permit
where new streets, roads, easements,
rights-of way or driveways intersect
State, County, or City highways or
roads.
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3. A letter of approval from the governing
body or other appropriate authority
where a zoning change is necessary.
4. A draft of such other appropriate
certificates.
5. Provision for maintenance of all
roads (including emergency access), parks,
and other required improvements.
6. Drafts of public improvements agreement
and guarantee.
G. Profile sheets for street or road grades greater than five (5 %) percent.
H. Com pleted Prelim inary Plat a pplication form;':'~:!~~:::~~~::@~!g~D,~~~ign!~l,Jr~~"p,t:,~,I'I::;~
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gf:,'tij:~Pt9,,9r~hi:irij:~~mRr!i~~t-~pri~iJjt~1,'Mi~, a nd the req u ired rev ie w fee .lti-DiY~~~fiii~
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Pf9yig~q,
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I. A Noxious Weed Management and Revegetation Plan approved by the Weed Control
District for control of noxious weeds upon preliminary plat approval and during the
construction of improvements. Prior
to final plat approval, a Memorandum of
Understanding shall be entered into by the Weed Control District and the subdivider."
Section 4
The Bozeman Municipal Code be amended by amending Section 16.08.050, and that such
section shall read as follows:
" 16.08.050 Final plat.
A final subdivision plat may not be approved by the appropriate governing body or filed by
the County Clerk and Recorder unless all certificates, with the exception of the appropriate
governing bOdy and Clerk and Recorder have been complied with, signed, and notarized~::~~i,m9,:'~~1
~y~gi~I~~9'm:::::ri91,JIij~iRD~%~m~:':~gH:gi~~RH:~:::::~f-":~'primDiijir~;,p,ij:~':::~pprR~ijHri9I,Jit-i~~Y",~~~':::~p:Ptgpr~i~i
Q9y~t-H:,iij~:::::PRgYhij~i'~~i:D,:,'IDil This shall include the Certification by the County Treasurer that
all real property taxes and special assessments assessed and levied on the land to be subdivided
have been paid. All final subdivision plats must comply with the following UNIFORM
STANDARDS FOR FINAL SUBDIVISION PLAT requirements.
A. The final subdivision plat shall be legibly drawn with permanent ink or printed or
reproduced by a process guaranteeing a permanent record and shall be at a scale no
less than 200 feet to the inch; and shall be either 18 inches by 24 inches or 24
inches by 36 inches overall, to include a 1 %-inch margin on the binding side.
Whenever more than one sheet must be used to accurately portray the land
subdivided, each sheet must show the number of that sheet, the total number of
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sheets included, and contain the appropriate title information. All certifications
shall
be shown or referenced on one sheet.
B. Changes to a filed subdivision plat must be filed with the County Clerk and Recorder
as an amended plat.
An amended plat may not be filed unless it meets the filing
requirements for a final subdivision plat specified in these rules, except that approval
by the appropriate governing body is not required
where waived by Section
76-3.207( 1), M.C.A. for relocation of common boundary lines or aggregation of five
or fewer lots.
C. The final plat submitted for approval shall show or contain on its face or on separate
sheets referenced on the plat:
1 . A title block indicating name of
the subdivision, quarter-section(s), section,
township, range, principal meridian,
and county. The title of the plat shall
contain the words "plat" and "subdivision".
2. Name(s) of the owner(s) of the land
surveyed and the name(s) of any
adjoining platted subdivision and
numbers of any adjoining certificates of
survey previously recorded and ties
thereto.
3. True north point, scale, acreage
of streets, parks, and other public areas;
acreage of the subdivision, gross
and net.
4. All monuments found, set, reset,
replaced, or removed describing their
kind, size, location and giving other
data relating thereto.
5. Witness monuments, basis of bearing,
bearings and lengths of lines.
6. The bearings, distances and curve
data of all perimeter boundary lines shall
be indicated. When the subdivision
is bounded by an irregular shoreline or
body of water, the bearings and distances
of a meander traverse shall be
given.
7. Data on all curves sufficient to
enable the re-establishment of the curves
on the ground.
The data shall include:
a.
Radius of curve.
b.
Arch length.
c.
Degree of curve.
d.
Notation of non-tangent curves.
8. Lengths of all lines shall be shown
to at least tenths of a foot, and all
angles and bearings shown to at least
the nearest minute.
9. The location of all section corners
or legal subdivision corners of sections
pertinent to the subdivision boundary.
10. All
lots and blocks in the subdivision, designated
by number, the
dimensions of each lot and block,
the area of each lot, and the total
acreage of all lots. (Excepted parcels
shall be marked "Not Included in this
subdivision" or Not included in this
Plat", as appropriate, and the boundary
completely indicated by bearings
and distances.)
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11 . All streets, roads, alleys, avenues,
and highways; their widths, bearings;
the width and purpose of all rights-of-way;
and the names of all streets,
roads and highways.
12. The location, dimensions and areas
of all parks, common areas, and all
other grounds dedicated for public
use.
13. A metes and bounds legal description
of the perimeter boundary of the
tract surveyed.
14. All monuments to be of record must
be adequately described and clearly
identified on the plat.
Where additional monuments are to be set
subsequent to the filing of the plat,
the location of such additional
monuments shall be shown by a distinct
symbol noted on the plat. All
monuments or other evidence found
during retracements that would
influence the positions of any corner
or boundary indicated on the plat
must be clearly shown.
15. The signature and seal of the registered
land surveyor responsible for the
survey. The affixing of his seal
constitutes a certification by the surveyor
that the final plat has been prepared
in conformance with the Montana
Subdivision and Platting Act (Sootiono
76 3 101 through 76 3 611 m~~:!~
i'~'):'::~,B~,pt~rq, M.C.A.) and
the regulations adopted pursuant thereto.
16. Memorandum of oaths administered
pursuant to Section 76-3-405, M.C.A.
17. Certification by the appropriate
governing body that the final subdivision
plat is approved, except where the
plat shows changes to a filed
subdivision plat which are exempt
from local government review under
Section 76-3-207(1), M.C.A. Where
an amended plat qualifies for such
a waiver, the plat must contain a
statement that pursuant to Section 76-3-
207 (1), approval by the local governing
body is not required for relocation
of common boundary lines for aggregation
of lots.
D. The following original certificates shall be on the face of the approved final plat
when
filed with the County Clerk and Recorder. All certificates shall be properly signed
and
notarized or sealed where applicable.
1 . Certification of dedication of streets,
roads, parks or playgrounds, or other
public improvements, or of cash donation
in lieu of dedication, when
applicable.
2. Certification
by the subdivider
indicating which required public
improvements have been installed
and any subdivision improvements
agreement securing the future construction
of any additional public
improvements to be installed.
3. Certification by the appropriate
governing body expressly accepting any
dedicated land and improvements.
Acceptance of dedication shall be
ineffective without such certification.
4. Certification of examining land surveyor
where applicable.
5. Certification by the County Treasurer
that all real property taxes and
special assessments assessed and
levied on the land to be subdivided have
been paid.
E. The following original documents shall accompany and be recorded with the approved
final plat when filed with the County Clerk and Recorder.
All documents shall be
properly notarized or sealed where applicable.
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1 . A current certification by a licensed
title abstractor showing the names of
the owners of record of land to be
subdivided and the names of any lien
holders or claimants of record against
the land and the written consent to
the subdivision by the owner(s) of
record, if other than the subdivider, and
any lienholder(s) or claimant(s)
of record against the land. The certification
shall have been issued no later than
thirty (30) days prior to a final plat
submittal for subdivisions within
the City of Bozeman, and no later than
ninety (90) days prior to the final
plat submittal for subdivisions outside
the City of Bozeman. The Certificate
shall be accompanied by a County
Attorney's certificate, for subdivisions
outside the City of Bozeman.
2. Covenants or deed restrictions required
by the appropriate governing body.
3. Certification by the State Department
of Environmental Quality that it has
approved the plans and specifications
for water or sanitary facilities, when
required.
4. Articles of incorporation and by-laws
for any property owners' association.
F. A letter from the City Engineer or County Road Superintendent, whichever is
applicable, shall be submitted to the planning office with the final plat application,
where applicable, certifying that the following documents have been received.
1. As-built drawings,
i.e., copies of final plans, profiles,
grades, and
specifications for public improvements,
including a complete grading and
drainage plan.
2. Copy of the State Highway Permit
when a new street or road will intersect
with a state highway.
16.08.060 Changes to filed subdivision plats.
Changes to a filed subdivision plat must be filed with the County Clerk and Recorder as an
amended plat. An amended plat may not be filed unless it meets the filing requirements for a
final subdivision plat specified in these rules, except that approval by the appropriate governing
body is not required where waived by Section 76-3-207(1), M.C.A., for relocation of common
boundary lines or aggregation of five or fewer lots."
Section 5
The Bozeman Municipal Code be amended by amending Section 16.10.030, and that such
section shall read as follows:
"16.10.030 Pre-application plan.
Prior to the submittal of a preliminary plat application, the subdivider shall submit an
application for pre-application review, the appropriate fee, and all required pre-application
information as set forth in these Regulations.
A. Planninq Department Review: Ten (10) copies of the pre-application materials are
required, unless a different number of copies is agreed to during a pre-submittal
me eti ng. m~~::'p~~pQih9q~P~,[~iJj~:m~'~~~m[~yJ~I!n~pr~H~pp!,!~!~!!9tf:~:~!lh:j:::i:p~:::!:~~:~:!i
i
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1 . Gcncral ~i~p~){ Review. The planning
department will distribute the pre-
application information to appropriate
county and city departments and
state and federal agencies for review
and written comment. All written
comments received from various agencies,
along with the planning
department's comments regarding whether
the plans and data meet the
goals and objectives of applicable
plans, ordinances, and these regulations,
will be forwarded to the applicant
to aid in the preparation of the
preliminary plat.
2. Time for Review.
The planning department shall review the pre-
application plan and within fifteen
(15) working 'thJ"Mj):(~~) days
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advise the subdivider as to whether
the plans and data meet the
goals and objectives of applicable
plans and these regulations. Every
effort
shall be made
by the planning department to obt
ain
department and agency comment within
this time period.
B. Optional Plannina Board Review:
If the subdivider so wishes, he may request in
writing that the Planning Board review pre-application plans. The letter of request
and
twenty (20) copies of the pre-application materials are required for this optional
review.
1 . Time for Rcvicw.
Thc requcst must be rcccived at Icost fiftccn (15)
working dove prior to the Planning
BOJrd meoting at which it is to bo
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Planning Board meeting will be forwarded
to the subdivider."
Section 6
The Bozeman Municipal Code be amended by amending Section 16.10.050, and that such
section shall read as follows:
" 16.10.050 Preliminary plat.
After the requirement for pre-application review has been satisfied, the subdivider shall
submit a preliminary plat. Preliminary plat applications
shall be submitted to the planning
department and must conform to the requirements of these Regulations.
The preliminary plat
shall be prepared by a surveyor licensed to practice in Montana.
A. Preliminarv Plat Application Submission:
At least thirty (30) days prior to the
Planning Board meeting at which the subdivision is to be considered, the subdivider
shall submit an application for preliminary plat review, the appropriate fee, and
the
following number
of copies of
all required preliminary plat
information and
supplementary information, as set forth in these Regulations.
1 . Within the City of Bozeman: twenty-five
(25) copies
2. Within the City of Bozeman Zoning
Jurisdictional Area: twenty-five (25)
copies
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3. Within the Bozeman City-County Planning
Jurisdiction, but outside the City
of Bozeman Zoning Jurisdictional
Area: twenty (20) copies
The Planning Department shall review the application within three (3) working days
to determine if the application is complete. The review period shall begin on the
date
that the planning department determines the application is complete. An application
is complete only if it contains all of the information required by these regulations.
If
the application is incomplete, the application, review fee and a written explanation
of
why the application is incomplete will be returned to the subdivider.
B. Affected Aaencies: The Planning Department shall submit copies of the preliminary
plat and supplementary information to the affected utilities and public agencies for
review and comment. If the proposed subdivision is situated within a rural school
district, the
Planning Department shall provide
an informational copy of the
preliminary plat to the rural school district.
A rural school district means a school
district in which a majority of the pupils in the district reside outside the limits
of any
incorporated city or town. Review by public agencies or utilities shall not delay
the
appropriate governing body's consideration of the preliminary plat beyond the
statutory sixty (60) day review period.
C. Public Hearinas and Meetinas. The Planning Board shall conduct a public hearing and
review the proposed subdivision.
At the public hearing, the planning board shall:
1 . Review the preliminary plat, together
with required supplementary plans
and information, to determine if
it meets the requirements of these
Regulations, the development standards
and policies of the Bozeman Area
Master Plan, the Montana Subdivision
and Platting Act, and other adopted
state and local ordinances, including,
but not limited to applicable zoning
regulations.
2. Listen to public testimony, and consider
written public testimony.
3. Consider written comments from appropriate
public agencies and utilities.
4. Consider the following:
a.
Relevant evidence relating to the public health, safety, and welfare;
b.
The environmental assessment;
c.
The community impact statement; and
d.
Other regulations in effect in the area of the proposed subdivision.
D. Plannina Board Recommendation. After closing the public hearing and considering the
issues outlined in C. above, the Planning Board shall act to recommend approval,
conditional approval, or denial of the preliminary plat. Conditions of approval may
be
established and forwarded to the appropriate governing body for their consideration.
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Within ten (10) days of the public hearing and planning board review, the planning
board shall submit in writing to the appropriate governing body, a resolution
forwarding its advice regarding the items listed under subsection C. above, and a
recommendation for approval, conditional approval, or disapproval of the plat.
E. Public Hearina Notice:
Notice of the time and date of the preliminary plat public
hearing(s) and/or meeting shall be published in a newspaper of general circulation
in
Gallatin County not less than fifteen (15) days prior to the date of the hearing(s).
The
subdivider, each property owner of record, each recorded purchaser under contract
for deed, and each owner of property immediately adjoining the land included in the
plat shall be notified of the hearing by certified mail not less than fifteen (15)
days
prior to the date of the hearing(s).
F. Appropriate Governina Body Action. The appropriate governing body shall approve,
conditionally approve, or di3approve r'~jij~~ the preliminary plat within sixty (60)
days
of determination thJt the application i3 complcte,i!~IM~~~,~~~~,pJj unless there i3
a
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1 . For subdivisions
located within the corporate limits of the City of
Bozeman, or for subdivisions on land
which has concurrently applied for
annexation to the corporate limits
of the City of Bozeman, the City
Commission of the City of Bozeman
shall consider the application and
Planning Board's recommendation during
a regular public meeting of the
Commission.
Since the Planning Board is the designated agency to hold
this public hearing on the preliminary
plat, additional public comment can
not be accepted by the City Commission
at this meeting.
2. For subdivisions located outside
of the corporate limits of the City of
Bozeman, the Gallatin County Commission
shall consider the application
and Planning Board's recommendation
during a public hearing before the
County Commission. Additional public
comment will be accepted at this
additional public hearing.
G. Criteria for Governina Body Action: The basis for the appropriate governing body's
decision to approve, conditionally approve, or disapprove the subdivision shall be
whether the preliminary plat, applicable environmental assessment, public hearing,
planning board advise and recommendation, and additional information demonstrates
that development of the subdivision
meets the requirements of the Montana
Subdivision and Platting Act. The appropriate governing body may not deny approval
of a subdivision based solely on the subdivision's impacts on educational services.
H. Mitiaation: The appropriate governing body may require the subdivider to design the
subdivision to reasonably minimize potentially significant adverse impacts identified
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through the review required by these Regulations.
The appropriate governing body
shall issue written findings to justify the reasonable mitigation required by these
regulations. The appropriate
governing body may not unreasonably restrict a
landowner's ability to develop land, but it is recognized that in some instances the
unmitigated impacts of a proposed development may be unacceptable and will
preclude approval of the plat.
When requiring mitigation under this subsection, the appropriate governing body shall
consult with the subdivider and shall give due weight and consideration to the
expressed preference of the subdivider.
I. Findinas of Fact: The appropriate governing body shall issue written findings of fact
that discuss and weigh the following criteria, as applicable (pursuant to Section
76~3-608, M.C.A.):
1 . The effect on agriculture, agricultural
water user facilities, local services,
the natural environment, wildlife
and wildlife habitat, and public health
and safety;
2. Compliance with the survey requirements
of the Montana Subdivision and
Platting Act;
3. Compliance with these subdivision
regulations and the review process of
these regulations;
4. The provision of easements for the
location and installation of any
necessary utilities; and
5. The provision of legal and physical
access to each parcel within the
subdivision and the notation of that
access on the applicable plat and any
instrument transferring the parcel.
The written findings of fact shall include:
1 . The reason for the denial or condition
imposition;
2. The evidence that justifies the denial
or the imposition of condition(s); and
3. Information regarding the appeal
process for the denial or condition
imposition.
J. Preliminarv Plat Approval Period.
Upon approving or conditionally approving a
preliminary plat, the appropriate governing body shall provide the subdivider with
a
dated and signed statement of approval. This approval shall be in force for not more
than three (3) calendar years or less than one (1) calendar year. At the end of this
period the appropriate governing body may, at the written request of the subdivider,
extend its approval for no more than one (1) calendar year, except that the
appropriate governing body may extend its approval for a period of more than one (1)
year if that approval period is included as a specific condition of a written subdivision
- 11 -
improvements agreement between the appropriate governing body and the subdivider,
provided for in Chapter 16.22.
K. Inaccurate or Incomplete Information. The appropriate governing body may withdraw
approval of a preliminary plat if they determine that information provided by the
subdivider, and upon which approval of the preliminary plat was based, is inaccurate
or incomplete.
1 . Within thirty (30) days following
approval or conditional approval of a
preliminary plat, any person or agency
which claims that information which
was provided by the subdivider is
inaccurate or incomplete may submit the
information and proof to the planning
department.
2. The planning department shall investigate
the claim, the accompanying
information and proof, and make a
report to the appropriate governing
body at a regular meeting of the
appropriate governing body within thirty
(30) days after receipt of the information.
Notice of the meeting shall be
given to the claimant and the subdivider.
At the meeting, the appropriate
governing body shall consider the
information and proof, and make a
determination regarding the claim.
L. Chanqes to Conditions After Approval. Upon written request of the subdivider, the
appropriate governing body may amend conditions of preliminary plat approval where
it can be found that errors or changes beyond the control of the subdivider have
rendered a condition unnecessary, impossible, or illegal.
1 . The written request shall be submitted
to the planning department.
2. The written consent of all purchasers
of land (via contract for deed, etc.)
shall be included with the written
request to amend conditions.
3. The appropriate governing body shall
conduct a public hearing on the
request.
4. Notice of the public hearing shall
be given in accordance with these
Regulations.
5. The appropriate governing body may
approve the requested change if it
meets the criteria set forth in these
Regulations.
6. The appropriate governing body shall
issue written findings of fact as
required in these Regulations.
M. Additional Conditions After Approval.
After the preliminary plat is approved, the
appropriate governing
body may
not impose any additional
conditions as a
prerequisite to final plat approval, providing said approval is obtained within the
original or extended approval period as provided in these regulations."
Section 7
The Bozeman Municipal Code be amended by amending Section 16.10.070, and that such
section shall read as follows:
- 12 -
"16.10.070 Final plat application.
After the conditions of preliminary approval and the requirements for the installation of
improvements have been satisfied, the subdivider shall cause to be prepared a final plat. The
final plat shall conform to the Uniform Standards for Final Subdivision Plats as set forth in
Chapter 16.08. Plans and data shall be prepared under the supervision of a registered surveyor,
licensed in the State of Montana, as their licensing laws allow.
A. Final Plat Submittal. The final plat and all supplementary documents shall be
submitted to the planning department at least thirty (30) days prior to the expiration
of preliminary plat approval or any extension thereto. The submittal shall include
a
final plat application form, the appropriate review fee. all required information,
and a
written explanation of how each of the conditions of preliminary plat approval have
been satisfied.
The final plat shall be submitted to the planning department in the
following form, along with the original of all required documents:
1 . Within the City of Bozeman: Two signed
cloth-backed, or equivalent,
copies; two signed reproducible copies
on a stable base polyester film or
equivalent; two digital copies on
3 %-inch DS/DD disk; and five (5) paper
prints.
2. Within the City of Bozeman Zonina
Jurisdictional Area: Two signed cloth-
backed, or equivalent, copies; two
signed reproducible copies on a stable
base polyester film or equivalent;
two digital copies on 3 % -inch DS/DD
disk; and six (6) paper prints.
3. Within the Bozeman City-County Plannina
Jurisdiction, but outside the City
of Bozeman Zonina Jurisdictional
Area: One signed cloth-backed, or
equivalent, copy, one reproducible
copy on a stable base polyester film or
equivalent, one digital copy on 3
%-inch DS/DD disk, and six (6) paper
prints.
B. County Treasurer Certification: A final plat will not be accepted as complete until
the
County Treasurer has certified that all real property taxes and special assessments
assessed and levied on the land to be subdivided are paid.
C. Review of Abstract and Covenants: The certificate of a licensed title abstractor,
two
copies of the covenants, and the conditions of preliminary approval shall be submitted
by the subdivider to the County Attorney's office (for subdivisions outside city limits)
for review and approval prior to submittal of the final plat application to the planning
department. The County
Attorney's approval of the covenants and the County
Attorney's Certificate shall then be included with the final plat application submittal.
The certificate of licensed title abstractor shall be dated no earlier than ninety
(90)
days prior to submittal.
For subdivisions within city limits, the Covenants and/or
certificate of licensed title abstractor shall be submitted to the Planning Office
with
- 13 -
--.....----..-.- - -.-- -.-
n ._ ______'n.' ._.
the final plat application, and the planning staff will obtain the City Attorney's
approval of the Covenants and City Attorney's Certificate.
The certificate of title
abstractor shall be dated no earlier than thirty (30) days prior to submittal.
D. Review bv the Plannina Department: The Planning Department will then review the
final plat application to ascertain that all conditions and requirements for final
approval have been met.
If all conditions and requirements for final approval have
been met, the Planning Office shall forward a report to the appropriate governing
body for their action.
E. Final Plat Approval: The appropriate governing body shall examine every final plat,
and within thirty (30) ~gr~YEt.i~'~:i~~~'~~ days of the date of submission to the
Planning
Department shall approve it if it conforms to the conditions of preliminary approval
and the terms of these regulations.
1. Subdivisions within the City of Bozeman:
The City Commission shall
examine every final plat at a regular
meeting.
a.
If the final plat is approved, the Director of Public Service shall so
certify the approval in a printed certificate on the plat.
b.
If the final plat is disapproved, the City Cnmmission shall cause a
letter to be written to the subdivider stating the reasons therefore.
2. Subdivisions outside the City of
Bozeman: The County Commission shall
examine every final plat at a regular
meeting.
a.
If the final plat is approved, the County Commission shall so certify
the approval in a printed certificate on the plat.
b.
If the final plat is disapproved, the County Commission shall cause
a letter to be written to the subdivider stating the reasons therefore.
3. Filina: The subdivider shall file
the approved, signed final plat and all other
required certificates and documents
with the Clerk and Recorder within
sixty (60) days of the date of final
approval."
Section 8
The Bozeman Municipal Code be amended by amending Section 16.12.020, and that such
section shall read as follows:
"16.12.020 Pre-submittal meeting or pre-application plan.
Prior to the submittal of a preliminary plat application, the subdivider or his representative
shall either meet with the planning department to discuss these regulations and standards,
familiarize the subdivider with the goals and objectives of applicable plans, regulations and
ordinances, and to discuss the proposed subdivision as it relates to these matters, or submit an
application for pre-application review. The Planning Department,
may, during a pre-submittal
- 14 ~
meeting, require a subdivider to submit a preapplication plan, if, in the opinion of the planning
department, preapplication review comments should be obtained from other reviewing agencies.
A. Preapplication Plan Review.
If a preapplication plan is required or submitted, the
subdivider shall submit an application for pre-application review, the appropriate
fee,
and all required preapplication information as set forth in Chapter 16.08.
1 . Plannina Department Review: Ten (10)
copies of the preapplication
materials are required, unless a
different number of copies is agreed to
~~~~~~~i~~;i,~i,~ii~~;'Bi'~d~ii',~,_~r~lrv,rll!!ll
illM'l'1111~llrlllll
9,:~!::~:,:~"ffli~~~:::":::~l'Iig9i,!!:::~:~~~::lm
l,::::::::~~1~:q~iM!i'9~ijpp~ipij9!i":"",,p,li,m!:::::::::i:ml::::~:'::~:~!!~
t~jWI,@tiP9~.
a.
General ~9~,99~: Review. The Planning Department will distribute the
pre-application information to
appropriate county and
city
departments and state and federal agencies for review and written
comment. All written comments received from various agencies,
along with the planning department's comments regarding whether
the plans and data meet the goals and objectives of applicable plans,
ordinances, and these regulations, will be forwarded to the applicant
to aid in the preparation of the preliminary plat.
b.
Time for Review. The planning department shall review the pre~
application plan and within fifteen (15) ~HimM~~Q1 worl<ing days
advise the subdivider as to whether the plans and data meet the
goals and objectives of applicable plans and these regulations. Every
effort shall be made
by the Planning Department to obtain
department and agency comment within this time period.
2. OPtional Plannina Board Review.
If the subdivider so wishes, he may
request in writing that the Planning
Board review preapplication plans. The
letter of request and twenty (20)
copies of the preapplication materials are
required for this optional review.
a.
The request must be received at least fifteen (15) tpi,rl::,~8Qt working
days prior to the Planning Board meeting at which it is to be
~~::~HI~,rrii~!lliiri~ril~I:~I~i!'t:!~~~~qi~'r~~~~~~!:~~q!?~u~~~~~,
the planning board meeting will be forwarded to the subdivider."
Section 9
The Bozeman Municipal Code be amended by amending Section 16.12.040, and that such
section shall read as follows:
" 16.12.040 Preliminary plat for the first minor subdivision from a tract of record.
A. Preliminarv Plat Application Submission. Within at least eighteen (18) days prior
to
the next regular planning board meeting, the subdivider shall submit an application
for
minor subdivision review, the appropriate fee, and the following number of copies
of
all required preliminary plat information and supplementary information, as set forth
in these Regulations.
1 . Within the City of Bozeman: Twenty
(20) copies
2. Within the City of Bozeman Zoning
Jurisdictional Area: Twenty (20) copies
- 15 -
~'---
3. Within the Bozeman City-County Planning
Jurisdiction, but outside the City
of Bozeman Zoning Jurisdictional
Area: Twenty (20) copies.
The Planning Department shall review
the application within three (3)
working days to determine if the
application is complete. The review
period shall begin on the date that
the Planning Department determines the
application is complete. An application
is complete only if it contains all
of the information required by these
Regulations. If the application is
incomplete, the application, review
fee and a written explanation of why
the application is incomplete will
be returned to the subdivider.
B. Affected Aaencies: The Planning Department shall submit copies of the preliminary
plat and supplementary information to the affected utilities and public agencies for
review and comment.
If the proposed subdivision is situated within a rural school
district, the planning department shall provide an informational copy of the preliminary
plat to the rural school district. Review by public agencies or utilities shall not
delay
the appropriate governing body's consideration of the preliminary plat beyond the
statutory oi)(ty (60) thir~Ytl~y~(q?) day review period.
C. Planning Board Review.
The Planning Board shall review the proposed first minor
subdivision at a regular meeting.
At the public meeting, the planning board shall
review the preliminary
plat, together with required supplementary plans and
information, to determine if it meets with the requirements of these Regulations,
the
development standards and policies of the Bozeman Area Master Plan, the Montana
Subdivision and Platting Act, and other adopted state and local ordinances, including,
but not limited to applicable zoning regulations.
D. Plannina Board Recommendation. Within ten (10) days of their review, the planning
board shall submit in writing to the appropriate governing body, a resolution
forwarding its advise regarding the items listed under subsection C above, and a
recommendation for approval, conditional approval, or disapproval of the plat.
E. Aoorooriate Governina Bodv Action. The appropriate governing body shall approve,
conditionally approve, or disapprove the preliminary plat of a first minor subdivision
within thirty-five (35) days of determination that the application is complete, unless
there is a written extension from the subdivider.
1 . For subdivisions
located within the corporate limits of the City of
Bozeman, or for subdivisions on land
which has concurrently applied for
annexation to the corporate limits
of the City of Bozeman, the City
Commission of the City of Bozeman
shall consider the application and
planning board/s recommendation during
a regular public meeting of the
Commission.
2. For subdivisions located outside
of the corporate limits of the City of
Bozeman, the Gallatin County Commission
shall consider the application
- 16 -
and Planning Board's recommendation
during a regular meeting of the
Commission.
F. Criteria for Governina Bodv Action: The basis for the appropriate governing body's
decision to approve, conditionally approve, or disapprove the subdivision shall be
whether the preliminary plat, applicable environmental assessment, applicable public
hearing, planning board advice and recommendation, and additional information
demonstrate that development of the subdivision meets the requirements of the
Montana Subdivision and Platting Act. The appropriate governing body may not deny
approval of a subdivision based solely on the subdivision's impacts on educational
services.
G. Mitiaation: The appropriate governing body may require the subdivider to design the
subdivision to reasonably minimize potentially significant adverse impacts identified
through the review required under by these regulations.
The appropriate governing
body shall issue written findings to justify the reasonable mitigation required by
these
regulations. The appropriate
governing body may not unreasonably restrict a
landowner's ability to develop land, but it is recognized that in some instances the
unmitigated impacts of a proposed development may be unacceptable and will
preclude approval of the plat.
When requiring mitigation under this subsection, the appropriate governing body shall
consult with the subdivider and shall give due weight and consideration to the
expressed preference of the subdivider.
H. Findinas of Fact: The appropriate governing body shall issue written findings of fact
that discusses and weighs the following criteria, as applicable (pursuant to 76-3-608,
MCA):
1 . The effect on agriculture, agricultural
water user facilities, local services,
the natural environment, wildlife
and wildlife habitat, and public health and
safety;
EXCEPTION: When a minor subdivision
is proposed in an area where a
master plan has been adopted pursuant
to Chapter 1, Title 76, M.C.A.,
and the proposed subdivision will
comply with the plan, the subdivision is
exempt from the review criteria listed
in subsection (1) above, but is
subject to applicable zoning regulations.
In order for a master plan to serve
as the basis for this exemption, the
master plan must, at a minimum, contain
housing, transportation, and
land-use elements sufficient for
the appropriate governing body to protect
public health, safety, and welfare,
as well as a discussion of physical
constraints on development that exist
within the area encompassed by the
proposed subdivision.
- 17 -
-- -------------------- ----
------------------
2. Compliance with the survey requirements
of the Montana Subdivision and
Platting Act;
3. Compliance with these local subdivision
regulations and the review
process of these regulations;
4. The provision of easements for the
location and installation of any
necessary utilities; and
5. The provision of legal and physical
access to each parcel within the
subdivision and the required notation
of that access on the applicable plat
and any instrument transferring the
parcel.
The written findings of fact shall include:
1 . The reason for the denial or condition
imposition;
2. The evidence that justifies the denial
or condition imposition; and
3. Information regarding the appeal
process for the denial or condition
imposition.
I. Preliminary Plat Approval Period.
Upon approving or conditionally approving a
preliminary plat, the appropriate governing body shall provide the subdivider with
a
dated and signed statement of approval. This approval shall be in force for not more
than three (3) calendar years or less than one (1) calendar year. At the end of this
period the appropriate governing body may, at the request of the subdivider, extend
its approval for no more than one (1) calendar year, except that the appropriate
governing body may extend its approval for a period of more than one (1) year if that
approval period
is included
as a specific condition
of a written subdivision
improvements agreement between the appropriate governing body and the subdivider,
provided for in Chapter 16.22.
J. Chanaes to Conditions After Approval.
Upon written request of the subdivider, the
appropriate governing body may amend conditions of preliminary plat approval where
it can be found that errors or changes beyond the control of the subdivider have
rendered a condition unnecessary, impossible, or illegal.
1 . The written request shall be submitted
to the planning department.
2. The written consent of all purchasers
of land (via contract for deed, etc.)
shall be included with the written
request to amend conditions.
3. At a regularly scheduled meeting,
the appropriate governing body may
approve the requested change if it
meets the criteria set forth in these
Regulations.
4. The appropriate governing body shall
issue written findings of fact as
required in these Regulations.
K. Additional Conditions After Approval.
After the preliminary plat is approved, the
appropriate governing
body may
not impose any
additional conditions as a
- 18 -
... u_____. ___
prerequisite to final plat approval, providing said approval is obtained within the
original or extended approval period as provided above."
Section 10
The Bozeman Municipal Code be amended by amending Section 16..14.030, and that such
section shall read as follows:
" 16.14.030 Blocks. See Figure (1).
A. Size and Orientation:
Blocks shall be designed to assure traffic safety and ease of
traffic control and circulation, to accommodate the special needs of the use
contemplated, and to take advantage of the limitations and opportunities of the
topography.
B. Block Lenath: Block length shall not be designed, unless otherwise impractical, to
be
more than twelve hundred (1,200) feet or less than four hundred (400) feet in length.
C. Block Width:
Blocks shall be wide enough to allow for two (2) tiers of lots except
where essential to provide separation of residential development from a traffic arterial
or to overcome specific disadvantages of topography and orientation.
D. Riahts-Of-Wav for Pedestrians: Rights-of-way for pedestrian walks, not less than ten
(10) feet wide, shall be required where deemed essential to provide circulation or
access to schools,
playgrounds, shopping centers, transportation
and other
community facilities.
....................""....".. .. ." """"" "'"'' """ '" " , " , , ""'" ""'" '" '"'''' '" "" '" '" "".'
~:f::::::::::::::,:::,Ji,~R~!Y~~i9q~iH'iBH'ljijyi':::81~'~~'I~:,:~,~!!,~~~~j~::::~,!~~:~~::::~H~]!',J.!~~:::~'1P~~,:dMrm'~~:r~-pf-"l$t~@r~~
ijA~,:@~qIjRI99~$'h~I'lqpd~~:i:~'::::!~~':'91:~U;t:qMR!~S',:,i~'::'R~::'::~Hm,~~'r~[
..... .......................................... .. ... .. ...... . . ..... .................. ..
FIGURE 1
SUBDIVISION LOT TERl\1S
I I
I l
+-
Block Length (400 ft. - 1,200 f1.)
-+
Reverse
Comer t
Interior Frontage
Block
Lot
Lot
Doubk Lot Rear Lot
Width
Frontage {-
Line
, Lot i
(two
Lot
-l- Lot
Front tiers
+- Width -+
Depth Lot
-+ of
Line(s)
lots)
-I-
-l- -l-
I I
BLOCK I
r
- 19 -
---.---
Section 11
The Bozeman Municipal Code be amended by amending Section 16.14.070 and that such
section shall read as follows:
"16,14,070 Grading and drainage,
The subdivider shall provide a complete grading
and drainage plan with accurate
dimensions, courses and elevations, showing the proposed grades of streets and roads and
drainage improvements.
A. Provisions shall be made for the control and drainage of surface water around
buildings. On graded sites, the top of any exterior foundation shall extend above
the
elevation of the street gutter at a point of discharge or inlet of an approved drainage
device a minimum of 12 inches plus two (2) percent.
Final grading shall provide a
downward slope away from the building along the foundation walls. The final grade
shall provide a minimum slope of one~half unit vertical in 12 units horizontal (4
percent slope) for a minimum of six (6) feet from the building. All subdivision lots
and
street boulevard areas shall be graded no lower than the back of curb or level of
street, whichever is applicable, prior to final plat approval.
B. The drainage system and facilities required for any surface run-off affecting the
subdivision shall meet the minimum standards of the Montana Department of
Environmental Quality, Division of Environmental Sanitation, as required by Sections
76-4-101 through 76~4~128, M.C.A., and all regulations adopted pursuant thereto,
and are subject to the approval of the appropriate governing body.
1 . The subdivider shall provide suitable
drainage facilities for any surface
runoff affecting the subdivision.
a.
For subdivisions outside the corporate limits of the City of Bozeman,
these facilities shall be located in county road rights-of-way or in
perpetual easements of appropriate widths and are subject to
approval by the County Commission.
b.
Drainage facilities, including detention and/or retention facilities, for
subdivisions within the City of Bozeman and the zoning jurisdictional
area, shall be provided in accordance with the criteria and provisions
of the City's Stormwater Master Plan.
2. Drainage systems shall not discharge
into any sanitary sewer facility.
C. A detailed Site Grading Plan shall be provided with the subdivision infrastructure
improvement plans. The plan shall include, at a minimum, existing contours, final
plat
contours, and
where necessary, spot
elevations after street
and drainage
improvements have been constructed, and drainage flow arrows reflecting final
- 20 -
developed lot grading. The plan must demonstrate that the final plat grading and final
property grading will provide adequate drainage to an acceptable discharge point.
without adverse impacts to adjacent. down gradient. properties.
Off-site drainage
facilities and drainage easements or other rights of occupancy shall be provided where
necessary for conveyance of drainage off site.
~:H~::~:~:~~::~;rhiQPpr9PP~9g~4Pqly~i!:g~~'~~::'::~~~p~~J~~~::~:~::,:::~,~I:~~~f!~~q:I~:j:~:~::jj:~:!p:~~::,:i:~:~iqq~~::~:::~:jl~~~I~:~~~~~:~j~i~jlr
................. ..........................
....... . ..... ... . . ... .......... ......................... ........................
!:~~'r~~~rH8~y:ri~9~h~HQ~ypg.!,V!q~gj~:'!p~~::::~~~19q!~~~:~~~~ri:i~9Q~i~!y;:~~,:~pi,~~~~,,::~ht94Q
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_itipl~
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q~'~:i:::~:~:iY~:r!!P9g,'I~~!~~!ijpr~yigpY!fii'PpPrgpri~jigRygrqipgp99Y'"
Section 12
The Bozeman Municipal Code be amended by amending Section 16.14.090. and that such
section shall read as follows:
.. 16.14.090 Park requirements.
Except as provided in subsection D below. all subdivisions shall be considered to be
residential subdivisions. and park requirements shall be satisfied. unless there are adopted zoning
restrictions which prohibit residential development or it can be shown that the subdivider has
immediate plans for non-residential development.
A. Dedication: A plat
of residential subdivision shall dedicate to the appropriate
governing body. a cash or land donation equal to the following:
1 . 11 % of the area of the land proposed
to be subdivided into parcels of
one-half acre or smaller.
2. 7.5% of the area of the land proposed
to be subdivided into parcels larger
than one-half acre and not larger
than one acre.
3. 5 % of the area of the land proposed
to be subdivided into parcels larger
than one acre and not larger than
three acres; and
4. 2.5% of the area of the land proposed
to be subdivided into parcels larger
than three acres and not larger than
five acres.
B. When a subdivision is located within the City of Bozeman. 0.03 acres per dwelling
unit of cash in lieu or land donation shall be provided. These requirements are based
on the community need for parks and the development densities identified in the
master plan and zoning regulations.
Park dedication requirements established
hereunder are in lieu of those provided in subsection 16.14.090.A, above.
- 21 -
..-.-
1:::,..:.:..U~.~pliiyi~i9Qiiprqppi~~'~:j~Hij~'::.:~::,]m'~~'H~:~tD'jkt:@.g9imijPi~~fi'g~'i:QP~h~
11~~;~~ld~I~~IIII~~~g~lllillr~~W~I~li!iltl!iiiltl!
~~1~Irllt~ir~~I~j!II~I:
~'~:~'P~9Y'!~~~~:'::.:'mh.!~:,p~r~~~~ii:;~~igQr~gl
.H~~m~Q~!i'l?ij~~~@~::::~:p~::::gpm.m[q.Q:!~~
g~!~'~'8r':'~~'~~~:~":"ii:"i~~'Q~i~i.~q....!q..~fu
~.9Y~~~Q~IY""i'~gp~~~"':ei:~~~:::::~i:Q~::':'m~i:I~~
M~$UjrPl~n:;~
.+ ~f For the purpose of this section, "dwelling unit" means a residential
structure in which a person or persons
reside.
C. When a subdivision is located totally within an area for which density requirements
have been adopted pursuant to a master plan under Title 76, Chapter 1, M.C.A., or
pursuant to zoning regulations established under Title 76, Chapter 2, M.C.A., the
appropriate governing body may establish park dedication requirements based on the
community need for parks and the development densities identified in the plans or
regulations. Park dedication
requirements established under this section are in lieu
of those provided in subsection 16.14.090.A, above, and may not exceed 0.03 acres
per dwelling unit.
D. A park dedication or cash in lieu thereof may not be required for:
1 . A minor subdivision
2. Land proposed for subdivision into
parcels larger than five acres.
3. Subdivision into parcels that are
all nonresidential.
4. A subdivision
in which parcels are not created, except when that
subdivision provides permanent multiple
spaces for recreational camping
vehicles, mobile or manufactured
homes, or condominiums.
5. A subdivision in which only one additional
parcel is being created.
E. Use: The subdivider shall indicate the proposed use of the park as active, passive,
playground, ballfield, etc. However, the final use of the park shall be determined
by
the appropriate governing body.
F. Location: The appropriate governing body, in consultation with the subdivider, the
planning board, and park and recreation board (where appropriate), may determine
suitable locations for parks and playgrounds.
Parkland must be located on usable
land, and should be kept in a large block. If consistent with a Master Plan or Parks
Plan, linear parks may be proposed along creeks or in swales, thus providing trail
corridors.
Giving due weight and consideration to the expressed preference of the subdivider,
the appropriate governing body may determine whether the park dedication must be
a land donation, cash donation, or a combination of both.
When a combination of
- 22 -
land donation and cash donation is required, the cash donation may not exceed the
proportional amount not covered by the land donation.
1 . Parkland, shall, at a minimum, have
frontage on at least one public or
private street or road. Two accesses
should be provided to every park.
G. Develocment: Subdividers shall consult any adopted P;)rl(kJndg~~j~~, Open Space and
Trails (POST) plans and with the Recreation and Parks Advisory Board implementing
such plans to determine the types of parks needed for the proposed subdivision and
surrounding area.
At a minimum, all subdivision parks shall be developed to the
following standards by the subdivider, prior to final plat approval.
1 . Storm Water Detention/Retention Ponds:
Public parkland may not be used
for storm water detention or retention
ponds, unless approved by the
appropriate governing body.
2. Boundaries: The park boundary bordering
all private lots shall be delineated
at the common private/public corner
pins, with flat, flexible fiberglass
posts, a minimum of 6 feet in length
with no less than 2 feet driven into
the ground.
Each post must be labeled with a permanent glue on sign
stating "Park Boundary" or "Property
Boundary". Other forms of boundary
marking may be approved by the planning
or other appropriate department.
3. Construction: At a minimum, the park
area must have all fencing material,
construction debris, and other trash
removed. The park area(s) shall be
leveled and any disturbed areas reseeded,
to allow mowing with turf type
mowers.
4. Trails: If linear trail parks are
proposed, five foot pedestrian trails and
bridges, where necessary, shall be
installed. Trails and bridges must meet
Americans with Disabilities Act (ADA)
specifications and maintain a
natural appearance. Trail and bridge
specifications shall be submitted to
the Planning Department for review
and approval. Any necessary permits
for bridges shall be obtained by
the subdivider from the appropriate agency
prior to installation of the bridges.
5. Sidewalks: Sidewalks, when required
within the subdivision, shall be
installed by the subdivider at points
where the park borders or crosses
streets, rear yard frontages, or
other non-lot frontages.
6. Waiver of Park Maintenance District.
For all subdivisions within City limits,
the subdivider shall sign and file
with the final subdivision plat, a Waiver
of Right to Protest the Creation
of Park Maintenance District(s).
H. Cash in Lieu of Parkland Donation. Where in the opinion of the appropriate governing
body the dedication of land for parks and playgrounds is undesirable because of size,
topography, shape, location, or other circumstances, the appropriate governing body
may, for good cause shown, accept a cash donation in lieu of the dedication and
equal to the fair market value of the amount of land that would have been dedicated.
1 . For the purpose of these regulations,
the fair market value is the value of
the un-subdivided, unimproved land.
2. Where cash has been accepted in lieu
of land dedication, the amount of
cash donation shall be stated on
the final plat.
- 23 -
-.---..-.- .-- -., - ------------
3. Where cash has been accepted in lieu
of land dedication, the appropriate
governing
body shall record in the minutes of the meeting of the
preliminary plat for the proposed
subdivision why the dedication of land for
parks and playgrounds was undesirable.
4. It shall be the responsibility of
the subdivider to provide an appraisal of the
fair market value by a certified
real estate appraiser of their choosing. The
appraisal fee shall be the responsibility
of the subdivider.
I. Use of Park Funds.
1 . The appropriate governing body shall
use the dedicated money or land for
development,
acquisition, or maintenance
of parks to
serve the
subdivision.
2. The appropriate governing body may
use the dedicated money to acquire,
develop, or maintain, within its
jurisdiction, parks or recreational areas or
for the purchase of public open space
or conservation easements, only if:
a.
The park, recreational area, open space, or conservation easement
is within a reasonably close proximity to the proposed subdivision;
and
b.
The appropriate governing body has formally adopted a park plan that
establishes the needs and procedures for use of the money.
3. The appropriate governing body may
not use more than fifty percent
(50%) of the dedicated money for
park maintenance.
J. Planned Unit Development:
If thc proposed plat provideD for a planndd unit
development in oomplianoc with Chaptcr 16.21 of thooo Rogulationo, tho appropriate
govorning body shall waive the p;uk dedioJtion requirement if the preliminJry plJt
providcs land permanently set aside for park and recreational uses sufficient to mcct
the needs of the pereons who will ultimately recide in the development, and if tho
arca of thc land and any improvements set aside for park and recrcational purposcs
equale or Q)coeedc the area of the dedication required under Chapter 16.11.090.A and
B, abovc.
KJ. Property Owners' Association: In subdivisions which do not qualify as planned unit
developments, the appropriate governing body may waive dedication and cash
donation requirements when the subdivider agrees to create a property owners
.
association for the proposed subdivision and to deed to the association land to be
held in perpetuity for use as parks or playgrounds.
The area of land and any
improvements set aside for park and recreational purposes shall equal or exceed the
area of the dedication required.
In subdivisions within City limits in which this
provision is utilized, the Owner's Association document shall include a provision
wherein the City is named successor in interest of the park.
- 24 -
t~. Subdivisions Created for Rent or Lease: The appropriate governing body may waive
dedication and cash donation requirements for subdivisions to be created by rent or
lease (i.e., Manufactured or Mobile Home Parks, and Condominiums) where the
subdivider agrees to develop parks or playgrounds within the subdivision for the
common use of the residents of the subdivision.
The area of land and any
improvements set aside for park and recreational purposes shall equal or exceed the
area of the dedication required.
MIl. Previouslv Dedicated Parks:
If a tract of land is being developed under single
ownership as a part of an overall plan, and part of the tract has been subdivided
and
sufficient park lands have been dedicated to the public from the area that has been
subdivided to meet the requirements of this section for the entire tract being
developed, the appropriate governing body
shall issue an order waiving the land
dedication and cash donation requirements for the subsequently platted area.
NM:. Waiver of Park Dedication: The appropriate governing body m-ay ~b~'I1 waive the park
dedication requirement if:
1 . The preliminary plat provides long-term
protection of critical wildlife
habitat; cultural, historical, or
natural resources; agricultural interests; or
aesthetic values; and the area of
the land proposed to be subdivided, by
virtue of providing long term protection
provided above H~'fi'i'9, is reduced
by an amount equal to or exceeding
the area of the rcquircd dedication
~~b.'~~I!~~':::titJY,!d~q.
2. Tho preliminmy plat provides long
term proteotion of oritioal wildlife
habitat; cultural, historical, or
natural rcsourccs; agricultural intcrcsts; or
aesthetic valucs; and the arca of
the land proposcd to be subdividcd, by
virtue of providing long tcrm protection
provided abovc, is rcduccd by an
amount equal to or exceeding the
orca of tho required dedication. $h~:
~~I~~~!I~~II~i6Ii~l~dilrr\oi~r~~I~lit1i~i~~i~~~i\1
111Ifl;i~~llllt
3. The area of the land proposed to
be subdivided, by virtue of a combination
of the provisions of subsections
1 and 2 above, is reduced by an amount
equal to or exceeding the area of
the dedication required."
Section 13
The Bozeman Municipal Code be amended by amending Section 16.14.1 DO, and that such
section shall read as follows:
" 16.14.100 Sanitary sewers.
A. Where the subdivision is within the service area of a public sanitary sewer system,
the subdivider shall install complete sanitary sewer system facilities in accordance
- 25 -
-------------
--
~, .n._
--.-..--- -.--... ._.-
with the requirements of the municipality or sewer district involved and the State
Department of Environmental Quality.
The subdivider shall submit plans and
specifications for the proposed facilities to the municipality or sewer district involved
and to the State Department of Environmental Quality, and shall obtain their approvals
prior to undertaking any construction.
B. Where lots cannot be served by the extension of an existing public sanitary sewer
system, the subdivider shall obtain approval of lot sizes for individual septic tanks
and
disposal fields or approval of neighborhood
disposal systems from the State
Department of Environmental Quality. Percolation data and lor comments from local
Health Officers must accompany the request for approval to the State Department of
Environmental Quality.
C. City of Bozeman Street Cut Moratorium: During a period of seven (7) years following
the initial paving, or any subsequent repaving of a street, no street cut permits
will
be issued to cut said street. This moratorium on cutting newly paved City-maintained
streets may be lifted only under the following circumstances:
1 . Emergency situations that require
cutting the street. The state of
emergency will be determined by the
City Street Superintendent.
2. For new fire sprinkler service lines
required by the City Fire Marshall to be
installed prior to the end of the
seven-year moratorium period when no
alternate connection point is available.
3. When funding becomes available in
the City's own Capital Improvements
Program for a project that cannot
be otherwise delayed and requires
cutting the street.
~:; ::::::::::::::IV'~~'Q"'::,:'ij::"ptgpq~g~:::::~ym~iM!~igO: ::::::ij~JgiQ~:::4Q~y~~~yiq~q:',:1~'QfH",'~:Qq: :::::~ijtl'!!,r!~f::::~;~~!(,t
"'I"""""""""'H"""""H""f,1"""""""",',,',',
'Qt~~~rtJ9~4:r~~g~lJ~gQ.$l.Ipgiy~ggqJ~r;ig'Wgl.llqrg@$gQ@plyp~~::~:':rggg:::::::::t::;::!:::::)i"l
. .. . ... .. . ......... . .........
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:~
9gxij!gpmil"t~9~!pi~gjqiOiDQY9~qiihii9g~liD9S~~9ttijrY'~!lir::i!nt~lily:~~y~~:;~~#d~p'i'l"t
~~i:,::prQRg!,~9:'~ypq~yji!gD,',~pij,llpi~9Di1rq91i9,~g;:i~pi::i:~q:4ng:lr~:Jil"ti'ii~~tti~r~m~:~g:
;:gl
~~~~'!M!g,~g:i:::::YQl,i~~""prly~tl~i:99Y~9pg9rIPnYi:i"gt':::Q~pi:r:::::~~y~~~~19gD9i~i90iiitl,'::l
n!:~n
~ij,ii;::'~:";yijdijtl~~::::oo4~~::p~~t:,:IPprpYi9Py!ni,":~ppr9'pr!ij!~:,ii:~g:Y~'rOiQQ~qgy."
Section 14
The Bozeman Municipal Code be amended by amending Section 16.14.120, and that such
section shall read as follows:
"16.14.120 Water supply system.
A. Where the subdivision is within the service area of a public water supply system,
the
~ 26 -
-------.. ___n___..._..
--------.---
subdivider shall install complete water system facilities in accordance with the
requirements of the municipality or water district involved, and the State Department
of Environmental Quality. The subdivider shall submit plans and specifications for
the
proposed facilities to the municipality or water district involved, and to the State
Department of Environmental Quality, and shall obtain their approvals prior to
undertaking any construction.
B. Where a public water supply is not within a reasonable distance or not made available
to the subdivider, the subdivider shall obtain approval for some alternative water
supply system and lot sizes for such proposals from the State Department of
Environmental Quality.
C. When the City of Bozeman's municipal water main is extended, the length of a dead
end water main typically shall not exceed 500 feet in length, unless approved by the
City Engineer and Water Superintendent.
D. When individual subdivision lots will be served by the City of Bozeman's municipal
water service, service lines from the main to the structure may not exceed 150 feet
in length, unless approved by the City Engineer and Water Superintendent.
E. City of Bozeman Street Cut Moratorium: During a period of seven (7) years following
the initial paving, or any subsequent repaving of a street, no street cut permits
will
be issued to cut said street. This moratorium on cutting newly paved City-maintained
streets may be lifted only under the following circumstances:
1 . Emergency situations that require
cutting the street. The state of
emergency will be determined by the
City Street Superintendent.
2. For new fire sprinkler service lines
required by the City Fire Marshall to be
installed prior to the end of the
seven-year moratorium period when no
alternate connection point is available.
3. When funding becomes available in
the City's own Capital Improvements
Program for a project that cannot
be otherwise delayed and requires
cutting the street.
rtr"'~ij~'h":~':'pr:~P9~'~9,,~qpp!yj~i~rl~qjg!n~Yt!~Hp.qiMip~q'!~Qg"'~~~'li1iti:~~~~Dtri,~~tY$~,yr~
!9i::~m~"gij~ppg~yi~iq~it!q#V9Hlqr~~~9A~plypi~~~Dt9,9Sij',:~:gi::~:Q~I,[i:~[g~~:!~~iI9'P!'#Vi1ir
~~ig:',':!ntr~~1f99J9ri~D~~Ip.~~rrijI]Q~9~9"iI19#V;b~'~yi;~'p~~::'~~~::~'~~~[lgi:m~~D~:~~::~:9t::::
[']:h~
ij~jqirliD9YD~qlii~iq~~lil]q"~~~~rmiig!gtr~~1r9919rilqm!Q:',:':~fi~::i:~~~~~Bt~~9~~q,
~~9giY!~~gg~n~mp~9qm~~r99~~q~q~bgp94qq9ryl~Q~~q~:~q~:~t~~~:~~]@i[[[P~[:[:~~[pq~~i~~q~
I.ID'~~~pr~Y~Q1g9"R~{,~q,P9g,ri,phy,gr"9~fj'~r:[[PDY~!9,~",R969i~i8r)~~iDlm!9m'9i'~~ii:~i[:~~:r~i:g
~[~
roq~"9!~[i~~~gp:rg~*~:i':p~::':~~~':'~PPrqpri~!~'g9~!:rQI~~:,:::~@,9Y'8."
- 27 -
__ __m______
Section 15
The Bozeman Municipal Code be amended by amending Section 16.14.130, and that such
section shall read as follows:
"16.14.130 Watercourse setback.
^ minimum a5 foot sctback shall be provided from the mean high water mark on eaeh side
of all natural atreams, ri'Jcrs, crcel(s, drainagc, waterway, gully, ravine or wash in which water
flows either continuously or intermittently and haD [J dcfinite ehanncl, bcd, and banks. ^
, ,
minimum of fivc feet of the required setback immediately adjacent to the watereouroe shall be
left in a natural vcgetative state. No structures, parking, or other similar improvement shall be
A
,;';"':!.
'~i'~it:;/
Section 16
The Bozeman Municipal Code be amended by amending Section 16.16.010, and that such
section shall read as follows:
"16.16.010 General.
For the purposes of these regulations, the terms "street" and "road" may be used
interchangeably.
- 28 -
-------
- -- - -- ------- - ---
-
---
The arrangement, type, extent, width, grade, and location of all streets shall be considered
in their relation to existing and planned streets, to topographical conditions, to public con-
venience and safety, and to the proposed uses of the land to be served by such streets.
The design standards contained in these regulations shall apply to all construction,
reconstruction, and paving of streets or roads dedicated to the public or within the County
maintained road system, and to streets or roads improved through the special or rural
improvement district process.
A. Relation to Un-Subdivided Areas:
When a ReWpr9Pp~ijq subdivision adjoins un-
subdivided land susceptible to being subdividcd,~ijgiR9~~~9Jh~qrBiY9giY@~~I-I~pg
W9qlq:r~~~~Q~~!i'p~$$:tQrgl.lgh~Q~6~i$gJ.)qiY~~i9h, #teA streets wirhiprng.:prgpgiiq:
......................................,."""""",,,....,".""".,.,.,..................................
.................................. ,.............................""."".,,,,,,,,,,,,,
~.9.pg.!X!~~qm shall be sa arranged 5&-itS to allow the suitable development of the
adjoining areas ymt~4pgiyi~g~ lanq.
Proposod o~treets y.,.ithiQtq~.prppg~~q:
&ubqivisj9n shall be constructed to the boundary lines of the tract to be subdivided,
unless prevented by topography or other physical conditions, in which case a variance
must be approved by the appropriate governing body.
B. Relation to Subdivided Areas: The subdivider shall arrange the streets to provide
for
the continuation of streets between adjacent subdivided properties when such
continuation is necessary for the convenient movement of traffic, effective provision
of emergency services, and efficient provision of utilities.
c. SeDaration of Throuah and Local Traffic: Where a subdivision abuts or contains an
existing or proposed arterial or collector street, the subdivider may be required
to
provide frontage roads, reverse frontage with a reservation prohibiting access along
the rear property line, screen planting, or such other treatment as may be necessary
for protection of residential properties and to afford separation of through and local
traffic.
D. Distance Between Parallel Riahts-Of-Wav: Where a subdivision borders on or contains
a railroad, limited access highway, canal, ditch, or stream right-of-way, the subdivider
may be required to provide a road approximately parallel to and on each side of such
right-of-way at a distance suitable to allow for the appropriate use of the intervening
land. Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separation.
E. Dead-End Streets: No dead-end streets shall be permitted without an approved turn
around. Where streets terminate, the
subdivider shall provide a cul-de-sac at the
- 29 -
terminus. Cul-de-sacs
must conform to the appropriate City or County design
specifications.
Where it is planned that a dead-end road will be extended in the
future, a temporary cul-de-sac shall be provided. All approved turn arounds shall
be
signed IIno parking II .
"T" turnarounds, in lieu of a cul-de-sac, must be specifically approved by either
the
County Road Superintendent or City Engineer, as appropriate.
liT" turnarounds on
county roads shall include two straight backup lengths of thirty (30) feet each, shall
have an inside turning radius of twenty-six (26) feet, and shall have an outside turning
radius of thirty-eight (38) feet.
liT" turnarounds on city streets shall include two
straight backup lengths of forty-five (45) feet each to accommodate city fire trucks.
All other design requirements shall be established by the City Engineer.
F. Minor Streets: Minor streets shall be laid out so their use by through traffic will
be
discouraged.
G. Half Streets: Half streets may be permitted only when it is shown they are beneficial
to the City or County and are approved by the City Public Service Director or County
Road Office.
H. Second or Emeraencv Access:
To facilitate traffic, the provision of emergency
services, and the placement of utility easements, the subdivider shall provide all
subdivisions with six (6) or more lots with a second means of access.
If, in the
judgment of the appropriate governing body, a second dedicated right-of-way cannot
be provided for reasons of topography or other physical conditions, the subdivider
shall provide an emergency access,
built to the standards detailed in these
Regulations.
The subdivider may be required to provide a second or emergency access for minor
subdivisions if the maximum cul-de-sac length standard is exceeded or if topography
or physical conditions so warrant.
I. Street and Road Desian Standards. General. The design standards contained in these
Regulations shall apply to all construction. reconstruction, and paving of streets
and
roads dedicated to the public or within the City or County maintained road system,
and to roads improved through either the special or rural improvement district
process. The variance procedure and standards of these Regulations shall apply to
these streets and roads.
- 30 -
J. Bridaes and Culverts: Bridges shall be built to Montana Department of Transportation
H-20 load standards and approved by the County Road Office.
1 . Culverts or bridges shall be provided
and installed by the subdivider where
drainage channels intersect any road
or street rights-of-way. All culverts
shall, at a minimum, extend across
the entire improved width of the road
or street cross section. The size
and length of the culvert and the amount
of backfill over the culvert shall
be determined by a registered professional
engineer, when determined necessary
by the County Road Office.
2. Each
culvert or other
drainage facility shall
be large enough to
accommodate potential runoff from
upstream drainage areas. The
minimum capacity of a culvert shall
be equivalent to a circular diameter of
fifteen (15) inches.
K. Encroachment Permits:
The subdivider shall be required to obtain encroachment
permits for all access to county roads and state highways.
~;",,'::::,a~i:~~:~'JmR~9~~i~~8::::~I:::~i~~~i'yi~~ri~9~~p,m!~~:,:,~'::~~:~OO'~!i~~:::~~'~~'i!~~~:I~~:::':~rm::~~r~l!m:ig~rY
pj~~,:~,~RPr9yil@ft~r'~~~Mi:y:~~:::j~~~",1,~g%~~~~lp~y"'~~:~t9i:~'~::'!,I:pi~~::j~f~~~~:::~Q,::~~i~
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i~!9B~~;,II
Section 17
The Bozeman Municipal Code be amended by amending Section 16.16.070, and that such
section shall read as follows:
" 16.16.070 Paving 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 . Timina Reauirements:
a.
All streets shall be paved prior to the issuance of a building permit
for any lot within the subdivision.
b.
The subdivider shall meet one of the following requirements for
completion of paving. The option SHALL be specified in the
preliminary plat submittal.
(i) The subdivision streets shall be paved prior to final plat
approval; or
(ii) 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 City of Bozeman; or
- 31 -
(iii) 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 Bozeman.
B. Outside the City Limits:
Roads within subdivisions that will carry greater than one
hundred (100) trips per day shall be built to the paving standards in these Regulations
and in accordance with the timing requirements below.
Trips per day will be
calculated based on an average of eight (8) trips per day per household.
1 . Timinq Requirements:
The subdivider shall meet one of the following
requirements for completion of paving.
The option shall be specified in the
preliminary plat submittal.
If option (b) is chosen, the subdivider shall
enter into an improvement agreement
as set forth in 8.2. below.
a.
The subdivision roads shall be paved prior to final plat approval; or
b.
Paving shall be completed within four years of the date of preliminary
plat approval of the subdivision, or within one year of homes being
built on fifty (50) percent of the lots within the subdivision,
whichever occurs first.
2.
Pavinq ImDrovement Aqreements: The purpose of improvement
guarantees is to insure the paving requirements of this Chapter are
met.
a. If paving option b. is chosen, the County Commission shall
require an Improvements Agreement as a condition of final plat
approval. The
Improvements Agreement shall meet the
following standards:
(i) The length of time of the agreement shall not exceed
four (4) years from the date of preliminary plat approval.
(ij) Security in the amount equal to 126 %1H>t)%, of the
cost
.
. . . . . . . . . . . . . . . .
of the paving shall be included. 1~11~!~Qg9qQty..lji~.tm~:
Ifil~lle_~~~~~I~~I'iq~I~IIII!r~I!~'~[!~I~':I!~~illll~:
.......................................0.............................
................t)cf....a. .......
~gt;'m~~~$Q~~!:~:ggrQ~I:ty~q~$9:.::!~!:~tf~ S uc h se
curity
shall be in the form of a ouroty bond, certificate of
deposit, letter of credit or cash.
(i i i) The required security shall not be reduced or paid out
until all paving requirements are met. $gpq:dti:::::::~:~~
.lm:~f:~~~.ifl~:~~~,,:(;j~f\~h~tl~h...~~~~r~.~($9ggiy.jii.QO~::,rQ~~:
$.::'~fi~1i~
iq[~~~~.g@]~rOOiQ@~,:Qy:'.~b:~::.~.~1Yn'y..Bg~g~qpi[yi~pr~q~:
.......................................90%
~ygQ.~h@~Qg~m9r~~~~h:~p.~:::::Q'Qj~y(]~jr9j'U:~:f~H9J~h~
@gqqri~yi~[~!~~~i~pri9r~qp9mt,.li~~gm~.~9~',:!61:pr9Mi.~~q~~.
(iv) The Agreement and security shall be satisfactory to
the
County Attorney as to form and manner of execution.
- 32 -
--
...------
b.
The subdivider shall do either of the following to meet the
paving requirement:
(i) Pave according to the requirements of these regulations.
Reimbursement in accordance with this section may be
paid when and if future subdivision occurs along the
access road; or
(ij) Initiate a Rural Improvement District (RID) to meet the
paving requirements of these regulations.
If the RID
fails, the subdivider shall comply with the provisions
of
this Chapter. Reimbursement in accordance with this
section may be paid when and if future subdivision
occurs along the access road.
c.
ProDortionate Reimbursement. If subsequent subdivision occurs
along the primary access road which is improved according to
this section, the
County Commission shall
include
reimbursement of the improvement costs as a condition of
preliminary approval of any subsequent subdivisions. This
reimbursement condition shall be in effect for ten (10) years
from the date the County Commission directs the original
subdivider to pave the primary access road. The proportionate
reimbursement shall be determined according to the following
formula:
(i)
Traffic generated by
Subsequent
subsequent
subdivider's cost =
subdivision
Total cost of
Total traffic
improvement
capacity of
improvement
s
( ii) The County Road Office shall review all traffic and
improvement cost information.
d.
Reimbursement MethodoloQv ~ The original subdivider shall
forward the total costs of improvements to the Gallatin County
Planning Department within sixty (60) days of the completion
of improvements. Subsequent subdividers shall pay their
proportionate reimbursement to the planning department. The
planning department shall then make disbursements within
sixty days of receiving reimbursement funds. To assist in the
increased cost of winter and long term maintenance, twenty-
five (25) percent of the proportionate reimbursement shall be
allocated to the County Road Office. Reimbursement funds
shall be spent only for maintenance of the road which
generated the reimbursement. The remainder of the funds
shall be disbursed proportionately to the record lot owners in
the subdivision that instigated the improvement. Record lot
owners shall be determined as of the day that the planning
department receives reimbursement."
Section 18
The Bozeman Municipal Code be amended by amending Section 16.18.030, and that such
section shall read as follows:
"16.18.030 Environmental assessment contents.
A. Surface Water:
1. MaDDinQ.
Locate on a plat overlay or sketch map all surface waters
and the delineated floodways which
may affect or be affected by the
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_,,_.n,,___
proposed subdivision including:
a. Natural water systems such as streams, lakes, rivers, or
marshes.
b. Artificial water systems such as canals, ditches, ditch/streams,
aqueducts, reservoirs, irrigation or drainage systems.
2. Description. 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.
a. Describe proximity of proposed construction (such as
buildings, sewer systems, roads) to surface waters.
3. Water Bodv Alteration. Describe any existing or proposed streambank
or shoreline alterations or any proposed construction or modification
of lake beds, stream channels, or irrigation ditches. Provide
information on location, extent, type, and purpose of alteration.
4. Wetlands. When the soil survey maps indicate hydric soils are
present, the subdivider shall provide a wetlands delineation completed
~~g~neCe~~i:)J:tl:~~~'f~~n~~I~salibit~r~~.~iq~.~~...I~tt~~~i~_i[~~i~~~I-
;B~Mt~tl~D~~::':~~'!:!n~~,~!9D'~h~llp~~B9MtI"l9I"1tH~fiQ~lp~i;" When any
construction or changes are proposed in or :.1round the wetlands, a
404 permit s-RaH WiIIQ~fgQq:if~qt9 be obtained from the U.S. Army
Corps of Engineers,andacopyU"of the permit submitted with the
~6~~~iq~~~IH,~~'i,~~i'~hi~!~~I~I~llli~~~iil'1Ir:!:1,II;illlll
IH'!9H:~X~fi@$99Q~r. If 0 permit has not yet been issued by the Corps,
a letter from the Corps indicating thc viability of obtaining the permit
sh::!1I be submitted with thc Environmcntal Asscssmcnt.
B. Groundwater.
1. 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 shall be determined from
tests taken during the period of major concern as specified in writing
by the County Health Department. Specific locations for test holes
may also be determined by the County Health Department.
2. Steps to Avoid Dearadation. Describe any steps necessary to avoid
the degradation of groundwater and groundwater recharge areas.
C. Geoloav - Soils ~ Slopes:
1. Geoloaic Hazards. Identify geologic hazards affecting the proposed
subdivision which could result in property damage or personal injury
due to rock falls or slides; slides~land, mud, snow; surface subsidence
(i.e., settling or sinking); or seismic activity.
2. 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 above.
3. 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, highwater table, unstable or expansive soil
conditions, and slope. On a map, identify any slopes in excess of
fifteen percent (15%) grade.
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-.----- ~---
4. Soils MaD.
The Subdivision shall be overlaid on the Gallatin County
Soil
Survey maps obtained
from the Natural
Resource and
Conservation Service (NRCS). The
maps are 1 :24,000 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 subdividers to possible
problems and the need for a more
detailed on-site investigation. The
subdivider shall provide the following
soil reports, which can be
obtained from the NRCS:
a.
The physical properties and engineering indexes for each soil
type;
b.
Soil limitations for sanitary facilities, building site development,
and water features for each soil type;
c.
Hydric soils report for each soil type. If hydric soils are
present, the subdivider shall provide a wetlands investigation
by a certified consultant, using the U.S. Army Corps of
Engineers Wetlands Manual; and
d.
The subdivider shall provide any special design methods
planned to overcome the above limitations.
5. Cuts and Fills.
Describe the location and amount of any cut or fill
three (3) or more feet in depth.
These cuts and fills should be indi-
cated 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.
D. Veaetation.
1. Veaetation MaD. On a plat overlay
or sketch map:
a.
Indicate the distribution of the major vegetation types such as
marsh, grassland, shrub, coniferous forest, deciduous forest,
mixed forest.
b.
Identify critical plant communities such as stream bank or
shoreline vegetation; vegetation on steep, unstable slopes;
vegetation on soils highly susceptible to wind or water erosion.
c.
The subdivider shall 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 Weed Control District for control of noxious weeds shall
be submitted with the preliminary plat application.
2. Protective Measures. Describe measures
to preserve trees and critical
plant communities (e.g., design and
location of roads, lots and open
spaces) .
E. Wildlife.
1. SDecies.
Describe species of fish and wildlife which use the area
affected by the proposed subdivision.
2. Critical Areas.
Identify on a plat overlay or sketch map of the
proposed subdivision any known critical
or "key" wildlife areas, such
as big game winter range, waterfowl
nesting areas, habitat for rare or
endangered species, wetlands.
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3. Protective Measures. Describe any
proposed measures to protect or
enhance wildlife habitat or to minimize
degradation (e.g., keeping
building and roads back from shorelines;
setting aside marshland as
undeveloped open space).
4. The subdivider shall discuss the
impact of the proposed development
on fish and wildlife with the Department
of Fish, Wildlife and Parks
(FWP). The subdivider shall provide
a written statement outlining any
recommendation of FWP and any mitigation
planned to overcome any
adverse impacts.
F. Historical Features.
1. Affected Areas. Describe and locate
on a plat overlay or sketch map
any known or possible historic, paleontological,
archeological, or
cultural sites, structures, or objects
which may be affected by the
proposed subdivision.
2. Protective Measures.
Describe any plans to protect such sites or
properties.
3. The subdivider shall discuss the
impact of the proposed development
on any historic features, and the
need for inventory, study and/or
preservation with the State Historic
Preservation Office (SHPO). The
subdivider
shall provide a
written statement outlining
any
recommendations of SHPO and any plans
for inventory, study, and/or
preservation and any mitigation planned
to overcome any adverse
impacts.
G. Visual Impact.
1 . Measures.
Describe any efforts to visually blend development
activities
with the existing
environment (e.g., provisions
for
appropriate building materials, colors,
street design, underground
utilities, and re-vegetation or earthworks.)"
Section 19
The Bozeman Municipal Code be amended by amending Section 16.18.050, and that such
section shall read as follows:
"16.18.050 Community impact report contents.
Provide a summary of the following community impacts which have not been addressed
by the information required in Chapter 16.18.040.
A. Water Supplv.
1. Description of Use.
Describe how water will
be provided for
household use and fire protection.
2. Capacitv.
Indicate the number of gallons per day of water the
proposed subdivision will require
and whether the water supply is
sufficient to meet the needs of the
anticipated, final population of the
subdivision.
Identify any anticipated effects on existing water
systems or wells within the area.
3. State Standards.
Indicate whether the plans for water supply meet
the standards of the State Department
of Environmental Quality for
quality, quantity, and construction
criteria.
4. Existina Public System.
If the subdivider proposes to connect to an
existing water system:
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- --..
- -.---- ---
a.
Identify and describe that system.
b.
Provide written evidence that permission to connect to that
system has been obtained.
c.
State the approximate distance to that system.
d.
State the cost of extending or improving the existing water
system to service the proposed development.
e.
Provide an engineering
design report and/or other
documentation demonstrating that adequate water distribution
system and treatment works capacity exists to serve the
proposed subdivision.
5. New Public System.
If a separate public water system is to be
installed, discuss:
a.
Who is to install that system and when it will be completed.
b.
Who will administer and maintain the system at the beginning
of subdivision development
and when subdivision
is
completed.
c.
Provide evidence that the water supply is adequate in quantity,
quality, and dependability.
d.
When the system will be completed, and how it will be
financed.
6. Individual System.
If individual water systems are to be provided,
describe the adequacy of supply of
the groundwater for individual
wells or cisterns and how this was
determined.
B. Sewaae Disposal.
1 . Method.
Describe the proposed method of sewage disposal.
2. Capacity.
Indicate the number of gallons of effluent per day which
will be generated by the proposed
subdivision at its full occupancy,
whether the proposed method of sewage
disposal is sufficient to meet
the anticipated final needs of the
subdivision and whether it meets the
standards of the Department of Environmental
Quality.
3. Existina Public System.
If the development will be connected to an
existing public sewer system, include:
a.
A description of that system and approximate distance from
proposed subdivision.
b.
Written evidence that permission to connect to that system
has been obtained.
c.
State the approximate distance to that system.
d.
State the cost of extending or improving the existing sewer
system to service the proposed development.
e.
Provide an engineering
design report and/or other
documentation demonstrating that adequate sewer collection
system and treatment works capacity exists to serve the
proposed subdivision.
4. New Public System. If a new public
sewage disposal system is to be
installed, discuss:
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------
a.
When the system will be completed, and how it will be
financed.
b.
Who is to administer and maintain the proposed system at the
beginning of subdivision development and when development
is completed.
c.
Provide evidence that the sewer supply
is adequate in
capacity, quality, and dependability.
C. Solid Waste Disposal.
1 . Collector System. Describe the proposed
system of solid waste
collection and disposal for the subdivision
including:
a.
Evidence that existing systems for collection and facilities for
disposal are available and can handle the anticipated additional
volume.
b.
A description of the proposed alternative where no existing
system is available.
c.
Whether the proposed method of solid waste disposal meets
the standards of the Department of Environmental Quality.
D. Streets and Roads.
1 . DescriDtion.
Describe any proposed new public or private access
streets or roads or substantial improvements
of existing public or
private access streets or roads.
2. 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 or road within the
subdivision.
3. Modification of Existinq Streets
or Roads. Explain any proposed
closure or modification of existing
streets or roads.
4. Dust. Describe provisions considered
for dust control on streets and
roads.
5. Pollution and Erosion. Explain how
road maintenance will be provided
to
meet the Department of
Health and Environmental
Quality
guidelines for prevention of water
pollution and erosion.
6. Installation and Maintenance.
Indicate who will pay the cost of
installing and maintaining dedicated
and private streets and roadways.
7. Traffic Generation. Discuss how much
daily traffic will be generated
on existing local and neighborhood
streets, roads and main arterials,
when the subdivision is fully developed,
and provide the fOllowing
information.
The Report format shall
be as follows: A. Trip
Generation, using 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. The
Public Service Director, during the
pre-application submittal review,
may waive the requirement for any
of the required information.
However, such request for a waiver
must be made by the subdivider
at the time pre~application submittal
is made.
a.
Land Use and TriD Generation. 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.
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.._n._m.... ___.... __n
-. .-. -.--.-
b. Traffic Graohics, which show:
(i) AM peak hour site traffic;
(ii) PM peak hour site traffic;
(iii) AM peak hour total traffic;
(iv) PM peak hour total traffic;
(v) Total daily traffic (with site generated traffic shown
separately) .
c. AM and PM CaDacitv Analvsis.
An AM and PM peak hour
capacity analysis shall be provided for:
(i) All major drive accesses that intersect
collector or arterial
streets; and
(ii) All arterial-arterial, collector-collector, and arterial-collector
intersections within one mile of
the site, or as required by
the Director of Public Service during
the pre-application
review.
d. Additional Analvsis Criteria:
(i) Appropriate clearance intervals shall
be provided for each
exclusive movement.
Pedestrian movements must be
provided for each cycle and pedestrian
overpasses shall
not be at intersections.
Maximum pedestrian walking
speeds shall be four feet per second
with a minimum
"WALK" time of seven seconds.
Intersection pavement
widths shall not exceed that required
to provide three
through lanes in each direction,
dual left-turn lanes and
right-turn lanes.
(ii) Traffic progression will be of paramount importance.
Consequently, all potential intersections
with signals will
be
placed on quarter-mile
points unless otherwise
approved by the Director of Public
Service.
(iii) $!r~'~~~"!Q~"'~intersection level of service "C" shall be the
design ~1'19gp~r~!!gl'1@l: objective,
and under no conditions
will less than level of service "0"
be accepted for aite
opcration3.
^rtcrial intcrsections and turning opcrations
!!!"'~:rt~r!ijl"ij:mq,,"'9PJ!~S~gr~tf-~~~@:'::::::
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service "C". If levcl of scrvicc
"E" ia the rcsult of the
study, then JltornJtive::: of providing
level of Gervice "0"
ahall be analyzed and includcd as
part of the :::tudy.
~E!r~!' c~t~~~;~~ii~{:1111f1ir~!
e. Summary Analvsis explaining:
(i) The proposed access points for the
project, their location,
and
the rationale for
their placement in
terms of
circulation.
(ii) Future off-site road improvements for access, which roads
they will be, the projected time
frame for their completion,
and who is responsible for their
completion.
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~~... ..--. ...- -. -.- .-. --.. - --.-.-
(iii) ADT and level of service changes to all streets.
(iv) Describe how traffic impacts to existing streets will be
minimized by the subdivision.
(v) Describe bicycle and pedestrian pathways to be developed
with the development, if used.
8. Caoacity. Indicate the levels of
service (before and after) 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.
9. Year
Round Access. Explain
whether year-round access
by
conventional automobile will be available
over legal rights-of-way to
the subdivision and to all lots and
common facilities within the
subdivision.
10. Private Access.
Indicate ownership of any private access to the
subdivision.
E. Utilities.
1 . Affected Utilities. Indicate which
affected utilities the subdivision plat
has been submitted to for review,
and include a copy of responses.
2. Include a Descriotion of:
a.
The method of furnishing electric, natural gas, cable TV, or
telephone service, where provided.
b.
The extent to which these utilities will be placed underground.
c.
Estimated completion of each utility installation.
d.
The subdivider shall provide a written statement from the
utility companies that the proposed
subdivision can be
provided with service.
F. Emeraencv Services.
1 . Describe the emergency services available
to the subdivision such as:
a.
Fire Protection. Indicate which urban or rural fire district the
proposed subdivision is located in, and if not located in such
a district, if a district will be formed or extended. If the
subdivision is not located in a fire district and one will not be
formed or extended, explain what fire protection procedures
are planned for the subdivision.
b.
Police Protection.
c.
Ambulance Service.
d.
Medical Services.
2. Give the estimated response time
of the above services.
3. Describe how the needs of the proposed
subdivision for each of the
above services can be met by present
personnel and facilities. If the
needs cannot be met by present personnel
and facilities, describe
what additional expense would be
necessary to make these services
adequate, and indicate at whose expense
the necessary improvements
would be made.
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-....---- .- -.-..-
a.
Indicate whether the subdivision preliminary plat has been
submitted to affected above agencies; if so, include copy of
response.
b.
The subdivider shall discuss the impact of the proposed
development on the provision of emergency services with each
of the providers. The subdivider shall provide a written
statement outlining the recommendations of the providers and
any mitigation planned to overcome any inability to provide
services or adverse impacts.
G. Schools.
1 . Available Facilities. Describe the
available educational facilities which
would service this subdivision.
2. School Children. Estimate the number
of school children that will be
generated from the proposed subdivision.
3. Provide a written statement from
the administrator of the appropriate
school system indicating whether
the increased enrollment can be
accommodated by the present personnel
and facilities and by the
existing school bus system.
H. Land Use.
1 . Plannina.
Describe comprehensive planning
and/or land use
regulations covering the proposed
subdivision or adjacent land and if
located near the jurisdictional area
of an incorporated city or town,
whether annexation is proposed.
2. Public Lands. Describe how the subdivision
will affect access to any
public lands. Where public lands
are adjacent to or near the proposed
development, describe present and
anticipated uses for those lands;
(e.g., grazing, logging, recreation,
etc.), and how public access will be
preserved/enhanced.
3. Adiacent Land Use. Describe the effect
of the subdivision on adjacent
land use.
4. 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 should be accurately
described and their origin
and location identified.
List any provisions that will be made to
mitigate these hazards.
5. Nuisance.
Describe anyon-site or off-site land uses creating a
nuisance, such as unpleasant odors,
unusual noises, dust or smoke.
I. Housina.
1 . Indicate the proposed use{s) and
number of lots or spaces in each:
a.
Residential area, single family.
b.
Residential area, multiple family. Types of multiple family
structures and numbers of each (e.g., duplex, four-plex).
c.
Planned Unit Development (number of units).
d.
Condominium (number of units).
e.
Mobile Home Park.
- 41 -
.----------
f.
Recreation Vehicle Park.
g.
Commercial or Industrial.
h.
Other (please describe).
2. Indicate whether the subdivision
is planned as a second home or
recreational subdivision.
J. Parks and Recreation Facilities.
Describe park and recreation facilities to be
provided within the subdivision and other recreational facilities which will serve
the
subdivision.
K. Taxation.
1 . Acreaae.
Include a list of the number of acres in each land
assessment classification prior to
subdivision.
2. Existina Taxes.
Describe any existing tax and existing or proposed
special assessments which will affect
the subdivision.
3. Anticipated Taxes. Estimate the increased
amount of taxes that will
be generated by the subdivision at
full development using existing
valuations and mill levies.
L. Accessibilitv of Service Svstems and Facilities.
Provide total distances over road
types to each of the following services or facilities:
Unimproved Graded Graveled
Paved
Street/Road Street/Road Street/Road
Street/Road
Fire Protection
Police Protection
Hospital Facilities
Elementary School
High School
M. Effects on Aariculture.
Supply the following information:
1 . The number of acres in production
of crops.
2. The productivity of the land.
3. Whether or not the property is part
of a viable farm unit, and whether
the property was under production
during the last regular season.
4. The other uses of land in the general
locality.
5. What measures will be taken, if any,
to control family pets.
6. Fencina of Aaricultural Land. Describe
any existing fence lines around
the subdivision boundary which protect
agricultural lands under an
ownership other than that of the
subdivider, and describe any
measures which will be taken to insure
that the owners of the
subdivision will share with the owner
of the agricultural lands in the
continued maintenance of the fence.
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-..--.. -- -----
N. Effects on Aaricultural Water User Facilities.
1 . Type, description of facility.
2. Ownership, users of facility.
3. Describe any proposed realignment,
and provide written authorization
of the affected water users for the
proposed realignment."
Section 20
The Bozeman Municipal Code be amended by combining Sections 16.20.020, 16.20.030
and 16.20.040 and amending the combined Section 16.20.020, so that such section shall read
as follows:
"16.20.020 Procedure.
If any portion of a proposed subdivision is within two thousand (2,000) horizontal feet and
less than twenty (20) vertical feet of a watercourse draining an area of twenty five (25) square
miles or more, and no official floodplain or floodway delineation study of the watercourse has
been made, the subdivider shall provide in detail ,i:,,'fH?9gp~iiiJ"~'ifi~"lY'~I'~:r~ppr~"'@~~it'm~n!n9 the
calculated 1 OO-year frequency water surface elevations andlef 1 OO-year floodplain boundaries.
Thia detailed information 1~~"','~m~'Y~!~'~n~r~P9m shall be performed Bt~P~t~~ by a licensed
professional engineer cxpcricnccdql:ialifi~a in this field of work.
... .........,.,."."..
......,.,,,,,,,,,,,,. ,
A. Submission of ReDort: Thi::; information i"~r~Bqr~ shall be submitted at the time
of preliminary plat application. This information %b~r~pgU may be submitted, upon
the request of the appropriate governing body, to the Floodplain Management
Section, Water Resources Division,
Department of Natural Resources and
Conservation, for review and concurrence.
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- 43 -
16.20.030 Survey data.
The survey dJtJ to be submitted to the Water Resources Division, Department of Natural
Resources and Conservation, sh:311 include:
^ Contours: A eopy of the plat showing contour intervals.
~ ".
S:- 3~ Benehmarkf$J: The location and elevation
of a temporary
benehmark'($} established within
the subdivision and referenced to
mean sea level with appropriate elevation
adjustment.
G:- 4L Cross Sections ~~~ll~~!I~]d~~~jm:l~i,~i~':
a minimum of four (~) ourveycd
valley cross sections of the stream
aeeording to the following
requirements:
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Cross sections ::;hall include the ::;tream channel and
floodplain on both bJnl(s.t4rQ$$$~Qjjgm~,h:!v~~~gm:l.:jj:~:iji
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One cross section shall be taken at a point on the
~/.. .
::;tream from which it could be extended through the
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3. Three
(3) cross sectiono shall be tJI(en downstream from the
subdivieion, each approximJtely 1,000
feet apart, but in no oa::;e may
the vertieJI drop between ero::;::;
sections e><cood five (5) feet. The
eroOG scetion farthest downstream
should be located at a natural
conotruetion or bridge crossing.
Cross sections shall be taken at any
bridgo location between the Gubdivicion
and lowect croes ceotion.
4. DistJnees betwcen cross sections
arc to be determined by stadia, and
theDe distanceD and 10eationD of
cross sections shall be Dhown on the
location mJp.
5. The overbank cross sections arc to
be cxtended to obtain J vertical
rise of fifteen (15) feet above the
water surface.
..:!!:....!:.NOTE:
Photogrammetric methods may be used in lieu of cross
sections whenever appropriate and
when reviewed and approved by
the City or County ~pprppd~t~tlpgijpl~lg&ij,ffdtj:
i~tr~tgf.
............................................................,.,...
,.................................
D. Foot Marie If a U.s. Geological Survey gauging station is within the reaeh of the
stream under study, the elevation of any convenient foot mark surveyed and clearly
indicated on the location map.
~ ~" Bridaes:
Descriptions and sketches of all bridges within the reach,
showing unobstructed waterway openings
and elevations.
.... 44 ....
---. .-----
- .-...---------
~ EU Water Surface: Elevations of the
water surface determined by survey
as part of each valley cross section.
~..~ .........................lil~';1111....~rll!~
i!;llf..~li~I:~\~_IIII~lllllj!..!!!!!.!..~~
b;)~OPqj'fil~$....(6~ri.pppy',iOdgnii$KifdU~
. . . . . . . . . . . . . . . . .
. . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . .
P.; .::,.:,'., """,:~~~g~~t~I!~",~~~~~~~~!9D~Y~.f
G. Profilea: ^ profile sheet prepared on cross section pJper of ten (10) divisions to
the
inch, showing the obGerved w~ter surfacc profilc, location of cross section,
cubdivicion boundaries, ri'JerbJnl< profile, Jnd thJlwcg (loweat point of the ahJnnel
bottom ~Iong thc rc~ch of strc~m.)
H. Location: ^ location map, such aa a U.S. Goologioal Survey 7 % minuto quad or
similar map, showing thc propos cd subdivision, the locations of the valley croas
section, and any gauging atation.
16.20.040 Cross section soalc.
CrosG seetion~ shall bc plotted on cross scction paper of ten (10) divisions to the inch
ucing any convenient, identified acale for vertical and horizontal di:::;tancc."
Section 21
The Bozeman Municipal Code be amended by renumbering Section 16.20.050 to Section
16.20.030, and amending Section 16.20.030 so that such section shall read as follows:
" 16.20.0501fi)2tUQ30 Waiver of requirement.
The appropriate governing body shall waive this requirement where the subdivider contacts
the Water Resources Division, Department of Natural Resources and Conservation, and that
agency states in writing that the a'J'ailablc data indicate that the proposed subdivision is not in
the flood hazard areaiiqi~iD!q~Q(Pii9hip.j~r."
Section 22
The Bozeman Municipal Code be amended by amending Section 16.22.040, and that such
section shall read as follows:
"16.22.040 Improvements agreements.
A. If an Improvements Agreement is used to guarantee the completion of required
infrastructure, it may allow for the staged installation of improvements in defined
areas and in accordance with an approved time schedule. No building permits will
be issued !gr:!hi!g~~,!YJ!in within the City's building permit jurisdiction until
all
- 45 -
---...--..-
__n_.__
~~UjQ~ri~ water and sewer infrastructure and street gravel courses are installed and
accepted. The improvements in a prior increment must be completed or the
payment or guarantee of payment for costs of the improvements incurred in a prior
increment must be satisfied before development of future increments.
If,i(:iiri
,:.:.:.:.:.:.:.:.:.:.;.:.:.:.
!mpr9Y~m~q~~"lir9:~rn,ifi~:::::::::!~'::::::::~:!!~~::::::::'y{.!~~:::,:':::~~'!::":'fHJ:i!::::::::~~~~'!:~:!~~~~::::::::::~!i:~:::::::::~~:::::::::ii
~~:~i,
!fi~f~~~~:9~~9r~imprpY~m@D~~]"'~"'~!~~r~~~::~~~'~I!~~:i':itt~'I~':::ij'~'::~~I~~':":vti'~"~'~~""~IQ~I-j?~~~
~H~~9Ii~rl'W::~;~~i::~:nij~::::~:4~lqi9QPitmni>>,i~IQ919~i~~4iq:::49~:m::~~~:::I:I~lt:::~fi~::::I~>>,~:r
jpfrii~~'ij9~ijri:::::::::::iQg::::::::::iJri~l""Qri.YiJq9qr!i~iri,~9i~,!!ig.-,::'i:!1!g:::::::::::~:9,ij:IP11~:~
All
improvements agreements shall meet the following standards:
1 . The length of time of the Agreement shall not exceed four (4) years
from the date of preliminary plat approval.
The Agreement shall
stipulate the time schedule the subdivider proposes for accomplishing
the required improvements.
2. Security in the amount equal to one hundred fifty (150) percent of the
estimated cost of the improvements shall be included, with the
estimated cost
of improvements
provided by the
subdivider's
professional engineer.
The appropriate governing body has the
discretion to require a second estimate of the cost of improvements,
with the cost of obtaining the second estimate borne by the
subdivider. Such
security shall be in the form of a surety bond,
certificate of deposit, letter of credit, or cash. The Agreement shall
stipulate which type of security arrangements will be used.
3. The Agreement and security shall be satisfactory to the City or County
Attorney as to form and manner of execution.
4. Security for improvements other than internal subdivision roads, water
and sewer mains, shall be reduced only upon recommendation of the
City Engineer and/or County Road Supervisor and approval by the
appropriate governing body, upon request by the subdivider. Requests
for partial release of security shall only be in amounts such that the
security will always equal one hundred fifty (150) percent of the value
of the uncompleted work, as determined by the City Engineer and/or
County Road Supervisor and such that not more than ninety (90)
percent of
the security is
released prior
to completion of
improvements.
5. The Improvements Agreement shall be filed with the final plat.
The
financial security shall be placed in the keeping of either the City
Treasurer or County Clerk and Recorder, as appropriate."
Section 23
The Bozeman Municipal Code be amended by amending Section 16.26.020, and that such
section shall read as follows:
"16.26.020 Procedure.
The procedures as outlined in Chapter 16.08, Review Procedures for Major Subdivisions,
shall be followed except as follows:
- 46 -
A. Final Approval Procedure:
1 . The subdivider shall submit an original
twd::::::6~"dh'~J$ and three (3)
"",,,..,........,..
.............
,...,,,,,,......,........
............
.......................
copies of the plan, with required
revisions, together with all t~qyir-~g
signed certificates and documents,
as required.
2. Before any portion of a rental or
lease subdivision may be rented or
leased, the subdivider shall have
installed all required improvements.
Final plans, profiles, and specifications
for proposed improvements
shall be submitted to the appropriate
governing body for its approval
prior to the construction of improvements.
The appropriate governing
body may provide for inspection of
all required improvements in order
to assure conformance with the approved
construction plans and
specifications.
A letter from the City Engineer or County Road
Superintendent, whichever is applicable,
shall be submitted to the
planning office with the final plat
application, where applicable,
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.
b.
Copy of the State Highway Permit when a new street or road
will intersect with a state highway.
3. The
planning office shall review the plan to ascertain that all
conditions of preliminary approval
have been met.
4. The appropriate governing body shall
examine the plan within tffit:t.y
f6Gt ~9~~~~:!~~':~~~(~~:~ days of
the date of submission and shall approve
it if it conforms to the conditions
set forth on the preliminary plan and
the terms of these regulations. If
approved, the appropriate governing
body shall so certify in a printed
certificate on the plan and provide the
subdivider with one (1) copy thereof.
The original shall be filed with
the County Clerk and Recorder ~$~"miiq~II~'~'iQM~:
M:::RJp94m~~~ and
........................................................."..,."........".,.,..........
one (1) copy of the approved plan
shall be retained in the planning
office. If disapproved, the appropriate
governing body shall write the
subdivider a letter stating the reasons
therefor.
B. Plans and Data. Plans and supplemental information required in these regulations
shall be submitted with the following exemptions and additions.
1 . Boundary Lines: All plans may show
approximate boundary, lot, right-
of-way, or other lines including
the plan submitted for final approval.
2. Documents and Certificates: The following
documents and certificates
shall be submitted with or shown
on the preliminary plan (draft or
copy) and the plan submitted for
final approval (final form and signed.)
a.
Covenants, restrictions, or lease and rental agreements.
b.
Encroachment permits or a letter indicating intent to issue a
permit where new roads, easements, and other subdivision
improvements intersect or are located within City, County, or
State Highways or roads.
c.
Certificate of Installation of Improvements by Registered
Engineer.
d.
Certificate of the appropriate governing body.
e.
Certificate of Approval by the State Department of Health and
Environmental Sciences (with plan for final approval only.)
- 47 -
~;:~:::.:Jgirti~iq~j@q~Y9qmty'.OJ"r~~~qr~rs
g- .....9#-r~i~i9~~i9~M9r~gigiw~~)..."
Section 24
The Bozeman Municipal Code be amended by amending Section 16.26.030, and that such
section shall read as follows:
"16.26.030 Standards for mobile home parks and recreational vehicle parks.
The Design Standards of Chapters 16.14 and 16.16 of these Regulations shall be complied
with, except where otherwise noted below.
A. Space Lavout. Required plans shall include a layout of typical spaces showing the
location and dimensions of the space, stand, driveway and parking spaces in
compliance with the following standards.
1 . Within the City Limits and Zoning
Jurisdiction:
MOBILE HOME RECREA TIONAL
SPACE VEHICLE SPACE
a.
Minimum Space Area 5,000 sQ.ft. 1,500 sq.ft.
b.
Minimum Space 50 feet 1 5 feet
Width
c.
Minimum Stand Size 12' x 60', 8 feet in width
single
24' x 48',
double
d.
Setback of Stands
From:
· property line 20 feet 20 feet
(exterior boundary)
· interior streets 1 5 feet ~--
· public streets 25 feet 25 feet
e.
Distance between
Stands From:
· side to side 25 feet n_
· rear to rear 1 5 feet n_
f.
Parking Spaces (9'x
20'):
· Each Mobile Space 2 spaces 1 space
· For every 4 mobile 1 space n_
spaces (guest parking)
2. Within the Planning Jurisdictional
Area
MOBILE HOME RECREA TIONAL
SPACE VEHICLE SPACE
a.
Minimum Space Area 6,000 sQ. ft. 1,500 sQ. ft.
b.
Minimum Space Width 60 feet 1 5 feet
~ 48 -
-.--...----.-
. _... n. __ ___ ._
.-- - -..--.---------.-. _._~-_._---,,--_.._-_._--
c. Minimum Stand Size
12'x 50', single 8 feet in width
24'x 50',
double
d. Setback of Stands
from:
· property line
20 feet
25 feet
(exterior boundary)
· interior roads
1 5 feet
_H
· public roads
25 feet
25 feet
e. Distance between
Stands from:
· side to side
25 feet
_u
· rear to rear
1 5 feet
n_
f. Parking Spaces
(9' x 20'):
· for each mobile
2 spaces
1 space
space
· for every 4 spaces
1 space
---
(for guest parking)
3. Setback Reauirements: The setback of stands from private interior
streets shall be measured from either the back of curb or from the
improved edge of pavement, whichever applies.
4. Arranaement: Mobile
home spaces shall be arranged to permit the
practical placement and removal of mobile homes. Every space must
front on a public or private street.
5. Limits Marked: The limits of each mobile home space shall be marked
on tho ground with a suitable means prior to submittal of the plan for
final approval.
6Q' Sta nd Base
Reauirements: Each mobile
home stand
shall be
constructed to provide adequate support for placement of the mobile
home, including a stabilized sub base, along with an appropriate base
material (gravel, concrete, etc.). The base material shall be subject to
approval by the County Road Office or City Building Department, as
appropriate.
+~. Tie-Downs: Mobile home stands shall be equipped with anchors or tie-
downs in conformance with the Uniform Building Code.
&". Parkina Spaces:
Two (2) parking spaces shall be provided on each
mobile home space, minimum and maximum.
The spaces may be
stacked, one behind the other, or they may be side by side within the
front yard setback area, but may not protrude over the sidewalk. The
required guest parking shall be uniformly arranged and dispersed for
convenience throughout the mobile home subdivision. Guest parking
must be paved.
If parking is provided on one or both sides of the
subdivision streets, the requirement for guest parking will not apply.
g~.. A permanent enclosure for temporary storage of garbage, refuse, and
other waste material shall be provided for every mobile home space.
If trash dumpsters are to be used, they shall be centrally and
conveniently located, shall not be located in any front yard, and shall
be situated so that containers can be pulled straight out of the
enclosure or so the sanitation truck can back straight into the
enclosure. The location of each trash dumpster shall be shown on the
preliminary plat, with the location subject to review and approval by
the sanitation company of the subdivider's choice.
- 49 -
---- ---- --- .----.-
--..---
Enclosures shall be constructed for
every trash dumpster, and shall be
constructed of solid or ornamental
pierced masonry walls or other
appropriate material. with a solid
concrete floor sloped for drainage
and maintenance of sanitary conditions.
Enclosures shall be of
sufficient height to conceal contents,
including container, but shall, in
no case, be less than four feet in
height above grade.
If each mobile home space will use
individual cans for the temporary
storage of garbage, refuse, and other
waste materials, a garbage can
rack shall be provided for each mobile
home space. The rack shall be
of sufficient size to hold two standard
garbage cans, and shall be
constructed to ensure the cans cannot
be spilled from the rack by
wind, children, or animals. The location
of each rack, and a detail of
the
construction, shall be
provided with the preliminary
plat
application.
B. Street and Road Desian. Private or public streets or roads, which are improved in
accordance with these regulations, shall be provided. The subdivider shall not be
required to reserve right-of-way in excess of the improved street or road width,
except for public streets which extend through the subdivision.
1 . Street Tvee: The width of private
streets, as measured from back of
curb to back of curb (within City
limits), or improved edge to improved
edge, whichever applies, shall be:
STREET TYPE
WITHIN CITY OUTSIDE CITY
Street with parking allowances
37 feet
40 feet
on both sides
Streets with parking allowances
30 feet
32 feet
on one side
Streets without parking
24
feet 24
feet
allowances
2. Private Streets: Except for public
streets that extend through the
subdivision, streets in mobile home
or recreational vehicle parks shall
not be dedicated to public use.
a.
All private streets without parking allowances on one or both
sides shall be signed "No Parking, Fire Lane" in accordance
with the requirements of the Manual of Uniform Traffic Control
Devices (M.U.T.C.D.). Any curb on the side or sides of a street
which are signed "No Parking, Fire Lane", shall be painted
yellow.
b.
All private streets for mobile home or recreational vehicle parks
shall be constructed as paved streets, with concrete curb and
gutter installed on streets within City limits. Sidewalks shall be
installed on AT LEAST one side of all private streets that have
parking allowances on one side, as well as on those that
provide no parking allowances. Sidewalks shall be installed on
both sides of the street for private streets with parking
allowances on both sides. A minimum four (4) foot wide
boulevard shall be provided between the edge of pavement and
sidewalk for snow removal.
3. Public Streets. Public streets that
extend through the subdivision shall
be dedicated to the public either
through the minor subdivision process
or by written easement. Public streets
within the subdivision shall be
constructed to City or County standards,
as appropriate. For
- 50 -
subdivisions within City limits,
sidewalks shall be installed on both
sides of the public street.
4. Primary Access:
Mobile home and recreational vehicle parks shall
have direct access to a designated
collector or arterial street or road.
All off.site access to mobile home
or recreational vehicle parks shall
meet the requirements for collectors
or arterials in the Design
Standards of these Regulations.
5. Stand Access: Minimum access width
to each mobile home or
recreational vehicle stand shall
be twelve (12) feet. All private stand
access drive approaches to public
streets within the City limits shall
be constructed in accordance with
the City's standard approach, i.e.,
concrete apron, sidewalk section,
and drop.curb, with approaches
being a minimum of 8.feet from subdivision
property lines. All private
stand access drive approaches to
public streets outside City limits
shall be approved by the County Road
Office.
C. Public Access and Utility Easements/Riaht-of-Way: Written public access/utility
easements shall be filed with the County Clerk and Recorder for water and sewer
mains, private utilities (power, phone, gas, TV, etc.), streets and sidewalks prior
to
final plan approval.
4-:- In the interest of obtaining dedicated
right.of.way instead of access and
utility easements for public streets, the appropriate governing body may require the
subdivider to apply for a minor subdivision which will provide the means of
dedicating the right-of-way as well as utility and access easements. The dedication
of public streets and appropriate easements shall be the sole purpose of the
subdivision.
D. Second or Emergency Access.
To facilitate traffic, the provision of emergency
services, and the placement of utility easements, the subdivider shall provide all
mobile home or recreational vehicle parks with a second means of access. If, in the
judgement of the appropriate governing body, a second dedicated right-of.way
cannot be provided for reasons of topography or other physical conditions, the
subdivider shall provide an emergency access, built to the standards of these
Regulations.
E. Mail Delivery. If mail delivery will not be to each individual space, the mobile home
park shall provide an off.road area for mail delivery within the development in
cooperation with the United States Postal Service.
F. Landscapina. Landscaping
may be required by the appropriate governing body to
provide a buffer between mobile home and recreational vehicles parks and adjacent
uses, and to enhance the appearance of the development. The landscaping may
be interspersed with a fence or wall.
Specific perimeter landscape/buffering
- 51 .
------
-
......_ _...__..__.____._u__._._..._._._ ._...._
treatments shall be determined on a case-by case basis, with the appropriate
governing body considering appropriate factors such as the nature of adjacent uses,
noise, proximity to busy streets, and community character into account.
Landscaping within the mobile home or recreational vehicle park shall be provided
by the subdivider to soften the aesthetic appearance of the park as well as to
enhance privacy of park residents, help conserve energy by shading and cooling the
buildings and roadway surface, and give some visual order to the development.
G. Recreation Areas.
At a minimum, the amount of land required to be dedicated
under Chapter 16.14.090 of these Regulations shall be reserved as park or
recreation area. These areas shall be located to conveniently serve residents of the
entire development, and shall be configured to provide usable recreational area.
Recreation areas may include space for community recreation buildings and
facilities.
1 . Public Accessibility to Recreation
Areas: Public access through the
recreation area may be required,
through the provision of a written
public
access easement, if it is determined by the appropriate
governing body that public access
is necessary to ensure public
access through the private recreational
area from adjoining properties
to nearby or adjacent public parks.
2. Conducive Use of Storm Water Facilities
Located Within Recreation
Areas: If storm water facilities
are located within the recreation areas,
the conducive use of the storm water
facility as recreation land shall
be determined by the appropriate
governing body to ensure adequate
recreation area is available.
If it is determined that the storm water
facility is not conducive to recreation
use, the subdivider shall either
provide
additional recreation area,
or may install
recreational
improvements, such as playground
equipment, to offset the decrease
in usable recreation area.
3. Recreation Area Imorovements: All
recreation areas must be leveled
and reseeded, and a permanent irrigation
system provided by the
subdivider.
H. StoraQe Reauirements: The subdivider shall indicate how on-site storage needs of
residents, including but not limited to, recreational vehicle storage (e.g. boats,
trailers, snowmobiles, motorcycles, campers, etc.), summer-time patio furniture,
bicycles, lawnmowers, etc., will be met."
Section 25
The Bozeman Municipal Code be amended by amending Section 16.28.040, and that such
section shall read as follows:
- 52 -
"'6.28.040 Specific exemptions.
A. Exemotions as a Gift or Sale to a Member of the Immediate Family.
1. A member of the immediate family
is the spouse of the grantor, or
whether by blood or adoption, a son,
daughter, mother, or father of
the grantor.
2. The proper use of the exemption as
a gift or sale to a member of the
immediate family is to convey one
(1) parcel of land outside of a
platted subdivision to each member
of the landowner's immediate
family, providing that the use of
the exemption creates no more than
one (1) additional parcel of less
than 160 acres in size. The parcel
involved in the division must be
outside of a platted subdivision. Each
exemption under this section will
be reviewed by the appropriate
governing body under these regulations.
3. A certificate of survey for a family
transfer may include more than one
exempt parcel providing all parcels
meet the criteria of this section.
4. Certificates of survey showing the
creation of new parcels of land
pursuant to this exemption as a gift
or sale to a member of the
immediate family must be accompanied
by a copy of the deed
transferring interest in the parcel
being created, or a statement
detailing where the deed is in escrow,
how long it will be in escrow,
and authorization to contact the
escrow agent for verification.
5. The certificate of survey for an
exemption for a family transfer must
indicate the name of the grantee,
the relationship of the grantee to the
landowner, and the parcel to be conveyed
to the grantee.
6. The appropriate governing body makes
a rebuttable presumption that
a family transfer is adopted for
the purpose of evading the Act if it is
determined that one or more of the
following conditions exist:
a.
The exempted parcel would leave more than one additional
parcel of less than 160 acres.
b.
The member of the landowner's immediate family would have
received more than one (1) exempted parcel in the county.
B. Aqricultural ExemDtion.
1 . An agricultural exemption is a division
of land made outside of a
platted subdivision by gift, sale,
or agreement to buy and sell in which
the parties to the transaction enter
a covenant running with the land,
revocable only by mutual consent
of the appropriate governing body
and the transferee/ property owner,
that the divided land will be used
exclusively for agricultural purposes.
No building or structure requiring
water or sewer facilities shall be
utilized on such a parcel. The parcel
involved in the division must be
outside of a platted subdivision.
a.
A change in use of the land for anything other than agricultural
purposes subjects the division to these Subdivision Regulations.
C. Relocation of Common Boundarv Lines.
1 . The proper use of the exemption for
relocating common boundary lines
is to:
a.
Establish a new boundary between adjoining parcels of land,
without creating an additional parcel; or
b.
Establish a new common boundary line between a single lot
within a platted subdivision and adjoining land outside a platted
- 53 -
-- - -
'," -.,.........,.. ,. - c"=-- "",,--- ---
-,._~,._~-
subdivision. A restriction or requirement on the original platted
lot or original unplatted parcel continues to apply to those
areas.
2. A Certificate of Survey for the relocation
of common boundary lines
may include five or fewer parcels
and/or lots.
3. Certificates of Survey showing the
relocation of common boundary
lines must be accompanied by:
a.
A deed(s) exchanging recorded interest from every person
having a recorded interest in adjoining properties for the entire
newly-described parcel(s) that is acquiring additional land; and
b.
Documentation showing the need or reason for the relocation
(for example: structure encroachment,
surveyor error, or
enhancement of the configuration of the property).
c.
The certificate of survey must bear the signatures of all
landowners whose parcels are changed by the relocation, and
show that the exemption was used only to change the location
of a boundary line dividing two parcels, and must clearly
distinguish the prior boundary location (shown, for example, by
a dashed or broken line or a notation) from the new boundary
(shown, for example, by a solid line or notation).
4. The appropriate governing body makes
a rebuttable presumption that
a proposed relocation of common boundary
lines is adopted for the
purpose of evading the Act. if:
a.
The appropriate governing
body determines that
the
documentation submitted according to this section does not
support the stated reason for relocation, or an additional parcel
is created.
D. Agqreqation of Lots and/or Relocation of Common Boundaries within a Platted
Subdivision
1 . The proper use of the exemption for
aggregation of lots and/or
relocation of common boundaries is
to rearrange and/or aggregate five
or fewer lots within a platted subdivision
and does not increase the
total number of lots within the subdivision.
The Plat shall contain the
title "Amended Plat" and must be
filed with the County Clerk and
Recorder.
2. The Amended Plat showing the aggregation
of lots and/or relocation
of
common boundary within
a Platted Subdivision
must be
accompanied by:
a.
A deed(s) exchanging recorded interest from every person
having a recorded interest in adjoining properties for the entire
newly-described parcel(s) that is acquiring additional land; and
b.
Documentation showing the need or reason for the relocation
(for example: structure encroachment,
surveyor error, or
enhancement of the configuration of the property).
c.
The amended plat must bear the signatures of all landowners
whose parcels are changed by the relocation or aggregation.
The amended plat must show that the exemption was used
only to change the location of boundary lines or aggregate lots,
and must clearly distinguish the prior boundary location (shown,
for example, by a dashed or broken line or a notation) from the
new boundary (shown, for example, by a solid line or notation).
- 54 -
3. The appropriate governing body makes
a rebuttable presumption that
a
proposed aggregation of
lots and/or relocation
of common
boundaries within a platted subdivision
is adopted for the purpose of
evading the Act if it determines
that six or more lots are effected
iff~pU~g by the proposal.
4. Any division of lots which results
in an increase in the number of lots
or which redesigns or rearranges
six or more lots must be reviewed as
a subdivision and approved by the
appropriate governing body prior to
the filing of the final plat.
E. Security for Construction Financina.
1 . The proper use of the exemption is
to provide security for construction
mortgages, liens, or trust indentures,
when a survey of the parcel has
been required.
2. The appropriate governing body makes
a rebuttable presumption that
a division of land that is created
to provide security is adopted for the
purpose of evading the act under
the following conditions:
a.
If the division of land is created for the purpose of conveyance;
or
b.
The financing is for construction on land other than on the
exempted parcel.
3. When the security for construction
financing exemption is to be used,
the landowner shall submit, in addition
to such other documents as
may be required, a written statement
explaining:
a.
How many parcels within the original tract will be created by
use of the exemption,
b.
Who will have title to and possession of the remainder of the
original parcel,
c.
A signed and notarized statement from a lending institution that
the creation of the exempted parcel is necessary to secure a
construction loan for buildings or other improvements on the
parcel.
4. The written statement and the instruments
creating the security shall
be filed at the same time as the
survey with the Clerk and Recorder.
F. Court Order.
1 . The proper use of this exemption
is when a division of land is created
by order of any court of record in
this state or by operation of law, or
which, in the absence of agreement
between the parties to the sale,
could be created by an order of any
court in this state pursuant to the
law of eminent domain, when a survey
of the parcel has been
required. "
Section 26
The Bozeman Municipal Code be amended by amending Section 16.30.010, and that such
section shall read as follows:
"16.30.010 Variances.
The appropriate governing body may grant reasonable variances from the dC3ign and
improvement ~t~mdards of these regulations where it is found that strict compliance would result
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. - _.._ __.... ._n_ _. __.~__"___ .._.. ...___
in undue hardship and!y~h!!:!:I~f!qt~~:~~&rnpUiqg~ is not essential to the public health, safety, and
general welfare.
A. Procedure: The subdivider shall include with the submission of the preliminary plat
a written statement describing the requested variance and the facts of hardship
upon which the request is based. The Planning Board shall consider each variance
at the public hearing on the preliminary plat, and include their findings and
conclusion in its
recommendation to the appropriate governing body.
The
appropriate governing body shall then consider each variance during their review
of the preliminary plat.
B. Public Hearina Notice: The notice required in Chapter 16.10.050.E of these
Regulations shall include a reference to all requested variances.
C. Review Criteria: Per Section 76-3-506, MCA, a variance to these Regulations must
be based on specific variance criteria, and may not have the effect of nUllifying
the
intent and purpose of these Regulations. The appropriate governing body shall not
approve variances unless it makes findings based upon the evidence presented in
each specific case that:
1 . The granting of the variance will
not be detrimental to the public
health, safety, or general welfare,
or be injurious to other adjoining
properties;
2. Because
of the particular
physical surroundings, shape
or
topographical conditions of the specific
property involved, an undue
hardship to the owner would result
if strict interpretation of these
Regulations is enforced;
3. The variance will not cause a substantial
increase in public costs; and
4. The variance will not,
in any manner, place the subdivision
in
nonconformance
with any
adopted zoning regulations
or
comprehensive plan.
C. Variances from Floodwav Provisions Not Authorized: The appropriate governing
body may not, by variance, permit subdivision for building purposes in areas located
within the floodway of a flood of 100-year frequency as defined in Title 76,
Chapter 5, MCA.
D. Conditions: In granting variances, the appropriate governing body may require such
conditions as will, in its judgement, secure the objectives of these regulations.
E. Statement of Facts:
When any variance from these Regulations is granted, the
motion of approval shall contain a statement describing the variance and conditions
upon which the issuance of the variance is based.
- 56 -
F. Planned Unit Development:
Where the standards and requirements of these
regulations may be modified by the appropriate governing body in the case of a
planned unit development, no application for a variance shall be necessary.
However, the procedure for a variance shall be followed."
Section 27
The Bozeman Municipal Code be amended by amending Section 16.30.070, and that such
section shall read as follows:
"16.30.070 Additional Conditions After Preliminary Plat Approval.
After the preliminary plat is approved, 9n!~~~,:~~"m)~~99~i~~:':'@r"]~~:~'~P'pJi~~"I'i'i~9rmi~~g~,::::~~
t~~'~~:~:~:~~r:::,::~:~~:,:i:,,9lj~i'iQ~~9~99Q~i~igQh~~I:l~~l'1r@qy@~!~~~y~h~~Ym~j;!{!~;~r:~: the appropriate
governing body may not impose any additional conditions as a prerequisite to final plat approval,
providing said approval is obtained within the original or extended approval period as provided
in these regulations."
Section 28
The Bozeman Municipal Code be amended by adding a new chapter to be numbered
Chapter 16.39, and that such chapter shall read as follows:
"CHAPTER 16.39
GALLA TIN COUNTY ROAD IMPACT FEE
REGULA TION
Adopted April 1. 1997
16.39.010 Legislative findings.
The Commissioners of Gallatin County, Montana, find that:
A. The protection of the health, safety and general welfare of the citizens of the
County requires that the road system of the County be expanded and improved to
accommodate continuing growth within the County.
B. All types of new development for which specific waivers have not been defined in
this regulation will generate traffic that will require expansions and improvements
to the County major road system.
C. The creation of an equitable Road Impact Fee system would enable the County to
impose a proportionate share of the costs of required road expansion and
improvements on those developments that create the need for them.
D. That County Road and Fire Impact Fee Study prepared by James Duncan and
Associates dated September 1995 sets forth a reasonable methodology and
analysis for determining the impacts of new development on the County's major
- 57 -
.-.
road system and for determining the cost of acquiring or constructing those road
expansions and improvements required to serve new development.
E. The County
hereby adopts the assumptions, levels of service and
capital
improvement plans related to roads and reference in the County Road and Fire
Impact Fee Study as part of its current plans for the County's major road system,
F. The Road Impact Fee described in this regulation is based on that County Road and
Fire Imoact Fee Study and does not exceed the costs of acquiring additional rights.
of-way and acquiring or constructing those road expansions and improvements
required to serve the new developments that will pay the Road Impact Fee.
G. All of the road expansions and improvements listed in the County Road and Fire
Impact Fee Study will benefit all new development in the County and it is,
therefore, appropriate to treat all of the unincorporated areas of the County as a
single benefit area for purposes of calculating, collecting and spending the Road
Impact Fees.
H. There is both a rational nexus and a rough proportionality between the traffic
impacts created by new development covered by this regulation and the Road
Impact Fed that such development will be required to pay.
I. This regulation creates a system by which the Road Impact Fees paid by different
developments will
be used to
provide road improvements
benefiting the
development that paid the fee within a reasonable period of time after the fee is
paid.
J. Section 76-3-501, MCA, authorizes the County to require a subdivider to payor
guarantee payment for part or all of the costs of extending capital facilities related
to public health and safety including, but not limited to, public roads, sewer lines,
water supply lines and storm drains to a subdivision.
16.39.020 Authority and Applicability.
A. Authority for the adoption of this regulation is found in the Montana Subdivision
and Platting Act, Sections 76-3-101, et seq., MCA.
B. The provisions of this regulation shall apply to all of the land within Gallatin County,
but shall not apply to any land located within the corporate limits of any city or
town in Gallatin County.
16.39.030 Intent.
A. This regulation is adopted to help implement the Gallatin County Plan and any
~ 58 -
future updates to or replacement of that Plan.
B. The intent
of this regulation is to ensure that new development bears a
proportionate share of the cost of road improvements, to ensure that such
proportionate share does not exceed the cost of road improvements required to
serve such new developments, and to ensure that funds collected from such new
developments are actually used to construct road improvements that benefit such
new developments.
C. It is not the intent of this regulation to collect any money from any new
development in excess of the actual amount necessary to offset new demands for
road improvements created by that new development.
D. It is not the intent of this regulation that any monies deposited in the Impact Fee
Fund created by this regulation ever be commingled with monies from a different
Impact Fee Fund or ever be used for a type of facility or equipment different from
that for which the fee was paid.
E. As used in this regulation, the term "Road Improvements" means the planning, land
acquisition, engineering design, construction, construction inspection, equipment
purchases and financing costs associated with new or expanded facilities or
equipment, that expand the capacity of the County's major road system and that
have an average useful life of at last ten (10) years, but not including maintenance,
operations or improvements that do not expand capacity.
16.39.040 Imposition of Road Impact Fees.
A. A subdivider who submits a complete application for preliminary plat approval after
the effective date of this regulation shall pay a Road Impact Fee in the amount
specified in this regulation prior to final plat approval.
The effective date of this
regulation is May 1, 1997.
B. The duty to pay such Road Impact Fee shall be attached as a condition to any
preliminary plat approval of a subdivision.
16.39.050 Computation of Amount of Road Impact Fee.
A. A subdivider required to pay a Road Impact Fee may choose to have the County
determine the amount of such fee pursuant to either subsection (B) or (C) below.
B. Unless the subdivider requests that the County determine the amount of such fee
pursuant to subsection (C), the County shall determine the amount of the Road
Impact Fee by applying a fixed fee of one thousand five hundred and ninetyvsix
- 59 -
($1.596) per lot or parcel shown on the final map of the subdividion or on the
zoning permit application.
Such fee amount includes credits for expected future
receipts of federal highway funds and expected future receipts of gas tax revenues
applied to the road improvements required to serve new development.
C. A subdivider may prepare and submit to the County an independent fee calculation
study for the proposed development prepared by Qualified professional traffic
engineers and/or economists. Any such study must: (a) use the service units and
unit construction costs stated in the Countv Road and Fire Imoact Fee Study; (b)
be performed in compliance with any criteria for such studies previously established
by this regulation or by the County; (c) show the traffic engineering and economic
methodologies and assumptions used including. but not limited to. those forms of
documentation listed in subsections (1) and (2) below; and (d) be acceptable to the
County pursuant to subsection (3) below.
1 . Traffic engineering
studies
must include documentation
of trip
generation rates. trip lengths. any
percentage of trips from the site
that represent net additions to current
trips from the site. the
percentage of trips that are new
trips as opposed to pass-by or divert.
link trips and any other trip data
for the proposed land use.
2. Economic studies must include documentation
of any special factors
that the subdivider believes will
reduce the traffic volumes otherwise
attributable to the development.
3. The
County shall
consider all such
documentation and any
independent fee calculations submitted
by the subdivider. but shall not
be required to accept any such study
or documentation reasonably
deemed to be inaccurate or unreliable.
and may request that the
subdivider
submit additional
or different
documentation for
consideration. Any independent fee
calculation study submitted by a
subdivider may be accepted. rejected
or accepted with modifications
by the County as the basis for calculating
Road Impact Fees.
4. Upon acceptance or acceptance with
modifications of an independent
fee calculation study and documentation.
the County shall use the
following formula to determine the
fee:
New Lane Miles
= [(One Way Average Daily Trips x Primary Trip
Factor x Average Trip Length) / (390 Vehicles
per Day per Lane)]
(390 is the weighted average of current use
rates per lane for paved and gravel roads from
County Road and Fire Imoact Fee Study)
Cost
= New Lane Miles x $55.300
($55.300 is the weighted average of cost per
lane mile of paved and gravel roads from
County Road and Fire Imoact Fee Stud v)
Street Impact Fee
= Cost x .617 (representing the same 38.3%
credit for expected state and federal highway
funding and
gas tax revenues used
to
calculate the fee in Section 16.39.060.8)
- 60 -
-----
where: "One Way Average Daily Trips"
means one-half of the
average daily trip ends on a weekday;
and
"Primary Trip Factor" means that
percentage of average
daily trips to or from the development
that are primary
trips, as opposed to pass-by or divert-link
trips; and
"Average Trip Length" means the average
distance per
trip traveled on public roads in
the County
D. If the subdivider is applying for a re-subdivision of an approved subdivision or an
amendment to a final subdivision plat for which a Road Impact Fee has previously
been paid, then the fee shall be the net positive difference between the fee
applicable at the time of the current application for subdivision approval or
amendment and any amount previously paid as an impact fee for road facilities.
16.39.060 Payment of Road Impact Fees.
A. A subdivider required to pay a road impact fee shall pay such fee to the County
prior to the final approval of any subdivision of land or enter into an Improvements
Agreement and provide security for said agreement pursuant to Gallatin County
Subdivision Regulation Section 8.B.1.g., Improvements Aqreements.
B. All monies paid by a subdivider pursuant to this regulation shall be identified as
Road Impact Fees and shall be promptly deposited in the Road Impact Fee Fund as
described in Section 16.39.070.
16.39.070 Road Impact Fee Fund.
A. A Road Impact Fee Fund is hereby created for the County.
B. The Road Impact Fee Fund shall contain only those Road Impact Fees collected
pursuant to this regulation and any interest which may accrue from time to time on
such amounts.
C. Interest earned on monies in the Road Impact Fee Fund shall be considered part of
such fund and shall be subject to the same restrictions on use applicable to the
Road Impact Fees deposited in such fund.
D. The County's reasonable costs to calculate and document Road Impact Fees,
credits against those fees, and refunds on those fees pursuant to this regulation
shall be considered as expenses of reviewing subdivision plats, and shall be
included in the County's fees for the review of such plats pursuant to authority
granted in Section 76-3-602, MCA.
16.39.080 Use of Funds.
A. The monies in the Road Impact Fee Fund shall be used only (a) to acquire land for
- 61 -
and/or acquire or construct any road improvements, including planning, land
acquisition, engineering design, construction, construction inspection, equipment
purchases and financing costs associated with new or expanded facilities or
equipment within the County; or (b) to pay debt service on any portion of any
future bond issue used to finance road improvements to the extent that such
improvements expand the capacity of the County's major road system; or (c) as
described in Section 16.39.100 or Section 16.39.11 D.H. of this regulation.
B. Monies in the Road Impact Fee Fund shall be considered to be spent or encumbered
in the order collected, on a first-in/first-out basis.
C. No monies from the Road Impact Fee Fund shall be spent for periodic or routine
maintenance of any facility of any type or to cure deficiencies in facilities existing
on the effective date of this regulation.
16.39.090 Waivers of Road Impact Fees.
A. The County shall waiver the Road Impact Fee for any lot meeting the existing use
or the agriculture covenant criteria.
1 . Existing use:
a.
The lot is developed with at least one dwelling unit/structure.
b.
The use of the lot will produce no greater demand on road
impacts than would have been produced if such land had not
been subdivided.
2. Agriculture covenant:
a.
A covenant has been placed on the lot that the lot will be used
exclusively for agricultural purposes, no building or structure
requiring water or sewer facilities shall be utilized on the lot.
b.
The covenant runs with the land and is revocable only by
mutual consent of the County Commission and the property
owner through the subdivision process.
c.
The impact fee in place at the time of the revocation shall be
paid.
Such waiver shall be granted prior to final approval of the subdivision.
A request
for a waiver made after the approval shall be invalid.
B. Subdividers otherwise required by this regulation to pay a Road Impact Fee may
request a full or partial waiver of that requirement if one of the following can be
demonstrated:
1 . A full waiver may be received if
the subdivider has provided a
contribution toward the cost of acquiring
or constructing the capital
facilities and/or equipment required
to serve the lot(s) in an amount
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~-
that equals or exceeds the Road Impact
Fee otherwise required by this
regulation.
2. A partial waiver may be received
if the subdivider has provided a
contribution toward the cost of acquiring
or constructing the capital
facilities.
Any such claim for waiver must be made no later than the time when the subdivider
applies for final approval of the subdivision, and any request for a waiver not made
at or before such time shall be invalid.
C. The County Planning Director, after consulting with the County Road and Bridge
Department, shall determine validity, subject to an application for subdivision
review, or any waiver or claims for a waiver pursuant to the criteria set forth in
subsection A or B above.
Final determination of validity shall be made at final
approval of subdivision.
16.39.100 Refunds of Road Impact Fees Paid.
Any monies in the Road Impact Fee Fund that have not been spent or encumbered within
ten (10) years after the date on which such fee was paid shall, upon application of the then
current owner of the land for which the fee was paid, be returned to such owner with interest
at the rate of ten percent (10%) per annum since the date of payment. In order to be eligible
to receive such refund, the then owner of the land shall be required to submit an application for
such refund within six (6) months after the expiration of such ten (10) year period, or such claim
shall be waived. When the right to a refund exists due to a failure to encumber or spend fees
within such ten (10) year period, the County shall provide written notice of entitlement to a
refund to current owner of the land for which the fee was paid. The County shall also publish
such notice within thirty (30) days after the expiration of the ten (10) year period from the date
the Road Impact Fee was paid. The published notice shall contain
the heading 'Notice of
Entitlement to an Impact Fee Refund'.
16.39.110 Credits Against Road Impact Fees.
A. After the effective date of this regulation, all mandatory or voluntary right-of-way
dedications for road improvements by a subdivider, and all mandatory or voluntary
acquisition or construction of road improvements by a subdivider, and all payments
to any approved rural improvement area for road improvements, shall result in a pro
rata credit against the Road Impact Fees otherwise due for such development,
except that no such credit shall be awarded for:
(a) land dedications for, or
construction of, site-related improvements as defined in Section 16.39.11 O.B. of
- 63 -
- ---.------.-
-.......----
-
this regulation; (b) any voluntary right-of-way dedications not accepted by the
County; (C) any voluntary acquisition or construction of road improvements not
approved in writing by the County prior to commencement of the acquisition or
construction; or (d)
any mandatory or voluntary dedication, construction or
acquisition of a type of road improvement not included in the calculation of the
Road Impact Fee in the County Road and Fire Impact Fee Studv.
B. For purposes of this regulation, site-related improvements include all (a) access
roads leading to the proposed development; (b) driveways and roads within the
development; (c) acceleration, deceleration, right or left turn lanes leading to any
road and driveway within the development; and (d) traffic control devices for roads
and driveways within the development.
C. In order to obtain a credit against Road Impact Fees otherwise due, a subdivider
must (a) submit a written agreement or offer to dedicate to the County specific
parcels of land, or to construct specific Road Improvements in accordance with all
applicable State or County design and construction standards; or (b) submit written
evidence of the payment of fees for road improvements to an approved Rural
Improvement District; and (c) must specifically request a credit against such Road
Impact Fees. Such written agreement, offer or evidence must be made on a form
provided by the County, must contain a statement under oath of the facts that
qualify the subdivider to receive a credit, must be accompanied by documents
evidencing those facts, and must be filed not later than the time when a subdivider
applies for final approval of the first subdivision required for the development,
or the
claim for the credit shall be invalid.
D. The credit due to the subdivider who submits such a request shall be calculated by
the County and documented by the County as follows:
1 . Credit for qualifying right-of-way
dedications shall, at the subdivider's
option, be valued at (a) one hundred
percent (100%) of the most
recent assessed value for such land
as shown in the records of the
County Assessor; or (b) that fair
market value established by a private
appraiser acceptable to the County
in an appraisal paid for by the
subdivider.
2. In order to receive credit for acquisition
or construction of road
improvements, the subdivider shall
submit acceptable engineering
drawings,
specifications and construction cost estimates to the
County. The County shall determine
the amount of credit due based
on the information submitted or,
if it determines that such information
IS
inaccurate or unreliable,
then on alternative
engineering or
construction costs acceptable to
the County.
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3. Credit for payments to an approved
rural improvement area for road
improvements shall be valued at the
full amount of such payments.
E. Approved credits shall become effective at the following times:
1 . Approved credits for dedications
of rights.of-way shall
become
effective when the right.of.way has
been conveyed to the County in
a form acceptable to the County and
at no cost to the County and has
been accepted by the County Commissioners.
When such conditions
have been met, the County shall note
that fact in its records. Upon
request of the subdivider, the County
shall send the subdivider a letter
stating the number of credits available
to the subdivider.
2. Approved credits for the construction
of road improvements shall
generally become effective when (a)
all required construction has been
completed and has been accepted by
the County; and (b) a suitable
maintenance and warranty bond has
been received and approved by
the County; and (c) all design, construction,
inspection, testing,
bonding
and acceptance procedures
have been
completed in
compliance
with all applicable
County and
State procedures.
However, approved credits for the
construction of road improvements
may become effective at an earlier
date if the subdivider posts security
in the form of a performance bond,
irrevocable letter of credit, or
escrow agreement and the amount and
terms of such security are
accepted by the County. At a minimum,
such security must be in the
amount of the approved credit or
an amount determined to be
adequate to allow the County to construct
the improvements for
which the credit was given, whichever
is higher. When such
conditions have been met, the County
shall note that fact in its
records.
Upon request of the subdivider, the County shall send the
subdivider a letter stating the number
of credits available to the
subdivider.
3. Credits for payments to an approved
rural improvement area for road
improvements shall be effective immediately
upon review and approval
of the evidence of such payment submitted
by the subdivider. When
such conditions have been met, the
County shall note that fact in its
records.
Upon request of the subdivider, the County shall send the
subdivider a letter stating the number
of credits available to the
subdivider.
F. Approved credits may be used to reduce the amount of Road Impact Fees otherwise
due under this regulation, until the amount of the credit is exhausted.
Each time
a request to use credits from a mandatory or voluntary dedication, acquisition or
construction is presented to the County, the County shall reduce the amount of the
Road Impact Fee otherwise due from the subdivider, and shall note in the County
records the amount of credit remaining, if any. Upon request of the subdivider, the
County shall send the subdivider a letter stating the number of credits available
to
the subdivider.
G. Approved credits shall only be used to reduce the amount of Road Impact Fees
otherwise due under this regulation, and shall not be paid to the subdivider in cash
or in credits against any other impact fees for a different type of facility or service
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or against any other monies due to the County, except as described in Section
16.39.110.H. of this regulation.
H. If the amount of approved credits exceeds the amount of Road Impact Fees
otherwise due under this regulation, the subdivider may request in writing that the
County provide for reimbursement of any excess credits to the subdivider in cash
instead of transferable credits. Such written request must be filed not later than
the time when an application is made for final approval of the first subdivision
required for the development, or the claim for the credit shall be invalid.
Upon
receipt of such written request, those credits described in Section 16.39.110.0.
shall not be issued, and the County may, at its discretion:
(a) arrange for the
reimbursement of such excess credits from the Road Impact Fee Fund from fees
paid by others; or (b) arrange for reimbursement of such excess credits through the
issuance of a promissory note payable in not more than ten (10) years and bearing
interest equal to the interest rate paid by the County for its long-term debt.
I. Credits may be transferred from one owner to another by any written instrument
clearly identifying the credits issued under Section 16.39.110.0 of this regulation
that are to be transferred, provided that such instrument is signed by both the
transferor and transferee and that the document is delivered to the County for
registration of the change in ownership.
16.39.120 Miscellaneous Provisions.
A. Nothing in this regulation shall restrict the County from requiring a subdivider to
construct reasonable project improvements required to serve the subdivider's
project, whether or not such improvements are of a type for which
credits are
available under Section 16.39.110.
B. At least once during each fiscal year of the County, the County Planning Director
shall present to the County Commissioners a proposed capital improvement
program for the County major road system, and such capital improvement program
shall assign monies from the Road Impact Fee Fund to specific projects for the
expansion or improvement of the County major road system and related expenses.
Any monies, including any accrued interest, not assigned to specific projects within
such capital
improvements program or
not expended pursuant to Section
16.39.100 or 16.39.11 O.H. of this regulation shall be retained in the Road Impact
Fee Fund until the next fiscal year.
- 66 -
C. The Road Impact Fee stated in Section 16.39.050.B. of this regulation shall be
adjusted annually to reflect the effects of inflation on those costs for road
improvements set forth in the Countv Road and Fire ImDact Fee Studv. Beginning
on January 1, 1999, and on January 1 of each following year unless and until the
fee in Section 16.39.050.8. is revised or replaced by action of the County
Commissioners, the fee amount in Section 16.39.050.8. shall be adjusted by
multiplying such amount by a fraction, the numerator of which is the U.S.
Consumer Price Index for all Urban Consumers for All Items published by the U.S.
Department of Labor, Bureau of Labor Statistics, for the area for the most recent
period for which figures are available, and the denominator of which is the
Consumer Price Index for All Items for the same area for the period one year prior
to the period reflected in the numerator. Such adjustments in the amount of such
fee shall become effective immediately upon calculation by the County, and shall
not require additional action by the County Commissioners to be effective.
D. The Road Impact Fees described in this regulation and the administrative procedures
of this regulation shall be reviewed at least once every three fiscal years to ensure
that: (a) the traffic and cost assumptions underlying such fees are still valid; (b)
the
resulting fees do
not exceed the actual
cost of acquiring
land for road
improvements and/or acquiring or constructing road improvements required to serve
new development; (c) the monies collected or to be collected in the Road Impact
Fee Fund have been and/or are expected to be spent for road improvements; and
(d) such road improvements will benefit those developments for which the fees
were paid.
E. If a Road Impact Fee has been calculated and paid based on a mistake or
misrepresentation, it shall be recalculated. Any amounts overpaid by a subdivider
shall be refunded by the County to the subdivider within thirty (30) days after the
County's acceptance of the recalculated amount, with interest at the rate of ten
percent (10%) per annum since the date of such overpayment.
Any amounts
underpaid by the subdivider shall be paid to the County within thirty (30) days after
the County's acceptance of the recalculated amount, with interest at the rate of ten
percent (10%) per annum since the date of such underpayment. In the case of an
underpayment, the County shall not issue any additional permits or approvals for
the project for which the Road Impact Fee was previously paid until such
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underpayment is corrected, and if amounts owed to the County are not paid within
such thirty (30) day period, the County may also repeal any permits or approvals
issued in reliance on the previous payment of such Road Impact Fees and refund
such fees to the then current owner of the land.
F. In order to promote the economic development of the County and the provision of
affordable housing in the County, the County Commissioners may agree to pay
some or all of the Road Impact Fees imposed on one or more subdivided lots or
parcels from other funds of the County that are not restricted to other uses. Any
such decision to pay Road Impact Fees on behalf of a subdivider shall be at the
discretion of the County Commissioners and shall be made pursuant to goals and
objectives previously adopted by the County Commissioners to promote economic
development and/or affordable housing.
G. Knowingly furnishing false information to any official of the County charged with
the administration of this regulation on any matter relating to the administration
of
this regulation, including without limitation the furnishing of false information
regarding the expected size of a proposed subdivision or expected traffic impacts
from a proposed subdivision, shall be a violation of this regulation.
H. If any portion of this regulation is determined to be invalid, unenforceable or
unconstitutional for any reason by any court of competent jurisdiction, that portion
shall be treated as an
independent provision of this
regulation, and such
determination shall not affect the validity, enforceability, or constitutionality
of any
other provision of this regulation.
I. The section titles used in this regulation are for convenience only, and shall not
affect the interpretations of any portion of the text of this regulation.
J. The County shall keep a copy of the County Road and Fire Impact Fee StudY
prepared by James Duncan and Associates dated September 1995 on file in
the offices of the County Planning Department, and shall maintain accurate
records of the Road Impact Fees paid, including the name of the person
paying such fees, the project for which the fees were paid, the date of
payment of each fee, the amounts received for each fee, and any other
matters that the County deems appropriate or necessary to the accurate
accounting of such fees, and such records shall be available for review by the
public during County business hours.
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K. This regulation shall become effective on May 1, 1997."
Section 29
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof
in conflict herewith are hereby repealed.
Section 30
Severability.
If any provisions of this ordinance
or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this
ordinance which may be given effect without the invalid provision or application and, to this end,
the provisions of this ordinance are declared to be severable.
Section 31
Savings Provision.
This ordinance does not affect the rights or duties that matured,
penalties and
assessments that were incurred or proceedings that begun before the effective date of this
ordinance.
Section 32
Effective Date.
This ordinance shall be in full force and effect on September 20, 1998.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a
regular session thereof held on the 3rd day of August 1998.
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ATTEST:
AL M. TIFF, Mayor
R~S~?
Clerk of the Commission
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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 17th day of
August 1998.
ATTEST:
~oI.d~
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
I
J:/a
/'Ctil'~LJe
PA l J. L
City Attar y
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin l. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Ordinance No. 1477 was published by title and number in the
Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City,
in the issue dated the 22nd day of August 1998, and due proof of such publication is on file in
my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office.
ROBIN l. SULLIVAN
Clerk of the Commission
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